7–25–07 Wednesday Vol. 72 No. 142 July 25, 2007

Pages 40711–41008

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Contents Federal Register Vol. 72, No. 142

Wednesday, July 25, 2007

Agricultural Marketing Service Pesticides; tolerances in food, animal feeds, and raw NOTICES agricultural commodities: Grade standards: Glufosinate-ammonium, 40763–40766 Cantaloups, 40825 Penoxsulam, 40759–40763 Mangos, 40825–40826 PROPOSED RULES Air quality implementation plans; approval and Agriculture Department promulgation; various States; air quality planning See Agricultural Marketing Service purposes; designation of areas: See Food and Nutrition Service Pennsylvania, 40776–40788 See Forest Service NOTICES See Rural Business-Cooperative Service Agency information collection activities; proposals, submissions, and approvals, 40851–40853 Centers for Disease Control and Prevention Committees; establishment, renewal, termination, etc.: NOTICES Pesticide Program Dialogue Committee, 40853–40854 Agency information collection activities; proposals, Meetings: submissions, and approvals, 40884–40885 National Advisory Council for Environmental Policy and Technology, 40854–40855 Civil Rights Commission Pesticide, food, and feed additive petitions: NOTICES BASF Corp. et al., 40877–40879 Meetings; Sunshine Act, 40833 Pesticide programs: Risk assessments— Commerce Department 4-Aminopyridine, 40858–40859 See Foreign-Trade Zones Board Acrolein, 40857–40858 See International Trade Administration Copper naphthenate and zinc naphthenate See National Oceanic and Atmospheric Administration (naphthenate salts), 40855–40857 Pesticide registration, cancellation, etc.: Copyright Office, Library of Congress Benzyl benzoate, 40859–40861 RULES Cyclone Concentrate/gramoxone Max, etc., 40861–40874 Copyright office and procedures: Diazinon, 40874–40876 Copyright claims; online registration Monsanto Co., 40876–40877 Correction, 40745–40746 Reports and guidance documents; availability, etc.: Pesticides— Drug Enforcement Administration Antimicrobial products; emerging pathogens and RULES disinfection hierarchy; implementation, 40879– Records and reports of listed chemicals and certain 40880 machines: Executive Office of the President Chemical mixtures containing List 1 ephedrine and/or See Trade Representative, Office of United States pseudoephedrine; exemptions eliminated, 40738– 40745 Federal Aviation Administration RULES Education Department Area navigation routes, 40716–40717 NOTICES Agency information collection activities; proposals, Federal Communications Commission submissions, and approvals, 40843–40844 RULES Radio services, special: Energy Department Private land mobile radio services— See Federal Energy Regulatory Commission 3650-3700 MHz Band, 40767–40772 Radio stations; table of assignments: Environmental Protection Agency Idaho, 40767 RULES PROPOSED RULES Air quality implementation plans; approval and Common carrier services: promulgation; various States; air quality planning Federal-State Joint Board on Universal Service— purposes; designation of areas: Lifeline and Link-Up Program, 40816–40818 Pennsylvania, 40746–40752 Price cap local exchange carriers; interstate special access Pesticide programs: services; regulatory framework, 40814–40816 Plant-incorporated protectants; procedures and Digital television stations; table of assignments: requirements— Washington, 40818 Bacillus thuringiensis Vip3Aa19 protein in cotton; Television broadcasting: tolerance requirement exemption, 40752–40754 Multichannel video and cable television service— Pesticides; emergency exemptions, etc.: Bidirectional navigation devices (two-way-plug-and Diflubenzuron, 40754–40759 play); commercial availability, 40818–40824

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NOTICES Food and Drug Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 40880–40883 Agency information collection activities; proposals, submissions, and approvals, 40885–40886 Federal Emergency Management Agency RULES Food and Nutrition Service Flood insurance; communities eligible for sale: NOTICES Kentucky, 40766–40767 Food distribution programs: PROPOSED RULES Donated foods national average minimum value (July 1, Flood elevation determinations: 2007 to June 30, 2008), 40826–40827 North Carolina, 40788–40806 Various States, 40806–40813 NOTICES Foreign-Trade Zones Board Disaster and emergency areas: NOTICES Kansas, 40888–40889 Applications, hearings, determinations, etc.: New York, 40889 Georgia Oklahoma, 40889 Perkins Shibaura Engines LLC; compact diesel engine Texas, 40889–40890 manufacturing facilities, 40833

Federal Energy Regulatory Commission Forest Service RULES NOTICES Electric utilities (Federal Power Act): Environmental statements; notice of intent: Bulk-power system; mandatory reliability standards Coconino National Forest, AZ, 40827–40829 Rehearing denied, etc., 40717–40737 Custer National Forest, Sweet Grass Park, Stillwater, and PROPOSED RULES Carbon Counties, MT, 40829–40831 Meetings: Hell Canyon Ranger District, Black Hills National Forest, Natural Gas Act and Energy Policy Act; transparency Custer, SD, 40831–40832 provisions; workshop, 40776 Meetings: NOTICES Resource Advisory Committees— Electric rate and corporate regulation combined filings, Sierra County, 40832–40833 40848–40849 Southwest Idaho, 40832 Hydroelectric applications, 40850–40851 Applications, hearings, determinations, etc.: Health and Human Services Department Dominion Transmission, Inc., 40844–40845 See Centers for Disease Control and Prevention EnergyCo Marketing & Trading, LLC, 40845–40846 See Food and Drug Administration Energy West Development, Inc., 40845 See National Institutes of Health Hardy Storage Co., LLC, 40846 NOTICES Missouri Interstate Gas, LLC, 40846–40847 Federal claims; interest rates on overdue debts, 40884 Saltville Gas Storage Co. L.L.C., 40847 Southeast Supply Header, LLC, 40847 Homeland Security Department Sumas Cogeneration Co., L.P., 40847–40848 See Federal Emergency Management Agency Texas Gas Transmission, LLC, 40848 See U.S. Customs and Border Protection Federal Highway Administration Housing and Urban Development Department NOTICES NOTICES Environmental statements; notice of intent: Agency information collection activities; proposals, Buncombe County, NC, 40921–40922 submissions, and approvals, 40890 Graham County, NC, 40922–40923 Privacy Act; systems of records, 40890–40892 Federal Maritime Commission PROPOSED RULES Interior Department Organization, functions, and authority delegations: See Fish and Wildlife Service Filing proof of financial responsibility, 40813–40814 See Land Management Bureau NOTICES Agreements filed, etc., 40883 International Trade Administration Ocean transportation intermediary licenses: NOTICES EZ Logistics Group, Inc., et al., 40883 Antidumping: Laminated woven sacks from— Fish and Wildlife Service China, 40833–40838 PROPOSED RULES Silicon metal from— Endangered and threatened species: China, 40838–40839 Critical habitat designations— Countervailing duties: Sierra Nevada bighorn sheep, 40956–41008 Laminated woven sacks from— NOTICES China, 40839–40841 Environmental statements; availability, etc.: Reports and guidance documents; availability, etc.: Incidental take permits— Antidumping methodologies in proceedings involving Maricopa and Yavapai Counties, AZ; Southwestern non-market economy countries; surrogage country willow flycatcher, etc., 40892–40893 selection and separate rates, 40842–40843

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International Trade Commission Securities and Exchange Commission NOTICES NOTICES Import investigations: Securities: Orange juice from— Suspension of trading— Brazil, 40896–40897 Vision Airships, Inc., 40906 Self-regulatory organizations; proposed rule changes: Justice Department American Stock Exchange LLC, 40907–40910 See Drug Enforcement Administration Chicago Board Options Exchange, Inc., 40910–40911 NOTICES International Securities Exchange LLC, 40911–40915 Pollution control; consent judgments: NASDAQ Stock Market LLC, 40915–40918 Dixie-Narco Inc., et al., 40897 National Association of Securities Dealers, Inc., 40918– Equistar Chemicals; public comment period, 40897 40920 J.H. Berra Construction Company, Inc., et al., 40898 Philadelphia Stock Exchange, Inc., 40920–40921 Labor Department See Mine Safety and Health Administration Special Counsel Office RULES Land Management Bureau Freedom of Information Act; implementation, 40711–40716 NOTICES Meetings: Resource Advisory Councils— Trade Representative, Office of United States Idaho Falls District, 40893–40894 NOTICES Realty actions; sales, leases, etc.: World Trade Organization: Alaska, 40894 China’s compliance with WTO committments; notice of Nevada, 40894–40896 public hearing and request for comments, 40905– 40906 Library of Congress See Copyright Office, Library of Congress Transportation Department Millennium Challenge Corporation See Federal Aviation Administration NOTICES See Federal Highway Administration Millenium Challenge Act: Mozambique compact, 40926–40953 U.S. Customs and Border Protection Mine Safety and Health Administration RULES Administrative review: NOTICES Voluntary reliquidation of deemed liquidation entries; Grants and cooperative agreements; availability, etc.: Brookwood-Sago Mine Safety Training program, 40898– technical correction, 40737–40738 40905 National Institutes of Health Separate Parts In This Issue NOTICES Agency information collection activities; proposals, submissions, and approvals, 40886–40888 Part II Millennium Challenge Corporation, 40926–40953 National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Part III Alaska; fisheries of Exclusive Economic Zone Interior Department, Fish and Wildlife Service, 40956– Northern rockfish, 40773 41008 Pacific Ocean perch, 40772–40773 Pelagic shelf rockfish, 40773–40774 PROPOSED RULES Environmental statements; notice of intent: Reader Aids Channel Islands National Marine Sanctuary, 40775–40776 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Office of United States Trade Representative and notice of recently enacted public laws. See Trade Representative, Office of United States To subscribe to the Federal Register Table of Contents Rural Business-Cooperative Service LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Grants and cooperative agreements; availability, etc.: archives, FEDREGTOC-L, Join or leave the list (or change Biomass research and development; correction, 40833 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.

5 CFR 1820...... 40711 14 CFR 71...... 40716 15 CFR Proposed Rules: 922...... 40775 18 CFR 40...... 40717 Proposed Rules: 260...... 40776 284...... 40776 19 CFR 173...... 40737 21 CFR 1310...... 40738 37 CFR 202...... 40745 40 CFR 52 (2 documents) ...... 40746, 40749 81 (2 documents) ...... 40746, 40749 174...... 40752 180 (3 documents) ...... 40754, 40759, 40763 Proposed Rules: 52...... 40776 81...... 40776 44 CFR 64...... 40776 Proposed Rules: 67 (2 documents) ...... 40788, 40806 46 CFR Proposed Rules: 515...... 40813 47 CFR 73...... 40767 90...... 40767 Proposed Rules: 0...... 40814 1...... 40814 36...... 40818 54...... 40818 61...... 40814 69...... 40814 73...... 40818 76...... 40818 50 CFR 679 (3 documents) ...... 40772, 40773 Proposed Rules: 17...... 40956

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Rules and Regulations Federal Register Vol. 72, No. 142

Wednesday, July 25, 2007

This section of the FEDERAL REGISTER about: publicly available records and Second, the respondent noted that the contains regulatory documents having general information; requirements for making proposed regulation specified that FOIA applicability and legal effect, most of which FOIA requests, including updated requests would be accepted by mail or are keyed to and codified in the Code of contact information; consultations with by fax, but recommended that OSC Federal Regulations, which is published under consider establishing a mechanism to 50 titles pursuant to 44 U.S.C. 1510. and referrals to other agencies; responses to requests, including receive FOIA requests electronically. The Code of Federal Regulations is sold by information about multitrack and The respondent acknowledged that the the Superintendent of Documents. Prices of expedited processing; requirements for FOIA does not require that agencies new books are listed in the first FEDERAL appealing initial decisions on requests, receive requests by any particular REGISTER issue of each week. including updated contact information; means, but stated that other agencies fees, including new and revised cost accept FOIA requests electronically, and information; and business information. cited considerations favoring receipt of OFFICE OF SPECIAL COUNSEL Finally, the regulation will address FOIA requests by such means. This is not a comment on the proposed 5 CFR Part 1820 responses to demands by courts or other authorities to an OSC employee for regulation, but a recommended change Freedom of Information Act; production of official records or in OSC procedures. In any case, OSC Implementation testimony in legal proceedings. has accepted FOIA requests by fax, a form of electronic receipt, for several AGENCY: U.S. Office of Special Counsel. Comments years, a practice formally recognized by ACTION: Final rule. the proposed regulation. Other OSC received comments in response mechanisms for electronic receipt may to the notice from one respondent, a SUMMARY: The U.S. Office of Special be implemented at some point in the non-governmental organization. After Counsel (OSC) is publishing notice of future. If so, notice will be provided to considering those comments, OSC is the final rule revising its regulations the public on OSC’s web site and by publishing this final rule, modified as dealing primarily with the agency’s further revision of the agency’s FOIA described below, pursuant to 5 U.S.C. implementation of the Freedom of regulation. Information Act (FOIA). The regulation, 1212(e). OSC is submitting a report on this as revised, will implement provisions of The respondent’s comments final rule to Congress and the the FOIA, at 5 U.S.C. 552, as amended, addressed two aspects of OSC’s Government Accountability Office update information in the current proposed FOIA regulation. First, the pursuant to the Congressional Review regulation, and contain new and respondent stated that the section Act. expanded information about the 1820.4 (‘‘Timing of responses to Procedural Determinations agency’s processing of FOIA requests requests’’) does not set a time limit and appeals. within which OSC will respond to a Procedural determinations were DATES: This rule is effective on August FOIA request, and recommended that published in the notice of proposed 24, 2007. OSC revise its proposed regulation to rulemaking for the Congressional FOR FURTHER INFORMATION CONTACT: include the statutory timeframe for Review Act, Regulatory Flexibility Act, Christopher Kurt, FOIA Officer, in deciding standard FOIA requests. OSC Unfunded Mandates Reform Act, writing at: U.S. Office of Special conceived of the proposed regulation Paperwork Reduction Act, Executive Counsel, Legal Counsel and Policy primarily as a means by which to Order 12866 (Regulatory Planning and Division, 1730 M Street, NW., (Suite implement provisions of the FOIA Review), Executive Order 13132 218), Washington, DC 20036–4505; by rather than repeat them. For that reason, (Federalism), and Executive Order telephone, at (202) 254–3690; or by section 1820.1 (‘‘General Provisions’’) 12988 (Civil Justice Reform). There have facsimile, at (202) 653–5151. states that the regulation should be read been no changes in these procedural SUPPLEMENTARY INFORMATION: OSC together with the FOIA, and provides determinations. published notice of proposed revisions the address for the FOIA page on OSC’s List of Subjects in 5 CFR Part 1820 to its regulations dealing primarily with web site, for additional information the agency’s implementation of the about access to agency records, Administrative practice and Freedom of Information Act (FOIA), including the statutory timeframe for procedure, Freedom of Information, with a request for comments and a deciding requests. Nevertheless, OSC is Government employees. description of the proposed revisions, in adding the statutory timeframe to the I For the reasons stated in the preamble, the Federal Register on April 12, 2007 regulation for additional clarity, OSC is revising 5 CFR part 1820 as (72 FR 18406). The regulation, as although in a different section. Section follows: revised, will implement provisions of 1820.4 of the regulation describes the PART 1820—FREEDOM OF the FOIA as amended, update order in which OSC processes requests. INFORMATION ACT REQUESTS; information in the current regulation, Section 1820.5 (‘‘Responses to PRODUCTION OF RECORDS OR and contain new and expanded requests’’) appears to be the more TESTIMONY information about the agency’s appropriate section in which to add a processing of FOIA requests and description of the statutory timeframe Sec. appeals. Included in the revised for deciding standard FOIA requests not 1820.1 General provisions. regulation are provisions containing involving unusual circumstances, and 1820.2 Requirements for making FOIA updated, revised, or new information OSC has done so. requests.

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1820.3 Consultations and referrals. OSC case file, the case file number, (i) Failure to obtain requested records 1820.4 Timing of responses to name, and type (for example, prohibited on an expedited basis could reasonably requests. personnel practice, Hatch Act, USERRA be expected to pose an imminent threat 1820.5 Responses to requests. or other complaint; Hatch Act advisory to the life or physical safety of an 1820.6 Appeals. opinion; or whistleblower disclosure) individual; 1820.7 Fees. should be provided, if known. (ii) With respect to a request made by 1820.8 Business information. Whenever possible, requests should a person primarily engaged in 1820.9 Other rights and services. describe any particular record sought, disseminating information, an urgency 1820.10 Production of official records such as the date, title or name, author, exists to inform the public about an or testimony in legal proceedings. recipient, and subject matter. actual or alleged federal government Authority: 5 U.S.C. 552 and 1212(e); (c) Agreement to pay fees. Making a activity; or Executive Order No. 12600, 52 FR 23781, 3 FOIA request shall be considered an (iii) Records requested relate to an CFR, 1987 Comp., p. 235. agreement by the requester to pay all appeal that is pending before, or that the applicable fees chargeable under requester faces an imminent deadline § 1820.1 General provisions. § 1820.7, up to and including the for filing with, the Merit Systems This part contains rules and amount of $25.00, unless the requester Protection Board or other administrative procedures followed by the Office of asks for a waiver of fees. When making tribunal or a court of law, seeking Special Counsel (OSC) in processing a request, a requester may specify a personal relief pursuant to a complaint requests for records under the Freedom willingness to pay a greater or lesser filed by the requester with OSC, or of Information Act (FOIA), as amended, amount. referred to OSC pursuant to title 38 of at 5 U.S.C. 552. These rules and the U.S. Code. procedures should be read together with § 1820.3 Consultations and referrals. (2) A request for expedited processing the FOIA, which provides additional When OSC receives a FOIA request must be made in writing and sent to information about access to agency for a record in the agency’s possession, OSC’s FOIA Officer. Such a request will records. Further information about the it may determine that another Federal not be considered to have been received FOIA and access to OSC records is agency is better able to decide whether until it reaches the FOIA Officer. available on the FOIA page of OSC’s or not the record is exempt from (3) A requester who seeks expedited Web site (http://www.osc.gov/foia.htm). disclosure under the FOIA. If so, OSC processing must submit a statement, Information routinely provided to the will either: certified to be true and correct to the public as part of a regular OSC (a) Respond to the request for the best of that person’s knowledge and activity—for example, forms, press record after consulting with the other belief, explaining in detail the basis for releases issued by the public affairs agency and with any other agency that requesting expedited processing. For officer, records published on the has a substantial interest in the record; example, a requester within the category agency’s Web site (http://www.osc.gov), or described in paragraph (c)(1)(ii) of this or public lists maintained at OSC (b) Refer the responsibility for section, if not a full-time member of the headquarters offices pursuant to 5 responding to the request to the other news media, must establish that he or U.S.C. 1219—may be requested and agency deemed better able to determine she is a person whose main professional provided to the public without whether to disclose it. Consultations activity or occupation is information following this part. This part also and referrals will be handled according dissemination, though it need not be his addresses responses to demands by a to the date that the FOIA request was or her sole occupation. The formality of court or other authority to an employee initially received by the first agency. certification may be waived as a matter for production of official records or of OSC’s administrative discretion. testimony in legal proceedings. § 1820.4 Timing of responses to requests. (4) OSC shall decide whether to grant (a) In general.OSC ordinarily will a request for expedited processing and § 1820.2 Requirements for making FOIA respond to FOIA requests according to notify the requester of its decision requests. their order of receipt. In determining within 10 calendar days of the FOIA (a) How made and addressed. A which records are responsive to a Officer’s receipt of the request. If the request for OSC records under the FOIA request, OSC ordinarily will include request for expedited processing is should be made by writing to the only records in its possession as of the granted, the request for records shall be agency. The request should be sent by date on which it begins its search for processed as soon as practicable. If a regular mail addressed to: FOIA Officer, them. If any other date is used, OSC will request for expedited processing is U.S. Office of Special Counsel, 1730 M inform the requester of that date. denied, any administrative appeal of Street, N.W. (Suite 218), Washington, (b) Multitrack processing. (1) OSC that decision shall be acted on DC 20036–4505. Such requests may also may use two or more processing tracks expeditiously. be faxed to the FOIA Officer at the by distinguishing between simple and (d) Aggregated requests. OSC may number provided on the FOIA page of more complex requests based on the aggregate multiple requests by the same OSC’s web site (see § 1820.1). For the amount of work and/or time needed to requester, or by a group of requesters quickest handling, both the request process the request. acting in concert, if it reasonably letter and envelope or any fax cover (2) When using multitrack processing, believes that such requests actually sheet should be clearly marked ‘‘FOIA OSC may provide requesters in its constitute a single request involving Request.’’ Whether sent by mail or by slower track(s) with an opportunity to unusual circumstances, as defined by fax, a FOIA request will not be limit the scope of their requests in order the FOIA, supporting an extension of considered to have been received by to qualify for faster processing within time to respond, and the requests OSC until it reaches the FOIA Officer. the specified limits of the faster track(s). involve clearly related matters. (b) Description of records sought. (c) Expedited processing. (1) Requests Requesters must describe the records and appeals will be taken out of order § 1820.5 Responses to requests. sought in enough detail for them to be and given expedited treatment (a) General. Ordinarily, OSC shall located with a reasonable amount of whenever OSC has established to its have 20 business days from when a effort. When requesting records about an satisfaction that: request is received to determine

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whether to grant or deny the request. reprocessed in accordance with that this category, a requester must show Once OSC makes a determination to appeal decision. that the request is authorized by and is grant a FOIA request for records, or made under the auspices of a qualifying makes an adverse determination § 1820.7 Fees. institution and that the records are not denying a request in any respect, it will (a) In general. OSC shall charge for sought for a commercial use but are notify the requester in writing. Adverse processing requests under the FOIA in sought to further scholarly research. determinations, or denials of requests, accordance with paragraph (c) of this (5) ‘‘Non-commercial scientific consist of: A determination to withhold section, except where fees are limited institution’’ means an institution that is any requested record in whole or in under paragraph (d) of this section or not operated on a ‘‘commercial’’ basis, part; a determination that a requested where a waiver or reduction of fees is as that term is referenced in paragraph record does not exist or cannot be granted under paragraph (k) of this (b)(1) of this section, and that is located; a determination that a record is section. OSC may collect all applicable operated solely for the purpose of not readily reproducible in the form or fees before sending copies of requested conducting scientific research the format sought by the requester; a records to a requester. Requesters must results of which are not intended to determination that what has been pay fees by check or money order made promote any particular product or requested is not a record subject to the payable to the Treasury of the United industry. To be in this category, a FOIA; a determination on any disputed States. requester must show that the request is fee matter, including a denial of a (b) Definitions. For purposes of this authorized by and is made under the request for a fee waiver; and a denial of section: auspices of a qualifying institution and a request for expedited treatment. (1) ‘‘‘Commercial use’ request’’ means that the records are not sought for a (b) Adverse determinations. A a request from or on behalf of a person commercial use but are sought to further notification to a requester of an adverse who seeks information for a use or scientific research. determination on a request shall purpose that furthers his or her (6) ‘‘Representative of the news include: commercial, trade, or profit interests, media’’ or ‘‘news media requester’’ (1) A brief statement of the reason(s) which can include furthering those means any person actively gathering for the denial of the request, including interests through litigation. OSC shall news for an entity that is organized and any FOIA exemption applied by OSC in determine, whenever reasonably operated to publish or broadcast news to denying the request; and possible, the use to which a requester the public. The term ‘‘news’’ means (2) A statement that the denial may be will put the requested records. When it information that is about current events appealed under section 1820.6(a), with appears that the requester will put the or that would be of current interest to a description of the requirements of that records to a commercial use, either the public. Examples of news media subsection. because of the nature of the request entities include television or radio itself or because OSC has reasonable stations broadcasting to the public at § 1820.6 Appeals. cause to doubt a requester’s stated use, large and publishers of periodicals (but (a) Appeals of adverse OSC shall provide the requester with a only in those instances where they can determinations. A requester may appeal reasonable opportunity to submit qualify as disseminators of ‘‘news’’) who an adverse determination denying a further clarification. make their products available for FOIA request in any respect to the Legal (2) ‘‘Direct costs’’ means those purchase or subscription by the general Counsel and Policy Division, U.S. Office expenses that OSC incurs in searching public. For ‘‘freelance’’ journalists to be of Special Counsel, 1730 M Street, NW., for and duplicating (and, in the case of regarded as working for a news (Suite 218), Washington, DC 20036– commercial use requests, reviewing) organization, they must demonstrate a 4505. The appeal must be in writing, records to respond to a FOIA request. solid basis for expecting publication and sent by regular mail or by fax. The Direct costs include, for example, the through that organization. A publication appeal must be received by the Legal salary of the employee performing the contract would be the clearest proof, but Counsel and Policy Division within 45 work (the basic rate of pay for the OSC may also look to the past days of the date of the letter denying the employee plus 16 percent of that rate to publication record of a requester in request. For the quickest possible cover benefits) and the cost of operating making this determination. To be in this handling, the appeal letter and envelope duplicating equipment. Direct costs do category, a requester must not be or any fax cover sheet should be clearly not include overhead expenses such as seeking the requested records for a marked ‘‘FOIA Appeal.’’ The appeal the costs of space, and heating or commercial use. However, a request for letter may include as much or as little lighting the facility in which the records records supporting the news- related information as the requester are kept. dissemination function of the requester wishes, as long as it clearly identifies (3) ‘‘Duplication’’ means the process shall not be considered to be for a the OSC determination (including the of making of a copy of a record, or of commercial use. assigned FOIA request number, if the information contained in it, (7) ‘‘Review’’ means the process of known) being appealed. An appeal necessary to respond to a FOIA request. examining a record located in response ordinarily will not be acted on if the Copies can take the form of paper, to a request in order to determine request becomes a matter of FOIA microform, audiovisual materials, or whether any portion of the record is litigation. electronic records (for example, on exempt from disclosure. It includes (b) Responses to appeals. The agency digital data storage discs), among others. processing any record for disclosure— decision on an appeal will be made in (4) ‘‘Educational institution’’ means a for example, doing all that is necessary writing. A decision affirming an adverse preschool, a public or private to redact it and otherwise prepare it for determination in whole or in part shall elementary or secondary school, an disclosure. Review time also includes inform the requester of the provisions institution of undergraduate higher time spent obtaining and considering for judicial review of that decision. If education, an institution of graduate any formal objection to disclosure made the adverse determination is reversed or higher education, an institution of by a business submitter under modified on appeal, in whole or in part, professional education, or an institution § 1820.8(f). It does not include time the requester will be notified in a of vocational education, that operates a spent resolving general legal or policy written decision and the request will be program of scholarly research. To be in issues about the application of

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exemptions. Review costs are properly OSC will charge the direct costs, portion of the total fee. In cases in charged in connection with commercial including staff time, of producing the which a requester has been notified that use requests even if a record ultimately copy. For other forms of duplication, actual or estimated fees amount to more is not disclosed. OSC will charge the direct costs of that than $25.00, the request shall not be (8) ‘‘Search’’ means the process of duplication. considered received and further work looking for and retrieving records or (3) Review. Review fees will be will not be done on it until the requester information responsive to a request. It charged to requesters who make a agrees to pay the anticipated total fee. A includes page-by-page or line-by-line commercial use request. Review fees notice under this paragraph will offer identification of information within will be charged for only initial record the requester an opportunity to discuss records when undertaken, and review - in other words, the review done the matter with OSC in order to reasonable efforts to locate and retrieve when OSC analyzes whether an reformulate the request to meet the information from records maintained in exemption applies to a particular record requester’s needs at a lower cost. electronic form or format, to the extent or record portion at the initial request (f) Charges for other services. Apart that such efforts would not significantly level. No charge will be made for review from the other provisions of this section, interfere with the operation of an at the administrative appeal level for an when OSC chooses as a matter of automatic information system. exemption already applied. However, administrative discretion to provide a (c) Fees. In responding to FOIA records or record portions withheld special service-such as sending records requests, OSC shall charge the following under an exemption that is by other than ordinary mail-the direct fees unless a waiver or reduction of fees subsequently determined not to apply costs of providing the service ordinarily has been granted under paragraph (k) of may be reviewed again to determine will be charged. this section: whether any other exemption not (g) Charging interest. OSC may charge (1) Search. (i) Search fees will be previously considered applies; the costs interest on any unpaid fee starting on charged for all requests—other than of that review are chargeable where it is the 31st day after the date of on which requests made by educational made necessary by such a change of the billing was sent to the requester. institutions, noncommercial scientific circumstances. Review fees will be Interest charges will be assessed at the institutions, or representatives of the charged at the same rates as those rate provided in 31 U.S.C. 3717 and will news media—subject to the limitations charged for a search under paragraph accrue from the date of billing until of paragraph (d) of this section. OSC (c)(1)(ii) of this section. payment is received by OSC. OSC will may charge for time spent searching (d) Limitations on charging fees. (1) follow the provisions of the Debt even if it fails to locate responsive No search fee will be charged for Collection Act of 1982 (Public Law 97– records, or records located after a search requests by educational institutions, 365, 96 Stat. 1749), as amended by the are determined to be exempt from noncommercial scientific institutions, Debt Collection Act of 1996 (Public Law disclosure. or representatives of the news media. 104–134, 110 Stat. 1321–358), and its (ii) For each quarter hour spent by (2) No search fee or review fee will be administrative procedures, including clerical personnel in searching for and charged for a quarter-hour period unless the use of consumer reporting agencies, retrieving a requested record, the fee more than half of that period is required collection agencies, and offset. will be $5.50. Where a search and for search or review. (h) Aggregating requests. Where OSC retrieval cannot be performed entirely (3) Except for requesters seeking reasonably believes that a requester or a by clerical personnel - for example, records for a commercial use, OSC will group of requesters acting together is where the identification of records provide without charge: attempting to divide a request into a within the scope of a request requires (i) The first 100 pages of duplication series of requests that otherwise could the use of professional personnel - the (or the cost equivalent); and have been submitted as a single request, fee will be $9.00 for each quarter hour (ii) The first two hours of search (or for the purpose of avoiding fees, OSC of search time spent by professional the cost equivalent). may aggregate those requests and charge personnel. Where the time of managerial (4) Whenever a total fee calculated accordingly. OSC may presume that personnel is required, the fee will be under paragraph (c) of this section is multiple requests of this type made $17.50 for each quarter hour of time $20.00 or less for any request, no fee within a 30–day period have been made spent by those personnel. will be charged. in order to avoid fees. Where requests (iii) For electronic searches of records, (5) The provisions of paragraphs (d)(3) are separated by a longer period, OSC requesters will be charged the direct and (d)(4) of this section work together. will aggregate them only where a costs of conducting the search, This means that for requesters other reasonable basis exists for determining including the costs of operator/ than those seeking records for a that aggregation is warranted under all programmer staff time apportionable to commercial use, no fee will be charged of the circumstances involved. Multiple the search. unless the cost of search in excess of requests involving unrelated matters (iv) For requests requiring the two hours plus the cost of duplication will not be aggregated. retrieval of records from any Federal in excess of 100 pages totals more than (i) Advance payments. (1) For Records Center, additional costs may be $20.00. requests other than those described in charged in accordance with the (e) Notice of anticipated fees in excess paragraphs (i)(2) and (i)(3) of this applicable billing schedule established of $25.00. When OSC determines or section, OSC will not require the by the National Archives and Records estimates that the fees to be charged requester to make an advance payment Administration. under this section will amount to more before work is begun or continued on a (2) Duplication. Duplication fees will than $25.00, OSC shall notify the request. Payment owed for work already be charged to all requesters, subject to requester of the actual or estimated completed (that is, pre-payment after the limitations of paragraph (d) of this amount of the fees, unless the requester processing a request but before copies section. For a standard paper photocopy has indicated a willingness to pay fees are sent to the requester) is not an of a record (no more than one copy of as high as those anticipated. If only a advance payment. which need be supplied), the fee will be portion of the fee can be estimated (2) Where OSC determines or 25 cents per page. For copies produced readily, OSC will advise the requester estimates that a total fee to be charged by computer, such as discs or printouts, that the estimated fee may be only a under this section will be more than

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$250.00, it may require the requester to (ii) The informative value of the (ii) The primary interest in disclosure: make an advance payment of an amount information to be disclosed: Whether Whether any identified commercial up to the amount of the entire the disclosure is ‘‘likely to contribute’’’ interest of the requester is sufficiently anticipated fee before beginning to to an understanding of government large, in comparison with the public process the request, except where it operations or activities. The disclosable interest in disclosure, that disclosure is receives a satisfactory assurance of full portions of the requested records must ‘‘primarily in the commercial interest of payment from a requester who has a be meaningfully informative about the requester.’’ A fee waiver or history of prompt payment. government operations or activities in reduction is justified where the public (3) Where a requester has previously order to be ‘‘likely to contribute’’to an interest standard is satisfied and that failed to pay a properly charged FOIA increased public understanding of those public interest is greater in magnitude fee to any agency within 30 days of the operations or activities. The disclosure than that of any identified commercial date of billing, OSC may require the of information that already is in the interest in disclosure. OSC ordinarily requester to pay the full amount due, public domain, in either a duplicative or shall presume that where a news media plus any applicable interest, and to a substantially identical form, would requester has satisfied the public make an advance payment of the full not be as likely to contribute to such interest standard, the public interest amount of any anticipated fee, before understanding where nothing new will be the interest primarily served by OSC begins to process a new request or would be added to the public’s disclosure to that requester. Disclosure continues to process a pending request understanding. to data brokers or others who merely from that requester. (iii) The contribution to an compile and market government (4) In cases in which OSC requires understanding of the subject by the information for direct economic return advance payment or payment due under public likely to result from disclosure: shall not be presumed to primarily serve paragraph (i)(2) or (3) of this section, the Whether disclosure of the requested the public interest. request shall not be considered received information will contribute to ‘‘public (4) Where only some of the records to and further work will not be done on understanding.’’ The disclosure must be released satisfy the requirements for the request until the required payment contribute to the understanding of a a waiver of fees, a waiver shall be is received. reasonably broad audience of persons granted for those records. (j) Other statutes specifically interested in the subject, as opposed to (5) Requests for the waiver or providing for fees. The fee schedule of the individual understanding of the reduction of fees should address the this section does not apply to fees requester. A requester’s expertise in the factors listed in paragraphs (k)(2) and (3) charged under any statute that subject area and ability and intention to of this section, insofar as they apply to specifically requires an agency to set effectively convey information to the each request. OSC will exercise its and collect fees for particular types of public shall be considered. It shall be discretion to consider the cost- records. Where records responsive to presumed that a representative of the effectiveness of its investment of requests are maintained for distribution news media satisfies this consideration. administrative resources in this decision by agencies operating such statutorily (iv) The significance of the making process, however, in deciding to based fee schedule programs, OSC will contribution to public understanding: grant waivers or reductions of fees. provide contact information for use by Whether the disclosure is likely to requesters in obtaining records from contribute ‘‘significantly’’ to public § 1820.8 Business information. those sources. understanding of government operations (a) In general. Business information (k) Requirements for waiver or or activities. The public’s understanding obtained by OSC from a submitter will reduction of fees. (1) Records responsive of the subject in question, as compared be disclosed under the FOIA only under to a request shall be furnished without to the level of public understanding this section. charge or at a charge reduced below that existing prior to the disclosure, must be (b) Definitions. For purposes of this established under paragraph (c) of this enhanced by the disclosure to a section: section where OSC determines, based significant extent. OSC shall not make (1) ‘‘Business information’’ means on all available information, that the value judgments about whether commercial or financial information requester has demonstrated that: information that would contribute obtained by OSC from a submitter that (i) Disclosure of the requested significantly to public understanding of may be protected from disclosure under information is in the public interest the operations or activities of the exemption 4 of the FOIA. because it is likely to contribute government is ‘‘important’’ enough to be (2) ‘‘Submitter’’ means any person or significantly to public understanding of made public. entity from whom the OSC obtains the operations or activities of the (3) To determine whether the second business information, directly or government, and fee waiver requirement is met, OSC will indirectly. The term includes (ii) Disclosure of the information is consider the following factors: corporations, and state, local, tribal and not primarily in the commercial interest (i) The existence and magnitude of a foreign governments. of the requester. commercial interest: Whether the (c) Designation of business (2) To determine whether the first fee requester has a commercial interest that information. A submitter of business waiver requirement is met, OSC will would be furthered by the requested information will use good-faith efforts to consider the following factors: disclosure. OSC shall consider any designate, by appropriate markings, (i) The subject of the request: Whether commercial interest of the requester either at the time of submission or at a the subject of the requested records (with reference to the definition of reasonable time thereafter, any portion concerns ‘‘the operations or activities of ‘‘commercial use’’ in paragraph (b)(1) of of its submission that it considers to be the government.’’ The subject of the this section), or of any person on whose protected from disclosure under requested records must concern behalf the requester may be acting, that exemption 4. These designations will identifiable operations or activities of would be furthered by the requested expire 10 years after the date of the the federal government, with a disclosure. Requesters shall be given an submission unless the submitter connection that is direct and clear, not opportunity to provide explanatory requests, and provides justification for, remote or attenuated. information about this consideration. a longer designation period.

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(d) Notice to submitters. OSC shall (1) A statement of the reason(s) why Dated: July 17, 2007. provide a submitter with prompt written each of the submitter’s disclosure Scott J. Bloch, notice of a FOIA request or objections was not sustained; Special Counsel. administrative appeal that seeks its (2) A description of the business [FR Doc. E7–14234 Filed 7–24–07; 8:45 am] business information wherever required information to be disclosed; and BILLING CODE 7405–01–S under paragraph (e) of this section, (3) A specified disclosure date, which except as provided in paragraph (h) of shall be a reasonable time subsequent to this section, in order to give the the notice. DEPARTMENT OF TRANSPORTATION submitter an opportunity to object to (h) Exceptions to notice requirements. disclosure of any specified portion of The notice requirements of paragraphs Federal Aviation Administration that information under paragraph (f) of (d) and (g) of this section shall not apply this section. The notice shall either if: 14 CFR Part 71 describe the business information (1) OSC determines that the requested or include copies of the information should not be disclosed; [Docket No. FAA–2007–27270; Airspace requested records or record portions (2) The information lawfully has been Docket No. 07–ANM–1] containing the information. When published or has been officially made notification of a voluminous number of available to the public; RIN 2120–AA66 submitters is required, notification may (3) Disclosure of the information is Establishment of Area Navigation be made by posting or publishing the required by statute (other than the Routes (RNAV), Western United States notice in a place reasonably likely to FOIA) or by a regulation issued in accomplish it. accordance with the requirements of AGENCY: Federal Aviation (e) When notice is required. Notice Executive Order 12600; or Administration (FAA), DOT. shall be given to a submitter wherever: (4) The designation made by the ACTION: Final rule. (1) The information has been submitter under paragraph (c) of this designated in good faith by the section appears obviously frivolous - SUMMARY: This action establishes a high submitter as information considered except that, in such a case, OSC shall, altitude RNAV route in the Seattle, WA protected from disclosure under within a reasonable time prior to a area to facilitate air traffic operations by exemption 4; or specified disclosure date, give the providing a direct route to the Phoenix, (2) OSC has reason to believe that the submitter written notice of any final AZ, area. The FAA is implementing this information may be protected from decision to disclose the information. route to enhance safety and to provide disclosure under exemption 4. (i) Notice of FOIA lawsuit. Whenever a more efficient use of navigable airspace. (f) Opportunity to object to disclosure. a requester files a lawsuit seeking to compel the disclosure of business OSC will allow a submitter a reasonable DATES: Effective Date: 0901 UTC, time to respond to the notice described information, OSC shall promptly notify October 25, 2007. The Director of the in paragraph (d) of this section and will the submitter. Federal Register approves this specify that time period within the (j) Corresponding notice to requesters. incorporation by reference action under notice. If a submitter has any objection Whenever OSC provides a submitter 1 CFR part 51, subject to the annual to disclosure, it is required to submit a with notice and an opportunity to object revision of FAA Order 7400.9 and detailed written statement. The to disclosure under paragraph (d) of this publication of conforming amendments. section, OSC shall also notify the statement must specify all grounds for FOR FURTHER INFORMATION CONTACT: Ken requester(s). Whenever OSC notifies a withholding any portion of the McElroy, Airspace and Rules Group, submitter of its intent to disclose information under any exemption of the Office of System Operations Airspace requested information under paragraph FOIA and, in the case of exemption 4, and AIM, Federal Aviation (g) of this section, OSC shall also notify it must show why the information is a Administration, 800 Independence the requester(s). Whenever a submitter trade secret or commercial or financial Avenue, SW., Washington, DC 20591; files a lawsuit seeking to prevent the information that is privileged or telephone: (202) 267–8783. disclosure of business information, OSC confidential. If a submitter fails to SUPPLEMENTARY INFORMATION: respond to the notice within the time shall notify the requester(s). specified in it, the submitter will be § 1820.9 Other rights and services. History considered to have no objection to Nothing in this part shall be On May 7, 2007, the FAA published disclosure of the information. construed to entitle any person, as of in the Federal Register a notice of Information provided by the submitter right, to any service or to the disclosure proposed rulemaking to establish a that is not received by OSC until after of any record to which such person is direct route from the Seattle Area to the its disclosure decision has been made not entitled under the FOIA. Phoenix, AZ, area (72 FR 25712). shall not be considered by OSC. Interested parties were invited to Information provided by a submitter § 1820.10 Production of official records or participate in this rulemaking effort by under this paragraph may itself be testimony in legal proceedings. submitting written comments on this subject to disclosure under the FOIA. No employee or former employee of proposal to the FAA. No comments (g) Notice of intent to disclose. OSC the Office of Special Counsel shall, in were received. shall consider a submitter’s objections response to a demand of a court or other High altitude area navigation routes and specific grounds for nondisclosure authority, produce or disclose any are published in paragraph 2006 of FAA in deciding whether to disclose business information or records acquired as part Order 7400.9P dated September 1, 2006 information. Whenever OSC decides to of the performance of his official duties and effective September 15, 2006, which disclose business information over the or because of his official status without is incorporated by reference in 14 CFR objection of a submitter, OSC shall give the prior approval of the Special 71.1. The area navigation routes listed the submitter written notice, which Counsel or the Special Counsel’s duly in this document will be published shall include: authorized designee. subsequently in the Order.

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The Rule evaluation as the anticipated impact is The Proposed Amendment so minimal. Since this is a routine This action amends Title 14 Code of matter that will only affect air traffic I In consideration of the foregoing, the Federal Regulations (14 CFR) part 71 to procedures and air navigation, it is Federal Aviation Administration establish an RNAV route within the certified that this rule, when amends 14 CFR part 71 as follows: airspace assigned to the Seattle, Los promulgated, will not have a significant Angeles, Albuquerque, Salt Lake City economic impact on a substantial PART 71—DESIGNATION OF CLASS A, and Denver Air Route Traffic Control number of small entities under the B, C, D, AND E AIRSPACE AREAS; AIR Center (ARTCC). This route provides a criteria of the Regulatory Flexibility Act. TRAFFIC SERVICE ROUTES; AND direct route from the Seattle, WA area REPORTING POINTS to Phoenix, AZ, and facilitates a more Environmental Review flexible and efficient use of navigable The FAA has determined that this I 1. The authority citation for part 71 airspace for en route instrument flight action qualifies for categorical exclusion continues to read as follows: rules operations. under the National Environmental Authority: 49 U.S.C. 106(g), 40103, 40113, The FAA has determined that this Policy Act in accordance with FAA 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– regulation only involves an established Order 1050.1E, ‘‘Environmental 1963 Comp., p. 389. body of technical regulations for which Impacts: Policies and Procedures’’, § 71.1 [Amended] frequent and routine amendments are paragraph 311a. This airspace action is necessary to keep them operationally not expected to cause any potentially I 2. The incorporation by reference in current. Therefore, this regulation: (1) Is significant environmental impacts, and 14 CFR 71.1 of FAA Order 7400.9P, not a ‘‘significant regulatory action’’ no extraordinary circumstances exist Airspace Designations and Reporting under Executive Order 12866; (2) is not that warrant preparation of an Points, dated September 1, 2006, and a ‘‘significant rule’’ under Department of environmental assessment. effective September 15, 2006, is Transportation (DOT) Regulatory amended as follows: Policies and Procedures (44 FR 11034; List of Subjects in 14 CFR Part 71 February 26, 1979); and (3) does not Airspace, Incorporation by reference, Paragraph 2006 Area Navigation Routes. warrant preparation of a regulatory Navigation (air). * * * * *

Q–35 IMB to DRK [new] IMB ...... VORTAC ...... (Lat. 44°38′54″ N., long. 119°42′42″ W.) NEERO ...... WP ...... (Lat. 41°49′03″ N., long. 118°01′29″ W.) WINEN ...... WP ...... (Lat. 37°56′00″ N., long. 113°30′00″ W.) CORKR ...... Fix ...... (Lat. 36°05′02″ N., long. 112°24′01″ W.) DRK ...... VORTAC ...... (Lat. 34°42′09″ N., long. 112°28′49″ W.) * * * * * 83 of 107 proposed Reliability be maintained on the ERO’s Internet Issued in Washington, DC, on July 18, Standards, six of the eight proposed website for public inspection. 2007. regional differences, and the Glossary of DATES: Effective Date: The final rule Terms Used in Reliability Standards Edith V. Parish, became effective on June 18, 2007. Manager, Airspace and Rules Group. developed by the North American [FR Doc. E7–14326 Filed 7–24–07; 8:45 am] Electric Reliability Corporation, which FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–13–P the Commission has certified as the Jonathan First (Legal Information), Electric Reliability Organization (ERO) Office of the General Counsel, Federal responsible for developing and Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY enforcing mandatory Reliability First Street, NE., Washington, DC Standards. Order No. 693 also required 20426, (202) 502–8529. Federal Energy Regulatory the ERO to submit significant Commission improvements to 56 of the 83 Reliability Christy Walsh (Legal Information), Standards that are being approved as Office of the General Counsel, Federal 18 CFR Part 40 mandatory and enforceable. Finally, Energy Regulatory Commission, 888 Order No. 693 provided that the First Street, NE., Washington, DC [Docket No. RM06–16–001; Order No. 693– 20426, (202) 502–6523. A] remaining 24 Reliability Standards will remain pending at the Commission until Robert Snow (Technical Information), Mandatory Reliability Standards for the further information is provided. Order Office of Energy Markets and Bulk-Power System No. 693 adds a new part to the Reliability, Division of Reliability, Commission’s regulations, which states Federal Energy Regulatory Issued July 19, 2007. that this part applies to all users, owners Commission, 888 First Street, NE., AGENCY: Federal Energy Regulatory and operators of the Bulk-Power System Washington, DC 20426, (202) 502– Commission, DOE. within the United States (other than 6716. ACTION: Final rule; order on rehearing. Alaska or Hawaii) and requires that each SUPPLEMENTARY INFORMATION: SUMMARY: The Commission denies Reliability Standard identify the subset of users, owners and operators to which Before Commissioners: Joseph T. Kelliher, rehearing and otherwise reaffirms its Chairman; Suedeen G. Kelly, Marc determinations in Order No. 693. 72 FR that particular Reliability Standard applies. The new regulations also Spitzer, Philip D. Moeller, and Jon 16,416 (April 4, 2007). We further Wellinghoff. clarify certain portions of the Preamble require that each Reliability Standard to that order. Order No. 693 approved that is approved by the Commission will Order on Rehearing

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Paragraph

I. Introduction ...... 1 A. Summary of Order No. 693 ...... 3 B. Procedural Matters ...... 4 II. Discussion ...... 7 A. Applicability Issues ...... 7 1. Bulk-Power System v. Bulk Electric System ...... 7 2. NERC Registry ...... 20 3. Use of the NERC Functional Model ...... 48 B. Mandatory Reliability Standards ...... 57 1. Prioritizing Modifications to Reliability Standards ...... 57 2. Trial Period ...... 61 C. Common Issues Pertaining to Reliability Standards ...... 65 1. Blackout Report Recommendation on Liability Limitations ...... 65 2. Fill-in-the-Blank Standards ...... 70 D. Discussion of Individual Reliability Standards ...... 82 1. EOP–001–0 ...... 82 2. EOP–002–2 ...... 86 3. EOP–008–0 ...... 90 4. FAC–003–1 ...... 95 5. IRO–001–1 ...... 100 6. IRO–005–1 and IRO–005–2 ...... 120 7. MOD–013–1 ...... 123 8. PRC–007–0, PRC–008–0, and PRC–009–0 ...... 132 9. TOP–008–1 ...... 153 III. Information Collection Statement ...... 156 IV. Document Availability ...... 157

I. Introduction the remaining 24 Reliability Standards applicability to and the responsibility of 1. On March 16, 2007, the will remain pending at the Commission specific entities to comply with the Commission issued a Final Rule (Order until further information is provided. Reliability Standards in the start-up No. 693) 1 approving, pursuant to 2. Order No. 693 added a new part to phase of a mandatory Reliability 4 section 215 of the Federal Power Act the Commission’s regulations, which Standard regime. Further, while the (FPA),2 83 of 107 proposed Reliability states that this part applies to all users, Commission did not institute a formal Standards, six of the eight proposed owners and operators of the Bulk-Power ‘‘trial period,’’ it directed the ERO and regional differences, and the Glossary of System within the United States (other Regional Entities to ‘‘focus their Terms Used in Reliability Standards than Alaska or Hawaii) and requires that resources’’ on the ‘‘most serious (glossary) developed by the North each Reliability Standard identify the violations’’ during an initial period 5 American Electric Reliability subset of users, owners and operators to through December 31, 2007. Corporation (NERC), which the which that particular Reliability B. Procedural Matters Commission has certified as the Electric Standard applies. The new regulations 4. The following entities have filed Reliability Organization (ERO) also require that each Reliability timely requests for rehearing or for responsible for developing and Standard that is approved by the clarification of Order No. 693: American enforcing mandatory Reliability Commission will be maintained on the Public Power Association (APPA); Standards. However, the Commission ERO’s Internet Web site for public Avista Corporation, Portland General stated that, although it believed it is in inspection. Electric Company, and Puget Sound the public interest to make these A. Summary of Order No. 693 Energy, Inc. (collectively, Avista); City Reliability Standards mandatory and of Santa Clara, California (Santa Clara); enforceable, it also found that much 3. In Order No. 693, the Commission Cogeneration Association of California work remains to be done. Specifically, stated that there were four possible and the Energy Producers and Users it stated that many of these Reliability courses of action that it would take with Coalition (California Cogeneration); ISO- Standards require significant regard to each proposed Reliability New England, Inc. (ISO-New England); improvement to address, among other Standard: (1) Approve; (2) approve as Midwest Independent Transmission things, the recommendations of the mandatory and enforceable; and direct System Operator, Inc. (Midwest ISO); Blackout Report.3 Therefore, pursuant to modification pursuant to section National Association of Regulatory section 215(d)(5), we required the ERO 215(d)(5); (3) request additional Utility Commissioners (NARUC); to submit significant improvements to information; or (4) remand. As National Rural Electric Cooperative 56 of the 83 Reliability Standards that mentioned above, the Commission Association (NRECA); Pacific Northwest are being approved as mandatory and approved 83 Reliability Standards and Security Coordinator (PNSC); enforceable. The Commission stated that directed NERC to develop modifications Transmission Agency of Northern to 56 of the approved Reliability California (TANC); and Xcel Energy 1 Mandatory Reliability Standards for the Bulk- Standards. In approving the Reliability Power System, Order No. 693, 72 FR 16,416 (Apr. Services, Inc. (Xcel). 4, 2007), FERC Stats. & Regs. ¶ 31,242 (2007). Standards, Order No. 693 stated that, for 5. PNSC’s rehearing request is 2 16 U.S.C. 824o (2000). an initial period, the Commission would deficient because it fails to include a 3 U.S.-Canada Power System Outage Task Force, rely on the NERC definition of bulk Statement of Issues section separate Final Report on the August 14 Blackout in the electric system, rather than the statutory from its arguments, as required by Rule United States and Canada: Causes and Bulk-Power System, and NERC’s Recommendations (April 2004) (Blackout Report). The Blackout Report is available on the Internet at registration process to provide as much 4 Order No. 693 at P 75. http://www.ferc.gov/cust-protect/moi/blackout.asp. certainty as possible regarding the 5 Id. at P 221–22.

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713 of the Commission’s Rules of defined by its regions in terms of a applicability would be addressed in Practice and Procedure.6 Rule 713(c)(2) voltage threshold and configuration, as future Commission proceedings. requires that a rehearing request must follows: a. Requests for Rehearing include a separate section entitled As defined by the Regional Reliability 11. NRECA asks that the Commission ‘‘Statement of Issues’’ listing each issue Organization, the electrical generation clarify that it has not definitively presented to the Commission in a resources, transmission lines, decided that the term Bulk-Power separately enumerated paragraph that interconnections with neighboring systems, System as defined in section 215 of the includes representative Commission and associated equipment, generally operated and court precedent on which the at voltages of 100 kV or higher. Radial FPA encompasses more than NERC’s 7 participant is relying. Under Rule 713, transmission facilities serving only load with definition of bulk electric system. any issue not so listed will be deemed one transmission source are generally not Rather, NRECA understands that the waived. Accordingly, we will dismiss included in this definition. Commission deferred on determining PNSC’s rehearing request.8 whether its jurisdiction expands beyond 6. In any event, PNSC’s arguments on 9. In Order No. 693, the Commission the bounds of the bulk electric system. rehearing are beyond the scope of this stated that, for an initial period, it NRECA is concerned that Order No. 693 proceeding. PNSC asks the Commission would rely on the NERC definition of may suggest that the Bulk-Power System to clarify that PNSC is in compliance bulk electric system and NERC’s is broader than the bulk electric system with IRO–001 because it has written registration process to provide as much out of a misapprehension that NERC’s agreements delineating the certainty as possible regarding the definition imposes a rigorous 100 kV responsibilities and authority of the applicability to and the responsibility of ‘‘cutoff’’ when, according to NRECA, it operating personnel who staff its specific entities to comply with the actually provides for more flexibility. reliability center. Whether any one Reliability Standards in the start-up Alternatively, if the Commission has entity is in compliance with a phase of a mandatory Reliability definitively interpreted the term Bulk- Reliability Standard is not an issue in Standard regime.9 However, the Power System to encompass more than the rulemaking. Commission stated that it was the bulk electric system, NRECA seeks concerned about the need to address the rehearing. II. Discussion potential for gaps in coverage of 12. In support of its request for A. Applicability Issues facilities. The Commission intends to rehearing, NRECA raises three address this matter in future arguments that the Commission erred in 1. Bulk-Power System v. Bulk Electric proceedings. As a first step in enabling determining that the statutory definition System the Commission to understand the reach of Bulk-Power System is broader than 7. Section 215 of the FPA defines the of the Reliability Standards, we directed NERC’s definition of bulk electric term ‘‘Bulk-Power System’’ as follows: the ERO to provide the Commission system. First, it contends that such a (A) facilities and control systems necessary with an informational filing that determination violates a rule of law that for operating an interconnected electric includes a complete set of regional the parts of a statute should be energy transmission network (or any portion definitions of bulk electric system and construed in accordance with the thereof) and (B) electric energy from any regional documents that identify statute’s overall legislative purpose.11 generating facilities needed to maintain critical facilities to which the Reliability NRECA explains that section 215 was transmission system reliability. The term Standards apply (i.e., facilities below a intended to replace the prior voluntary does not include facilities used in the local 100 kV threshold that have been reliability standards with a mandatory distribution of electric energy. identified by the regions as critical to scheme but, to the best of NRECA’s 8. The NERC glossary, in contrast, system reliability). knowledge, no participant in the states that Reliability Standards apply to 10. However, the Commission drafting of the legislation expressed the the ‘‘bulk electric system,’’ which is disagreed with commenters who view that Congress intended to expand NERC’s scope.12 NRECA states that, if 6 18 CFR 385.713(c)(2) (2006). See Revision of suggested that there is no intentional distinction between Bulk-Power System the issue had been presented, it would Rules of Practice and Procedure Regarding Issue have prompted a legislative record. The Identification, Order No. 663, 70 FR 55,723 and bulk electric system. This (September 23, 2005), FERC Stats. and Regs. distinction was evidenced by the fact absence of such record confirms that an ¶ 31,193 (2005). See also, Order 663–A, effective intent to expand NERC’s scope was March 23, 2006, which amends Order No. 663 to that ‘‘Congress did not borrow the term of art—bulk electric system—but instead never expressed. limit its applicability to rehearing requests. 13. Second, NRECA contends that an Revision of Rules of Practice and Procedure chose to create a new term, Bulk-Power Regarding Issue Identification, Order No. 663–A, 71 System, with a definition that is distinct expansive definition of Bulk-Power FR 14,640 (March 23, 2006), FERC Stats. and Regs. from the term of art used by System is contrary to the text of section ¶ 31,211 (2006) (codified at 18 CFR 385.713(c)(2) 215, which narrows the Commission’s industry.’’ 10 Thus, the Commission (2006)). reach. Specifically, NRECA contends 7 ‘‘confirmed’’ that the Bulk-Power As explained in Order No. 663, supra, the that the statutory definition of Bulk- purpose of this requirement is to benefit all System reaches farther than those Power System makes clear that the term participants in a proceeding by ensuring that the facilities that are included in NERC’s filer, the Commission, and all other participants does not encompass all transmission definition of the bulk electric system, understand the issues raised by the filer, and to facilities but, rather, only those facilities although choosing to rely on the NERC enable the Commission to respond to these issues. and control systems ‘‘necessary for Having a clearly articulated Statement of Issues definition for determining the operating an interconnected electric ensures that issues are properly raised before the immediate applicability of the approved Commission and avoids the waste of time and energy transmission network.’’ It also Reliability Standards. The Commission resources involved in litigating appeals regarding points to the statutory definitions of indicated that it remained concerned whether the courts of appeals lack jurisdiction Reliability Standard and Reliable because the issues on appeal were not clearly about potential gaps in coverage of identified before the Commission. See Order No. facilities and that any change in 663 at P 3–4. 11 NRECA at 7–11, citing United States v. Public 8 See, e.g., Duke Power Co., LLC, 116 FERC Utilities Commission of California, 345 U.S. 295, ¶ 61,171 (2006); and South Carolina Electric & Gas 9 Order No. 693 at P 75. 315 (1953). Co., 116 FERC ¶ 61,218 (2006). 10 Id. at P 76. 12 NRECA at 7–8.

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Operation that refer to protecting the revision, NERC should revise the NERC’s definition of bulk electric system from instability, uncontrolled definition using its American National system, with the appropriate regional separation or cascading failures. NRECA Standards Institute (ANSI)-accredited differences, and NERC’s registration infers from this that there is no reason process. Further, NARUC expresses process until the Commission to conclude that Congress included in concern that the Commission has determines in future proceedings the the definition of Bulk-Power System any directed the ERO to submit a complete extent of the Bulk-Power System. The facilities other than those that could set of regional definitions of bulk requirement that the ERO file a materially contribute to instability, electric system and, thus, asks the complete set of regional differences was uncontrolled separation or cascading Commission to clarify that it will to enable the Commission to understand outages. continue to defer to the ERO’s and the current reach of the Reliability 14. Third, NRECA posits that, if Regional Entities’ determinations Standards. However, we do not agree Congress borrows a term of art that has concerning which facilities and entities with NARUC that NERC should be an established meaning, the established materially affect the reliability of the allowed to define Bulk-Power System meaning is to apply.13 NRECA claims interconnected transmission network using its American National Standards that the terms Bulk-Power System and and should be included in the Institute (ANSI)-accredited process. The bulk electric system have been used compliance registry. statutory term Bulk-Power System interchangeably for decades and cites defines the jurisdiction of the b. Commission Determination examples from both industry documents Commission. Although the Commission and Commission orders. According to 17. The Commission will grant has chosen to defer, for the time being, NRECA, Congress did not adopt NERC’s NRECA’s request for clarification, and to the ERO as to which entities must exact definition of bulk electric system thus dismisses its request for rehearing. comply with Reliability Standards, the because it was insufficiently specific for We agree with NRECA that NERC’s fundamental matter of determining the legislation. NRECA asserts that definition of bulk electric system does extent of Commission’s jurisdiction ‘‘Congress used more and different not impose a 100 kV cutoff and provides cannot and will not be delegated to the words than NERC in order to provide some flexibility in its application.16 ERO. clarity, but the definition of Bulk-Power Although Order No. 693 stated that the 2. NERC Registry System incorporated the exact same Commission believes that the Bulk- facilities as NERC and the regions had Power System reaches farther than those 20. Order No. 693 accepted the ERO’s always included in their working facilities that are included in NERC’s compliance registry process as an definition of bulk electric system definition of the bulk electric system, appropriate approach to identify the set ***’’ 14 the Commission has not definitively of entities that are responsible for 15. NARUC seeks clarification that the defined the extent of the facilities compliance with a particular Reliability 17 Commission will ‘‘continue relying on covered by the Bulk-Power System. As Standard. Further, Order No. 693 NERC’s definition of Bulk-Power we stated in Order No. 693, the explained that NERC has developed a System’’ and NERC’s registration Commission intends to address Statement of Compliance Registry process beyond the initial period during concerns regarding the scope of the term Criteria that describes how NERC will which mandatory Reliability Standards Bulk-Power System in future identify organizations that may be are in effect.15 It states that section 215 proceedings. NRECA and others will not candidates for registration and assign of the FPA was enacted based on an be legally precluded from presenting them to the compliance registry. NERC’s industry consensus that it would apply arguments in such a proceeding that the compliance registry process identifies to facilities and entities covered by the terms Bulk-Power System and bulk and registers entities based on categories historical definition of Bulk-Power electric system encompass the same of functions within the Bulk-Power System. According to NARUC, the term facilities. System and related Commission- applies to higher-voltage, network 18. The Commission notes NRECA’s approved Reliability Standards. For facilities that integrate regional assertion that the Commission’s example, NERC plans to register transmission networks to ensure the determination that the Bulk-Power individual generator units of 20 MVA or reliability of interconnected system System reaches farther than the bulk greater that are directly connected to the operations. NARUC states that NERC’s electric system is contrary to the text of bulk electric system, generating plants definition of Bulk-Power System is section 215 of the FPA. Because the with an aggregate rating of 75 MVA or consistent with section 215 and that a Commission has not definitively greater, any blackstart unit material to a broader interpretation is inconsistent defined the extent of the facilities restoration plan, or any generator with Congressional intent because such covered by the Bulk-Power System, the ‘‘regardless of size, that is material to a definition could sweep in facilities Commission believes that this the reliability of the Bulk-Power such as load centers and local determination is best made in the System.’’ The Commission accepted the transmission facilities that do not have context of a Commission proceeding Statement of Compliance Registry a material impact on system reliability. determining the extent of the Bulk- Criteria, stating that ‘‘[w]e believe that 16. NARUC also seeks clarification Power System. We make no finding on NERC has set reasonable criteria for 18 that, if the Commission determines that the matter at this time. The Commission registration* * *’’. NERC’s current definition requires defers judgment on this matter to a later 21. Further, Order No. 693 noted that proceeding so that the Commission can the Commission’s regulations then exempted most qualifying facilities 13 Id. at 11–16, citing Morissette v. United States, develop a record on which to base its 342 U.S. 246, 263 (1952). final determination. (QFs) from specific provisions of the 14 19 NRECA at 16. 19. In response to NARUC, the FPA including section 215. The 15 NARUC at 3. NARUC refers repeatedly to Commission will continue to rely on Commission, however, expressed ‘‘NERC’s definition of Bulk-Power System.’’ It is not concerned whether it is appropriate to clear from NARUC’s pleading whether this is simply a typographical error or it seeks to make a 16 See Mandatory Reliability Standards for the point that NERC’s definition of bulk electric system Bulk Power System, Notice of Proposed 17 Order No. 693 at P 92–101. is equivalent to the statutory term Bulk-Power Rulemaking, 71 FR 64,770 (Nov. 3, 2006), FERC 18 Id. at P 95. System. Stats. & Regs., ¶ 32,608 at P 63 (2006). 19 18 CFR 292.601(c) (2006).

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grant QFs a complete exemption from appears possible, even likely, that the unless an entity has a material impact compliance with Reliability Standards Commission was not specifying that on grid reliability. According to NRECA, that apply to other generator owners and additional entities register, but was this concept is central to NERC’s operators, and noted that the merely specifying that the ERO should compliance registry, and the Commission was concurrently issuing a consider whether entities otherwise Commission has not articulated a sound notice of proposed rulemaking required to register (because they meet basis for departing from it, proposing to amend the Commission’s or exceed specified thresholds, or notwithstanding the Commission’s lack regulation that exempts most QFs from because they had been to shown to have of authority to do so. section 215 of the FPA. The a material impact on grid reliability) 27. With respect to COM–001–1 or Commission has since issued a final should also be subject to these some replacement standard addressing rule eliminating the exemption of QFs particular Reliability Standards.23 If that black start capability, and COM–002–2, from the requirements of section 215 of is the Commission’s intended meaning, for example, NRECA asserts that some the FPA.20 NRECA requests that the Commission entities are functionally irrelevant for specify the requested clarification and black start activities. It argues that c. Requests for Rehearing resolve the matter (subject to subsequent having to coordinate black start 22. California Cogeneration argues consideration by the ERO). However, if operations with a large number of small that the Commission improperly relied the Commission intends to impose a entities, most, if not all, of which are on the ERO’s compliance registry broader obligation, i.e., to encompass served through interconnections with process. It contends that the additional entities in the Reliability larger and bigger entities in the Commission, rather than determining Standards, then NRECA seeks rehearing. hierarchy of the Functional Model, who the ‘‘users’’ of the Bulk-Power 25. Further, NRECA argues that the would hinder, rather than facilitate, System are, has improperly delegated Commission should not, as it recognized black start operations. NRECA this task to the ERO and Regional in Order No. 672–A, prescribe either the maintains that the Commission should Entities. California Cogeneration notes text or the substance of a Reliability defer to the ERO’s technical expertise. that the NERC registry criteria were Standard, including which entities are 28. NRECA raises similar concerns submitted for information purposes subject to the Reliability Standards, with respect to TOP–003–1. According only. Further, it contends that these because that responsibility is reserved to to NRECA, read literally, the criteria are being applied inconsistently the ERO, subject to the Commission’s Commission appears to recommend among the Regional Entities, noting in review. NRECA maintains that the delegating the determination of whether particular that Western Electricity Commission lacks the authority to entities that fall below the threshold of Coordinating Council (WECC) has dictate what a Reliability Standard NERC’s definition of bulk electric developed supplemental criteria that requires or who it encompasses, as the system should be subject to the standard may result in the registration of entities Commission has recognized previously to ‘‘the opinion of the transmission not captured by the ERO criteria.21 It in Order No. 672–A. NRECA notes that operator, balancing authority, or also points to discrepancies in ERCOT’s Order No. 693 states that the reliability coordinator.’’ If so, NRECA registration process. Commission ‘‘agrees that a direction for asserts that this approach would appear 23. California Cogeneration also modification should not be so overly to override both the compliance registry argues that Reliability Standards that are prescriptive as to preclude the and the ERO, and the Commission not clear in how they are applied or are consideration of viable alternatives in would effectively delegate authority that applied inconsistently are not just and the ERO’s Reliability Standards it does not have to entities that could reasonable. It contends that the development process * * *. Thus, in well face incentives to favor their own examples of regional variation in the some instances, while we provide interests over those of load-serving registration process demonstrate a lack specific details regarding the entities that could be made subject to of required clarity and consistency. Commission’s expectations, we intend the Reliability Standards. The 24. NRECA asks the Commission to by doing so to provide useful guidance Commission cannot delegate authority it clarify that, in expanding the to assist in the Reliability Standards does not have in the first place, and the applicability of certain Reliability development process, not to impede determination should be that of the ERO Standards,22 it has not departed from it.’’ 24 and the Regional Entity. While NRECA the compliance registry concept or 26. Beyond that, NRECA asserts that agrees that the ERO and the Regional sought to dictate actions by the ERO. the Reliability Standards should not Entities may and should take the views Alternatively, the Commission should apply at all to entities whose scope of of the transmission operators, balancing grant rehearing. According to NRECA, it activities is too limited to have a authorities, and reliability coordinators material impact on grid reliability. In into account, it argues that this is 20 Applicability of Federal Power Act Section 215 other words, the specific Reliability considerably different than simply to Qualifying Small Power Production and Standards should not apply to a abdicating the matter to them. Cogeneration Facilities, Order No. 696, FERC distribution provider or a load-serving 29. NRECA has similar concerns with Statutes and Regulations ¶ 31,248 (2007). entity just because it is a distribution the treatment of VAR–001–1 with 21 California Cogeneration at 5, Referencing respect to the Commission’s ‘‘direct[ing] WECC Supplemental Registration Criteria and provider or a load-serving entity; Dispute Resolution Process, available at http:// instead, the Reliability Standards at the ERO to address the reactive power www.wecc.biz. issue, as well as the Reliability requirements of load-serving entities on 22 NRECA at 20–23. Specifically, NRECA cites the Standards generally, should not apply a comparable basis with purchasing- Commission’s requirement that (1) COM–001–1, or selling entities.’’ While NRECA agrees some replacement Reliability Standard addressing black start capability, and COM–002–2 apply to all 23 NRECA at 20, citing see, e.g., Order No. 693 at that this may be an appropriate matter distribution providers, (2) TOP–003–0 apply to all P 512 (‘‘APPA’s concern that 2,000 public power for the ERO to consider, it argues that load-serving entities, even those below specified systems would have to be added to the compliance the Commission should not be dictating thresholds, based on the opinion of the registry is misplaced, since, as we explain in our a particular action, nor should the transmission operator, balancing authority, or Applicability discussed above, we are approving reliability coordinator, and (3) VAR–001–1 apply to NERC’s registry process, including the registry Commission be overriding the all load-serving entities. See Order No. 693 at P 487, criteria’’). compliance registry approach that it 492, 512, 540, 1624, 1626, 1848, 1858 and 1990. 24 Order No. 693 at P 185–86. elsewhere endorses in its Final Rule.

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30. Accordingly, NRECA requests the the NERC Functional Model. Therefore, seem to require information regarding Commission to clarify that it has not TANC asks the Commission to clarify gross generation or load behind the overridden the compliance registry with that only those entities that meet the customer’s point of interconnection, respect to COM–001–1, COM–002–2, description of transmission owner contrary to an earlier Commission and TOP–003–0, nor dictated specific provided in NERC’s compliance registry order.26 While the Commission directed changes to those Reliability Standards. and the NERC Functional Model the ERO to consider these concerns Alternatively, NRECA seeks rehearing. descriptions are required to register as during its three-year Work Plan to Absent the requested clarification, responsible entities for the review each Reliability Standard, NRECA asserts that the Commission has Requirements applicable to California Cogeneration contends this sought to prescribe the substance of a transmission owners. approach does not suffice because Reliability Standard in excess of its 34. TANC asks that the Commission cogenerators must comply with the statutory authority under section 215, specify that, where an existing contract Reliability Standards in the interim. contrary to its own recognition of the between two parties provides that one is d. Commission Determination limitations on its authority in Order No. the transmission owner, but the other 672–A, and contrary to Order No. 693 has agreed to perform the TOP 37. The Commission denies California itself. NRECA maintains that the functions, the latter entity be listed in Cogeneration’s request for rehearing proposed changes could undermine the compliance registry as the concerning the definition of users of the rather than enhance reliability for the responsible entity for the TOP Bulk-Power System. The Commission reasons stated, and thus involve matters Reliability Standards. Further, TANC has not improperly delegated this where the Commission should and is maintains that the transmission owner definition to the ERO and Regional required to defer to the ERO’s technical should not be the default entity Entities. While NERC proposed the expertise. ultimately responsible for compliance registry criteria, the Commission 31. Xcel notes that, pursuant to with the TOP Reliability Standards. reviewed the criteria and approved NERC’s registry criteria, NERC will According to TANC, only the entity them as appropriate under section 215 generally register individual generator accepting responsibility to perform the of the FPA. Further, the Commission units of 20 MVA or greater that are tasks delegated to it in the agreement has provided a method by which any directly connected to the bulk electric should be accountable for the entity that disagrees with NERC’s system. According to Xcel, under responsibilities assigned to it in the determination to place it in the NERC’s criteria, generators that are agreement. TANC asserts that, where compliance registry may submit a connected to distribution facilities are entities have assigned responsibilities challenge in writing to NERC and, if still generally exempt from registration as by contract, there is no reason to register not satisfied, may lodge an appeal with they are not connected to the Bulk- those responsibilities to another entity. the Commission.27 Therefore, the Power System. Xcel seeks rehearing of 35. California Cogeneration claims Commission has the ultimate ability to the Commission’s decision to accept that Order No. 693 failed to adequately determine whether an entity should be this aspect of the ERO’s registration address the unique characteristics of on the NERC registry. process, contending that generating QFs. It states that reliance on the 38. With regard to the fact that certain facilities that are connected at a registry process, which is based on the Regional Entities have created distribution voltage but deliver energy 14 functions identified in the NERC supplemental criteria to determine to the transmission system can affect functional model, does not adequately which entities should be on the registry, transmission system reliability and, distinguish among different types of we agree with California Cogeneration 28 thus, should be subject to mandatory generators, including size and location, that this is not appropriate. Order No. Reliability Standards. Further, Xcel and their impact on reliability. 693 accepted NERC’s compliance contends that the exclusion of facilities California Cogeneration states that the 26 connected at a distribution level creates Commission, as a remedy to these California Cogeneration at 12, citing California infirmities, should direct NERC to Independent System Operator, Corp., 96 FERC ¶ inappropriate incentives for entities to 63,015 (2001) (Initial Decision); Opinion No. 464, interconnect generating facilities at the immediately initiate a stakeholder 104 FERC ¶ 61,196 (2003) (affirming Initial distribution level rather than the process to revise the Reliability Decision). transmission level. Standards to identify in greater detail 27 See Order No. 693 at P 101; ERO Certification 32. TANC requests clarification of the the entities that are responsible for Order at P 679. compliance and revise requirements to 28 We note that the example cited by California Commission’s statement that: Cogeneration appears to assert that the NERC recognize the operational constraints of we believe our concerns can be addressed by registry criteria incorporates a bright line test as to having the ERO, through its compliance different generators. It states that this which entities should be registered: registry process, ensure that each user, owner process should be completed before The application of the different sets of criteria to Reliability Standards become a 30 MW generator interconnected at 69 kv and operator of the Bulk-Power System is illustrates the inconsistency in treatment. Under registered for each Requirement in the enforceable. Further, California NERC’s criteria, the generator is interconnected at Reliability Standards that relate to Cogeneration states that the stakeholder less than 100 kv, and it is not therefore a user of transmission owners to assure there are no process should also develop criteria for the bulk electric system. The generator would be gaps in coverage of the type discussed determining whether an entity has a eliminated from registration by the first step of here.[25] NERC’s process. WECC’s Supplemental Criteria, ‘‘material impact’’ on reliability. however, state that a generator greater than 20 MW 33. According to TANC, this 36. Finally, California Cogeneration must be registered regardless of the voltage at which statement seems to require all entities states that the Commission was not it is interconnected. subject to the Reliability Standards to responsive to issues raised by California California Cogeneration at 5. We disagree with Cogeneration in its rulemaking this interpretation. NERC’s compliance registry register for each requirement applicable would also allow the ERO and Regional Entities to to transmission owners, which it states comments regarding individual register ‘‘[a]ny generator, regardless of size, that is is inconsistent with the Commission’s Reliability Standards that apply to a blackstart unit material to and designated as part goal of preventing overlap and negates generator owners and operators and of a transmission operator entity’s restoration plan, needed revisions if they are to be or; * * * [a]ny generator, regardless of size, that is the transmission owner classification in material to the reliability of the bulk power applied to cogenerators. It states that system.’’ NERC Statement of Compliance Registry at 25 Id. at P 145. some of these Reliability Standards 7.

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registration process ‘‘to provide as much ERO has an understanding of the our regulations requires each user, certainty as possible regarding the Commission’s concerns and an owner or operator of the Bulk-Power applicability and responsibility of appropriate, but not necessarily System to provide the Commission, the specific entities under the approved exclusive, outcome to address those ERO and the applicable Regional Entity standards.’’ 29 NERC’s Statement of concerns. Without such direction and such information as is necessary to Compliance Registry does not reference guidance, the ERO might not know how implement section 215 of the FPA. If a supplemental compliance registries to respond adequately to a Commission problem arises in obtaining information created by Regional Entities. While both proposal to modify a Reliability necessary to calculate ATC, the the Commission and the ERO have Standard.33 Thus, in some instances, Commission may revisit this matter in made it clear that an entity that falls while we provided specific details the future. For example, if entities are below the minimum registry criteria regarding the Commission’s unable to obtain the required may be included on the compliance expectations, we intended by doing so information under TOP–003–0, the registry on a facility-by-facility basis, to provide useful guidance to assist in Commission might require the ERO, nonetheless NERC’s compliance registry the Reliability Standards development through the Reliability Standards places the burden on the Regional Entity process, not to impede it. development process, to develop a to reasonably demonstrate that the 41. With respect to the specific provision to ensure that all organization is a user, owner or operator Reliability Standards cited by NRECA, jurisdictional entities that must provide of the Bulk-Power System.30 This the Commission first notes that NRECA information pursuant to TOP–003–0 language contemplates a case-by-case does not appear to request rehearing on because of a particular reliability need registration of entities outside the NERC the substance of the directed are added to the registry, even if only to criteria, provided that a reasonable modifications, but argues that the meet the requirements of TOP–003–0. demonstration of the need to register the Commission was too prescriptive 43. The Commission denies Xcel’s entity 31 is made by the Regional procedurally. In many instances, the request for rehearing. As noted by Xcel, Entity.32 Commission provided guidance to the NERC’s registry criteria state that the 39. In response to NRECA, in ERO and stated that it could develop an ERO and Regional Entities will directing the ERO to expand the alternative to our direction, so long as ‘‘generally’’ register generators greater applicability of certain Reliability the alternative is as effective and than 20 MVA and will ‘‘generally’’ Standards, the Commission did not efficient as the Commission’s proposal. exempt generators that are connected to intend to expand the applicability However, with respect to the Reliability distribution facilities. The use of the beyond those entities that are on the Standards cited by NRECA, the term ‘‘generally’’ allows the ERO and compliance registry. Rather, we Commission has identified specific Regional Entities flexibility to register a indicated where the Commission concerns about the gap in applicability generator meeting those descriptions if believed there was a reliability concern in the Reliability Standard. For the ERO or a Regional Entity determines in not applying certain Reliability example, as to COM–001–1 and COM– that the facility is needed for Bulk- Standards to a category of registered 002–2, the Commission was concerned Power System reliability. Further, Order entities. For example, in COM–001–0, about having a reliability gap during No. 693 specifically provided for such where the Commission directed the ERO normal and emergency operations. an outcome.34 Therefore, those to add distribution providers that are Section 215(d)(5) of the FPA states: generating facilities that Xcel is essential to the implementation of a The Commission, upon its own motion or concerned about, which are connected black start plan to the Applicability upon complaint, may order the Electric at a distribution voltage but deliver section, this would include only those Reliability Organization to submit to the energy to the transmission system, may distribution providers that are on the Commission a proposed reliability standard be required to comply with Reliability compliance registry. or a modification to a reliability standard that Standards depending on a possible case- 40. The Commission agrees with addresses a specific matter if the by-case determination by the ERO or a Commission considers such a new or NRECA to the extent that we do not Regional Entity. Xcel does not provide modified reliability standard appropriate to any support for its claim that this wish that a direction for modification be carry out this section. so overly prescriptive as to preclude the general exclusion of facilities connected consideration of viable alternatives in In the instances cited by NRECA, the at a distribution level creates the ERO’s Reliability Standards Commission has identified a deficiency inappropriate incentives for entities to development process. However, as in the applicability of the Reliability interconnect generating facilities at the stated in Order No. 693, in identifying Standard. To correct this deficiency, the distribution level rather than the a specific matter to be addressed in a ERO must add the specific entity to the transmission level. modification to a Reliability Standard, it Applicability section of the Reliability 44. In response to TANC’s concern is important that the Commission Standard. that Order No. 693 appears to require all 42. TOP–003–0 contains provide sufficient guidance so that the entities subject to the Reliability Requirements that can have a significant Standards to register for each impact on both the reliability of the 29 Order No. 693 at P 33. requirement applicable to transmission 30 NERC Statement of Compliance Registry at 10, Bulk-Power System and on competition owners, we disagree. This statement was n.1. with regard to available transfer made only to ensure that there are no 31 The entity registered would also have to be a capability (ATC). The Commission’s gaps or unnecessary redundancies with user, owner or operator of NERC’s definition of bulk approval of TOP–003–0 does not regard to the entity or entities electric system. override either the compliance registry 32 The Commission notes that no Regional Entity responsible for compliance. The has filed a supplemental registry with the or the ERO. The planning authority or Commission. The Commission makes its transmission planner should inform its 34 Id. at P 101. ‘‘Finally, the Commission agrees determination to reject regional registry criteria Regional Entity if it is not receiving that, despite the existence of a voltage or demand without prejudice to a Regional Entity creating cooperation in getting the information it threshold for a particular Reliability Standard, the supplemental registry criteria, provided that the ERO or Regional Entity should be permitted to Regional Entity affords due process to those entities requires. We note that section 39.2(d) of include an otherwise exempt facility on a facility- that would be subject to them, and requests ERO by-facility basis if it determines that the facility is and Commission approval of such criteria. 33 Order No. 693 at P 185. needed for Bulk-Power System reliability.’’

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Commission did not intend to imply criteria for owners and operators of determining the applicability of each that each user, owner and operator of generators, and in the context of NERC’s Reliability Standard. It asserts that the the Bulk-Power System must comply compliance registry process. The ERO’s compliance registry process that with those Reliability Standards which reliability of the Bulk-Power System is used to identify users, owners and apply to transmission owners. Rather, will be better protected by addressing operators of the Bulk-Power System that the Commission intended for the ERO to this issue in the NERC compliance must comply with Reliability Standards ensure that there is clarity in the registry process, which will ensure that relies on the Functional Model. Thus, registering of entities and that the no generator that is needed to maintain according to TANC, a change in the registration process results in no gaps or the reliability of the Bulk-Power System Functional Model affects the unnecessary redundancies. will be exempt from Reliability applicability and enforcement of each 45. Further, the Commission clarifies Standards, while excusing those Reliability Standard. that it did not intend to change existing generators that are not needed to 50. Further, TANC contends that the contracts, agreements or other maintain reliability. Therefore, the Reliability Standards are not understandings as to who is responsible Commission rejects California ‘‘complete,’’ a quality objective for a particular function under a Cogeneration’s request that it direct identified by NERC in the development Reliability Standard.35 The Commission NERC to immediately initiate a of Reliability Standards, because the believes that allowing an organization to stakeholder process to revise the Reliability Standards are dependent on accept compliance responsibility on Reliability Standards to identify in an external document. TANC is behalf of its members should cover greater detail the entities that are concerned that revising the Functional TAPS’ concerns regarding a situation in responsible for compliance and revise Model could result in additional entities which two entities have a contract requirements to recognize the having to comply with Reliability regarding which will perform functions operational constraints of QF generators. Standards without affording these under the Reliability Standards.36 NERC 3. Use of the NERC Functional Model entities adequate notice of what is has filed procedures for allowing such expected of them. It notes that terms 48. Order No. 693 explained that agreements in Docket No. RM06–16– used in the Functional Model are also NERC has developed a ‘‘Functional 003. The Commission will rule on the defined in the NERC glossary, which Model’’ that defines the set of functions particulars of those procedures in that was approved by the Commission. Thus, that must be performed to ensure the proceeding. TANC requests that the Commission 46. The Commission denies California reliability of the Bulk-Power System. require the ERO to submit revisions to Cogeneration’s request for rehearing The Functional Model identifies 14 the Functional Model for Commission with respect to exemption of QFs from functions and the name of a approval, either as revisions to the compliance with mandatory Reliability corresponding entity responsible for Functional Model or revised terms in Standards. As stated in Order No. 696, fulfilling each function. While the the NERC glossary, after development for reliability purposes, there is no Commission had proposed to require through the ERO’s full Reliability meaningful distinction between QF and that NERC file future revisions to the Standards development process. non-QF generators that would warrant Functional Model, Order No. 693 generic exemption of QFs from determined that such filing was not 51. Midwest ISO contends that the mandatory Reliability Standards.37 necessary.38 The Commission made this Commission erred in failing to require Therefore, we disagree with California determination based on the NERC to define the distinct roles of the Cogeneration that Order No. 693 failed characterization offered by numerous ‘‘planning coordinator’’ and ‘‘planning to adequately address the unique commenters that the Functional Model authority.’’ According to Midwest ISO, characteristics of QFs. is an evolving guidance document that while NERC used the term planning 47. Whether a generation facility is not intended to convey firm rights authority when it developed the should be subject to Reliability and responsibilities. Further, the ‘‘Version 0’’ Reliability Standards, it Standards should depend on whether Commission agreed with commenters was recognized that there was ‘‘[no] electric energy from the generation that the applicability section of a common understanding of who or what 39 facility is needed to maintain the particular Reliability Standard should the Planning Authority was.’’ Further, reliability of the Bulk-Power System. be the ultimate determinant of Midwest ISO explains that many The registration criteria adopted by applicability of each Reliability Reliability Standards describe roles for NERC and approved by the Standard. While some commenters both the planning authority and Commission, as well as the compliance asked that all revisions to the transmission planner. Midwest ISO registry process adopted by NERC and Functional Model be developed through states that, while the latest revision to approved by the Commission, are NERC’s ANSI-accredited process, the the Functional Model substitutes the designed to ensure that only those Commission left to the discretion of the term ‘‘planning coordinator’’ for facilities needed to maintain the ERO the appropriate means of allowing ‘‘planning authority,’’ this has not reliability of the Bulk-Power System are stakeholder input when revising the resolved the problem because the subject to the Reliability Standards. The Functional Model. responsibilities of the planning ultimate decision with respect to coordinator ‘‘are both more limited and e. Requests for Rehearing individual generation units or plants is, wide-area in nature’’ and may not be and must be, made on a case-by-case 49. TANC requests rehearing of the simply substituted for those of planning basis. Thus, whether a particular QF or Commission’s determination that future authority. Midwest ISO notes that type of QF should be exempt from modifications of the Functional Model certain Regional Entities are registering Reliability Standards is an issue that is do not need to be submitted to the entities based on the planning authority more appropriately raised in the context Commission for approval. TANC function as previously defined, and of NERC’s establishment of registry contends that the Functional Model is Midwest ISO asks rhetorically whether more than just a guidance document the ERO can hold a company 35 See id. at P 107. and, rather, is fundamental to accountable to a set of Reliability 36 See id. at P 107–09. 37 Order No. 696 at P 28. 38 Order No. 693 at P 127–29. 39 Midwest ISO at 4.

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Standards applicable to an entity that it NERC to define the distinct roles of the why it will not meet the deadline and when no longer recognizes as valid. planning authority and planning it expects to complete its work.[44] 52. Midwest ISO maintains that the coordinator. First, as recognized by g. Requests for Rehearing Commission did not adequately address Midwest ISO, NERC will address this Midwest ISO’s concerns when it stated issue as part of its long range plan. This 58. NRECA asks for clarification, or in Order No. 693 that the ERO can is consistent with the Commission’s alternatively rehearing, that Order No. address such concerns as it updates and statement in Order No. 693 that ‘‘given 693 does not allow the imposition and revises the Functional Model. that the Functional Model is an evolving enforcement of deadlines that preclude the ERO from satisfying the due process According to Midwest ISO, the guidance document, the ERO can requirements set forth in section 215 of Reliability Standards state that regions address such concerns as it updates and the FPA or applying its own expertise. should work closely with the planning revises the Functional Model.’’ 42 NRECA states that a deadline ‘‘may be coordinators on a common Midwest ISO has provided insufficient reasonable or unreasonable, and its understanding of roles and support for its contention that reasonableness needs to be determined responsibilities, but such a process will addressing this matter may be lengthy within context’’ taking into account the be lengthy and perhaps futile without and futile without Commission complexity of the matter and other Commission guidance. Further, intervention. Moreover, consistent with considerations.45 NRECA contends that Midwest ISO states that, while NERC Order No. 693, any ambiguity regarding will address this issue in the long term, the imposition and enforcement of an roles and the responsibility of a unreasonable deadline conflicts with the Commission’s failure to provide particular entity for compliance with a interim clarification or direct NERC to section 215 as well as Order No. 672. particular Reliability Standard is a Thus, NRECA seeks clarification that specify the role of the planning matter that should be addressed in the coordinator is an error. the Commission’s assertion of authority registration of a particular entity. to establish deadlines for ERO action f. Commission Determination 56. Finally, we disagree with Midwest represents no more than the authority to ISO’s suggestion that it is inappropriate 53. The Commission denies TANC’s ‘‘exhort’’ the ERO to move to register entities as planning request for rehearing. The Commission expeditiously, consistent with its authorities given that the applicability disagrees with TANC that the statutory due process obligations. provisions of the Commission-approved Commission-approved Reliability ‘‘However, if the Commission is Reliability Standards refer to the Standards are incomplete. As stated in purporting in the Final Rule to reserve planning authority and not the planning Order No. 693, the applicability section the power to specify an unreasonable coordinator. Consistent with our of a particular Reliability Standard deadline, that undermines due process discussion above, revisions to the should be the ultimate determinant of and ignores the ERO’s technical Functional Model do not convey rights applicability of each Reliability expertise in contravention of the and responsibilities but, rather, the Standard.40 Further, the Commission requirements of section 215, then modification to the applicability notes that we required the ERO to NRECA seeks rehearing of the provision of a Reliability Standard or 46 update the Glossary of Terms Used in Commission’s determination.’’ NERC glossary ultimately determines an Reliability Standards through the entity’s obligations. h. Commission Determination Reliability Standards development 59. The Commission agrees that it process whenever a new or revised B. Mandatory Reliability Standards Reliability Standard includes a new should not impose deadlines that 1. Prioritizing Modifications to preclude the ERO from satisfying the defined term.41 54. The Commission disagrees with Reliability Standards due process requirements set forth in section 215 of the FPA, and has TANC that the Functional Model is used 57. In Order No. 693, the Commission provided in several previous orders that, to identify users, owners and operators directed the ERO to submit a revised in complying with a deadline, NERC of the Bulk-Power System that must Work Plan to: (1) Reflect modification must also meet the requirements of the comply with Reliability Standards. The directives contained in Order No. 693; FPA and the Commission’s regulations. compliance registry criteria are used to (2) include the timeline for completion In our January 2007 Compliance Order, determine which entities must be listed of ATC-related Reliability Standards as we made it clear that a revision to on the compliance registry, and ordered in Order No. 890; and (3) NERC’s expedited Reliability Standards therefore must comply with Reliability account for the views of its development process must ‘‘make it Standards. Changes in the Functional stakeholders, including those raised in clear that the Commission can order Model cannot require additional entities this proceeding. The Commission expedited standard development in a to comply with Reliability Standards. required that the ERO set specific specific time frame and that NERC must Consistent with our explanation in delivery dates, explaining that ‘‘[a] adhere to that time frame and still allow Order No. 693, if an entity is registered Work Plan with specific target dates will for due process.’’ 47 On rehearing, we as a result of a change that emanated provide a valuable tool and incentive to further clarified that ‘‘any ERO process from a revision of the Functional Model, timely address the modifications that provides ‘reasonable notice and the entity would have an opportunity to directed in this Final Rule.’’ 43 Further, opportunity for comment, due process, seek review by the ERO and the Order No. 693 stated that: openness, and balance of interests’ as Commission. Accordingly, we deny the the ERO should make every effort to meet required by section 215(c)(2)(D) of the request for rehearing and will not such delivery dates. However, we understand FPA, and that also can meet a require NERC to file revisions to the that there may be certain cases in which the Commission-imposed deadline pursuant Functional Model. ERO is not able to meet [the] Commission’s 55. Further, we reject Midwest ISO’s deadline. In those instances, the ERO must 44 Id. contention that the Commission erred in inform the Commission of its inability to 45 meet the specified delivery date and explain NRECA at 17. failing to provide guidance in directing 46 Id. at 18. 47 North American Electric Reliability Corp., 118 40 Order No. 693 at P 127. 42 Id. at P 129. FERC ¶ 61,030 at P 27 (2007) (January 2007 41 Id. at P 1893. 43 Id. at P 207. Compliance Order) (emphasis added).

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to section 39.5(g) of the Commission’s j. Commission Determination against liability suits.54 Finally, the regulations, will comply with this Commission stated that, in Order No. 63. The Commission denies Xcel’s directive.’’ 48 888, as affirmed by Order No. 890, the request for clarification. First, the Commission declined to adopt a 60. Finally, in Order No. 693, the Commission believes that Xcel’s uniform federal liability standard and Commission stated that the ERO should requested clarification would not decided that, while it was appropriate to make every effort to meet Commission- always capture the most serious protect the transmission provider ordered delivery dates. However, we violations. Moreover, the Commission through force majeure and acknowledged that ‘‘there may be in Order No. 693 intentionally declined indemnification provisions from certain cases in which the ERO is not to develop a threshold that would place damages or liability when service is able to meet [the] Commission’s limits on the ERO’s and Regional provided by the transmission provider deadline. In those instances, the ERO Entities’ exercise of enforcement without negligence, it would leave the must inform the Commission of its discretion; and we decline to do so here determination of liability in other inability to meet the specified delivery as well. Although we clearly allowed for instances to other proceedings.55 date and explain why it will not meet ‘‘the ERO or a Regional Entity to take an the deadline and when it expects to enforcement action against an entity k. Requests for Rehearing complete its work.’’ 49 whose violation causes a significant 66. Avista seeks rehearing on the 2. Trial Period disturbance,’’ we also provided that the Commission’s determination not to ERO and Regional Entities can assess a provide further liability limitations and 61. In Order No. 693, while the monetary penalty in a situation where, questions whether it is fair, just and Commission did not institute a formal for example, an entity’s non-compliance reasonable to deny transmission ‘‘trial period,’’ it directed the ERO and places Bulk-Power System reliability at operators that are not regional Regional Entities to ‘‘focus their 51 risk. We did not require that there be transmission organizations (RTOs) or resources’’ on the ‘‘most serious actual harm to the Bulk-Power System independent system operators (ISOs) the violations’’ during an initial period for the ERO to assess a penalty during protections afforded to RTOs and ISOs through December 31, 2007.50 Order No. the transition period. and at the same time impose mandatory 693 stated that this use of enforcement 64. The Commission believes that it is Reliability Standards with significant discretion should apply to all users, better to allow the ERO and Regional fines and penalties as an enforcement owners and operators of the Bulk-Power Entities to use their expertise in mechanism.56 Avista argues that the System. The Commission explained that determining which violations constitute Commission has limited the scope of the goal should be to ensure that, at the the most serious. Likewise, the ERO and liability in the pro forma open access outset, the ERO and Regional Entities Regional Entities are in the best position transmission tariff (OATT) to instances can assess a monetary penalty in a to know how to best use their finite of gross negligence or intentional situation where, for example, an entity’s enforcement resources. This will require misconduct and also limited damages non-compliance places Bulk-Power case-by-case analysis of the by excluding consequential, indirect or System reliability at risk. This approach circumstances surrounding a situation. punitive damages for RTOs and ISOs. would allow the ERO, Regional Entities Therefore, we will not stipulate a single According to Avista, not providing these and other entities time to ensure that the set of circumstances under which the same limitations to other transmission compliance monitoring and ERO and Regional Entities should use operators is, on its face, arbitrary, and enforcement processes work as intended their enforcement discretion for the may have unintended adverse and that all entities have time to initial transition period. consequences to the ratepayers of any implement new processes. C. Common Issues Pertaining to transmission operator whose operating i. Requests for Rehearing Reliability Standards employee’s decisions initiate a large cascading outage, if available insurance 62. Xcel states that, while it supports 1. Blackout Report Recommendation on is not adequate to cover the risk. Avista the Commission’s decision that the ERO Liability Limitations argues that enforcement of mandatory and Regional Entities should have the 65. In Order No. 693, consistent with Reliability Standards should not depend enforcement discretion to calculate but both on risk of massive liability not collect penalties during an initial Order No. 890, the Commission did not adopt new liability protections.52 The exposure and upon multi-million dollar period, it asks that the Commission civil fines and penalties. provide greater clarity and guidance Commission stated that it did not regarding the circumstances when believe any further action is needed to l. Commission Determination implement Blackout Report penalties should be collected and when 67. The Commission denies rehearing. Recommendation No. 8 because the they should not. It asks that the The Commission has already ruled that Task Force found that no further action Commission be as specific as possible in the liability standard the Commission is needed.53 Further, the Blackout defining the circumstances under which has approved for RTOs and ISOs is not the ERO and Regional Entities should Report indicated that some states already have appropriate protection exercise their enforcement discretion. It 54 Id. (‘‘In the United States, some state regulators suggests that the Commission clarify have informally expressed the view that there is that to assess a penalty a violation must 51 Id. appropriate protection against liability suits for 52 Id. at P 237; Preventing Undue Discrimination parties who shed load according to approved be, at a minimum, (i) an intentional and Preference in Transmission Service, Order No. guidelines’’). violation of a well-understood 890, 72 FR 12,266 (March 15, 2007), FERC Stats. & 55 Order No. 888–B, 81 FERC ¶ 61,248 at 62,081 Reliability Standard and (ii) a violation Regs. ¶ 31,241 (2007) at P 1671–77. (1997), order on reh’g, Order No. 888–C, 82 FERC that causes substantial harm. 53 U.S.-Canada Power System Outage Task Force, ¶ 61,046 (1998), aff’d in relevant part sub nom. Final Report on Implementation of Task Force Transmission Access Policy Study Group v. FERC, Recommendations at 22 (Oct. 3, 2006), available at 225 F.3d 667 (D.C. Cir. 2000), aff’d sub nom. New 48 North American Electric Reliability Corp., 119 http://www.oe.energy.gov/news/blackout.htm York v. FERC, 535 U.S. 1 (2002). FERC ¶ 61,046 at P 13 (2007). (‘‘Action Required to Fully Implement 56 Avista and PSE also requested rehearing of this 49 Order No. 693 at P 207. Recommendation 8: No further action under this issue in Docket Nos. RM05–25–001 and RM05–17– 50 Id. at P 221–22. recommendation is needed.’’). 001.

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appropriate for other transmission exposure. It offers no new arguments 72. According to APPA, approving a providers.57 Further, we also found that demonstrate that non-RTO and non- Reliability Standard that references an without merit assertions that increased ISO transmission providers are unable unapproved fill-in-the-blank standard liability protections in the pro forma to rely on state laws, i.e., the state laws requires compliance with regional OATT should be viewed as a necessary provide inadequate protection. Avista Reliability Standards that the element of the implementation of the has not persuaded us to change our Commission has not reviewed or Commission’s reliability authority.58 In policy regarding liability protections approved. APPA asserts that the the Reliability Policy Statement,59 the applicable to non-RTO and non-ISO Commission cannot determine if a Commission stated that it would transmission providers. Therefore, we Reliability Standard that references a consider, on a case-by-case basis, deny rehearing. pending Reliability Standard is ‘‘just, proposals by public utilities to amend reasonable, not unduly discriminatory their OATTs to include limitations on 2. Fill-in-the-Blank Standards or preferential, and in the public liability. The Commission further noted 70. In Order No. 693, the Commission interest’’ for the same reasons that the that, while this issue has not been required supplemental information for Commission articulated in determining resolved on a standardized basis, the any Reliability Standard that currently that it lacked important information Commission has entertained RTO requires a regional reliability needed to evaluate ‘‘fill-in-the-blank’’ transmission providers’ specific organization to fill in missing criteria or standards. proposals to amend their OATTs to procedures.63 The Commission 73. APPA also argues that the include provisions addressing explained that, where important approved Reliability Standards that limitations on liability.60 information has not yet been provided, reference a fill-in-the-blank standard do 68. In subsequent orders, the it would not approve or remand such not promote uniformity and consistency Commission found that the gross Reliability Standards until the ERO as required by Order No. 672. APPA negligence and intentional wrongdoing submits further information. Until such asserts that the Commission cannot indemnification and liability standard is information is provided, compliance determine if such Reliability Standards appropriate for RTOs and ISOs. with the so-called fill-in-the-blank are justified, because the regional However, the Commission has declined standards should continue on a standard is more stringent than to extend this protection to all voluntary basis, and the Commission continent-wide Reliability Standards or transmission providers. In Southwest considers compliance with such is necessitated by a physical difference Power Pool, Inc., the Commission Reliability Standards to be a matter of in the Bulk-Power System, without explicitly stated ‘‘that our acceptance good utility practice. Further, the reviewing the regional standard in here of the gross negligence and Commission stated: question to determine whether one of intentional wrongdoing indemnity those two findings is appropriate. APPA standard is limited to SPP, in its role as In our Reliability Policy Statement, we also maintains that the Commission an RTO, and its TOs; we do not intend explained that compliance with NERC cannot conclude that the processes by Reliability Standards (or more stringent to extend such protection to all which the regional practices involved in 61 regional standards) is expected as a matter of transmission providers.’’ In Southern good utility practice as that term is used in the referenced fill-in-the-blank Company Services, Inc., the the pro forma OATT. The Commission standards were developed meet Commission stated that: continues to expect compliance with such statutory requirements. APPA raises Having considered Southern Companies’ Reliability Standards as a matter of good concerns about due process and proposed limitation on liability and utility practice. That being said, the fundamental fairness, asserting that indemnification provisions pursuant to our Commission agrees that retaining a dual small entities have often not been Reliability Policy Statement cited above, we mechanism to enforce Reliability Standards included in past regional processes, and find that Southern Companies have not both as good utility practice and under may not have received prior notice of shown that they are similarly situated to the section 215 of the FPA is inappropriate; the the standards with which they must RTOs/ISOs they cite in support. While OATT only applies to entities subject to our jurisdiction as public utilities under the FPA, now comply. Southern Companies claim that they ‘may 74. APPA also argues the Commission not be protected by any State-regulated while section 215 defines more broadly our limitations on liability,’ Southern Companies jurisdiction with respect to mandatory is incorrect that ‘‘many of these offer no evidence to support this concern. Reliability Standards. We therefore do not Reliability Standards either refer to the The Commission has provided such liability intend to enforce, as an OATT violation, process of collecting data or reference protection to RTOs/ISOs because they were compliance with any Reliability Standard Requirements that entities are generally created by and solely regulated by the that has not been approved by the aware of because they have already been Commission, and otherwise would be Commission under section 215.64 following these Reliability Standards on without limitations on liability. Southern m. Requests for Rehearing a voluntary basis.’’ According to APPA, Companies have proffered no evidence of any Reliability Standards may sweep in change in circumstances vis-a`-vis their 71. While APPA believes that Order liability exposure post-Order No. 888.62 many small entities that have not been No. 693 correctly deferred consideration members of regional reliability 69. Further, we disagree with Avista of the ‘‘fill-in-the-blank’’ standards, it organizations and have not necessarily that there is a risk of massive liability requests rehearing of the Commission’s complied with standards on a voluntary approval of other Reliability Standards basis. 57 Order No. 890 at P 1675. We note that this that incorporate the ‘‘fill-in-the-blank’’ 75. APPA argues that the discussion concerns civil liability only, not liability for penalties imposed by the ERO, Regional Entities standards. APPA argues that the Commission’s approval of Reliability or the Commission. Commission cannot, lawfully, approve Standards that make enforceable 58 Id. at P 1677. Reliability Standards for immediate unreviewed ‘‘fill-in-the-blank’’ 59 Policy Statement on Matters Related to Bulk enforcement that incorporate those same standards could trigger registration of a Power System Reliability, 107 FERC ¶ 61,052 (2004) unreviewed and unapproved regional large number of small entities. (Reliability Policy Statement). 60 Reliability Policy Statement at P 40 (citations Reliability Standards. According to APPA, unless it can be omitted). assumed that no change in the scope or 61 112 FERC ¶ 61,100 at P 39 (2005). 63 Order No. 693 at P 297–302. content of the fill-in-the-blank standards 62 113 FERC ¶ 61,239 at P 7 (2005). 64 Id. at P 302 (footnote omitted). will result from the ongoing process

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NERC and the Regional Entities are UFLS standards it has neither reviewed will only enforce the data requirements undertaking to fill in the blanks, nor approved. and any requirement that can be mandatory enforcement of the ‘‘before’’ 77. Xcel contends that the statement independently enforced in those version is likely to sweep in different that the Commission does not intend to Reliability Standards, and will not entities and subject them to different enforce, as an OATT violation, enforce compliance with regional standards than will the ‘‘after’’ version. compliance with any Reliability criteria created by a regional reliability Further, APPA asserts that, by posing Standard that has not been approved by organization pursuant to an unapproved the potential to sweep a large number of the Commission under section 215 is fill-in-the-blank standard.67 small entities onto the compliance confusing. By stating that the 80. APPA’s contention that approving registry before the applicable regional Commission does not intend to enforce a Reliability Standard that references a standard is approved, the Commission’s as an OATT violation compliance with fill-in-the-blank standard could trigger decision calls into question its a Reliability Standard that has not been additional small entity registration is adherence in Order No. 693 to the approved by the Commission under speculative. At this time, registration is Regulatory Flexibility Act requirements section 215, Xcel is concerned that the governed by NERC’s definition of bulk because, absent review of the Commission may intend to enforce as an electric system and its compliance undisclosed incorporated ‘‘fill-in-the- OATT violation non-compliance with a registry criteria. Nothing in a Reliability blank’’ standards, the Commission Reliability Standard that has been Standard can cause an entity to be cannot estimate the number of small approved by the Commission under registered if it would otherwise not be systems these Reliability Standards will section 215. Xcel seeks clarification or required to do so. rehearing on this issue. affect. Further, APPA maintains that the 81. In response to Xcel, the Commission cannot make the requisite n. Commission Determination Commission clarifies that it does not determination that a small entity’s 78. The Commission denies APPA’s intend to enforce as a violation of good compliance with an unapproved ‘‘fill- request for rehearing and provides utility practice non-compliance with a in-the-blank’’ standard has a material further clarification. The Commission Reliability Standard that has been impact on reliability, and the continues to believe that the fact that a approved by the Commission under Commission cannot find such Reliability Standard simply references a section 215. However, where the OATT compliance necessary for Bulk-Power Reliability Standard that was not contains a specific requirement that may System reliability. approved or remanded in Order No. 693 be related to a Reliability Standard, for 76. Finally, APPA maintains that, does not alone justify not approving the example, an independent obligation even though the Commission stated that former Reliability Standard. Rather, under the OATT to calculate the fact that a Reliability Standard such a reference may be considered in transmission capacity, the Commission references a fill-in-the-blank standard an enforcement action, if relevant, but is does not limit its ability to take ‘‘may be considered in an enforcement enforcement action separately against a 65 not a reason to delay approval of the action,’’ the Commission should not Reliability Standard. Further, we clarify violation of a Reliability Standard and a have approved such Reliability that, in an enforcement proceeding, violation of a specific OATT provision. Standards. According to APPA, the such a reference can be considered Such determinations will be based on ability of an entity to raise this issue in regarding whether a particular the facts of a specific circumstance. an enforcement action occurs too late to Requirement or part of a Requirement in avoid the harm to many small entities D. Discussion of Individual Reliability an otherwise approved Reliability Standards in being required to register and comply Standard is enforceable.66 The with what it calls unapproved regional Commission did not err in approving 1. EOP–001–0 underfrequency load shedding (UFLS) Reliability Standards that reference a 82. Reliability Standard EOP–001–0 programs that have not been developed pending Reliability Standard because through Commission-approved requires each transmission operator and they contain the appropriate level of balancing authority to develop, processes meeting the statutory specificity necessary to provide notice standard, and which may well differ maintain and implement a set of plans to users, owners and operators of the to mitigate operating emergencies. from the final standard that the Bulk-Power System as to what is Commission approves to fill in the These plans must be coordinated with required. We will discuss the issue other transmission operators and blanks. Nor, according to APPA, does raised by APPA in regard to the the ability to raise issues relating to fill- balancing authorities and the reliability Protection and Control Systems (PRC) coordinator. in-the-blank standards in an group of Reliability Standards in our enforcement action avoid the potential 83. Order No. 693 approved discussion of individual Reliability Reliability Standard EOP–001–0. In for significant distraction of NERC and Standards below. Regional Entities from more crucial addition, the Commission directed the 79. In approving a Reliability ERO to develop a modification to EOP– reliability-related duties to instead deal Standard that references a fill-in-the- with compliance by numerous small 001–0 that, among other things, blank standard, the Commission is not includes the reliability coordinator as an entities that have no material impact on requiring compliance with the the grid with regional standards that are applicable entity. In pertinent part, the unapproved Reliability Standard. Commission found the reliability in a state of flux. APPA also asserts that Therefore, it is immaterial how the this statement cannot overcome the coordinator to be a necessary entity regional differences discussed in the under EOP–001–0 and directed the ERO fundamental legal deficiency with unapproved Reliability Standard were approving a Reliability Standard that to modify the Reliability Standard to created. Rather, as addressed more fully include the reliability coordinator as an references a fill-in-the-blank standard— in our discussion on the PRC group of that the Commission lacks authority to Reliability Standards below, the 67 approve regional reliability standards Commission, ERO and Regional Entities This is similar to our action in Order No. 693, that require compliance with regional where we approved certain Reliability Standards, but acknowledged that a particular requirement 66 See discussion of PRC–007, PRC–008, and may be unenforceable. See Order No. 693 at P 147, 65 Id. at P 300. PRC–009, infra. 157–58.

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applicable entity.68 Recognizing the attachment that describes an emergency 3. EOP–008–0 importance NERC attributes to the procedure to be initiated by a reliability 90. EOP–008–0 addresses plans for reliability coordinator in connection coordinator that declares one of four loss of control center functionality. It with matters covered by EOP–001–0, the energy emergency alert levels to provide requires each reliability coordinator, Commission was persuaded that assistance to the load-serving entity. transmission operator and balancing specific responsibilities for the 87. Order No. 693 approved authority to have a plan to continue reliability coordinator in the Reliability Standard EOP–002–2. In reliable operations and to maintain development and coordination of addition, the Commission directed the situational awareness in the event its emergency plans must be included as control center is no longer operable. part of this Reliability Standard. The ERO to develop a modification to EOP– 002–2 that, among other things, would 91. Order No. 693 approved Commission reasoned that, while Reliability Standard EOP–008–0. In balancing authorities and transmission modify the Reliability Standard to ensure that the Transmission Loading addition, the Commission directed the operators are capable of developing, ERO to develop a modification to EOP– Relief (TLR) procedure is not used to maintaining and implementing plans to 008–0 that, among other things, mitigate actual Interconnection mitigate operating emergencies for their includes a Requirement that provides Reliability Operating Limit (IROL) specific areas of responsibility, unlike for backup capabilities that, at a reliability coordinators, they do not violations. The Commission found that minimum, requires transmission have a wide-area view. the TLR procedure may be appropriate operators and balancing authorities that and effective for use in managing o. Requests for Rehearing have operational control over significant potential IROL violations, but that the portions of generation and load to have 84. Midwest ISO disagrees with the TLR procedure is an inappropriate and minimum backup capabilities, but may Commission’s mandate to the ERO to ineffective tool for mitigating actual do so through contracting for these make EOP–001–0 applicable to the IROL violations or for use in emergency services instead of through dedicated reliability coordinator. It notes that the situations as called for in EOP–002–2. backup control centers.70 Commission correctly did not provide Accordingly, the Commission directed guidance on the reliability coordinators’ the ERO to modify the Reliability s. Requests for Rehearing role in the emergency planning process Standard to ensure that the TLR 92. Midwest ISO supports the and appears to have left this issue up to procedure is not used to mitigate actual outcome of Order No. 693 with regard the industry experts. Midwest ISO IROL violations.69 to Commission mandates in EOP–008– argues that the industry had already 0. However, it notes that ambiguities addressed any potential role of the q. Requests for Rehearing and potential misunderstandings could reliability coordinator in emergency result from imprecise adjectives in the planning by declining to make the 88. Midwest ISO requests that the Commission clarify which of the Reliability Standards. Specifically, for reliability coordinator an applicable purposes of EOP–008–0, Midwest ISO following conditions constitutes a entity in EOP–001–0. advocates that the Commission should ‘‘potential IROL’’ violation for purposes define an amount of load or generation p. Commission Determination of EOP–002–2: (1) The operating limit that constitutes a ‘‘significant’’ portion 85. The Commission affirms its has been exceeded, but 30 minutes has of generation and load that would determination to mandate that the ERO not elapsed and the operator may yet require entities to have minimum make EOP–001–0 applicable to the return the system to normal; or (2) the backup capabilities through backup reliability coordinator function because operating limit has not been exceeded, control centers. Alternatively, Midwest it is the highest level of authority but appears that it may be if action is ISO proposes that NERC could be responsible for reliable operation of the not taken quickly. Midwest ISO believes directed to create a ‘‘safe-harbor’’ limit Bulk-Power System and has a wide-area that the second circumstance is the one below which a system would not be view. Midwest ISO has not the Commission identified as being considered significant unless found to substantively disputed that appropriate for TLR mitigation, but be so by the Regional Entity or the ERO. Requirements for mitigation of reasons that the terminology can be emergencies will benefit from including interpreted differently by different t. Commission Determination a role for the entity with a wide-area operators applying historically different 93. The Commission reiterates its view. The ERO may consider other operating practices. direction in Order No. 693 that the goal equivalent alternatives and consider of this Reliability Standard is to provide industry concerns in its modification of r. Commission Determination the continuation of Reliable Operation EOP–001–0. 89. The Commission clarifies that a and the maintenance of situational awareness in the event that the primary 2. EOP–002–2 potential IROL violation refers to the control center is no longer second circumstance provided by 86. EOP–002–2 applies to balancing operational.71 To that end, every Midwest ISO, in which ‘‘the operating authorities and reliability coordinators registered reliability coordinator, and is intended to ensure that they are limit has not been exceeded, but balancing authority, transmission prepared for capacity and energy appears that it may be if action is not operator, and centrally dispatched emergencies. This Reliability Standard taken quickly.’’ In such a situation, use generator operator should have a plan requires that balancing authorities have of TLR procedures may be appropriate and means of achieving the outcome of the authority to bring all necessary depending on the circumstances. the plan upon the loss of their generation on line, communicate about Moreover, actions undertaken under the respective control centers. The energy and capacity emergencies with TLR procedure are not fast and Commission has identified three the reliability coordinator and predictable enough for use in situations requirements as a minimum for the coordinate with other balancing in which an operating security limit is plans—independence from the primary authorities. EOP–002–2 includes an being violated. 70 Id. at P 672. 68 Id. at P 566. 69 Order No. 693 at P 583. 71 See Order No. 693 at P 659.

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control center, capability to operate for extend the applicability to lower-voltage Commission was concerned that this a prolonged period corresponding to the facilities that have an impact on approach would not require all time it would take to replace the reliability. transmission lines that could impact primary control center, and the Bulk-Power System reliability to be u. Requests for Rehearing provision of a minimum set of tools and included under this Reliability facilities to replicate the critical 97. NRECA asks that the Commission Standard. While the Commission did reliability functions of the primary clarify that Order No. 693 did not not mandate that FAC–003–1 apply to control center. The Reliability Standard mandate that FAC–003–1 apply to lines lines below 200 kV, the Commission did should provide specific Requirements, below 200 kV. NRECA believes that a require the ERO to address the based on the size or impact to Reliable fair reading of Order No. 693 is that the Commission’s concerns through its Operation, to achieve the Commission’s Commission only directed the ERO to Reliability Standards development requirements. give additional consideration to having process. 94. The Commission declines to FAC–003–1 apply to lines below 200 kV define a ‘‘safe harbor’’ limit requested and did not purport to require such a 5. IRO–001–1 by Midwest ISO. We directed the ERO, modification.73 However, NRECA 100. IRO–001–1 requires that a through the Reliability Standards claims that other portions of Order No. reliability coordinator have reliability development process, to identify what 693 appear to go further, such as where plans, coordination agreements and the Requirements are necessary on which the Commission states that it is authority to act and direct reliability size entities to achieve the requiring the Reliability Standard ‘‘to entities to maintain reliable system Commission’s directives and the goal of include a greater number of entities* * operations under normal, contingency this Reliability Standard. Since there are *’’. 74 In view of the potential ambiguity, and emergency conditions. Requirement many equally efficient ways of NRECA requests that the Commission R3 provides that a reliability achieving the Commission’s direction, clarify that it is not dictating a particular coordinator ‘‘shall have clear decision- we will not identify any specific method outcome to the ERO’s deliberations, as making authority to act and direct or safe harbor. such a directive would be contrary to actions to be taken’’ by applicable 4. FAC–003–1 section 215 of the FPA, Order Nos. 672 entities to ‘‘preserve the integrity and and 672–A, and other portions of Order reliability of the bulk electric system 95. FAC–003–1 addresses vegetation No. 693. Alternatively, NRECA requests and these actions shall be taken without management on transmission rights-of- rehearing. delay but no longer than 30 minutes.’’ way. As proposed, FAC–003–1 would 101. Order No. 693 approved apply to transmission lines operated at v. Commission Determination Reliability Standard IRO–001–1. In 200 kV or higher voltage (and lower- 98. We will grant NRECA’s request for Order No. 693, the Commission voltage transmission lines which have clarification. First, in Order No. 693, we declined to adopt a change suggested by been deemed critical to reliability by a specifically stated that ‘‘[w]e will not Santa Clara that would only require the regional reliability organization). It direct NERC to submit a modification to commencement of corrective control would require each transmission owner the general limitation on applicability action within a 30-minute limit. We to have a documented vegetation [in FAC–003–1] as proposed in the found that the requirement to take management program in place, NOPR.’’ 75 Further, as a general matter, action without delay and within the 30- including records of its implementation. we stated that a direction for minute limit is important to minimize Each program must be developed for the modification should not preclude the the amount of time the system operates geographical area and specific design consideration of viable alternatives in in an insecure mode and is vulnerable configurations of the transmission the ERO’s Reliability Standards to cascading outages.78 owner’s system. development process.76 96. Order No. 693 approved 99. In Order No. 693, the Commission w. Requests for Rehearing Reliability Standard FAC–003–1. In stated that it was concerned that the 102. Santa Clara seeks rehearing of the addition, while we did not direct the bright-line applicability threshold of Commission’s determination not to ERO to submit a modification to the 200 kV would exclude a significant order the ERO to modify Reliability general limitation on applicability to number of transmission lines that could Standard IRO–001–1. Santa Clara is facilities above 200 kV, we required the impact Bulk-Power System reliability. concerned that the 30-minute time ERO to address Commission concerns We noted that, at that time no regional period during which entities must take regarding the applicability threshold reliability organization had used its remedial action under this Reliability through the ERO’s Reliability Standards Standard could be too short with respect 72 discretion to designate lower voltage development process. The lines under the proposed Reliability to physical actions that must be taken Commission was concerned that the Standard, even though there are lower where the facilities which are subject to bright-line applicability threshold of voltage lines involving IROL.77 The these actions cannot be readily accessed 200 kV in this Reliability Standard within the 30-minute time period.79 would exclude a significant number of 73 NRECA at 23, citing Order No. 693 at P 706 103. First, Santa Clara maintains that transmission lines that could impact (‘‘We will not direct NERC to submit a modification the reliability coordinator could direct Bulk-Power System reliability. We to the general limitation on applicability as that load be dropped within Silicon stated that, in proposing to require the proposed in the NOPR. However, we will require 80 the ERO to address the proposed modification Valley Power’s (SVP) service territory. ERO to modify the Reliability Standard through its Reliability Standards development According to Santa Clara, those to apply to Bulk-Power System process’’). transmission lines that have an impact 74 NRECA at 23, citing Order No. 693 at P 711. 78 Id. at P 898. on reliability as determined by the ERO, 75 Order No. 693 at P 706. 79 In its comments to the NOPR, Santa Clara we did not intend to make this 76 Id. at P 185–86. requested that this requirement of IRO–001–1 be Reliability Standard applicable to fewer 77 The Commission notes that the Regional revised to read: ‘‘Actions shall be commenced Entities have since filed their definitions of bulk without delay, but in any event, shall commence facilities than it is currently, but to electric system and that at least one Regional Entity, within 30 minutes.’’ Santa Clara Comments, WECC, has designated lower voltage facilities that December 28, 2006 at 30. 72 Id. at P 735. must comply with the Reliability Standards. 80 SVP is the utility division of Santa Clara.

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directives could only be implemented to issue directives, existing contracts this provision suggests that the source of through a physical activity, such as may have been superseded, or rendered authority to issue directives lies in a opening breakers within certain moot or unnecessary, by Order No. 693. contractual relationship between the substations, and cannot be In particular, Avista contends that reliability coordinator and each accomplished at all times using an Requirement R8 of IRO–001–1 seems to reliability entity covered by the electronic signal from SVP’s control suggest that contracts are unnecessary to requirements of Requirement R3.84 In center. Therefore, Santa Clara claims authorize reliability coordinators to Avista’s view, the language in the that, while SVP personnel would issue directives.82 Purpose section indicates that the respond to the reliability coordinator’s 107. Avista asserts that, if purpose of IRO–001–1 is to establish directive immediately, the required transmission operators or balancing authority of reliability coordinators over action might not be able to be authorities or other reliability entities reliability entities through contracts, in accomplished within 30 minutes. are subject to a non-contractual duty addition to establishing internal 104. As another example, Santa Clara imposed by the Commission under authority through delegations of states that SVP has a program through Order No. 693 to comply with the authority and plans presumably through which certain SVP retail customers can directives of a reliability coordinator, Requirement R2. commit to reduce base load by 10 the Commission should clearly indicate 109. Avista asserts that the security percent where an emergency exists in its such a requirement. It notes that, in coordinator in the Pacific Northwest, control area. However, Santa Clara another proceeding, Western Electricity PNSC, does not have contractual maintains that reducing load by shutting Coordinating Council (WECC) seems to relationships with reliability entities down power to specific buildings can suggest that it believes that when the other than control area operators. Avista take longer than 30 minutes. Santa Clara reliability coordination Reliability contends that, if the authority of a states that it is not seeking to have the Standards become mandatory, the reliability coordinator to issue directives language in IRO–001–1 modified as it existing contracts regarding reliability or to reliability entities arises out of requested in comments to the NOPR. security coordination no longer will be reliability coordinator contracts, the Rather, it seeks to have the Commission relevant and will not be necessary to reliability coordinator will need to enter grant rehearing to direct NERC to authorize reliability coordinators to into contractual relationships with each modify IRO–001–1 and allow Santa issue mandatory directives to reliability of the reliability entities within its Clara to work with NERC to develop entities.83 area—which would expand the scope of clarifications and refinements to IRO– 108. On the other hand, Avista and parties to the current PNSC 001–1 to remedy its concerns. maintains that additional provisions of contracts. Further, Avista states that 105. Avista seeks clarification of the IRO–001–1 suggest that reliability existing contracts may not contain intent of Order No. 693 as to whether coordinators must have contracts or provisions regarding the authority of the authority of a reliability coordinator other written evidence in place that reliability coordinators to issue to issue directives to reliability entities delineate and evidence their authority directives to reliability entities that fully arises out of (i) reliability coordinator 85 over reliability entities. For example, track the Reliability Standards. contracts or (ii) Commission-approved 110. Therefore, Avista requests Avista cites measure M2 of IRO–001–1, Reliability Standards without reliance rehearing and asks that the Commission which states that each reliability on reliability coordinator contracts. require that (1) reliability coordinators coordinator shall have and provide According to Avista, if the authority of develop and file contracts or tariffs that upon request evidence that could a reliability coordinator is non- govern their reliability coordination include, but is not limited to, job contractual and arises out of authority and activities, and (2) such descriptions, signed agreements, an Commission-approved Reliability contracts or tariffs ensure equitable Standards, the Commission must make authority letter signed by an officer of treatment of reliability entities by sure that such authority is accompanied the company, or other equivalent reliability coordinators and provide by equitable treatment of reliability evidence that will be used to confirm adequate procedures and methodologies entities. For example, Avista states that that the reliability coordinator has the to help ensure such equitable treatment. the Commission should require authority to act as described in Avista also seeks rehearing for the equitable compensation for re-dispatch Requirement 3. According to Avista, purpose of expanding the time to of generation required by the reliability transition from the current, voluntary 82 Requirement R8 states: ‘‘R8. Transmission coordinator and emphasizes the need Operators, Balancing Authorities, Generator contractual arrangements to the for fair and impartial procedures and Operators, Transmission Service Providers, Load- arrangements contemplated by Order methodologies are adopted to ensure Serving Entities, and Purchasing-Selling Entities No. 693. that such equitable treatment is shall comply with Reliability Coordinator directives 111. Specifically, Avista asserts that unless such actions would violate safety, provided. equipment, or regulatory or statutory requirements. the Commission should require 106. Avista states the Commission’s Under these circumstances, the Transmission reliability coordinators to file such statement in Order No. 693 that it Operator, Balancing Authority, Generator Operator, contracts or tariffs under section 205 of ‘‘clarifies that it did not intend to Transmission Service Provider, Load-Serving the FPA. In this regard, Avista states change existing contracts, impose new Entity, or Purchasing-Selling Entity shall immediately inform the Reliability Coordinator of that the Commission should, as a first organizational structures or otherwise the inability to perform the directive so that the affect existing agreements that set forth Reliability Coordinator may implement alternate 84 Requirement R3 states, ‘‘The Reliability the responsibilities of various remedial actions.’’ Coordinator shall have clear decision-making entities’’ 81 applies to existing 83 Supplemental Comments of the Western authority to act and to direct actions to be taken by Electricity Coordinating Council (WECC) filed Transmission Operators, Balancing Authorities, agreements that affect reliability March 12, 2007, in Docket No. RR06–3–001 at 13 Generation Operators, Transmission Service coordinator functions. According to (‘‘Currently the BAs [balancing authorities] and Providers, Load Serving Entities and Purchasing- Avista, provisions of IRO–001–1 seem to TOPs [transmission operators] have a contractual Selling Entities within its Reliability Coordinator imply that, as to the source and scope obligation to comply with such directives, except in Area to preserve the integrity and reliability of the narrow, enumerated circumstances. Once the Bulk Electric System.’’ of authority for a reliability coordinator reliability standards are mandatory, BAs and TOPs 85 For example, Avista contends that must obey such directives or be subject to major Requirements R8 and R3 of IRO–001–1, when read 81 Order No. 693 at P 141. penalties or other sanctions.’’) (footnote omitted). together, contain very broad language.

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step, require reliability coordinators to directions lies in the duty to comply Bulk-Power System must be in submit for filing their existing contracts, with Reliability Standards as laid out in compliance with the Reliability such as the contracts between PNSC and section 215 of the FPA and the Standards so that everyone can have the the control area operators. According to Commission’s regulations. benefits of using the system. As stated Avista, filing of these contracts or tariffs 114. The Commission notes that above, the Reliability Standards do not under section 205 should ensure the Avista uses the Commission’s statement prescribe the form through which each equitable treatment of reliability that it ‘‘clarifies that it did not intend to reliability coordinator must provide entities, provide a mechanism for change existing contracts, impose new evidence of its clear decision-making redress in the event of inequitable organizational structures or otherwise authority to act and to direct actions to treatment, and provide a basis for the affect existing agreements that set forth be taken by certain entities. To that end, Commission’s determination that the the responsibilities of various it is unnecessary to require each Reliability Standards approved by Order entities’’ 87 for the proposition that the reliability coordinator to file a contract No. 693 are just and reasonable. Commission did not intend to change or or tariff. otherwise affect existing agreements 118. We deny Santa Clara’s request for x. Commission Determination about reliability coordinator functions. rehearing. In Order No. 693, the 112. In response to Avista, the We disagree with Avista on this point. Commission noted that various Commission clarifies that a reliability The Commission made this statement commenters provided specific coordinator’s authority to issue regarding the responsibility for suggestions to improve or otherwise directives arises out of the functions in the Functional Model, modify a Reliability Standard that Commission’s approval of Reliability especially regarding ISOs, RTOs or any address issues not raised in the NOPR. Standards that mandate compliance organizations that pool resources. In In such circumstances, the Commission with such directives. Avista is correct that statement, we clarified that we were directed the ERO to consider such that contracts are unnecessary to not changing any contract to which an comments as it modifies the Reliability authorize reliability coordinators to ISO, RTO or pooled resource Standards during the three-year review issue directives. Under the voluntary organization is a party as to who must cycle contemplated by NERC’s Work reliability scheme in place prior to comply with specific requirements of Plan through the ERO Reliability section 215 of the FPA, a contractual the Reliability Standards. Standards development process. The basis was needed to assure that entities 115. In response to Avista’s arguments Commission, however, did not direct would comply with a reliability regarding Measure M2 of IRO–001–1, any outcome other than that the coordinator’s directive. Pursuant to the the Commission does not believe that comments receive consideration.88 current, mandatory reliability scheme this measure imposes a requirement that 119. However, the Commission established by statute, contracts are no reliability coordinators must have denied Santa Clara’s specific request to longer needed. We view the concerns contracts in place. Measure M–2 of IRO– modify Requirement R3 of IRO–001–1, raised by Avista as part of the transition 001–1 requires each reliability explaining that, when system integrity from a voluntary to mandatory scheme. coordinator to have and provide upon or reliability is jeopardized, e.g., when Although, as noted by Avisa, IRO–001– request evidence that it has the IROLs or SOLs are exceeded, the 1 retains references to contracts, we authority to have clear decision-making relevant reliability entities must take view these as vestiges of an earlier authority to act and to direct actions to corrective control actions to return the program that no longer control given the be taken by certain users, owners and system to a secure and reliable state as current, mandatory mechanism. operators within its area to preserve the soon as possible but not longer than 30 113. Avista’s assertion that, if integrity and reliability of the bulk minutes.89 The Commission believes transmission operators, balancing electric system. Neither the Reliability that this reaction time has been vetted authorities or other reliability entities Standard nor the Commission through the industry and that the 30- are subject to a non-contractual duty prescribed the form of such evidence. minute time limit for action is important 116. Avista’s concerns regarding imposed by the Commission under to minimize the amount of time the whether existing contracts, including Order No. 693 to comply with the system operates in an insecure mode those regarding the contracts with directives of a reliability coordinator, and is vulnerable to cascading outages. the Commission should have clearly PNSC, and whether contracts, generally, indicated such a requirement, is not have been superseded or rendered moot 6. IRO–005–1 and IRO–005–2 justified. First, the Commission believes or unnecessary by Order No. 693 are 120. IRO–005–1 ensures energy that this duty was clearly laid out in the beyond the scope of this proceeding. balance and transmission reliability for Reliability Standards themselves. This proceeding established mandatory the current day by identifying tasks that However, the duty to comply with Reliability Standards, including those reliability coordinators must perform Reliability Standards is imposed by pertaining to directions by reliability throughout the day. Order No. 693 section 215 of the FPA, not by contract. coordinators. Reliability coordinator approved Reliability Standard IRO–005– The Reliability Standards approved by contracts are not before the Commission 1. the Commission include requirements in this proceeding. Therefore, the y. Requests for Rehearing that certain users, owners and operators Commission cannot rule here on any of the Bulk-Power System follow issue regarding such contracts. 121. TANC requests clarification as to directions given by the reliability 117. The Commission denies Avista’s whether the Commission intended to coordinators.86 The duty to follow such request that the Commission require approve IRO–005–1 or IRO–005–2 in reliability coordinators to develop and Order No. 693. Although the 86 For example, Requirement R9 of IRO–001–1 file contracts or tariffs that govern their Commission states that it approves IRO– states that transmission operators, balancing reliability coordination authority and 005–1,90 TANC notes that NERC authorities, generator operators, transmission activities. The Commission understands submitted a later version, IRO–005–2, in service providers, load-serving entities, and that reliability must be a primary goal. purchasing-selling entities shall comply with Reliability Coordinator directives unless such Each user, owner and operator of the 88 See id. at P 188. actions would violate safety, equipment, or 89 Id. at P 898. regulatory or statutory requirements. 87 Order No. 693 at P 141. 90 See Id. at P 945, 951.

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its November filing. Therefore, TANC summary paragraph directed the ERO to to improve the quality of system seeks clarification that the Commission apply the standard to transmission modeling data and data exchange intended to approve IRO–005–1, rather operators and transmission planners, in practices. ISO-New England notes that than the more recently filed IRO–005– addition to planning authorities.92 the Blackout Report indicates that 2. TANC states that the inclusion of ‘‘after-the-fact models developed to simulate August 14 conditions and z. Commission Determination transmission operators and transmission planners was neither mentioned in the events found that the dynamic modeling 122. The Commission grants TANC’s NOPR nor discussed in Order No. 693. assumptions for generator and load request for clarification. As stated in In the alternative, TANC requests power factors in regional planning and Order No. 693, the Commission rehearing. operating models were frequently approved version one of IRO–005.91 126. ISO-New England requests inaccurate.’’ 96 Further, ISO-New 7. MOD–013–1 rehearing of the Commission’s England states that the Task Force determination to (1) permit entities to commented that, during the 123. MOD–013–1 requires the estimate dynamics data if they are investigation process, it too found that regional reliability organizations within unable to obtain unit specific data for data was frequently not available.97 an Interconnection to develop any reason; (2) require verification of Consequently, ISO-New England comprehensive dynamics data the dynamic models with actual maintains that the Task Force requirements and reporting procedures disturbance data; and (3) expand the recommended the collection of needed to model and analyze the applicability section to include the validated data.98 dynamic behavior and response of each planning authority, transmission 129. Finally, ISO-New England states Interconnection. More specifically, the operator and transmission planner. ISO- that Order No. 693 leaves too much regional reliability organization, in New England states that the unclear in terms of its direction that coordination with its transmission Commission’s direction to the ERO to entities should be permitted to estimate owners, transmission planners, modify MOD–013–1 appears internally dynamics data if unit specific data is generator owners and resource planners inconsistent with other positions the unavailable ‘‘for any reason.’’ According within an Interconnection, is required Commission took in Order No. 693. to ISO-New England, this exemption to: (1) Participate in development of First, ISO-New England notes that the appears ‘‘overbroad’’ and could serve as documentation for their Interconnection Commission required the ERO to modify the basis for an asset owner’s rejection data requirements and reporting MOD–013–1 because it would allow the of any reasonable request for the unit procedures; (2) participate in the review use of estimated data but, at the same specific data. ISO-New England requests of those data requirements and reporting that, if the Commission retains its procedures at least every five years; and time, required ‘‘verification of the direction to permit entities to estimate (3) make the data requirements and dynamic models with actual dynamics data, that it narrow the scope reporting procedures available to NERC disturbance data.’’ 127. Second, ISO-New England of the exemption that asset owners may and other specified entities upon observes that the Commission stated in employ in providing unit specific data. request. Order No. 693 that ‘‘[f]ailure to provide 124. Because MOD–013–1 is a fill-in- bb. Commission Determination the data needed for dynamics system the-blank standard, the Commission 130. The Commission denies TANC’s stated that it will not approve or remand modeling and simulation would halt regional reliability assessment processes request for rehearing. TANC correctly MOD–013–1 until the ERO submits identifies that the Commission did not additional information. However, the and impede planners from accurately approve or remand MOD–013–1, but Commission directed the ERO to predicting future system conditions, provided direction to the ERO develop a modification to MOD–013–1 which would be detrimental to system 93 concerning the addition of entities not to (1) permit entities to estimate reliability.’’ Further, ISO-New already identified in the Reliability dynamics data if they are unable to England points to the Commission’s Standard. Although we acknowledge obtain unit specific data for any reason; statement in Order No. 693 that it that Order No. 693 did not include a (2) require verification of the dynamic believes ‘‘to achieve the goal of this discussion of the addition of models with actual disturbance data and Reliability Standard of having the transmission operators and transmission (3) expand the applicability section to ability to accurately model and analyze planners in the applicability section of include the planning authority, the dynamic behavior and response of transmission operator and transmission each Interconnection, it is necessary to this Reliability Standard, in directing planner. have accurate data.’’ 94 In sum, ISO-New the ERO to apply MOD–013–1 to England argues that just as the transmission operators and transmission aa. Requests for Rehearing Commission has recognized the planners, we recognized that 125. TANC requests that the importance of accurate data with respect transmission operators and transmission Commission clarify that it erred in to the administration of other NERC planners would be required to perform directing the ERO to apply MOD–013– Reliability Standards, the Commission coordination functions under 1 to transmission operators and should equally recognize the Requirement R1 of MOD–013–1. transmission planners. Although the importance with regard to MOD–013–1. Therefore, the Commission directed the Commission left Reliability Standard 128. Further, ISO-New England argues ERO to specifically include MOD–013–1 pending, TANC asserts that that the Blackout Report suggests that transmission operators and transmission the Commission stated that it would actual data should be required.95 planners in the applicability section of adopt the NOPR proposal to expand the Specifically, ISO-New England points to MOD–013–1 so as to be clear what the applicability section to include the Blackout Report’s recommendation Commission considers to be the planning authorities, but in a later minimum applicability of this 92 Compare Order No. 693 at P 1199; 1200. 91 The Commission notes that many provisions of 93 Id. at P 1177. 96 Blackout Report at 160. IRO–005–2 only become effective when BAL–002 is 94 Id. at P 1188. 97 Id. at 161. retired. If and when NERC proposes to retire BAL– 95 ISO-New England at 4, citing Blackout Report 98 ISO-New England at 4, citing Blackout Report 002, we will make a determination on IRO–005–2. at 160–61. at 160–61.

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Reliability Standard and to make the underfrequency event by requiring the APPA asserts that PRC–006–0 sets forth Reliability Standard internally transmission owner, transmission very specific requirements that each consistent. operator, load-serving entity and regional UFLS program must meet. 131. In response to ISO-New distribution provider to document the 136. APPA asserts that PRC–007–0, England’s concerns, the Commission deployment of their UFLS systems in PRC–008–0 and PRC–009–0 go much notes that the data referenced in accordance with the regional reliability further than imposing data Requirement R1.1 include ‘‘items such organization’s program. Order No. 693 requirements. APPA states that PRC– as inertia constant, damping coefficient, approved Reliability Standards PRC– 007–0 requires, among other things, that saturation parameters, and direct and 007–0, PRC–008–0,102 and PRC–009– any transmission owner and quadrature axis reactances and time 0.103 distribution provider with a UFLS constants, excitation systems, voltage 133. These Reliability Standards program must ensure that its UFLS regulators, turbine-governor systems, reference PRC–006–0, which the program is consistent with its regional power system stabilizers, and other Commission did not approve or remand reliability organization’s UFLS program associated generation equipment.’’ because the regional procedures requirements. PRC–008–0 requires Much of these data will be estimated required by the Reliability Standard had transmission owners and distribution from similar classes of facilities prior to not been submitted and because it providers to implement UFLS the facilities going into service. The applies to regional reliability equipment maintenance and testing Commission clarifies that its organizations.104 The Commission programs and provide program results determination to permit entities to reasoned that since PRC–007–0, PRC– to the regional reliability organization. estimate dynamics data if they are 008–0, and PRC–009–0 are existing Finally, APPA maintains that PRC– unable to obtain unit specific data for Reliability Standards that have been 009–0 requires a transmission owner, any reason is limited to the initial followed on a voluntary basis, transmission operator, load-serving analysis of dynamics data. While we transmission owners, transmission entity, and distribution provider that continue to believe that ‘‘[a]chieving the operators, distribution providers and owns or operates a UFLS program to most accurate possible picture of the load-serving entities are generally aware analyze performance under that dynamic behavior of the of their requirements. In addition, the unapproved program. According to Interconnection requires the use of Commission stated that a reference in an APPA, because the required UFLS actual data,’’ 99 we acknowledge that, in approved Reliability Standard to an program has not been approved or certain circumstances, actual data may unapproved Reliability Standard may be reviewed by the Commission under not be initially available and only considered in an enforcement action, PRC–006–0, users, owners and operators obtained through ‘‘verification of the but is not a reason to delay approving of the Bulk-Power System cannot be dynamic models with actual and enforcing this Reliability Standard. required to have a program consistent disturbance data.’’ In addition, in Order with it. cc. Request for Rehearing No. 693, we determined that ‘‘the 137. APPA maintains that the fact that Reliability Standard should include 134. APPA requests rehearing of these three Reliability Standards apply Requirements that such estimates be Commission approval of PRC–007–0, to specific users, owners and operators based on sound engineering principles PRC–008–0, and PRC–009–0. As of the Bulk-Power System, rather than a and be subject to technical review and discussed more fully in the section regional reliability organization, does approval of any estimates at the regional concerning ‘‘Fill-in-the-Blank Standards not justify approval of a reliability level.’’ 100 This procedure would allow above,105 APPA believes that each of standard that requires users, owners and peer review and approval at a regional these three Reliability Standards cannot operators of the Bulk-Power System to level such that an entity could not avoid be approved because it references a fill- comply with regional UFLS programs using sound engineering principles in in-the-blank standard that was not that have not been approved by NERC, obtaining the initial data for the model. approved or remanded by the and have not been shown to meet the Commission. procedural and substantive 8. PRC–007–0, PRC–008–0, and PRC– 135. According to APPA, PRC–006–0 requirements of section 215 of the FPA 009–0 is the Reliability Standard that requires and Order No. 672 for Reliability 132. PRC–007–0 requires transmission the development of regional UFLS Standards that qualify for approval and owners, transmission operators, load- programs and contains detailed and enforcement by the ERO and this serving entities and distribution exacting requirements that the regions Commission. Further, APPA contends providers to provide, and annually develop and apply to applicable that, although the Commission appears update, their underfrequency data to entities. According to APPA, PRC–006– to have approved these Reliability facilitate the regional reliability 0 is the source of the design and Standards in part because they have organization’s maintenance of the UFLS documentation of regional UFLS ‘‘been followed on a voluntary basis,’’ program database.101 PRC–008–0 programs and is not merely many small entities have often not been requires transmission owners and administrative or a simple codification part of regional reliability organizations distribution providers to implement of established industry practice. Rather, and have not necessarily been aware of, UFLS equipment maintenance and much less followed, regional programs testing programs and provide program 102 The Commission also directed the ERO to on a voluntary basis. results to the regional reliability develop a modification to PRC–008–0 that includes organization. PRC–009–0 ensures that a requirement that maintenance and testing of a dd. Commission Determination protection system must be carried out within a the performance of a UFLS system is maximum allowable interval that is appropriate to 138. We deny APPA’s request for analyzed and documented following an the type of the protection system and its impact on rehearing and affirm our approval of the reliability of the Bulk-Power System. The Reliability Standards PRC–007–0, PRC– 99 Order No. 693 at P 1197. Commission’s direction to modify PRC–008–0 is not 008–0 and PRC–009–0. However, as 100 Id. at issue in this proceeding. 103 explained below, we clarify that the 101 A UFLS program is a ‘‘safety net’’ that will Order No. 693 at P 1484, 1491, and 1498. 104 limited provisions that relate to the automatically drop load at specific locations in the Id. at P 1479. power system in an effort to re-establish the balance 105 See section II.C.2., 2. Fill-in-the-Blank regional UFLS program developed between generation and load to avoid cascading. Standards, supra. under PRC–006–0 are not enforceable

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until the Commission approves PRC– database.’’ 107 It is vital to maintain this Commission approves PRC–006–0, 006–0.106 Specifically, any entity that is safety net that each registered because Requirement R1 would responsible for compliance with PRC– transmission owner, transmission essentially require compliance with an 007–0, PRC–008–0 or PRC–009–0 that operator, distribution provider and load- unapproved Reliability Standard. currently does not have a UFLS program serving entity with a UFLS system has Because Requirement R1 of PRC–007–0 is not required to develop such a a program to annually review the is not enforceable until the Commission program until PRC–006–0 is approved. location of their UFLS devices and the approves PRC–006–0, a transmission Likewise, a responsible entity with an magnitude of load that can be owner’s or distribution provider’s UFLS existing UFLS program is not required collectively activated as necessary.108 program cannot be judged for to comply with a regional UFLS The reason for the annual review is that compliance with the unapproved program until the Commission approves it is not unusual for loads to be regional UFLS program. PRC–006–0. An explanation for this switched among distribution feeders 145. While the Commission will not determination follows. and, with load growth, additional enforce compliance with PRC–006–0, 139. Each of the requirements in PRC– distribution feeders may need to be the possible reduction in the amount of 007–0, PRC–008–0 and PRC–009–0, included to meet the requirements of load available for underfrequency load with the exception of Requirement R1 in the entities’ UFLS program. In addition, shedding can negatively impact the PRC–007–0, apply only to those entities it is necessary to verify that sensitive Reliable Operation of the Bulk-Power that have a UFLS program. Therefore, and critical loads such as hospitals and System. Because of the importance of contrary to APPA’s assertion, PRC–007– high impact facilities continue to be the UFLS programs and the fact that 0, PRC–008–0 and PRC–009–0 do not excluded from the load shedding there currently are no Commission- require any entity that does not have a program. While it may be necessary to approved Reliability Standards by UFLS program to develop one. That shed load to preserve the Bulk-Power which to judge individual UFLS requirement would fall under PRC–006– System, it is also good public policy to programs, the Commission believes it is 0. To be clear, the Commission will not limit the nature of the facilities that important to monitor the current UFLS impose a penalty for the failure to have could be interrupted. programs so that we can consider if they a UFLS program until such time as 142. PRC–008–0, Requirement R1 provide an adequate safety net for the PRC–006–0 or a suitable substitute, and states that the applicable entities ‘‘shall Bulk-Power System. Therefore, the the attendant regional UFLS programs, have a UFLS equipment maintenance Commission directs the ERO to collect are approved. and testing program in place.’’ These the frequency and magnitude of load in 140. However, we disagree with programs are in place to assure that this UFLS systems from applicable entities APPA that the fact that Requirement R1 last resort system, which has been for this summer, from date of order references the regional UFLS program proven to be necessary to limit the through September 30, 2007, and precludes us from approving PRC–007– geographic scope of blackouts, operates perform an analysis as to the ability of 0, PRC–008–0 and PRC–009–0, which as expected when required to in the existing system to provide the provide for updating an entity’s UFLS accordance with the reliability required last resort function within 90 program (PRC–007–0), maintaining the assessments. days of this order. This analysis should entity’s UFLS facilities (PRC–008–0), 143. PRC–009–0, Requirement R1 consider if the existing UFLS plans and reporting on events that involve the identifies what analysis must be together provide an adequate safety net entity’s UFLS (PRC–009–0). Rather, we completed by the applicable entities for the Bulk-Power System. uphold our earlier decision to approve after an underfrequency event. It states 146. In discussing potential these three Reliability Standards with that ‘‘[t]he analysis shall address the ambiguities in the proposed Reliability the clarification that Requirement R1 of performance of UFLS equipment and Standards in Order No. 693, the PRC–007–0 is not enforceable until the program effectiveness following system Commission stated that, even if some Commission approves PRC–006–0. We events resulting in system frequency clarification of a particular Reliability further clarify, consistent with our excursions below the initializing set Standard would be desirable at the discussion above, that, until PRC–006– points of the UFLS program.’’ This outset, making it mandatory allows the 0 is approved, an entity that does not requirement assures that actual data on ERO and the Regional Entities to currently have a UFLS program is not the operation of the UFLS system can be provide that clarification on a going- required to develop one or to comply correlated with simulations to provide a forward basis while still requiring with PRC–007–0, PRC–008–0 and PRC– check on how well the UFLS system is compliance with Reliability Standards 009–0. However, an applicable entity performing its last resort function. that have an important reliability 109 that currently has a UFLS program must 144. Requirement R1 of PRC–007–0 goal. We believe that this principle requires the transmission owner and continue to maintain that program as applies equally to a Reliability Standard distribution provider to ‘‘ensure that its required by these three Reliability where one Requirement may not be UFLS program is consistent with its Standards. As discussed below, the enforceable, but the Reliability Standard Regional Reliability Organization’s Requirements of PRC–007–0, PRC–008– must be approved to enable enforcement UFLS program requirements.’’ Because 0 and PRC–009–0 are necessary for of other Requirements. the regional UFLS program would be 147. The reliability goal of PRC–007– Bulk-Power System reliability and are developed pursuant to PRC–006–0, and 0, PRC–008–0 and PRC–009–0 is to not dependent on PRC–006–0. 141. PRC–007–0, Requirement R2 the Commission has not approved or provide last resort system preservation remanded that Reliability Standard, we measures by implementing an UFLS states that the applicable entities ‘‘shall agree with APPA that Requirement R1 program. The Commission believes that provide, and annually update, its cannot be enforced as written until the this is an important reliability goal. The underfrequency data as necessary for its Commission understands that, until Regional Reliability Organization to 107 While Requirement R2 identifies the regional maintain and update a UFLS program reliability organization, we note that this 109 Order No. 693 at P 277. See also Order No. 693 information should go to the Regional Entity or the at P 147, 157–58, explaining that the Commission 106 Such provisions would similarly be ERO as the entities with statutory authority under was approving and requiring modification to five enforceable if NERC develops and the Commission section 215 of the FPA. Reliability Standards that apply partially to a approves a substitute for PRC–006–0. 108 Blackout Report at 62. regional reliability organization.

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PRC–006–0 is approved, the UFLS distribution provider that already has a 006–0, PRC–007–0, PRC–008–0 and program implemented will not be the UFLS program must develop its own PRC–009–0 only apply to those entities one envisioned in PRC–006–0. We equipment maintenance and testing that already have a UFLS program, these believe that, where a user, owner or program that complies with PRC–008–0. Reliability Standards do not require any operator does have a UFLS program, the The Commission believes it is of great entity that does not have a UFLS data retention and reporting importance to Bulk-Power System program to develop one, and the requirements incorporated in these reliability for such entities to perform Commission will not impose a penalty Reliability Standards serve an extremely such maintenance and testing. Because for an entity’s failure to have a UFLS important goal of providing last resort the maintenance and testing programs program until the Commission approves system preservation measures. NERC do not rely on regional reliability PRC–006–0. Further, until PRC–006–0 can analyze the information to monitor organization requirements, but are, has been approved, a UFLS program whether the last resort system rather, developed by the applicable cannot be judged for compliance with preservation measures are sufficient in entity itself, the Commission continues an unapproved regional UFLS program. the aggregate for the entire Bulk-Power to believe that this Reliability Standard Therefore, the Commission clarifies System. Although the ERO and Regional is enforceable regardless of whether the that, until PRC–006-has been approved, Entities cannot penalize a user, owner Commission has approved PRC–006–0. only the data retention and reporting or operator for an insufficient UFLS 150. Finally, the Commission does not requirements, as well as the program until the Commission approves believe that the fact that PRC–006–0 has requirements for maintenance, testing PRC–006–0, collection, analysis and not been approved or remanded requirements and analysis of UFLS submission of the UFLS information necessitates granting rehearing of our performance following a triggering event described above will provide NERC and approval of PRC–009–0. This Reliability in PRC–007–0, PRC–008–0 and PRC– the Commission with invaluable Standard requires a transmission owner, 009–0, are mandatory and enforceable. information regarding the reliability of transmission operator, load-serving the Bulk-Power System. entity and distribution provider that 9. TOP–008–1 148. We further believe that, other owns or operates a UFLS program to 153. TOP–008–1 requires a than R1 in Reliability Standard PRC– analyze and document its UFLS transmission operator to take immediate 007–0, the Requirements in the PRC program performance in accordance steps to mitigate System Operating Reliability Standards are independently with its regional reliability Limit (SOL) and Interconnection enforceable. For example, R2 of organization’s UFLS program. The Reliability Operating Limit (IROL) Reliability Standard PRC–007–0 Commission acknowledges, as stated violations. Order No. 693 approved requires a transmission owner or above, that currently there is no Reliability Standard TOP–008–1.110 distribution provider with a UFLS Commission-approved UFLS program. Order No. 693 summarized TOP–008–1 program to provide, and annually However, R1 of PRC–009–0 also as requiring a transmission owner to update, its underfrequency data. includes independent criteria by which take immediate steps to mitigate SOL Although R2 contains the phrase ‘‘(as a user, owner or operator of the Bulk- and IROL violations.111 required by its Regional Reliability Power System must analyze its UFLS ee. Requests for Rehearing Organization),’’ the Commission program. R1 states that: believes that it is of vital importance for 154. TANC requests clarification that The analysis shall address the performance the transmission owner and distribution the Commission intended to use the provider to update its UFLS data of UFLS equipment and program effectiveness following system events term transmission operator, rather than annually and provide it to the ERO. resulting in system frequency excursions transmission owner, as the correct Because we have not approved any below the initializing set points of the UFLS applicable entity in Reliability Standard regional programs, this parenthetical program. The analysis shall include, but not TOP–008–1.112 TANC states that the currently has no meaning in the context be limited to: text of the ERO-proposed Reliability of the approved Reliability Standard. R1.1. A description of the event including Standard lists the transmission operator Therefore, the Commission believes that initiating conditions. as the only entity to which TOP–008– these three Reliability Standards only R1.2. A review of the UFLS set points and 1 applies. Alternatively, TANC requests tripping times. apply to those entities that have a UFLS rehearing. program, irrespective of whether a R1.3. A simulation of the event. R1.4. A summary of the findings. region requires it. ff. Commission Determination 149. The Commission also denies 151. R2 of PRC–009–0 further requires 155. The Commission will grant rehearing of our approval of PRC–008– the transmission owner, transmission TANC’s request for clarification. TANC 0. This Reliability Standard requires operator, load-serving entity and is correct that the Commission’s use of each transmission owner and distribution provider to provide the term transmission owner, rather distribution provider with a UFLS documentation of the analysis of the than transmission operator, was in error. program to have a UFLS program in UFLS program to its regional reliability The transmission operator is the correct place that includes UFLS equipment organization and NERC on request after applicable entity in Reliability Standard identification and the schedule for a system event. This analysis will better TOP–008–1. UFLS equipment testing and enable NERC to analyze system events maintenance. PRC–008–0 further and determine what actions need to be III. Information Collection Statement requires each transmission owner and taken to ensure the Reliability of the 156. Order No. 693 contains distribution provider with a UFLS Bulk-Power System. information collection requirements for program to implement its UFLS 152. Therefore, the Commission which the Commission obtained equipment maintenance and testing denies rehearing of our approval of approval from the Office of Management program and provide UFLS PRC–007–0, PRC–008–0 and PRC–009– and Budget (OMB). Given that this maintenance and testing program results 0. To be clear, we recognize that R1 of to its regional reliability organization PRC–007–0 is not enforceable until the 110 Id. at P 1679. and NERC on request. In this Reliability Commission approves PRC–006–0. 111 See id. at P 1675. Standard, any transmission owner or Because, prior to that approval of PRC– 112 See id.

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Order on Rehearing does not revise the reliquidations. These technical merely conform to the statutory regulation text of Order No. 693 and corrections conform § 173.3 to 19 U.S.C. amendments to 19 U.S.C. 1501 effected makes only minor clarifications to Order 1501, as amended by section 2107 of the by section 2107 of the Miscellaneous No. 693, OMB approval for this order is Miscellaneous Trade and Technical Trade and Technical Corrections Act of not necessary. However, the Corrections Act of 2004, which permits 2004, pursuant to 5 U.S.C. 553(b)(B), Commission will send a copy of this Customs and Border Protection to CBP finds that good cause exists for order to OMB for informational voluntarily reliquidate entries that are dispensing with notice and public purposes. deemed liquidated by operation of law. procedure as unnecessary. For this same DATES: reason, pursuant to 5 U.S.C. 553(d)(3), IV. Document Availability Effective Date: July 25, 2007. FOR FURTHER INFORMATION CONTACT: CBP finds that good cause exists for 157. In addition to publishing the full Richard B. Wallio, Office of dispensing with the requirement for a text of this document in the Federal International Trade, Customs and delayed effective date. Register, the Commission provides all Border Protection, Tel. (202) 344–2556. The Regulatory Flexibility Act interested persons an opportunity to SUPPLEMENTARY INFORMATION: view and/or print the contents of this Because this document is not subject Background document via the Internet through to the notice and public procedure FERC’s Home Page (http://www.ferc.gov) This document makes technical requirements of 5 U.S.C. 553, it is not and in FERC’s Public Reference Room corrections to § 173.3 of title 19 of the subject to the provisions of the during normal business hours (8:30 a.m. Code of Federal Regulations (19 CFR Regulatory Flexibility Act (5 U.S.C. 601 to 5 p.m. Eastern time) at 888 First 173.3) to conform to changes to that et seq.). Street, NE., Room 2A, Washington, DC section’s underlying statutory authority. 20426. Section 173.3 concerns the Executive Order 12866 158. From FERC’s Home Page on the voluntarily reliquidation of entries and These amendments do not meet the Internet, this information is available on provides that within 90 days from the criteria for a ‘‘significant regulatory eLibrary. The full text of this document date notice of the original liquidation is action’’ as specified in E.O. 12866. is available on eLibrary in PDF and given to the importer, consignee, or Microsoft Word format for viewing, agent, the port director may reliquidate Signing Authority printing, and/or downloading. To access on his own initiative a liquidation or this document in eLibrary, type the reliquidation to correct errors in This document is being issued in docket number, excluding the last three appraisement, classification, or any accordance with 19 CFR 0.1(a)(1). digits of this document, in the docket other element entering into the List of Subjects in 19 CFR Part 173 number field. liquidation or reliquidation. 159. User assistance is available for Section 501 of the Tariff Act of 1930, Administrative practice and eLibrary and the FERC’s Web site during as amended (19 U.S.C. 1501), provides procedure, Customs duties and normal business hours from our Help the statutory authority for voluntary inspection. reliquidations and states that Customs line at (202) 502–8222 or the Public Amendment to the Regulations Reference Room at (202) 502–8371 Press and Border Protection (CBP) may reliquidate an entry within 90 days from 0, TTY (202) 502–8659. E-Mail the I For the reasons stated above, part 173 the date on which notice of the original Public Reference Room at of title 19 of the Code of Federal liquidation is given or transmitted to the [email protected]. Regulations is amended as set forth importer, his consignee or agent. By the Commission. below. Section 1501 was amended by section Kimberly D. Bose, 2107 of the Miscellaneous Trade and Secretary. PART 173—ADMINISTRATIVE REVIEW Technical Corrections Act of 2004 (Pub. IN GENERAL [FR Doc. E7–14340 Filed 7–24–07; 8:45 am] L. 108–429, 118 Stat. 2598) to include BILLING CODE 6717–01–P ‘‘deemed liquidations’’ of 19 U.S.C. I 1. The authority citation for part 173 1504 as among the types of liquidations continues to read as follows: CBP is authorized to voluntarily DEPARTMENT OF HOMELAND reliquidate. The date of original Authority: 19 U.S.C. 66, 1501, 1520, 1624. SECURITY liquidation of an entry that liquidated * * * * * by operation of law is the date of I 2. In § 173.3, paragraph (a) is amended Bureau of Customs and Border deemed liquidation. by revising the first sentence to read as Protection This document makes technical follows: corrections to § 173.3 to conform to the 19 CFR Part 173 broadened scope of 19 U.S.C. 1501, as § 173.3 Voluntary reliquidation. [CBP Dec. 07–62] amended, which authorizes CBP to voluntarily reliquidate entries that have (a) Authority to reliquidate. Within 90 days from the date notice of deemed Technical Correction: Voluntary been deemed liquidated by operation of law pursuant to 19 U.S.C. 1504. liquidation or notice of the original Reliquidation of Deemed Liquidated liquidation is given to the importer, Entries Examples of types of entries which may be deemed liquidated by operation of consignee, or agent, the port director AGENCY: Customs and Border Protection, law are countervailing duty (CVD), may reliquidate on his own initiative a Homeland Security. antidumping (AD), or drawback entries. liquidation or a reliquidation to correct errors in appraisement, classification, or ACTION: Final rule. Inapplicability of Public Notice and any other element entering into the SUMMARY: This document amends title Comment Requirement and Delayed liquidation or reliquidation, including 19 of the Code of Federal Regulations by Effective Date Requirement errors based on misconstruction of making technical corrections to § 173.3, Because the technical corrections to applicable law. * * * which provides for voluntary 19 CFR 173.3 set forth in this document * * * * *

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Dated: July 20, 2007. Persons seeking registration must business information to be redacted Deborah J. Spero, apply on or before August 24, 2007 in within the comment. If a comment has Acting Commissioner, Customs and Border order to continue their business pending so much confidential business Protection. final action by DEA on their application. information that it cannot be effectively [FR Doc. E7–14406 Filed 7–24–07; 8:45 am] Written comments must be postmarked, redacted, all or part of that comment BILLING CODE 9111–14–P and electronic comments must be sent, may not be posted on http:// on or before September 24, 2007. www.regulations.gov. ADDRESSES: To ensure proper handling Personal identifying information and DEPARTMENT OF JUSTICE of comments, please reference ‘‘Docket confidential business information No. DEA–284I’’ on all written and identified and located as set forth above Drug Enforcement Administration electronic correspondence. Written will be redacted and placed in the comments being sent via regular mail agency’s public docket file, and, where 21 CFR Part 1310 should be sent to the Deputy possible, posted online. If you wish to inspect the agency’s public docket file [Docket No. DEA–284I] Administrator, Drug Enforcement Administration, Washington, DC 20537, in person by appointment, please see RIN 1117–AB11 Attention: DEA Federal Register the FOR FURTHER INFORMATION paragraph. Representative/ODL. Written comments FOR FURTHER INFORMATION CONTACT: Elimination of Exemptions for sent via express mail should be sent to Christine A. Sannerud, PhD, Chief, Drug Chemical Mixtures Containing the List DEA Headquarters, Attention: DEA & Chemical Evaluation Section, Office I Chemicals Ephedrine and/or Federal Register Representative/ODL, of Diversion Control, Drug Enforcement Pseudoephedrine 2401 Jefferson-Davis Highway, Administration, Washington, DC 20537, telephone (202) 307–7183, fax (202) AGENCY: Drug Enforcement Alexandria, VA 22301. Comments may Administration (DEA), Department of be sent directly to DEA electronically by 353–1263, or e-mail [email protected]. Justice. sending an electronic message to SUPPLEMENTARY INFORMATION: ACTION: Interim rule with request for [email protected]. I. Background comments. Comments may also be sent electronically through http:// Status of Dietary Supplements SUMMARY: This Interim Rule removes the www.regulations.gov using the Containing Ephedrine and/or Controlled Substances Act (CSA) electronic comment form provided on Pseudoephedrine exemptions for chemical mixtures that site. An electronic copy of this Dietary supplements containing the containing ephedrine and/or document is also available at the List I chemicals ephedrine or pseudoephedrine with concentration http://www.regulations.gov Web site. pseudoephedrine are regulated as limits at or below five percent. The DEA will accept attachments to chemical mixtures under the Controlled Combat Methamphetamine Epidemic electronic comments in Microsoft Word, Substances Act (CSA). DEA originally Act of 2005 (CMEA) added additional WordPerfect, Adobe PDF, or Excel file exempted these products from CSA controls on ephedrine and formats only. DEA will not accept any regulatory control if the total pseudoephedrine and mandated that file format other than those specifically concentration of the ephedrine and/or DEA limit the domestic production and listed here. pseudoephedrine was at or below five importation of materials containing Posting of Public Comments: Please percent, in an effort to reduce the ephedrine and pseudoephedrine to note that all comments received are regulatory burden on the dietary and quantities necessary for medical, considered part of the public record and nutritional supplement industry (68 FR scientific and other legitimate purposes made available for public inspection 23195, May 1, 2003). However, on (21 U.S.C. 952(a)(1) as amended). DEA online at http://www.regulations.gov. February 11, 2004, the Food and Drug is eliminating exemptions for these Such information includes personal Administration (FDA) issued a Final chemical mixtures. As such, all identifying information (for example, Rule (69 FR 6787) declaring dietary ephedrine and pseudoephedrine name, address, etc.) voluntarily supplements containing ephedrine chemical mixtures, regardless of submitted by the commenter. alkaloids adulterated under the Federal concentration and form, shall be subject If you want to submit personal Food, Drug, and Cosmetic Act (the to the regulatory provisions of the CSA. identifying information (such as your FFD&C Act) because these dietary DEA is not prohibiting the name, address, etc.) as part of your supplements present an unreasonable importation, exportation, manufacture, comment, but do not want it to be risk of illness or injury. Effective April or distribution of chemical mixtures posted online, you must include the 12, 2004, the rule prohibits the sale of containing ephedrine or phrase ‘‘PERSONAL IDENTIFYING dietary supplements containing pseudoephedrine in concentrations less INFORMATION’’ in the first paragraph ephedrine alkaloids such as ephedra than or equal to five percent. Rather, of your comment. You must also place (also known as Ma Huang, sida DEA is regulating the importation, all the personal identifying information cordifolia and pinellia). The effect of the exportation, manufacture, and you do not want posted online in the FDA rule was to ban the lawful distribution of these chemical mixtures first paragraph of your comment and marketing of these products. by requiring persons who handle these identify the information you want DEA notes that the FDA ban addresses chemical mixtures to register with DEA, redacted. only the marketing of dietary maintain certain records common to If you want to submit confidential supplements containing ephedrine business practice, and file certain business information as part of your alkaloids. The raw materials used to reports, regarding these chemical comment but do not want it to be posted manufacture these dietary supplements mixtures. Chemical mixtures containing online, you must include the phrase are not restricted by the FDA ban. the List I chemicals ephedrine and ‘‘CONFIDENTIAL BUSINESS Accordingly, to control those materials, pseudoephedrine will still be available INFORMATION’’ in the first paragraph DEA must address the importation, for use. of your comment. You must also exportation, manufacture, or DATES: Effective August 24, 2007. prominently identify confidential distribution of chemical mixtures with

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concentration limits of ephedrine and/ alkaloids include sea grape, yellow initial success in curtailing the or pseudoephedrine at or below five horse, joint fir, popotillo, and country diversion of chemicals, traffickers soon percent. The importation, exportation, mallow. Although the proportions of the found and took advantage of certain manufacture, and distribution of various ephedrine alkaloids in botanical shortcomings in the law. In the United chemical mixtures with concentration species vary from one species to States (U.S.), traffickers were able to limits at or below five percent another, in most species used obtain needed supplies by purchasing ephedrine and/or pseudoephedrine are commercially, ephedrine is typically the products that were exempted from addressed by the CSA and its predominant alkaloid in the raw regulation under the CDTA. Such implementing regulations. As there yet material. In addition to chemical products include chemical mixtures. may be legitimate uses for chemical mixtures from synthetic sources, this Chemical Mixture Definition mixtures with concentration limits at or rulemaking includes those plant sources below five percent, the importation, that contain the ephedrine alkaloids, The CDTA created a definition of exportation, manufacture, and ephedrine and/or pseudoephedrine. ‘‘chemical mixture’’ (21 U.S.C. 802(40)), distribution of these chemical mixtures The names desert herb, squaw tea, and exempted chemical mixtures from (for purposes other than use in dietary Brigham tea, and Mormon tea refer to the definition of ‘‘regulated supplements containing ephedrine North American species of ephedra that transaction.’’ (21 U.S.C. 802(39)(A)(vi) alkaloids) are not prohibited by either do not contain ephedrine alkaloids but as amended by CMEA) Chemical FDA’s ban regarding the marketing of have been misused to identify mixtures are defined as ‘‘a combination such dietary supplements or by DEA ephedrine alkaloid containing of two or more chemical substances, at law and regulations. Accordingly, as ingredients. This rulemaking does not least one of which is not a list I discussed further below, for DEA to pertain to species of ephedra that do not chemical or a List II chemical, except regulate the importation, exportation, contain ephedrine and/or that such term does not include any manufacture, and distribution of pseudoephedrine. combination of a List I chemical or a chemical mixtures containing ephedrine List II chemical with another chemical Combat Methamphetamine Epidemic that is present solely as an impurity.’’ and/or pseudoephedrine with Act of 2005 (CMEA) concentration limits at or below five (21 U.S.C. 802(40)) percent, DEA must remove these On March 9, 2006, the President signed the Combat Methamphetamine Chemical Mixtures Containing chemical mixtures from their exempt Ephedrine and Pseudoephedrine status under CSA regulations. Epidemic Act of 2005 (CMEA), which is DEA recognizes that ephedra Title VII of the USA PATRIOT Ephedrine and pseudoephedrine are materials containing ephedrine and/or Improvement and Reauthorization Act List I chemicals. Listed chemicals that pseudoephedrine are used legitimately of 2005. The CMEA mandates that DEA are classified as List I chemicals are by practitioners of Traditional Chinese limit the domestic production and important to the manufacture of Medicine. This rulemaking does not importation of materials containing controlled substances. Chemical restrict the utilization of such material ephedrine and pseudoephedrine mixtures containing both these List I for such legitimate purposes. This (including ephedra) to quantities chemicals include dietary and rulemaking will simply require necessary for medical, scientific and nutritional supplements. Prior to FDA’s importers and suppliers of such material other legitimate purposes (21 U.S.C. 826 2004 Final Rule, dietary and nutritional to comply with DEA recordkeeping, and 952(a)(1) as amended). DEA is supplements containing both of these registration, quota and import/export concerned about the illicit use of chemicals were readily available in the requirements. ephedra type material in the clandestine U.S., commonly sold to the public in production of methamphetamine. While drug and grocery stores, health and Plant Material Included in This the legitimate market for dietary nutrition stores, and through direct Regulatory Action supplements containing such material marketing campaigns. These dietary and The ephedrine alkaloids, including, has been cut by FDA’s recent action, nutritional supplements contained among others, ephedrine, DEA has seen an increasing number of ephedra plant material, or extracts from pseudoephedrine, norephedrine, N- requests for importation of below-five the ephedra plant. If these dietary and methylephedrine, norpseudoephedrine, percent ephedrine and/or nutritional supplements met certain N-methylpseudoephedrine, are pseudoephedrine material. DEA notes criteria under the FFD&CA, they were chemical stimulants that occur naturally that there may be legitimate uses for not recognized as drugs under the in some botanicals, but can be these chemical mixtures. However, in FFD&CA, but nonetheless were synthetically derived. The ingredient light of FDA’s action, DEA is concerned considered to be chemical mixtures sources of the ephedrine alkaloids about the intended purpose of such governed by DEA law and regulations. include raw botanicals (i.e., plants) and material, especially given that such In contrast, over-the-counter (OTC) and extracts from botanicals. Ma Huang, material has been seized in clandestine prescription drug products containing ephedra, Chinese Ephedra, and epitonin drug laboratories. these listed chemicals are not are several names used for botanical considered chemical mixtures (as long Chemical Mixture Regulatory Control ingredients, primarily from Ephedra as they are in final FDA approved History sinica Stapf, ephedra equisetina Bunge, labeled package form) and instead are Ephedra intermedia var. tibetica Stapf The Chemical Diversion and specifically addressed in 21 U.S.C. and Ephedra distachya Linne. (the Trafficking Act of 1988 (Pub. L. 100– 802(39)(A)(iv) and (v) as amended by Ephedras), that are sources of ephedrine 690) (CDTA) was passed by Congress to CMEA. Also see 21 CFR alkaloids (including ephedrine and curtail the diversion of specific 1300.02(b)(28)(i). pseudoephedrine). Other plant sources chemicals used in the illicit that contain such ephedrine alkaloids manufacture of controlled substances. Initial Chemical Mixture Controls include Sida cordifolia L. and Pinellia The CDTA established recordkeeping Prior to the Domestic Chemical ternata (Thunb.) Makino. Common and reporting requirements necessary Diversion Control Act of 1993 (DCDCA), names that have been used for the for DEA to identify and track chemical enacted in April of 1994, transactions various plants that contain ephedrine diversion. While the CDTA achieved involving all chemical mixtures

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(including dietary supplements) were regulatory controls. Additionally, the Recent FDA Action Pertaining to Dietary exempt from recordkeeping, registration NPRM defined an application process Supplements Containing Ephedrine and other chemical regulatory control by which manufacturers may apply for Alkaloids requirements of the CSA. The DCDCA an exemption for chemical mixtures that In 2004, FDA issued a Final Rule amended the CSA (21 U.S.C. do not qualify for automatic exemption. declaring dietary supplements The DEA proposed that each chemical 802(39)(A)(v)) to limit the application of containing ephedrine alkaloids be assigned a concentration limit that, if the above stated exemption and ‘‘adulterated’’ under the FFD&C Act (69 found at or below the limit, will cause provided the Attorney General with the FR 6787, February 11, 2004). FDA the mixture to be treated as exempt from authority to exempt a chemical mixture issued this rule after concluding that specific provisions of the CSA. This containing a listed chemical if it is these products present an unreasonable ‘‘formulated in such a way that it cannot quantitative approach to identifying risk of illness or injury. FDA’s Final be easily used in the illicit production regulated mixtures was considered Rule prohibits the sale of these products of a controlled substance’’ and ‘‘the necessary due to the complexity of and FDA has been seizing dietary listed chemical or chemicals contained chemical-based commodities and the supplements containing ephedrine in the mixture cannot be readily huge variety of products. These criteria alkaloids since the Final Rule became recovered.’’ As such, only those were expected to exempt the vast effective in April 2004. The FDA Final chemical mixtures meeting these criteria majority of chemical mixtures Rule addressed the marketing of dietary would be exempted from control. Until containing listed chemicals from supplements containing ephedrine regulations which delineated criteria regulatory control. The NPRM included alkaloids; it did not address the and procedures for exempting specific the proposed creation of a ‘‘Table of chemical mixtures were finalized, as a Concentration Limits,’’ in 21 CFR importation, exportation, manufacture practical interpretation of the law, DEA 1310.12. This table lists the or distribution of ephedrine and/or treated all chemical mixtures, including concentration limits for each listed pseudoephedrine chemical mixtures dietary and nutritional supplements, as chemical. with concentration limits at or below being exempt from the chemical In recognition that not all mixtures five percent, if the chemical mixture is regulatory requirements of the CSA. that qualify for exemption can be not being marketed as a dietary (Note that OTC and prescription drug identified by concentration or category, supplement containing ephedrine products are not considered chemical the DEA also proposed an application alkaloids. DEA notes that there yet may mixtures and are addressed separately process to exempt additional mixtures be legitimate uses for such mixtures. As under 21 U.S.C. 802(39)(A)(iv)). Unless which are not likely to be diverted for there yet may be legitimate uses for exempted pursuant to law and use in the illicit production of chemical mixtures with concentration regulations, the requirements for controlled substances. limits at or below 5 percent, the chemical mixtures included registration DEA originally proposed a importation, exportation, manufacture, for certain handlers of List I chemicals, concentration limit of two percent for and distribution of these chemical recordkeeping, reporting and security. chemical mixtures containing ephedrine mixtures (for purposes other than use in and/or pseudoephedrine. However, dietary supplements containing Concern Regarding Chemical Mixtures based on the comments received from ephedrine alkaloids) are not prohibited Some chemical mixtures can be and the NPRM (63 FR 49506, Sept. 16, by either FDA’s ban regarding the have been used by traffickers in the 1998), DEA determined that a five marketing of such dietary supplements illicit manufacture of controlled percent concentration limit would be or by DEA law and regulations. In spite substances. This exemption provided more appropriate. On May 1, 2003, DEA of FDA’s ban, and corresponding traffickers with an unregulated source published a Final Rule (68 FR 23195) reduction in legitimate need for these for obtaining these chemicals. To which established a concentration limit chemical mixtures, DEA has seen a address these problems, the DCDCA of five percent for chemical mixtures significant increase in the number of amended the exemption to provide that which contain ephedrine and/or import requests for ephedra, sparking a only those chemical mixtures specified pseudoephedrine. concern that these chemical mixtures by regulation would be exempt from the If the concentration of the total are being diverted for use in the illicit definition of ‘‘regulated transaction.’’ ephedrine and/or pseudoephedrine was manufacture of methamphetamine. Regulations regarding the exemption at or below the five percent limit in a of chemical mixtures were initially chemical mixture, the mixture was Combat Methamphetamine Epidemic proposed by DEA on October 13, 1994 automatically exempted from the Act of 2005 (CMEA) (59 FR 51888). In response to industry registration, reporting, recordkeeping On March 9, 2006, the President concerns, the proposed regulations were and security requirements of the CSA. signed the USA PATRIOT Improvement withdrawn on December 9, 1994 (59 FR That Final Rule primarily addressed and Reauthorization Act of 2005 which 63738). After consulting with the those chemicals encountered in dietary included the Combat Methamphetamine private sector and carefully considering and nutritional supplements. Epidemic Act of 2005 (CMEA) (Title VII industry and other concerns, new The May 1, 2003, Final Rule also of Pub. L. 109–177). The CMEA placed regulations regarding chemical mixtures established an exemption for the additional controls on ephedrine and were proposed on September 16, 1998 category of products consisting of pseudoephedrine and tasked DEA with (63 FR 49506). The comment period, unaltered harvested plant material in 21 limiting the domestic production and which was twice extended, closed on CFR 1310.12(d)(1). Finally, that rule importation of ephedrine and April 16, 1999. provided for a process whereby a pseudoephedrine materials to quantities There are thousands of chemical manufacturer of a product which would necessary for medical, scientific and mixtures in legitimate commerce, the otherwise be subject to regulation may other legitimate purposes (21 U.S.C. 826 majority of which are not useful to the request an exemption for that specific and 952(a)(1) as amended). illicit laboratory operator. The NPRM product. This process allows chemical The CMEA imposed new proposed criteria for the determination mixtures not automatically exempt by requirements regarding the retail sale of of whether a chemical mixture would be the concentration limit to be considered scheduled listed chemical products automatically exempt from CSA for exempt status under the CSA. (products containing ephedrine,

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pseudoephedrine, or Congressional mandate of restricting DEA is concerned that these products phenylpropanolamine, that may be such material to quantities necessary for would be more widely diverted for marketed or distributed lawfully in the medical, scientific, and other legitimate illicit production of methamphetamine, United States under the FFD&CA as purposes (21 U.S.C. 826 and 952(a)(1) as particularly as traffickers look for easily- nonprescription products). In a separate amended). Without removing the obtainable product due to the new retail rulemaking, ‘‘Retail Sales of Scheduled exemption for these products, DEA sales, quota and import restrictions Listed Chemical Products; Self- would be unable to effectively limit the imposed by CMEA. importation of ephedrine and Certification of Regulated Sellers of DEA Concerns Regarding Recent pseudoephedrine, as required by the Scheduled Listed Chemical Products’’ Importations [Docket No. DEA–291, RIN 1117–AB05] CMEA. (71 FR 56008, September 26, 2006; Recently DEA has seen an increasing Present Concerns: Use at Illicit number of requests for importation of corrected at 71 FR 60609, October 13, Laboratories 2006), DEA promulgated regulations large shipments of ephedra material in implementing these provisions. The DEA is also authorized to remove an concentrations below the five percent CMEA also subjects material containing exemption for particular exempt ephedrine and pseudoephedrine ephedrine, pseudoephedrine and chemical mixtures if it finds evidence of exemption limit. Traditionally, such phenylpropanolamine to manufacturing diversion pursuant to 21 CFR ephedra extract material has always and import restrictions. Specifically, the 1310.12(e). This regulation provides that been between 6–8 percent ephedrine CMEA requires that importers of all should DEA find such evidence, it can and/or pseudoephedrine. listed chemicals provide DEA with ‘‘issue, and publish in the Federal As noted above, DEA has seen information regarding the transferee, Register, notification of the removal of chemical mixtures with concentration limits of ephedrine and/or (i.e., the downstream customer) of the an exemption.’’ Interested parties are pseudoephedrine at or below five chemical, as well as information invited to file written comments or percent in clandestine regarding the quantity of the chemical to objections to the order within 60 days methamphetamine laboratories. be transferred. Importers are further of the date of publication. If any Subsequent to implementing regulations required to provide DEA with a return comment or objection raises ‘‘significant which allowed an exemption for below declaration regarding each import after issues regarding any finding of fact or five percent material, DEA has the transaction is completed (CMEA conclusion of law upon which the order is based, [DEA] shall immediately witnessed increased ability of section 716, 21 U.S.C. 971(d) and (g), as suspend the effectiveness of the order’’ clandestine laboratory operators to amended). In a separate rulemaking, and reconsider the application for extract ephedrine and pseudoephedrine ‘‘Implementation of the Combat exemption in light of the comments from various bulk materials (including Methamphetamine Epidemic Act of received. low concentration mixtures). These 2005; Notice of Transfers Following At most methamphetamine extraction procedures are shared via the Importation or Exportation’’ [Docket No. laboratories seized in the U.S., the Internet. While these mixtures may DEA–292, RIN 1117–AB06] (72 FR precursor material was obtained via the contain low concentrations of ephedrine 17401, April 9, 2007; Temporary Stay of diversion of OTC ephedrine or and/or pseudoephedrine, they can be a Certain Provisions 72 FR 28601, May 22, pseudoephedrine products marketed in ready source of supply for 2007), DEA promulgated regulations tablet and capsule form. While the vast methamphetamine traffickers. implementing these provisions. Further, majority of products seized at illicit Therefore, due to the existing the CMEA requires that the notice of methamphetamine laboratories were clandestine methamphetamine importation (DEA Form 486) for OTC drug products, ephedra and ma laboratory problem and the illicit use of ephedrine, pseudoephedrine, and huang extracts containing ephedrine, N- extracts and dietary supplements phenylpropanolamine ‘‘shall include all methylephedrine, N- (containing ephedrine and related List I information known to the importer on methylpseudoephedrine, chemicals) as precursor material for the the chain of distribution of such norpseudoephedrine, clandestine production of chemical from the manufacturer to the phenylpropanolamine, and methamphetamine, and the new importer.’’ (CMEA section 721, 21 pseudoephedrine, and dietary limitations imposed by the CMEA, DEA U.S.C. 971(h) as amended). In a separate supplement products (containing is removing the exemption for chemical rulemaking, ‘‘Information of Foreign ephedra and ma huang extracts) have mixtures having a total concentration of Chain of Distribution for Certain List I been seized. At this time, the frequency less than (or equal to) five percent Chemicals’’ [Docket No. DEA–295, RIN with which these dietary supplement ephedrine or pseudoephedrine and is 1117–AB07], DEA is promulgating products and extracts are encountered is removing the exemption for unaltered regulations to implement this provision. small. From 1998 through 2005, DEA ephedra plant material. Finally, the CMEA requires DEA to has documented 20 methamphetamine establish import and production quotas laboratories where ephedra materials Action Taken in This Interim Rule for ephedrine, pseudoephedrine, and have been seized. The source of This Interim Rule announces the phenylpropanolamine (CMEA sections precursor chemicals in a seized removal of the exemption for chemical 713 and 715, 21 U.S.C. 826 and 952 as clandestine laboratory is often not mixtures having a total concentration of amended). In a separate rulemaking, evident, so it is likely that the number ephedrine and/or pseudoephedrine of ‘‘Import and Production Quotas for of seized laboratories that used such five percent (or less). By removing these Certain List I Chemicals’’ [Docket No. mixtures is actually greater. Ephedra, exemptions, all chemical mixtures DEA–293, RIN 1117–AB08] (72 FR therefore, can and is being diverted for containing ephedrine and/or 37439, July 10, 2007) DEA promulgated use as a precursor material for the illicit pseudoephedrine will be regulated regulations to implement these production of methamphetamine. Were chemical mixtures subject to control provisions. DEA not to regulate chemical mixtures under the Controlled Substances Act, DEA is removing the exemption for containing ephedrine and/or including registration, recordkeeping, five percent ephedrine and/or pseudoephedrine at or below the reporting, and security controls. This pseudoephedrine, in part, to fulfill the current five percent concentration limit, action will be effective August 24, 2007.

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This rulemaking also removes the 2007. The temporary exemption for products containing these chemicals, exemption for the category of products such persons will remain in effect until and uses or attempts to use the Postal consisting of harvested plant material DEA takes final action on their Service or any private or commercial which is specified in 21 CFR application for registration. carrier must file monthly reports of each 1310.12(d)(1). Harvested plant material The temporary exemption applies such transaction. (i.e., ephedra) that contains ephedrine, solely to the registration requirement; Imports/Exports. All imports/exports N-methylephedrine, N- all other chemical control requirements, and brokered transactions of regulated methylpseudoephedrine, including recordkeeping and reporting, mixtures containing ephedrine and/or norpseudoephedrine, are effective on August 24, 2007. pseudoephedrine shall comply with the phenylpropanolamine, and/or Therefore, all transactions of chemical CSA (21 U.S.C. 952, 957 and 971). pseudoephedrine, meeting the mixtures containing ephedrine or Regulations for importation and definition of chemical mixture, shall no pseudoephedrine will be regulated, if at exportation of List I chemicals are longer be exempt from CSA provisions, or above threshold, while an application described in 21 CFR part 1313. Separate even when the plant material is for registration or exemption is pending. registration is necessary for each activity unaltered from its natural state. This is necessary because not regulating (21 CFR 1309.22). these transactions could result in II. Provisions Specifically Applying to Security. Regulated persons must increased diversion of chemicals provide effective controls and Regulated Chemical Mixtures desirable to drug traffickers. Containing These List I Chemicals procedures to guard against theft and Additionally, the temporary diversion of regulated mixtures. Effective August 24, 2007, any exemption does not suspend applicable Regulated persons must store the chemical mixture that contains federal criminal laws relating to the regulated mixtures in containers sealed ephedrine or pseudoephedrine will be regulated mixture, nor does it supersede so that tampering will be evident; if the treated as a List I chemical. Transactions state or local laws or regulations. All mixture cannot be stored in a sealed that meet or exceed the cumulative handlers of a regulated mixture must container, access to the chemicals must monthly threshold for the listed comply with applicable state and local be controlled (21 CFR 1309.71). chemical, set forth at 21 CFR 1310.04, requirements in addition to the CSA Administrative Inspection. Places, shall be regulated transactions. Persons regulatory controls. including factories, warehouses, or interested in handling a regulated Records and Reports. The CSA (21 other establishments and conveyances, mixture must comply with the U.S.C. 830) requires certain records to where regulated persons may lawfully following: be kept and reports to be made hold, manufacture, or distribute, Registration. Any person who involving listed chemicals. Regulations dispense, administer, or otherwise manufactures, distributes, imports or describing recordkeeping and reporting dispose of a regulated mixture or where exports a regulated mixture, or proposes requirements are set forth in 21 CFR records relating to those activities are to engage in such activities, with respect Part 1310. A record must be made and maintained, are controlled premises as to a regulated mixture containing a List maintained for two years after the date defined in 21 CFR 1316.02(c). The CSA I chemical, shall obtain a registration of a regulated transaction involving a (21 U.S.C. 880) allows for administrative pursuant to the CSA (21 U.S.C. 822). List I chemical. Only a distribution, inspections of these controlled premises Regulations describing registration for receipt, sale, importation, exportation, as provided in 21 CFR Part 1316 List I chemical handlers are set forth in brokerage or trade of a regulated mixture Subpart A. 21 CFR part 1309. above the established threshold is a Separate registration is required for regulated transaction (21 CFR Regulatory Certifications manufacture, distribution, importing, 1300.02(b)(28)). and exporting. A separate registration is Each regulated bulk manufacturer of a Administrative Procedure Act required for each principal place of regulated mixture shall submit The Administrative Procedure Act business at one general physical manufacturing, inventory, and use data (APA) generally requires that agencies, location where List I chemicals are on an annual basis (21 CFR 1310.05(d)). prior to issuing a new rule, publish a manufactured, distributed, imported, or Bulk manufacturers producing the notice of proposed rulemaking in the exported by a person (21 CFR 1309.23). mixture solely for internal consumption, Federal Register. The APA also Effective August 24, 2007, any person e.g. formulating a nonregulated mixture, provides, however, that agencies may be manufacturing, distributing, importing, are not required to submit this excepted from this requirement when or exporting any amount of a regulated information. Existing standard industry ‘‘the agency for good cause finds (and mixture will become subject to the reports containing the required incorporates the finding and a brief registration requirement under the CSA. information are acceptable, provided the statement of reasons therefor in the DEA recognizes, however, that it is not information is readily retrievable from rules issued) that notice and public possible for persons who are subject to the report. procedure thereon are impracticable, the registration requirement to 21 CFR 1310.05 requires that each unnecessary, or contrary to the public immediately complete and submit an regulated person shall report to DEA interest.’’ 5 U.S.C. 553(b)(B). application for registration and for DEA any regulated transaction involving an With publication of this interim rule, to immediately issue registrations for extraordinary quantity, an uncommon DEA is invoking this ‘‘good cause’’ those activities. Therefore, in order to method of payment or delivery, or any exception to the APA’s notice allow continued legitimate commerce in other circumstance that causes the requirement based on the combination regulated mixtures, DEA is establishing regulated person to believe that the of several extraordinary factors. Section in 21 CFR 1310.09 a temporary listed chemical will be used in violation 713 of the CMEA (21 U.S.C. 826 as exemption from the registration of the CSA. Section 1310.03(c) requires amended) requires the establishment of requirement for persons desiring to that regulated persons who engage in a production quotas for the List I engage in activities with regulated transaction with a nonregulated person chemicals ephedrine, pseudoephedrine, mixtures, provided that DEA receives a or who engage in an export transaction and phenylpropanolamine. DEA properly completed application for that involves ephedrine or implemented these requirements in a registration on or before August 24, pseudoephedrine, including drug separate rulemaking, ‘‘Import and

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Production Quotas for Certain List I the new requirements limiting with the rule.’’ 5 U.S.C. 553(d)(3). As Chemicals’’ [Docket No. DEA–293, RIN importation of ephedrine, discussed previously, DEA has recently 1117–AB08] (72 FR 37439, July 10, pseudoephedrine, and seen a significant increase in the 2007). DEA cannot establish such quotas phenylpropanolamine, as well as the number of requests for importation of if certain products containing these List establishment of production and import large quantities of these chemical I chemicals are not regulated. To not quotas for these three List I chemicals, mixtures. After the recent FDA action regulate these products while at the necessitate that DEA remove the which bans dietary supplements same time establishing production concentration limit for these previously containing such material, DEA has not quotas would create a loophole which exempt chemical mixtures. Engaging in been able to determine the legitimate traffickers could exploit domestically. traditional notice and comment need for importation of such material. CMEA also mandates that imports of rulemaking would prevent DEA from DEA is concerned about the potential ephedrine, pseudoephedrine, and complying with the mandates of CMEA illicit use of such material for phenylpropanolamine are prohibited to limit the importation and domestic clandestine methamphetamine except for such quantities as the production of these materials. manufacture, particularly as traffickers Attorney General (DEA by delegation) Were DEA not to regulate chemical look for easily-obtainable product due to finds necessary to provide for medical, mixtures containing ephedrine and/or the retail sales limits recently imposed scientific, or other legitimate purposes pseudoephedrine at or below the by the CMEA. Delaying the effective (CMEA section 715, 21 U.S.C. 952 as current five percent concentration limit, date of this rule could provide a amended). DEA is further required to DEA is concerned that these products significant loophole for domestic illicit establish import quotas for these three would be more widely diverted for methamphetamine manufacturers to List I chemicals. In order for DEA to illicit production of methamphetamine, take advantage of for their illegal establish quotas and meet its obligation particularly with the new quota and activities. Therefore, DEA finds good to prohibit imports except those import restrictions imposed by CMEA. cause not to delay the effective date of necessary to provide for a medical, Accordingly, DEA finds that it is this rule. scientific, or other legitimate purpose, impracticable to conduct notice and Regulatory Flexibility Act as required by the CMEA, DEA must comment rulemaking regarding the exercise regulatory control over removal of the exemption for chemical The Deputy Administrator hereby chemical mixtures containing mixtures with concentration limits at or certifies that this rulemaking has been pseudoephedrine and ephedrine. To below the current five percent limit. If drafted in accordance with the exercise this control, DEA must DEA did not act in this manner, provisions of the Regulatory Flexibility eliminate the exemption for chemical traffickers would have ready access to Act (RFA) (5 U.S.C. 605(b)). The (RFA) mixtures containing these List I chemical mixtures which DEA has applies to rules that are subject to notice chemicals. demonstrated are being used currently and comment. As explained above, DEA DEA is concerned about the to illicitly manufacture has determined that public notice and increasing number of requests for methamphetamine. Allowing such illicit comment are not necessary. importation of below-five percent manufacture to continue during the Consequently, the RFA does not apply. ephedrine or pseudoephedrine material. pendancy of rulemaking would be DEA notes, however, that as explained After the recent FDA action which bans contrary to the public interest and the in the discussion under Executive Order dietary supplements containing such intent of the Combat Methamphetamine 12866, the costs of this rule are low, material, DEA has not been able to Epidemic Act of 2005. The broad scope requiring only registration, maintenance determine the legitimate need for of the new law, as well as the expedited of records, reports on unusual importation of such material. Therefore, effective dates, is a clear reflection of transactions, thefts or losses, and mail in an effort to eliminate the Congress’ concern about the nation’s order transactions, and security. Other undocumented importation and growing methamphetamine epidemic than the registration fee and the reports, domestic distribution of such material, and its desire to act quickly to prevent these requirements can generally be met and to comply with all of the new further illicit use of these chemicals. by standard business practices. requirements imposed by the CMEA In light of these factors, DEA finds DEA has determined that dietary discussed above, DEA is removing these that ‘‘good cause’’ exists to issue this supplements containing ephedrine exemptions. interim rule without engaging in alkaloids, including bulk material used As has been discussed previously in traditional notice and comment to formulate these supplements, are the this rulemaking, DEA has seized rulemaking. In so doing, DEA recognizes principal chemical mixtures that chemical mixtures containing ephedrine that exceptions to the APA’s notice and contain ephedrine and/or and/or pseudoephedrine with comment procedures are to be pseudoephedrine. Dietary supplements concentrations of less than five percent ‘‘narrowly construed and only containing such ephedrine alkaloids at 20 domestic clandestine laboratories reluctantly countenanced.’’ Am. Fed’n have been banned by FDA. Due to (1) over the past several years. The source of Gov’t Employees v. Block, 655 F2d The CMEA mandate that DEA limit the of precursor chemicals in a seized 1153, 1156 (D.C. Cir. 1981) (quoting domestic production and importation of clandestine laboratory is often not New Jersey Dep’t of Envt. Prot. v. EPA, materials containing ephedrine and evident, so it is likely that the number 626 F.2d 1038, 1045 (D.C. Cir. 1980)). pseudoephedrine to quantities of seized laboratories that used such Based on the totality of the necessary for medical, scientific and mixtures is actually greater. Further, the circumstances associated with the other legitimate purposes; (2) the CMEA specifically prohibits all CMEA, DEA finds that invocation of the elimination of the previous lawful status importation of ephedrine, ‘‘good cause’’ exception is justified. of such products as dietary pseudoephedrine, and Further, the APA also provides that, supplements; and (3) the potential illicit phenylpropanolamine except those while agencies are generally required to use of such products as precursor quantities which the Attorney General publish final rules at least 30 days material for illicit production of finds to be necessary for medical, before they become effective, they may methamphetamine, DEA is removing the scientific, and other legitimate be exempt from this requirement as well exemption for low concentration purposes. These seizures, coupled with ‘‘for good cause found and published material, including harvested plant

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material. This industry is comprised date of shipment; all of this information traffickers to manufacture controlled mainly of small businesses, as defined is available from standard business and substances illicitly. by U.S. Small Business Administration shipping records. These reports may be DEA notes that the lawful marketing (SBA) regulations (13 CFR part 121). filed electronically. The security of dietary supplements containing this However, the lawful marketing of requirements do not exceed standard material has been banned by FDA. As dietary supplements containing business practices for the protection of such, this regulatory action is expected ephedrine alkaloids has been banned by both the security and quality of these to impact no manufacturers, whose FDA. As such, this regulatory action is products. DEA has not determined the product can still lawfully be marketed not expected to impact any number of firms potentially affected by under the FFD&CA. manufacturers whose product can still the rule, but does not expect it to be Therefore, as the impact of this lawfully be marketed under the high. regulation is minimal, DEA is making FFD&CA. Persons who import or minor adjustments to the OMB distribute chemical mixtures containing Executive Order 12988 information collections entitled ephedrine and/or pseudoephedrine at or This regulation meets the applicable ‘‘Application for Registration Under below the previously-exempt five standards set forth in Sections 3(a) and Domestic Chemical Diversion Control percent concentration limit will be 3(b)(2) of Executive Order 12988. Act of 1993 and Renewal Application affected by this rule. This rule will not for Registration under Domestic have a significant economic impact on Executive Order 13132 Chemical Diversion Control Act of those persons. However, DEA is seeking This rulemaking does not preempt or 1993’’ (OMB control number 1117– comment specifically regarding the modify any provision of state law; nor 0031, DEA Form 510), ‘‘Report of Mail potential impacts of this regulation. does it impose enforcement Order Transactions’’ (OMB control DEA is not prohibiting the responsibilities on any state; nor does it number 1117–0033), and ‘‘Import/ importation, exportation, manufacture, diminish the power of any state to Export Declaration for List I and List II or distribution of chemical mixtures enforce its own laws. Accordingly, this Chemicals’’ (OMB control number containing ephedrine or rulemaking does not have federalism 1117–0023). DEA is specifically seeking pseudoephedrine in concentrations less implications warranting the application comment regarding the number of than or equal to five percent. Rather, of Executive Order 13132. persons who may be affected by this DEA is regulating the importation, regulation. exportation, manufacture, and Unfunded Mandates Reform Act of 1995 Congressional Review Act distribution of these chemical mixtures This rule will not result in the This rule is not a major rule as by requiring persons who handle these expenditure by State, local, and tribal defined by Section 804 of the Small chemical mixtures to register with DEA, governments, in the aggregate, or by the Business Regulatory Enforcement maintain certain records common to private sector, of $120,000,000 or more Fairness Act of 1996 (Congressional business practice, and file certain (adjusted for inflation) in any one year, Review Act). This rule will not result in reports, regarding these chemical and will not significantly or uniquely an annual effect on the economy of mixtures. Chemical mixtures containing affect small governments. Therefore, no $100,000,000 or more; a major increase the List I chemicals ephedrine and actions were deemed necessary under in costs or prices; or significant adverse pseudoephedrine will still be available the provisions of the Unfunded effects on competition, employment, for use. Mandates Reform Act of 1995. investment, productivity, innovation, or Executive Order 12866 Paperwork Reduction Act on the ability of United States-based This regulation has been drafted and companies to compete with foreign- The Drug Enforcement reviewed in accordance with Executive based companies in domestic and Administration is eliminating the Order 12866, section 1(b), Principles of export markets. Regulation. DEA has determined that current exemption for chemical this rule is a ‘‘significant regulatory mixtures with concentration limits of List of Subjects in 21 CFR Part 1310 action’’ under Executive Order 12866, the List I chemicals ephedrine and/or Drug traffic control, Exports, Imports, section 3(f), Regulatory Planning and pseudoephedrine of less than or equal to List I and List II chemicals, Reporting Review, and accordingly this rule has five percent. This means that all and Recordkeeping requirements. chemical mixtures containing the List I been reviewed by the Office of I chemicals ephedrine and/or For the reasons set out above, 21 CFR Management and Budget (OMB). part 1310 is amended as follows: The rule will impose relatively low pseudoephedrine are regulated chemical costs on regulated persons. Other than mixtures, regardless of concentration PART 1310—RECORDS AND the annual registration fee of $1,247, limits. REPORTS OF LISTED CHEMICALS there are few costs associated with the Due to this change in the regulations, AND CERTAIN MACHINES [AMENDED] rule. The records required on regulated all persons who import, export, transactions can be met with standard manufacture, or distribute chemical I 1. The authority citation for part 1310 business records. Reports on unusual mixtures containing these two List I continues to read as follows: sales, thefts, and losses will be filed chemicals will be required to register Authority: 21 U.S.C. 802, 827(h), 830, infrequently by any one person. Those with DEA. They will also be required to 871(b), 890. file reports regarding certain who sell covered mixtures and deliver I 2. Section 1310.09 is amended by transactions, should certain criteria be them to the end user through the mail adding a new paragraph (j) to read as met. or other delivery services will have to follows: file a monthly report. The monthly DEA does, however, provide a report requires only the registrant’s mechanism whereby a person may seek § 1310.09 Temporary exemption from name and registration number, the an exemption from these regulatory registration. purchaser’s name and address, the requirements for a specific chemical * * * * * shipping address (if different), the name mixture, if DEA determines that such a (j) Each person required by section and quantity of the chemical, and the chemical mixture cannot be used by 302 of the Act (21 U.S.C. 822) to obtain

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a registration to manufacture, distribute, chapter remain in full force and effect. I 3. Section 1310.12 is amended as import, or export regulated chemical Any person who manufactures, follows: mixtures which contain ephedrine, and/ distributes, imports, or exports a I A. By revising the Table of or pseudoephedrine, pursuant to chemical mixture whose application for Concentration Limits in paragraph (c) by Sections 1310.12 and 1310.13, is exemption is subsequently denied by revising the entries for ‘‘Ephedrine, its temporarily exempted from the DEA must obtain a registration with salts, optical isomers, and salts of registration requirement, provided that DEA. A temporary exemption from the optical isomers’’ and ‘‘Pseudoephedrine, DEA receives a properly completed registration requirement will also be its salts, optical isomers, and salts of application for registration or provided for these persons, provided optical isomers’’; and application for exemption on or before that DEA receives a properly completed August 24, 2007. The exemption will application for registration on or before I B. By removing paragraph (d)(1) and remain in effect for each person who has 30 days following the date of official redesignating paragraphs (d)(2) through made such application until the DEA notification that the application for (d)(5) as paragraphs (d)(1) through (d)(4) Administration has approved or denied exemption has not been approved. The as follows: that application. This exemption applies temporary exemption for such persons § 1310.12 Exempt chemical mixtures. only to registration; all other chemical will remain in effect until DEA takes control requirements set forth in parts final action on their registration * * * * * 1309, 1310, 1313, and 1315 of this application. (c) * * *

TABLE OF CONCENTRATION LIMITS

DEA chemical Concentration code number (percent) Special conditions

List I Chemicals

******* Ephedrine, its salts, optical isomers, and salts of 8113 Not exempt at any con- Chemical mixtures containing any amount of optical isomers. centration. ephedrine and/or pseudoephedrine, and their salts, optical isomers and salts of optical iso- mers are not exempt due to concentration, un- less otherwise exempted.

******* Pseudoephedrine, its salts, optical isomers, and 8112 Not exempt at any con- Chemical mixtures containing any amount of salts of optical isomers. centration. ephedrine and/or pseudoephedrine, and their salts, optical isomers and salts of optical iso- mers are not exempt due to concentration, un- less otherwise exempted.

*******

List II Chemicals

*******

* * * * * LIBRARY OF CONGRESS makes technical corrections to that interim regulation. Dated: July 2, 2007. Copyright Office Michele M. Leonhart, DATES: Effective on July 25, 2007. Deputy Administrator. 37 CFR Part 202 FOR FURTHER INFORMATION CONTACT: [FR Doc. E7–14295 Filed 7–24–07; 8:45 am] Tanya Sandros, Acting General Counsel, [Docket No. RM 2007–7] or Nanette Petruzzelli, Special Legal BILLING CODE 4410–09–P Advisor to the Register for Technical Amendments to online Reengineering, Copyright Office, Library registration of claims to copyright; of Congress, Washington, DC 20540. corrections Telephone: (202) 707–8380. Telefax: AGENCY: Copyright Office, Library of (202) 707–8366. Congress SUPPLEMENTARY INFORMATION: The ACTION: Interim Regulations for online Copyright Office published an interim registration; correction. regulation in the Federal Register on July 6, 2007, which, for the purpose of SUMMARY: The Copyright Office implementing an online registration published in the Federal Register on system, amended its regulations July 6, 2007, an interim regulation governing the procedures by which the implementing an online copyright public submits, and the Office registration system. This document processes, copyright registrations and

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recordations. This document makes ENVIRONMENTAL PROTECTION Certain other material, such as non–substantial corrections to errors AGENCY copyrighted material, is not placed on contained in the interim regulations. the Internet and will be publicly 40 CFR Parts 52 and 81 available only in hard copy form. List of Subjects in 37 CFR Part 202 Publicly available docket materials are [EPA–R03–OAR–2007–0174; FRL–8445–6] Claims, Copyright, Registration available either electronically through requirements. Approval and Promulgation of Air http://www.regulations.gov or in hard Quality Implementation Plans; copy for public inspection during I In consideration of the foregoing, the Pennsylvania; Attainment normal business hours at the Air Copyright Office corrects part 202 of 37 Determination, Redesignation of the Protection Division, U.S. Environmental CFR by making the following correcting Franklin County Ozone Nonattainment Protection Agency, Region III, 1650 amendments: Area to Attainment and Approval of the Arch Street, Philadelphia, Pennsylvania Area’s Maintenance Plan and 2002 19103. Copies of the State submittal are PART 202 –– REGISTRATION OF Base-Year Inventory available at the Pennsylvania CLAIMS TO COPYRIGHT Department of Environmental AGENCY: Environmental Protection Protection, Bureau of Air Quality I 1. The authority citation for part 202 Agency (EPA). Control, P.O. Box 8468, 400 Market continues to read as follows: ACTION: Final rule. Street, Harrisburg, Pennsylvania 17105. Authority: 17 U.S.C. 702. FOR FURTHER INFORMATION CONTACT: SUMMARY: EPA is approving a Christopher Cripps, (215) 814–2179, or I 2. Amend § 202.3 as follows: redesignation request and State by e-mail at [email protected]. I Implementation Plan (SIP) revisions a. By removing ‘‘(b)(3)’’ and adding SUPPLEMENTARY INFORMATION: ‘‘(b)(4)’’ in paragraph (b)(1)(iv); submitted by the Commonwealth of Pennsylvania. The Pennsylvania I. Background I b. By removing ‘‘(b)(3) through (b)(8)’’ Department of Environmental Protection On May 30, 2007 (72 FR 29914), EPA and adding ‘‘(b)(4) through (b)(10)’’ in (PADEP) is requesting that the Franklin paragraph (b)(4)(ii); published a notice of proposed County nonattainment area (‘‘Franklin rulemaking (NPR) for the I c. By removing ‘‘(b)(7)’’ and adding County Area’’ or ‘‘Area’’) be Commonwealth of Pennsylvania. The ‘‘(b)(8)’’ in paragraph (b)(8)(ii); redesignated as attainment for the 8- NPR proposed approval of I d. By removing ‘‘(b)(7)(i)(E)’’ and hour ozone national ambient air quality Pennsylvania’s redesignation request, a adding ‘‘(b)(8)(i)(E)’’ in paragraph standard (NAAQS). In conjunction with SIP revision that establishes a (b)(8)(ii)(C); and its redesignation request, the PADEP maintenance plan for the Franklin submitted SIP revisions consisting of a I e. By removing ‘‘(b)(9)(iv)’’ and adding County Area that provides for continued maintenance plan for the Franklin attainment of the 8-hour ozone NAAQS ‘‘(b)(10)(iv)’’ in paragraph (b)(10)(vi); County Area that provides for continued and for at least 10 years after redesignation, attainment of the 8-hour ozone NAAQS and a 2002 base-year emissions I f. By adding the footnote designation for at least 10 years after redesignation. inventory. The formal SIP revisions ‘‘6’’ after ‘‘and § 202.20.’’ in paragraph EPA is approving the 8-hour were submitted by PADEP on December (c)(2); and by adding footnote 6 to read maintenance plan. PADEP also 14, 2006. Other specific requirements of as follows: submitted a 2002 base-year inventory Pennsylvania’s redesignation request for the Franklin County Area which § 202.3 Registration of copyright. and SIP revision for the maintenance EPA is approving. In addition, EPA is plan, and the rationale for EPA’s * * * * * approving the adequacy determination proposed actions are explained in the for the motor vehicle emission budgets 6In the case of applications for group NPR and will not be restated here. No (MVEBs) that are identified in the registration of newspapers, public comments were received on the Franklin County Area maintenance plan contributions to periodicals, and NPR. for purposes of transportation On December 22, 2006, the U.S. Court newsletters, under paragraphs (b)(7), conformity, and is approving those (b)(8), and (b)(9) of this section, the of Appeals for the District of Columbia MVEBs. EPA is approving the Circuit vacated EPA’s Phase 1 deposits shall comply with the deposits redesignation request, and the specified in the respective paragraphs, Implementation Rule for the 8-hour maintenance plan, and the 2002 base- Ozone Standard. (69 FR 23951, April 30, and the fees with those specified in year emissions inventory as revisions to § 201.3. 2004). South Coast Air Quality the Pennsylvania SIP in accordance Management Dist. v. EPA, 472 F.3d 882 with the requirements of the Clean Air § 202.20 [Amended] (DC Cir. 2006). On June 8, 2007, in Act (CAA). South Coast Air Quality Management I 3. Amend § 202.20 as follows: DATES: Effective Date: This final rule is Dist. v. EPA, Docket No. 04–1201, in I a. By removing ‘‘(b)(2)(vi)’’ and adding effective on July 25, 2007 pursuant to response to several petitions for ‘‘(b)(2)(vii)’’ in paragraph (b)(2)(i); and the authority of 5 U.S.C. 553(d)(1). rehearing, the DC Circuit clarified that I b. By removing ‘‘(b)(2)(iii) through ADDRESSES: EPA has established a the Phase 1 Rule was vacated only with (vi)’’ and adding ‘‘(b)(2)(iv) through docket for this action under Docket ID regard to those parts of the rule that had (vii)’’ in paragraph (b)(2)(ii). Number EPA–R03–OAR–2007–0174. All been successfully challenged. Therefore, documents in the docket are listed in the Phase 1 Rule provisions related to Dated: July 20, 2007 the http://www.regulations.gov Web classifications for areas currently Maria Pallante, site. Although listed in the electronic classified under subpart 2 of Title I, part Deputy General Counsel docket, some information is not publicly D of the Act as 8-hour nonattainment [FR Doc. E7–14372 Filed 7–24–07; 8:45 am] available, i.e., confidential business areas, the 8-hour attainment dates, and BILLING CODE 1410–33–S information (CBI) or other information the timing for emissions reductions whose disclosure is restricted by statute. needed for attainment of the 8-hour

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ozone NAAQS remain effective. The Because EPA proposed to find that the County Area submitted on December 14, June 8 decision left intact the Court’s Franklin County Area satisfied the 2006 as a revision to the Pennsylvania rejection of EPA’s reasons for requirements under either scenario, EPA SIP. EPA is also approving the MVEBs implementing the 8-hour standard in is proceeding to finalize the submitted by PADEP in conjunction certain nonattainment areas under redesignation and to conclude that the with its redesignation request. In subpart 1 in lieu of subpart 2. By Franklin County Area met the addition, EPA is approving the 2002 limiting the vacatur, the Court let stand requirements under the 1-hour standard base-year emissions inventory EPA’s revocation of the 1-hour standard applicable for purposes of redesignation submitted by PADEP on December 14, and those anti-backsliding provisions of under the 8-hour standard. These 2006 as a revision to the Pennsylvania the Phase 1 Rule that had not been include the provisions of EPA’s anti- SIP. In this final rulemaking, EPA is successfully challenged. The June 8 backsliding rules, as well as the notifying the public that we have found decision reaffirmed the December 22, additional anti-backsliding provisions that the MVEBs for nitrogen oxides 2006 decision that EPA had improperly identified by the court in its rulings. In (NOX) and volatile organic compounds failed to retain four measures required its June 8, 2007 decision the Court (VOCs) in the Franklin County Area for for 1-hour nonattainment areas under limited its vacatur so as to uphold those the 8-hour ozone maintenance plan are the anti-backsliding provisions of the provisions of the anti-backsliding adequate and approved for conformity regulations: (1) Nonattainment area requirements that were not successfully purposes. As a result of our finding, the nonattainment New Source Review challenged. Therefore, EPA finds that Franklin County Area must use the (NSR) requirements based on an area’s the Franklin County Area has met the MVEBs from the submitted 8-hour 1-hour nonattainment classification; (2) anti-backsliding requirements, see 40 ozone maintenance plan for future Section 185 penalty fees for 1-hour CFR 51.900 et seq.; 70 FR 30592, 30604 conformity determinations. The severe or extreme nonattainment areas; (May 26, 2005), which apply by virtue adequate and approved MVEBs are and (3) measures to be implemented of the Franklin County Area’s provided in the following table: pursuant to section 172(c)(9) or classification for the 1-hour ozone 182(c)(9) of the Act, on the contingency NAAQS, as well as the four additional ADEQUATE AND APPROVED MOTOR of an area not making reasonable further anti-backsliding provisions identified by VEHICLE EMISSIONS BUDGETS IN progress toward attainment of the 1- the Court, or alternatively, that such TONS PER DAY (TPD)—ROUNDED hour NAAQS, or for failure to attain that requirements are not applicable for NAAQS. In addition the June 8 decision purposes of redesignation. In addition, UPWARD TO ONE DECIMAL PLACE clarified that the Court’s reference to with respect to the requirement for Budget year NO VOC conformity requirements for anti- transportation conformity under the 1- X backsliding purposes was limited to hour standard, the Court in its June 8 2009 ...... 12.7 7.3 requiring the continued use of 1-hour decision clarified that for those areas 2018 ...... 6.7 5.1 motor vehicle emissions budgets until 8- with 1-hour motor vehicle emissions hour budgets were available for 8-hour budgets, anti-backsliding requires only With respect to the 1-hour ozone conformity determinations, which is that those 1-hour budgets must be used NAAQS, EPA has determined pursuant already required under EPA’s for 8-hour conformity determinations to section 181(b)(2) of the CAA that the conformity regulations. The Court thus until replaced by 8-hour budgets. To Franklin County Area has attained the clarified that 1-hour conformity meet this requirement, conformity 1-hour NAAQS for ozone. On the basis determinations are not required for anti- determinations in such areas must of this determination, EPA is also backsliding purposes. continue to comply with the applicable determining that the following For the reasons set forth in the May requirements of EPA’s conformity nonattainment area requirements of part 30, 2007 (72 FR 29914) proposed regulations at 40 CFR Part 93. The court D to Title 1 of the CAA are not rulemaking, EPA does not believe that clarified that 1-hour conformity applicable to the Franklin County Area the Court’s rulings alter any determinations are not required for anti- for so long as it continues to attain the requirements relevant to this backsliding purposes. 1-hour NAAQS for ozone: The redesignation action so as to preclude II. Final Actions requirements of section 172(c)(1) redesignation, and do not prevent EPA concerning the submission of the ozone from finalizing this redesignation. EPA EPA is approving the Commonwealth attainment demonstration and believes that the Court’s December 22, of Pennsylvania’s redesignation request, reasonably available control measure 2006 and June 8, 2007 decisions impose maintenance plan, and the 2002 base- requirements, the requirements of no impediment to moving forward with year emissions inventory because the section 172(c)(2) concerning reasonable requirements for approval have been the redesignation of the Franklin County further progress (RFP), and the satisfied. EPA has evaluated Area to attainment, because even in requirements of section 172(c)(9) Pennsylvania’s redesignation request light of the Court’s decisions, concerning contingency measures for that was submitted on December 14, redesignation is appropriate under the RFP or attainment. If a violation of the 2006, and determined that it meets the relevant redesignation provisions of the 1-hour ozone NAAQS is monitored in redesignation criteria set forth in section Act and longstanding policies regarding the Franklin County 1-hour ozone 107(d)(3)(E) of the CAA. EPA believes redesignation requests. nonattainment area, these In the May 30, 2007 (72 FR 29914) that the redesignation request and determinations shall no longer apply. proposed rulemaking, EPA proposed to monitoring data demonstrate that the find that the Franklin County Area had Franklin County Area has attained the III. Statutory and Executive Order satisfied the requirements under the 1- 8-hour ozone standard. The final Reviews hour standard whether the 1-hour approval of this redesignation request A. General Requirements standard was deemed to be reinstated or will change the designation of the whether the Court’s decision on the Franklin County Area from Under Executive Order 12866 (58 FR petition for rehearing was modified to nonattainment to attainment for the 8- 51735, October 4, 1993), this action is require something less than compliance hour ozone standard. EPA is approving not a ‘‘significant regulatory action’’ and with all applicable 1-hour requirements. the maintenance plan for the Franklin therefore is not subject to review by the

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Office of Management and Budget. For the relationship or the distribution of States Court of Appeals for the this reason, this action is also not power and responsibilities established appropriate circuit by September 24, subject to Executive Order 13211, in the Clean Air Act. This rule also is 2007. Filing a petition for ‘‘Actions Concerning Regulations That not subject to Executive Order 13045 reconsideration by the Administrator of Significantly Affect Energy Supply, ‘‘Protection of Children from this final rule does not affect the finality Distribution, or Use’’ (66 FR 28355, May Environmental Health Risks and Safety of this rule for the purposes of judicial 22, 2001). This action merely approves Risks’’ (62 FR 19885, April 23, 1997), review nor does it extend the time state law as meeting Federal because it approves a state rule within which a petition for judicial requirements and imposes no additional implementing a Federal standard. review may be filed, and shall not requirements beyond those imposed by In reviewing SIP submissions, EPA’s postpone the effectiveness of such rule state law. Redesignation of an area to role is to approve state choices, or action. attainment under section 107(d)(3)(e) of provided that they meet the criteria of This action, approving the the Clean Air Act does not impose any the Clean Air Act. In this context, in the redesignation of the Franklin County new requirements on small entities. absence of a prior existing requirement Area to attainment for the 8-hour ozone Redesignation is an action that affects for the State to use voluntary consensus NAAQS, the associated maintenance the status of a geographical area and standards (VCS), EPA has no authority plan, the 2002 base-year emissions does not impose any new regulatory to disapprove a SIP submission for inventory, and the MVEBs identified in requirements on sources. Accordingly, failure to use VCS. It would thus be the maintenance plan, may not be the Administrator certifies that this rule inconsistent with applicable law for challenged later in proceedings to EPA, when it reviews a SIP submission, will not have a significant economic enforce its requirements. (See section to use VCS in place of a SIP submission impact on a substantial number of small 307(b)(2).) that otherwise satisfies the provisions of entities under the Regulatory Flexibility the Clean Air Act. Redesignation is an List of Subjects Act (5 U.S.C. 601 et seq.). Because this action that affects the status of a rule approves pre-existing requirements 40 CFR Part 52 geographical area and does not impose under state law and does not impose any new requirements on sources. Thus, Environmental protection, Air any additional enforceable duty beyond the requirements of section 12(d) of the pollution control, Nitrogen dioxide, that required by state law, it does not National Technology Transfer and Ozone, Reporting and recordkeeping contain any unfunded mandate or Advancement Act of 1995 (15 U.S.C. requirements, Volatile organic significantly or uniquely affect small 272 note) do not apply. This rule does compounds. governments, as described in the not impose an information collection 40 CFR Part 81 Unfunded Mandates Reform Act of 1995 burden under the provisions of the (Pub. L. 104–4). This rule also does not Paperwork Reduction Act of 1995 (44 Environmental protection, Air have tribal implications because it will U.S.C. 3501 et seq.). pollution control, National parks, not have a substantial direct effect on Wilderness areas. B. Submission to Congress and the one or more Indian tribes, on the Dated: July 18, 2007. relationship between the Federal Comptroller General James W. Newsom, Government and Indian tribes, or on the The Congressional Review Act, 5 Acting Regional Administrator, Region III. distribution of power and U.S.C. 801 et seq., as added by the Small I responsibilities between the Federal Business Regulatory Enforcement 40 CFR part 52 is amended as follows: Government and Indian tribes, as Fairness Act of 1996, generally provides PART 52—[AMENDED] specified by Executive Order 13175 (65 that before a rule may take effect, the FR 67249, November 9, 2000). Because agency promulgating the rule must I 1. The authority citation for part 52 this action affects the status of a submit a rule report, which includes a continues to read as follows: geographical area, does not impose any copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq. new requirements on sources, or allows Congress and to the Comptroller General the state to avoid adopting or of the United States. EPA will submit a Subpart NN—Pennsylvania implementing other requirements, this report containing this rule and other action also does not have Federalism required information to the U.S. Senate, I 2. In § 52.2020, the table in paragraph implications because it does not have the U.S. House of Representatives, and (e)(1) is amended by adding an entry for substantial direct effects on the States, the Comptroller General of the United the 8-hour Ozone Maintenance Plan and on the relationship between the national States prior to publication of the rule in the 2002 Base Year Emissions Inventory government and the States, or on the the Federal Register. This rule is not a for the Franklin County, Pennsylvania distribution of power and ‘‘major rule’’ as defined by 5 U.S.C. Area at the end of the table to read as responsibilities among the various 804(2). follows: levels of government, as specified in Executive Order 13132 (64 FR 43255, C. Petitions for Judicial Review § 52.2020 Identification of plan. August 10, 1999). This action merely Under section 307(b)(1) of the Clean * * * * * approves a state rule implementing a Air Act, petitions for judicial review of (e) * * * Federal requirement, and does not alter this action must be filed in the United (1) * * *

State submittal Additional Name of non-regulatory SIP revision Applicable geographic area date EPA approval date explanation

******* 8-Hour Ozone Maintenance Plan Franklin County Area (Franklin 9/20/06, 7/25/07 [Insert page number where and 2002 Base Year Emissions County). 11/08/06 the document begins]. Inventory.

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I 3. Section 52.2037 is amended by for so long as the area does not monitor PART 81—[AMENDED] adding paragraph (m) to read: any violations of the 1-hour ozone standard of 40 CFR 50.9: the attainment I 4. The authority citation for part 81 § 52.2037 Control strategy plans for demonstration and reasonably available continues to read as follows: attainment and rate-of-progress: Ozone. control measure requirements of section Authority: 42 U.S.C. 7401 et seq. * * * * * 172(b)(1), the reasonable further I 5. In § 81.339, the table entitled (m) Determination—EPA has progress requirement of section ‘‘Pennsylvania-Ozone (8-Hour determined that, as of July 25, 2007, the 172(b)(2), and the related contingency Standard)’’ is amended by revising the Franklin County ozone nonattainment requirements of section 172(c)(9). If a entry for the Franklin County, PA Area area has attained the 1-hour ozone violation of the 1-hour ozone NAAQS is to read as follows: standard and that the following monitored in the Franklin County 1- requirements of section 172(c)(2) of the hour ozone nonattainment area, these § 81.339 Pennsylvania Clean Air Act do not apply to this area determinations shall no longer apply. * * * * *

PENNSYLVANIA—OZONE (8-HOUR STANDARD)

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

******* Franklin Co., PA: Franklin County ...... July 25, 2007 ...... Attainment ......

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

* * * * * attainment of the 8-hour ozone NAAQS public inspection during normal [FR Doc. 07–3631 Filed 7–24–07; 8:45 am] for at least 10 years after redesignation. business hours at the Air Protection BILLING CODE 6560–50–P EPA is approving the 8-hour Division, U.S. Environmental Protection maintenance plan. PADEP also Agency, Region III, 1650 Arch Street, submitted a 2002 base-year inventory Philadelphia, Pennsylvania 19103. ENVIRONMENTAL PROTECTION for the Harrisburg Area which EPA is Copies of the State submittal are AGENCY approving. In addition, EPA is available at the Pennsylvania approving the adequacy determination Department of Environmental Resources 40 CFR Parts 52 and 81 for the motor vehicle emission budgets Bureau of Air Quality Control, P.O. Box [EPA–R03–OAR–2007–0323; FRL–8445–7] (MVEBs) that are identified in the 8468, 400 Market Street, Harrisburg, Harrisburg Area maintenance plan for Pennsylvania 17105. Approval and Promulgation of Air purposes of transportation conformity, FOR FURTHER INFORMATION CONTACT: Quality Implementation Plans; and is approving those MVEBs. EPA is Ellen Wentworth (215) 814–2034, or by Pennsylvania; Redesignation of the approving the redesignation request, e-mail at [email protected]. Harrisburg-Lebanon-Carlisle Ozone and the maintenance plan and the 2002 SUPPLEMENTARY INFORMATION: Nonattainment Area to Attainment and base-year emissions inventory as Approval of the Area’s Maintenance revisions to the Pennsylvania SIP in I. Background accordance with the requirements of the Plan and 2002 Base Year Inventory On June 1, 2007 (72 FR 30521), EPA Clean Air Act (CAA). AGENCY: Environmental Protection published a notice of proposed Agency (EPA). EFFECTIVE DATE: This final rule is rulemaking (NPR) for the effective on July 25, 2007 pursuant to ACTION: Final rule. Commonwealth of Pennsylvania. The the authority of 5 U.S.C. 553(d)(1). NPR proposed approval of SUMMARY: EPA is approving a State ADDRESSES: EPA has established a Pennsylvania’s redesignation request, a Implementation Plan (SIP) revision docket for this action under Docket ID SIP revision that establishes a submitted by the Commonwealth of Number EPA–R03–OAR–2007–0323. All maintenance plan for the Harrisburg Pennsylvania. The Pennsylvania documents in the docket are listed in Area that provides for continued Department of Environmental Protection the www.regulations.gov Web site. attainment of the 8-hour ozone NAAQS (PADEP) is requesting that the Although listed in the electronic docket, for at least 10 years after redesignation, Harrisburg-Lebanon-Carlisle ozone some information is not publicly and a 2002 base-year emissions nonattainment area (‘‘Harrisburg Area’’) available, i.e., confidential business inventory. The formal SIP revision was be redesignated as attainment for the 8- information (CBI) or other information submitted by PADEP on March 27, hour ozone ambient air quality standard whose disclosure is restricted by statute. 2007. Other specific requirements of (NAAQS). EPA is approving the ozone Certain other material, such as Pennsylvania’s redesignation request, redesignation request for the Harrisburg copyrighted material, is not placed on the SIP revision for the maintenance Area. In conjunction with its the Internet and will be publicly plan, and the rationale for EPA’s redesignation request, PADEP submitted available only in hard copy form. proposed actions are explained in the a SIP revision consisting of a Publicly available docket materials are NPR and will not be restated here. No maintenance plan for the Harrisburg available either electronically through public comments were received on the Area that provides for continued www.regulations.gov or in hard copy for NPR.

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On December 22, 2006, the U.S. Court regulations. The Court thus clarified the Court in its June 8 decision clarified of Appeals for the District of Columbia that 1-hour conformity determinations that for those areas with 1-hour motor Circuit vacated EPA’s Phase 1 are not required for anti-backsliding vehicle emissions budgets, anti- Implementation Rule for the 8-hour purposes. backsliding requires only that those 1- Ozone Standard. (69 FR 23951, April 30, For the reasons set forth in the hour budgets must be used for 8-hour 2004). South Coast Air Quality proposal, EPA does not believe that the conformity determinations until Management Dist. v. EPA, 472 F.3d 882 Court’s rulings alter any requirements replaced by 8-hour budgets. To meet (D.C. Cir. 2006). On June 8, 2007, in relevant to this redesignation action so this requirement, conformity South Coast Air Quality Management as to preclude redesignation, and do not determinations in such areas must Dist. v. EPA, Docket No. 04–1201, in prevent EPA from finalizing this comply with the applicable response to several petitions for redesignation. EPA believes that the requirements of EPA’s conformity rehearing, the D.C. Circuit clarified that Court’s December 22, 2006 and June 8, regulations at 40 CFR part 93. The Court the Phase 1 Rule was vacated only with 2007 decisions impose no impediment clarified that 1-hour conformity regard to those parts of the rule that had to moving forward with the determinations are not required for anti- been successfully challenged. Therefore, redesignation of this Area to attainment, backsliding purposes. the Phase 1 Rule provisions related to because even in light of the Court’s II. Final Action classifications for areas currently decisions, redesignation is appropriate classified under subpart 2 of Title I, part under the relevant redesignation EPA is approving the Commonwealth D of the Act as 8-hour nonattainment provisions of the Act and longstanding of Pennsylvania’s redesignation request, areas, the 8-hour attainment dates, and policies regarding redesignation maintenance plan, and the 2002 base- the timing for emissions reductions requests. year emissions inventory because the needed for attainment of the 8-hour In its proposal, EPA proposed to find requirements for approval have been ozone NAAQS remain effective. The that the Area had satisfied the satisfied. EPA has evaluated June 8 decision left intact the Court’s requirements under the 1-hour standard Pennsylvania’s redesignation request rejection of EPA’s reasons for whether the 1-hour standard was that was submitted on March 27, 2007 implementing the 8-hour standard in deemed to be reinstated or whether the and determined that it meets the certain nonattainment areas under Court’s decision on the petition for redesignation criteria set forth in section subpart 1 in lieu of subpart 2. By rehearing was modified to require 107(d)(3)(E) of the CAA. EPA believes limiting the vacatur, the Court let stand something less than compliance with all that the redesignation request and EPA’s revocation of the 1-hour standard applicable 1-hour requirements. monitoring data demonstrate that the and those anti-backsliding provisions of Because EPA proposed to find that the Harrisburg Area has attained the 8-hour the Phase 1 Rule that had not been Area satisfied the requirements under ozone standard. The final approval of successfully challenged. The June 8 either scenario, EPA is proceeding to this redesignation request will change decision reaffirmed the December 22, finalize the redesignation and to the designation of the Harrisburg Area 2006 decision that EPA had improperly conclude that the Area has met the from nonattainment to attainment for failed to retain four measures required requirements under the 1-hour standard the 8-hour ozone standard. EPA is for 1-hour nonattainment areas under applicable for purposes of redesignation approving the maintenance plan for the the anti-backsliding provisions of the under the 8-hour standard. These Harrisburg Area submitted on March 27, regulations: (1) Nonattainment area New include the provisions of EPA’s anti- 2007 as a revision to the Pennsylvania Source Review (NSR) requirements backsliding rules, as well as the SIP. EPA is also approving the MVEBs based on an area’s 1-hour nonattainment additional anti-backsliding provisions submitted by PADEP in conjunction classification; (2) Section 185 penalty identified by the Court in its rulings. In with its redesignation request. In fees for 1-hour severe or extreme its June 8, 2007 decision, the Court addition, EPA is approving the 2002 nonattainment areas; and (3) measures limited its vacatur so as to uphold those base-year emissions inventory as a to be implemented pursuant to section provisions of the anti-backsliding revision to the Pennsylvania SIP 172(c)(9) or 182(c)(9) of the Act, on the requirements that were not successfully submitted by PADEP on March 27, contingency of an area not making challenged. Therefore, EPA finds that 2007. In this final rulemaking, EPA is reasonable further progress toward the Area has met the anti-backsliding notifying the public that we have found attainment of the 1-hour NAAQS, or for requirements, see 40 CFR 51.900 et seq; that the MVEBs for NOX and VOCs in failure to attain that NAAQS. In 70 FR 30592, 30604 (May 26, 2005) the Harrisburg Area for the 8-hour ozone addition the June 8 decision clarified which apply by virtue of the Area’s maintenance plan are adequate and that the Court’s reference to conformity classification for the 1-hour ozone approved for conformity purposes. As a requirements for anti-backsliding NAAQS, as well as the four additional result of our finding, the Harrisburg purposes was limited to requiring the anti-backsliding provisions identified by Area must use the MVEBs from the continued use of 1-hour motor vehicle the Court, or that such requirements are submitted 8-hour ozone maintenance emissions budgets until 8-hour budgets not applicable for purposes of plan for future conformity were available for 8-hour conformity redesignation. In addition, with respect determinations. The adequate and determinations, which is already to the requirement for transportation approved MVEBs are provided in the required under EPA’s conformity conformity under the 1-hour standard, following table:

TABLE 1.—MOTOR VEHICLE EMISSIONS BUDGETS IN KILOGRAMS PER DAY (TONS PER DAY—ROUNDED)

Year VOC NOX

Harrisburg Area Transportation Study (HATS)—Cumberland, Dauphin, and Perry Counties

2009 ...... 23,014 (25.4) 41,917 (46.2) 2018 ...... 16,136 (17.8) 18,409 (20.3)

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TABLE 1.—MOTOR VEHICLE EMISSIONS BUDGETS IN KILOGRAMS PER DAY (TONS PER DAY—ROUNDED)—Continued

Year VOC NOX

Lebanon County MPO (LEBCO)

2009 ...... 4,301 (4.7) 8,928 (9.8) 2018 ...... 2,512 (2.8) 3,684 (4.1) *Note: Tons per day are informational only. Differences occur due to rounding.

The Harrisburg Area is subject to the allows the state to avoid adopting or copy of the rule, to each House of the CAA’s requirement for the basic implementing other requirements, this Congress and to the Comptroller General nonattainment areas until and unless it action also does not have Federalism of the United States. EPA will submit a is redesignated to attainment. implications because it does not have report containing this rule and other substantial direct effects on the States, required information to the U.S. Senate, III. Statutory and Executive Order on the relationship between the national Reviews the U.S. House of Representatives, and government and the States, or on the the Comptroller General of the United A. General Requirements distribution of power and States prior to publication of the rule in responsibilities among the various the Federal Register. This rule is not a Under Executive Order 12866 (58 FR levels of government, as specified in ‘‘major rule’’ as defined by 5 U.S.C. 51735, October 4, 1993), this action is Executive Order 13132 (64 FR 43255, 804(2). not a ‘‘significant regulatory action’’ and August 10, 1999). This action merely therefore is not subject to review by the approves a state rule implementing a C. Petitions for Judicial Review Office of Management and Budget. For Federal requirement, and does not alter this reason, this action is also not the relationship or the distribution of Under section 307(b)(1) of the Clean subject to Executive Order 13211, power and responsibilities established Air Act, petitions for judicial review of ‘‘Actions Concerning Regulations That in the Clean Air Act. This rule also is this action must be filed in the United Significantly Affect Energy Supply, not subject to Executive Order 13045 States Court of Appeals for the Distribution, or Use’’ (66 FR 28355, May ‘‘Protection of Children from appropriate circuit by September 24, 22, 2001). This action merely approves Environmental Health Risks and Safety 2007. Filing a petition for state law as meeting Federal Risks’’ (62 FR 19885, April 23, 1997), reconsideration by the Administrator of requirements and imposes no additional because it approves a state rule this final rule does not affect the finality requirements beyond those imposed by implementing a Federal standard. of this rule for the purposes of judicial state law. Redesignation of an area to In reviewing SIP submissions, EPA’s review nor does it extend the time attainment under section 107(d)(3)(e) of role is to approve state choices, within which a petition for judicial the Clean Air Act does not impose any provided that they meet the criteria of review may be filed, and shall not new requirements on small entities. the Clean Air Act. In this context, in the postpone the effectiveness of such rule Redesignation is an action that affects absence of a prior existing requirement or action. the status of a geographical area and for the State to use voluntary consensus This action, approving the does not impose any new regulatory standards (VCS), EPA has no authority redesignation of the Harrisburg Area to requirements on sources. Accordingly, to disapprove a SIP submission for attainment for the 8-hour ozone the Administrator certifies that this final failure to use VCS. It would thus be NAAQS, the associated maintenance rule will not have a significant inconsistent with applicable law for plan, the 2002 base-year emissions economic impact on a substantial EPA, when it reviews a SIP submission, inventory, and the MVEBs identified in number of small entities under the to use VCS in place of a SIP submission the maintenance plan, may not be Regulatory Flexibility Act (5 U.S.C. 601 that otherwise satisfies the provisions of challenged later in proceedings to et seq.). Because this rule approves pre- the Clean Air Act. Redesignation is an enforce its requirements. (See section existing requirements under state law action that affects the status of a 307(b)(2).) and does not impose any additional geographical area and does not impose enforceable duty beyond that required any new requirements on sources. Thus, List of Subjects by state law, it does not contain any the requirements of section 12(d) of the 40 CFR Part 52 unfunded mandate or significantly or National Technology Transfer and uniquely affect small governments, as Advancement Act of 1995 (15 U.S.C. Environmental protection, Air described in the Unfunded Mandates 272 note) do not apply. This rule does pollution control, Nitrogen dioxide, Reform Act of 1995 (Pub. L. 104–4). not impose an information collection Ozone, Reporting and recordkeeping This final rule also does not have tribal burden under the provisions of the requirements, Volatile organic implications because it will not have a Paperwork Reduction Act of 1995 (44 compounds. substantial direct effect on one or more USC. 3501 et seq.). Indian tribes, on the relationship 40 CFR Part 81 between the Federal Government and B. Submission to Congress and the Indian tribes, or on the distribution of Comptroller General Environmental protection, Air power and responsibilities between the The Congressional Review Act, 5 pollution control, National parks, Federal Government and Indian tribes, U.S.C. 801 et seq., as added by the Small Wilderness areas. as specified by Executive Order 13175 Business Regulatory Enforcement Dated: July 16, 2007. (65 FR 67249, November 9, 2000). Fairness Act of 1996, generally provides Donald S. Welsh, Because this action affects the status of that before a rule may take effect, the Regional Administrator, Region III. a geographical area, does not impose agency promulgating the rule must any new requirements on sources, or submit a rule report, which includes a I 40 CFR part 52 is amended as follows:

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PART 52—[AMENDED] Subpart NN–Pennsylvania Pennsylvania Area at the end of the table to read as follows: I 1. The authority citation for part 52 I 2. In § 52.2020, the table in paragraph § 52.2020 Identification of plan. continues to read as follows: (e)(1) is amended by adding an entry for the 8-hour Ozone Maintenance Plan and * * * * * Authority: 42 U.S.C. 7401 et seq. 2002 Base Year Emissions Inventory for (e) * * * the Harrisburg-Lebanon-Carlisle, (1) * * *

State submittal Additional Name of non-regulatory SIP revision Applicable geographic area date EPA approval date explanation

******* 8-Hour Ozone Maintenance Plan Harrisburg-Lebanon-Carlisle, PA: 03/27/07 07/25/07 [Insert page number and 2002 Base Year Emissions Cumberland County, Dauphin where the document begins]. Inventory. County, Lebanon County, Perry County.

PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. Carlisle, Pennsylvania Area to read as I 4. In § 81.339, the table entitled follows: I ‘‘Pennsylvania-Ozone (8-Hour 3. The authority citation for part 81 § 81.339 Pennsylvania continues to read as follows: Standard)’’ is amended by revising the entry for the Harrisburg-Lebanon- * * * * *

PENNSYLVANIA—OZONE (8-HOUR STANDARD)

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

******* Harrisburg-Lebanon-Carlisle PA: Cumberland County, Dauphin 07/25/07 ...... Attainment ...... County, Lebanon County, Perry County.

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

* * * * * Vip3Aa19 in cotton. This technical copyrighted material, is not placed on [FR Doc. 07–3632 Filed 7–24–07; 8:45 am] amendment is being issued to clarify the the Internet and will be publicly BILLING CODE 6560–50–P status and the wording of the tolerance available only in hard copy form. exemption for Bacillus thuringeniensis Publicly available docket materials are Vip3Aa19 in cotton. available either in the electronic docket ENVIRONMENTAL PROTECTION DATES: This final rule is effective July at http://www.regulations.gov, or, if only AGENCY 25, 2007. available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory 40 CFR Part 174 ADDRESSES: EPA has established a Public Docket in Rm. S–4400, One docket for this action under docket [EPA–HQ–OPP–2006–0913; FRL–8134–3] Potomac Yard (South Building), 2777 S. identification (ID) number EPA–HQ– Crystal Drive Arlington, VA. The hours Bacillus thuringiensis Vip3Aa19 OPP–2006–0913. To access the of operation of this Docket Facility are Protein in Cotton; Exemption from the electronic docket, go to http:// from 8:30 a.m. to 4 p.m., Monday www.regulations.gov, select ‘‘Advanced Requirements of a Tolerance; through Friday, excluding legal Search,’’ then ‘‘Docket Search.’’ Insert Technical Amendment holidays. The Docket telephone number the docket ID number where indicated is (703) 305–5805. AGENCY: Environmental Protection and select the ‘‘Submit’’ button. Follow Agency (EPA). the instructions on the regulations.gov FOR FURTHER INFORMATION CONTACT: ACTION: Final rule; technical web site to view the docket index or Alan Reynolds, Biopesticides and amendment. access available documents. All Pollution Prevention Division (7511P), documents in the docket are listed in Office of Pesticide Programs, SUMMARY: EPA issued a direct final rule the docket index available in Environmental Protection Agency, 1200 in the Federal Register of April 25, 2007 regulations.gov. Although listed in the Pennsylvania Ave., NW., Washington (72 FR 20431), concerning plant- index, some information is not publicly DC 20460–0001; telephone number: incorporated protectant tolerance available, e.g., Confidential Business (703) 605–0515, e-mail address: exemptions. On May 9, 2007 EPA issued Information (CBI) or other information [email protected]. a final rule revising the tolerance whose disclosure is restricted by statute. exemption for Bacillus thuringeniensis Certain other material, such as SUPPLEMENTARY INFORMATION:

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I. General Information on cotton. The temporary tolerance enforceable duty, contain any unfunded exemption expires on May 1, 2008. mandate, or impose any significant or A. Does this Action Apply to Me? Section 174.452 as printed in the May unique impact on small governments as The Agency included in the final rule 9, 2007 issued of the Federal Register described in the Unfunded Mandates a list of those who may be potentially codified the current and correct version Reform Act of 1995 (UMRA) (Public affected by this action. If you have of the Bacillus thuringiensis Vip3Aa19 Law 104–4). Nor does it require prior questions regarding the applicability of protein in cotton when applied or used consultation with State, local, and tribal this action to a particular entity, consult as a PIP on cotton in §174.452. The May government officials as specified by the person listed under the FOR FURTHER 9, 2007 version of §174.452 became Executive Order 12875, entitled INFORMATION CONTACT. effective on May 9, 2007. However, Enhancing the Intergovernmental §174.452 was redesignated as §174.501 Partnership (58 FR 58093, October 28, B. How Can I Access Electronic Copies in the April 25, 2007 issue of the 1993) and Executive Order 13084, of this Document and Other Related Federal Register. The redesignation and entitled Consultation and Coordination Information? revision becomes effective no earlier with Indian Tribal Governments (63 FR In addition to using regulations.gov, than July 24, 2007, if no adverse 27655, May 19,1998), or special you may access this Federal Register comment is received. Once the direct consideration of environmental justice document electronically through the final rule becomes effective the revision related issues under Executive Order EPA Internet under the ‘‘Federal of §174.452 as published in the May 9, 12898, entitled Federal Actions to Register’’ listings at http:// 2007 issue of the Federal Register will Address Environmental Justice in www.epa.gov/fedrgstr. be wiped out because §174.452 will no Minority Populations and Low-Income longer exist. With this technical Populations (59 FR 7629, February 16, II. What Does this Correction Do? amendment EPA is revising §174.501 to 1994). This action does not involve any In a direct final rule published on read the same as §174.452 which, as technical standards that would require April 25, 2007, (72 FR 20431)(FRL– was stated above, will be eliminated Agency consideration of voluntary 7742–2) EPA took action to move once the direct final rule becomes consensus standards pursuant to section existing active and inert ingredient effective. 12(d) of the National Technology plant-incorporated protectant tolerance III. Why is this Correction Issued as a Transfer and Advancement Act of 1995 exemptions from 40 CFR part 180, Final Rule? (NTTAA), Public Law since this action Tolerances and Exemptions from is not subject to notice-and-comment Section 553 of the Administrative requirements under the Administrative Tolerances for Pesticide Chemicals in Procedure Act (APA), 5 U.S.C. Food to 40 CFR part 174, Procedures Procedure Act (APA) or any other 553(b)(B), provides that, when an statute, it is not subject to the regulatory and Requirements for Plant- Agency for good cause finds that notice Incorporated Protectants, subpart W. flexibility provisions of the Regulatory and public procedure are impracticable, Flexibility Act (RFA) (5 U.S.C. 601 et EPA also made some conforming unnecessary or contrary to the public changes to the text of the individual seq.). interest, the Agency may issue a final EPA’s compliance with these statutes exemptions that were transferred from rule without providing notice and an and Executive Orders for the May 9, part 180 so that they would be opportunity for public comment. EPA 2007 final rule, which established an consistent with part 174, as well as has determined that there is good cause extension of the temporary exemption some minor technical corrections to the for making today’s technical correction from the requirement of a tolerance for wording of certain individual final without prior proposal and residues of the Bacillus thuringiensis exemptions. Since this action was opportunity for comment, because the Vip3Aa19 protein in cotton when issued as a direct final rule the changes original issuance of the revised applied or used as a plant-incorporated had a delayed effective date and did not §174.452 was properly executed and the protectant (PIP), is discussed in the become effective until July 24, 2007. impact of the delayed effective date for preamble for the final rule (72 FR Included in the redesignation and the April 25, 2007 final rule removing 26300). revision of part 174, subpart W was the content of that section was §174.452 which was redesignated as inadvertent. EPA finds that this V. Congressional Review Act §174.501. constitutes good cause under 5 U.S.C. The Congressional Review Act, 5 In the May 9, 2007 issue of the 553(b)(B). U.S.C. 801 et seq., generally provides Federal Register (72 FR 26300), EPA that before a rule may take effect, the IV. Do Any of the Statutory and issued a final rule which extended the Agency promulgating the rule must Executive Order Reviews Apply to this temporary exemption from the submit a rule report to each House of Action? requirement of a tolerance for residues the Congress and to the Comptroller of the Bacillus thuringiensis Vip3Aa19 No. This final rule does not impose General of the United States. EPA will protein in cotton when applied or used any new requirements. It only submit a report containing this rule and as a plant-incorporated protectant (PIP) implements a technical correction to the other required information to the U.S. by revising §174.452. The extension of Code of Federal Regulations (CFR). As Senate, the U.S. House of the temporary exemptions was such, this action does not require review Representatives, and the Comptroller requested in a petition submitted by by the Office of Management and General of the United States prior to Syngenta Seeds, Inc. to EPA under the Budget (OMB) under Executive Order publication of this final rule in the Federal Food, Drug, and Cosmetic Act 12866, entitled Regulatory Planning and Federal Register. This final rule is not (FFDCA), as amended by the Food Review (58 FR 51735, October 4, 1993), a ‘‘major rule’’ as defined by 5 U.S.C. Quality Protection Act of 1996 (FQPA). the Paperwork Reduction Act (PRA), 44 804(2). The May 9, 2007 final rule eliminated U.S.C. 3501 et seq., or Executive Order the need to establish a maximum 13045, entitled Protection of Children List of Subjects in 40 CFR Part 174 permissible level for residues of the from Environmental Health Risks and Environmental protection, Bacillus thuringiensis Vip3Aa19 protein Safety Risks (62 FR 19885, April 23, Administrative practice and procedure, in cotton when applied or used as a PIP 1997). This action does not impose any Agricultural commodities, Pesticides

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and pests, Reporting and recordkeeping SUMMARY: This regulation establishes a (703) 308–9364; e-mail address: requirements. time-limited tolerance for diflubenzuron [email protected]. and its metabolites p-chlorophenylurea SUPPLEMENTARY INFORMATION: Dated: July 17, 2007. and p-chloroaniline in or on lemon. Janet L. Andersen, This action is in response to EPA’s I. General Information Director, Biopesticides and Pollution granting of an emergency exemption A. Does this Action Apply to Me? Prevention Division, Office of Pesticide under section 18 of the Federal Programs. Insecticide, Fungicide, and Rodenticide You may be potentially affected by I Therefore, 40 CFR part 174 is Act (FIFRA) authorizing use of the this action if you are an agricultural amended as follows: pesticide on lemon. This regulation producer, food manufacturer, or establishes a maximum permissible pesticide manufacturer. Potentially PART 174—[AMENDED] level for combined residues of affected entities may include, but are not limited to: I 1. The authority citation for part 174 diflubenzuron and its metabolites p- • chlorophenylurea and p-chloroaniline, Crop production (NAICS code continues to read as follows: 111). in this food commodity. The tolerance • Authority: 7 U.S.C. 136–136y; 21 U.S.C. expires and is revoked on December 31, Animal production (NAICS code 346a and 371. 112). 2010. • I 2. Section 174.501 is revised to read as Food manufacturing (NAICS code DATES: This regulation is effective July follows: 311). 25, 2007. Objections and requests for • Pesticide manufacturing (NAICS §174.501 Bacillus thuringiensis Vip3Aa19 hearings must be received on or before code 32532). protein in cotton; temporary exemption September 24, 2007, and must be filed This listing is not intended to be from the requirement of a tolerance. in accordance with the instructions exhaustive, but rather provides a guide Residues of Bacillus thuringiensis provided in 40 CFR part 178 (see also for readers regarding entities likely to be Vip3Aa19 protein in cotton are Unit I.C. of the SUPPLEMENTARY affected by this action. Other types of temporarily exempt from the INFORMATION. entities not listed in this unit could also requirement of a tolerance when used as ADDRESSES: EPA has established a be affected. The North American a plant-incorporated protectant (PIP) in docket for this action under docket Industrial Classification System the food and feed commodities of identification (ID) number EPA–HQ– (NAICS) codes have been provided to cotton; vegetative-insecticidal protein in OPP–2007–0446. To access the assist you and others in determining cotton seed, cotton oil, cotton meal, electronic docket, go to http:// whether this action might apply to cotton hay, cotton hulls, cotton forage, www.regulations.gov, select ‘‘Advanced certain entities. If you have any and cotton gin byproducts. This Search,’’ then ‘‘Docket Search.’’ Insert questions regarding the applicability of temporary exemption from the the docket ID number where indicated this action to a particular entity, consult requirement of tolerance will permit the and select the ‘‘Submit’’ button. Follow the person listed under FOR FURTHER use of the food commodities in this the instructions on the regulations.gov INFORMATION CONTACT. section when treated in accordance with web site to view the docket index or the provisions of the experimental use B. How Can I Access Electronic Copies access available documents. All permit (EUP) 67979–EUP–7, which is of this Document? documents in the docket are listed in being issued in accordance with the In addition to accessing an electronic the docket index available in provisions of the Federal Insecticide, copy of this Federal Register document regulations.gov. Although listed in the Fungicide, and Rodenticide Act through the electronic docket at http:// index, some information is not publicly (FIFRA), as amended (7 U.S.C. 136). www.regulations.gov, you may access available, e.g., Confidential Business This temporary exemption from the this Federal Register document Information (CBI) or other information requirement of a tolerance expires and electronically through the EPA Internet whose disclosure is restricted by statute. is revoked May 1, 2008. However,if the under the ‘‘Federal Register’’ listings at Certain other material, such as EUP is revoked, or if any experience http://www.epa.gov/fedrgstr. You may copyrighted material, is not placed on with or scientific data on this pesticide also access a frequently updated the Internet and will be publicly indicate that the temporary tolerance electronic version of 40 CFR part 180 available only in hard copy form. exemption is not safe, this temporary through the Government Printing Publicly available docket materials are exemption from the requirement of a Office’s pilot e-CFR site at http:// available either in the electronic docket tolerance may be revoked at any time. www.gpoaccess.gov/ecfr. at http://www.regulations.gov, or, if only [FR Doc. E7–14373 Filed 7–24–07; 8:45 am] available in hard copy, at the Office of C. Can I File an Objection or Hearing BILLING CODE 6560–50–S Pesticide Programs (OPP) Regulatory Request? Public Docket in Rm. S–4400, One Under section 408(g) of the FFDCA, as Potomac Yard (South Bldg.), 2777 S. ENVIRONMENTAL PROTECTION amended by the FQPA, any person may Crystal Dr., Arlington, VA. The hours of AGENCY file an objection to any aspect of this operation of this Docket Facility are regulation and may also request a 40 CFR Part 180 from 8:30 a.m. to 4 p.m., Monday hearing on those objections. The EPA through Friday, excluding legal procedural regulations which govern the [EPA–HQ–OPP–2007–0446; FRL–8136–7] holidays. The Docket Facility telephone submission of objections and requests number is (703) 305–5805. for hearings appear in 40 CFR part 178. Diflubenzuron; Pesticide Tolerances FOR FURTHER INFORMATION CONTACT: You must file your objection or request for Emergency Exemptions Libby Pemberton, Registration Division a hearing on this regulation in AGENCY: Environmental Protection (7505P), Office of Pesticide Programs, accordance with the instructions Agency (EPA). Environmental Protection Agency, 1200 provided in 40 CFR part 178. To ensure Pennsylvania Ave., NW., Washington, proper receipt by EPA, you must ACTION: Final rule. DC 20460–0001; telephone number: identify docket ID number EPA–HQ–

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OPP–2007–0446 in the subject line on application of section 408 of the FFDCA stages as well. EPA has authorized the first page of your submission. All and the new safety standard to other under FIFRA section 18 the use of requests must be in writing, and must be tolerances and exemptions. Section diflubenzuron on lemon for control of mailed or delivered to the Hearing Clerk 408(e) of the FFDCA allows EPA to Diaprepes root weevil in California. on or before September 24, 2007. establish a tolerance or an exemption After having reviewed the submission, In addition to filing an objection or from the requirement of a tolerance on EPA concurs that emergency conditions hearing request with the Hearing Clerk its own initiative, i.e., without having exist for this State. as described in 40 CFR part 178, please received any petition from an outside As part of its assessment of this submit a copy of the filing that does not party. emergency exemption, EPA assessed the contain any CBI for inclusion in the Section 408(b)(2)(A)(i) of the FFDCA public docket that is described in allows EPA to establish a tolerance (the potential risks presented by residues of diflubenzuron in or on lemon. In doing ADDRESSES. Information not marked legal limit for a pesticide chemical confidential pursuant to 40 CFR part 2 residue in or on a food) only if EPA so, EPA considered the safety standard may be disclosed publicly by EPA determines that the tolerance is ‘‘safe.’’ in section 408(b)(2) of the FFDCA, and without prior notice. Submit your Section 408(b)(2)(A)(ii) of the FFDCA EPA decided that the necessary copies, identified by docket ID number defines ‘‘safe’’ to mean that ‘‘there is a tolerance under section 408(l)(6) of the EPA–HQ–OPP–2007–0446, by one of reasonable certainty that no harm will FFDCA would be consistent with the the following methods: result from aggregate exposure to the safety standard and with FIFRA section • Federal eRulemaking Portal: pesticide chemical residue, including 18. Consistent with the need to move http://www.regulations.gov. Follow the all anticipated dietary exposures and all quickly on the emergency exemption in on-line instructions for submitting other exposures for which there is order to address an urgent non-routine comments. reliable information.’’ This includes situation and to ensure that the resulting • Mail: Office of Pesticide Programs exposure through drinking water and in food is safe and lawful, EPA is issuing (OPP) Regulatory Public Docket (7502P), residential settings, but does not include this tolerance without notice and Environmental Protection Agency, 1200 occupational exposure. Section opportunity for public comment as Pennsylvania Ave., NW., Washington, 408(b)(2)(C) of the FFDCA requires EPA provided in section 408(l)(6) of the DC 20460–0001. to give special consideration to FFDCA. Although this tolerance expires • Delivery: OPP Regulatory Public exposure of infants and children to the and is revoked on December 31, 2007, Docket (7502P), Environmental pesticide chemical residue in under section 408(l)(5) of the FFDCA, Protection Agency, Rm. S–4400, One establishing a tolerance and to ‘‘ensure residues of the pesticide not in excess Potomac Yard (South Bldg.), 2777 S. that there is a reasonable certainty that of the amounts specified in the Crystal Dr., Arlington, VA. Deliveries no harm will result to infants and tolerance remaining in or on lemon after are only accepted during the Docket’s children from aggregate exposure to the that date will not be unlawful, provided normal hours of operation (8:30 a.m. to pesticide chemical residue. . . ’’ the pesticide is applied in a manner that 4 p.m., Monday through Friday, Section 18 of the FIFRA authorizes was lawful under FIFRA, and the excluding legal holidays). Special EPA to exempt any Federal or State residues do not exceed a level that was arrangements should be made for agency from any provision of FIFRA, if authorized by this tolerance at the time deliveries of boxed information. The EPA determines that ‘‘emergency of that application. EPA will take action Docket Facility telephone number is conditions exist which require such to revoke this tolerance earlier if any (703) 305–5805. exemption.’’ This provision was not experience with, scientific data on, or amended by the Food Quality Protection II. Background and Statutory Findings other relevant information on this Act of 1996 (FQPA). EPA has pesticide indicate that the residues are EPA, on its own initiative, in established regulations governing such not safe. accordance with sections 408(e) and emergency exemptions in 40 CFR part 408(l)(6) of the Federal Food, Drug, and 166. Because this tolerance is being Cosmetic Act (FFDCA), 21 U.S.C. 346a, EPA is also revising the tolerance approved under emergency conditions, is establishing a tolerance for of the expression in § 180.377(b) to be EPA has not made any decisions about insecticide, diflubenzuron and its consistent with the preferable wording whether diflubenzuron meets EPA’s metabolites p-chlorophenylurea and p- as expressed in § 180.377(a)(2). registration requirements for use on chloroaniline, in or on lemon at 0.8 lemon or whether a permanent tolerance parts per million (ppm). This tolerance III. Emergency Exemption for for this use would be appropriate. expires and is revoked on December 31, Diflubenzuron on Lemon and FFDCA Under these circumstances, EPA does 2010. EPA will publish a document in Tolerances not believe that this tolerance serves as the Federal Register to remove the In the fall of 2005 and spring of 2006, a basis for registration of diflubenzuron revoked tolerance from the Code of active infestations of Diaprepes root by a State for special local needs under Federal Regulations (CFR). weevil were detected including one FIFRA section 24(c). Nor does this Section 408(l)(6) of the FFDCA lemon orchard (28 acres) in commercial tolerance serve as the basis for any State requires EPA to establish a time-limited sites in Long Beach, Newport Beach, other than California to use this tolerance or exemption from the Carlsbad, Encintas, and La Jolla, pesticide on this crop under section 18 requirement for a tolerance for pesticide California. The California Department of of FIFRA without following all chemical residues in food that will Food and Agriculture (CDFA) has provisions of EPA’s regulations result from the use of a pesticide under quarantined these sites and has already implementing FIFRA section 18 as an emergency exemption granted by initiated eradication treatments using identified in 40 CFR part 166. For EPA under section 18 of FIFRA. Such products that impact various life stages additional information regarding the tolerances can be established without of this insect. The emergency use of emergency exemption for providing notice or period for public diflubenzuron is needed to treat the egg diflubenzuron, contact the Agency’s comment. EPA does not intend for its stage of the weevil when they are Registration Division at the address actions on section 18 related tolerances detected in lemon. The overall program provided under FOR FURTHER to set binding precedents for the involves treatment for larval and adult INFORMATION CONTACT.

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IV. Aggregate Risk Assessment and diflubenzuron are established under 40 assessment was conducted using the Determination of Safety CFR 180.377. Tolerances listed in 40 established/recommended tolerances for EPA performs a number of analyses to CFR 180.377(a)(1) are expressed in all food commodities, 100% CT determine the risks from aggregate terms of diflubenzuron per se. Under information for all proposed and TM exposure to pesticide residues. For this section, tolerances of 0.05–6.0 ppm existing uses, and DEEM( ) Version further discussion of the regulatory are established for residues in/on eggs; 7.81 default processing factors for some requirements of section 408 of the milk; fat and meat of cattle, goat, hog, processed commodities. FFDCA and a complete description of horse, poultry, and sheep; poultry meat iii. Cancer. The Agency has classified the risk assessment process, see http:// byproducts; cottonseed; mushroom; diflubenzuron as ‘‘Group E,’’ evidence www.epa.gov/fedrgstr/EPA-PEST/1997/ grapefruit, orange (sweet); tangerine; of non-carcinogenicity for humans, November/Day-26/p30948.htm. soybean hulls; and globe artichoke. based on lack of evidence of Consistent with section 408(b)(2)(D) Tolerances listed in 40 CFR carcinogenicity in rats and mice. There of the FFDCA, EPA has reviewed the 180.377(a)(2) are expressed in terms of are also two metabolites of available scientific data and other the combined residues of diflubenzuron diflubenzuron; PCA and CPU. PCA relevant information in support of this and its metabolites 4-chlorophenylurea tested positive for splenic tumors in action. EPA has sufficient data to assess (CPU) and 4-chloroaniline (PCA). Under male rats and hepatocellular adenomas/ the hazards of diflubenzuron and to this section, tolerances of 0.02-55.0 pm carcinomas in male mice in a National make a determination on aggregate are established for residues in/on rice Toxicology Program (NTP) study. exposure, consistent with section grain and straw; barley grain, straw, and Therefore, EPA classified PCA as a 408(b)(2) of the FFDCA, for a time- hay; oat, forage, grain, hay, and straw; ‘‘Group B2’’ probable human limited tolerance for combined residues wheat forage, grain, hay, and straw; carcinogen. The Agency determined for of diflubenzuron in or on lemon at 0.8 grain aspirated fractions; brassica, leafy those commodities that contained PCA ppm. EPA’s assessment of the dietary greens, subgroup 5B; grass, forage, and CPU, the Q1* of PCA should be exposures and risks associated with fodder, and hay, group 17; tree nuts used to calculate the cancer risk from establishing the tolerance follows. (group 14); peanut, peanut hay and the sum of these two metabolites. refined oil; pistachios; fruit, stone Based on the submitted metabolism A. Toxicological Endpoints (group 12) except cherry; meat studies, there are two possible sources For hazards that have a threshold byproducts of cattle, goat, hog, horse, for dietary exposure to PCA and CPU: below which there is no appreciable and sheep; pear; pepper; pummelo; Residues in mushrooms and residues in risk, the dose at which no adverse turnip greens; and almond hulls. Time- milk and liver. Because human effects are observed (the NOAEL) from limited tolerances listed in 40 CFR exposure to PCA and CPU will not be the toxicology study identified as 180.377(b) are expressed in terms of the affected by the proposed new uses, and appropriate for use in risk assessment is combined residues of diflubenzuron and EPA has previously concluded that used to estimate the toxicological level its metabolites CPU and PCA, expressed exposure to these compounds is safe, of concern (LOC). However, the lowest as the parent diflubenzuron, in therefore, the cancer dietary risk from dose at which adverse effects of concern connection with use of the pesticide PCA and CPU will not be addressed in are identified (the LOAEL) is sometimes under Section 18 Emergency this document. For a detailed discussion used for risk assessment if no NOAEL Exemptions granted by EPA. Risk on the exposure and risks to PCA and was achieved in the toxicology study assessments were conducted by EPA to CPU, please refer to the September, selected. An uncertainty factor (UF) is assess dietary exposures from 2002 Federal Register document titled applied to reflect uncertainties inherent diflubenzuron in food as follows: Diflubenzuron; Pesticide Tolerances in the extrapolation from laboratory i. Acute exposure. Acute dietary risk (September 19, 2002, FR 67 59006); animal data to humans and in the assessments are performed for a food- http://www.epa.gov/fedrgstr/EPA-PEST/ variations in sensitivity among members use pesticide if a toxicological study has 2002/September/Day-19/p23818.htm. of the human population as well as indicated the possibility of an effect of 2. Dietary exposure from drinking other unknowns. concern occurring as a result of a 1–day water. The Agency lacks sufficient The linear default risk methodology or single exposure. The diflubenzuron monitoring exposure data to assess (Q*) is the primary method currently toxicology studies indicated no dietary exposure to diflubenzuron in used by the Agency to quantify non- possibility of such an effect for either drinking water based on measured threshold hazards such as cancer. The the general U.S. population (including drinking water concentrations. Because Q* approach assumes that any amount infants and children) or the females 13– the Agency does not have of exposure will lead to some degree of 50 years old population subgroup for comprehensive monitoring data, cancer risk, estimates risk in terms of diflubenzuron; therefore, an acute drinking water concentration estimates the probability of occurrence of dietary exposure analysis was not are made by reliance on simulation or additional cancer cases. More performed. modeling taking into account data on information can be found on the general ii. Chronic exposure. In conducting the physical characteristics of principles EPA uses in risk this chronic dietary risk assessment the diflubenzuron. Further information characterization athttp://www.epa.gov/ Dietary Exposure Evaluation Model regarding EPA drinking water models pesticides/health/human.htm. A (DEEM-FCIDTM) analysis evaluated the used in pesticide exposure assessment summary of the toxicological endpoints individual food consumption as can be found at http://www.epa.gov/ for diflubenzuron used for human risk reported by respondents in the U.S. oppfed1/models/water/index.htm. assessment is discussed in Unit III.B. of Department of Agriculture (USDA) Based on the Pesticide Root Zone the final rule published in the Federal 1994–1996 and 1998 Nationwide Model/Exposure Analysis Modeling Register of September 19, 2002 (67 FR Continuing Surveys of Food Intake by System (PRZM/EXAMS) and Screening 59006) (FRL–7200–4). Individuals (CSFII) and accumulated Concentrations in Ground Water (SCI- exposure to the chemical for each GROW) models, the estimated B. Exposure Assessment commodity. The following assumptions environmental concentrations (EECs) of 1. Dietary exposure from food and were made for the chronic exposure diflubenzuron and the major degradate feed uses. Tolerances for residues of assessments: A chronic dietary-exposure CPU for chronic exposures are estimated

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to be 2.76 parts per billion (ppb) for C. Safety Factor for Infants and Children diflubenzuron that result in chronic surface water and 0.208 ppb for ground 1. In general. Section 408 of the residential exposure to diflubenzuron. water. Modeled estimates of drinking FFDCA provides that EPA shall apply EPA does not expect the aggregate water concentrations were directly an additional tenfold margin of safety exposure to exceed 100% of the cPAD. entered into the dietary exposure model for infants and children in the case of 3. Short-term risk. Short-term TM (DEEM-FCID , Version 2.03). For threshold effects to account for prenatal aggregate exposure takes into account chronic dietary risk assessment, the and postnatal toxicity and the residential exposure plus chronic annual average concentration of 2.76 completeness of the database on toxicity exposure to food and water (considered ppb was used to represent the drinking and exposure unless EPA determines to be a background exposure level). The aggregate risk is the sum of the water contribution to chronic dietary that a different margin of safety will be risk from food and water, which do not exposure for diflubenzuron. safe for infants and children. Margins of exceed the Agency’s LOC. 3. From non-dietary exposure. The safety are incorporated into EPA risk 4. Intermediate-term risk. term ‘‘residential exposure’’ is used in assessments either directly through use Intermediate-term aggregate exposure this document to refer to non- of a MOE analysis or through using takes into account non-dietary, non- occupational, non-dietary exposure uncertainty (safety) factors in occupational exposure plus chronic (e.g., for lawn and garden pest control, calculating a dose level that poses no exposure to food and water (considered indoor pest control, termiticides, and appreciable risk to humans. to be a background exposure level). flea and tick control on pets). Although 2. Prenatal and postnatal sensitivity. The aggregate risk is the sum of the there are no registered homeowner uses, Based on the developmental and risk from food and water, which do not there are registered uses for professional reproductive toxicity studies, there is no exceed the Agency’s LOC. applications to outdoor residential and indication of increased susceptibility of 5. Aggregate cancer risk for U.S. recreational areas to control mosquitoes, rats or rabbits to in utero or postnatal population. Based on the available moths, and other insects. In addition, exposure. evidence, which included adequate certain residential use sites will be 3. Conclusion. There is a complete carcinogenicity studies in rats and mice, treated in association with this toxicity database for diflubenzuron and and battery of negative mutagenicity emergency exemption for the control of exposure data are complete or are studies, diflubenzuron has been the Diaprepes root weevil. However, estimated based on data that reasonably classified as ‘‘Group E,’’ evidence of EPA considers the potential for post- accounts for potential exposures. EPA non-carcinogenicity for humans, by the application residential exposure to be determined that the additional FQPA Agency. As noted in Unit III.C.1.iii. of low. Further, diflubenzuron has a low 10X safety factor to protect infants and this document, the Agency has dermal absorption rate (0.5%) and will children was not needed. This decision concluded that human exposure to PCA be only applied to the tree canopy. was based on the following: and CPU (metabolites of diflubenzuron) 4. Cumulative effects from substances i. There is a complete toxicity will not be affected by the proposed with a common mechanism of toxicity. database for diflubenzuron; new uses. EPA has previously found Section 408(b)(2)(D)(v) of the FFDCA ii. There is no indication of increased aggregate exposure to these compounds requires that, when considering whether susceptibility of rats or rabbits to in to be safe. (September 19, 2002, 67 FR to establish, modify, or revoke a utero or postnatal exposure; 59006); http://www.epa.gov/fedrgstr/ tolerance, the Agency consider iii. A developmental neurotoxicity EPA-PEST/2002/September/Day-19/ ‘‘available information’’ concerning the study (DNT) with diflubenzuron is not p23818.htm. cumulative effects of a particular required; 6. Determination of safety. Based on pesticide’s residues and ‘‘other iv. Food and drinking water exposure these risk assessments, EPA concludes substances that have a common assessments will not underestimate the that there is a reasonable certainty that mechanism of toxicity.’’ potential exposure for infants and no harm will result to the general Unlike other pesticides for which EPA children; and population, and to infants and children has followed a cumulative risk approach v. The potential for post-application from aggregate exposure to based on a common mechanism of residential exposures are expected to be diflubenzuron residues. toxicity, EPA has not made a common limited. Due to the low dermal mechanism of toxicity finding as to absorption rate (0.5%) of diflubenzuron, V. Other Considerations diflubenzuron and any other substances and since it is only applied to the tree A. Analytical Enforcement Methodology and diflubenzuron does not appear to canopy to control gypsy moths and produce a toxic metabolite produced by mosquitoes, minimal bystander contact There are adequate enforcement other substances. For the purposes of is expected. methods, published in the Pesticide this tolerance action, therefore, EPA has Analytical Manual (PAM, Vol. II), for not assumed that diflubenzuron has a D. Aggregate Risks and Determination of determining diflubenzuron residues of common mechanism of toxicity with Safety concern. In addition, a new analytical other substances. For information 1. Acute risk. Because there were no methodology for plant commodities was regarding EPA’s efforts to determine toxic effects attributable to a single dose successfully validated by an which chemicals have a common of diflubenzuron, it is not expected to independent laboratory as well as by mechanism of toxicity and to evaluate pose an acute risk. Agency chemists at the Analytical the cumulative effects of such 2. Chronic risk. Using the exposure Chemistry Branch (ACB)/Biological and chemicals, see the policy statements assumptions described in this unit for Economics Analysis Division (BEAD) in released by EPA’s OPP concerning chronic exposure, EPA has concluded conjunction with an approved rice common mechanism determinations that exposure to diflubenzuron from petition (PP 8F4925). The new methods and procedures for cumulating effects food will utilize 12% of the cPAD for were forwarded to the Food and Drug from substances found to have a the U.S. population, 12% of the cPAD Administration (FDA) for publication in common mechanism on EPA’s website for all infants less than 1 year old and PAM Vol. II as Roman Numeral at http://www.epa.gov/pesticides/ 38% of the cPAD for children 1–2 years Methods. These methods can separately cumulative/. old. There are no residential uses for determine residues of diflubenzuron by

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gas chromatography/electron-capture considerations under Executive Order that before a rule may take effect, the detection (GC/ECD), CPU by GC/ECD, 12898, entitled Federal Actions to agency promulgating the rule must and PCA by GC/mass spectrometry Address Environmental Justice in submit a rule report to each House of (MS). Minority Populations and Low-Income the Congress and to the Comptroller Populations (59 FR 7629, February 16, General of the United States. EPA will B. International Residue Limits 1994). submit a report containing this rule and The Codex Alimentarius has Since tolerances and exemptions that other required information to the U.S. established maximum residue limits are established on the basis of a petition Senate, the U.S. House of (MRL), expressed in terms of under section 408(d) of FFDCA, such as Representatives, and the Comptroller diflubenzuron per se, for many the tolerance in this final rule, do not General of the United States prior to commodities including: Apple (5 ppm), require the issuance of a proposed rule, publication of this final rule in the citrus fruits (0.5 ppm), edible offal the requirements of the Regulatory Federal Register. This final rule is not (mammalian) (0.1 ppm), eggs (0.05 Flexibility Act (RFA) (5 U.S.C. 601 et a ‘‘major rule’’ as defined by 5 U.S.C. ppm), meat (from mammals other than seq.) do not apply. 804(2). marine mammals) (0.1 ppm), milks (0.02 This final rule directly regulates List of Subjects in 40 CFR Part 180 ppm), mushrooms (0.3 ppm), pear (5 growers, food processors, food handlers ppm), pome fruits (5 ppm), poultry meat and food retailers, not States or tribes, Environmental protection, (0.05 ppm), rice (0.01 ppm), and rice nor does this action alter the Administrative practice and procedure, straw and fodder (dry) (0.7 ppm). As the relationships or distribution of power Agricultural commodities, Pesticides U.S. residue definition includes CPU and responsibilities established by and pests, Reporting and recordkeeping and PCA, compatibility is not possible Congress in the preemption provisions requirements. with the proposed tolerance. of section 408(n)(4) of FFDCA. As such, Dated: July 6, 2007. VI. Conclusion the Agency has determined that this Donald R. Stubbs, Therefore, the tolerance is established action will not have a substantial direct effect on States or tribal governments, Acting Director, Registration Division, Office for of the insecticide diflubenzuron, (N- of Pesticide Programs. [[(4-chlorophenyl)amino]carbonyl]-2,6- on the relationship between the national difluorobenzamide and its metabolites government and the States or tribal I Therefore, 40 CFR chapter I is 4-chlorophenylurea and 4-chloroaniline governments, or on the distribution of amended as follows: in or on lemon at 0.8 ppm. power and responsibilities among the various levels of government or between PART 180—[AMENDED] VII. Statutory and Executive Order the Federal Government and Indian Reviews tribes. Thus, the Agency has determined I 1. The authority citation for part 180 This final rule establishes a tolerance that Executive Order 13132, entitled continues to read as follows: under section 408(d) of FFDCA in Federalism (64 FR 43255, August 10, Authority: 21 U.S.C. 321(q), 346a and 371. 1999) and Executive Order 13175, response to a petition submitted to the I 2. Section 180.377, paragraph (b) is entitled Consultation and Coordination Agency. The Office of Management and amended by: Budget (OMB) has exempted these types with Indian Tribal Governments (65 FR of actions from review under Executive 67249, November 6, 2000) do not apply i. Revising the introductory text and Order 12866, entitled Regulatory to this rule. In addition, This rule does ii. Alphabetically adding the Planning and Review (58 FR 51735, not impose any enforceable duty or commodity ‘‘Lemon’’ to the table to read October 4, 1993). Because this rule has contain any unfunded mandate as as follows: been exempted from review under described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) §180.377 Diflubenzuron; tolerances for Executive Order 12866, this rule is not residues. subject to Executive Order 13211, (Public Law 104–4). Actions Concerning Regulations That This action does not involve any (b) Section 18 emergency exemptions. Significantly Affect Energy Supply, technical standards that would require Time-limited tolerances are established Distribution, or Use (66 FR 28355, May Agency consideration of voluntary for of the insecticide diflubenzuron, (N- 22, 2001) or Executive Order 13045, consensus standards pursuant to section [[(4-chlorophenyl)amino]carbonyl]-2,6- entitled Protection of Children from 12(d) of the National Technology difluorobenzamide and its metabolites Environmental Health Risks and Safety Transfer and Advancement Act of 1995 4-chlorophenylurea and 4-chloroaniline, Risks (62 FR 19885, April 23, 1997). (NTTAA), Public Law 104–113, section in connection with use of the pesticide This final rule does not contain any 12(d) (15 U.S.C. 272 note). under section 18 emergency exemptions information collections subject to OMB granted by EPA. The tolerances are approval under the Paperwork VIII. Congressional Review Act specified in the following table, and will Reduction Act (PRA), 44 U.S.C. 3501 et The Congressional Review Act, 5 expire and are revoked on the dates seq., nor does it require any special U.S.C. 801 et seq., generally provides specified.

Expiration/revoca- Commodity Parts per million tion date

***** Lemon ...... 0.8 12/31/2010 *****

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* * * * * Regulatory Public Docket in Rm. S– http://www.epa.gov/fedrgstr. You may [FR Doc. E7–14161 Filed 7–24–07; 8:45 am] 4400, One Potomac Yard (South Bldg.), also access a frequently updated BILLING CODE 6560–50–S 2777 S. Crystal Dr., Arlington, VA. The electronic version of EPA’s tolerance Docket Facility is open from 8:30 a.m. regulations at 40 CFR part 180 through to 4 p.m., Monday through Friday, the Government Printing Office’s pilot ENVIRONMENTAL PROTECTION excluding legal holidays. The Docket e-CFR site at http://www.gpoaccess.gov/ AGENCY Facility telephone number is (703) 305– ecfr. 5805. 40 CFR Part 180 C. Can I File an Objection or Hearing FOR FURTHER INFORMATION CONTACT: Request? [EPA–HQ–OPP–2006–0076; FRL–8137–7] Philip V. Errico, Registration Division (7505P), Office of Pesticide Programs, Under section 408(g) of the FFDCA, Penoxsulam (2-(2,2-difluoroethoxy)-N- Environmental Protection Agency, 1200 any person may file an objection to any (5,8-dimethoxy[1,2,4]triazolo[1,5- Pennsylvania Ave., NW., Washington, aspect of this regulation and may also c]pyrimidin-2-yl)-6- DC 20460–0001; telephone number: request a hearing on those objections. (trifluoromethyl)benzenesulfonamide; (703) 305–6663; e-mail address: You must file your objection or request Pesticide Tolerance [email protected]. a hearing on this regulation in accordance with the instructions AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: provided in 40 CFR part 178. To ensure Agency (EPA). I. General Information proper receipt by EPA, you must ACTION: Final rule. identify docket ID number EPA–HQ– A. Does this Action Apply to Me? OPP–2006–0076 in the subject line on SUMMARY: This regulation establishes a You may be potentially affected by the first page of your submission. All tolerance for combined residues or this action if you are an agricultural requests must be in writing, and must be residues of penoxsulam (2-(2,2- producer, food manufacturer, or mailed or delivered to the Hearing Clerk difluoroethoxy)-N-(5,8- pesticide manufacturer. Potentially as required by 40 CFR part 178 on or dimethoxy[1,2,4]triazolo[1,5- affected entities may include, but are before September 24, 2007. c]pyrimidin-2-yl)-6- not limited to those engaged in the In addition to filing an objection or (trifluoromethyl)benzenesulfonamide) following activities: hearing request with the Hearing Clerk in or on fish; fish, shellfish, mollusc; • Crop production (NAICS code 111), as described in 40 CFR part 178, please and fish, shellfish, crustacean. Dow e.g., agricultural workers; greenhouse, submit a copy of the filing that does not AgroSciences LLC requested this nursery, and floriculture workers; contain any CBI for inclusion in the tolerance under the Federal Food, Drug, farmers. public docket that is described in and Cosmetic Act (FFDCA). • Animal production (NAICS code ADDRESSES. Information not marked DATES: This regulation is effective July 112), e.g., cattle ranchers and farmers, confidential pursuant to 40 CFR part 2 25, 2007. Objections and requests for dairy cattle farmers, livestock farmers. may be disclosed publicly by EPA • hearings must be received on or before Food manufacturing (NAICS code without prior notice. Submit this copy, September 24, 2007, and must be filed 311), e.g., agricultural workers; farmers; identified by docket ID number EPA– in accordance with the instructions greenhouse, nursery, and floriculture HQ–OPP–2006–0076, by one of the provided in 40 CFR part 178 (see also workers; ranchers; pesticide applicators. following methods: • • Unit I.C. of the SUPPLEMENTARY Pesticide manufacturing (NAICS Federal eRulemaking Portal: http:// INFORMATION). code 32532), e.g., agricultural workers; www.regulations.gov. Follow the on-line commercial applicators; farmers; instructions for submitting comments. ADDRESSES: EPA has established a greenhouse, nursery, and floriculture • Mail: Office of Pesticide Programs docket for this action under docket workers; residential users. (OPP) Regulatory Public Docket (7502P), identification (ID) number EPA–HQ– This listing is not intended to be Environmental Protection Agency, 1200 OPP–2006–0076. To access the exhaustive, but rather to provide a guide Pennsylvania Ave., NW., Washington, electronic docket, go to http:// for readers regarding entities likely to be DC 20460–0001. www.regulations.gov, select ‘‘Advanced affected by this action. Other types of • Delivery: OPP Regulatory Public Search,’’ then ‘‘Docket Search.’’ Insert entities not listed in this unit could also Docket (7502P), Environmental the docket ID number where indicated be affected. The North American Protection Agency, Rm. S–4400, One and select the ‘‘Submit’’ button. Follow Industrial Classification System Potomac Yard (South Bldg.), 2777 S. the instructions on the regulations.gov (NAICS) codes have been provided to Crystal Dr., Arlington, VA. Deliveries web site to view the docket index or assist you and others in determining are only accepted during the Docket’s access available documents. All whether this action might apply to normal hours of operation (8:30 a.m. to documents in the docket are listed in certain entities. If you have any 4 p.m., Monday through Friday, the docket index available in questions regarding the applicability of excluding legal holidays). Special regulations.gov. Although listed in the this action to a particular entity, consult arrangements should be made for index, some information is not publicly the person listed under FOR FURTHER deliveries of boxed information. The available, e.g., Confidential Business INFORMATION CONTACT. Docket Facility telephone number is Information (CBI) or other information (703) 305–5805. whose disclosure is restricted by statute. B. How Can I Access Electronic Copies Certain other material, such as of this Document? II. Petition for Tolerance copyrighted material, is not placed on In addition to accessing an electronic In the Federal Register of April 14, the Internet and will be publicly copy of this Federal Register document 2006 (72 FR Page 19507) (FRL–8063–4), available only in hard copy form. through the electronic docket at http:// EPA issued a notice pursuant to section Publicly available docket materials are www.regulations.gov, you may access 408(d)(3) of FFDCA, 21 U.S.C. available in the electronic docket at this Federal Register document 346a(d)(3), announcing the filing of a http://www.regulations.gov, or, if only electronically through the EPA Internet pesticide petition (PP 5F7012) by Dow available in hard copy, at the OPP under the ‘‘Federal Register’’ listings at AgroSciences LLC, Dow AgroSciences

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LLC, 9330 Zionsville Road, on fish, shellfish, mollusc; fish; and will lead to some degree of risk and Indianapolis, IN 46268–1054. The shellfish, crustacean at 0.02, 0.01, and estimates risk in terms of the probability petition requested that 40 CFR 180.605 0.01 ppm. EPA’s assessment of of occurrence of additional adverse be amended by establishing an exposures and risks associated with cases. Generally, cancer risks are exemption from tolerance for residues of establishing the tolerance follows. considered non-threshold. For more the herbicide penoxsulam (2-(2,2- information on the general principles A. Toxicological Profile difluoroethoxy)-N-(5,8- EPA uses in risk characterization and a dimethoxy[1,2,4]triazolo[1,5- EPA has evaluated the available complete description of the risk c]pyrimidin-2-yl)-6- toxicity data and considered its validity, assessment process, see http:// (trifluoromethyl)benzenesulfonamide, completeness, and reliability as well as www.epa.gov/fedrgstr/EPA-PEST/1997/ in or on fish and shellfish resulting from the relationship of the results of the November/Day-26/p30948.htm. its use as an aquatic herbicide. That studies to human risk. EPA has also A summary of the toxicological notice referenced a summary of the considered available information endpoints for penoxsulam (2-(2,2- petition prepared by Dow AgroSciences, concerning the variability of the difluoroethoxy)-N-(5,8- LLC, the registrant, which is available to sensitivities of major identifiable dimethoxy[1,2,4]triazolo[1,5- the public in the docket, http:// subgroups of consumers, including c]pyrimidin-2-yl)-6- www.regulations.gov. Comments were infants and children. Specific (trifluoromethyl)benzenesulfonamide) received on the notice of filing. EPA’s information on the studies received and used for human risk assessment can be response to these comments is the nature of the adverse effects caused found at www.regulations.gov in discussed in Unit IV. below. by penoxsulam (2-(2,2-difluoroethoxy)- document ‘‘Penoxsulam. Human Health The Registrant modified their N-(5,8-dimethoxy[1,2,4]triazolo[1,5- Risk Assessment for Proposed Uses on submission and requested tolerances be c]pyrimidin-2-yl)-6- Fish and Shellfish. PC Code: 119031, established. The reason for these (trifluoromethyl)benzenesulfonamide) Petition No: 5F7012, DP Num: 325461.’’ changes is explained in Unit IV.C. as well as the no-observed-adverse- at page 42 in Docket ID EPA–HQ–OPP– effect-level (NOAEL) and the lowest- 2006–0076. III. Aggregate Risk Assessment and observed-adverse-effect-level (LOAEL) Determination of Safety from the toxicity studies are discussed C. Exposure Assessment Section 408(b)(2)(A)(i) of the FFDCA in the final rule published in the 1. Dietary exposure from food and allows EPA to establish a tolerance (the Federal Register of September 24, 2004 feed uses. In evaluating dietary legal limit for a pesticide chemical (EPA–HQ–OPP–2004–0286), (FRL– exposure to penoxsulam (2-(2,2- residue in or on a food) only if EPA 7678–6). difluoroethoxy)-N-(5,8- determines that the tolerance is ‘‘safe.’’ dimethoxy[1,2,4]triazolo[1,5- Section 408(b)(2)(A)(ii) of the FFDCA B. Toxicological Endpoints c]pyrimidin-2-yl)-6- defines ‘‘safe’’ to mean that ‘‘there is a For hazards that have a threshold (trifluoromethyl)benzenesulfonamide, reasonable certainty that no harm will below which there is no appreciable EPA considered exposure under the result from aggregate exposure to the risk, the toxicological level of concern petitioned-for tolerances as well as all pesticide chemical residue, including (LOC) is derived from the highest dose existing penoxsulam (2-(2,2- all anticipated dietary exposures and all at which no adverse effects are observed difluoroethoxy)-N-(5,8- other exposures for which there is (the NOAEL) in the toxicology study dimethoxy[1,2,4]triazolo[1,5- reliable information.’’ This includes identified as appropriate for use in risk c]pyrimidin-2-yl)-6- exposure through drinking water and in assessment. However, if a NOAEL (trifluoromethyl)benzenesulfonamide) residential settings, but does not include cannot be determined, the lowest dose tolerances in (40 CFR 180.605). EPA occupational exposure. Section at which adverse effects of concern are assessed dietary exposures from 408(b)(2)(C) of the FFDCA requires EPA identified (the LOAEL) is sometimes penoxsulam (2-(2,2-difluoroethoxy)-N- to give special consideration to used for risk assessment. Uncertainty/ (5,8-dimethoxy[1,2,4]triazolo[1,5- exposure of infants and children to the safety factors (UF) are used in c]pyrimidin-2-yl)-6- pesticide chemical residue in conjunction with the LOC to take into (trifluoromethyl)benzenesulfonamide) establishing a tolerance and to ‘‘ensure account uncertainties inherent in the in food as follows: that there is a reasonable certainty that extrapolation from laboratory animal i. Acute exposure. Quantitative acute no harm will result to infants and data to humans and in the variations in dietary exposure and risk assessments children from aggregate exposure to the sensitivity among members of the are performed for a food-use pesticide, pesticide chemical residue. . . .’’ These human population as well as other if a toxicological study has indicated the provisions were added to the FFDCA by unknowns. Safety is assessed for acute possibility of an effect of concern the Food Quality Protection Act (FQPA) and chronic risks by comparing occurring as a result of a 1–day or single of 1996. aggregate exposure to the pesticide to exposure. Consistent with section 408(b)(2)(D), the acute population adjusted dose No such effects were identified in the of the FFDCA and the factors specified (aPAD) and chronic population adjusted toxicological studies for penoxsulam (2- in section 408(b)(2)(D), EPA has dose (cPAD). The aPAD and cPAD are (2,2-difluoroethoxy)-N-(5,8- reviewed the available scientific data calculated by dividing the LOC by all dimethoxy[1,2,4]triazolo[1,5- and other relevant information in applicable uncertainty/safety factors. c]pyrimidin-2-yl)-6- support of this action. EPA has Short-, intermediate, and long-term risks (trifluoromethyl)benzenesulfonamide; sufficient data to assess the hazards of are evaluated by comparing aggregate therefore, a quantitative acute dietary and to make a determination on exposure to the LOC to ensure that the exposure assessment is unnecessary. aggregate exposure for the petitioned-for margin of exposure (MOE) called for by ii. Chronic exposure. In conducting tolerance for residues of penoxsulam (2- the product of all applicable the chronic dietary exposure assessment (2,2-difluoroethoxy)-N-(5,8- uncertainty/safety factors is not EPA used the food consumption data dimethoxy[1,2,4]triazolo[1,5- exceeded. from the USDA 1994–1996 and 1998; c]pyrimidin-2-yl)-6- For non-threshold risks, the Agency Nationwide Continuing Surveys of Food (trifluoromethyl)benzenesulfonamide) assumes that any amount of exposure Intake by Individuals (CSFII). As to

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residue levels in food, EPA assumed all (e.g., for lawn and garden pest control, safety for infants and children in the foods for which there are tolerances indoor pest control, termiticides, and case of threshold effects to account for were treated and contain tolerance-level flea and tick control on pets). prenatal and postnatal toxicity and the residues. Penoxsulam (2-(2,2-difluoroethoxy)- completeness of the data base on iii. Cancer. Penoxsulam was classified N-(5,8-dimethoxy[1,2,4]triazolo[1,5- toxicity and exposure unless EPA as ‘‘Suggestive Evidence of Carcinogenic c]pyrimidin-2-yl)-6- determines based on reliable data that a Potential.’’ There is some cancer (trifluoromethyl)benzenesulfonamide) is different margin of safety will be safe for concern, but the data are judged not currently registered for the following infants and children. This additional sufficient for a stronger conclusion or a residential non-dietary sites: Turf/lawn. margin of safety is commonly referred to quantitative cancer risk assessment (see EPA assessed residential exposure using as the FQPA safety factor. In applying Unit III.E.5). the following assumptions: this provision, EPA either retains the iv. Anticipated residue and percent • 1,000 ft2 per day by low pressure default value of 10X when reliable data crop treated (PCT) information. EPA hand wand or back pack sprayer for spot do not support the choice of a different assumed tolerance level residues and treatment of lawns factor, or, if reliable data are available, • 100% of the crop is treated. 0.5 acres per day by push-type EPA uses a different additional FQPA 2. Dietary exposure from drinking granular spreader for broadcast safety factor value based on the use of water. The Agency lacks sufficient treatment of lawns traditional uncertainty/safety factors • monitoring data to complete a 0.06 lb active ingredient (ai) per and/or special FQPA safety factors, as comprehensive dietary exposure acre for broadcast treatment appropriate. • 2 analysis and risk assessment for 0.0014 to 0.0016 lbs per 1,000 ft for 2. Prenatal and postnatal sensitivity. penoxsulam (2-(2,2-difluoroethoxy)-N- spot treatment Based on the results of the submitted (5,8-dimethoxy[1,2,4]triazolo[1,5- 4. Cumulative effects from substances toxicology studies, EPA concluded that c]pyrimidin-2-yl)-6- with a common mechanism of toxicity. no FQPA safety factor is needed (i.e. 1X) (trifluoromethyl)benzenesulfonamide) Section 408(b)(2)(D)(v) of the FFDCA since there are no residual uncertainties in drinking water. Because the Agency requires that, when considering whether for prenatal and/or postnatal toxicity. does not have comprehensive to establish, modify, or revoke a 3. Conclusion. EPA has determined monitoring data, drinking water tolerance, the Agency consider that reliable data show that it would be concentration estimates are made by ‘‘available information’’ concerning the safe for infants and children to reduce reliance on simulation or modeling cumulative effects of a particular the FQPA safety factor to 1X. That taking into account data on the pesticide’s residues and ‘‘other decision is based on the following environmental fate characteristics of substances that have a common findings: penoxsulam (2-(2,2-difluoroethoxy)-N- mechanism of toxicity.’’ i. There was no toxicologically (5,8-dimethoxy[1,2,4]triazolo[1,5- Unlike other pesticides for which EPA significant evidence observed of c]pyrimidin-2-yl)-6- has followed a cumulative risk approach neurotoxicity in either the acute or (trifluoromethyl)benzenesulfonamide). based on a common mechanism of chronic neurotoxicity study. Further information regarding EPA toxicity, EPA has not made a common ii. No definitive quantitative or drinking water models used in pesticide mechanism of toxicity finding as to qualitative susceptibility was observed exposure assessment can be found at penoxsulam (2-(2,2-difluoroethoxy)-N- in either of the developmental rat or http://www.epa.gov/oppefed1/models/ (5,8-dimethoxy[1,2,4]triazolo[1,5- rabbit studies. water/index.htm. c]pyrimidin-2-yl)-6- iii. Significant dose-related effects in Based on the FQPA Index Reservoir (trifluoromethyl)benzenesulfonamide) the 2–generation reproduction study Screening Tool and Screening and any other substances and were limited to the delay in preputial Concentrations in Groundwater models, penoxsulam (2-(2,2-difluoroethoxy)-N- separation. No other endpoints of the estimated environmental (5,8-dimethoxy[1,2,4]triazolo[1,5- reproductive toxicity or offspring concentrations (EECs) of penoxsulam (2- c]pyrimidin-2-yl)-6- growth and survival were affected by (2,2-difluoroethoxy)-N-(5,8- (trifluoromethyl)benzenesulfonamide) treatment. dimethoxy[1,2,4]triazolo[1,5- does not appear to produce a toxic iv. The chronic dietary food exposure c]pyrimidin-2-yl)-6- metabolite produced by other assessment utilizes proposed tolerance (trifluoromethyl)benzenesulfonamide) substances. For the purposes of this level residues and 100% crop treated for for acute exposures are estimated to be tolerance action, therefore, EPA has not all commodities. By using these 150 parts per billion (ppb) for surface assumed that penoxsulam (2-(2,2- conservative assessments, actual and water and 150 ppb for ground water. difluoroethoxy)-N-(5,8- chronic exposures/risks will not be The EECs for chronic exposures are dimethoxy[1,2,4]triazolo[1,5- underestimated. estimated to be 150 ppb for surface c]pyrimidin-2-yl)-6- v. The dietary drinking water water and 150 ppb for ground water. (trifluoromethyl)benzenesulfonamide) assessment (Tier 1 estimates) utilizes Modeled estimates of drinking water has a common mechanism of toxicity values generated by model and concentrations were directly entered with other substances. For information associated modeling parameters which into the dietary exposure model. For regarding EPA’s efforts to determine are designed to provide conservative, acute dietary risk assessment, the water which chemicals have a common health protective, high-end estimates of concentration value of 150 ppb was mechanism of toxicity and to evaluate water concentrations. used to access the contribution to the cumulative effects of such E. Aggregate Risks and Determination of drinking water. For chronic dietary risk chemicals, see EPA’s website at http:// Safety assessment, the water concentration www.epa.gov/pesticides/cumulative. value of 150 ppb was used to access the Safety is assessed for acute and contribution to drinking water. D. Safety Factor for Infants and chronic risks by comparing aggregate 3. From non-dietary exposure. The Children exposure to the pesticide to the aPAD term ‘‘residential exposure’’ is used in 1. In general. Section 408 of FFDCA and cPAD. The aPAD and cPAD are this document to refer to non- provides that EPA shall apply an calculated by dividing the LOC by all occupational, non-dietary exposure additional (‘‘10X’’) tenfold margin of applicable uncertainty/safety factors.

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For linear cancer risks, EPA calculates intermediate-term postapplication increase in large granular lymphocyte the probability of additional cancer exposures resulted in MOEs> 100 and leukemia (also called mononuclear cell cases given aggregate exposure. Short-, are therefore not a concern to the leukemia (MNCL)) in male Fischer 344 intermediate, and long-term risks are Agency. The Agency considers the rats. There were increased tumors at all evaluated by comparing aggregate swimmer dermal and oral MOEs to be dose levels which exceeded the exposure to the LOC to ensure that the over estimates of the actual risk, and laboratory historical control data. There MOE called for by the product of all therefore swimming exposure is considerable controversy as to the applicable uncertainty/safety factors is assessment was not used in assessing significance and relevance of the tumors not exceeded. the short- and intermediate-term for humans, but they cannot be 1. Acute risk. There were no aggregate risk, and only the exposure discounted in the overall weight of the treatment-related effects observed in any resulting from the turf use was assessed. evidence. While there is some cancer of the available toxicity studies on The short-term aggregate risk concern, the data are judged not penoxsulam that could be considered to assessment estimates include both oral sufficient for a stronger conclusion or a have resulted from a single dose of and inhalation exposures appropriate to quantitative cancer risk assessment. penoxsulam. Therefore no acute the population of concern. Short-term 5. Determination of safety. Based on exposure is expected. dermal exposure was not aggregated these risk assessments, EPA concludes 2. Chronic risk. Using the exposure because no toxicological endpoint was that there is a reasonable certainty that assumptions described in this unit for selected. For adults, short-term no harm will result to the general chronic exposure, EPA has concluded exposure to penoxsulam can occur as a population, or to infants and children that exposure to penoxsulam (2-(2,2- result of the residential use on turf. from aggregate exposure to penoxsulam difluoroethoxy)-N-(5,8- Because oral exposure from the (2-(2,2-difluoroethoxy)-N-(5,8- dimethoxy[1,2,4]triazolo[1,5- residential use as a handler is not dimethoxy[1,2,4]triazolo[1,5- c]pyrimidin-2-yl)-6- expected in adults and no short-term c]pyrimidin-2-yl)-6- (trifluoromethyl)benzenesulfonamide) dermal endpoint was selected, only the (trifluoromethyl)benzenesulfonamide) for the most highly exposed population short-term residential exposure by residues. subgroup from food and water, which inhalation is expected in adults. The IV. Other Considerations utilizes 7% of the cPAD is all infants (<1 worst-case MOE residential exposure year old). estimate was aggregated with the A. Analytical Enforcement Methodology 3. Short-term risk and intermediate chronic dietary (food + water) to Adequate enforcement methodology, term risk. For this aquatic use pattern, provide a worst-case estimate of short- using high performance liquid short- and intermediate-term aggregate term aggregate risk for U.S. population. chromatograph with tandem mass exposure takes into account residential As the aggregate MOE is greater than spectroscopy-mass spectroscopy exposure, exposure while swimming, 100, the short-term aggregate risk to detector (LC/MS/MS), and is available plus chronic exposure to food and water adults does exceed EPA’s level of to enforce the tolerance expression. The (considered being a background concern. method may be requested from: Chief, exposure level). There is a potential for For children/toddlers, short-term Analytical Chemistry Branch, post application exposure from oral and exposure to penoxsulam can occur as a Environmental Science Center, 701 dermal routes of exposure while result of the residential use on turf. Mapes Rd., Ft. Meade, MD 20755–5350; swimming in aquatic sites and/or from Because post-application inhalation telephone number: (410) 305–2905; e- turf (lawns, golf courses, sports fields, exposure is negligible and no short-term mail address: [email protected]. and sod farms) sites treated with dermal endpoint was selected, only penoxsulam. short-term residential exposure from B. International Residue Limits EPA used the SWIMODEL from the oral exposure was included with food There are no CODEX maximum Residential Standard Operating and drinking water in the short-term residue limits (MRLs) for fish; fish, Procedures (SOPs) to assess dermal and aggregate risk assessment for children/ shellfish, mollusc; and fish, shellfish, oral exposure to recreational swimmers. toddlers. The worst-case MOE crustacean. Parameters used in calculating exposure residential exposure estimate for and risk are based on information for children was aggregated with the C. Response to Comments competitive swimmers both adult and chronic dietary (food + water) to Comments were received from a children (6 years old) in swimming provide a worst-case estimate of short- private citizen objecting to this product pools which includes an exposure term aggregate risk for all infants (<1 being used in the world, and that the duration of 5 hours. It is anticipated that year old), the child population subgroup product is too dangerous to be allowed recreational swimmers in weed infested with the highest estimated chronic use. A print-out of what appears to be areas would be less likely to swim with dietary food exposure. As the aggregate EPA’s summary of the toxicological their heads immersed than recreational MOE is greater than 100, the short-term effects and tolerances for rice were swimmers in weed-free swimming aggregate risks to children do not exceed included. No other information was pools. Since there were no short-term EPA’s level of concern. provided. EPA has found that there is a dermal, systemic, neuro or Because the amount of residues on reasonable certainty of no harm to developmental toxicity concerns, the turf after 30 days will be negligible, both humans after considering all pertinent short-term post application assessment inhalation and dermal exposure is toxicology studies and the exposure addresses only the oral exposure, which negligible, and therefore no levels of humans to penoxsulam. results in the same estimated dose for intermediate-term aggregate exposure intermediate-term exposure. Thus a assessment from this turf use is V. Conclusion short-term aggregate exposure was not required. Therefore, the tolerance is established required, and the intermediate-term post 4. Aggregate cancer risk for U.S. for residues of penoxsulam (2-(2,2- application exposure assessment population. The cancer potential for difluoroethoxy)-N-(5,8- combined both oral and dermal penoxsulam is classified as ‘‘Suggestive dimethoxy[1,2,4]triazolo[1,5- exposures, and is also protective for Evidence of Carcinogenic Potential.’’ c]pyrimidin-2-yl)-6- short-term exposure. Short- and The classification is based on an (trifluoromethyl)benzenesulfonamide,

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in or on fish, shellfish, mollusc; fish; government and the States or tribal § 180.605 Penoxsulam; tolerances for and shellfish, crustacean at 0.02, 0.01, governments, or on the distribution of residues. and 0.01 ppm. The registrant initially power and responsibilities among the (a) * * * requested exemptions from tolerances various levels of government or between for fish and shellfish. Based upon the Federal Government and Indian Commodity Parts per review of the data supporting the tribes. Thus, the Agency has determined million petition by EPA and subsequent to that Executive Order 13132, entitled Fish ...... 0.01 completion of this risk assessment, the Federalism (64 FR 43255, August 10, Fish, shellfish, crustacean ...... 0.01 registrant revised their submission and 1999) and Executive Order 13175, Fish, shellfish, mollusc ...... 0.02 requested tolerances for finfish at 0.01 entitled Consultation and Coordination ***** ppm; shellfish, crustacean at 0.01 ppm; with Indian Tribal Governments (65 FR and shellfish, mollusc at 0.02 ppm. For 67249, November 6, 2000) do not apply * * * * * consistency the commodity terms are to this rule. In addition, This rule does [FR Doc. E7–14335 Filed 7–24–07; 8:45 am] revised to fish at 0.01 ppm; fish, not impose any enforceable duty or BILLING CODE 6560–50–S shellfish, crustacean at 0.01 ppm; and contain any unfunded mandate as fish, shellfish, mollusc at 0.02 ppm. described under Title II of the Unfunded VI. Statutory and Executive Order Mandates Reform Act of 1995 (UMRA) ENVIRONMENTAL PROTECTION Reviews (Public Law 104–4). AGENCY This action does not involve any This final rule establishes a tolerance technical standards that would require 40 CFR Part 180 under section 408(d) of FFDCA in Agency consideration of voluntary [EPA–HQ–OPP–2007–0313; FRL–8137–4] response to a petition submitted to the consensus standards pursuant to section Agency. The Office of Management and 12(d) of the National Technology Glufosinate-ammonium; Pesticide Budget (OMB) has exempted these types Transfer and Advancement Act of 1995 Tolerance of actions from review under Executive (NTTAA), Public Law 104–113, section Order 12866, entitled Regulatory AGENCY: 12(d) (15 U.S.C. 272 note). Environmental Protection Planning and Review (58 FR 51735, Agency (EPA). October 4, 1993). Because this rule has VII. Congressional Review Act ACTION: Final rule. been exempted from review under The Congressional Review Act, 5 SUMMARY: This regulation establishes a Executive Order 12866, this rule is not U.S.C. 801 et seq., generally provides tolerance for combined residues of subject to Executive Order 13211, that before a rule may take effect, the Actions Concerning Regulations That Glufosinate-ammonium in or on agency promulgating the rule must Significantly Affect Energy Supply, pistachio. Interregional Research Project submit a rule report to each House of Distribution, or Use (66 FR 28355, May No. 4 requested this tolerance under the the Congress and to the Comptroller 22, 2001) or Executive Order 13045, Federal Food, Drug, and Cosmetic Act General of the United States. EPA will entitled Protection of Children from (FFDCA). submit a report containing this rule and Environmental Health Risks and Safety other required information to the U.S. DATES: This regulation is effective July Risks (62 FR 19885, April 23, 1997). Senate, the U.S. House of 25, 2007. Objections and requests for This final rule does not contain any Representatives, and the Comptroller hearings must be received on or before information collections subject to OMB General of the United States prior to September 24, 2007, and must be filed approval under the Paperwork in accordance with the instructions Reduction Act (PRA), 44 U.S.C. 3501 et publication of this final rule in the Federal Register. This final rule is not provided in 40 CFR part 178 (see also seq., nor does it require any special Unit I.C. of the SUPPLEMENTARY considerations under Executive Order a ‘‘major rule’’ as defined by 5 U.S.C. INFORMATION). 12898, entitled Federal Actions to 804(2). Address Environmental Justice in List of Subjects in 40 CFR Part 180 ADDRESSES: EPA has established a Minority Populations and Low-Income docket for this action under docket Environmental protection, Populations (59 FR 7629, February 16, identification (ID) number EPA–HQ– Administrative practice and procedure, 1994). OPP–2007–0313. To access the Since tolerances and exemptions that Agricultural commodities, Pesticides electronic docket, go to http:// are established on the basis of a petition and pests, Reporting and recordkeeping www.regulations.gov, select ‘‘Advanced under section 408(d) of FFDCA, such as requirements. Search,’’ then ‘‘Docket Search.’’ Insert the tolerance in this final rule, do not Dated: July 13, 2007. the docket ID number where indicated require the issuance of a proposed rule, Lois Rossi, and select the ‘‘Submit’’ button. Follow the requirements of the Regulatory Director, Registration Division, Office of the instructions on the regulations.gov Flexibility Act (RFA) (5 U.S.C. 601 et Pesticide Programs. web site to view the docket index or access available documents. All seq.) do not apply. I Therefore, 40 CFR chapter I is documents in the docket are listed in This final rule directly regulates amended as follows: growers, food processors, food handlers the docket index available in and food retailers, not States or tribes, PART 180—AMENDED regulations.gov. Although listed in the nor does this action alter the index, some information is not publicly relationships or distribution of power I 1. The authority citation for part 180 available, e.g., Confidential Business and responsibilities established by continues to read as follows: Information (CBI) or other information Congress in the preemption provisions Authority: 21 U.S.C. 321(q), 346a and 371. whose disclosure is restricted by statute. of section 408(n)(4) of FFDCA. As such, Certain other material, such as the Agency has determined that this I 2. Section 180.605 is amended by copyrighted material, is not placed on action will not have a substantial direct alphabetically adding the following the Internet and will be publicly effect on States or tribal governments, commodities to the table in paragraph available only in hard copy form. on the relationship between the national (a) to read as follows: Publicly available docket materials are

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available in the electronic docket at this Federal Register document 346a(d)(3), announcing the filing of a http://www.regulations.gov, or, if only electronically through the EPA Internet pesticide petition (PP 7E7196) by available in hard copy, at the OPP under the ‘‘Federal Register’’ listings at Interregional Research Project No. 4, 500 Regulatory Public Docket in Rm. S– http://www.epa.gov/fedrgstr. You may College Road East, Suite 201W, 4400, One Potomac Yard (South Bldg.), also access a frequently updated Princeton, NJ 08540–6635. The petition 2777 S. Crystal Dr., Arlington, VA. The electronic version of EPA’s tolerance requested that 40 CFR 180.473 be Docket Facility is open from 8:30 a.m. regulations at 40 CFR part 180 through amended by establishing a tolerance for to 4 p.m., Monday through Friday, the Government Printing Office’s pilot combined residues of the herbicide excluding legal holidays. The Docket e-CFR site athttp://www.gpoaccess.gov/ glufosinate-ammonium and its Facility telephone number is (703) 305– ecfr. metabolites expressed as butanoic acid, 2-amino-4-(hydroxymethyl phosphinyl)- 5805. C. Can I File an Objection or Hearing , monoammonium salt, 2-acetamido-4- FOR FURTHER INFORMATION CONTACT: Request? Barbara Madden, Registration Division methylphosphinico-butanoic acid and (7505P), Office of Pesticide Programs, Under section 408(g) of the FFDCA, 3-methylphosphinico-propionic acid, Environmental Protection Agency, 1200 any person may file an objection to any expressed as glufosinate free acid Pennsylvania Ave., NW., Washington, aspect of this regulation and may also equivalents, in or on pistachio at 0.1 DC 20460–0001; telephone number: request a hearing on those objections. parts per million (ppm). That notice (703) 305–6463; e-mail You must file your objection or request referenced a summary of the petition address:[email protected]. a hearing on this regulation in prepared by Bayer CropScience LP, the accordance with the instructions registrant, which is available to the SUPPLEMENTARY INFORMATION: provided in 40 CFR part 178. To ensure public in the docket, http:// I. General Information proper receipt by EPA, you must www.regulations.gov. There were no identify docket ID number EPA–HQ– comments received in response to the A. Does this Action Apply to Me? OPP–2007–0313 in the subject line on notice of filing. You may be potentially affected by the first page of your submission. All III. Aggregate Risk Assessment and this action if you are an agricultural requests must be in writing, and must be Determination of Safety producer, food manufacturer, or mailed or delivered to the Hearing Clerk pesticide manufacturer. Potentially as required by 40 CFR part 178 on or Section 408(b)(2)(A)(i) of the FFDCA affected entities may include, but are before September 24, 2007. allows EPA to establish a tolerance (the not limited to those engaged in the In addition to filing an objection or legal limit for a pesticide chemical following activities: hearing request with the Hearing Clerk residue in or on a food) only if EPA • Crop production (NAICS code 111), as described in 40 CFR part 178, please determines that the tolerance is ‘‘safe’’. e.g., agricultural workers; greenhouse, submit a copy of the filing that does not Section 408(b)(2)(A)(ii) of the FFDCA nursery, and floriculture workers; contain any CBI for inclusion in the defines ‘‘safe’’ an that ‘‘there is a farmers. public docket that is described in reasonable certainty that no harm will • Animal production (NAICS code ADDRESSES. Information not marked result from aggregate exposure to the 112), e.g., cattle ranchers and farmers, confidential pursuant to 40 CFR part 2 pesticide chemical residue, including dairy cattle farmers, livestock farmers. may be disclosed publicly by EPA all anticipated dietary exposures and all • Food manufacturing (NAICS code without prior notice. Submit this copy, other exposures for which there is 311), e.g., agricultural workers; farmers; identified by docket ID number EPA– reliable information’’. This includes greenhouse, nursery, and floriculture HQ–OPP–2007–0313, by one of the exposure through drinking water and in workers; ranchers; pesticide applicators. following methods: residential settings, but does not include • Pesticide manufacturing (NAICS • Federal eRulemaking Portal: http:// occupational exposure. Section code 32532), e.g., agricultural workers; www.regulations.gov. Follow the on-line 408(b)(2)(C) of the FFDCA requires EPA commercial applicators; farmers; instructions for submitting comments. to give special consideration to greenhouse, nursery, and floriculture • Mail: Office of Pesticide Programs exposure of infants and children to the workers; residential users. (OPP) Regulatory Public Docket (7502P), pesticide chemical residue in This listing is not intended to be Environmental Protection Agency, 1200 establishing a tolerance and to ‘‘ensure exhaustive, but rather to provide a guide Pennsylvania Ave., NW., Washington, that there is a reasonable certainty that for readers regarding entities likely to be DC 20460–0001. no harm will result to infants and affected by this action. Other types of • Delivery: OPP Regulatory Public children from aggregate exposure to the entities not listed in this unit could also Docket (7502P), Environmental pesticide chemical residue. . . .’’ These be affected. The North American Protection Agency, Rm. S–4400, One provisions were added to the FFDCA by Industrial Classification System Potomac Yard (South Bldg.), 2777 S. the Food Quality Protection Act (FQPA) (NAICS) codes have been provided to Crystal Dr., Arlington, VA. Deliveries of 1996. assist you and others in determining are only accepted during the Docket’s Consistent with FFDCA section whether this action might apply to normal hours of operation (8:30 a.m. to 408(b)(2)(D), and the factors specified in certain entities. If you have any 4 p.m., Monday through Friday, section 408(b)(2)(D), EPA has reviewed questions regarding the applicability of excluding legal holidays). Special the available scientific data and other this action to a particular entity, consult arrangements should be made for relevant information in support of this the person listed under FOR FURTHER deliveries of boxed information. The action. EPA has sufficient data to assess INFORMATION CONTACT. Facility Docket telephone number is the hazards of and to make a (703) 305–5805. determination on aggregate exposure for B. How Can I Access Electronic Copies the petitioned-for tolerance for of this Document? II. Petition for Tolerance combined residues of glufosinate- In addition to accessing an electronic In the Federal Register of May 9, 2007 ammonium and its metabolites on copy of this Federal Register document (72 FR 26375) (FRL–8128–1), EPA pistachio at 0.10 ppm. EPA’s assessment through the electronic docket at http:// issued a notice pursuant to section of exposures and risks associated with www.regulations.gov, you may access 408(d)(3) of FFDCA, 21 U.S.C. establishing the tolerance follows.

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On May 3, 2006 the Agency published 2006 (71 FR 25942, FRL–8060–3) and October 4, 1993). Because this rule has a final rule (71 FR 25942, FRL–8060–3) September 29, 2003 (68 FR 55833, FRL– been exempted from review under establishing tolerances for combined 7327–9) Federal Registers. Refer to Executive Order 12866, this rule is not residues of glufosinate ammonium, these Federal Register documents, subject to Executive Order 13211, butanoic acid, 2-amino-4- available at http://www.regulations.gov, Actions Concerning Regulations That (hydroxymethylphosphinyl)-, for a detailed discussion of the aggregate Significantly Affect Energy Supply, monoammonium salt, and its risk assessments and determination of Distribution, or Use (66 FR 28355, May metabolite, 3- safety. EPA relies upon those risk 22, 2001) or Executive Order 13045, methylphosphinicopropionic acid in or assessments and the findings made in entitled Protection of Children from on barley hay, barley straw, buckwheat the Federal Register documents in Environmental Health Risks and Safety fodder, buckwheat forage, oat forage, oat support of this action. Risks (62 FR 19885, April 23, 1997). hay, oat straw, rye forage, rye straw, Based on the risk assessments This final rule does not contain any teosinte, triticale, wheat forage, wheat discussed in the final rules published in information collections subject to OMB hay and wheat straw at 0.40 ppm. On the Federal Registers of May 3, 2006 (71 approval under the Paperwork September 29, 2003, the Agency FR 25942, FRL–8060–3) and September Reduction Act (PRA), 44 U.S.C. 3501 et published a final rule (68 FR 55833, 29, 2003, (68 FR 55833, FRL–7327–9), seq., nor does it require any special FRL–7327–9) establishing tolerances for EPA concludes that there is a reasonable considerations under Executive Order combined residues of glufosinate certainty that no harm will result to the 12898, entitled Federal Actions to ammonium (butanoic acid, 2-amino-4- general population, and to infants and Address Environmental Justice in (hydroxymethylphosphinyl)- children from aggregate exposure to Minority Populations and Low-Income ,monoammonium salt) and its glufosinate-ammonium residues. Populations (59 FR 7629, February 16, metabolites, 2-acetamido-4- IV. Other Considerations 1994). methylphosphinico-butanoic acid and Since tolerances and exemptions that 3-methylphosphinico-propionic acid, A. Analytical Enforcement Methodology are established on the basis of a petition expressed as 2-amino-4- Adequate enforcement methodology under section 408(d) of FFDCA, such as (hydroxymethylphosphinyl)butanoic (gas chromatography) is available to the tolerance in this final rule, do not acid equivalents, in or on bushberry enforce the tolerance expression. The require the issuance of a proposed rule, subgroup, lingonberry, juneberry and method may be requested from: Chief, the requirements of the Regulatory salal at 0.15 ppm, cattle, fat at 0.40 ppm, Analytical Chemistry Branch, Flexibility Act (RFA) (5 U.S.C. 601 et cattle, meat at 0.15 ppm, cattle, meat Environmental Science Center, 701 seq.) do not apply. byproducts at 6.0 ppm, cotton, gin Mapes Rd., Ft. Meade, MD 20755–5350; This final rule directly regulates byproducts at 15 ppm, cotton, telephone number: (410) 305–2905; e- growers, food processors, food handlers undelinted seed at 4.0 ppm, egg at 0.15 mail address: [email protected]. and food retailers, not States or tribes, ppm, goat, fat at 0.40 ppm, goat, meat B. International Residue Limits nor does this action alter the at 0.15 ppm, goat, meat byproducts at relationships or distribution of power 6.0 ppm, hog, fat at 0.40 ppm, hog, meat There is an established CODEX and responsibilities established by at 0.15 ppm, hog, meat byproducts at 6.0 maximum residue limit (MRL) of 0.1 Congress in the preemption provisions ppm, horse, fat at 0.40 ppm, horse, meat ppm for residues of glufosinate- of section 408(n)(4) of FFDCA. As such, at 0.15 ppm, horse, meat byproducts at ammonium on tree nuts, including the Agency has determined that this 6.0 ppm, milk at 0.15 ppm, poultry, fat pistachios, which is consistent with the action will not have a substantial direct U.S. tolerance being established for at 0.15 ppm, poultry, meat at 0.15 ppm, effect on States or tribal governments, pistachio. There are no Canadian or poultry, meat byproducts at 0.60 ppm, on the relationship between the national Mexican MRLs established for tree nuts sheep, fat at 0.40 ppm, sheep, meat at government and the States or tribal or pistachio. 0.15 ppm, and sheep, meat byproducts governments, or on the distribution of at 6.0 ppm, rice, grain at 1.0 ppm, rice, V. Conclusion power and responsibilities among the straw at 2.0 ppm, and rice, hull at 2.0 Therefore, the tolerance is established various levels of government or between ppm. for combined residues of glufosinate- the Federal Government and Indian When the Agency conducted the risk ammonium, (butanoic acid, 2-amino-4- tribes. Thus, the Agency has determined assessments in support of the 2003 and (hydroxymethylphosphinyl)-, that Executive Order 13132, entitled 2006 tolerance actions, it assumed that monoammonium salt) and its Federalism (64 FR 43255, August 10, glufosinate-ammonium residues would metabolites, 2-acetamido-4- 1999) and Executive Order 13175, be present on pistachio at 0.10 ppm, methylphosphinico-butanoic acid and entitled Consultation and Coordination equivalent to the previously established 3-methylphosphinico-propionic acid, with Indian Tribal Governments (65 FR tolerance for the tree nut crop group. expressed as 2-amino-4- 67249, November 6, 2000) do not apply Under current regulations, pistachio is (hydroxymethylphosphinyl)butanoic to this rule. In addition, This rule does not included in the tree nut crop group; acid equivalents, in or on pistachio at not impose any enforceable duty or however, the residue field trial data 0.10 ppm. contain any unfunded mandate as required to establish a tolerance on the described under Title II of the Unfunded tree nut crop group may be relied upon VI. Statutory and Executive Order Mandates Reform Act of 1995 (UMRA) to establish a tolerance at the same level Reviews (Public Law 104–4). on pistachio. Since EPA assumed This final rule establishes a tolerance This action does not involve any glufosinate-ammonium residues would under section 408(d) of FFDCA in technical standards that would require be present on pistachio at 0.10 ppm in response to a petition submitted to the Agency consideration of voluntary its most recent risk assessments, Agency. The Office of Management and consensus standards pursuant to section establishing the pistachio tolerance will Budget (OMB) has exempted these types 12(d) of the National Technology not change the estimated aggregate risks of actions from review under Executive Transfer and Advancement Act of 1995 resulting from use of glufosinate Order 12866, entitled Regulatory (NTTAA), Public Law 104–113, section ammonium, as discussed in the May 3, Planning and Review (58 FR 51735, 12(d) (15 U.S.C. 272 note).

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VII. Congressional Review Act a ‘‘major rule’’ as defined by 5 U.S.C. PART 180—[AMENDED] The Congressional Review Act, 5 804(2). U.S.C. 801 et seq., generally provides List of Subjects in 40 CFR Part 180 I 1. The authority citation for part 180 that before a rule may take effect, the continues to read as follows: Environmental protection, agency promulgating the rule must Administrative practice and procedure, Authority: 21 U.S.C. 321(q), 346a and 371. submit a rule report to each House of Agricultural commodities, Pesticides I the Congress and to the Comptroller 2. Section 180.473 is amended by and pests, Reporting and recordkeeping alphabetically adding ‘‘pistachio’’ to the General of the United States. EPA will requirements. submit a report containing this rule and table in paragraph (a)(1) to read as other required information to the U.S. Dated: July 13, 2007. follows: Lois Rossi, Senate, the U.S. House of § 180.473 Glufosinate-ammonium; Director, Registration Division, Office of Representatives, and the Comptroller tolerances for residues. General of the United States prior to Pesticide Programs. publication of this final rule in the I Therefore, 40 CFR chapter I is (a)(1) *** Federal Register. This final rule is not amended as follows:

Commodity Parts per million

***** Pistachio 0.10 *****

* * * * * ADDRESSES: If you want to determine the communities will be published in [FR Doc. E7–14170 Filed 7–24–07 8:45 am] whether a particular community was the Federal Register. BILLING CODE 6560–50–S suspended on the suspension date, In addition, FEMA has identified the contact the appropriate FEMA Regional Special Flood Hazard Areas (SFHAs) in Office. these communities by publishing a Flood Insurance Rate Map (FIRM). The FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND date of the FIRM, if one has been SECURITY David Stearrett, Mitigation Directorate, Federal Emergency Management published, is indicated in the fourth column of the table. No direct Federal Federal Emergency Management Agency, 500 C Street SW., Washington, financial assistance (except assistance Agency DC 20472, (202) 646–2953. pursuant to the Robert T. Stafford SUPPLEMENTARY INFORMATION: Disaster Relief and Emergency 44 CFR Part 64 The NFIP enables property owners to purchase Assistance Act not in connection with a flood insurance which is generally not flood) may legally be provided for [Docket No. FEMA–7983] otherwise available. In return, construction or acquisition of buildings Suspension of Community Eligibility communities agree to adopt and in identified SFHAs for communities administer local floodplain management not participating in the NFIP and AGENCY: Federal Emergency aimed at protecting lives and new identified for more than a year, on Management Agency, DHS. construction from future flooding. FEMA’s initial flood insurance map of ACTION: Final rule. Section 1315 of the National Flood the community as having flood-prone Insurance Act of 1968, as amended, 42 areas (section 202(a) of the Flood SUMMARY: This rule identifies U.S.C. 4022, prohibits flood insurance Disaster Protection Act of 1973, 42 communities, where the sale of flood coverage as authorized under the NFIP, U.S.C. 4106(a), as amended). This insurance has been authorized under 42 U.S.C. 4001 et seq.; unless an prohibition against certain types of the National Flood Insurance Program appropriate public body adopts Federal assistance becomes effective for (NFIP), that are scheduled for adequate floodplain management the communities listed on the date suspension on the effective dates listed measures with effective enforcement shown in the last column. The within this rule because of measures. The communities listed in Administrator finds that notice and noncompliance with the floodplain this document no longer meet that public comment under 5 U.S.C. 553(b) management requirements of the statutory requirement for compliance are impracticable and unnecessary program. If the Federal Emergency with program regulations, 44 CFR part because communities listed in this final Management Agency (FEMA) receives 59. Accordingly, the communities will rule have been adequately notified. documentation that the community has be suspended on the effective date in Each community receives 6-month, adopted the required floodplain the third column. As of that date, flood 90-day, and 30-day notification letters management measures prior to the insurance will no longer be available in addressed to the Chief Executive Officer effective suspension date given in this the community. However, some of these stating that the community will be rule, the suspension will not occur and communities may adopt and submit the suspended unless the required a notice of this will be provided by required documentation of legally floodplain management measures are publication in the Federal Register on a enforceable floodplain management met prior to the effective suspension subsequent date. measures after this rule is published but date. Since these notifications were DATES: Effective Dates: The effective prior to the actual suspension date. made, this final rule may take effect date of each community’s scheduled These communities will not be within less than 30 days. suspension is the third date (‘‘Susp.’’) suspended and will continue their National Environmental Policy Act. listed in the third column of the eligibility for the sale of insurance. A This rule is categorically excluded from following tables. notice withdrawing the suspension of the requirements of 44 CFR part 10,

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Environmental Considerations. No Regulatory Classification. This final List of Subjects in 44 CFR Part 64 environmental impact assessment has rule is not a significant regulatory action been prepared. under the criteria of section 3(f) of Flood insurance, Floodplains. Regulatory Flexibility Act. The Executive Order 12866 of September 30, I Accordingly, 44 CFR part 64 is Administrator has determined that this 1993, Regulatory Planning and Review, amended as follows: rule is exempt from the requirements of 58 FR 51735. the Regulatory Flexibility Act because Executive Order 13132, Federalism. PART 64—[AMENDED] the National Flood Insurance Act of This rule involves no policies that have 1968, as amended, 42 U.S.C. 4022, I 1. The authority citation for part 64 federalism implications under Executive continues to read as follows: prohibits flood insurance coverage Order 13132. unless an appropriate public body Authority: 42 U.S.C. 4001 et seq.; adopts adequate floodplain management Executive Order 12988, Civil Justice Reorganization Plan No. 3 of 1978, 3 CFR, measures with effective enforcement Reform. This rule meets the applicable 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, measures. The communities listed no standards of Executive Order 12988. 3 CFR, 1979 Comp.; p. 376. longer comply with the statutory Paperwork Reduction Act. This rule § 64.6 [Amended] requirements, and after the effective does not involve any collection of date, flood insurance will no longer be information for purposes of the I 2. The tables published under the available in the communities unless Paperwork Reduction Act, 44 U.S.C. authority of § 64.6 are amended as remedial action takes place. 3501 et seq. follows:

Date cer- tain Fed- Current ef- eral assist- State and location Community Effective date authorization/cancellation of sale of fective ance no No. flood insurance in community map date longer available in SFHAs

Region IV: Kentucky: Carroll County, Unincorporated 210045 March 26, 1997, Emerg, September 1, 1998, Reg, 07/17/2007 07/17/ Areas. July 17, 2007, Susp. 2007. Prestonville, City of, Carroll County ...... 210047 August 2, 1976, Emerg, September 18, 1986, *Do ... Do. Reg, July 17, 2007, Susp. *Do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: July 13, 2007. Stations KDWY(FM), Diamondville, Washington, DC 20554, telephone 1– David I. Maurstad, Wyoming, KAOX(FM), Kemmerer, 800–378–3160 or http:// Assistant Administrator, Mitigation, Wyoming, and KRAR(FM), Brigham www.BCPIWEB.com. The Commission Department of Homeland Security, Federal City, Utah; Rocky Mountain Radio will not send a copy of this Emergency Management Agency. Network, Inc., licensee of Station Memorandum Opinion and Order in a [FR Doc. E7–14344 Filed 7–24–07; 8:45 am] KRMF(FM), Evanston, Wyoming; 3 report to be sent to Congress and the BILLING CODE 9110–12–P Point Media—Coalville, LLC, licensee of General Accounting Office pursuant to Station KCUA(FM), Naples, Utah, and the Congressional Review Act, see 5 College Creek Broadcasting, LLC U.S.C. 801(a)(1)(A), because the petition FEDERAL COMMUNICATIONS successful bidder and applicant for four for reconsideration was dismissed. COMMISSION vacant auction allotments. List of Subjects in 47 CFR Part 73 ADDRESSES: Federal Communications 47 CFR Part 73 Commission, 445 Twelfth Street, SW., Radio, Radio broadcasting. [DA 07–2747; MB Docket No. 04–427; RM– Washington, DC 20554. Federal Communications Commission. 11127; RM–11239] FOR FURTHER INFORMATION CONTACT: John A. Karousos, Victoria M. McCauley, Media Bureau, Assistant Chief, Audio Division, Media Radio Broadcasting Services; Ammon (202) 418–2180. Bureau. and Dubois, ID SUPPLEMENTARY INFORMATION: This is a [FR Doc. E7–14368 Filed 7–24–07; 8:45 am] AGENCY: Federal Communications synopsis of the Commission’s BILLING CODE 6712–01–P Commission. Memorandum Opinion and Order, MB Docket No. 04–427 adopted June 20, ACTION: Final rule; dismissal of petition FEDERAL COMMUNICATIONS for reconsideration. 2007, and released June 22, 2007. The full text of this Commission decision is COMMISSION SUMMARY: At the parties’ request, this available for inspection and copying 47 CFR Part 90 document dismisses the petition for during regular business hours at the reconsideration of the Report and Order FCC’s Reference Information Center, [ET Docket No. 04–151, WT Docket No. 05– in this proceeding. The withdrawal of Portals II, 445 Twelfth Street, SW., 96 and ET Docket No. 02–380; FCC 07– the petition for reconsideration was Room CY–A257, Washington, DC 20554. 99] filed jointly by Millcreek Broadcasting, The complete text of this decision may Wireless Operations in the 3650–3700 LLC, licensee of Stations KNJQ(FM), also be purchased from the MHz Band Manti, Utah, KUUU(FM), South Jordan, Commission’s duplicating contractor, Utah, and KUDD(FM), Roy, Utah; Best Copy and Printing, Inc., 445 12th AGENCY: Federal Communications Simmons SLC–LS, LLC, licensee of Street, SW., Room CY–B402, Commission.

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ACTION: Final rule. Intel Corporation, Redline and with minimal regulatory delay. The Communications and Alvarion (jointly); Commission concluded that the non- SUMMARY: This document addresses Motorola; Redline Communications; the exclusive licensing model, in petitions for reconsideration filed in Satellite Industry Association (SIA); the conjunction with operational and response to the Commission’s Report Wireless Communications Association technical safeguards (such as the and Order relating to the 3650–3700 (WCA); and the Wi-Max Forum. contention-based protocol and a MHz band (3650 MHz band) proceeding. 2. The MO&O affirms the registration requirement), would The Commission affirms its previous Commission’s previous decisions to obligate licensees to cooperate to avoid decisions to create a spectrum create a spectrum environment that will harmful interference. The Commission environment that will encourage encourage multiple entrants and concluded that the licensing rules it multiple entrants and stimulate the stimulate the expansion of broadband adopted would ‘‘ensure open access to expansion of broadband service to rural service to rural and under served areas. this spectrum for nominal application and under served areas. To facilitate To facilitate rapid deployment in the fees and allow effective and efficient use rapid deployment in the band, the band, the Commission maintains the of this spectrum in response to market Commissions maintain the previously previously adopted, non-exclusive forces.’’ This, the Commission reasoned, adopted, non-exclusive licensing licensing scheme. Additionally, the would encourage ‘‘rapid deployment of scheme. The clarification and Commission declines to reconsider the broadband technologies’’ and advance modification will facilitate operation of requirement that equipment operating the ‘‘goal of bringing broadband services the widest variety of broadband in the 3650 MHz band incorporate a to all Americans, including consumers technologies with minimal risk of contention-based protocol, a technology living in less densely populated rural interference in both the near and long that permits multiple licensees to share and suburban areas. terms. They should further reduce the spectrum by ensuring that all licensees 5. All of the arguments for making potential for co-channel interference, receive reasonable opportunities to modifications to the licensing rules rest provide additional protections to the operate in the band. The Commission on the assumption that non-exclusive multiple users in the band under the clarifies the meaning of contention- licensing will frustrate potential users of current licensing regime, and create based protocol and modifies the rules to the band and its efficient use. The incentives for the rapid development of limit the operation of equipment using Commission disagrees with these broadly compatible contention ‘‘restricted’’ contention-based protocols projections. While it acknowledges that technologies. (those that are not capable of avoiding the use of a non-exclusive licensing DATES: Effective August 24, 2007. co-frequency interference with all other approach must be accompanied with the types of contention-based protocols) to means to ensure that multiple users can FOR FURTHER INFORMATION CONTACT: the lower 25 megahertz portion of the operate successfully in the band, the Jeffrey Dygert, Policy and Rules 3650 MHz band. The Commission’s Commission concludes that it adopted Division, Office of Engineering and actions should facilitate operation of the appropriate and practical mechanisms Technology, (202) 418–7300, e-mail: widest variety of broadband to ensure such an outcome. [email protected]. technologies with minimal risk of 6. The Commission declines to alter SUPPLEMENTARY INFORMATION: This is a interference in both the near and long the band’s cooperation requirement to summary of the Commission’s terms. The order should further reduce approximate the rights available in an Memorandum Opinion and Order, ET the potential for co-channel exclusive licensing model. It is not Docket No. 04–151, FCC 07–99, adopted interference, provide additional persuaded that the various steps that May 22, 2007 and released June 17, protections to the multiple users in the parties suggest in this regard would 2007. The full text of this document is band under the current licensing more effectively further the public available on the Commission’s Internet regime, and create incentives for the interest and the Commission’s goals in site at http://www.fcc.gov. It is also rapid development of broadly this proceeding than the current non- available for inspection and copying compatible contention technologies. exclusive licensing scheme or that the during regular business hours in the 3. Additionally, the Commission benefits of these proposed changes FCC Reference Center (Room CY–A257), denies requests for reconsideration of overweigh the costs. For example, 445 12th Street, SW., Washington, DC the previously adopted power limits for creating the type of first-in-time rights 20554. The full text of this document fixed and mobile transmissions in the that parties suggest would give initial also may be purchased from the band, concluding that the limits market entrants the ability to structure Commission’s duplication contractor, adopted serve to protect against their operations in a manner that could Best Copy and Printing Inc., Portals II, interference both among the band’s impede subsequent providers’ ability to 445 12th St., SW., Room CY–B402, licensees and with satellite earth offer viable services and diminish any Washington, DC 20554; telephone (202) stations. Finally, it denies requests to incentive that such initial market 488–5300; fax (202) 488–5563; e-mail modify the out-of-band emission limits entrants might have in negotiating [email protected]. in the rules and declines to revise the interference avoidance measures to rules regarding coordination with accommodate new entrants. Requiring Summary of the Memorandum Opinion satellite licensees operating in the the use of third-party frequency and Order grandfathered exclusion zones around coordinators would also add an 1. The Memorandum Opinion and satellite earth stations. unnecessary extra layer of process that Order (MO&O) addresses petitions for operators would have to satisfy before reconsideration filed in response to the Licensing and Use of the Band deploying their equipment and Commission’s Report and Order, 70 FR 4. The Commission adopted a initiating service. Given the use of 24712, May 11, 2005, in prior nationwide non-exclusive licensing contention protocols in the band, the proceedings relating to the 3650–3700 scheme for the 3650 MHz band in order Commission declines to require a MHz band (3650 MHz band). The to create a spectrum environment separate entity to serve as a gate-keeper parties petitioning for reconsideration conducive to the prompt entry by for the spectrum. Similarly, were: BRN Phoenix (BRN); the multiple broadband providers in under- performance standards and the Enterprise Wireless Alliance (EWA); served markets—and at low entry costs attendant reporting obligation would

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duplicate the discipline that the market protocols. The Commission cautioned, equipment for use in the 3650 MHz will already provide. If an operator is though, that equipment would not be band must incorporate a mechanism not providing adequate service, other certified for use in the band if it that allows ‘‘multiple users to share the operators will be free to deploy their appeared ‘‘to be designed to preclude same spectrum * * * and establish[es] facilities in the market and begin their others from using this spectrum.’’ The rules by which each device is provided own operations. Commission stated that it would a reasonable opportunity to operate.’’ 7. The Commission disagrees that monitor use of the spectrum, and would 13. The record reveals two broad non-exclusive licensing will make the modify the rules if there appeared to be categories of contention-based band unusable. The licensing significant problems in this regard. protocols, both of which appear to the procedures adopted for the band 10. The Commission concludes that requirements for operation in the 3650 provide no first-in-time right to exclude the public interest is best served by MHz band. Nonetheless, they may not others from entering a market, as would retaining the requirement that fixed, be compatible with each other, and the be necessary to make squatting behavior base and mobile equipment operating in use of both types could result in co- profitable. To the contrary, the the band incorporate a contention-based frequency interference and thus cooperation and contention-based protocol. Given the decision to retain frustrate the Commission’s goal of protocol rules both require that non-exclusive licensing in the 3650 allowing for multiple entrants in the licensees take various steps to MHz band, the Commission continues band. Under the Commission’s rules, accommodate (or at least avoid to believe that equipment incorporating contention-based protocols can be interfering with) the operations of other a contention-based protocol will categorized as either ‘‘unrestricted’’ or licensees in their area. Similarly, these provide a cost-effective means to enable ‘‘restricted.’’ Unrestricted protocols are requirements should eliminate licensee multiple users to operate on the same broadly compatible and function to behavior that could overcrowd the band frequencies in the band without prevent interference even with other, to the detriment of all users. They will interfering with one another. With dissimilar contention technologies on prevent licensees from consuming the contention-based protocol requirement, the market. A listen-before-talk full band and crowding out the operators and their customers will not technology like that in Wi-Fi devices is transmissions of other operators. have to rely on frequency coordination a prime example of an unrestricted Licensees that must coordinate their prior to the initiation of service; this contention-based protocol. On the other operations with other licensees and will reduce costs and delay. hand, restricted contention protocols 11. The Commission is not persuaded deploy equipment that avoids harmful can prevent interference only with other interference will not be able to that the shortcomings that petitioners devices incorporating the same protocol. overwhelm their neighbors. ascribe to contention protocols will 8. In contrast to an exclusive licensing necessarily limit use of the band to short 14. Allowing the use of different model in which a licensee may exclude range applications. Competing evidence protocols in the band will serve the goal others from a particular license area, the indicates that contention technology is of speeding deployment of service, since non-exclusive licensing model adopted suitable for many different applications operators will be able to deploy many in the 3650 MHz Order requires a that the 3650 MHz Order envisioned, different technologies, including those potential entrant to consider that the including long range operations. Long already being developed for use in the presence of other licensees will require range transmissions typically would be 3650 MHz band world-wide. cooperative use and may, at times, point-to-point using narrow beams. Nonetheless, the potential exists for restrict the amount of spectrum and/or Point-to-point transmissions at the conflict between certain types of time that spectrum is available to any power limits adopted for the band will protocols, which could result in particular licensee. That trade-off, have a lower potential for interference interference and/or a denial of access to however, does not automatically render and allow providers to use this band for the band for certain users. To resolve the spectrum unusable. backhaul operations, especially in less this conflict, the Commission will congested rural areas. The certify equipment using a restricted Contention-Based Protocol Commission’s goal of providing for contention protocol but will limit the 9. In the 3650 MHz Order, the multiple entrants in the band can best operation of such equipment to the Commission explained that contention- be accomplished if users have the lower 25 megahertz of the 3650 MHz based protocols, which it required for flexibility to choose the technology most band. On the other hand, equipment fixed, base and mobile equipment appropriate to meet their needs. using an unrestricted contention operating in the band, would ‘‘allow Accordingly, the Commission denies protocol will be allowed to operate multiple users to share the same those petitions for reconsideration that throughout the 50 megahertz in the 3650 spectrum by defining the events that seek elimination of the contention MHz band, since it will be able to detect must occur when two or more devices protocol requirement. other transmissions throughout the band attempt to simultaneously access the 12. The Commission clarifies that the and thus avoid co-frequency same channel and establishing rules by 3650 MHz rules provide for certification interference anywhere in the band. The which each device is provided a of a variety of devices that may use Commission concludes that this reasonable opportunity to operate.’’ The different types of protocols or approach will ensure efficient use of the Commission’s goal in adopting the interference avoidance mechanisms that spectrum and permit the prompt contention requirement was to speed satisfy the contention definition that deployment in this country of deployment in the 3650 MHz band by applies to the 3650 MHz band. The equipment that is already being used in allowing multiple entrants to provide definition of what constitutes a valid this spectrum in other countries around service. It saw the protocol as a means contention protocol for the 3650 MHz the globe. Permitting a number of to ‘‘ensure efficient and cooperative band is broad enough to encompass different contention based technologies shared use of the spectrum.’’ The different types of contention protocols to operate in the band will also provide Commission chose not to require a and interference avoidance additional flexibility to licensees to specific contention-based protocol, mechanisms, thereby promoting choose the best suitable technology for leaving it to industry and standards innovation and product development. the type of services they plan to bodies to determine appropriate As stated in the 3650 MHz Order, provide.

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15. The Commission will implement the Commission’s Office of Engineering it considered the issues surrounding this approach through the equipment and Technology. ‘‘deployment of advanced antenna certification process, under which it systems, including sectorized and Emissions Limits will examine for compliance with the adaptive array systems.’’ It balanced the rules all equipment proposed for use in 20. In setting the power limits for need for ‘‘flexibility for licensees to the 3650 MHz band. It will condition transmissions in the 3650 MHz band, employ a wide variety of advanced the certification for equipment using a the Commission balanced numerous antennas to meet their needs’’ with the restricted protocol to limit its operation competing factors to ‘‘serve the public goal of protecting satellite earth stations. and tuning range to the bottom 25 interest and foster the expeditious In so doing, it concluded that, ‘‘to allow megahertz of the band. The registration introduction of new terrestrial services flexibility in deployment’’ of these database will include the FCC in the 3650 MHz band.’’ These factors systems, it would allow such antennas identification number, reflecting the included (1) the importance of to operate with a slightly higher power equipment certification condition interference protection for output. BRN Phoenix identifies no restricting the licensee’s operating grandfathered satellite earth stations deficiency in the Commission’s decision frequency range if the licensee employs and federal government radiolocation that would warrant reconsideration. equipment using a restricted contention- stations and (2) the need to ensure Accordingly, the Commission denies its based protocol. efficient use of the band by avoiding petition in this regard. 16. The Commission recognizes that mutual interference among licensed manufacturers, through software operators. To this end, the Commission FSS Satellite Issues upgrades or other means may alter the adopted a peak power density of 25 24. The Commission took several emission characteristics of previously Watts per 25 MHz of bandwidth and no steps to minimize the extent to which deployed devices so that they move greater than 1 watt per 1 MHz of terrestrial operations in the 3650 MHz from the restricted to the unrestricted bandwidth for fixed operations and band would affect the operations of category. To the extent that this occurs, imposed a limit of 1 Watt per 25 MHz satellite operators in both the the manufacturer will be responsible for of bandwidth for mobile operations. conventional C-band (3700–4200 MHz) complying with the Commission’s rules Fixed and Mobile Power Limits and the extended C-band (3625–3700 regarding the need for new equipment MHz). First, the Commission established certification before the device will be 21. The Commission declines to increase the power limits for either protection zones with a radius of 150 permitted to tune over the full 50 km around the earth stations of megahertz of the 3650 MHz band. fixed or mobile operations in the 3650 grandfathered Fixed Satellite Service Further, affected licensees must update MHz band. In adopting power limits for (FSS) operators in the 3650 MHz band. their base and fixed station registrations this band, the Commission balanced the The Commission ruled that licensees in to reflect this change. potential for inter-service and intra- 17. By contrast, the Commission will service interference with the need to the 3650 MHz band could establish not condition the certification for provide for satisfactory service by 3650 Fixed Service operations within the equipment incorporating an unrestricted MHz devices. At the same time, the protection zones only with the consent contention-based protocol, thus Commission was concerned that the of the affected FSS operator. For 3650 allowing such equipment to operate combination of power limits and the MHz licensees, the Commission throughout the full 50 MHz of the band. size of the earth station exclusion zones established fixed station operating This should create an added incentive that it adopted would adequately power limits of 25 Watts and mobile for industry groups and manufacturers protect from harmful interference the station operating power limits of 1 Watt. to speed their development and grandfathered satellite operations and Additionally, the Commission sought to deployment of such technology. In the Federal Government radiolocation avoid out-of-band interference by long term, this, should improve the stations. requiring operators to limit emissions quality of service in the 3650 MHz band, 22. The Commission concludes that into adjacent bands by a minimum furthering the public interest. At the the 3650 MHz Order set the 3650 MHz attenuation of 43 + 10 log(P) below the same time, however, permitting power limits at an appropriate level. transmit power. restricted contention technologies to The levels adopted are adequate to Out-of-Band Interference operate in the lower 25 MHz of the band support commercially viable services will ensure that a wider range of and will allow licensees to operate 25. The Satellite Industry Association currently available equipment may be effectively in the band without (SIA) sought reconsideration of the 3650 immediately deployed in the band. unacceptably interfering with each MHz Order, arguing that the newly 18. The Commission denies the other’s operations (provided they authorized terrestrial operations in the petitions for reconsideration to the deploy equipment incorporating an 3650 MHz band will create interference extent that they seek elimination of the appropriate contention technology). At in the adjacent 3700–4200 band that, requirement that equipment in the 3650 the same time, the power limits, contrary to the public interest, could MHz band incorporate a contention- combined with the size of the protection disrupt C–band satellite operations. The based protocol. zones for grandfathered satellite earth Commission concludes that SIA’s 19. The Commission notes the request stations, will prevent terrestrial analysis contains overly conservative by BRN Phoenix that the Commission operations in the band from interfering assumptions about path loss certify its Advanced Antenna System as with in-band satellite operations. attenuation, the necessary C/I protection the (apparently sole) contention-based ratio and the arrival angle of a 3650 protocol for use in the 3650 MHz band. Advanced Antenna Systems MHz signal at a satellite earth station. The Commission expects that a variety 23. The Commission declines BRN’s Each of these assumptions contributes of different contention technologies will request to reconsider the limit on power to the overly pessimistic picture that qualify for deployment in the band. output in the 3650 MHz band. In the SIA paints in its analysis. When these BRN, like other parties may seek 3650 MHz Order, the Commission assumptions are adjusted to reflect more certification for its Advanced Antenna balanced the public interest factors that realistic operational scenarios the System from the Laboratory Division of BRN raises in its petition. Specifically, attenuation requirement in the 3650

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MHz Order adequately protects improperly places the burden of 36. Pursuant to sections 4(i), 302, operations in adjacent bands. avoiding interference on incumbents. It 303(e), 303(f), 303(g), 303(r), and 405 of 26. The Commission may, however, is not Commission policy to protect the Communications Act of 1934, as require greater suppression of the out- incumbent licensees against all amended, 47 U.S.C. 154(i), 302, 303(e), of-band emissions of a 3650 MHz emissions from adjacent bands; this is 303(f), 303(g), and 405, that the operator in those rare instances when a particularly true when the emissions are remainder of the petitions for 3650 MHz transmitter falls near the a foreseeable result of prior allocation reconsideration filed by Motorola and main beam and in a line of sight of a orders. Installation of appropriate filters Redline, as well as the reconsideration satellite earth station. on satellite earth stations can adequately petitions of BRN Phoenix, the Enterprise Power Limits and LNB Saturation address the LNB saturation issue that Wireless Alliance, the Satellite Industry SIA now raises. Association, the Wireless 27. SIA argued that the potential Communications Association, the Wi- exists for emissions from the 3650 MHz Satellite Coordination Requirements Max Forum, and the joint petition of transmitters to saturate the low noise 31. Petitioners urge the Commission Intel, Redline and Alvarion are denied. block converters (LNBs) on FSS earth to impose the guidelines of the Report to Congress stations operating in the adjacent C– Commission’s part 101 rules as a band at 3700–4200 MHz. SIA requests framework for the coordination of 3650 37. The Commission will send a copy that the Commission reconsider the MHz operations within the exclusion of the Memorandum Opinion and permissible power level for fixed and zones established around grandfathered Order, in a report to be sent to Congress base stations, at least in the upper half FSS earth stations. They contend that pursuant to the Congressional Review 1 of the 3650 MHz band (that closest to this would expedite fixed station entry Act. In addition, the Commission will the C–band) and set it at a level below without creating interference risk to the send a copy of the Memorandum the 25-watt figure that the prior order grandfathered FSS earth stations. Opinion and Order, to Congress and the adopted. Government Accountability Office. 28. The Commission declines to 32. The Commission declines to adopt reconsider the permissible power limits the part 101 rules as the sole means of List of Subjects in 47 CFR part 90 in the 3650 MHz band as SIA requests. coordination for those 3650 MHz Communications equipment, A review of the analysis that SIA licensees seeking to operate fixed Reporting and recordkeeping provides for its argument on LNB services within the exclusion zones that requirements. saturation reveals that it is based on two the Commission established around grandfathered FSS earth stations. The Federal Communications Commission. very conservative assumptions. The Marlene H. Dortch, predicted saturation is most pronounced part 101 rules, inter alia, ‘‘prescribe the Secretary. when the arrival angle of the satellite manner in which portions of the radio antenna is 5 degrees. At greater arrival spectrum may be made available for Final Rule angles—as will exist for the great private * * * microwave operations I For reasons discussed in the majority of earth stations—the that require transmitting facilities on preamble, the Federal Communications interference projected by SIA’s analysis land.’’ In doing so, however, they set out Commission amends 47 CFR part 90 to is reduced. The Commission also notes specific coordination procedures and read as follows: that SIA has again assumed free space interference protection criteria for covered fixed microwave transmitters. assumptions for its propagation PART 90—PRIVATE LAND MOBILE Rather than impose these specific analysis. Employing a path loss RADIO SERVICES exponent greater than 2, as was done for procedures and criteria, the Commission the OOB emissions estimate, prefers to allow the parties involved to I 1. The authority citation for part 90 significantly reduces the potential choose for themselves the rules continues to read as follows: interference. governing their particular negotiations. Authority: Sections 4(i), 11, 303(g), 303(r), 29. Given the smaller separation Ordering Clauses and 332(c)(7) of the Communications Act of distances necessary to alleviate LNB 1934, as amended, 47 U.S.C. 154(i), 161, saturation predicted by a more realistic 33. Pursuant to the authority 303(g), 303(r), 332(c)(7). contained in sections 4(i), 302, 303(e), propagation model, a modest I 2. Section 90.7 is amended by revising 303(f), and 307 of the Communications coordination effort should allow the definition of ‘‘Contention-based Act of 1934, as amended, 47 U.S.C. satellite earth stations to operate protocol’’ to read as follows. effectively, despite the presence of 154(i), 302, 303(c), 303(f), and 307, this nearby operations in the 3650 MHz Order on Reconsideration is hereby § 90.7 Definitions. band. The Commission expects 3650 adopted. * * * * * MHz licensees and satellite operators to 34. Pursuant to sections 4(i), 302, Contention-based protocol. A protocol undertake such coordination where 303(e), 303(f), 303(g), 303(r), and 405 of that allows multiple users to share the necessary. The registration requirement the Communications Act of 1934, as same spectrum by defining the events for fixed and base station operations in amended, 47 U.S.C. 154(i), 302, 303(e), that must occur when two or more the band will facilitate this 303(f), 303(g), and 405, that the petitions transmitters attempt to simultaneously coordination. In the registration process, for reconsideration, filed by Motorola access the same channel and licensees in the 3650 MHz band will be and Redline and seeking clarification establishing rules by which a required to provide identification and regarding the contention-based protocol transmitter provides reasonable location information for their fixed and requirement are granted to the extent opportunities for other transmitters to base stations, as well as the technical discussed in the Memorandum Opinion operate. Such a protocol may consist of information necessary for interference and Order. procedures for initiating new analysis. 35. Part 90 of the Commission’s rules transmissions, procedures for 30. The Commission rejects the is amended as specified in rule changes, determining the state of the channel argument that the authorization of and such rule amendments shall be operations in the 3650 MHz band effective August 24, 2007. 1 See 5 U.S.C. 801(a)(1)(A).

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(available or unavailable), and protocols) may operate throughout the GOA exclusive economic zone procedures for managing 50 megahertz of this frequency band. according to the Fishery Management retransmissions in the event of a busy Equipment incorporating a restricted Plan for Groundfish of the Gulf of channel. Contention-based protocols contention-based protocol (i.e. one that Alaska (FMP) prepared by the North shall fall into one of two categories: does not qualify as unrestricted) may Pacific Fishery Management Council (1) An unrestricted contention-based operate in, and shall only tune over, the under authority of the Magnuson- protocol is one which can avoid co- lower 25 megahertz of this frequency Stevens Fishery Conservation and frequency interference with devices band. Management Act. Regulations governing using all other types of contention-based (d) All applicants and licensees shall fishing by U.S. vessels in accordance protocols. cooperate in the selection and use of with the FMP appear at subpart H of 50 (2) A restricted contention-based frequencies in the 3650–3700 MHz band CFR part 600 and 50 CFR part 679. protocol is one that does not qualify as in order to minimize the potential for The 2007 TAC of Pacific ocean perch unrestricted. interference and make the most effective in the Western Regulatory Area of the * * * * * use of the authorized facilities. A GOA is 4,244 metric tons (mt) as I 3. Section 90.203 is amended by database identifying the locations of established by the 2007 and 2008 revising paragraph (o) to read as follows: registered stations will be available at harvest specifications for groundfish of http://wireless.fcc.gov/uls. Licensees the GOA (72 FR 9676, March 5, 2007). § 90.203 Certification required. should examine this database before In accordance with § 679.20(d)(1)(i), * * * * * seeking station authorization, and make the Administrator, Alaska Region, (o) Equipment certification for every effort to ensure that their fixed NMFS (Regional Administrator), has transmitters in the 3650–3700 MHz and base stations operate at a location, determined that the 2007 TAC of Pacific band. (1) Applications for all and with technical parameters, that will ocean perch in the Western Regulatory transmitters must describe the minimize the potential to cause and Area of the GOA will soon be reached. methodology used to meet the receive interference. Licensees of Therefore, the Regional Administrator is requirement that each transmitter stations suffering or causing harmful establishing a directed fishing employ a contention based protocol and interference are expected to cooperate allowance of 4,194 mt, and is setting indicate whether it is capable of and resolve this problem by mutually aside the remaining 50 mt as bycatch to avoiding co-frequency interference with satisfactory arrangements. support other anticipated groundfish devices using all other types of fisheries. In accordance with contention-based protocols (see §§ 90.7, [FR Doc. E7–14211 Filed 7–24–07; 8:45 am] § 679.20(d)(1)(iii), the Regional 90.1305 and 90.1321 of this part); BILLING CODE 6712–01–P Administrator finds that this directed (2) Applications for mobile fishing allowance has been reached. transmitters must identify the base Consequently, NMFS is prohibiting stations with which they are designed to DEPARTMENT OF COMMERCE directed fishing for Pacific ocean perch communicate and describe how the in the Western Regulatory Area of the requirement to positively receive and National Oceanic and Atmospheric GOA. decode an enabling signal is Administration After the effective date of this closure incorporated (see § 90.1333 of this part); the maximum retainable amounts at and 50 CFR Part 679 § 679.20(e) and (f) apply at any time (3) Applications for systems using [Docket No. 070213032–7032–01] during a trip. advanced antenna technology must Classification provide the algorithm used to reduce RIN 0648–XB66 the equivalent isotropically radiated This action responds to the best Fisheries of the Exclusive Economic available information recently obtained power (EIRP) to the maximum allowed Zone Off Alaska; Pacific Ocean Perch in the event of overlapping beams (see from the fishery. The Assistant in the Western Regulatory Area of the Administrator for Fisheries, NOAA § 90.1321 of this part). Gulf of Alaska (4) Applications for fixed transmitters (AA), finds good cause to waive the must include a description of the AGENCY: National Marine Fisheries requirement to provide prior notice and installation instructions and guidelines Service (NMFS), National Oceanic and opportunity for public comment for RF safety exposure requirements that Atmospheric Administration (NOAA), pursuant to the authority set forth at 5 will be included with the transmitter. Commerce. U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public (See § 90.1335). ACTION: Temporary rule; closure. interest. This requirement is I 4. Section 90.1319 is revised to read impracticable and contrary to the public as follows: SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch in the interest as it would prevent NMFS from § 90.1319 Policies governing the use of the Western Regulatory Area of the Gulf of responding to the most recent fisheries 3650–3700 MHz band. Alaska (GOA). This action is necessary data in a timely fashion and would (a) Channels in this band are available to prevent exceeding the 2007 total delay the closure of Pacific ocean perch on a shared basis only and will not be allowable catch (TAC) of Pacific ocean in the Western Regulatory Area of the assigned for the exclusive use of any perch in the Western Regulatory Area of GOA. NMFS was unable to publish a licensee. the GOA. notice providing time for public (b) Any base, fixed, or mobile station comment because the most recent, DATES: Effective 1200 hrs, Alaska local operating in the band must employ a relevant data only became available as time (A.l.t.), July 22, 2007, through 2400 contention-based protocol. of July 19, 2007. (c) Equipment incorporating an hrs, A.l.t., December 31, 2007. The AA also finds good cause to unrestricted contention-based protocol FOR FURTHER INFORMATION CONTACT: waive the 30-day delay in the effective (i.e. one capable of avoiding co- Jennifer Hogan, 907–586–7228. date of this action under 5 U.S.C. frequency interference with devices SUPPLEMENTARY INFORMATION: NMFS 553(d)(3). This finding is based upon using all other types of contention-based manages the groundfish fishery in the the reasons provided above for waiver of

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prior notice and opportunity for public NMFS (Regional Administrator), has DEPARTMENT OF COMMERCE comment. determined that the 2007 TAC of This action is required by § 679.20 northern rockfish in the Western National Oceanic and Atmospheric and is exempt from review under Regulatory Area of the GOA will soon Administration Executive Order 12866. be reached. Therefore, the Regional Authority: 16 U.S.C. 1801 et seq. Administrator is establishing a directed 50 CFR Part 679 Dated: July 19, 2007. fishing allowance of 1,389 mt, and is [Docket No. 070213032–7032–01] setting aside the remaining 50 mt as Emily Menashes, RIN 0648–XB67 Acting Director, Office of Sustainable bycatch to support other anticipated Fisheries, National Marine Fisheries Service. groundfish fisheries. In accordance with Fisheries of the Exclusive Economic [FR Doc. 07–3638 Filed 7–20–07; 2:05 pm] § 679.20(d)(1)(iii), the Regional Zone Off Alaska; Pelagic Shelf BILLING CODE 3510–22–S Administrator finds that this directed Rockfish in the Western Regulatory fishing allowance has been reached. Area of the Gulf of Alaska Consequently, NMFS is prohibiting AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE directed fishing for northern rockfish in Service (NMFS), National Oceanic and the Western Regulatory Area of the Atmospheric Administration (NOAA), National Oceanic and Atmospheric GOA. Administration Commerce. After the effective date of this closure ACTION: Temporary rule; closure. 50 CFR Part 679 the maximum retainable amounts at § 679.20(e) and (f) apply at any time SUMMARY: NMFS is prohibiting directed [Docket No. 070213032–7032–01] during a trip. fishing for pelagic shelf rockfish in the RIN 0648–XB68 Western Regulatory Area of the Gulf of Classification Alaska (GOA). This action is necessary Fisheries of the Exclusive Economic to prevent exceeding the 2007 total This action responds to the best Zone Off Alaska; Northern Rockfish in allowable catch (TAC) of pelagic shelf available information recently obtained the Western Regulatory Area of the rockfish in the Western Regulatory Area Gulf of Alaska from the fishery. The Assistant of the GOA. Administrator for Fisheries, NOAA DATES: Effective 1200 hrs, Alaska local AGENCY: National Marine Fisheries (AA), finds good cause to waive the time (A.l.t.), July 23, 2007, through 2400 Service (NMFS), National Oceanic and requirement to provide prior notice and hrs, A.l.t., December 31, 2007. Atmospheric Administration (NOAA), opportunity for public comment FOR FURTHER INFORMATION CONTACT: Commerce. pursuant to the authority set forth at 5 Jennifer Hogan, 907–586–7228. ACTION: Temporary rule; closure. U.S.C. 553(b)(B) as such requirement is SUPPLEMENTARY INFORMATION: impracticable and contrary to the public NMFS SUMMARY: NMFS is prohibiting directed manages the groundfish fishery in the interest. This requirement is fishing for northern rockfish in the GOA exclusive economic zone impracticable and contrary to the public Western Regulatory Area of the Gulf of according to the Fishery Management interest as it would prevent NMFS from Alaska (GOA). This action is necessary Plan for Groundfish of the Gulf of to prevent exceeding the 2007 total responding to the most recent fisheries Alaska (FMP) prepared by the North allowable catch (TAC) of northern data in a timely fashion and would Pacific Fishery Management Council rockfish in the Western Regulatory Area delay the closure of northern rockfish in under authority of the Magnuson- of the GOA. the Western Regulatory Area of the Stevens Fishery Conservation and DATES: Effective 1200 hrs, Alaska local GOA. NMFS was unable to publish a Management Act. Regulations governing time (A.l.t.), July 23, 2007, through 2400 notice providing time for public fishing by U.S. vessels in accordance hrs, A.l.t., December 31, 2007. comment because the most recent, with the FMP appear at subpart H of 50 FOR FURTHER INFORMATION CONTACT: relevant data only became available as CFR part 600 and 50 CFR part 679. Jennifer Hogan, 907–586–7228. of July 19, 2007. The 2007 TAC of pelagic shelf SUPPLEMENTARY INFORMATION: NMFS The AA also finds good cause to rockfish in the Western Regulatory Area manages the groundfish fishery in the waive the 30-day delay in the effective of the GOA is 1,466 metric tons (mt) as GOA exclusive economic zone date of this action under 5 U.S.C. established by the 2007 and 2008 according to the Fishery Management 553(d)(3). This finding is based upon harvest specifications for groundfish of Plan for Groundfish of the Gulf of the reasons provided above for waiver of the GOA (72 FR 9676, March 5, 2007). In accordance with § 679.20(d)(1)(i), Alaska (FMP) prepared by the North prior notice and opportunity for public the Administrator, Alaska Region, Pacific Fishery Management Council comment. under authority of the Magnuson- NMFS (Regional Administrator), has Stevens Fishery Conservation and This action is required by § 679.20 determined that the 2007 TAC of pelagic Management Act. Regulations governing and is exempt from review under shelf rockfish in the Western Regulatory fishing by U.S. vessels in accordance Executive Order 12866. Area of the GOA will soon be reached. with the FMP appear at subpart H of 50 Authority: 16 U.S.C. 1801 et seq. Therefore, the Regional Administrator is CFR part 600 and 50 CFR part 679. establishing a directed fishing The 2007 TAC of northern rockfish in Dated: July 19, 2007. allowance of 1,416 mt, and is setting the Western Regulatory Area of the GOA Emily Menashes, aside the remaining 50 mt as bycatch to is 1,439 metric tons (mt) as established Acting Director, Office of Sustainable support other anticipated groundfish by the 2007 and 2008 harvest Fisheries, National Marine Fisheries Service. fisheries. In accordance with specifications for groundfish of the GOA [FR Doc. 07–3636 Filed 7–20–07; 2:05 pm] § 679.20(d)(1)(iii), the Regional (72 FR 9676, March 5, 2007). BILLING CODE 3510–22–S Administrator finds that this directed In accordance with § 679.20(d)(1)(i), fishing allowance has been reached. the Administrator, Alaska Region, Consequently, NMFS is prohibiting

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directed fishing for pelagic shelf U.S.C. 553(b)(B) as such requirement is date of this action under 5 U.S.C. rockfish in the Western Regulatory Area impracticable and contrary to the public 553(d)(3). This finding is based upon of the GOA. interest. This requirement is the reasons provided above for waiver of After the effective date of this closure impracticable and contrary to the public prior notice and opportunity for public the maximum retainable amounts at interest as it would prevent NMFS from comment. § 679.20(e) and (f) apply at any time responding to the most recent fisheries This action is required by § 679.20 during a trip. data in a timely fashion and would and is exempt from review under Classification delay the closure of pelagic shelf Executive Order 12866. rockfish in the Western Regulatory Area This action responds to the best Authority: 16 U.S.C. 1801 et seq. of the GOA. NMFS was unable to available information recently obtained Dated: July 19, 2007. from the fishery. The Assistant publish a notice providing time for Administrator for Fisheries, NOAA public comment because the most Emily Menashes, (AA), finds good cause to waive the recent, relevant data only became Acting Director, Office Of Sustainable requirement to provide prior notice and available as of July 19, 2007. Fisheries, National Marine Fisheries Service. opportunity for public comment The AA also finds good cause to [FR Doc. 07–3637 Filed 7–20–07; 2:05 pm] pursuant to the authority set forth at 5 waive the 30 day delay in the effective BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 72, No. 142

Wednesday, July 25, 2007

This section of the FEDERAL REGISTER further public scoping information and discharges in Sanctuary waters. In contains notices to the public of the proposed coment at this time. Upon release of the addition, there were suggestions that issuance of rules and regulations. The SDEIS the NMSP will provide a 45-day NOAA implement recommendations purpose of these notices is to give interested public review/comment period. contained in the water quality needs persons an opportunity to participate in the assessment developed by a working rule making prior to the adoption of the final ADDRESSES: Copies of the 2006 DEIS are rules. available at Channel Islands National group of the Sanctuary Advisory Marine Sanctuary, 113 Harbor Way, Council (available at http:// Suite 150, Santa Barbara, California and www.channelislands.noaa.gov/sac/pdf/ DEPARTMENT OF COMMERCE on the Web at http:// 10-17-05.pdf), which provides a channelislands.noaa.gov. comprehensive evaluation of water National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: quality threats and provides a broad Administration Michael Murray at (805) 884–1464 or range of management advice. This [email protected]. assessment includes a recommendation 15 CFR Part 922 that NOAA prohibit cruise ship SUPPLEMENTARY INFORMATION: During the discharges in Sanctuary waters. In Notice of Intent to Prepare a DEIS public review period (May 15 addition, comments from State agencies Supplemental Draft Environmental through July 21, 2006) NOAA received and a suite of environmental non- Impact Statement for the Channel a wide range of comments, including governmental organizations indicated Islands National Marine Sanctuary substantial public and agency comments that NOAA’s proposed exception for Management Plan Review about changes proposed for Sanctuary graywater discharges is inconsistent regulation of sewage 1 and graywater AGENCY: National Marine Sanctuary 2 with the California Clean Coast Act discharges from large vessels. The DEIS (California Public Resources Code Sec Program, National Ocean Service, provided three regulatory alternatives: National Oceanic and Atmospheric 72420–72422) that prohibits graywater The preferred alternative, alternative 1, discharges from vesels 300 gross Administration, Department of and the no-action alternative. The DEIS Commerce. registered tons or more within state preferred alternative and NOAA’s then- waters. The types of comments ACTION: Notice of intent. proposed action would clarify that a described above were the only types of type I or II marine sanitation device SUMMARY: Notice is hereby given that comments received on the issues of (MSD) is required for discharge of the National Oceanic and Atmospheric graywater and sewage discharge from treated sewage within the Sanctuary and Administration’s (NOAA) National large vessels. proposes that graywater discharge from Marine Sanctuary Program (NMSP) is In May 2006 NOAA submitted its all vessels be excepted from the preparing a Supplemental Draft Coastal Zone Management Act discharge prohibition. Alternative 1 also Environmental Impact Statement consistency finding to the California proposes a graywater exception from the (SDEIS) to supplement and/or replace Coastal Commission (Commission), in prohibition for all vessels, but would information contained in the Draft compliance with Federal consistency prohibit discharge into the Sanctuary of Environmental Impact Statement (DEIS) regulations (15 CFR part 930). In July for the Channel Islands National Marine treated or untreated sewage from large vessels (greater than or equal to 300 2006 the Commission conditionally Sanctuary (CINMS or Sanctuary) concurred with the finding that the management plan review. The SDEIS GRT). The no action alternative would retain the status quo regulation on proposed revised Sanctuary will analyze revisions to the Sanctuary’s management plan and regulations are proposed action that would, in effect, discharge, which is ambiguous with regard to graywater and imprecise with fully consistent with the enforceable prohibit the following discharges within policies of the California Coastal the Sanctuary: (1) All sewage from regard to the type of MSD required for vessel sewage discharge within the Management Program. The Commission vessels 300 gross registered tons (GRT) voted to concur with the consistency or more, including cruise ships and sanctuary. Comments included a request that finding on the condition that NOAA oceangoing ships; and (2) graywater NOAA adopt the discharge regulation revise the proposed discharge and from vessels 300 GRT or more, under alternative 1, which would deposit regulation to prohibit vessels of including from cruise ships, and from prohibit any sewage discharges from 300 GRT or more from discharging oceangoing ships with the capability to large vessels, whether treated or sewage or graywater into the waters of hold graywater while within the untreated. Comments also included a the Sanctuary. Sanctuary. request that NOAA prohibit cruise ship After reviewing these public DATES: Because the NMSP has comments, considering the previously requested (64 FR 31528 and 1 Sewage means human body wastes and the Commission’s action, and further 71 FR 29096) and received extensive wastes from toilets and other receptacles intended analyzing the vessel discharge issues information from the public on issues to to receive or retain body wastes (40 CFR 140.1(a)). raised, NOAA proposes to revise its be addressed in the SDEIS, and because 2 ‘‘Large vessel’’ is used herein to mean any vessel proposed action with regard to of 300 GRT or more. 300 GRT is an established state the Council on Environmental Quality and federal size class threshold for vessel discharge prohibition of graywater and sewage (CEQ) regulations for implementing the regulation purposes. This includes oceangoing discharges from large vessels. NOAA National Environmental Policy Act ships and cruise ships. ‘‘Oceangoing ship’’ means also proposes to define the terms a private, commercial, government, or military (NEPA) do not require additional vessel of 300 GRT or more, not including cruise ‘‘oceangoing ship‘‘ and ‘‘cruise ship’’ scoping for this SDEIS process (40 CFR ships. ‘‘Cruise ship’’ means a vessel with 250 or within the Sanctuary regulations. The 1502.9(c)(4)), the NMSP is not asking for more passenger berths for hire. SDEIS, in conjunction with the

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concomitant supplemental proposed Washington, DC 20426 in Meeting Room After a lunch break, staff plans to rule, will evaluate the revised proposed 3M–2A&B from 9:30 a.m. until 3:30 p.m. discuss implementing the proposal to action and provide the public with an (EST). The staff is holding this collect aggregated annual data from opportunity for additional review and workshop to discuss implementation buyers and sellers of physical natural comment. and other technical issues associated gas. Again, the focus is to be on Authority: 16 U.S.C. 1431 et seq. with the proposals set forth in the implementation issues. The following Notice of Proposed Rulemaking (NOPR), are possible questions to address at the Federal Domestic Assistance Catalog Number Transparency Provisions of Section 23 workshop. Some of the questions of 11.429 Marine Sanctuary Program. of the Natural Gas Act, 72 FR 20791 interest to staff include: Dated: July 18, 2007. (Apr. 26, 2007), FERC Stats. & Regs. ¶ 1. Do the questions set forth in the William Corso, 32,614 (2007). Appendix of the NOPR elicit sufficient Deputy Assistant Administrator, Ocean All interested persons are invited, and data to assess the overall size of the Services and Coastal Zone Management, there is no registration fee to attend. As physical wholesale markets as well as National Oceanic and Atmospheric stated in the first notice, this workshop the relative portion that form price Administration. will neither be web-cast nor transcribed. indices versus the portion that use or [FR Doc. 07–3608 Filed 7–24–07; 8:45 am] Reply comments should be filed in depend on price indices? BILLING CODE 3510–NK–M Docket No. RM07–10–000, in 2. What specific formats, definitions accordance with the dates set in the and submittal technology should be rulemaking docket. The workshop will used to ensure consistency of data for DEPARTMENT OF ENERGY be held on the third floor in Conference accurate aggregation and analysis? rooms 3M–2A & B. 3. What information should be made Federal Energy Regulatory Commission conferences are public? When? Commission accessible under section 508 of the 4. Given various annual reporting Rehabilitation Act of 1973. For obligations, what is a reasonable annual 18 CFR Parts 260 and 284 accessibility accommodations please report date? [Docket Nos. RM07–10–000 and AD06–11– send an e-mail to [email protected] 5. Is any additional information 000] or call toll free 1–866–208–3372 (voice) needed? or 202–208–1659 (TTY), or send a FAX Questions regarding the conference Transparency Provisions of Section 23 to 202–208–2106 with the required should be directed to Lee Choo by e- of the Natural Gas Act; Transparency accommodations. mail at [email protected] or by Provisions of the Energy Policy Act of The workshop will consist of two phone at 202–502–6334. 2005 sessions to be organized as follows: Kimberly D. Bose, In the morning, staff plans to discuss July 17, 2007. Secretary. issues related to implementing the AGENCY: Federal Energy Regulatory [FR Doc. E7–14341 Filed 7–24–07; 8:45 am] proposal that intrastate pipelines post Commission, Department of Energy. BILLING CODE 6717–01–P flow and capacity information of a daily ACTION: Notice of proposed rulemaking; basis. Participants are invited to bring notice of workshop and program. up their implementation questions and issues. Some of the questions of interest ENVIRONMENTAL PROTECTION SUMMARY: The Federal Energy AGENCY Regulatory Commission is holding an to staff include: informal workshop to discuss 1. Under the proposal, what are 40 CFR Parts 52 and 81 implementation and other technical workable definitions of the terms [EPA–R03–OAR–2007–0476; FRL–8445–3] issues associated with the proposals set ‘‘intrastate Docket Nos. RM07–10–000 forth in the Notice of Proposed and AD06–11–000 pipeline,’’ ‘‘major’’ and ‘‘segments?’’ Approval and Promulgation of Air Rulemaking issued April 14, 2007, in Quality Implementation Plans; Commission Docket Nos. RM07–10–000 2. How can posting requirements be adjusted to accommodate particular Pennsylvania; Redesignation of the and AD06–11–000. 72 FR 20791 (April. Erie 8-hour Ozone Nonattainment Area 26, 2007). pipeline operational characteristics? 3. What and at what locations do to Attainment and Approval of the DATES: July 24, 2007, 9:30 a.m. until intrastate pipelines already collect Associated Maintenance Plan and 2002 3:30 p.m. information for use in day-to-day Base-Year Inventory ADDRESSES: Federal Energy Regulatory operations? Can the proposal be AGENCY: Environmental Protection Commission, 888 First Street, NE., modified to make effective use of Agency (EPA). Rooms 3M–2A and B, Washington, DC existing information? ACTION: Proposed rule. 20426. 4. Which types of pipelines should be FOR FURTHER INFORMATION CONTACT: Lee exempt (e.g., pipelines with a single SUMMARY: EPA is proposing to approve Choo, Federal Energy Regulatory customer)? Others? a redesignation request and State Commission, 888 First Street, NE., 5. What should be the de minimis Implementation Plan (SIP) revision Washington, DC 20426. 202–502–6334, criterion? (Criteria proposed in the submitted by the Commonwealth of [email protected]. comments include, e.g., three Pennsylvania. The Pennsylvania SUPPLEMENTARY INFORMATION: As customers, 50,000 Dth/d, less than 110 Department of Environmental Protection announced on June 1, 2007, the staff of miles, and less-than 24 inch diameter.) (PADEP) is requesting that the Erie the Federal Energy Regulatory 6. What is a realistic turnaround time ozone nonattainment area (‘‘Erie Area’’ Commission (Commission) will hold an for posting? or ‘‘Area’’) be redesignated as informal workshop in the above- 7. Are there strategies to develop the attainment for the 8-hour ozone national referenced proceedings on July 24, 2007, same or similar information that would ambient air quality standard (NAAQS). at the Federal Energy Regulatory impose less of a burden on intrastate The Erie Area is comprised of Erie Commission, 888 First Street, NE., pipelines? County, Pennsylvania. EPA is proposing

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to approve the ozone redesignation the comment includes information III. What Are the Criteria for Redesignation request for the Erie Area. In conjunction claimed to be Confidential Business to Attainment? with its redesignation request, the Information (CBI) or other information IV. Why Is EPA Taking These Actions? Commonwealth submitted a SIP whose disclosure is restricted by statute. V. What Would Be the Effect of These Do not submit information that you Actions? revision consisting of a maintenance VI. What Is EPA’s Analysis of the plan for the Erie Area that provides for consider to be CBI or otherwise Commonwealth’s Request? continued attainment of the 8-hour protected through www.regulations.gov VII. Are the Motor Vehicle Emissions ozone NAAQS for at least 10 years after or e-mail. The www.regulations.gov Web Budgets Established and Identified in the redesignation. EPA is proposing to make site is an ‘‘anonymous access’’ system, Maintenance Plan for the Erie Area a determination that the Erie Area has which means EPA will not know your Adequate and Approvable? attained the 8-hour ozone NAAQS, identity or contact information unless VIII. Proposed Actions based upon three years of complete, you provide it in the body of your IX. Statutory and Executive Order Reviews quality-assured ambient air quality comment. If you send an e-mail I. What Are the Actions EPA Is monitoring data for 2004–2006. EPA’s comment directly to EPA without going Proposing To Take? proposed approval of the 8-hour ozone through www.regulations.gov, your e- redesignation request is based on its mail address will be automatically On April 24, 2007, the PADEP determination that the Erie Area has met captured and included as part of the formally submitted a request to the criteria for redesignation to comment that is placed in the public redesignate the Erie Area from attainment specified in the Clean Air docket and made available on the nonattainment to attainment of the 8- Act (CAA). In addition, the Internet. If you submit an electronic hour NAAQS for ozone. Concurrently, Commonwealth of Pennsylvania has comment, EPA recommends that you Pennsylvania submitted a maintenance also submitted a 2002 base-year include your name and other contact plan for the Erie Area as a SIP revision inventory for the Erie Area, and EPA is information in the body of your to ensure continued attainment in the proposing to approve that inventory for comment and with any disk or CD-ROM Area over the next 11 years. PADEP also the Erie Area as a SIP revision. EPA is you submit. If EPA cannot read your submitted a 2002 base-year inventory also providing information on the status comment due to technical difficulties for the Erie Area as a SIP revision. The of its adequacy determination for the and cannot contact you for clarification, Erie Area is comprised of Erie County. motor vehicle emission budgets EPA may not be able to consider your It is currently designated a basic 8-hour (MVEBs) that are identified in the comment. Electronic files should avoid ozone nonattainment area. EPA is maintenance plan for the Erie Area for the use of special characters, any form proposing to determine that the Erie purposes of transportation conformity, of encryption, and be free of any defects Area has attained the 8-hour ozone and is also proposing to approve those or viruses. NAAQS and that it has met the MVEBs. EPA is proposing approval of Docket: All documents in the requirements for redesignation pursuant the redesignation request and of the electronic docket are listed in the to section 107(d)(3)(E) of the CAA. EPA maintenance plan and 2002 base-year www.regulations.gov index. Although is, therefore, proposing to approve the inventory SIP revisions in accordance listed in the index, some information is redesignation request to change the with the requirements of the CAA. not publicly available, i.e., CBI or other designation of the Erie Area from information whose disclosure is nonattainment to attainment for the DATES: Written comments must be 8-hour ozone NAAQS. EPA is also received on or before August 24, 2007. restricted by statute. Certain other material, such as copyrighted material, proposing to approve the Erie ADDRESSES: Submit your comments, is not placed on the Internet and will be maintenance plan as a SIP revision for identified by Docket ID Number EPA– publicly available only in hard copy the Area (such approval being one of the R03–OAR–2007–0476 by one of the form. Publicly available docket CAA criteria for redesignation to following methods: materials are available either attainment status). The maintenance A. http://www.regulations.gov. Follow electronically in www.regulations.gov or plan is designed to ensure continued the on-line instructions for submitting in hard copy during normal business attainment in the Erie Area for the next comments. hours at the Air Protection Division, 11 years. EPA is also proposing to B. E-mail: U.S. Environmental Protection Agency, approve the 2002 base-year inventory [email protected]. Region III, 1650 Arch Street, for the Erie Area as a SIP revision. C. Mail: EPA–R03–OAR–2007–0476, Philadelphia, Pennsylvania 19103. Additionally, EPA is announcing its Christopher Cripps, Acting Chief, Air Copies of the State submittal are action on the adequacy process for the Quality Planning Branch, Mailcode available at the Pennsylvania MVEBs identified in the Erie 3AP21, U.S. Environmental Protection Department of Environmental Protection maintenance plan, and proposing to Agency, Region III, 1650 Arch Street, Bureau of Air Quality Control, P.O. Box approve the MVEBs identified for Philadelphia, Pennsylvania 19103. 8468, 400 Market Street, Harrisburg, volatile organic compounds (VOCs) and D. Hand Delivery: At the previously- Pennsylvania 17105. nitrogen oxides (NOX) for the Erie Area listed EPA Region III address. Such for transportation conformity purposes. deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: Docket’s normal hours of operation, and Amy Caprio, (215) 814–2156, or by II. What Is the Background for These special arrangements should be made e-mail at [email protected]. Proposed Actions? for deliveries of boxed information. SUPPLEMENTARY INFORMATION: A. General Instructions: Direct your comments to Throughout this document whenever Docket ID No. EPA–R03–OAR–2007– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Ground-level ozone is not emitted 0476. EPA’s policy is that all comments EPA. directly by sources. Rather, emissions of received will be included in the public Table of Contents NOX and VOC react in the presence of docket without change, and may be I. What Are the Actions EPA Is Proposing To sunlight to form ground-level ozone. made available online at Take? The air pollutants NOX and VOC are www.regulations.gov, including any II. What Is the Background for These referred to as precursors of ozone. The personal information provided, unless Proposed Actions? CAA establishes a process for air quality

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management through the attainment and classification; (2) Section 185 penalty of 2004–2006, using complete, quality- maintenance of the NAAQS. fees for 1-hour severe or extreme assured data. Therefore, the ambient On July 18, 1997, EPA promulgated a nonattainment areas; (3) measures to be ozone data for the Erie Area indicates no revised 8-hour ozone standard of 0.08 implemented pursuant to section violations of the 8-hour ozone standard. parts per million (ppm). This new 172(c)(9) or 182(c)(9) of the Act, on the B. The Erie Area standard is more stringent than the contingency of an area not making previous 1-hour standard. EPA reasonable further progress toward The Erie Area consists of Erie County, designated, as nonattainment, any area attainment of the 1-hour NAAQS, or for Pennsylvania. Prior to its designation as violating the 8-hour ozone NAAQS failure to attain that NAAQS; and (4) an 8-hour ozone nonattainment area, the based on the air quality data for the certain transportation conformity Erie Area was a marginal 1-hour ozone three years of 2001–2003. These were requirements for certain types of federal nonattainment Area, and therefore, was the most recent three years of data at the actions. The June 8 decision clarified subject to requirements for marginal time EPA designated 8-hour areas. The that the Court’s reference to conformity nonattainment areas pursuant to section Erie Area was designated a basic 8-hour requirements was limited to requiring 182(a) of the CAA. See 56 FR 56694 ozone nonattainment area in a Federal the continued use of 1-hour motor (November 6, 1991). EPA determined Register notice signed on April 15, 2004 vehicle emissions budgets until 8-hour that the Erie Area has attained the 1- and published on April 30, 2004 (69 FR budgets were available for 8-hour hour ozone NAAQS by the November 23857), based on its exceedance of the conformity determinations. Elsewhere 15, 1993 attainment date (60 FR 3349, 8-hour health-based standard for ozone in this document, mainly in section January 17, 1995). during the years 2001–2003. VI.B. ‘‘The Erie Area Has Met All On April 24, 2007, the PADEP On April 30, 2004, EPA issued a final Applicable Requirements Under Section requested that the Erie Area be rule (69 FR 23951, 23996) to revoke the 110 and Part D of the CAA and Has a redesignated to attainment for the 8- 1-hour ozone NAAQS in the Erie Area Fully Approved SIP Under Section hour ozone standard. The redesignation (as well as most other areas of the 110(k) of the CAA,’’ EPA discusses its request included three years of country), effective June 15, 2005. See, 40 rationale why the decision in South complete, quality-assured data for the CFR 50.9(b); 69 FR at 23996 (April 30, Coast is not an impediment to period of 2004–2006, indicating that the 2004); 70 FR 44470 (August 3, 2005). redesignating the Erie Area to 8-hour NAAQS for ozone had been However, on December 22, 2006, the attainment of the 8-hour ozone NAAQS. achieved in the Erie Area. The data U.S. Court of Appeals for the District of The CAA, title I, Part D, contains two satisfies the CAA requirements that the Columbia Circuit vacated EPA’s Phase 1 sets of provisions—subpart 1 and 3-year average of the annual fourth- Implementation Rule for the 8-hour subpart 2—that address planning and highest daily maximum 8-hour average Ozone Standard (69 FR 23951, April 30, control requirements for nonattainment ozone concentration (commonly 2004). South Coast Air Quality areas. Subpart 1 (which EPA refers to as referred to as the area’s design value), Management Dist. v. EPA, 472 F.3d 882 ‘‘basic’’ nonattainment) contains (D.C. Cir. 2006) (hereafter ‘‘South must be less than or equal to 0.08 ppm general, less prescriptive requirements (i.e., 0.084 ppm when rounding is Coast’’). On June 8, 2007, in South Coast for nonattainment areas for any Air Quality Management Dist. v. EPA, considered). Under the CAA, a pollutant—including ozone—governed nonattainment area may be redesignated Docket No. 04–1201, in response to by a NAAQS. Subpart 2 (which EPA if sufficient complete, quality-assured several petitions for rehearing, the DC refers to as ‘‘classified’’ nonattainment) data is available to determine that the Circuit clarified that the Phase 1 Rule provides more specific requirements for area attained the standard and the area was vacated only with regard to those ozone nonattainment areas. In 2004, the meets the other CAA redesignation parts of the rule that had been Erie Area was classified a basic 8-hour requirements set forth in section successfully challenged. Therefore, the ozone nonattainment area based on air 107(d)(3)(E). Phase 1 Rule provisions related to quality monitoring data from 2001– classifications for areas currently 2003. Therefore, the Erie Area is subject III. What Are the Criteria for classified under subpart 2 of Title I, part to the requirements of subpart 1 of Part Redesignation to Attainment? D of the Act as 8-hour nonattainment D. areas, the 8-hour attainment dates and Under 40 CFR part 50, the 8-hour The CAA provides the requirements the timing for emissions reductions ozone standard is attained when the 3- for redesignating a nonattainment area needed for attainment of the 8-hour year average of the annual fourth- to attainment. Specifically, section ozone NAAQS remain effective. The highest daily maximum 8-hour average 107(d)(3)(E) of the CAA, allows for June 8 decision left intact the Court’s ambient air quality ozone redesignation, providing that: rejection of EPA’s reasons for concentrations is less than or equal to (1) EPA determines that the area has implementing the 8-hour standard in 0.08 ppm (i.e., 0.084 ppm when attained the applicable NAAQS; certain nonattainment areas under rounding is considered). See 69 FR (2) EPA has fully approved the Subpart 1 in lieu of subpart 2. By 23857 (April 30, 2004) for further applicable implementation plan for the limiting the vacatur, the Court let stand information. Ambient air quality area under section 110(k); EPA’s revocation of the 1-hour standard monitoring data for the 3-year period (3) EPA determines that the and those anti-backsliding provisions of must meet data completeness improvement in air quality is due to the Phase 1 Rule that had not been requirements. The data completeness permanent and enforceable reductions successfully challenged. The June 8 requirements are met when the average in emissions resulting from decision reaffirmed the December 22, percent of days with valid ambient implementation of the applicable SIP 2006 decision that EPA had improperly monitoring data is greater than 90 and applicable Federal air pollutant failed to retain four measures required percent, and no single year has less than control regulations and other permanent for 1-hour nonattainment areas under 75 percent data completeness as and enforceable reductions; the anti-backsliding provisions of the determined in Appendix I of 40 CFR (4) EPA has fully approved a regulations: (1) Nonattainment area New part 50. The ozone monitoring data maintenance plan for the area as Source Review (NSR) requirements indicates that the Erie Area has a design meeting the requirements of section based on an area’s 1-hour nonattainment value of 0.079 ppm for the 3-year period 175A; and

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(5) The State containing such area has • ‘‘Technical Support Documents IV. Why Is EPA Taking These Actions? met all requirements applicable to the (TSDs) for Redesignation Ozone and area under section 110 and Part D. Carbon Monoxide (CO) Nonattainment On April 24, 2007, the PADEP EPA provided guidance on Areas,’’ Memorandum from G.T. Helms, requested redesignation of the Erie Area redesignations in the General Preamble Chief, Ozone/Carbon Monoxide to attainment for the 8-hour ozone for the Implementation of Title I of the Programs Branch, August 17, 1993; standard. On April 24, 2007, PADEP CAA Amendments of 1990, on April 16, • ‘‘State Implementation Plan (SIP) submitted a maintenance plan for the 1992 (57 FR 13498), and supplemented Requirements for Areas Submitting Erie Area as a SIP revision, to ensure this guidance on April 28, 1992 (57 FR Requests for Redesignation to continued attainment of the 8-hour 18070). EPA has provided further Attainment of the Ozone and Carbon ozone NAAQS over the next 11 years, guidance on processing redesignation Monoxide (CO) National Ambient Air until 2018. PADEP also submitted a requests in the following documents: Quality Standards (NAAQS) on or after 2002 base-year inventory concurrently • ‘‘Ozone and Carbon Monoxide November 15, 1992,’’ Memorandum with its maintenance plan as a SIP Design Value Calculations,’’ from Michael H. Shapiro, Acting revision. EPA has determined that the Memorandum from Bill Laxton, June, Assistant Administrator for Air and Erie Area has attained the 8-hour ozone 18, 1990; Radiation, September 17, 1993; standard and has met the requirements • ‘‘Maintenance Plans for • Memorandum from D. Kent Berry, for redesignation set forth in section Redesignation of Ozone and Carbon Acting Director, Air Quality 107(d)(3)(E). Monoxide Nonattainment Areas,’’ Management Division, to Air Division V. What Would Be the Effect of These Memorandum from G.T. Helms, Chief, Directors, Regions 1–10, ‘‘Use of Actual Actions? Ozone/Carbon Monoxide Programs Emissions in Maintenance Branch, April 30, 1992; Demonstrations for Ozone and CO Approval of the redesignation request • ‘‘Contingency Measures for Ozone Nonattainment Areas,’’ dated November would change the official designation of and Carbon Monoxide (CO) 30, 1993; the Erie Area from nonattainment to Redesignations,’’ Memorandum from • ‘‘Part D New Source Review (Part D attainment for the 8-hour ozone NAAQS G.T. Helms, Chief, Ozone/Carbon NSR) Requirements for Areas found at 40 CFR part 81. It would also Monoxide Programs Branch, June 1, Requesting Redesignation to incorporate into the Pennsylvania SIP a 1992; Attainment,’’ Memorandum from Mary 2002 base-year inventory and a • ‘‘Procedures for Processing D. Nichols, Assistant Administrator for maintenance plan ensuring continued Requests to Redesignate Areas to Air and Radiation, October 14, 1994; attainment of the 8-hour ozone NAAQS Attainment,’’ Memorandum from John and in the Erie Area for the next 11 years, Calcagni, Director, Air Quality • ‘‘Reasonable Further Progress, until 2018. The maintenance plan Management Division, September 4, Attainment Demonstration, and Related includes contingency measures to 1992; Requirements for Ozone Nonattainment remedy any future violations of the 8- • ‘‘State Implementation Plan (SIP) Areas Meeting the Ozone National hour NAAQS (should they occur), and Actions Submitted in Response to Clean Ambient Air Quality Standard,’’ identifies the NOX and VOC MVEBs for Air Act (Act) Deadlines,’’ Memorandum Memorandum from John S. Seitz, transportation conformity purposes for from John Calcagni Director, Air Quality Director, Office of Air Quality Planning the years 2009 and 2018. These MVEBs Management Division, October 28, 1992; and Standards, May 10, 1995. are displayed in the following table:

TABLE 1.—ERIE COUNTY MOTOR VEHICLE EMISSIONS BUDGETS IN TONS PER SUMMER DAY (TPSD)

Year VOC NOX

2009 ...... 6.5 15.6 2018 ...... 4.0 6.7

VI. What Is EPA’s Analysis of the based on three complete, consecutive monitoring period required for Commonwealth’s Request? calendar years of quality-assured air demonstrating attainment. quality monitoring data. To attain this EPA is proposing to determine that In the Erie Area, there is one ozone the Erie Area has attained the 8-hour standard, the design value, which is the monitor, located in Erie County that ozone standard, and that all other 3-year average of the fourth-highest measures air quality with respect to redesignation criteria have been met. daily maximum 8-hour average ozone ozone. As part of its redesignation The following is a description of how concentrations measured at each request, Pennsylvania referenced ozone the PADEP’s April 24, 2007 submittal monitor, within the area, over each year monitoring data for the years 2004–2006 satisfies the requirements of section must not exceed the ozone standard of for the Erie Area. This data has been 107(d)(3)(E) of the CAA. 0.08 ppm. Based on the rounding quality assured and is recorded in the convention described in 40 CFR part 50, AQS. The PADEP uses the AQS as the A. The Erie Area Has Attained the 8- Appendix I, the standard is attained if Hour NAAQS permanent database to maintain its data the design value is 0.084 ppm or below. and quality assures the data transfers EPA is proposing to determine that The data must be collected and quality- and content for accuracy. The fourth- the Erie Area has attained the 8-hour assured in accordance with 40 CFR part high 8-hour daily maximum ozone NAAQS. For ozone, an area may 58, and recorded in the Air Quality concentrations, along with the three- be considered to be attaining the 8-hour System (AQS). The monitors generally year average are summarized in Table 2. ozone NAAQS if there are no violations, should have remained at the same as determined in accordance with 40 location for the duration of the CFR 50.10 and Appendix I of Part 50,

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TABLE 2.—ERIE AREA FOURTH HIGH- from John Calcagni, Director, Air implementation of part C requirements EST 8-HOUR AVERAGE VALUES ERIE Quality Management Division, (Prevention of Significant Deterioration September 4, 1992) describes EPA’s (PSD)); COUNTY MONITOR/AIRS ID 42– • 049–0003 interpretation of section 107(d)(3)(E) Provisions for the implementation with respect to the timing of applicable of Part D requirements for New Source requirements. Under this interpretation, Review (NSR) permit programs; Annual 4th • Year highest read- to qualify for redesignation, States Provisions for air pollution ing (ppm) requesting redesignation to attainment modeling; and must meet only the relevant CAA • Provisions for public and local 2004 ...... 0.074 requirements that came due prior to the agency participation in planning and 2005 ...... 0.086 emission control rule development. 2006 ...... 0.077 submittal of a complete redesignation request. See also, Michael Shapiro Section 110(a)(2)(D) requires that SIPs The average for the 3-year period 2004– memorandum, September 17, 1993, and contain certain measures to prevent 2006 is 0.079 ppm. 60 FR 12459, 12465–12466 (March 7, sources in a state from significantly The air quality data for 2004–2006 1995) (redesignation of Detroit-Ann contributing to air quality problems in show that the Erie Area has attained the Arbor). Applicable requirements of the another State. To implement this standard with a design value of 0.079 CAA that come due subsequent to the provision, EPA has required certain ppm. The data collected at the Erie Area area’s submittal of a complete states to establish programs to address monitor satisfies the CAA requirement redesignation request remain applicable transport of air pollutants in accordance that the 3-year average of the annual until a redesignation is approved, but with the NOX SIP Call, October 27, 1998 fourth-highest daily maximum 8-hour are not required as a prerequisite to (63 FR 57356), amendments to the NOX average ozone concentration is less than redesignation. Section 175A(c) of the SIP Call, May 14, 1999 (64 FR 26298) or equal to 0.08 ppm. The PADEP’s CAA. Sierra Club v. EPA, 375 F.3d 537 and March 2, 2000 (65 FR 11222), and request for redesignation for the Erie (7th Cir. 2004). See also, 68 FR at 25424, the Clean Air Interstate Rule (CAIR), Area indicates that the data is complete 25427 (May 12, 2003) (redesignation of May 12, 2005 (70 FR 25162). However, and was quality assured in accordance St. Louis). the section 110(a)(2)(D) requirements for with 40 CFR part 58. In addition, as This section sets forth EPA’s views on a State are not linked with a particular discussed below with respect to the the potential effect of the Court’s rulings nonattainment area’s designation and maintenance plan, PADEP has on this proposed redesignation action. classification in that State. EPA believes committed to continue monitoring in For the reasons set forth below, EPA that the requirements linked with a accordance with 40 CFR part 58. In does not believe that the Court’s rulings particular nonattainment area’s summary, EPA has determined that the alter any requirements relevant to this designation and classifications are the data submitted by Pennsylvania and redesignation action so as to preclude relevant measures to evaluate in data taken from AQS indicate that the redesignation, and do not prevent EPA reviewing a redesignation request. The Area has attained the 8-hour ozone from proposing or ultimately finalizing transport SIP submittal requirements, NAAQS. this redesignation. EPA believes that the where applicable, continue to apply to Court’s December 22, 2006 and June 8, a state regardless of the designation of B. The Erie Area Has Met All Applicable 2007 decisions impose no impediment any one particular area in the State. Requirements Under Section 110 and to moving forward with redesignation of Thus, we do not believe that these Part D of the CAA and Has a Fully this area to attainment, because even in requirements are applicable Approved SIP Under Section 110(k) of light of the Court’s decisions, requirements for purposes of the CAA redesignation is appropriate under the redesignation. EPA has determined that the Erie relevant redesignation provisions of the In addition, EPA believes that the Area has met all SIP requirements Act and longstanding policies regarding other section 110 elements not applicable for purposes of this redesignation requests. connected with nonattainment plan redesignation under section 110 of the submissions and not linked with an CAA (General SIP Requirements) and 1. Section 110 General SIP area’s attainment status are not that it meets all applicable SIP Requirements applicable requirements for purposes of requirements under Part D of Title I of Section 110(a)(2) of Title I of the CAA redesignation. The Erie Area will still be the CAA, in accordance with section delineates the general requirements for subject to these requirements after it is 107(d)(3)(E)(v). In addition, EPA has a SIP, which includes enforceable redesignated. The section 110 and Part determined that the SIP is fully emissions limitations and other control D requirements which are linked with a approved with respect to all measures, means, or techniques, particular area’s designation and requirements applicable for purposes of provisions for the establishment and classification are the relevant measures redesignation in accordance with operation of appropriate devices to evaluate in reviewing a redesignation section 107(d)(3)(E)(ii). In making these necessary to collect data on ambient air request. This policy is consistent with proposed determinations, EPA quality, and programs to enforce the EPA’s existing policy on applicability of ascertained which requirements are limitations. The general SIP elements conformity (i.e., for redesignations) and applicable to the Erie Area and and requirements set forth in section oxygenated fuels requirement. See determined that the applicable portions 110(a)(2) include, but are not limited to Reading, Pennsylvania, proposed and of the SIP meeting these requirements the following: final rulemakings (61 FR 53174, October are fully approved under section 110(k) • Submittal of a SIP that has been 10, 1996), (62 FR 24826, May 7, 1997); of the CAA. We note that SIPs must be adopted by the State after reasonable Cleveland-Akron-Lorain, Ohio final fully approved only with respect to public notice and hearing; rulemaking (61 FR 20458, May 7, 1996); applicable requirements. • Provisions for establishment and and Tampa, Florida, final rulemaking The September 4, 1992 Calcagni operation of appropriate procedures (60 FR 62748, December 7, 1995). See memorandum (‘‘Procedures for needed to monitor ambient air quality; also, the discussion on this issue in the Processing Requests to Redesignate • Implementation of a source permit Cincinnati redesignation (65 FR at Areas to Attainment,’’ Memorandum program; provisions for the 37890, June 19, 2000), and in the

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Pittsburgh redesignation (66 FR at submittal of a complete redesignation codified at 40 CFR 52.2020; 60 FR 2881, 53099, October 19, 2001). Similarly, request. See September 4, 1992 Calcagni January 12, 1995. With respect to the with respect to the NOX SIP Call rules, memorandum (‘‘Procedures for base-year inventory requirement, in this EPA noted in its Phase 1 Final Rule to Processing Requests to Redesignate notice of proposed rulemaking, EPA is Implement the 8-hour Ozone NAAQS, Areas to Attainment,’’ Memorandum proposing to approve the 2002 base-year that the NOX SIP Call rules are not ‘‘an’’ from John Calcagni, Director, Air inventory for the Erie Area, which was ‘applicable requirement’ for purposes of Quality Management Division). See submitted on April 24, 2007, section 110(1) because the NOX rules also, Michael Shapiro Memorandum, concurrently with its maintenance plan, apply regardless of an area’s attainment September 17, 1993, and 60 FR 12459, into the Pennsylvania SIP. EPA is or nonattainment status for the 8-hour 12465–12466 (March 7, 1995) proposing to approve the 2002 base-year (or the 1-hour) NAAQS.’’ 69 FR 23951, (Redesignation of Detroit-Ann Arbor); inventory as fulfilling the requirements, 23983 (April 30, 2004). Sierra Club v. EPA, 375 F.3d 537 (7th if necessary, of both section 182(a)(1) EPA believes that section 110 Cir. 2004), which upheld this and section 172(c)(3) of the CAA. A elements not linked to the area’s interpretation. See 68 FR 25418, 25424, detailed evaluation of Pennsylvania’s nonattainment status are not applicable 25427 (May 12, 2003) (Redesignation of 2002 base-year inventory for the Erie for purposes of redesignation. As we St. Louis). Area can be found in a Technical explain later in this notice, no Part D Moreover, it would be inequitable to Support Document (TSD) prepared by requirements applicable for purposes of retroactively apply any new SIP EPA for this rulemaking. EPA has redesignation under the 8-hour standard requirements that were not applicable at determined that the emission inventory became due for the Erie Area prior to the time the request was submitted. The and emissions statement requirements submission of the redesignation request D.C. Circuit has recognized the inequity for the Erie Area have been satisfied. in such retroactive rulemaking, See, In addition to the fact that Part D 2. Part D Nonattainment Requirements Sierra Club v. Whitman, 285 F. 3d 63 requirements applicable for purposes of Under the 8-Hour Standard (D.C. Cir. 2002), in which the DC Circuit redesignation did not become due prior Pursuant to an April 30, 2004, final upheld a District Court’s ruling refusing to submission of the redesignation rule (69 FR 23951), the Erie Area was to make retroactive an EPA request, EPA believes that the general designated a basic nonattainment area determination of nonattainment that conformity and NSR requirements do under subpart 1 for the 8-hour ozone was past the statutory due date. Such a not require approval prior to standard. Sections 172–176 of the CAA, determination would have resulted in redesignation. found in subpart 1 of Part D, set forth the imposition of additional With respect to section 176, the basic nonattainment requirements requirements on the area. The Court Conformity Requirements, section applicable to all nonattainment areas. stated: ‘‘Although EPA failed to make 176(c) of the CAA requires states to Section 182 of the CAA, found in the nonattainment determination within establish criteria and procedures to subpart 2 of Part D, establishes the statutory time frame, Sierra Club’s ensure that Federally supported or additional specific requirements proposed solution only makes the funded projects conform to the air depending on the area’s nonattainment situation worse. Retroactive relief would quality planning goals in the applicable classification. likely impose large costs on the States, SIP. The requirement to determine With respect to the 8-hour standard, which would face fines and suits for not conformity applies to transportation the court’s ruling rejected EPA’s reasons implementing air pollution prevention plans, programs, and projects for classifying areas under subpart 1 for plans in 1997, even though they were developed, funded or approved under the 8-hour standard, and remanded that not on notice at the time.’’ Id. at 68. Title 23 U.S.C. and the Federal Transit matter to the Agency. Consequently, it Similarly here it would be unfair to Act (‘‘transportation conformity’’) as is possible that this area could, during penalize the area by applying to it for well as to all other Federally supported a remand to EPA, be reclassified under purposes of redesignation additional SIP or funded projects (‘‘general subpart 2. Although any future decision requirements under subpart 2 that were conformity’’). State conformity revisions by EPA to classify this area under not in effect at the time it submitted its must be consistent with Federal subpart 2 might trigger additional future redesignation request. conformity regulations relating to requirements for the area, EPA believes With respect to 8-hour subpart 2 consultation, enforcement and that this does not mean that requirements, if the Erie Area initially enforceability that the CAA required the redesignation of the area cannot now go had been classified under subpart 2, the EPA to promulgate. EPA believes it is forward. This belief is based upon (1) first two Part D subpart 2 requirements reasonable to interpret the conformity EPA’s longstanding policy of evaluating applicable to the Erie Area under SIP requirements as not applying for redesignation requests in accordance section 182(a) of the CAA would be: a purposes of evaluating the redesignation with the requirements due at the time base-year inventory requirement request under section 107(d) since State the request is submitted; and, (2) pursuant to section 182(a)(1) of the conformity rules are still required after consideration of the inequity of CAA, and, the emissions statement redesignation and Federal conformity applying retroactively any requirements requirement pursuant to section rules apply where State rules have not that might in the future be applied. 182(a)(3)(B). been approved. See, Wall v. EPA, 265 F. First, at the time the redesignation As stated previously, these 3d 426, 438–440 (6th Cir. 2001), request was submitted, the Erie Area requirements are not yet due for upholding this interpretation. See also, was classified under subpart 1 and was purposes of redesignation of the Erie 60 FR 62748 (December 7, 1995). obligated to meet only subpart 1 Area, but nevertheless, Pennsylvania In the case of the Erie Area, EPA has requirements. Under EPA’s already has in its approved SIP, an also determined that before being longstanding interpretation of section emissions statement rule for the 1-hour redesignated, the Erie Area need not 107(d)(3)(E) of the Clean Air Act, to standard that covers all portions of the comply with the requirement that a NSR qualify for redesignation, states designated 8-hour nonattainment area program be approved prior to requesting redesignation to attainment and, that satisfies the emissions redesignation. EPA has determined that must meet only the relevant SIP statement requirement for the 8-hour areas being redesignated need not requirements that came due prior to the standard. See, 25 Pa. Code 135.21(a)(1), comply with the requirement that a NSR

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program be approved prior to requirements, see 40 CFR 51.900, et limited to RACT and I/M programs redesignation, provided that the area seq.; 70 FR 30592, 30604 (May 26, 2005) specified in section 182(a) of the CAA demonstrates maintenance of the which apply by virtue of the area’s and are discussed in the following standard without Part D NSR in effect. classification for the 1-hour ozone paragraphs: The rationale for this position is NAAQS. As set forth in more detail Section 182(a)(2)(A) required SIP described in a memorandum from Mary below, the area must also address four revisions to correct or amend RACT for Nichols, Assistant Administrator for Air additional anti-backsliding provisions sources in marginal areas, such as the and Radiation, dated October 14, 1994, identified by the Court in its decisions. Erie Area, that were subject to control entitled, ‘‘Part D NSR Requirements or The anti-backsliding provisions at 40 technique guidelines (CTGs) issued Areas Requesting Redesignation to CFR 51.905(a)(1) prescribe 1-hour ozone before November 15, 1990 pursuant to Attainment.’’ Normally, State’s NAAQS requirements that continue to CAA section 108. On December 22, Prevention of Significant Deterioration apply after revocation of the 1-hour 1994, EPA fully approved into the (PSD) program will become effective in ozone NAAQS to former 1-hour ozone Pennsylvania SIP all corrections the area immediately upon nonattainment areas. Section required under section 182(a)(2)(A) of redesignation to attainment. See the 51.905(a)(1)(i) provides that: the CAA (59 FR 65971, December 22, more detailed explanations in the The area remains subject to the 1994). EPA believes that this following redesignation rulemakings: obligation to adopt and implement the requirement applies only to marginal Detroit, MI (60 FR 12467–12468, March applicable requirements as defined in and higher classified areas under the 1- 7, 1995); Cleveland-Akron-Lorrain, OH § 51.900(f), except as provided in hour NAAQS pursuant to the 1990 (61 FR 20458, 20469–20470, May 7, paragraph (a)(1)(iii) of paragraph (b) of amendments to the CAA; therefore, this 1996); Louisville, KY (66 FR 53665, this section. * * * is a one-time requirement. After an area 53669, October 23, 2001); Grand Rapids, Section 51.900(f), as amended by 70 has fulfilled the section 182(a)(2)(A) MI (61 FR 31831, 31836–31837, June 21, FR 30592, 30604 (May 26, 2005), states requirement for the 1-hour NAAQS, 1996). In the case of the Erie Area the that: Applicable requirements means for there is no requirement under the 8- Chapter 127 Part D NSR regulations in an area the following requirements to hour NAAQS. the Pennsylvania SIP (codified at 40 the extent such requirements applied to Section 182(a)(2)(B) relates to the CFR 52.2020(c)(1)) explicitly apply the the area for the area’s classification savings clause for vehicle inspection requirements for NSR in section 184 of under section 181(a)(1) of the CAA for and maintenance (I/M). It requires the CAA to ozone attainment areas the 1-hour NAAQS at the time of marginal areas to adopt vehicle I/M within the OTR. The OTR NSR designation for the 8-hour NAAQS. programs. This provision was not requirements are more stringent than (1) Reasonably available control applicable to the Erie Area because this that required for a marginal or basic technology (RACT). area did not have and was not required ozone nonattainment area. On October (2) Inspection and maintenance to have an I/M program before 19, 2001 (66 FR 53094), EPA fully programs (I/M). November 15, 1990. approved Pennsylvania’s NSR SIP (3) Major source applicability cut-offs In addition the Court held that EPA revision consisting of Pennsylvania’s for purposes of RACT. should have retained four additional Chapter 127 Part D NSR regulations that (4) Rate of Progress (ROP) reductions. measures in its anti-backsliding cover the Erie Area. (5) Stage II vapor recovery. provisions: (1) Nonattainment area NSR; EPA has also interpreted the section (6) Clean fuels fleet program under (2) Section 185 penalty fees; (3) 184 OTR requirements, including the section 183(c)(4) of the CAA. contingency measures under section NSR program, as not being applicable (7) Clean fuels for boilers under 172(c)(9) or 182(c)(9) of the Act; and (4) for purposes of redesignation. The section 182(e)(3) of the CAA. 1-hour motor vehicle emission budgets rationale for this is based on two (8) Transportation Control Measures that were yet not replaced by 8-hour considerations. First, the requirement to (TCMs) during heavy traffic hours as emissions budgets. These requirements submit SIP revisions for the section 184 provided section 182(e)(4) of the CAA. are addressed below: requirements continues to apply to areas (9) Enhanced (ambient) monitoring With respect to NSR, EPA has in the OTR after redesignation to under section 182(c)(1) of the CAA. determined that areas being attainment. Therefore, the State remains (10) Transportation control measures redesignated need not have an approved obligated to have NSR, as well as RACT, (TCMs) under section 182(c)(5) of the nonattainment New Source Review and Vehicle Inspection and CAA. program, for the same reasons discussed Maintenance programs even after (11) Vehicle miles traveled (VMT) previously with respect to the redesignation. Second, the section 184 provisions of section 182(d)(1) of the applicable Part D requirement for the 8- control measures are region-wide CAA. hour standard. requirements and do not apply to the (12) NOX requirements under section The section 185 penalty fee Erie Area by virtue of the Area’s 182(f) of the CAA. requirement applies only to severe and designation and classification. See 61 (13) Attainment demonstration or extreme nonattainment areas, and was FR 53174, 53175–53176 (October 10, alternative as provided under section never applicable in the Erie 1-hour 1996) and 62 FR 24826, 24830–24832 51.905(a)(1)(ii). marginal nonattainment area. (May 7, 1997). Pursuant to 40 CFR 51.905(c), the With respect to the requirement for Area is subject to the obligations set submission of contingency measures for 3. Part D Nonattainment Area forth in 51.905(a) and 51.900(f). the 1-hour standard, section 182(a) does Requirements Under the 1-Hour Prior to its designation as an 8-hour not require contingency measures for Standard ozone nonattainment area, the Erie Area marginal areas. In its June 8, 2007 decision the Court was designated a marginal The conformity portion of the Court’s limited its vacatur so as to uphold those nonattainment area for the 1-hour ruling does not impact the redesignation provisions of the anti-backsliding standard. With respect to the 1-hour request for the Erie Area except to the requirements that were not successfully standard, the applicable requirements extent that the Court in its June 8 challenged. Therefore the Area must under the anti-backsliding provisions at decision clarified that for those areas meet the federal anti-backsliding 40 CFR 51.905(a)(1) for the Erie Area are with 1-hour MVEBs, anti-backsliding

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requires that those 1-hour budgets must maintenance, and Stage II vapor 5. Erie Has a Fully Approved SIP for be used for 8-hour conformity recovery or a comparable measure. Purposes of Redesignation determinations until replaced by 8-hour In the case of the Erie Area, which is EPA has fully approved the budgets. There are no applicable 1-hour located in the OTR, nonattainment NSR Pennsylvania SIP for the purposes of MVEBs for the Erie Area. (As discussed will continue to be applicable after this redesignation. EPA may rely on elsewhere in this document, EPA is redesignation. On October 19, 2001, prior SIP approvals in approving a proposing to approve 8-hour MVEBs for EPA approved the 1-hour NSR SIP redesignation request. Calcagni Memo, the Erie Area.) To meet this revision for the area. See 66 FR 53094 p.3; Southwestern Pennsylvania Growth requirement, conformity determinations (October 19, 2001). Alliance v. Browner, 144 F. 3d 984, 989– in such areas must comply with the EPA has also interpreted the section 90 (6th Cir. 1998), Wall v. EPA, 265 F. applicable requirements of EPA’s 184 OTR requirements, including NSR, 3d 426 (6th Cir. 2001), plus any conformity regulations at 40 CFR part as not being applicable for purposes of additional measures it may approve in 93. The court clarified that 1-hour redesignation. Reading, PA conjunction with a redesignation action. conformity determinations are not Redesignation, 61 FR 53174, (October See, 68 FR at 25425 (May 12, 2003) and required for anti-backsliding purposes. 10, 1996), 62 FR 24826 (May 7, 1997). citations therein. Thus EPA has concluded that the Erie The rationale for this is based on two considerations. First, the requirement to C. The Air Quality Improvement in the Area has met all requirements submit SIP revisions for the section 184 Erie Area Is Due to Permanent and applicable for redesignation under the requirements continues to apply to areas Enforceable Reductions in Emissions 1-hour standard. in the OTR after redesignation to Resulting From Implementation of the SIP and Applicable Federal Air 4. Transport Region Requirements attainment. Therefore, the State remains obligated to have NSR, as well as RACT, Pollution Control Regulations and Other All areas in the Ozone Transport and I/M even after redesignation. Permanent and Enforceable Reductions Region (OTR), both attainment and Second, the section 184 control EPA believes that the Commonwealth nonattainment, are subject to additional measures are region-wide requirements has demonstrated that the observed air control requirements under section 184 and do not apply to the area by virtue quality improvement in the Erie Area is for the purpose of reducing interstate of the area’s nonattainment designation due to permanent and enforceable transport of emissions that may and classification, and thus are properly reductions in emissions resulting from contribute to downwind ozone considered not relevant to an action implementation of the SIP, Federal nonattainment. The section 184 changing an area’s designation. See 61 measures, and other State-adopted requirements include reasonably FR 53174, 53175–53176 (October 10, measures. Emissions reductions available control technology (RACT), 1996) and 62 FR 24826, 24830–24832 attributable to these rules are shown in NSR, enhanced vehicle inspection and (May 7, 1997). Table 3.

TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR 2002 AND 2004 IN TONS PER SUMMER DDAY (TPSD)

Year Point * Area Nonroad Mobile Total

Volatile Organic Compounds (VOC)

2002 ...... 1.4 25.1 8.7 11.1 46.3 2004 ...... 1.6 25.2 8.5 9.4 44.7 Diff. (02–04) ...... +0.2 +0.1 ¥0.2 ¥1.7 ¥1.6

Nitrogen Oxides (NOX)

2002 ...... 4.0 2.1 10.9 25.3 42.3 2004 ...... 3.1 2.1 10.5 22.4 38.1 Diff (02–04) ...... ¥0.9 0.0 ¥0.4 ¥2.9 ¥4.2

* The stationary point source emissions shown here do not include banked emission credits of 4.1 tpd of VOC and 361.8 tpd of NOX as indi- cated in Technical Appendix A–4 to Pennsylvania’s SIP submission.

Between 2002 and 2004, VOC Portable Fuel Containers (69 FR 70893, Vehicle Emission Inspection/ emissions decreased by 1.6 tpsd from December 8, 2004) Maintenance Program (70 FR 58313, 46.3 tpsd to 44.7 tpsd; NO emissions X 3. Highway Vehicle Sources October 6, 2005) decreased by 4.2 tpsd from 42.3 tpsd to 38.1 tpsd. These reductions, and Federal Motor Vehicle Control Programs 4. Non-Road Sources anticipated future reductions, are due to (FMVCP) Non-road Diesel (69 FR 38958, June 29, the following permanent and —Tier 1 (56 FR 25724, June 5, 1991) 2004) enforceable measures. —Tier 2 (65 FR 6698, February 10, 2000) EPA believes that permanent and 1. Stationary Point Sources enforceable emissions reductions are the Heavy-duty Engine and Vehicle cause of the long-term improvement in Federal NOX SIP Call (66 FR 43795, Standards (62 FR 54694, October August 21, 2001) 21, 1997, and 65 FR 59896, October ozone levels and are the cause of the 6, 2000) Area achieving attainment of the 8-hour 2. Stationary Area Sources ozone standard. National Low Emission Vehicle (NLEV) Solvent Cleaning (68 FR 2206, January Program (PA) (64 FR 72564, 16, 2003) December 28, 1999)

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D. The Erie Area Has a Fully (e) A contingency plan. NONROAD model calculates emissions Approvable Maintenance Plan Pursuant for diesel, gasoline, liquefied petroleum Analysis of the Erie Area Maintenance to Section 175A of the CAA gasoline, and compressed natural gas- Plan In conjunction with its request to fueled non-road equipment types and redesignate the Erie Area to attainment (a) Attainment inventory—An includes growth factors. The NONROAD status, Pennsylvania submitted a SIP attainment inventory includes the model does not estimate emissions from revision to provide for maintenance of emissions during the time period locomotives or aircraft. For 2002 and the 8-hour ozone NAAQS in the Area associated with the monitoring data 2004 locomotive emissions, the PADEP for at least 11 years after redesignation. showing attainment. PADEP determined projected emissions from a 1999 survey The Commonwealth is requesting that that the appropriate attainment using national fuel consumption EPA approve this SIP revision as inventory year is 2004. That year information and EPA emission and meeting the requirement of CAA 175A. establishes a reasonable year within the conversion factors. There are no Once approved, the maintenance plan three-year block of 2004–2006 as a significant commercial aircraft for the 8-hour ozone NAAQS will baseline and accounts for reductions operations (aircraft that can seat over 60 ensure that the SIP for the Erie Area attributable to implementation of the passengers) in Erie County. The Erie meets the requirements of the CAA CAA requirements to date. The 2004 Airport in Erie County supports some regarding maintenance of the applicable inventory is consistent with EPA air taxi operations that account for a 8-hour ozone standard. guidance and is based on actual ‘‘typical very small amount of emissions. For summer day’’ emissions of VOC and 2002 and 2004 aircraft emissions, What Is Required in a Maintenance NOX during 2004 and consists of a list PADEP estimated emissions using small Plan? of sources and their associated airport operations statistics from http:// Section 175 of the CAA sets forth the emissions. www.airnav.com, and emission factors elements of a maintenance plan for The 2002 and 2004 point source data and operational characteristics in the areas seeking redesignation from was compiled from actual sources. EPA-approved model, Emissions and nonattainment to attainment. Under Pennsylvania requires owners and Dispersion Modeling System (EDMS). section 175A, the plan must operators of larger facilities to submit More detailed information on the demonstrate continued attainment of annual production figures and emission compilation of the 2002, 2004, 2009, the applicable NAAQS for at least 10 calculations each year. Throughput data and 2018 inventories can be found in years after approval of a redesignation of are multiplied by emission factors from the Technical Appendices, which are an area to attainment. Eight years after Factor Information Retrieval (FIRE) Data part of the April 24, 2007 state the redesignation, the Commonwealth Systems and EPA’s publication series submittal. must submit a revised maintenance plan AP–42, and are based on Source Classification Codes (SCC). The 2002 (b) Maintenance Demonstration—On demonstrating that attainment will April 24, 2007, the PADEP submitted a continue to be maintained for the 10 area source data was compiled using county-level activity data, from census maintenance plan as required by section years following the initial 10-year 175A of the CAA. The Erie Area period. To address the possibility of numbers, from county numbers, etc. The 2004 area source data was projected maintenance plan shows maintenance future NAAQS violations, the of the 8-hour ozone NAAQS by maintenance plan must contain such from the 2002 inventory using temporal allocations provided by the Mid- demonstrating that current and future contingency measures, with a schedule emissions of VOC and NO remain at or for implementation, as EPA deems Atlantic Regional Air Management X Association (MARAMA). below the attainment year 2004 necessary to assure prompt correction of emissions levels throughout the Erie any future 8-hour ozone violations. The on-road mobile source inventories for 2002 and 2004 were Area through the year 2018. A Section 175A of the CAA sets forth the maintenance demonstration need not be elements of a maintenance plan for compiled using MOBILE6.2 and Pennsylvania Department of based on modeling. See, Wall v. EPA, areas seeking redesignation from supra; Sierra Club v. EPA, supra. See nonattainment to attainment. The Transportation (PENNDOT) estimates for VMT. The PADEP has provided also, 66 FR at 53099–53100; 68 FR at Calcagni memorandum dated September 25430–25432. 4, 1992, provides additional guidance detailed data summaries to document on the content of a maintenance plan. the calculations of mobile on-road VOC Tables 4 and 5 specify the VOC and An ozone maintenance plan should and NOX emissions for 2002, as well as NOX emissions for the Erie Area for address the following provisions: for the projection years of 2004, 2009, 2004, 2009, and 2018. The PADEP chose (a) An attainment emissions and 2018 (shown in Tables 5 and 6 2009 as an interim year in the inventory; below). maintenance demonstration period to (b) A maintenance demonstration; The 2002 and 2004 emissions for the demonstrate that the VOC and NOX (c) A monitoring network; majority of non-road emission source emissions are not projected to increase (d) Verification of continued categories were estimated using the EPA above the 2004 attainment level during attainment; and NONROAD 2005 model. The the time of the maintenance period.

TABLE 4.—TOTAL VOC EMISSIONS FOR 2004–2018 (TPSD)

2004 VOC 2009 VOC 2018 VOC Source category emissions emissions emissions

Point ...... 1.6 1.4 1.8 Area ...... 25.2 25.5 29.1 Mobile ...... 9.4 6.9 4.5 Nonroad ...... 8.5 7.2 5.9

Total ...... 44.7 41.0 41.3

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TABLE 5.—TOTAL NOX EMISSIONS FOR 2004–2018 (TPSD)

2004 NOX 2009 NOX 2018 NOX Source category emissions emissions emissions

Point ...... 3.1 4.5 5.0 Area ...... 2.1 2.2 7.3 Mobile ...... 22.4 16.1 7.3 Non-road ...... 10.5 9.1 7.4

Total ...... 38.1 31.9 21.9

Additionally, the following programs quality and emissions data during the projects VOC and NOX emissions to are either effective or due to become maintenance period. The decrease and stay below 2004 levels effective and will further contribute to Commonwealth will perform an annual through the year 2018. The the maintenance demonstration of the 8- evaluation of Vehicle Miles Traveled Commonwealth’s maintenance plan hour ozone NAAQS: (VMT) data and emissions reported from outlines the procedures for the adoption • The Clean Air Interstate Rule stationary sources, and compare them to and implementation of contingency (CAIR) (71 FR 25328, April 28, 2006). the assumptions about these factors measures to further reduce emissions • The Federal NOX SIP Call (66 FR used in the maintenance plan. The should a violation occur. 43795, August 21, 2001). Commonwealth will also evaluate the Contingency measures will be • Area VOC regulations concerning periodic (every three years) emission considered if for two consecutive years portable fuel containers (69 FR 70893, inventories prepared under EPA’s the fourth highest 8-hour ozone December 8, 2004), consumer products Consolidated Emission Reporting concentrations at the Erie County (69 FR 70895, December 8, 2004), and Regulation (40 CFR part 51, subpart A) monitor are above 84 ppb. If this trigger architectural and industrial to see if they exceed the attainment year point occurs, the Commonwealth will maintenance coatings (AIM) (69 FR inventory (2004) by more than 10 evaluate whether additional local 68080, November 23, 2004). percent. The PADEP will also continue emission control measures should be • Federal Motor Vehicle Control to operate the existing ozone monitoring implemented in order to prevent a Programs (light-duty ) (Tier 1, Tier 2; 56 station in the Area pursuant to 40 CFR violation of the air quality standard. FR 25724, June 5, 1991; 65 FR 6698, part 58 throughout the maintenance PADEP will also analyze the conditions February 10, 2000). period and submit quality-assured leading to the excessive ozone levels • Vehicle emission/inspection/ ozone data to EPA through the AQS and evaluate which measures might be maintenance program (70 FR 58313, system. Section 175A(b) of the CAA most effective in correcting the October 6, 2005) states that eight years following excessive ozone levels. PADEP will also • Heavy duty diesel on-road (2004/ redesignation of the Erie Area, PADEP analyze the potential emissions effect of 2007) and low sulfur on-road (2006); 66 will be required to submit a second Federal, state, and local measures that FR 5002, (January 18, 2001). maintenance plan that will ensure have been adopted but not yet • Non-road emission standards (2008) attainment through 2028. PADEP has implemented at the time the excessive and off-road diesel fuel 2007/2010); 69 made that commitment to meet the ozone levels occurred. PADEP will then FR 38958 (June 29, 2004). requirement section 175A(b). begin the process of implementing any • NLEV/PA Clean Vehicle Program (e) The Maintenance Plan’s selected measures. (54 FR 72564, December 28, 1999)— Contingency Measures—The Contingency measures will also be Pennsylvania will implement this contingency plan provisions are considered in the event that a violation program in car model year 2008 and designed to promptly correct a violation of the 8-hour ozone standard occurs at beyond. of the NAAQS that occurs after the Erie County, Pennsylvania monitor. • Pennsylvania Heavy-Duty Diesel redesignation. Section 175A of the CAA In the event of a violation of the 8-hour Emissions Control Program. (May 10, requires that a maintenance plan ozone standard, PADEP will adopt 2002). include such contingency measures as additional emissions reduction Based on the comparison of the EPA deems necessary to ensure that the measures as expeditiously as practicable projected emissions and the attainment Commonwealth will promptly correct a in accordance with the implementation year emissions along with the additional violation of the NAAQS that occurs after schedule listed later in this notice and measures, EPA concludes that PADEP redesignation. The maintenance plan in the Pennsylvania Air Pollution has successfully demonstrated that the should identify the events that would Control Act in order to return the Area 8-hour ozone standard should be ‘‘trigger’’ the adoption and to attainment with the standard. maintained in the Erie Area. implementation of a contingency Contingency measures to be considered (c) Monitoring Network—There is measure(s), the contingency measure(s) for the Erie Area will include, but not currently one monitor measuring ozone that would be adopted and be limited to the following: Regulatory measures: in the Erie Area. PADEP will continue implemented, and the schedule to operate its current air quality monitor indicating the time frame by which the —Additional controls on consumer (located in Erie County), in accordance state would adopt and implement the products. —Additional controls on portable fuel with 40 CFR part 58. measure(s). (d) Verification of Continued The ability of the Erie Area to stay in containers. Attainment—In addition to maintaining compliance with the 8-hour ozone Non-Regulatory measures: the key elements of its regulatory standard after redesignation depends —Voluntary diesel engine ‘‘chip program, the Commonwealth will track upon VOC and NOX emissions in the reflash’’ (installation software to the attainment status of the ozone Area remaining at or below 2004 levels. correct the defeat device option on NAAQs in the Area by reviewing air The Commonwealth’s maintenance plan certain heavy-duty diesel engines).

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—Diesel retrofit, including replacement, in control strategy SIPs and Decision and Additional Rule Change’’ repowering or alternative fuel use, for maintenance plans. on July 1, 2004 (69 FR 40004). EPA public or private local on-road or off- Under section 176(c) of the CAA, new consults this guidance and follows this road fleets. transportation projects, such as the rulemaking in making its adequacy —Idling reduction technology for Class construction of new highways, must determinations. 2 yard locomotives. ‘‘conform’’ to (i.e., be consistent with) The MVEBS for the Erie Area are —Idling reduction technologies or the part of the State’s air quality plan listed in Table 1 of this document for strategies for truck stops, warehouses that addresses pollution from cars and 2009 and 2018, and are the projected and other freight-handling facilities. trucks. ‘‘Conformity’’ to the SIP means emissions for the on-road mobile that transportation activities will not —Accelerated turnover of lawn and sources plus any portion of the safety cause new air quality violations, worsen garden equipment, especially margin allocated to the MVEBs (safety existing violations, or delay timely commercial equipment, including margin allocation for 2009 and 2018 attainment of or reasonable progress promotion of electric equipment. only). These emission budgets, when towards the NAAQS. If a transportation approved by EPA, must be used for —Additional promotion of alternative plan does not ‘‘conform,’’ most new fuel (e.g., biodiesel) for home heating transportation conformity projects that would expand the capacity determinations. and agricultural use. of roadways cannot go forward. The plan lays out a process to have Regulations at 40 CFR part 93 set forth B. What Is a Safety Margin? any regulatory contingency measures in EPA policy, criteria, and procedures for A ‘‘safety margin’’ is the difference effect within 19 months of the trigger. demonstrating and ensuring conformity between the attainment level of The plan also lays out a process to of such transportation activities to a SIP. emissions (from all sources) and the implement the non-regulatory When reviewing submitted ‘‘control projected level of emissions (from all contingency measures within 12–24 strategy’’ SIPs or maintenance plans sources) in the maintenance plan. The months of the trigger. containing MVEBs, EPA must affirmatively find the MVEB contained attainment level of emissions is the VII. Are the Motor Vehicle Emissions therein ‘‘adequate’’ for use in level of emissions during one of the Budgets Established and Identified in determining transportation conformity. years in which the area met the NAAQS. the Erie Maintenance Plan Adequate After EPA affirmatively finds the The following example is for the 2018 and Approvable? submitted MVEB is adequate for safety margin: The Erie Area first attained the 8-hour ozone NAAQS A. What Are the Motor Vehicle transportation conformity purposes, that during the 2002 to 2004 time period. Emissions Budgets? MVEB can be used by state and federal agencies in determining whether The State used 2004 as the year to Under the CAA, States are required to proposed transportation projects determine attainment levels of submit, at various times, control strategy ‘‘conform’’ to the SIP as required by emissions for the Erie Area. The total SIPs and maintenance plans in ozone section 176(c) of the CAA. EPA’s emissions from point, area, mobile on- areas. These control strategy SIPs (i.e., substantive criteria for determining road, and mobile non-road sources in RFP SIPs and attainment demonstration ‘‘adequacy’’ of a MVEB are set out in 40 2004 equaled 44.7 tpsd of VOC and 38.1 SIPs) and maintenance plans identify CFR 93.118(e)(4). tpsd of NOX. The PADEP projected and establish MVEBs for certain criteria EPA’s process for determining emissions out to the year 2018 and pollutants and/or their precursors to ‘‘adequacy’’ consists of three basic steps: projected a total of 41.3 tpsd of VOC and address pollution from on-road mobile Public notification of a SIP submission, 21.9 tpsd of NOX from all sources in the sources. In the maintenance plan, the a public comment period, and EPA’s Erie Area. The safety margin for 2018 MVEBs are termed ‘‘on-road mobile adequacy finding. This process for would be the difference between these source emission budgets.’’ Pursuant to determining the adequacy of submitted amounts, or 3.4 tpsd of VOC and 16.2 40 CFR part 93 and 51.112, MVEBs must SIP MVEBs was initially outlined in tpsd of NOX. The emissions up to the be established in an ozone maintenance EPA’s May 14, 1999 guidance, level of the attainment year including plan. An MVEB is the portion of the ‘‘Conformity Guidance on the safety margins are projected to total allowable emissions that is Implementation of March 2, 1999, maintain the area’s air quality consistent allocated to highway and transit vehicle Conformity Court Decision.’’ This with the 8-hour ozone NAAQS. The use and emissions. An MVEB serves as guidance was finalized in the safety margin is the extra emissions a ceiling on emissions from an area’s Transportation Conformity Rule reduction below the attainment levels planned transportation system. The Amendments for the ‘‘New 8-Hour that can be allocated for emissions by MVEB concept is further explained in Ozone and PM2.5 National Ambient Air various sources as long as the total the preamble to the November 24, 1993, Quality Standards and Miscellaneous emission levels are maintained at or transportation conformity rule (58 FR Revisions for Existing Areas; below the attainment levels. Table 6 62188). The preamble also describes Transportation Conformity Rule shows the safety margins for the 2009 how to establish and revise the MVEBs Amendments—Response to Court and 2018 years.

TABLE 6.—2009 AND 2018 SAFETY MARGINS FOR ERIE

VOC NOX Inventory year emissions emissions (tpsd) (tpsd)

2004 Attainment ...... 44.7 38.1 2009 Interim ...... 41.0 31.9 2009 Safety Margin ...... 3.7 6.2 2004 Attainment ...... 44.7 38.1 2018 Final ...... 41.3 21.9

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TABLE 6.—2009 AND 2018 SAFETY MARGINS FOR ERIE—Continued

VOC NOX Inventory year emissions emissions (tpsd) (tpsd)

2018 Safety Margin ...... 3.4 16.2

The PADEP allocated 0.4 tpsd VOC the 2009 MVEBs. For the 2018 MVEBs margins are no longer available, and and 0.5 tpsd NOX to the 2009 interim the PADEP allocated 0.5 tpsd VOC and may no longer be allocated to any other VOC projected on-road mobile source 0.6 tpsd NOX from the 2018 safety source category. Table 7 shows the final emissions projection and the 2009 margins to arrive at the 2018 MVEBs. 2009 and 2018 MVEBs for Erie. interim NOX projected on-road mobile Once allocated to the mobile source source emissions projection to arrive at budgets these portions of the safety

TABLE 7.—2009 AND 2018 FINAL MVEBS FOR ERIE COUNTY

VOC NOX Inventory year emissions emissions (tpsd) (tpsd)

2009 projected on-road mobile source projected emissions ...... 6.5 15.6 2009 Safety Margin Allocated to MVEBs ...... 0.4 0.5 2009 MVEBs ...... 6.9 16.1 2018 projected on-road mobile source projected emissions ...... 4.0 6.7 2018 Safety Margin Allocated to MVEBs ...... 0.5 0.6 2018 MVEBs ...... 4.5 7.3

C. Why Are the MVEBs Approvable? adequacy process as a separate action. request. EPA is soliciting public The 2009 and 2018 MVEBs for the Our action on the Erie Area MVEBs will comments on the issues discussed in Erie Area are approvable because the also be announced on EPA’s conformity this document. These comments will be Web site: http://www.epa.gov/otaq/ considered before taking final action. MVEBs for VOCs and NOX continue to stateresources/transconf/index.htm maintain the total emissions at or below IX. Statutory and Executive Order (once there, click on ‘‘Adequacy Review the attainment year inventory levels as Reviews required by the transportation of SIP Submissions’’). Under Executive Order 12866 (58 FR conformity regulations. VIII. Proposed Actions 51735, October 4, 1993), this proposed D. What Is the Adequacy and Approval EPA is proposing to determine that action is not a ‘‘significant regulatory Process for the MVEBs in the Erie the Erie Area has attained the 8-hour action’’ and therefore is not subject to Maintenance Plan? ozone NAAQS. EPA is also proposing to review by the Office of Management and The MVEBs for the Erie Area approve the redesignation of the Erie Budget. For this reason, this action is maintenance plan are being posted to Area from nonattainment to attainment also not subject to Executive Order EPA’s conformity Web site concurrently for the 8-hour ozone NAAQS. EPA has 13211, ‘‘Actions Concerning Regulations with this proposal. The public comment evaluated Pennsylvania’s redesignation That Significantly Affect Energy Supply, period will end at the same time as the request and determined that it meets the Distribution, or Use’’ (66 FR 28355 (May public comment period for this redesignation criteria set forth in section 22, 2001)). This action merely proposes proposed rule. In this case, EPA is 107(d)(3)(E) of the CAA. EPA believes to approve state law as meeting Federal concurrently processing the action on that the redesignation request and requirements and imposes no additional the maintenance plan and the adequacy monitoring data demonstrate that the requirements beyond those imposed by process for the MVEBs contained Erie Area has attained the 8-hour ozone state law. Accordingly, the therein. In this proposed rule, EPA is standard. The final approval of this Administrator certifies that this proposing to find the MVEBs adequate redesignation request would change the proposed rule will not have a significant and also proposing to approve the designation of the Erie Area from economic impact on a substantial MVEBs as part of the maintenance plan. nonattainment to attainment for the 8- number of small entities under the The MVEBs cannot be used for hour ozone standard. EPA is also Regulatory Flexibility Act (5 U.S.C. 601 transportation conformity until the proposing to approve the associated et seq.). Because this rule proposes to maintenance plan and associated maintenance plan for the Erie Area, approve pre-existing requirements MVEBs are approved in a final Federal submitted on April 24, 2007, as a under state law and does not impose Register notice, or EPA otherwise finds revision to the Pennsylvania SIP. EPA is any additional enforceable duty beyond the budgets adequate in a separate proposing to approve the maintenance that required by state law, it does not action following the comment period. plan for the Erie Area because it meets contain any unfunded mandate or If EPA receives adverse written the requirements of section 175A as significantly or uniquely affect small comments with respect to the proposed described previously in this notice. EPA governments, as described in the approval of the Erie MVEBs, or any is also proposing to approve the 2002 Unfunded Mandates Reform Act of 1995 other aspect of our proposed approval of base-year inventory for the Erie Area, (Pub. L. 104–4). This proposed rule also this updated maintenance plan, we will and the MVEBs submitted by does not have a substantial direct effect respond to the comments on the MVEBs Pennsylvania for the Erie Area in on one or more Indian tribes, on the in our final action or proceed with the conjunction with its redesignation relationship between the Federal

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Government and Indian tribes, or on the information collection burden under the Management Section, Mitigation distribution of power and provisions of the Paperwork Reduction Directorate, Federal Emergency responsibilities between the Federal Act of 1995 (44 U.S.C. 3501 et seq.). Management Agency, 500 C Street, SW., Government and Indian tribes, as Washington, DC 20472, (202) 646–3151. List of Subjects specified by Executive Order 13175 (65 SUPPLEMENTARY INFORMATION: The FR 67249, November 9, 2000), nor will 40 CFR Part 52 Federal Emergency Management Agency it have substantial direct effects on the Environmental protection, Air (FEMA) proposes to make States, on the relationship between the pollution control, Nitrogen dioxide, determinations of BFEs and modified national government and the States, or Ozone, Reporting and recordkeeping BFEs for each community listed below, on the distribution of power and requirements, Volatile organic in accordance with section 110 of the responsibilities among the various compounds. Flood Disaster Protection Act of 1973, levels of government, as specified in 42 U.S.C. 4104, and 44 CFR 67.4(a). Executive Order 13132 (64 FR 43255, 40 CFR Part 81 These proposed BFEs and modified August 10, 1999), because it merely Environmental protection, Air proposes to approve a state rule BFEs, together with the floodplain pollution control, National parks, management criteria required by 44 CFR implementing a Federal requirement, Wilderness areas. and does not alter the relationship or 60.3, are the minimum that are required. the distribution of power and Authority: 42 U.S.C. 7401 et seq. They should not be construed to mean responsibilities established in the Clean Dated: July 16, 2007. that the community must change any Air Act. This proposed rule also is not William T. Wisniewski, existing ordinances that are more subject to Executive Order 13045 (62 FR Acting Regional Administrator, Region III. stringent in their floodplain management requirements. The 19885, April 23, 1997), because it [FR Doc. E7–14360 Filed 7–24–07; 8:45 am] community may at any time enact approves a state rule implementing a BILLING CODE 6560–50–P Federal standard. In reviewing SIP stricter requirements of its own, or submissions, EPA’s role is to approve pursuant to policies established by other state choices, provided that they meet Federal, State or regional entities. These DEPARTMENT OF HOMELAND the criteria of the Clean Air Act. In this proposed elevations are used to meet SECURITY context, in the absence of a prior the floodplain management existing requirement for the State to use requirements of the NFIP and are also Federal Emergency Management used to calculate the appropriate flood voluntary consensus standards (VCS), Agency EPA has no authority to disapprove a insurance premium rates for new buildings built after these elevations are SIP submission for failure to use VCS. 44 CFR Part 67 It would thus be inconsistent with made final, and for the contents in these applicable law for EPA, when it reviews [Docket No. FEMA–D–7808] buildings. a SIP submission, to use VCS in place National Environmental Policy Act. of a SIP submission that otherwise Proposed Flood Elevation This proposed rule is categorically satisfies the provisions of the Clean Air Determinations excluded from the requirements of 44 Act. Redesignation is an action that AGENCY: Federal Emergency CFR part 10, Environmental affects the status of a geographical area Management Agency, DHS. Consideration. An environmental and does not impose any new impact assessment has not been ACTION: Proposed rule. requirements on sources. Thus, the prepared. requirements of section 12(d) of the SUMMARY: Technical information or Regulatory Flexibility Act. As flood National Technology Transfer and comments are requested on the elevation determinations are not within Advancement Act of 1995 (15 U.S.C. proposed Base (1% annual chance) the scope of the Regulatory Flexibility 272 note) do not apply. As required by Flood Elevations (BFEs) and proposed Act, 5 U.S.C. 601–612, a regulatory section 3 of Executive Order 12988 (61 BFEs modifications for the communities flexibility analysis is not required. FR 4729, February 7, 1996), in issuing listed below. The BFEs are the basis for Regulatory Classification. This this proposed rule, EPA has taken the the floodplain management measures proposed rule is not a significant necessary steps to eliminate drafting that the community is required either to regulatory action under the criteria of errors and ambiguity, minimize adopt or to show evidence of being section 3(f) of Executive Order 12866 of potential litigation, and provide a clear already in effect in order to qualify or September 30, 1993, Regulatory legal standard for affected conduct. EPA remain qualified for participation in the Planning and Review, 58 FR 51735. has complied with Executive Order National Flood Insurance Program Executive Order 13132, Federalism. 12630 (53 FR 8859, March 15, 1988) by (NFIP). examining the takings implications of This proposed rule involves no policies the rule in accordance with the DATES: The comment period is ninety that have federalism implications under ‘‘Attorney General’s Supplemental (90) days following the second Executive Order 13132. Guidelines for the Evaluation of Risk publication of this proposed rule in a Executive Order 12988, Civil Justice and Avoidance of Unanticipated newspaper of local circulation in each Reform. This proposed rule meets the Takings’’ issued under the executive community. applicable standards of Executive Order order. ADDRESSES: The proposed BFEs for each 12988. This rule, proposing to approve the community are available for inspection List of Subjects in 44 CFR Part 67 redesignation of the Erie Area to at the office of the Chief Executive attainment for the 8-hour ozone Officer of each community. The Administrative practice and NAAQS, the associated maintenance respective addresses are listed in the procedure, Flood insurance, Reporting plan, the 2002 base-year inventory, and table below. and recordkeeping requirements. the MVEBs identified in the FOR FURTHER INFORMATION CONTACT: Accordingly, 44 CFR part 67 is maintenance plan, does not impose an William R. Blanton, Jr., Engineering proposed to be amended as follows:

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PART 67—[AMENDED] Authority: 42 U.S.C. 4001 et seq.; § 67.4 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, 2. The tables published under the 1. The authority citation for part 67 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, authority of § 67.4 are proposed to be continues to read as follows: 3 CFR, 1979 Comp., p. 376. amended as follows:

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

Avery County, North Carolina and Incorporated Areas

Beech Creek ...... At the confluence with Watauga River ...... None +2,444 Unincorporated Areas of Avery County. Approximately 1,100 feet upstream of the confluence None +2,776 of Buckeye Creek. Brushy Creek ...... At the confluence with North Toe River ...... None +2,622 Unincorporated Areas of Avery County. Approximately 2.0 miles upstream of the confluence None +2,792 with North Toe River. Buckeye Creek ...... At the confluence with Beech Creek ...... None +2,731 Unincorporated Areas of Avery County. Approximately 950 feet upstream of the confluence of None +2,940 Clingman Mine Branch. Clear Creek ...... At the confluence with North Toe River ...... None +2,776 Unincorporated Areas of Avery County. Approximately 1,300 feet upstream of the confluence None +2,816 with North Toe River. Cranberry Creek ...... At the confluence with Elk River ...... None +2,898 Unincorporated Areas of Avery County. Approximately 0.5 mile upstream of Substation Road .. None +3,113 Curtis Creek ...... At the confluence with Elk River ...... None +3,036 Unincorporated Areas of Avery County. Approximately 170 feet downstream of Alton Palmer None +3,249 Road (State Road 1324). Elk River ...... At the North Carolina/Tennessee state boundary ...... None +2,693 Unincorporated Areas of Avery County, Town of Banner Elk. Approximately 0.5 mile upstream of Glove Factory +3,672 +3,673 Lane. Tributary 1 ...... At the North Carolina/Tennessee state boundary ...... None +2,772 Unincorporated Areas of Avery County. Approximately 1,500 feet upstream of the confluence None +3,198 of Hanging Rock Creek. Fall Creek ...... At the confluence with Elk River ...... None +2,713 Unincorporated Areas of Avery County. Approximately 0.8 mile upstream of the confluence None +3,174 with Elk River. Gragg Prong Creek ...... At the confluence with Lost Cove Creek ...... None +1,707 Unincorporated Areas of Avery County. Approximately 1,350 feet upstream of the confluence None +2,199 with Webb Creek. Hanging Rock Creek ...... At the confluence with Elk River ...... +3,656 +3,658 Unincorporated Areas of Avery County, Town of Banner Elk. Approximately 160 feet downstream of Dobbins Road None +3,848 (State Road 1337). Henson Creek ...... At the confluence with North Toe River ...... None +2,838 Unincorporated Areas of Avery County. Approximately 700 feet upstream of Henson Creek None +3,351 Road (State Road 1126). Horney Creek ...... At the confluence with Elk River ...... None +3,391 Unincorporated Areas of Avery County, Town of Banner Elk. Approximately 1,620 feet upstream of Banner Elk None +3,586 Highway/US–194. Horse Bottom Creek ...... At the confluence with Hanging Rock Creek ...... +3,685 +3,686 Unincorporated Areas of Avery County, Town of Banner Elk. Approximately 650 feet upstream of Guignard Lane ..... None +3,774 Kentucky Creek ...... At the confluence with North Toe River ...... +3,586 +3,590 Unincorporated Areas of Avery County, Town of Newland.

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

Approximately 0.5 mile upstream of Damon Vance None +3,762 Lane. Little Elk Creek ...... At the confluence with Elk River ...... None +2,865 Unincorporated Areas of Avery County, Town of Elk Park. Approximately 0.8 mile upstream of Little Elk Road None +3,716 (State Road 1173). Tributary 1 ...... At the confluence with Little Elk Creek ...... None +2,897 Unincorporated Areas of Avery County, Town of Elk Park. Approximately 140 feet upstream of Brooks Shell Road None +3,564 (State Road 1171). Tributary 1A ...... At the confluence with Little Elk Creek Tributary 1 ...... None +3,098 Unincorporated Areas of Avery County, Town of Elk Park. Approximately 1,420 feet upstream of Brooks Shell None +3,445 Road (State Road 1171). Tributary 2 ...... At the confluence with Little Elk Creek ...... None +3,037 Unincorporated Areas of Avery County, Town of Elk Park. Approximately 260 feet upstream of Cliff Taylor Lane .. None +3,146 North Toe River ...... Approximately 1.3 miles downstream of the confluence None +2,605 Unincorporated Areas of of Brushy Creek. Avery County, Town of Newland. At the confluence of Hickorynut Branch ...... None +3,770 Plumtree Creek ...... At the confluence with North Toe River ...... None +2,865 Unincorporated Areas of Avery County. Approximately 1.0 mile upstream of US–19 ...... None +2,957 Roaring Creek ...... At the confluence with North Toe River ...... None +2,966 Unincorporated Areas of Avery County. Approximately 2.7 miles upstream of Roaring Creek None +4,240 Road (State Road 1132). Shawneehaw Creek ...... Approximately 300 feet upstream of the confluence None +3,644 Unincorporated Areas of with Elk River. Avery County, Town of Banner Elk. Approximately 270 feet upstream of Gualtney Road None +3,962 (State Road 1335). Tributary 1 ...... At the confluence with Shawneehaw Creek ...... None +3,813 Unincorporated Areas of Avery County, Town of Banner Elk. Approximately 880 feet upstream of Balm Highway/ None +3,871 US–194. Shoemaker Creek ...... At the confluence with Shawneehaw Creek ...... None +3,796 Unincorporated Areas of Avery County, Town of Banner Elk. Approximately 400 feet upstream of Shoemaker Road None +3,882 Sugar Creek ...... Approximately 150 feet upstream of the confluence +3,682 +3,681 Unincorporated Areas of with Elk River. Avery County, Town of Banner Elk. Approximately 1,250 feet upstream of Mac Lane ...... None +3,727 Threemile Creek ...... At the confluence with North Toe River ...... None +2,756 Unincorporated Areas of Avery County. Approximately 0.8 mile upstream of Greenway Lane .... None +2,853 Trivett Branch ...... At the North Carolina/Tennessee state boundary ...... None +2,644 Unincorporated Areas of Avery County. Approximately 700 feet upstream of the confluence None +2,995 with Trivett Branch Tributary 3. Tributary 1 ...... At the North Carolina/Tennessee state boundary ...... None +2,633 Unincorporated Areas of Avery County. Approximately 700 feet upstream of the confluence of None +2,841 Trivett Branch Tributary 1A. Tributary 1A ...... At the confluence with Trivett Branch Tributary 1 ...... None +2,760 Unincorporated Areas of Avery County. Approximately 720 feet upstream of the confluence None +2,890 with Trivett Branch Tributary 1. Tributary 2 ...... At the confluence with Trivett Branch ...... None +2,650 Unincorporated Areas of Avery County. Approximately 1,150 feet upstream of the confluence None +2,754 with Trivett Branch.

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

Tributary 3 ...... At the confluence with Trivett Branch ...... None +2,968 Unincorporated Areas of Avery County. Approximately 370 feet upstream of Dark Ridge Road None +2,998 (State Road 1310). Watauga River ...... At the North Carolina/Tennessee state boundary ...... None +2,142 Unincorporated Areas of Avery County. At the confluence of Beech Creek ...... None +2,446 Whitehead Creek ...... At the confluence with Elk River ...... None +3,404 Unincorporated Areas of Avery County, Town of Banner Elk. Approximately 100 feet upstream of Tumbling Brook None +3,764 Drive.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Banner Elk Maps are available for inspection at the Banner Elk Town Hall, 200 Park Avenue, Banner Elk, North Carolina. Send comments to The Honorable Deka Tate, Mayor of the Town of Banner Elk, P.O. Box 2049, Banner Elk, North Carolina 28604. Town of Elk Park Maps are available for inspection at the Elk Park Town Hall, 169 Winters Street, Elk Park, North Carolina. Send comments to The Honorable Darlene Hicks, Mayor of the Town of Elk Park, P.O. Box 248, Elk Park, North Carolina 28622. Town of Newland Maps are available for inspection at the Newland Town Hall, 301 Cranberry Street, Newland, North Carolina. Send comments to The Honorable Valerie Jaynes, Mayor of the Town of Newland, P.O. Box 429, Newland, North Carolina 28657. Unincorporated Areas of Avery County Maps are available for inspection at the Avery County Courthouse, 100 Montezuma Street, Newland, North Carolina. Send comments to Mr. Kenny Poteat, Chairman of the Avery County Board of Commissioners, P.O. Box 640, Newland, North Carolina 28657.

Henderson County, North Carolina and Incorporated Areas

Allen Branch ...... At the confluence with Clear Creek ...... None +2,081 Unincorporated Areas of Henderson County, City of Hendersonville. Approximately 200 feet upstream of Luther Capell None +2,183 Lane. Bat Fork Creek ...... At the confluence with Mud Creek ...... +2,084 +2,082 Unincorporated Areas of Henderson County, City of Hendersonville. Approximately 200 feet upstream of U.S. 176 ...... None +2,159 Battle Creek ...... At the downstream side of U.S. 64 ...... None +2,069 Unincorporated Areas of Henderson County. Approximately 0.4 mile upstream of Battle Creek Road None +2,082 (State Road 1211). Big Willow Creek ...... Approximately 0.4 mile upstream of the confluence None +2,081 Unincorporated Areas of with French Broad River. Henderson County. At the confluence of South Fork Big Willow Creek and None +2,081 North Fork Big Willow Creek. Tributary 1 ...... Approximately 1,200 feet upstream of the confluence +2,081 +2,104 Unincorporated Areas of with Big Willow Creek. Henderson County. Approximately 40 feet upstream of Lakeshore Drive .... +2,081 +2,109 Boylston Creek ...... Approximately 50 feet downstream of Banner Farm +2,173 +2,172 Town of Mills River. Road. Approximately 230 feet upstream of Turkey Pen Gap None +2,190 Road. Tributary 7 ...... At the confluence with Boylston Creek ...... None +2,103 Unincorporated Areas of Henderson County, Town of Mills River. Approximately 1,090 feet upstream of Cross Creek None +2,128 Court. Britton Creek ...... At the confluence with Mud Creek ...... +2,082 +2,081 Unincorporated Areas of Henderson County, City of Hendersonville. Approximately 90 feet upstream of Mistletoe Trail ...... None +2,284 Tributary 2 ...... At the confluence with Britton Creek ...... +2,083 +2,082 Unincorporated Areas of Henderson County, City of Hendersonville.

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

Approximately 150 feet upstream of Stonebrook Drive None +2,154 (State Road 2050). Broad River ...... At the Henderson/Rutherford County boundary ...... None +1,411 Unincorporated Areas of Henderson County. At the Buncombe/Henderson County boundary ...... None +1,719 Cane Creek ...... Approximately 100 feet upstream of I–26 ...... +2,061 +2,062 Unincorporated Areas of Henderson County, Town of Fletcher. Approximately 350 feet downstream of the confluence +2,095 +2,094 with Robinson Creek. Clear Creek ...... At the confluence with Mud Creek ...... +2,079 +2,078 Unincorporated Areas of Henderson County. Approximately 1.0 mile upstream of Apple Valley Road None +2,171 (State Road 1572). Devils Fork ...... At the confluence with Bat Fork Creek ...... +2,086 +2,083 Unincorporated Areas of Henderson County, City of Hendersonville. At Old Dana Road (State Road 1738) ...... +2,136 +2,135 Dunn Creek ...... At the confluence with Bat Fork Creek ...... None +2,099 Unincorporated Areas of Henderson County, City of Hendersonville. Approximately 570 feet upstream of Howard Gap Road None +2,144 (State Road 1006). Featherstone Creek ...... At the confluence with Mud Creek ...... +2,071 +2,069 Unincorporated Areas of Henderson County. Approximately 240 feet upstream of Locust Grove None +2,253 Road (State Road 1528). Finley Creek ...... At the confluence with Perry Creek and Shepherd None +2,131 Unincorporated Areas of Creek. Henderson County. Approximately 1,980 feet upstream of Old Kanuga None +2,146 Road (State Road 1138). Gash Creek ...... Approximately 400 feet downstream of Etowah School None +2,081 Unincorporated Areas of Road (State Road 1205). Henderson County. Approximately 1,250 feet upstream of U.S. 64 ...... None +2,101 Green River ...... At the Henderson/Polk County boundary ...... None +1,442 Unincorporated Areas of Henderson County. Approximately 300 feet upstream of Bear Paw Ridge None +2,166 Road. Henderson Creek ...... At the confluence with Clear Creek ...... None +2,118 Unincorporated Areas of Henderson County. Approximately 1,240 feet upstream of Pace Road None +2,146 (State Road 1762). Hickory Creek (near At the confluence with Broad River ...... None +1,483 Unincorporated Areas of Gerton). Henderson County. Approximately 320 feet upstream of Boulder Lane ...... None +3,652 Higgins Branch ...... At the confluence with Kimsey Creek ...... None +2,062 Town of Fletcher. Approximately 1,820 feet upstream of Birkshire Way ... None +2,178 Hoopers Creek ...... At the confluence with Cane Creek ...... +2,075 +2,074 Unincorporated Areas of Henderson County, Town of Fletcher. Approximately 30 feet downstream of Lindsey Loop None +2,181 Road (State Road 1571). Kimsey Creek ...... Approximately 50 feet upstream of U.S. 74 ...... +2,061 +2,062 Unincorporated Areas of Henderson County, Town of Fletcher. Approximately 1,880 feet upstream of Kimzey Creek None +2,155 Drive. King Creek ...... At the confluence with Bat Fork Creek ...... None +2,084 Unincorporated Areas of Henderson County, City of Hendersonville, Village of Flat Rock. Approximately 0.5 mile upstream of West Blue Ridge None +2,178 Road (State Road 1812). Tributary 3 ...... At the confluence with King Creek ...... None +2,099 Unincorporated Areas of Henderson County, City of Hendersonville, Village of Flat Rock. Approximately 210 feet upstream of Rutledge Drive None +2,171 (State Road 1166).

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

Kyles Creek ...... At the confluence with Clear Creek ...... None +2,118 Unincorporated Areas of Henderson County. Approximately 140 feet downstream of Terrys Gap None +2,187 Road (State Road 1565). Lanning Mill Creek ...... At the confluence with Kyles Creek ...... None +2,176 Unincorporated Areas of Henderson County. Approximately 800 feet upstream of the confluence None +2,187 with Kyles Creek. Lewis Creek ...... At the confluence with Clear Creek ...... None +2,126 Unincorporated Areas of Henderson County. Approximately 80 feet downstream of Pilot Mountain None +2,169 Road (State Road 1783). Little Willow Creek ...... At Pleasant Grove Road (State Road 1191) ...... None +2,083 Unincorporated Areas of Henderson County. Approximately 1.6 miles upstream of the confluence None +2,113 with French Broad River. Mill Pond Creek ...... Approximately 175 feet upstream of Hysong Lane ...... +2,076 +2,075 Unincorporated Areas of Henderson County. Approximately 0.4 mile upstream of Mountain Road None +2,202 (State Road 1381). Mills River...... Approximately 0.6 mile upstream of Hooper Lane None +2,063 Town of Mills River. (State Road 1353). At the confluence of North Fork Mills River and South None +2,119 Fork Mills River. Mud Creek ...... Approximately 1.4 miles upstream of the confluence +2,063 +2,062 Unincorporated Areas of with French Broad River. Henderson County, City of Hendersonville, Town of Fletcher, Village of Flat Rock. Approximately 300 feet upstream of Walnut Cove None +2,161 Road (State Road 1125). North Fork Big Willow At the confluence with Big Willow Creek ...... None +2,081 Unincorporated Areas of Creek. Henderson County. Approximately 0.5 mile upstream of the confluence None +2,099 with Big Willow Creek. North Fork Mills River ...... At the confluence with Mills River ...... None +2,119 Unincorporated Areas of Henderson County, Town of Mills River. Approximately 1.3 miles upstream of Rush Branch None +2,259 Road. Perry Creek ...... At the confluence with Shepherd Creek ...... None +2,131 Unincorporated Areas of Henderson County. Approximately 1,530 feet upstream of Price Road None +2,147 (State Road 1137). Piney Branch ...... At the confluence with South Fork Big Willow Creek .... None +2,082 Unincorporated Areas of Henderson County. Approximately 0.8 mile upstream of Big Willow Road None +2,218 (State Road 1191). Reedypatch Creek ...... At the confluence with Broad River ...... None +1,461 Unincorporated Areas of Henderson County. Approximately 540 feet upstream of Bald Rock Road None +2,176 (State Road 1710). Rock Creek (into Green At the confluence with Green River ...... None +2,067 Unincorporated Areas of River). Henderson County. Approximately 0.5 mile upstream of Green River Road None +2,103 (State Road 1106). Shaw Creek ...... At the downstream side of U.S. 64 ...... None +2,069 Unincorporated Areas of Henderson County. Approximately 1,400 feet upstream of Turley Falls None +2,122 Road (State Road 1215). Shephard Creek ...... At South Lakeside Drive (State Road 1148) ...... None +2,126 Unincorporated Areas of Henderson County. At the confluence of Perry Creek and Finley Creek ...... None +2,131 South Fork Big Willow At the confluence with Big Willow Creek ...... None +2,081 Unincorporated Areas of Creek. Henderson County. Approximately 1,810 feet upstream of Patterson Road None +2,103 (State Road 1194).

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

South Fork Mills River ...... At the confluence with Mills River ...... None +2,119 Unincorporated Areas of Henderson County, Town of Mills River. Approximately 3.2 miles upstream of Dalton Road None +2,258 (State Road 1340). South Wash Creek ...... At the confluence with Wash Creek ...... None +2,153 Town of Laurel Park. Approximately 50 feet downstream of Lake Drive ...... None +2,217 Tonys Creek ...... At the confluence with Shepherd Creek ...... None +2,126 Unincorporated Areas of Henderson County, Town of Laurel Park. Approximately 0.5 mile upstream of Willow Road None +2,201 (State Road 1171). Wash Creek...... Approximately 400 feet upstream of the confluence +2,090 +2,091 Unincorporated Areas of with Mud Creek. Henderson County, City of Hendersonville, Town of Laurel Park. Approximately 330 feet upstream of Railroad ...... None +2,202 Wolfpen Creek...... Approximately 500 feet upstream of the confluence +2,092 +2,091 Unincorporated Areas of with Clear Creek. Henderson County, City of Hendersonville. Approximately 90 feet upstream of Chestnut Gap Road None +2,130 (State Road 1742).

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Hendersonville Maps are available for inspection at Hendersonville City Hall, 145 Fifth Avenue East, Hendersonville, North Carolina. Send comments to The Honorable Greg Newman, Mayor of the City of Hendersonville, P.O. Box 1670, Hendersonville, North Carolina 28793. Town of Fletcher Maps are available for inspection at Fletcher Town Hall, 4005 Hendersonville Road, Fletcher, North Carolina. Send comments to The Honorable Mark Biberdors, Mayor of the Town of Fletcher, 4005 Hendersonville Road, Fletcher, North Carolina 28732. Town of Laurel Park Maps are available for inspection at Laurel Park Town Hall, 441 White Pine Drive, Laurel Park, North Carolina. Send comments to The Honorable Henry T. Johnson, Mayor of the Town of Laurel Park, 441 White Pine Drive, Laurel Park, North Carolina 28739. Town of Mills River Maps are available for inspection at Mills River Town Hall, 5046 Boylston Highway, Suite 3, Mills River, North Carolina. Send comments to The Honorable Roger Snyder, Mayor of the Town of Mills River, 5046 Boylston Highway, Suite 3, Mills River, North Carolina 28759. Unincorporated Areas of Henderson County Maps are available for inspection at Henderson County Administration Building, 100 North King Street, Hendersonville, North Carolina. Send comments to Mr. Steve Wyatt, Henderson County Manager, 100 North King Street, Hendersonville, North Carolina 28792. Village of Flat Rock Maps are available for inspection at Flat Rock Village Hall, 110 Village Center Drive, Flat Rock, North Carolina. Send comments to The Honorable Ray E. Shaw, Jr., Mayor of the Village of Flat Rock, P.O. Box 1288, Flat Rock, North Carolina 28731.

Union County, North Carolina and Incorporated Areas

Adams Branch ...... At the confluence with Richardson Creek ...... None +540 Unincorporated Areas of Union County. Approximately 0.5 mile upstream of Richardson Road None +629 (SR 2158). Tributary 1 ...... At the confluence with Adams Branch ...... None +569 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of the confluence None +602 with Adams Branch. Austin Branch ...... At the confluence with Salem Creek ...... None +486 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of Austin Grove None +580 Church Road (SR 1751). Barkers Branch ...... At the confluence with Lanes Creek ...... None +430 Unincorporated Areas of Union County. Approximately 1,990 feet upstream of Tanner Road None +531 (SR 1935).

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

Bearskin Creek ...... Approximately 1,900 feet upstream of the confluence +486 +485 Unincorporated Areas of with Richardson Creek. Union County, City of Monroe. Approximately 360 feet upstream of Price Short Cut None +636 Road (SR 1351). Beaverdam Creek ...... At the confluence with Lanes Creek ...... None +413 Unincorporated Areas of Union County. Approximately 1.2 miles upstream of Russell Pope None +571 Road (SR 1948). Beaverdam Creek (West) ... At the confluence with Richardson Creek ...... None +520 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of Parks McCorkle None +651 Road (SR 1152). Beaverdam Creek Tributary At the confluence with Beaverdam Creek ...... None +460 Unincorporated Areas of 1. Union County. Approximately 0.8 mile upstream of Doctor Blair Road None +498 (SR 1902). Tributary 1A ...... At the confluence with Beaverdam Creek Tributary 1 ... None +462 Unincorporated Areas of Union County. Approximately 0.5 mile upstream of the confluence None +492 with Beaverdam Creek Tributary 1. Tributary 1B ...... At the confluence with Beaverdam Creek Tributary 1 ... None +464 Unincorporated Areas of Union County. Approximately 1,570 feet upstream of the confluence None +484 of Beaverdam Creek Tributary 1B1. Tributary 1B1 ...... At the confluence with Beaverdam Creek Tributary 1B None +473 Unincorporated Areas of Union County. Approximately 0.4 mile upstream of the confluence None +483 with Beaverdam Creek Tributary 1B. Tributary 2 ...... At the confluence with Beaverdam Creek ...... None +467 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of the confluence None +503 with Beaverdam Creek. Becky Branch ...... At the confluence with Salem Creek ...... None +440 Unincorporated Areas of Union County. Approximately 0.9 mile upstream of the confluence None +500 with Becky Branch Tributary 2. Tributary 1 ...... At the confluence with Becky Branch ...... None +440 Unincorporated Areas of Union County. Approximately 0.4 mile upstream of Old Lawyers Road None +491 (SR 1736). Tributary 2 ...... At the confluence with Becky Branch ...... None +465 Unincorporated Areas of Union County. Approximately 280 feet upstream of Old Lawyers Road None +510 (SR 1736). Brandon Branch ...... At the confluence with Gold Branch ...... None +439 Unincorporated Areas of Union County. Approximately 950 feet upstream of Sugar and Wine None +518 Road (SR 1649). Brown Creek...... Approximately 0.5 mile downstream of the Anson/ None +326 Unincorporated Areas of Union County boundary. Union County, City of Monroe. Approximately 1.1 miles upstream of Canal Road (SR None +374 1919). Tributary 5 ...... At the confluence with Brown Creek ...... None +331 Unincorporated Areas of Union County. Approximately 640 feet upstream of Zion Church Road None +354 Tributary 6 ...... At the confluence with Brown Creek ...... None +337 Unincorporated Areas of Union County. Approximately 980 feet upstream of Zion Church Road None +379 Buck Branch ...... At the confluence with Little Richardson Creek ...... None +503 Unincorporated Areas of Union County. Approximately 950 feet downstream of Magnum Dairy None +599 Road (SR 2108). Buffalo Creek ...... At the North Carolina/South Carolina State boundary ... None +501 Unincorporated Areas of Union County. Approximately 0.9 mile upstream of Jack Davis Road None +631 (SR 2125).

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

Tributary 1 ...... At the confluence with Buffalo Creek ...... None +502 Unincorporated Areas of Union County. Approximately 1,370 feet upstream of Trinity Church None +594 Road (SR 2153). Bull Branch ...... At the confluence with Richardson Creek ...... None +425 Unincorporated Areas of Union County. Approximately 1.2 miles upstream of Olive Branch None +510 Road (SR 1006). Camp Branch ...... At the confluence with Bearskin Creek ...... +584 +585 Unincorporated Areas of Union County, City of Monroe. Approximately 1,500 feet upstream of Weddington None +611 Road. Carolina Creek ...... At the confluence with Lanes Creek ...... None +469 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of Van Sneed Road None +548 (SR 1925). Cedar Branch ...... At the confluence with Lanes Creek ...... None +446 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of the confluence None +485 with Lanes Creek. Chinkapin Creek ...... At the confluence with Stewarts Creek ...... None +492 Unincorporated Areas of Union County, Town of Unionville. Approximately 820 feet upstream of Tom Helms Road None +551 Tributary 1 ...... At the confluence with Chinkapin Creek ...... None +505 Town of Unionville. Approximately 0.8 mile upstream of the confluence None +550 with Chinkapin Creek. Tributary 2 ...... At the confluence with Chinkapin Creek ...... None +515 Town of Unionville. Approximately 900 feet upstream of Skies Mill Road .... None +570 Tributary 2A ...... At the confluence with Chinkapin Creek Tributary 2 ..... None +523 Town of Unionville. Approximately 0.5 mile upstream of Unionville Road .... None +568 Clear Creek ...... At the confluence with Rocky River ...... None +469 Town of Fairview. Approximately 1,400 feet upstream of the confluence None +486 of Long Branch. Cool Spring Branch ...... At the confluence with Lanes Creek ...... None +437 Unincorporated Areas of Union County. Approximately 1.4 miles upstream of White Store Road None +476 (SR 1003). Cowpens Branch ...... At the confluence with Wicker Branch ...... None +539 Unincorporated Areas of Union County. Approximately 0.9 mile upstream of Medlin Road (SR None +608 2102). Crisco Branch ...... At the confluence with Rocky River ...... None +348 Unincorporated Areas of Union County. Approximately 1.5 miles upstream of the confluence None +436 with Rocky River. Crooked Creek ...... At the confluence with Rocky River ...... None +426 Unincorporated Areas of Union County, Town of Fairview. At the confluence of North Fork Crooked Creek and +569 +570 South Fork Crooked Creek. Tributary 1 ...... At the confluence with Crooked Creek ...... +562 +565 Town of Fairview, Town of Unionville. Approximately 0.4 mile upstream of Clontz Long Road None +592 Dry Fork ...... At the confluence with Bearskin Creek ...... +582 +581 City of Monroe. Approximately 1,300 feet upstream of North Rocky None +638 Road (SR 1007). Duck Creek ...... At the confluence with Goose Creek ...... None +468 Unincorporated Areas of Union County, Town of Fairview. Approximately 0.8 mile upstream of the confluence None +575 with Duck Creek Tributary 3. Tributary 1 ...... At the confluence with Duck Creek ...... None +483 Town of Fairview. Approximately 0.4 mile upstream of the confluence None +496 with Duck Creek. Tributary 2 ...... At the confluence with Duck Creek ...... None +509 Town of Fairview. Approximately 60 feet downstream of Crowell Dairy None +560 Road.

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

Tributary 3 ...... At the confluence with Duck Creek ...... None +537 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of Rock Hill Church None +614 Road (SR 1539). East Fork Stewarts Creek .. Approximately 110 feet upstream of the confluence +536 +537 Unincorporated Areas of with Stewarts Creek. Union County, Town of Unionville. Approximately 1.2 miles upstream of the confluence of None +597 East Fork Stewarts Creek Tributary 1. Tributary 1 ...... At the confluence with East Fork Stewarts Creek ...... None +572 Unincorporated Areas of Union County, Town of Unionville. Approximately 1,840 feet upstream of the confluene of None +586 East Fork Stewarts Creek Tributary 1A. Tributary 1A ...... At the confluence with East Fork Stewarts Creek Tribu- None +578 Unincorporated Areas of tary 1. Union County. Approximately 68 feet upstream of the confluence with None +590 East Fork Stewarts Creek Tributary 1. East Fork Twelvemile Approximately 0.4 mile upstream of the confluence +511 +510 Unincorporated Areas of Creek. with Twelvemile Creek and West Fork Twelvemile Union County, Town of Creek. Indian Trail, Town of Mineral Springs, Town of Waxhaw, Village of Wes- ley Chapel. Approximately 1,710 feet upstream of Grayson Park- None +621 way. Flag Branch ...... At the confluence with Chinkapin Creek ...... None +494 Unincorporated Areas of Union County, Town of Unionville. Approximately 180 feet upstream of Morgan Mill Road None +524 Gibbs Branch ...... At the confluence with Mill Creek (South) ...... None +519 Unincorporated Areas of Union County. Approximately 230 feet upstream of Arant Road (SR None +555 2117). Gold Branch ...... At the confluence with Richardson Creek ...... None +396 Unincorporated Areas of Union County. Approximately 0.9 mile upstream of New Salem Road None +506 (SR 1627). Gold Branch (East) ...... At the confluence with Grapevine Creek ...... None +449 Unincorporated Areas of Union County. Approximately 0.5 mile upstream of Marshville Olive None +503 Branch Road (SR 1719). Goose Creek ...... At the confluence with Rocky River ...... None +466 Unincorporated Areas of Union County, Town of Fairview, Town of Indian Trail, Town of Stallings. At the Mecklenburg/Union County boundary ...... None +627 Tributary 1 ...... At the confluence with Goose Creek ...... None +468 Town of Fairview. Approximately 50 feet downstream of Roy Kindley None +524 Road. Tributary 2 ...... At the confluence with Goose Creek ...... +521 +520 Town of Fairview. Approximately 0.6 mile upstream of the confluence None +536 with Goose Creek. Tributary 3 ...... Approximately 800 feet upstream of the confluence +539 +540 Unincorporated Areas of with Goose Creek. Union County, Town of Indian Trail. Approximately 0.7 mile upstream of the confluence None +556 with Goose Creek. Tributary 4 ...... Approximately 350 feet upstream of the confluence +592 +593 Town of Indian Trail, Town with Goose Creek. of Stallings. Approximately 1.4 miles upstream of the confluence None +660 with Goose Creek. Grapevine Creek ...... At the confluence with Richardson Creek ...... None +360 Unincorporated Areas of Union County. Approximately 1.3 miles upstream of the confluence of None +495 Gold Branch (East). Tributary 1 ...... At the confluence with Grapevine Creek ...... None +418 Unincorporated Areas of Union County.

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

Approximately 530 feet upstream of Lucy Short Cut None +459 Road (SR 1745). Tributary 2 ...... At the confluence with Grapevine Creek ...... None +434 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of the confluence None +479 with Grapevine Creek. Grassy Branch ...... At the confluence with Crooked Creek ...... None +518 Unincorporated Areas of Union County, Town of Fairview, Town of Unionville. Approximately 390 feet upstream of West Lawyers None +614 Road (SR 1675). Tributary 1 ...... At the confluence with Grassy Branch ...... None +549 Town of Unionville. Approximately 1,520 feet upstream of Unionville Road None +569 Grassy Creek ...... At the confluence with Rocky River ...... None +374 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of Braswell-Rushing None +566 Road. Tributary 1 ...... At the confluence with Rocky River ...... None +459 Unincorporated Areas of Union County. Approximately 550 feet upstream of Morgan Mill Road None +502 Tributary 2 ...... At the confluence with Grassy Creek ...... None +498 Unincorporated Areas of Union County. Approximately 0.5 mile upstream of the confluence None +516 with Grassy Creek. Gum Log Branch ...... At the confluence with Lanes Creek ...... None +522 Unincorporated Areas of Union County. Approximately 0.8 mile upstream of Jack Davis Road None +586 (SR 2125). Half Way Branch ...... At the confluence with Meadow Branch ...... None +506 Unincorporated Areas of Union County, Town of Wingate. Approximately 160 feet upstream of West Elm Street .. None +563 Haney Branch ...... At the confluence with Beaverdam Creek ...... None +483 Unincorporated Areas of Union County. Approximately 630 feet upstream of Old Pageland None +520 Marshville Road (SR 1937). Jacks Branch ...... At the confluence with Salem Creek ...... None +412 Unincorporated Areas of Union County. Approximately 0.4 mile downstream of Henry Ellis None +531 Drive. Tributary 1 ...... At the confluence with Jacks Branch ...... None +481 Unincorporated Areas of Union County. Approximately 0.4 mile upstream of the confluence None +492 with Jacks Branch. Lacey Branch ...... At the Union/Anson County boundary ...... None +445 Unincorporated Areas of Union County. Approximately 0.8 mile upstream of the confluence of None +506 Lacey Branch Tributary 2. Tributary 1 ...... At the confluence with Lacey Branch ...... None +479 Unincorporated Areas of Union County. Approximately 1,610 feet upstream of the confluence None +496 with Lacey Branch. Tributary 2 ...... At the confluence with Lacey Branch ...... None +481 Unincorporated Areas of Union County. Approximately 650 feet upstream of Brice Griffin Road None +502 (SR 1727). Lanes Creek ...... Approximately 0.7 mile upstream of Hasty Road (SR None +412 Unincorporated Areas of 1901). Union County. Approximately 1,310 feet upstream of Jack Davis Road None +624 (SR 2125). Tributary 6 ...... At the confluence with Lanes Creek ...... None +438 Unincorporated Areas of Union County. Approximately 1,770 feet upstream of the confluence None +442 with Lanes Creek. Tributary 7 ...... At the confluence with Lanes Creek ...... None +444 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of the confluence None +482 with Lanes Creek.

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

Tributary 8 ...... At the confluence with Lanes Creek ...... None +455 Unincorporated Areas of Union County. Approximately 1.1 miles upstream of the confluence None +514 with Lanes Creek. Tributary 9 ...... At the confluence with Lanes Creek ...... None +461 Unincorporated Areas of Union County. Approximately 0.4 mile upstream of Smith Town Road None +483 (SR 1915). Lee Branch ...... At the confluence with Bates Branch ...... None +541 Unincorporated Areas of Union County, Town of Mineral Springs. Approximately 375 feet downstream of Waxhaw-Mon- None +618 roe Road (State Route 1111). Lick Branch (East) ...... At the confluence with Lanes Creek ...... None +413 Unincorporated Areas of Union County, Town of Marshville. Approximately 410 feet upstream of West Main Street None +557 Tributary 1 ...... At the confluence with Lick Branch (East) ...... None +493 Unincorporated Areas of Union County, Town of Marshville. Approximately 1.0 mile upstream of the confluence None +517 with Lick Branch (East). Lick Branch (East) Tributary At the confluence with Lick Branch (East) Tributary 1 .. None +496 Unincorporated Areas of 1A. Union County, Town of Marshville. Approximately 0.3 mile upstream of Traywick Road ..... None +517 Lick Branch (West) ...... Approximately 230 feet upstream of the confluence None +535 City of Monroe. with Stewarts Creek. Approximately 170 feet upstream of US Highway 74 .... None +586 Tributary 1 ...... At the confluence with Lick Branch (West) ...... None +576 City of Monroe. Approximately 710 feet upstream of the confluence None +582 with Lick Branch (West). Little Brown Creek ...... At the confluence with Brown Creek ...... None +351 Unincorporated Areas of Union County. Approximately 190 feet upstream of the confluence None +396 with Wallace Branch. Little Mill Creek ...... At the confluence with Mill Creek ...... None +466 Unincorporated Areas of Union County, Town of Unionville. Approximately 120 feet upstream of Lark Trail ...... None +551 Little Richardson Creek ...... At the confluence with Richardson Creek ...... None +495 Unincorporated Areas of Union County, City of Monroe. Approximately 1,980 feet upstream of Bruce Thomas None +604 Road (SR 2132). Tributary 1 ...... At the confluence with Little Richardson Creek ...... None +495 Unincorporated Areas of Union County, City of Monroe. Approximately 0.8 mile upstream of the confluence None +533 with Little Richardson Creek. Tributary 2 ...... At the confluence with Little Richardson Creek ...... None +556 Unincorporated Areas of Union County. Approximately 620 feet upstream of Troy Medlin Road None +606 (SR 2131). Tributary 3 ...... At the confluence with Little Richardson Creek ...... None +581 Unincorporated Areas of Union County. Approximately 1.6 miles upstream of the confluence None +624 with Richardson Creek. Little Twelvemile Creek ...... At the confluence with East Fork Twelvemile Creek ..... +526 +527 Unincorporated Areas of Union County, Town of Mineral Springs. Approximately 0.9 mile upstream of Crow Road ...... None +635 Little Watson Branch ...... At the confluence with Water Branch ...... None +314 Unincorporated Areas of Union County. Approximately 250 feet downstream of NC 218 High- None +437 way. Tributary 1 ...... At the confluence with Little Watson Branch ...... None +341 Unincorporated Areas of Union County.

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

Approximately 360 feet upstream of Burnsville Road None +418 (SR 1714). Long Branch ...... At the confluence with Clear Creek ...... None +483 Town of Fairview. Approximately 0.9 mile upstream of the confluence None +533 with Clear Creek. Lynches Creek ...... At the confluence with Rays Fork ...... None +492 Unincorporated areas of Union County, City of Monroe. Approximately 1.1 miles upstream of Old Pageland- None +603 Monroe Road (SR 1941). Lynches River ...... At the North Carolina/South Carolina State boundary ... None +483 Unincorporated areas of Union County. Approximately 0.7 mile upstream of Circle Ranch Road None +641 (SR 2161). Tributary 1 ...... At the confluence with Lynches River ...... None +546 Unincorporated areas of Union County. Approximately 1,640 feet upstream of Trinity Church None +583 Road (SR 2166). Tributary 2 ...... At the confluence with Lynches River ...... None +609 Unincorporated areas of Union County. Approximately 0.5 mile upstream of the confluence None +619 with Lynches River. Maness Branch ...... Approximately 400 feet downstream of the Union/ None +436 Unincorporated areas of Anson County boundary. Union County. Approximately 1,020 feet upstream of Nance Tarlton None +493 Road (SR 1724). Maple Springs Branch ...... At the confluence with Beaverdam Creek ...... None +490 Unincorporated areas of Union County. Approximately 0.9 mile upstream of Faulks Church None +518 Road (SR 1947). Meadow Branch ...... At the confluence with Richardson Creek ...... None +433 Unincorporated areas of Union County, Town of Wingate. Approximately 970 feet downstream of Old Highway None +553 Road (SR 1740). Tributary 1 ...... At the confluence with Meadow Branch ...... None +490 Unincorporated areas of Union County. Approximately 0.7 mile upstream of McIntyre Road None +550 (SR 1631). Tributary 2 ...... At the confluence with Meadow Branch ...... None +503 Unincorporated areas of Union County. Approximately 180 feet downstream of Austin Chaney None +565 Road (SR 1758). Tributary 3 ...... At the confluence with Meadow Branch ...... None +505 Unincorporated areas of Union County. Approximately 240 feet downstream of Wade Rorie None +549 Road (SR 1788). Middle Fork ...... At the confluence with Rays Fork ...... None +492 Unincorporated areas of Union County, City of Monroe. Approximately 450 feet upstream of Old Monroe None +560 Marshville Road (SR 1957). Mill Creek ...... At the confluence with Richardson Creek ...... None +443 Unincorporated areas of Union County, Town of Unionville. Approximately 300 feet upstream of Supreme Drive ..... None +516 Mill Creek (South) ...... At the confluence with Lanes Creek ...... None +495 Unincorporated areas of Union County. Approximately 700 feet upstream of Budyler Road (SR None +545 2116). Mountain Springs Branch ... At the confluence with Wicker Branch ...... None +561 Unincorporated areas of Union County. Approximately 0.4 mile upstream of Joe Griffin Road None +593 (SR 1945). Mundys Run ...... At the confluence with Mundys Run ...... None +562 Town of Weddington. Tributary 1 ...... Approximately 1,130 feet upstream of Skytop Road ..... None +613 Norkett Branch ...... At the confluence with Lanes Creek ...... None +439 Unincorporated areas of Union County.

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

Approximately 1,510 feet downstream of Lansford None +482 Road (SR 1005). North Fork Crooked Creek At the confluence with Crooked Creek ...... +569 +570 Unincorporated areas of Union County, Town of Fairview, Town of Hemby Bridge, Town of Indian Trail, Town of Stallings. Approximately 850 feet upstream of Stevens Mill Road None +676 Tributary ...... At the confluence with North Fork Crooked Creek ...... +630 +632 Unincorporated areas of Union County, Town of Hemby Bridge, Town of Stallings. Approximately 0.7 mile upstream of Stevens Mill Road +659 +658 (SR 1524). Tributary 1 ...... Approximately 0.4 mile upstream of the confluence +589 +590 Unincorporated areas of with North Fork Crooked Creek. Union County, Town of Indian Trail. Approximately 0.5 mile upstream of Poplin Road (SR None +617 1508). Tributary 3 ...... At the confluence with North Fork Crooked Creek ...... +624 +622 Unincorporated areas of Union County, Town of Hemby Bridge, Town of Indian Trail. Approximately 1.0 mile upstream of Stinson Hartis None +657 Road. Tributary 4 ...... At the confluence with North Fork Crooked Creek ...... None +650 Unincorporated areas of Union County, Town of Indian Trail, Town of Stallings. Approximately 210 feet downstream of Union West None +667 Boulevard. Tributary 5 ...... At the confluence with North Fork Crooked Creek ...... None +664 Town of Stallings. Approximately 1,740 feet upstream of the confluence None +674 with North Fork Crooked Creek. Tributary 6 ...... At the confluence with North Fork Crooked Creek ...... None +643 Unincorporated areas of Union County, Town of Stallings. Approximately 1,850 feet upstream of Stallings Road .. None +720 Tributary A ...... At the confluence with North Fork Crooked Creek ...... +595 +598 Unincorporated areas of Union County, Town of Indian Trail. At the downstream side of Secrest Short Cut Road +623 +622 (State Road 1501). Tributary B ...... At the confluence with North Fork Crooked Creek Trib- +604 +602 Unincorporated areas of utary A. Union County, Town of Indian Trail. Approximately 850 feet upstream of Secrest Short Cut None +619 Road. Paddle Branch ...... Approximately 800 feet upstream of the confluence None +526 Unincorporated areas of with Goose Creek. Union County, Town of Indian Trail, Town of Stallings. Approximately 0.6 mile upstream of Flagstick Drive ..... None +635 Polecat Creek ...... At the North Carolina/South Carolina State boundary ... None +534 Unincorporated areas of Union County. Approximately 360 feet upstream of Irby Road (SR None +630 2170). Tributary 1 ...... At the confluence with Polecat Creek ...... None +588 Unincorporated areas of Union County. Approximately 0.6 mile upstream of Carl Belk Road None +610 (SR 2168). Price Mill Creek ...... At the confluence with East Fork Twelvemile Creek ..... +545 +548 Unincorporated Areas of Union County, Town of Indian Trail, Village of Wesley Chapel. Approximately 650 feet upstream of Kennerly Drive ..... None +650 Racoon Branch ...... At the confluence with Buffalo Creek ...... None +573 Unincorporated Areas of Union County.

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

Approximately 1.4 miles upstream of Trinity Church None +623 Road (SR 2166). Rays Fork ...... At the confluence with Richardson Creek ...... None +461 Unincorporated Areas of Union County, City of Monroe, Town of Wingate. Approximately 1,680 feet upstream of White Store None +607 Road (SR 1003). Reason Branch ...... At the confluence with Rocky River ...... None +362 Unincorporated Areas of Union County. Approximately 1.3 miles upstream of Morgan Academy None +461 Road (SR 1661). Reedy Branch ...... At the confluence with Beaverdam Creek ...... None +515 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of Camden Road (SR None +554 1934). Richardson Creek...... Approximately 450 feet downstream of the Anson/ None +294 Unincorporated Areas of Union County boundary. Union County, City of Monroe. Approximately 2.0 miles upstream of Griffith Road (SR None +635 2139). Tributary 1 ...... At the confluence with Richardson Creek ...... None +377 Unincorporated Areas of Union County. Approximately 180 feet upstream of Dusty Lane (SR None +394 1718). Tributary 2 ...... At the confluence with Richardson Creek ...... None +377 Unincorporated Areas of Union County. Approximately 1,390 feet upstream of the confluence None +399 with Richardson Creek. Tributary 3 ...... At the confluence with Richardson Creek ...... None +382 Unincorporated Areas of Union County. Approximately 0.4 mile upstream of the confluence None +397 with Richardson Creek. Tributary 4 ...... At the confluence with Richardson Creek ...... None +384 Unincorporated Areas of Union County. Approximately 1,050 feet upstream of the confluence None +395 with Richardson Creek. Tributary 5 ...... At the confluence with Richardson Creek ...... None +403 Unincorporated Areas of Union County. Approximately 830 feet upstream of New Salem Road None +506 (SR 1627). Tributary 6 ...... At the confluence with Richardson Creek ...... None +407 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of Tarlton Mill Road None +441 (SR 1649). Tributary 7 ...... At the confluence with Richardson Creek ...... None +416 Unincorporated Areas of Union County. Approximately 1.2 miles upstream of the confluence None +495 with Richardson Creek. Tributary A ...... At the confluence with Richardson Creek ...... None +298 Unincorporated Areas of Union County. Approximately 850 feet upstream of Fish Road (SR None +335 1706). Rocky River ...... At the Anson/Stanly/Union County boundary ...... None +302 Unincorporated Areas of Union County, Town of Fairview. At the confluence with Clear Creek ...... None +469 Tributary 5 ...... At the confluence with Rocky River ...... None +306 Unincorporated Areas of Union County. Approximately 1.5 miles upstream of the confluence None +364 with Rocky River. Tributary 6 ...... At the confluence with Rocky River ...... None +329 Unincorporated Areas of Union County. Approximately 1,180 feet upstream of Old Kennedy None +400 Ford Road. Tributary 7 ...... At the confluence with Rocky River ...... None +343 Unincorporated Areas of Union County. Approximately 500 feet downstream of Old Kennedy None +429 Ford Road (SR 1711).

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

Rone Branch Tributary 1 .... At the confluence with Rone Branch ...... None +515 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of the confluence None +560 with Rone Branch. Salem Creek ...... At the confluence with Richardson Creek ...... None +387 Unincorporated Areas of Union County Approximately 880 feet upstream of US Highway 74 .... None +519 Tributary 1 ...... At the confluence with Salem Creek ...... None +465 Unincorporated Areas of Union County. Approximately 840 feet upstream of Angel Desse Road None +516 Tributary 2 ...... At the confluence with Salem Creek ...... None +472 Unincorporated Areas of Union County, Town of Marshville. Approximately 900 feet downstream of Austin Grove None +510 Church Road. Sixmile Creek Tributary 2 ... At the confluence with Sixmile Creek ...... +593 +597 Unincorporated Areas of Union County. Approximately 1.2 miles upstream of the confluence None +633 with Sixmile Creek. Small Branch ...... At the confluence with South Fork Crooked Creek ...... +637 +639 Town of Indian Trail. Approximately 270 feet upstream of Waxhaw-Indian None +668 Road. Small Drain ...... At the confluence with Small Branch ...... None +657 Town of Indian Trail. Approximately 50 feet upstream of Unionville-Indian None +669 Trail Road. Smith Branch ...... At the confluence with Grapevine Creek ...... None +415 Unincorporated Areas of Union County. Approximately 930 feet upstream of Marshville Olive None +466 Branch Road (SR 1719). South Fork Crooked Creek At the confluence with Crooked Creek ...... +569 +570 Unincorporated Areas of Union County, City of Monroe, Town of Fair- view, Town of Indian Trail, Town of Stallings, Town of Unionville. Approximately 1,900 feet upstream of Kelly Drive ...... None +759 Tributary 1 ...... At the confluence with South Fork Crooked Creek ...... +573 +574 Town of Unionville. Approximately 930 feet upstream of Unionville-Indian None +602 Trail Road. Tributary 2 ...... At the confluence with South Fork Crooked Creek ...... +588 +589 Unincorporated Areas of Union County. Approximately 900 feet upstream of Unionville-Indian None +603 Trail Road. Tributary 3 ...... At the confluence with South Fork Crooked Creek ...... +612 +614 Unincorporated Areas of Union County, Town of Indian Trail. Approximately 610 feet upstream of the railroad ...... None +640 Tributary 4 ...... Approximately 750 feet upstream of the confluence +622 +623 Unincorporated Areas of with South Fork Crooked Creek. Union County, Town of Indian Trail. Approximately 190 feet upstream of Sun Valley Drive .. None +629 Tributary 5 ...... At the confluence with South Fork Crooked Creek ...... +627 +629 Town of Indian Trail, Vil- lage of Lake Park. Approximately 700 feet upstream of Brooktree Lane .... None +638 Tributary 5A ...... At the confluence with South Fork Crooked Creek Trib- None +631 Town of Indian Trail, Vil- utary 5. lage of Lake Park. Approximately 1,050 feet upstream of Lake Park Road None +643 Tributary 6 ...... At the confluence with South Fork Crooked Creek ...... +629 +631 Town of Indian Trail. Approximately 0.4 mile upstream of Unionville-Indian None +640 Trail Road. Stegall Branch ...... At the confluence with Richardson Creek ...... None +357 Unincorporated Areas of Union County. Approximately 1.1 miles upstream of the confluence None +416 with Richardson Creek. Stewarts Creek ...... At the confluence with Richardson Creek ...... None +454 Unincorporated Areas of Union County, City of Monroe. Approximately 280 feet downstream of Myers Road ..... None +625

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

Tributary 1 ...... Approximately 1,000 feet upstream of the confluence None +526 City of Monroe. with Stewarts Creek. Approximately 650 feet upstream of Sunnybrook Drive None +567 Tributary 2 ...... Approximately 650 feet upstream of the confluence None +545 Unincorporated Areas of with Stewarts Creek. Union County, City of Monroe. Approximately 480 feet upstream of Rolling Hills Drive None +561 Tributary 3 ...... Approximately 550 feet upstream of the confluence None +549 City of Monroe. with Stewarts Creek. Approximately 230 feet downstream of Fox Hunt Drive None +572 Tributary 4 ...... Approximately 600 feet upstream of the confluence None +606 City of Monroe. with Stewarts Creek. Approximately 0.5 mile upstream of the confluence None +619 with Stewarts Creek. Still Branch ...... At the confluence with Richardson Creek ...... None +514 City of Monroe. Approximately 0.5 mile upstream of the confluence None +521 with Richardson Creek. Stumplick Branch ...... Approximately 250 feet upstream of the confluence None +507 Unincorporated Areas of with Stewarts Creek. Union County, Town of Unionville. Approximately 560 feet downstream of C. J. Thomas None +596 Road. Tributary 1 ...... At the confluence with Stumplick Branch ...... None +573 Town of Unionville. Approximately 0.5 mile upstream of Hillcrest Church None +600 Road. Wallace Branch ...... At the confluence with Little Brown Creek ...... None +393 Unincorporated Areas of Union County. Approximately 1.2 miles upstream of Cheraw Road None +496 (SR 1929). Water Branch ...... At the confluence with Richardson Creek ...... None +310 Unincorporated Areas of Union County. Approximately 0.8 mile upstream of NC Highway 218 .. None +462 Tributary 1 ...... At the confluence with Water Branch ...... None +372 Unincorporated Areas of Union County. Approximately 0.5 mile upstream of the confluence None +395 with Water Branch. Watson Creek ...... At the confluence with Richardson Creek ...... None +412 Unincorporated Areas of Union County. Approximately 1,410 feet upstream of Baucom Road ... None +516 Waxhaw Branch ...... At the confluence with Lanes Creek ...... None +456 Unincorporated Areas of Union County. Approximately 0.9 mile upstream of Synder Store None +593 Road (SR 1945). Tributary 1 ...... At the confluence with Waxhaw Branch ...... None +505 Unincorporated Areas of Union County. Approximately 0.5 mile upstream of Edwards Road None +534 (SR 1943). Wicker Branch ...... At the confluence with Lanes Creek ...... None +475 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of US Highway 601 .. None +597 Wide Mouth Branch ...... At the Anson/Union County boundary ...... None +406 Unincorporated Areas of Union County. Approximately 510 feet upstream of Old Peachland None +493 Street (SR 1735).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Monroe Maps are available for inspection at City of Monroe Planning Department, 300 West Crowell Street, Monroe, North Carolina. Send comments to The Honorable Bobby Kilgore, Mayor of the City of Monroe, 300 West Crowell Street, Monroe, North Carolina 28112. Town of Fairview Maps are available for inspection at Fairview Town Hall, 7608 Concord Highway, Monroe, North Carolina. Send comments to The Honorable Richard Williams, Mayor of the Town of Fairview, 1519 Highway 218 East, Monroe, North Carolina 28110. Town of Hemby Bridge Maps are available for inspection at Hemby Bridge Town Hall, 5811 Fairview-Indian Trail Road, Hemby Bridge, North Carolina.

VerDate Aug<31>2005 19:03 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM 25JYP1 mstockstill on PROD1PC66 with PROPOSALS Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules 40805

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

Send comments to The Honorable James Simpson, Jr., Mayor of the Town of Hemby Bridge, 7310 Secrest Shortcut Road, Indian Trail, North Carolina 28079. Town of Indian Trail Maps are available for inspection at Indian Trail Planning Department, 109 Navejo Trail Road, Indian Trail, North Carolina. Send comments to The Honorable Sandy Moore, Mayor of the Town of Indian Trail, 4900 Pioneer Lane, Indian Trail, North Carolina 28079. Town of Marshville Maps are available for inspection at Marshville Town Hall, 201 West Main Street, Marshville, North Carolina. Send comments to The Honorable Frank Deese, Mayor of the Town of Marshville, 201 West Main Street, Marshville, North Carolina 28103. Town of Mineral Springs Maps are available for inspection at Town of Mineral Springs Volunteer Fire and Rescue Department, 5804 Waxhaw Highway, Mineral Springs, North Carolina. Send comments to The Honorable Rick Becker, Mayor of the Town of Mineral Springs, 6603 Sadler Road, Waxhaw, North Carolina 28173. Town of Stallings Maps are available for inspection at Stallings Town Hall, 315 Stallings Road, Stallings, North Carolina. Send comments to The Honorable Lynda Paxton, Mayor of the Town of Stallings, 112 Eaglecrest Drive, Stallings, North Carolina 28104. Town of Unionville Maps are available for inspection at Unionville Town Hall, 1102 Unionville Church Road, Monroe, North Carolina. Send comments to The Honorable Larry Simpson, Mayor of the Town of Unionville, 4108 Briarcliff Drive, Monroe, North Carolina 28110. Town of Waxhaw Maps are available for inspection at Waxhaw Town Hall, 317 North Broome Street, Waxhaw, North Carolina. Send comments to The Honorable Gary Underwood, Mayor of the Town of Waxhaw, P.O. Box 6, Waxhaw, North Carolina 28173. Town of Weddington Maps are available for inspection at Weddington Town Hall, 1924 Weddington Road, Weddington, North Carolina. Send comments to he Honorable Nancy Anderson, Mayor of the Town of Weddington, 1924 Weddington Road, Weddington, North Carolina 28104. Town of Wingate Maps are available for inspection at Wingate Town Hall, 3918 Highway 74 East, Wingate, North Carolina. Send comments to The Honorable Tony E. Maye, Mayor of the Town of Wingate, P.O. Box 234, Wingate, North Carolina 28174. Unincorporated Areas of Union County Maps are available for inspection at Union County Planning Department, 407 North Main Street, Room 149, Monroe, North Carolina. Send comments to Mr. Richard Black, Union County Manager, 500 North Main Street, Room 925, Monroe, North Carolina 28112.

Watauga County, North Carolina and Incorporated Areas

Beech Creek ...... At the confluence with Watauga River ...... None +2,446 Unincorporated Areas of Watauga County. Approximately 1,080 feet upstream of the confluence None +2,776 of Buckeye Creek. Brushy Fork ...... Approximately 100 feet downstream of U.S. 421 High- +2,723 +2,724 Unincorporated Areas of way N. Watauga County. Approximately 700 feet upstream of Adams Cemetery None +2,893 Road (State Road 1375). Buckeye Creek ...... At the confluence with Beech Creek ...... None +2,731 Unincorporated Areas of Watauga County. Approximately 0.7 mile upstream of Blevins Road ...... None +2,940 Cove Creek ...... At the confluence with Watauga River ...... +2,633 +2,637 Unincorporated Areas of Watauga County. Approximately 620 feet upstream of Hill Road ...... None +3,083 Laurel Fork ...... At the confluence with Watauga River ...... +2,740 +2,739 Unincorporated Areas of Watauga County, Town of Boone. Approximately 1,400 feet upstream of George Wilson None +3,357 Road. Watauga River ...... At the Watauga County boundary ...... None +2,142 Unincorporated Areas of Watauga County. Approximately 30 feet upstream of The Glens Boule- +3,598 +3,596 vard.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Boone Maps are available for inspection at the Town of Boone Planning and Inspections Office, 1500 Blowing Rock Road, Boone, North Carolina. Send comments to The Honorable Loretta Clawson, Mayor of the Town of Boone, P.O. Drawer 192, Boone, North Carolina 28607.

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

Unincorporated Areas of Watauga County Maps are available for inspection at the Watauga County Planning & Inspections Department, 331 Queen Street, Suite 8, Boone, North Caro- lina. Send comments to Mr. Jim Deal, Chairman of the Watauga County Board of Commissioners, 814 West King Street, Suite 204, Boone, North Carolina 28607.

(Catalog of Federal Domestic Assistance No. newspaper of local circulation in each excluded from the requirements of 44 97.022, ‘‘Flood Insurance.’’) community. CFR part 10, Environmental Dated: July 16, 2007. ADDRESSES: The proposed BFEs for each Consideration. An environmental David I. Maurstad, community are available for inspection impact assessment has not been Federal Insurance Administrator of the at the office of the Chief Executive prepared. National Flood Insurance Program, Officer of each community. The Regulatory Flexibility Act. As flood Department of Homeland Security, Federal respective addresses are listed in the elevation determinations are not within Emergency Management Agency. table below. the scope of the Regulatory Flexibility [FR Doc. 07–3615 Filed 7–24–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: Act, 5 U.S.C. 601–612, a regulatory BILLING CODE 9110–12–P William R. Blanton, Jr., Engineering flexibility analysis is not required. Management Section, Mitigation Regulatory Classification. This Directorate, Federal Emergency proposed rule is not a significant DEPARTMENT OF HOMELAND Management Agency, 500 C Street, SW., regulatory action under the criteria of SECURITY Washington, DC 20472, (202) 646–3151. section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Federal Emergency Management SUPPLEMENTARY INFORMATION: The Planning and Review, 58 FR 51735. Agency Federal Emergency Management Agency (FEMA) proposes to make Executive Order 13132, Federalism. 44 CFR Part 67 determinations of BFEs and modified This proposed rule involves no policies BFEs for each community listed below, that have federalism implications under in accordance with section 110 of the Executive Order 13132. [Docket No. FEMA–B–7726] Flood Disaster Protection Act of 1973, Executive Order 12988, Civil Justice Proposed Flood Elevation 42 U.S.C. 4104, and 44 CFR 67.4(a). Reform. This proposed rule meets the These proposed BFEs and modified Determinations applicable standards of Executive Order BFEs, together with the floodplain 12988. AGENCY: Federal Emergency management criteria required by 44 CFR List of Subjects in 44 CFR Part 67 Management Agency, DHS. 60.3, are the minimum that are required. They should not be construed to mean ACTION: Proposed rule. Administrative practice and that the community must change any procedure, Flood insurance, Reporting SUMMARY: Technical information or existing ordinances that are more and recordkeeping requirements. comments are requested on the stringent in their floodplain Accordingly, 44 CFR part 67 is proposed Base (1% annual chance) management requirements. The proposed to be amended as follows: Flood Elevations (BFEs) and proposed community may at any time enact BFEs modifications for the communities stricter requirements of its own, or PART 67—[AMENDED] listed below. The BFEs are the basis for pursuant to policies established by other 1. The authority citation for part 67 the floodplain management measures Federal, State or regional entities. These continues to read as follows: that the community is required either to proposed elevations are used to meet adopt or to show evidence of being the floodplain management Authority: 42 U.S.C. 4001 et seq.; already in effect in order to qualify or requirements of the NFIP and are also Reorganization Plan No. 3 of 1978, 3 CFR, remain qualified for participation in the used to calculate the appropriate flood 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, National Flood Insurance Program insurance premium rates for new 3 CFR, 1979 Comp., p. 376. (NFIP). buildings built after these elevations are made final, and for the contents in these § 67.4 [Amended] DATES: The comment period is ninety buildings. 2. The tables published under the (90) days following the second National Environmental Policy Act. authority of § 67.4 are proposed to be publication of this proposed rule in a This proposed rule is categorically amended as follows:

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

Jefferson County, Arkansas, and Incorporated Areas

Harding Drain ...... Approx. 400′ downstream of US Highway 65 ...... +205 +208 City of Pine Bluff.

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

At confluence of Outlet Canal ...... +205 +208 Outlet Canal ...... Approx. 500′ upstream of the confluence of Outlet +203 +208 City of Pine Bluff. Canal Tributary A. At confluence with Harding Drain ...... +205 +208 Pitts Drain ...... At confluence with Outlet Canal ...... +204 +208 City of Pine Bluff. At S Ohio Street ...... +208 +208

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Pine Bluff Maps are available for inspection at 200 East 8th Avenue, Pine Bluff, AR 71601. Send comments to The Honorable Carl Redus, Jr., Mayor, 200 East 8th Avenue, Suite 201, Pine Bluff, AR 71601.

Sebastian County, Arkansas, and Incorporated Areas

Adamson Creek ...... Intersection with S Coker St ...... +492 +494 City of Greenwood, Sebas- tian County (Unincor- porated Areas). Approximately 2000 feet upstream of Highway 71 ...... None +533 Heartsill Creek ...... Intersection with W Denver Street ...... +506 +510 City of Greenwood, Sebas- tian County (Unincor- porated Areas). Approximately 180 feet downstream of Hester Cut Rd. None +575 Intersection. Tributary 1 ...... Confluence with Heartsill Creek ...... None +525 City of Greenwood. Approximately 700 feet upstream of Meadow Bridge None +547 Dr. intersection. Hester Creek ...... Approximately 280 feet upstream of W Center St. +505 +510 City of Greenwood, Sebas- Intersection. tian County (Unincor- porated Areas). Approximately 600 feet upstream of Hester Cut Rd ...... None +547 Vache Grasse Creek ...... Approximately 5200 feet downstream of AR 10 ...... None +484 City of Greenwood, Sebas- tian County (Unincor- porated Areas). Approximately 1800 feet upstream of Steward Ct Inter- None +541 section.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Greenwood Maps are available for inspection at 35 South 6th St., Fort Smith, AR 72901. Send comments to The Honorable Kenneth Edward Jr., Mayor, P.O. Box 1450, Greenwood, AR 72936. Sebastian County (Unincorporated Areas) Maps are available for inspection at 35 South 6th Street, Fort Smith, AR 72901. Send comments to The Honorable David Hudson, County Judge, 35 South 6th, Ste. 106, Fort Smith, AR 72901.

Breckinridge County, Kentucky, and Incorporated Areas

Ohio River ...... Hancock County Boundary (Approximately 6,900 feet None +407 City of Cloverport, Breckin- downstream of Confluence with Clover Creek). ridge County (Unincor- porated Areas). Meade County Boundary (Approximately 7,400 feet up- None +418 stream of Confluence with Ohio River Tributary 1).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Cloverport Maps are available for inspection at 212 West Main Street, Cloverport, KY 40111. Send comments to The Honorable Dan Allen, Mayor, City of Cloverport, 212 West Main Street, Cloverport, KY 40111. Breckinridge County (Unincorporated Areas) Maps are available for inspection at 111 West Second Street, Hardinsburg, KY 40143.

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

Send comments to The Honorable Joseph Powers, Jr., Breckinridge County Judge Executive, 111 West Second Street, Hardinsburg, KY 40143.

Christian County, Kentucky, and Incorporated Areas

Little River ...... Approximately 250 feet upstream of Huffman Mill Road None +495 Christian County (Unincor- porated Areas). At confluence with North Fork Little River and South None +505 Fork Little River. Montgomery Branch ...... Approximately 1,000 feet upstream of Louisville and None +559 City of Hopkinsville, Pem- Nashville Railroad. broke, Christian County (Unincorporated Areas). Approximately 1,500 feet downstream of Frank Yost None +592 Lane. North Fork Little River ...... At confluence with Little River and South Fork Little None +505 City of Hopkinsville, Chris- River. tian County (Unincor- porated Areas). Approximately 1,000 feet upstream of Edward T. None +535 Breathitt Parkway. Rock Bridge Branch ...... At confluence with South Fork Little River ...... None +507 City of Hopkinsville, Chris- tian County (Unincor- porated Areas). Approximately 3,600 feet upstream of Bradshaw Road None +572 Sanderson Creek ...... At confluence with North Fork Little River ...... +523 +525 City of Hopkinsville, Chris- tian County (Unincor- porated Areas). Approximately 2,200 feet upstream of KY–1682 ...... None +553 Sinkhole 1 ...... Flooding Due to Sinkhole ...... None +552 City of Oak Grove. Sinkhole 10 ...... Flooding Due to Sinkhole ...... None +548 City of Oak Grove. Sinkhole 10A ...... Flooding Due to Sinkhole ...... None +545 City of Hopkinsville. Sinkhole 11 ...... Flooding Due to Sinkhole ...... None +548 City of Oak Grove. Sinkhole 11A ...... Flooding Due to Sinkhole ...... None +548 City of Hopkinsville. Sinkhole 12 ...... Flooding Due to Sinkhole ...... None +545 City of Oak Grove. Flooding Due to Sinkhole ...... None +545 Sinkhole 12A ...... Flooding Due to Sinkhole ...... None +540 City of Hopkinsville. Sinkhole 13 ...... Flooding Due to Sinkhole ...... None +544 City of Oak Grove. Sinkhole 13A ...... Flooding Due to Sinkhole ...... None +535 City of Hopkinsville. Sinkhole 14 ...... Flooding Due to Sinkhole ...... None +546 City of Oak Grove. Sinkhole 14A ...... Flooding Due to Sinkhole ...... None +539 City of Hopkinsville. Sinkhole 15 ...... Flooding Due to Sinkhole ...... None +546 City of Oak Grove. Sinkhole 15A ...... Flooding Due to Sinkhole ...... None +544 City of Hopkinsville. Sinkhole 16 ...... Flooding Due to Sinkhole ...... None +544 City of Oak Grove. Sinkhole 16A ...... Flooding Due to Sinkhole ...... None +555 City of Hopkinsville. Sinkhole 17 ...... Flooding Due to Sinkhole ...... None +542 City of Oak Grove. Sinkhole 18 ...... Flooding Due to Sinkhole ...... None +540 City of Oak Grove. Sinkhole 18A ...... Flooding Due to Sinkhole ...... None +523 City of Hopkinsville. Sinkhole 19 ...... Flooding Due to Sinkhole ...... None +535 City of Oak Grove. Sinkhole 19A ...... Flooding Due to Sinkhole ...... None +519 City of Hopkinsville. Sinkhole 1A ...... Flooding Due to Sinkhole ...... None +568 Christian County (Unincor- porated Areas). Sinkhole 2 ...... Flooding Due to Sinkhole ...... None +546 City of Oak Grove. Sinkhole 20 ...... Flooding Due to Sinkhole ...... None +539 City of Oak Grove. Sinkhole 20A ...... Flooding Due to Sinkhole ...... None +522 City of Hopkinsville. Sinkhole 21 ...... Flooding Due to Sinkhole ...... None +534 City of Oak Grove. Sinkhole 21A ...... Flooding Due to Sinkhole ...... None +537 Christian County (Unincor- porated Areas). Sinkhole 22 ...... Flooding Due to Sinkhole ...... None +533 City of Oak Grove. Sinkhole 22A ...... Flooding Due to Sinkhole ...... None +534 Christian County (Unincor- porated Areas). Sinkhole 23 ...... Flooding Due to Sinkhole ...... None +540 City of Oak Grove. Sinkhole 24 ...... Flooding Due to Sinkhole ...... None +558 City of Oak Grove. Sinkhole 25 ...... Flooding Due to Sinkhole ...... None +549 City of Oak Grove. Sinkhole 26 ...... Flooding Due to Sinkhole ...... None +561 City of Oak Grove. Flooding Due to Sinkhole ...... None +561 Sinkhole 27 ...... Flooding Due to Sinkhole ...... None +552 City of Oak Grove. Sinkhole 28 ...... Flooding Due to Sinkhole ...... None +552 City of Oak Grove. Sinkhole 29 ...... Flooding Due to Sinkhole ...... None +552 City of Oak Grove. Sinkhole 2A ...... Flooding Due to Sinkhole ...... None +556 Christian County (Unincor- porated Areas). Sinkhole 3 ...... Flooding Due to Sinkhole ...... None +543 City of Oak Grove.

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

Sinkhole 30 ...... Flooding Due to Sinkhole ...... None +551 City of Oak Grove. Sinkhole 31 ...... Flooding Due to Sinkhole ...... None +550 City of Oak Grove. Sinkhole 32 ...... Flooding Due to Sinkhole ...... None +553 City of Oak Grove. Sinkhole 33 ...... Flooding Due to Sinkhole ...... None +554 City of Oak Grove. Sinkhole 34 ...... Flooding Due to Sinkhole ...... None +557 City of Oak Grove. Sinkhole 35 ...... Flooding Due to Sinkhole ...... None +554 City of Oak Grove. Sinkhole 36 ...... Flooding Due to Sinkhole ...... None +547 City of Oak Grove. Sinkhole 37 ...... Flooding Due to Sinkhole ...... None +542 City of Oak Grove. Sinkhole 38 ...... Flooding Due to Sinkhole ...... None +552 City of Oak Grove. Sinkhole 39 ...... Flooding Due to Sinkhole ...... None +542 City of Oak Grove. Sinkhole 3A ...... Flooding Due to Sinkhole ...... None +530 Christian County (Unincor- porated Areas). Sinkhole 4 ...... Flooding Due to Sinkhole ...... None +548 City of Oak Grove. Sinkhole 40 ...... Flooding Due to Sinkhole ...... None +542 City of Oak Grove. Sinkhole 41 ...... Flooding Due to Sinkhole ...... None +552 City of Oak Grove. Sinkhole 42 ...... Flooding Due to Sinkhole ...... None +549 City of Oak Grove. Sinkhole 43 ...... Flooding Due to Sinkhole ...... None +546 City of Oak Grove, Chris- tian County (Unincor- porated Areas). Sinkhole 44 ...... Flooding Due to Sinkhole ...... None +560 City of Oak Grove. Sinkhole 45 ...... Flooding Due to Sinkhole ...... None +564 City of Oak Grove. Sinkhole 46 ...... Flooding Due to Sinkhole ...... None +563 City of Oak Grove. Sinkhole 47 ...... Flooding Due to Sinkhole ...... None +541 City of Oak Grove. Sinkhole 48 ...... Flooding Due to Sinkhole ...... None +556 City of Oak Grove. Sinkhole 49 ...... Flooding Due to Sinkhole ...... None +560 City of Oak Grove. Sinkhole 4A ...... Flooding Due to Sinkhole ...... None +537 Christian County (Unincor- porated Areas). Sinkhole 5 ...... Flooding Due to Sinkhole ...... None +543 City of Oak Grove. Sinkhole 50 ...... Flooding Due to Sinkhole ...... None +558 City of Oak Grove. Sinkhole 51 ...... Flooding Due to Sinkhole ...... None +560 City of Oak Grove. Sinkhole 52 ...... Flooding Due to Sinkhole ...... None +567 City of Oak Grove. Sinkhole 53 ...... Flooding Due to Sinkhole ...... None +569 City of Oak Grove. Sinkhole 54 ...... Flooding Due to Sinkhole ...... None +569 City of Oak Grove. Sinkhole 55 ...... Flooding Due to Sinkhole ...... None +568 City of Oak Grove. Sinkhole 56 ...... Flooding Due to Sinkhole ...... None +530 City of Oak Grove. Sinkhole 57 ...... Flooding Due to Sinkhole ...... None +532 City of Oak Grove. Sinkhole 58 ...... Flooding Due to Sinkhole ...... None +549 City of Oak Grove. Sinkhole 59 ...... Flooding Due to Sinkhole ...... None +567 City of Oak Grove. Sinkhole 5A ...... Flooding Due to Sinkhole ...... None +542 Christian County (Unincor- porated Areas). Sinkhole 6 ...... Flooding Due to Sinkhole ...... None +549 City of Oak Grove. Sinkhole 60 ...... Flooding Due to Sinkhole ...... None +558 City of Oak Grove. Sinkhole 61 ...... Flooding Due to Sinkhole ...... None +584 City of Oak Grove. Sinkhole 62 ...... Flooding Due to Sinkhole ...... None +590 City of Oak Grove. Sinkhole 66 ...... Flooding Due to Sinkhole ...... None +501 City of Oak Grove, Chris- tian County (Unincor- porated Areas). Sinkhole 67 ...... Flooding Due to Sinkhole ...... None +507 City of Oak Grove, Chris- tian County (Unincor- porated Areas). Sinkhole 68 ...... Flooding Due to Sinkhole ...... None +504 City of Oak Grove, Chris- tian County (Unincor- porated Areas). Sinkhole 69 ...... Flooding Due to Sinkhole ...... None +509 City of Oak Grove. Sinkhole 6A ...... Flooding Due to Sinkhole ...... None +557 Christian County (Unincor- porated Areas), City of Hopkinsville. Sinkhole 7 ...... Flooding Due to Sinkhole ...... None +554 City of Oak Grove. Flooding Due to Sinkhole ...... None +554 Sinkhole 70 ...... Flooding Due to Sinkhole ...... None +512 City of Oak Grove. Sinkhole 73 ...... Flooding Due to Sinkhole ...... None +568 City of Oak Grove. Sinkhole 74 ...... Flooding Due to Sinkhole ...... None +580 City of Oak Grove. Sinkhole 75 ...... Flooding Due to Sinkhole ...... None +577 City of Oak Grove. Sinkhole 76 ...... Flooding Due to Sinkhole ...... None +544 City of Oak Grove. Sinkhole 77 ...... Flooding Due to Sinkhole ...... None +537 City of Oak Grove. Sinkhole 78 ...... Flooding Due to Sinkhole ...... None +560 Christian County (Unincor- porated Areas). Sinkhole 79 ...... Flooding Due to Sinkhole ...... None +577 Christian County (Unincor- porated Areas).

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

Sinkhole 7A ...... Flooding Due to Sinkhole ...... None +563 Christian County (Unincor- porated Areas). Sinkhole 8 ...... Flooding Due to Sinkhole ...... None +553 City of Oak Grove. Sinkhole 80 ...... Flooding Due to Sinkhole ...... None +555 City of Oak Grove. Sinkhole 81 ...... Flooding Due to Sinkhole ...... None +526 Christian County (Unincor- porated Areas). Sinkhole 82 ...... Flooding Due to Sinkhole ...... None +474 City of Oak Grove, Chris- tian County (Unincor- porated Areas). Sinkhole 83 ...... Flooding Due to Sinkhole ...... None +533 City of Oak Grove. Sinkhole 84 ...... Flooding Due to Sinkhole ...... None +536 City of Oak Grove. Sinkhole 85 ...... Flooding Due to Sinkhole ...... None +537 City of Oak Grove. Sinkhole 86 ...... Flooding Due to Sinkhole ...... None +538 City of Oak Grove. Sinkhole 87 ...... Flooding Due to Sinkhole ...... None +534 City of Oak Grove. Sinkhole 88 ...... Flooding Due to Sinkhole ...... None +543 City of Oak Grove. Sinkhole 89 ...... Flooding Due to Sinkhole ...... None +541 City of Oak Grove. Sinkhole 8A ...... Flooding Due to Sinkhole ...... None +563 City of Oak Grove. Sinkhole 9 ...... Flooding Due to Sinkhole ...... None +547 City of Oak Grove. Sinkhole 90 ...... Flooding Due to Sinkhole ...... None +539 City of Oak Grove. Sinkhole 91 ...... Flooding Due to Sinkhole ...... None +543 City of Oak Grove. Sinkhole 92 ...... Flooding Due to Sinkhole ...... None +544 City of Oak Grove. Sinkhole 93 ...... Flooding Due to Sinkhole ...... None +541 City of Oak Grove. Sinkhole 94 ...... Flooding Due to Sinkhole ...... None +547 City of Oak Grove. Sinkhole 95 ...... Flooding Due to Sinkhole ...... None +541 City of Oak Grove. Sinkhole 96 ...... Flooding Due to Sinkhole ...... None +550 City of Oak Grove. Sinkhole 9A ...... Flooding Due to Sinkhole ...... None +537 City of Hopkinsville. Sinkhole I–24 ...... Flooding Due to Sinkhole ...... None +561 City of Oak Grove, Chris- tian County (Unincor- porated Areas). Sinkhole Main Sink ...... Flooding Due to Sinkhole ...... None +529 City of Oak Grove, Chris- tian County (Unincor- porated Areas). Sinkhole NF ...... Flooding Due to Sinkhole ...... None +522 City of Hopkinsville. Sinkhole North West ...... Flooding Due to Sinkhole ...... None +569 City of Oak Grove. Sinkhole South West ...... Flooding Due to Sinkhole ...... None +530 City of Oak Grove, Chris- tian County (Unincor- porated Areas). South Fork Little River ...... At confluence with Little River and North Fork Little None +505 City of Hopkinsville, Chris- River. tian County (Unincor- porated Areas). Approximately 680 feet downstream of Dr. Martin Lu- None +541 ther King Jr. Way. South Fork Little River Trib- Approximately 150 feet downstream of Dr. Martin Lu- None +537 City of Hopkinsville, Chris- utary. ther King Jr. Way. tian County (Unincor- porated Areas). Approximately 780 feet upstream of Harry Berry Lane None +557 White Creek ...... At confluence with Little River and North Fork Little None +533 City of Hopkinsville, Chris- River. tian County (Unincor- porated Areas). Approximately 170 feet upstream of Madisonville Road None +540

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Hopkinsville Maps are available for inspection at 101 North Main Street, Hopkinsville, KY 42240. Send comments to The Honorable J. Daniel Kemp, Mayor, City of Hopkinsville, 101 North Main Street, Hopkinsville, KY 42240. City of Oak Grove Maps are available for inspection at 8505 Pembroke Oak Grove Road, Oak Grove, KY 42262. Send comments to The Honorable Daniel Potter, Mayor, City of Oak Grove, 8505 Pembroke Oak Grove Road, Oak Grove, KY 42262. Pembroke Maps are available for inspection at 101 North Main Street, Hopkinsville, KY 42240. Send comments to The Honorable Fred Shelton, Mayor, City of Pembroke, 222 South Main Street, Pembroke, KY 42266. Christian County (Unincorporated Areas) Maps are available for inspection at 101 North Main Street, Hopkinsville, KY 42240. Send comments to The Honorable Steve Tribble, Christian County Judge Executive, 515 Weber Street, Hopkinsville, KY 42240.

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

Lincoln Parish, Louisiana, and Incorporated Areas

Choudrant Creek ...... Confluence with Choudrant Creek Trib. 3 ...... None +136 Lincoln Parish (Unincor- porated Areas). Approximately 1550 Feet from upstream of confluence None +185 with Choudrant creek trib. 6. Tributary 6 ...... Confluence with Choudrant Creek ...... None +185 Lincoln Parish (Unincor- porated Areas). Approximately 1250 feet upstream of confluence with None +215 Choudrant Creek trib.6.1. Colvin Creek ...... Confluence with Cypress Creek ...... None +120 Lincoln Parish (Unincor- porated Areas), Town of Vienna. Approximately 2,080 feet upstream of confluence with None +182 Colvin Creek Tributary 3. Tributary 2 ...... Confluence with Colvin Creek ...... None +167 Lincoln Parish (Unincor- porated Areas). Approximately 905 feet upstream of Frazier Road ...... None +188 Cypress Creek ...... Confluence with Cypress Creek tributary 8 ...... None +161 Lincoln Parish (Unincor- porated Areas), Town of Vienna. Confluence with Cypress Creek Tributary 15 ...... None +206 Madden Creek Tributary 5 Approximately 320 feet Upstream of 2nd street ...... None +286 Village of Simsboro. Confluence with Madden Creek ...... None +301 Redwine Creek...... Approximately 4410 feet upstream of Facilities/agri- None +231 Village of Grambling, Lin- culture drive. coln Parish (Unincor- porated Areas). Confluence with Redwine Creek Tributary 6 ...... None +286 Tributary 6 ...... Confluence with Redwine Creek ...... None +286 Village of Grambling. Approximately 1100 feet upstream of Cornwell Dr ...... None +311

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Vienna Maps are available for inspection at 5168 Highway 167, Ruston, LA 71270. Send comments to The Honorable Randy Graham, Mayor, P.O. Box 980, Ruston, LA 71273. Lincoln Parish (Unincorporated Areas) Maps are available for inspection at 100 West Texas Avenue, Ruston, LA 71270. Send comments to Dennis Woodward, Parish Administrator and FPA, P.O. Box 979, Ruston, LA 71273. Village of Grambling Maps are available for inspection at 2045 Martin Luther King Jr. Ave., Grambling, LA 71245. Send comments to The Honorable Martha Andrus, Mayor, PO Box 108, Grambling, LA 71245. Village of Simsboro Maps are available for inspection at 2742 Martha St., Simsboro, LA 71275. Send comments to The Honorable Willie Hendricks, Mayor, PO Box 40, Simsboro, LA 71275.

Livingston County, Michigan, and Incorporated Areas

Bogue Creek ...... Approximately 1,200 feet upstream of confluence of None +842 Township of Cohoctah, South Branch Shiawassee River. Township of Howell, Township of Oceola. Approximately 2 miles upstream of Curdy Road ...... None +885 Conway Drain No. 1 ...... Downstream side of W Allen Road ...... None +880 Township of Conway. Upstream side of Sherwood Road ...... None +885 Fonda Lake ...... Entire shoreline of Fonda Lake ...... None +898 Township of Brighton. Halfmoon Lake ...... Entire shoreline of Halfmoon Lake ...... None +885 Township of Unadilla. Handy Drain No. 5 ...... Approximately 1,600 feet upstream of Converse Road None +880 Township of Handy. Approximately 90 feet downstream side of I–96 (East None +893 Bound). Handy Iosco Drain No. 1 .... Approximately 1,100 feet downstream of Layton Road None +888 Township of Handy, Town- ship of Howell, Township of Iosco. Upstream side of Mason Road ...... None +907 Island Lake ...... Entire shoreline of Island Lake ...... None +889 Township of Brighton.

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

Marion and Genoa Drain.... Approximately 525 feet upstream of confluence of None +882 Township of Marion, City of South Branch Shiawassee River. Howell, Township of Genoa. Approximately 80 feet upstream of Beck Road ...... None +913 Middle Branch Red Cedar Approximately 1,200 feet upstream of the confluence None +886 Township of Handy, Town- River. of Red Cedar River. ship of Iosco Upstream side of W Coon Lake Road...... None +894 Mirror Lake ...... Entire Shoreline of Mirror Lake ...... None +901 Township of Green Oak. Patterson Lake ...... Entire shoreline of Patterson Lake ...... None +886 Township of Unadilla. Portage Lake ...... Entire shoreline of Portage Lake ...... None +852 Township of Hamburg. Red Cedar River ...... Approximately 150 feet downstream of N Nicholson None +880 Township of Conway, Road. Township of Handy, Township of Howell, Township of Marion, Vil- lage of Fowlerville. Approximately 90 feet upstream of W Coon Lake Road None +934 South Branch Shiawassee Approximately 280 feet downstream of Oak Grove None +850 Township of Cohoctah, River. Road. Township of Howell. Approximately 0.7 mile downstream of Bowen Road .... None +864 Thompson Lake ...... Entire shoreline of Thompson Lake ...... None +907 Township of Oceola. Tributary to North Ore Approximately 1,400 feet upstream of Clyde Road ...... None +911 Township of Hartland, Creek. Township of Oceola. Upstream side of N Hacker Road ...... None +1002 Tributary to Red Cedar Confluence of Red Cedar River and Tributary to Red +884 +883 Village of Fowlerville, River. Cedar River. Township of Handy. Approximately 1,650 feet upstream of Pinewood Drive None +899 West Branch Red Cedar Approximately 1,100 feet downstream of Renee Court None +878 Township of Conway, River. Township of Handy. Approximately 400 feet downstream of I–96 West- None +881 bound. Woodland Lake ...... Entire shoreline of Woodland Lake ...... None +936 Township of Brighton.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Brighton Maps are available for inspection at 200 N. First Street, Brighton, MI 48116. Send comments to The Honorable Steve Monet, City of Brighton, 200 N. First Street, Brighton, MI 48116. Township of Cohoctah Maps are available for inspection at 10518 Antcliff Road, Fowlerville, MI 48836. Send comments to Mark Fosdick, Supervisor, Township of Cohoctah, 9989 N. Fleming Road, Fowlerville, MI 48836. Township of Conway Maps are available for inspection at 8015 N. Fowlerville Road, Fowlerville, MI 48836. Send comments to Michael B. Rife, Supervisor, Township of Conway, PO Box 1157, 8015 N. Fowlerville Road, Fowlerville, MI 48836. Township of Deerfield Maps are available for inspection at 4492 Center Road, Linden, MI 48451. Send comments to Thomas Green, Supervisor, Township of Deerfield, 4492 Center Road, Linden, MI 48451. Township of Genoa Maps are available for inspection at 2911 Dorr Road, Brighton, MI 48116. Send comments to Gary McCririe, Supervisor, Township of Genoa, 2911 Dorr Road, Brighton, MI 48116. Township of Green Oak Maps are available for inspection at 1001 Silver Lake Road, Brighton, MI 48116–8361. Send comments to Mark St. Charles, Supervisor, Township of Green Oak, 1001 Silver Lake Road, Brighton, MI 48116–8361. Township of Hamburg Maps are available for inspection at 10405 Merrill Road, Whitmore Lake, MI 48189. Send comments to Cindy Pine, Supervisor, Township of Hamburg, 10405 Merrill Road, Whitmore Lake, MI 48189. Township of Handy Maps are available for inspection at 136 N. Grand Avenue, Fowlerville, MI 48836. Send comments to Cynthia Denby, Supervisor, Township of Handy, PO Box 189, 135 N. Grand Avenue, Fowlerville, MI 48836. Township of Hartland Maps are available for inspection at 3191 Hartland Road, Hartland, MI 48353. Send comments to Don Rhodes, Supervisor, Township of Hartland, 3191 Hartland Road, Hartland, MI 48353. Township of Howell Maps are available for inspection at 3525 Byron Road, Howell, MI 48855.

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

Send comments to Maureen Heikkinen, Supervisor, Township of Howell, 3525 Byron Road, Howell, MI 48855. Township of Iosco Maps are available for inspection at 2050 Bradley Road, Webberville, MI 48892. Send comments to William C. Miller, Supervisor, Township of Iosco, P.O. Box 1079, Webberville, MI 48892. Township of Marion Maps are available for inspection at 2877 W. Coon Lake Road, Howell, MI 48843. Send comments to Robert Hanvey, Supervisor, Township of Marion, 2877 W. Coon Lake Road, Howell, MI 48843. Township of Oceola Maps are available for inspection at 1577 N. Latson Road, Howell, MI 48843. Send comments to William Bamber, Supervisor, Township of Oceola, 1577 N. Latson Road, Howell, MI 48843. Township of Putnam Maps are available for inspection at 131 S. Howell Street, Pinckney, MI 48169. Send comments to Ron Rau, Supervisor, Township of Putnam, P.O. Box 439, 131 S. Howell Street, Pinckney, MI 48169. Township of Tyrone Maps are available for inspection at 10408 Center Road, Fenton, MI 48430. Send comments to Andrew Schmidt, Supervisor, Township of Tyrone, 10408 Center Road, Fenton, MI 48430. Township of Unadilla Maps are available for inspection at 126 Webb Street, Gregory, MI 48137. Send comments to James Peterson, Supervisor, Township of Unadilla, P.O. Box 120, 126 Webb Street, Gregory, MI 48137. Village of Fowlerville Maps are available for inspection at 213 S. Grand Avenue, Fowlerville, MI 48836. Send comments to Mr. Wayne Copeland, President, Village of Fowlerville, P.O. Box 677, 213 S. Grand Avenue, Fowlerville, MI 48836. Village of Pinckney Maps are available for inspection at 220 S. Howell Street, Pinckney, MI 48169. Send comments to Ms. Rebecca Foster, President, Village of Pinckney, 220 S. Howell Street, Pinckney, MI 48169.

Eau Claire County, Wisconsin, and Incorporated Areas

Chippewa River ...... Approximately 1,800 feet upstream of county boundary +761 +762 Eau Claire County (Unin- corporated Areas). Approximately 800 feet downstream of Interstate High- +773 +772 way 94. Sherman Creek ...... Approximately 1,500 feet upstream of the confluence +778 +777 City of Eau Claire, Eau with the Chippewa River. Claire County (Unincor- porated Areas). Approximately 1,800 feet downstream of U.S. Highway +889 +888 12.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Eau Claire Maps are available for inspection at City of Eau Claire, City Hall, 203 South Farwell Street, Eau Claire, WI 54702–5148. Send comments to Michael Huggins, City Manager, City of Eau Claire, 203 South Farwell Street, City Hall, Third Floor, Eau Claire, WI 54702. Eau Claire County (Unincorporated Areas) Maps are available for inspection at Eau Claire County Courthouse, 721 Oxford Avenue, Eau Claire, WI 54703–5481. Send comments to Bruce Willett, Chairperson, Eau Claire County Board of Supervisors, 721 Oxford Avenue, Eau Claire, WI 54703.

(Catalog of Federal Domestic Assistance No. FEDERAL MARITIME COMMISSION SUMMARY: The Federal Maritime 97.022, ‘‘Flood Insurance.’’) Commission proposes to amend its Dated: July 16, 2007. 46 CFR Part 515 regulations governing the filing of proof of financial responsibility for ocean David I. Maurstad, [Docket No. 07–06] transportation intermediaries by Federal Insurance Administrator of the RIN 3072–AC33 reducing the amount of time an National Flood Insurance Program, applicant may have to file the requisite Department of Homeland Security, Federal Filing of Proof of Financial proof of financial responsibility upon Emergency Management Agency. Responsibility approval of applicant’s license [FR Doc. 07–3614 Filed 7–24–07; 8:45 am] application from two (2) years to 120 July 20, 2007. BILLING CODE 9110–12–P days. AGENCY: Federal Maritime Commission. DATES: Submit original and 15 copies of ACTION: Notice of proposed rulemaking. comments (paper), or e-mail comments

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as an attachment in WordPerfect 8, is an indication that reducing the further serving to safeguard the shipping Microsoft Word 2003, or earlier versions allotment of time for providing proof of public from unlicensed operators. The of these applications, no later than valid financial responsibility is unlikely rule imposes no new or additional cost August 27, 2007. to be burdensome upon either the burden on persons applying for an OTI ADDRESSES: Address all comments industry in general or new OTI license, nor will it have a harmful effect concerning this proposed rule to: Bryant applicants in particular. on the general public, the U.S. economy, L. VanBrakle, Secretary, Federal Given the current bonding practices of or any of the regulated entities under Maritime Commission, 800 N. Capitol a significant majority of new OTI the jurisdiction of the Commission. applicants, it appears that a time frame Street, NW., Room 1046, Washington, List of Subjects in 46 CFR Part 515 DC 20573–0001, (202) 523–5725, E-mail: in excess of 120 days is unnecessary [email protected]. while creating an opportunity for abuse Common carriers, Exports, Non- vessel-operating common carriers, FOR FURTHER INFORMATION CONTACT: of the licensing process. Accordingly, Sandra L. Kusumoto, Director, Bureau of the Commission proposes to amend 46 Ocean transportation intermediaries, Certification and Licensing, 800 N. CFR 515.25(a) by reducing the period of Financial responsibility requirements, time within which an OTI applicant is Capitol Street, NW., Room 970, Reports and recordkeeping required to provide the requisite proof Washington, DC 20573–0001, (202) 523– requirements, Surety bonds. of financial responsibility subsequent to Accordingly, the Federal Maritime 5787, E-mail: [email protected]. approval of the application from two (2) Commission proposes to amend 46 CFR SUPPLEMENTARY INFORMATION: The years to 120 days. This would ensure part 515 as follows: Commission’s regulations at 46 CFR greater efficiency on the part of OTI 515.25(a) currently state that, upon applicants in complying with financial PART 515—LICENSING, FINANCIAL approval for an ocean transportation responsibility requirements following RESPONSIBILITY REQUIREMENTS, intermediary (‘‘OTI’’) license, an approval of their applications. Upon AND GENERAL DUTIES FOR OCEAN applicant must provide valid proof of expiration of the 120-day time period, if TRANSPORTATION INTERMEDIARIES financial responsibility prior to the valid proof of financial responsibility issuance of the license by the 1. The authority citation for part 515 has not been provided by an applicant, is revised to read as follows: Commission’s Bureau of Certification the OTI application would be and Licensing (‘‘BCL’’). The regulation considered invalid thereby requiring the Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 currently allows an applicant two (2) filing of a new application for an OTI U.S.C. 1702, 1707, 1709, 1710, 1712, 1714, 1716, and 1718 (recodified October 2006 as years in which to furnish such proof of license. financial responsibility, failing which 46 U.S.C. 305, 40102, 40104, 40501–40503, In conjunction with the 40901–40904, 41101–41106, 41107, 41108, the application will be considered aforementioned amendment, the 41109, 41301–41302, 41305–41307, 42101, invalid by the Commission. Commission further proposes to remove 42301–42306, and 42307); Pub. L. 105–383, An extended time period of two (2) as unnecessary the third sentence of 46 112 Stat. 3411, 21 U.S.C. 862. years between approval of an OTI CFR 515.25(a) dealing with application and an applicant’s supplementary investigations for the § 515.5 [Amended] procurement of financial responsibility determination of an applicant’s 2. In § 515.5, remove paragraph (b)(3). has created significant areas of concern continued qualification if more than six 3. Amend § 515.25(a) by removing the for the Commission. First, this may be (6) months elapse between the time of fourth sentence and revising the last viewed as an opportunity by applicants the approval of the application and an sentence to read as follows: who have been deemed approved but applicant’s submission of financial § 515.25 Filing of proof of financial who have gone two (2) years without responsibility to the Commission. responsibility. procuring a surety bond to, nonetheless, Removal of the option of supplementary (a) * * * Should the applicant not commence providing OTI services. This investigations from 46 CFR 515.25(a) file the requisite proof of financial result would frustrate the statutory goal likewise necessitates removing responsibility within 120 days of of protecting the shipping public. paragraph (b)(3) of 46 CFR 515.5 notification, the Commission will Second, an applicant’s inability or inasmuch as the collection of fees for consider the application to be invalid. unwillingness to procure a surety bond supplementary investigations would no over the course of two (2) years may be longer be appropriate. * * * * * an indication of questionable financial In accordance with the Regulatory By the Commission. integrity, a key factor in establishing an Flexibility Act, 5 U.S.C. 601 et seq., the Bryant L. VanBrakle, applicant’s continuing fitness to Federal Maritime Commission certifies Secretary. perform OTI services. that the proposed rule, if promulgated, [FR Doc. E7–14396 Filed 7–24–07; 8:45 am] Based on a study conducted by BCL will not have a significant economic BILLING CODE 6730–01–P staff of new OTI licenses issued in fiscal impact on a substantial number of small year 2006, it appears that the greatest entities. The rule directly applies to the majority of qualified applicants did not licensing requirements of OTIs, which FEDERAL COMMUNICATIONS require two (2) years to procure surety are regulated persons (or businesses) COMMISSION bonds. BCL statistics show that more under the Commission’s jurisdiction than half of the qualified applicants that qualify as small entities under the 47 CFR Parts 0, 1, 61 and 69 obtained surety bonds within 30 days of guidelines of the Small Business approval of their applications and 87 Administration. The rule will modify [WC Docket No. 05–25; RM–10593; FCC 07– percent of the applicants obtained the financial responsibility 123] surety bonds in a time period of 120 requirements that must be met by Parties Asked To Refresh Record in days or less. The remainder of the persons applying for a license to operate the Special Access Notice of Proposed applicants, or 13 percent, required as an OTI. The modifications in the rule Rulemaking between 120 days and two (2) years to will simplify the OTI licensing obtain surety bonds subsequent to application process, and increase AGENCY: Federal Communications approval of their OTI applications. This administrative efficiencies, while Commission.

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ACTION: Proposed rule. commenced a broad examination of the should be estimated. We seek comment regulatory framework to apply to here on methods that may be used to SUMMARY: In the Special Access Notice interstate special access services estimate the costs of special access of Proposed Rulemaking (NPRM), the provided by price LECs, including facilities, including whether models Commission commenced a broad whether the special access pricing may appropriately be used to estimate examination of the regulatory flexibility rules that the Commission such costs. For example, cost and framework to apply to interstate special adopted in 1999 have worked as engineering models have been used to access services provided by price cap intended. 47 CFR 69.701 et seq.; Pricing estimate the cost of Unbundled Network local exchange carriers (LECs), Flexibility Order, 64 FR 51258, Sept. 22, Elements. Could they also be used to including whether the special access 1999. On June 8, 2005, a Protective estimate costs of special access pricing flexibility rules that the Order was entered to enable parties to facilities? We note that a number of Commission adopted in 1999 have submit documents that contain carriers have embarked on significant worked as intended. This document proprietary or confidential information upgrades to their networks to provide invites interested parties to update the and to ensure adequate protection for high capacity services to their record in light of industry such documents. In response to the customers. We seek information on developments. Special Access NPRM, the Commission projected costs per customer to deploy DATES: Comments are due on or before received comments on June 13, 2005 these facilities. To assist in the August 8, 2007 and reply comments are and reply comments on July 29, 2005. assessment of the reasonableness of due on or before August 15, 2007. Since these comments were filed, a rates for special access services, we ask ADDRESSES: You may submit comments, number of developments in the industry parties to supplement the record with identified by WC Docket No. 05–25 and may have affected parties’ positions on information on vendor prices for high RM–10593, by any of the following the issues raised in the Special Access capacity transmission equipment, methods: NPRM. These developments include a outside plant, fiber, and fiber • Federal eRulemaking Portal: http:// number of significant mergers and other installation, and on prices for www.regulations.gov. Follow the industry consolidations, the continued nonregulated services that provide similar or equivalent capabilities to instructions for submitting comments. expansion of intermodal competition in special access services, such as Ethernet • Federal Communications the market for telecommunications and packet-based services. Commission’s Web Site: http:// services, which affects the uses of, and www.fcc.gov/cgb/ecfs/. Follow the In the Special Access NPRM, the competition to provide, a variety of Commission noted that an examination instructions for submitting comments. special access services or alternatives; • of the current state of competition in the E-mail: [email protected], and include and GAO’s November 2006 release of the following words in the body of the marketplace is critical to a Report 07–80 (GAO Report), which determination of whether our pricing message: ‘‘Get form.’’ A sample form summarizes its review of certain aspects and directions will be sent in response. flexibility rules have worked as • of the market for special access services. intended. We asked parties to comment First-class or overnight U.S. Postal Accordingly, the Commission requests Service mail: Secretary, Federal and provide data on whether DS–1 that parties refresh the record in this special access channel terminations Communications Commission, 445 12th proceeding to reflect the effects of these Street, SW., Washington, DC 20554. between the LEC end office and the developments. Parties should include customer premises are in the same Detailed instructions for submitting any new information or arguments that comments, including how to submit product market as DS–3 and OCn may be relevant to the Commission’s channel terminations. In light of rapid comments by hand, messenger delivery consideration of what action, if any, changes in fiber technologies, we now or by commercial overnight courier, and may be appropriate in this proceeding. ask parties to comment on whether we additional information on the We also ask parties to address the should further subdivide optical fiber rulemaking process are contained in the specific questions below, which were services into low capacity OCn services SUPPLEMENTARY INFORMATION section of not raised in the Special Access NPRM. (such as OC–3) and higher capacity OCn this document. First, parties should comment on the services. We particularly seek FOR FURTHER INFORMATION CONTACT: effect of the post Special Access NPRM information as to how much capacity Margaret Dailey, Wireline Competition mergers and other industry competitors believe is necessary to Bureau, Pricing Policy Division (202) consolidation on the availability of justify building new facilities to serve 418–1520, [email protected]. competitive special access facilities and customers. SUPPLEMENTARY INFORMATION: This is a providers. Parties should also comment This inquiry is also relevant to the summary of the Commission’s Public on the effect these mergers may have Commission’s analysis of demand Notice, FCC 07–12, released on July 9, had on scale economies or the responsiveness. In the Special Access 2007. The full text of this document is profitability of special access services. NPRM, the Commission stated that available for public inspection during In addition, since the release of the parties may demonstrate that the market regular business hours at the FCC Special Access NPRM, demand for for a particular special access service is Reference Information Center, Portals II, wireless voice and wireless broadband not competitive by showing that a 445 12th Street, SW., Washington, DC services has increased, and special significant number of an incumbent 20554 and may be viewed on the access has been an important input for price cap LEC’s customers cannot Commission’s Web site at http:// these services. We seek comment on purchase a comparable special access www.fcc.gov/. how special access pricing affects the service from an entity other than the Pursuant to the Commission’s rules price and availability of wireless LEC. Parties are invited to comment on governing notices of proposed services and the investment in and whether any changes in the market have rulemakings, 47 CFR 1.415, 1.419, the deployment of wireless networks. In the affected the availability of comparable Commission invites interested parties to Special Access NPRM, the Commission alternatives. To the extent that parties update the record in this proceeding. In sought comment on both the price and contend that continued regulation of the Special Access NPRM, 70 FR 19381, cost of special access services, and on special access services is warranted, we April 13, 2005, the Commission how costs for special access facilities request that they provide specific

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proposals for an appropriate regulatory of the message: ‘‘get form.’’ A sample (braille, large print, electronic files, scheme to assure reasonable rates and form and directions will be sent in audio format), send an e-mail to conditions for special access services. reply. [email protected] or call the Consumer & Finally, we ask parties to comment on Parties who choose to file by paper Governmental Affairs Bureau at (202) the analysis and findings in the GAO must file an original and four copies of 418–0530 (voice), (202) 418–0432 (tty). Report summarizing GAO’s review of each filing. If more than one docket or List of Subjects competition in the market for special rulemaking number appear in the access services. caption of this proceeding, commenters 47 CFR Part 0 must submit two additional copies for Organization and functions Procedural Matters each additional docket or rulemaking (Government agencies). Ex Parte Requirements number. Filings can be sent by hand or messenger delivery, by commercial 47 CFR Part 1 This matter shall be treated as a overnight courier, or by first-class or Administrative practice and ‘‘permit-but-disclose’’ proceeding in overnight U.S. Postal Service mail accordance with the Commission’s ex procedure, Communications common (although we continue to experience carriers, Telecommunications. parte rules. 47 CFR 1.1200 et seq. delays in receiving U.S. Postal Service Persons making oral ex parte mail). Parties are strongly encouraged to 47 CFR Parts 61 and 69 presentations are reminded that file comments electronically using the Communications common carriers, memoranda summarizing the Commission’s ECFS. All filings must be presentations must contain summaries Reporting and recordkeeping addressed to the Commission’s requirements, Telephone. of the substance of the presentations Secretary, Marlene H. Dortch, Office of and not merely a listing of the subjects the Secretary, Federal Communications Federal Communications Commission. discussed. More than a one- or two- Commission. Marlene H. Dortch, sentence description of the views and The Commission’s contractor will Secretary. arguments presented generally is receive hand-delivered or messenger- [FR Doc. E7–14272 Filed 7–24–07; 8:45 am] required. 47 CFR 1.1206(b)(2). Other delivered paper filings for the BILLING CODE 6712–01–P rules pertaining to oral and written Commission’s Secretary at 236 presentations are set forth at 47 CFR Massachusetts Avenue, NE., Suite 110, 1.1206(b). Washington, DC 20002. The filing hours FEDERAL COMMUNICATIONS Comment Filing Procedures at this location are 8 a.m. to 7 p.m. All COMMISSION hand deliveries must be held together Pursuant to Commission rules with rubber bands or fasteners. Any 47 CFR Parts 36 and 54 governing notices of proposed envelopes must be disposed of before [WC Docket No. 03–109; DA 07–1241] rulemakings, interested parties may file entering the building. Commercial comments on or before August 8, 2007 overnight mail (other than U.S. Postal Wireline Competition Bureau Seeks To and reply comments on or before Service Express Mail and Priority Mail) Refresh the Record on Lifeline and August 15, 2007. 47 CFR 1.415, 1.419. must be sent to 9300 East Hampton Link-Up All pleadings must reference WC Docket Drive, Capitol Heights, MD 20743. U.S. No. 05–25 and RM–10593. Comments Postal Service first-class, Express, and AGENCY: Federal Communications may be filed using: (1) The Priority mail should be addressed to 445 Commission. Commission’s Electronic Comment 12th Street, SW., Washington DC 20554. ACTION: Proposed rule, comments Filing System (ECFS); (2) the Federal Parties should also send a copy of requested. Government’s eRulemaking Portal; or (3) their filings to Margaret Dailey, Pricing SUMMARY: by filing paper copies. See Electronic Policy Division, Wireline Competition By this document, the Filing of Documents in Rulemaking Bureau, Federal Communications Wireline Competition Bureau (Bureau) Proceedings, 63 FR 24121, May 1, 1998. Commission, Room 5–A232, 445 12th seeks to refresh the record on issues Comments may be filed electronically Street, SW., Washington, DC 20554, or raised in the Further Notice of Proposed using the Internet by accessing the ECFS by e-mail to [email protected]. Rulemaking, 69 FR 34629, June 22, at http://www.fcc.gov/cgb/ecfs/ or the Parties shall also serve one copy with 2004, in the Lifeline and Link-Up Federal eRulemaking Portal: http:// the Commission’s copy contractor, Best docket. In that docket, the Commission www.regulations.gov. Filers should Copy and Printing, Inc. (BCPI), Portals sought comment on whether the follow the instructions provided on the II, 445 12th Street, SW., Room CY–B402, income-based criterion in the federal Web sites for submitting comments. For Washington, DC 20554, (202) 488–5300, default eligibility criteria should be ECFS filers, if multiple docket or or via e-mail to [email protected]. increased to 150% of the Federal rulemaking numbers appear in the Documents in WC Docket No. 05–25 Poverty Guidelines (FPG) to make caption of this proceeding, filers must and RM–10593 are available for public phone service affordable to more low- transmit one electronic copy of the inspection and copying during business income individuals and families. The comments for each docket or hours at the FCC Reference Information Commission also sought to explore rulemaking number referenced in the Center, Portals II, 445 12th Street, SW., whether adoption of rules governing the caption. In completing the transmittal Washington, DC 20554. The documents advertisement of the Lifeline/Link-Up screen, filers should include their full may also be purchased from BCPI, program, as opposed to guidelines, name, U.S. Postal Service mailing telephone (202) 488–5300, facsimile would strengthen the operation of these address, and the applicable docket or (202) 488–5563, TTY (202) 488–5562, e- programs. rulemaking number. Parties may also mail [email protected]. These DATES: Comments are due on or before submit an electronic comment by documents may also be viewed on the August 24, 2007. Reply comments are Internet e-mail. To get filing Commission’s Web site at http:// due on or before September 10, 2007. instructions, commenters should send www.fcc.gov/. People with Disabilities: ADDRESSES: All filings must be an e-mail to [email protected], and should To request materials in accessible addressed to the Commission’s include the following words in the body formats for people with disabilities Secretary, Marlene H. Dortch, Office of

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the Secretary, Federal Communications FOR FURTHER INFORMATION CONTACT: Gina Commission to undertake appropriate Commission, 445 12th Street, SW., Spade, Wireline Competition Bureau, consideration of the issue of how best to Washington, DC. Comments may be Telecommunications Access Policy provide support through the Lifeline submitted, identified by WC Docket No. Division, (202) 418–7400, or Dana and Link-Up programs to more low- 03–109, by any of the following Walton-Bradford, Wireline Competition income individuals and families. methods: Bureau, Telecommunications Access Comment Filing Procedures • Federal eRulemaking Portal: http:// Policy Division, (202) 418–7400. 2. Pursuant to §§ 1.415 and 1.419 of www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: This is a the Commission’s rules, 47 CFR 1.415, instructions for submitting comments. summary of the Commission’s Public 1.419, interested parties may file • Agency Web Site: http:// Notice in WC Docket No. 03–109, comments are due on or before August www.fcc.gov. Follow the instructions for released March 12, 2007 (DA 07–1241). 24, 2007 and reply comments are due on submitting comments on the Electronic The full text of this document is or before September 10, 2007. Comment Filing System (ECFS) http:// available for inspection and copying Comments may be filed using the www.fcc.gov/cgb/ecfs/. during normal business hours in the Commission’s Electronic Comment • E-mail: To Dana.Walton- FCC Reference Center, Portals II, 445 Filing System (ECFS) or by filing paper [email protected]. Include WC Docket 12th St. SW., Room CY–A257, copies. Comments filed through the No. 03–109 in the subject line of the Washington, DC 20554. The complete message. ECFS can be sent as an electronic file text of this document also may be via the Internet to http://www.fcc.gov/ • Fax: To the attention of Dana purchased from the Commission’s copy cgb/ecfs/. Generally, only one copy of Walton-Bradford at 202–418–1932. contractor, Best Copy and Printing, Inc., an electronic submission must be filed. Include WC Docket No. 03–109 on the 445 12th Street, SW., Room, CY–B402, If multiple docket or rulemaking cover page. Washington, DC 20554. The full text • numbers appear in the caption of the Mail: All filings must be addressed may also be downloaded at: http:// proceeding, commenters must transmit to the Commission’s Secretary, Marlene www.fcc.gov. By this document, the one electronic copy of the comments to H. Dortch, Office of the Secretary, Bureau seeks to refresh the record on each docket or rulemaking number Federal Communications Commission, issues in the Further Notice of Proposed referenced in the caption. In completing 445 12th Street, SW., Washington, DC Rulemaking, in the Lifeline and Link-Up the transmittal screen, commenters 20554. Parties should send a copy of docket, WC Docket No. 03–109. should include their full name, U.S. their filings to Dana Walton-Bradford, Currently, federal default criteria Postal Service mailing address, and the Telecommunications Access Policy specify that a consumer is eligible for applicable docket or rulemaking Division, Wireline Competition Bureau, Lifeline or Link-Up support when the number, in this case, WC Docket No. Federal Communications Commission, consumer’s income is at or below 135% 03–109. Parties may also submit an Room 5–A321, 445 12th Street, SW., of the Federal Poverty Guidelines (FPG), electronic comment by Internet e-mail. Washington, DC 20554. or if the consumer participates in one of To get filing instructions for e-mail • Public inspection, purchase, or several federal assistance programs, comments, commenters should send an download: The full text of the document such as Temporary Assistance for Needy e-mail to [email protected], and should summarized here is available for Families (TANF) or the National School include the following words in the body inspection and copying during normal Lunch’s free lunch program (NSL). In of the message, ‘‘get form.’’ A sample business hours in the FCC Reference the Further Notice of Proposed form and directions will be sent in Center, Portals II, 225 12th Street, SW., Rulemaking issued on April 24, 2004, response. Parties who choose to file by Room CY–A257, Washington, DC 20504. the Commission sought comment on paper must file an original and four The complete text of this document also whether the income-based criterion in copies of each filing. If more than one may be purchased from the the federal default eligibility criteria docket or rulemaking number appears in Commission’s copy contractor, Best should be increased to 150% of the FPG the caption of this proceeding, Copy and Printing, Inc., 445 12th Street, to make phone service affordable to commenters must submit two additional SW., Room, CY–B402, Washington, DC more low-income individuals and copies for each additional docket or 20554, and may also be downloaded at: families. The Commission also sought to rulemaking number. http://www.fcc.gov. explore whether adoption of rules 3. Paper filings can be sent by hand People with Disabilities: To request governing the advertisement of the or messenger delivery, by commercial materials in accessible formats for Lifeline/Link-Up program, as opposed overnight courier, or by first-class or people with disabilities (braille, large to guidelines, would strengthen the overnight U.S. Postal Service mail print, electronic files, audio format), operation of these programs. For (although we continue to experience send an e-mail to [email protected] or call example, should an Eligible delays in receiving U.S. Postal Service the Consumer & Governmental Affairs Telecommunications Carrier (ETC) be mail). Parties are strongly encouraged to Bureau at 202–418–0530 (voice), 202– required to distribute materials in a file comments electronically using the 418–0432 (tty). Instructions: All second language if a certain percentage Commission’s ECFS. submissions received must include the of the population in a given area speaks 4. The Commission’s contractor will agency name and docket number. All a language other than English, and if so, receive hand-delivered or messenger- comments received will be posted what percentage would trigger the delivered paper filings for the without change to http://www.fcc.gov/ requirement? The Commission now Commission’s Secretary at 236 cgb/ecfs/, including any personal seeks to refresh the record on these and Massachusetts Avenue, NE., Suite 110, information provided. For detailed all other issues raised in the Further Washington, DC 20002. The filing hours instructions on submitting comments Notice of Proposed Rulemaking. The at this location are 8 a.m. to 7 p.m. All and additional information on the Bureau requests that parties refresh the hand deliveries must be held together rulemaking process, see the ‘‘Comment record with any new information or with rubber bands or fasteners. Any Filing Procedures’’ heading of the arguments they believe to be relevant to envelopes must be disposed of before SUPPLEMENTARY INFORMATION section of deciding the issues still pending. The entering the building. Commercial this document. refreshed record will enable the overnight mail (other than U.S. Postal

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Service Express Mail and Priority Mail) FEDERAL COMMUNICATIONS FEDERAL COMMUNICATIONS must be sent to 9300 East Hampton COMMISSION COMMISSION Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express 47 CFR Part 73 47 CFR Part 76 Mail, and Priority Mail should be [CS Docket No. 97–80; PP Docket No. 00– addressed to 445 12th Street, SW., [DA 07–3246, MB Docket No. 04–265, RM– 67; FCC 07–120] Washington, DC 20554. 10439] Commercial Availability of 5. All filings must be addressed to the Digital Television Broadcast Service; Bidirectional Navigation Devices Commission’s Secretary, Marlene H. Seattle, WA (‘‘Two-Way Plug-and-Play’’) Dortch, Office of the Secretary, Federal AGENCY: Federal Communications Communications Commission, 445 12th AGENCY: Federal Communications Commission. Street, SW., Washington, DC 20554. Commission. Parties should also send a copy of their ACTION: Proposed rule. filings to Dana Walton-Bradford, ACTION: Proposed rule, denial. Telecommunications Access Policy SUMMARY: In this document, the Division, Wireline Competition Bureau, SUMMARY: The Commission, by this Commission takes steps to ensure that equipment used to access video Federal Communications Commission, document, denies a petition for rule programming and other services offered Room 5–A321, 445 12th Street, SW., making filed by KCTS Television, requesting the substitution of DTV by cable television systems are available Washington, DC 20554, or by e-mail to to consumers at retail. Specifically, the channel *53 for channel *62 on the [email protected]. Parties Commission seeks comment on basis that the proposal to add DTV shall also serve one copy with the proposed standards for this Commission’s copy contractor, Best channel *53 at Seattle failed to protect bidirectional capability, the absence of Copy and Printing, Inc. (BCPI), Portals DTV channel 53 at Chilliwack, British which may discourage some consumers II, 445 12th Street, SW., Room CY–B402, Columbia. See 69 FR 46128, August 2, from investing in new digital Washington, DC 20554, (202) 488–5300, 2004. With this action, this proceeding equipment. The Commission also seeks or via e-mail to [email protected]. is terminated. comment on whether any rules adopted 6. Documents in WC Docket No. 03– FOR FURTHER INFORMATION CONTACT: Pam in this proceeding should apply to non- 109 will be available for public Blumenthal, Media Bureau, (202) 418– cable Multichannel Video Programming inspection and copying during business 1600. Distributors (‘‘MVPDs’’). hours at the FCC Reference Information DATES: Comments for this proceeding Center, Portals II, 445 12th St. SW., SUPPLEMENTARY INFORMATION: This is a are due on or before August 24, 2007; Room CY–A257, Washington, DC 20554. synopsis of the Commission’s Report reply comments are due on or before The documents may also be purchased and Order, MB Docket No. 04–265, September 10, 2007. from BCPI, telephone (202) 488–5300, adopted July 13, 2007, and released July ADDRESSES: You may submit comments, facsimile (202) 488–5563, TTY (202) 18, 2007. The full text of this document identified by CS Docket No. 97–80, by 488–5562, e-mail [email protected]. is available for public inspection and any of the following methods: copying during regular business hours • Federal eRulemaking Portal: http:// 7. To request materials in accessible in the FCC Reference Information www.regulations.gov. Follow the formats for people with disabilities Center, Portals II, 445 12th Street, SW., instructions for submitting comments. (braille, large print, electronic files, Room CY–A257, Washington, DC. This • Federal Communications audio format), send an e-mail to document may also be purchased from Commission’s Web Site: http:// [email protected] or call the Consumer & the Commission’s duplicating www.fcc.gov/cgb/ecfs/. Follow the Governmental Affairs Bureau at 202– contractor, Qualex International, Portals instructions for submitting comments. 418–0530 (voice), 202–418–0432 (tty). • II, 445 12th Street, SW., CY–B402, People with Disabilities: Contact the 8. This matter shall be treated as a Washington, DC 20554, telephone 202– FCC to request reasonable ‘‘permit-but-disclose’’ proceeding in 863–2893, facsimile 202–863–2898, or accommodations (accessible format accordance with the Commission’s ex via e-mail [email protected]. This documents, sign language interpreters, CART, etc.) by e-mail: [email protected] parte rules. Persons making oral ex document is not subject to the or phone: 202–418–0530 or TTY: 202– parte presentations are reminded that Congressional Review Act. (The memoranda summarizing the 418–0432. Commission is, therefore, not required For detailed instructions for presentations must contain summaries to submit a copy of this Report and of the substance of the presentations submitting comments and additional Order to GAO, pursuant to the information on the rulemaking process, and not merely a listing of the subjects Congressional Review Act, see 5 U.S.C. discussed. More than a one- or two- see the SUPPLEMENTARY INFORMATION 801(a)(1)(A), because this proposed rule section of this document. sentence description of the views and is denied.) arguments presented generally is FOR FURTHER INFORMATION CONTACT: For required. Other requirements pertaining Federal Communications Commission. additional information on this to oral and written presentations are set Barbara A. Kreisman, proceeding, contact Brendan Murray, forth in section 1.1206(b) of the Chief, Video Division, Media Bureau. [email protected] of the Media Bureau, Policy Division, (202) 418– Commission’s rules. [FR Doc. E7–14378 Filed 7–24–07; 8:45 am] 1573. Federal Communications Commission. BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: This is a Kirk S. Burgee, summary of the Commission’s Notice of Chief of Staff, Wireline Competition Bureau. Proposed Rulemaking, FCC 07–120, [FR Doc. E7–14105 Filed 7–24–07; 8:45 am] adopted on June 27, 2007, and released BILLING CODE 6712–01–P on June 29, 2007. The full text of this

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document is available for public II. Background the Plug and Play Order, the inspection and copying during regular 2. Section 629 of the Act directs the Commission adopted an interface business hours in the FCC Reference Commission to: standard that the National Cable and Center, Federal Communications Telecommunications Association and Adopt regulations to assure the commercial the Consumer Electronics Association Commission, 445 12th Street, SW., CY– availability, to consumers of multichannel A257, Washington, DC 20554. These video programming and other services had agreed upon in a Memorandum of documents will also be available via offered over multichannel video Understanding (‘‘MOU’’), with certain ECFS (http://www.fcc.gov/cgb/ecfs/). programming systems, of converter boxes, modifications. And less than a year (Documents will be available interactive communications equipment, and later, consumer electronics electronically in ASCII, Word 97, and/ other equipment used by consumers to access manufacturers brought CableCARD- or Adobe Acrobat.) The complete text multichannel video programming and other compatible devices to market. Devices services offered over multichannel video may be purchased from the made pursuant to this standard have the programming systems, from manufacturers, ability to receive encrypted digital cable Commission’s copy contractor, 445 12th retailers, and other vendors not affiliated Street, SW., Room CY–B402, with any multichannel video programming programming, but do not have any Washington, DC 20554. To request this distributor. upstream, or bidirectional, capabilities document in accessible formats (i.e., consumer electronics Through section 629, Congress sought manufacturers can only make (computer diskettes, large print, audio to provide consumers with the unidirectional devices under the recording, and Braille), send an e-mail opportunity to purchase competitive technical standard adopted in the Plug to [email protected] or call the navigation devices from sources other and Play Order). For example, such Commission’s Consumer and than their MVPD. Congress emphasized devices cannot support two-way Governmental Affairs Bureau at (202) the importance of such competition, services such as EPGs, VOD, PPV, and 418–0530 (voice), (202) 418–0432 stating that ‘‘[c]ompetition in the other ITV capabilities. (TTY). manufacturing and distribution of 5. It is apparent that consumers have consumer devices has always led to not shown significant interest in one- Initial Paperwork Reduction Act of innovation, lower prices and higher 1995 Analysis way devices, which cannot access quality.’’ At the same time, Congress features such as EPGs, VOD, PPV, and This document does not contain recognized that MVPDs have ‘‘a valid other ITV capabilities provided by cable proposed information collection interest, which the Commission should operators. Indeed, while over five requirements subject to the Paperwork continue to protect, in system or signal million digital cable ready devices have security and in preventing theft of Reduction Act of 1995, Public Law 104– been sold, cable operators have service.’’ deployed fewer than 300,000 13. In addition, therefore, it does not 3. To carry out the directives of contain any proposed information CableCARDs. The cable and consumer section 629, the Commission in 1998 electronics industries have attempted to collection burden ‘‘for small business required cable operators to make concerns with fewer than 25 negotiate an agreement on how to available by July 1, 2000 a security achieve bidirectional compatibility, and employees,’’ pursuant to the Small element separate from the basic Business Paperwork Relief Act of 2002, since 2003 the Commission has required navigation device (the ‘‘host device’’). National Cable and Public Law 107–198, see 44 U.S.C. Cable operators were permitted to 3506(c)(4). Telecommunications Association continue providing equipment with (‘‘NCTA’’) and Consumer Electronics Summary of the Notice of Proposed integrated security until January 1, Association (‘‘CEA’’) to file status Rulemaking 2005, so long as modular security reports regarding the status of those components, known as point-of- negotiations. In March 2005, the I. Introduction deployment modules (‘‘PODs’’ or Commission described the progress of ‘‘CableCARDs’’), were also made 1. CableCARD-ready devices available these negotiations as ‘‘disappointing.’’ available for use with host devices at retail today are unable to access the Shortly before the Commission made obtained through retail outlets. This two-way features available on cable that statement, senior executives from requirement is generally referred to as systems, including electronic Microsoft, Time Warner, and Comcast ‘‘common reliance,’’ or the ‘‘integration committed to ‘‘personally’’ work programming guides (‘‘EPGs’’), video- ban,’’ is designed to enable unaffiliated on-demand (‘‘VOD’’), pay-per-view together ‘‘to supervise the efforts to manufacturers, retailers, and other reach an agreement amongst the cable, (‘‘PPV’’), and other interactive television vendors to commercially market host CE, IT, and other industries to ensure (‘‘ITV’’) capabilities. In this Third devices while allowing cable operators the availability of two-way cable Further Notice of Proposed Rulemaking, to retain control over their system products during calendar year 2006.’’ we solicit comment on proposed security. Despite this commitment, the industries standards to ensure bidirectional 4. In April 2003, in response to a appear to have made little progress and compatibility of cable television systems request from cable operators, the it does not appear that an agreement is and consumer electronics equipment. Commission extended the effective date imminent. We also seek comment on whether any of the integration ban until July 1, 2006. 6. On November 30, 2005, the cable rules we adopt in this proceeding Then, in 2005, again at the urging of industry filed a report that supported should apply to non-cable Multichannel cable operators, the Commission further the OpenCable Application Platform Video Programming Distributor extended that date until July 1, 2007. As (‘‘OCAP’’) as the foundation for two-way (‘‘MVPDs’’) and whether there are of late 2003, ‘‘non-integrated navigation plug and play products. OCAP is a technological solutions that are network devices [had] yet to gain adoption in the middleware software layer (based on the agnostic and deployable across all marketplace, thereby directly affecting Java Execution Engine), which allows MVPD platforms (e.g., cable, Direct subscriber demand for’’ separated software developers to write Broadcast Satellite (‘‘DBS’’), Internet security elements. This was due to the applications and programs that would Protocol (‘‘IP’’) or hybrid Quadrature lack of a technical standard for how the run on any OCAP-enabled device. While Amplitude Modulation/IP (‘‘QAM/IP’’)). POD and host device would interface. In the cable and consumer electronics

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industries agree that OCAP should be certification), and require that the cable promote bidirectional compatibility part of the solution for two-way plug industry provide consumer electronics between cable television systems and and play compatibility, the industries manufacturers any new OCAP consumer electronics equipment. Could appear to disagree on how an OCAP applications for testing at least sixty non-traditional cable operators and solution should be implemented. days before widespread deployment; other MVPDs conform to the proposed 7. When the Commission last and solutions above, or would technical addressed these issues in 2005 Deferral (5) Permit consumer electronics limitations preclude compliance? If Order, the scheduled conclusion of the devices to use a cable path for software technical limitations would preclude Digital Television (‘‘DTV’’) transition upgrades equal to the path that cable compliance, we seek comment on other (i.e., December 31, 2006) could be operators use for their software approaches by which non-traditional extended in any given market if certain upgrades. cable operators and other MVPDs could conditions were not met. Most relevant 9. We hereby seek comment on the achieve bidirectional compatibility to this discussion, section CEA proposal. We seek comment on the between their systems and consumer 309(j)(14)(B)(iii) at the time stated that impact that the proposed solution electronics equipment. For example, if more than 15 percent of the television would have on consumers, content NCTA notes that there has been households in a given market did not (1) providers, consumer electronics exploration of an enhanced security subscribe to an MVPD carrying the manufacturers, large and small cable device for all MVPDs that would permit digital signals of the local television operators, other MPVDs, and on the a retail device to interoperate with all stations in that market, and (2) have at transition to digital television. We seek MVPD networks, whether traditional least one television capable of viewing comment on whether the CEA proposal cable, satellite or telephone. We seek the digital signals of broadcasters in that offers a reasonable and quickly comment on such a solution, including market (either directly or through the implementable approach, and what whether such a device should be use of a digital-to-analog converter), specific rule changes would be required to comply with specific then the Commission was to grant an necessary. attachment principles such as extension of that deadline upon request. 10. As noted above, in November outputting the signal in conformance Since the 2005 Deferral Order was 2005, NCTA proposed a two-way with certain open standards in order to adopted, however, the 85-percent test solution based on the use of OCAP as a permit home networking. has been repealed, and the December standardized middleware layer. The 31, 2006 soft deadline for the end of the proposal, attached to this item as 14. As the digital television transition DTV transition has been replaced with Appendix C, recommends that the approaches, we do not want to lose the a hard deadline of February 17, 2009. Commission adopt a regulatory regime potential opportunity for consumers to We believe that the lack of two-way that includes: purchase competitive devices before the functionality on digital cable ready (1) Technical requirements for cable last major holiday season prior to the devices is deterring consumers from systems; transition. We seek comment on purchasing digital televisions, which are (2) ‘‘Limited but necessary’’ content whether a competitive market would an essential part of an effective digital protection requirements for navigation offer further incentive for consumers to transition. Therefore, we believe that the devices; transition from analog to digital devices. impending hard deadline increases the (3) Testing and certification/ Ideally, we would like consumers to be urgency of examining proposed verification procedures to prevent harm able to purchase two-way digital cable bidirectional standards at this time. to the cable network and services; and ready devices at retail by Q4 2008, in (4) Consumer education mandates. time for the final holiday season before III. Discussion NCTA asserts that if combined with the February 17, 2009 over-the-air 8. On November 7, 2006, the CEA, voluntary commitments and digital television transition. We seek along with twelve consumer electronics marketplace agreements, its proposal comment on whether that goal is and information technology companies, would bring consumers the benefits of feasible and the steps we must adopt in proposed a two-way plug and play two-way digital cable-ready products as order to achieve that goal. We also solution. That proposal, attached to this quickly as possible. solicit comment on any specific rules item as Appendix B, recommends that 11. We hereby seek comment on we should adopt to ensure that we the Commission take the following NCTA’s proposal. We seek comment on achieve a practical bidirectional steps: the impact that the proposed solution solution that furthers the goals of (1) Adopt an enhanced CableCARD would have on consumers, content section 629 of the Act. approach for basic interactive services, providers, consumer electronics IV. Procedural Matters based largely on existing standards; manufacturers, large and small cable (2) Provide oversight with respect to operators, other MPVDs, and on the A. Initial Regulatory Flexibility Analysis OCAP development, or allow consumer transition to digital television. We seek electronics companies and information comment on whether the NCTA 15. With respect to the Third Further technology companies to participate proposal offers a reasonable and quickly Notice of Proposed Rulemaking, an fully in the OCAP development process; implementable approach, and what Initial Regulatory Flexibility Analysis (3) Direct CableLabs to approve all specific rule changes would be (‘‘IRFA’’), see generally 5 U.S.C. 603, is output technologies that the Digital necessary. contained in Appendix A. Comments Living Network Alliance (‘‘DLNA’’) 12. We also seek comment on any must be identified as responses to the approves, and require cable providers to other proposals or rule changes that we IRFA and must be filed by the deadlines provide digital set-top boxes that are should consider in order to permit the for comments on the Third Further fully compatible with DLNA networks; development of two-way digital cable- Notice of Proposed Rulemaking (4) Adopt testing requirements for ready devices. specified infra. The Commission will two-way devices that are similar to the 13. In addition, we seek comment on send a copy of the Third Further Notice existing testing requirements for one- whether all MVPDs—including DBS and of Proposed Rulemaking, including the way devices (i.e., initial device testing wireline video providers—should be IRFA, to the Chief Counsel for Advocacy and certification with subsequent self- subject to any rules that we adopt to of the Small Business Administration.

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B. Initial Paperwork Reduction Act of rulemaking number. Parties may also 23. Additional Information. For 1995 Analysis submit an electronic comment by additional information on this 16. This document does not contain Internet e-mail. To get filing proceeding, contact Brendan Murray, proposed information collection(s) instructions, filers should send an e- [email protected], or, Steven subject to the Paperwork Reduction Act mail to [email protected], and include the Broeckaert, [email protected], following words in the body of the of the Media Bureau, Policy Division, of 1995 (PRA), Public Law 104–13. In message, ‘‘get form.’’ A sample form and (202) 418–2120. addition, therefore, it does not contain directions will be sent in response. any new or modified ‘‘information 20. Paper Filers. Parties who choose Initial Regulatory Flexibility Analysis collection burden for small business to file by paper must file an original and As required by the Regulatory concerns with fewer than 25 four copies of each filing. If more than Flexibility Act of 1980, as amended employees,’’ pursuant to the Small one docket or rulemaking number (‘‘RFA’’) the Commission has prepared Business Paperwork Relief Act of 2002, appears in the caption of this this Initial Regulatory Flexibility Public Law 107–198, see 44 U.S.C. proceeding, filers must submit two Analysis (‘‘IRFA’’) of the possible 3506(c)(4). additional copies for each additional significant economic impact on small C. Ex Parte Rules docket or rulemaking number. Filings entities by the policies and rules can be sent by hand or messenger proposed in this Third Further Notice of 17. Permit-But-Disclose. This delivery, by commercial overnight Proposed Rulemaking and Order on proceeding will be treated as a ‘‘permit- courier, or by first-class or overnight Review (‘‘Further Notice’’). Written but-disclose’’ proceeding subject to the U.S. Postal Service mail (although we public comments are requested on this ‘‘permit-but-disclose’’ requirements continue to experience delays in IRFA. Comments must be identified as under § 1.1206(b) of the Commission’s receiving U.S. Postal Service mail). All responses to the IRFA and must be filed rules. Ex parte presentations are filings must be addressed to the by the deadlines for comments on the permissible if disclosed in accordance Commission’s Secretary, Office of the Further Notice provided above in with Commission rules, except during Secretary, Federal Communications paragraph 8. The Commission will send the Sunshine Agenda period when Commission. a copy of the Further Notice, including presentations, ex parte or otherwise, are • The Commission’s contractor will this IRFA, to the Chief Counsel for generally prohibited. Persons making receive hand-delivered or messenger- Advocacy of the Small Business oral ex parte presentations are reminded delivered paper filings for the Administration. In addition, the Further that a memorandum summarizing a Commission’s Secretary at 236 Notice and IRFA (or summaries thereof) presentation must contain a summary of Massachusetts Avenue, NE., Suite 110, will be published in the Federal the substance of the presentation and Washington, DC 20002. The filing hours Register. not merely a listing of the subjects at this location are 8 a.m. to 7 p.m. All Need for, and Objectives of, the discussed. More than a one- or two- hand deliveries must be held together Proposed Rules sentence description of the views and with rubber bands or fasteners. Any arguments presented is generally envelopes must be disposed of before 24. The need for FCC regulation in required. Additional rules pertaining to entering the building. this area derives from the lack of a two- oral and written presentations are set • Commercial overnight mail (other way plug and play standard for cable forth in § 1.1206(b). than U.S. Postal Service Express Mail television systems and consumer electronics equipment. The absence of D. Filing Requirements and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, such a standard has been identified as 18. Comments and Replies. Pursuant MD 20743. a possible impediment to the to §§ 1.415 and 1.419 of the • U.S. Postal Service first-class, approaching deadline for the transition Commission’s rules, interested parties Express, and Priority mail should be to digital television (‘‘DTV’’) and to the may file comments on or before the addressed to 445 12th Street, SW., realization of Congressional goals set dates indicated on the first page of this Washington, DC 20554. out in section 629 of the document. Comments may be filed 21. Availability of Documents. Communications Act of 1934. Such a using: (1) The Commission’s Electronic Comments, reply comments, and ex standard would allow consumer Comment Filing System (‘‘ECFS’’), (2) parte submissions will be available for electronics manufacturers to develop the Federal Government’s eRulemaking public inspection during regular navigation devices (such as televisions Portal, or (3) by filing paper copies. business hours in the FCC Reference and set-top boxes) that could be 19. Electronic Filers. Comments may Center, Federal Communications connected directly to cable systems and be filed electronically using the Internet Commission, 445 12th Street, SW., CY– make use of bidirectional cable services by accessing the ECFS: http:// A257, Washington, DC 20554. These without the need for a cable-operator www.fcc.gov/cgb/ecfs/ or the Federal documents will also be available via provided navigation device. Since eRulemaking Portal: http:// ECFS. Documents will be available almost 86 percent of television www.regulations.gov. Filers should electronically in ASCII, Microsoft Word, households subscribe to a multichannel follow the instructions provided on the and/or Adobe Acrobat. video programming distributor Web site for submitting comments. For 22. Accessibility Information. To (‘‘MVPD’’) service, the availability of ECFS filers, if multiple docket or request information in accessible such bidirectional compatibility would rulemaking numbers appear in the formats (computer diskettes, large print, encourage more consumers to purchase caption of this proceeding, filers must audio recording, and Braille), send an e- DTV compatible devices, thereby transmit one electronic copy of the mail to [email protected] or call the FCC’s furthering the transition. Private comments for each docket or Consumer and Governmental Affairs industry negotiations between the rulemaking number referenced in the Bureau at (202) 418–0530 (voice), (202) Consumer Electronics Association caption. In completing the transmittal 418–0432 (TTY). This document can (‘‘CEA’’) and twelve consumer screen, filers should include their full also be downloaded in Word and electronics and information technology name, U.S. Postal Service mailing Portable Document Format (PDF) at: companies have resulted in a proposal address, and the applicable docket or http://www.fcc.gov. for a two-way plug and play standard.

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The proposal requires adherence to television broadcasting stations in the operators are affiliated with entities certain technical standards outlined in nation as of June 2005. For 1992, the whose gross annual revenues exceed Appendix B. The objectives any rules number of television stations that $250,000,000, we are unable at this time adopted will be to create a competitive produced less than $10.0 million in to estimate with greater precision the market for navigation devices and to revenue was 1,155 establishments. number of cable system operators that facilitate the DTV transition. Thus, the new rules could affect would qualify as small cable operators approximately 1,747 television stations; under the definition in the Legal Basis approximately 77%, or 1,345 of those Communications Act. 25. The authority for the action stations are considered small 32. Direct Broadcast Satellite (‘‘DBS’’) proposed in this rulemaking is businesses. These estimates may Service. Because DBS provides contained in sections 1, 4(i) and (j), 303, overstate the number of small entities subscription services, DBS falls within 403, 601, and 629 of the since the revenue figures on which they the SBA-recognized definition of cable Communications Act of 1934, as are based do not include or aggregate and other program distribution services. amended, 47 U.S.C. 151, 154(i) and (j), revenues from non-television affiliated This definition provides that a small 303, 403, 521, and 549. companies. entity is one with $13.5 million or less Description and Estimate of the Number 29. Cable and Other Program in annual receipts. There are four of Small Entities To Which the Distribution. The SBA has developed a licensees of DBS services under part 100 Proposed Rules Will Apply small business size standard for cable of the Commission’s rules. Three of and other program distribution services, those licensees are currently 26. The RFA directs the Commission which includes all such companies operational. Two of the licensees that to provide a description of and, where generating $13.5 million or less in are operational have annual revenues feasible, an estimate of the number of revenue annually. This category that may be in excess of the threshold small entities that will be affected by the includes, among others, cable operators, for a small business. The Commission, proposed rules. The RFA generally direct broadcast satellite (‘‘DBS’’) however, does not collect annual defines the term ‘‘small entity’’ as services, home satellite dish (‘‘HSD’’) revenue data for DBS and, therefore, is having the same meaning as the terms services, satellite master antenna unable to ascertain the number of small ‘‘small business,’’ ‘‘small organization,’’ television (‘‘SMATV’’) systems, and DBS licensees that could be impacted by and ‘‘small governmental entity’’ under open video systems (‘‘OVS’’). According these proposed rules. DBS service section 3 of the Small Business Act. In to the Census Bureau data, there are requires a great investment of capital for addition, the term ‘‘small business’’ has 1,191 total cable and other pay operation, and we acknowledge, despite the same meaning as the term ‘‘small television service firms that operate the absence of specific data on this business concern’’ under the Small throughout the year of which 1,087 have point, that there are entrants in this field Business Act. A small business concern less than $10 million in revenue. We that may not yet have generated $13.5 is one which: (1) Is independently address below each service individually million in annual receipts, and therefore owned and operated; (2) is not to provide a more precise estimate of may be categorized as a small business, dominant in its field of operation; and small entities. if independently owned and operated. (3) satisfies any additional criteria 30. Cable Operators. The Commission 33. Home Satellite Dish (‘‘HSD’’) established by the Small Business has developed, with SBA’s approval, Service. Because HSD provides Administration (‘‘SBA’’). our own definition of a small cable subscription services, HSD falls within 27. Television Broadcasting. The system operator for the purposes of rate the SBA-recognized definition of cable proposed rules and policies could affect regulation. Under the Commission’s and other program distribution services. television broadcasting licensees, and rules, a ‘‘small cable company’’ is one This definition provides that a small potential licensees of television service. serving fewer than 400,000 subscribers entity is one with $13.5 million or less The Small Business Administration nationwide. As of 2006, 7,916 cable in annual receipts. The market for HSD defines a television broadcasting station operators qualify as small cable service is difficult to quantify. Indeed, that has no more than $13 million in companies. the service itself bears little resemblance annual receipts as a small business. 31. The Communications Act, as to other MVPDs. As of June 2005, there Television broadcasting consists of amended, also contains a size standard were 206,358 households authorized to establishments primarily engaged in for a small cable system operator, which receive HSD service, a decrease of 38.5 broadcasting images together with is ‘‘a cable operator that, directly or percent from the 335,766 we reported sound, including the production or through an affiliate, serves in the the previous year. HSD owners have transmission of visual programming aggregate fewer than 1% of all access to more than 265 channels of which is broadcast to the public on a subscribers in the United States and is programming placed on C-band predetermined schedule. Included in not affiliated with any entity or entities satellites by programmers for receipt this industry are commercial, religious, whose gross annual revenues in the and distribution by MVPDs, of which educational, and other television aggregate exceed $250,000,000.’’ The 115 channels are scrambled and stations. Also included are Commission has determined that there approximately 150 are unscrambled. establishments that are primarily are 65,600,000 subscribers in the United HSD owners can watch unscrambled engaged in television broadcasting and States. Therefore, an operator serving channels without paying a subscription produce programming in their own fewer than 656,000 subscribers shall be fee. To receive scrambled channels, studios. Separate establishments deemed a small operator if its annual however, an HSD owner must purchase primarily engaged in producing revenues, when combined with the total an integrated receiver-decoder from an programming are classified under other annual revenues of all of its affiliates, do equipment dealer and pay a NAICS numbers. not exceed $250 million in the subscription fee to an HSD 28. There were 1,509 television aggregate. Based on available data, we programming package. Thus, HSD users stations operating in the nation in 1992. find that the number of cable operators include: (1) Viewers who subscribe to a That number has remained fairly serving 656,000 subscribers or less totals packaged programming service, which constant as indicated by the approximately 7,917. Although it seems affords them access to most of the same approximately 1,747 operating certain that some of these cable system programming provided to subscribers of

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other MVPDs; (2) viewers who receive equipment and other types of consumer more than 1,010 small manufacturers of only non-subscription programming; electronics equipment. The SBA has radio and television broadcasting and and (3) viewers who receive satellite developed definitions of small entities wireless communications equipment for programming services illegally without for manufacturers of audio and video consumer/household use. subscribing. Because scrambled equipment, as well as radio and 37. Computer Manufacturers. The packages of programming are most television broadcasting and wireless Commission has not developed a specifically intended for retail communications equipment. These definition of small entities applicable to consumers, these are the services most categories both include all such computer manufacturers. Therefore, we relevant to this discussion. companies employing 750 or fewer will utilize the SBA definition of 34. Satellite Master Antenna employees. The Commission has not electronic computers manufacturing. Television (‘‘SMATV’’) Systems. The developed a definition of small entities According to SBA regulations, a SBA definition of small entities for applicable to manufacturers of computer manufacturer must have 1,000 cable and other program distribution electronic equipment used by or fewer employees in order to qualify services includes SMATV services and, consumers, as compared to industrial as a small entity. Census Bureau data thus, small entities are defined as all use by television licensees and related indicates that there are 485 firms that such companies generating $13.5 businesses. Therefore, we will utilize manufacture electronic computers and million or less in annual receipts. the SBA definitions applicable to of those, 476 have fewer than 1,000 Industry sources estimate that manufacturers of audio and visual employees and qualify as small entities. approximately 5,200 SMATV operators equipment and radio and television The remaining 9 firms have 1,000 or were providing service as of December broadcasting and wireless more employees. We conclude that 1995. Other estimates indicate that communications equipment, since these there are approximately 476 small SMATV operators serve approximately are the two closest NAICS Codes computer manufacturers. 1.5 million residential subscribers as of applicable to the consumer electronics July 2001. The best available estimates Description of Projected Reporting, equipment manufacturing industry. indicate that the largest SMATV Recordkeeping and Other Compliance However, these NAICS categories are operators serve between 15,000 and Requirements broad and specific figures are not 55,000 subscribers each. Most SMATV available as to how many of these 38. At this time, we do not expect that operators serve approximately 3,000– establishments manufacture consumer the proposal would impose any 4,000 customers. Because these additional reporting or recordkeeping operators are not rate regulated, they are equipment. According to the SBA’s requirements. In the past, however, not required to file financial data with regulations, an audio and visual compliance with plug and play rules the Commission. Furthermore, we are equipment manufacturer must have 750 not aware of any privately published or fewer employees in order to qualify required consumer electronics financial information regarding these as a small business concern. Census manufacturers to establish a voluntary operators. Based on the estimated Bureau data indicates that there are 571 labeling regime for unidirectional digital number of operators and the estimated U.S. establishments that manufacture cable television receivers and related number of units served by the largest audio and visual equipment, and that digital cable products that meet certain ten SMATVs, we believe that a 560 of these establishments have fewer technical specifications. While these substantial number of SMATV operators than 500 employees and would be requirements could have an impact on qualify as small entities. classified as small entities. The consumer electronics manufacturers and 35. Open Video Systems (‘‘OVS’’). remaining 11 establishments have 500 multichannel video programming Because OVS operators provide or more employees; however, we are distributors, it remains unclear weather subscription services, OVS falls within unable to determine how many of those there would be a differential impact on the SBA-recognized definition of cable have fewer than 750 employees and small entities. We seek comment on and other program distribution services. therefore, also qualify as small entities whether the burden of these This definition provides that a small under the SBA definition. Under the requirements would fall on large and entity is one with $13.5 million or less SBA’s regulations, a radio and television small entities differently. We also seek in annual receipts. The Commission has broadcasting and wireless comment on any aspect of the proposal certified 25 OVS operators with some communications equipment or its impact that we may have now providing service. Affiliates of manufacturer must also have 750 or overlooked. fewer employees in order to qualify as Residential Communications Network, Steps Taken To Minimize Significant a small business concern. Census Inc. (‘‘RCN’’) received approval to Impact on Small Entities, and Bureau data indicates that there are operate OVS systems in New York City, Significant Alternatives Considered Boston, Washington, DC and other 1,041 U.S. establishments that areas. RCN has sufficient revenues to manufacture radio and television 39. The RFA requires an agency to assure us that they do not qualify as broadcasting and wireless describe any significant alternatives that small business entities. Little financial communications equipment, and that it has considered in reaching its information is available for the other 1,010 of these establishments have proposed approach, which may include entities authorized to provide OVS that fewer than 500 employees and would be the following four alternatives (among are not yet operational. Given that other classified as small entities. The others): (1) The establishment of entities have been authorized to provide remaining 31 establishments have 500 differing compliance or reporting OVS service but have not yet begun to or more employees; however, we are requirements or timetables that take into generate revenues, we conclude that at unable to determine how many of those account the resources available to small least some of the OVS operators qualify have fewer than 750 employees and entities; (2) the clarification, as small entities. therefore, also qualify as small entities consolidation, or simplification of 36. Electronics Equipment under the SBA definition. We therefore compliance or reporting requirements Manufacturers. Rules adopted in this conclude that there are no more than under the rule for small entities; (3) the proceeding could apply to 560 small manufacturers of audio and use of performance, rather than design, manufacturers of DTV receiving visual electronics equipment and no standards; and (4) an exemption from

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coverage of the rule, or any part thereof, comment on modifications of the V. Ordering Clauses for small entities. proposal if based on evidence of potential differential impact on smaller 42. It is ordered that, pursuant to 40. As indicated above, the Further sections 1, 4(i) and (j), 303, 403, 601, Notice seeks comment on whether the entities. In addition, the Regulatory Flexibility Act requires agencies to seek and 629 of the Communications Act of Commission should adopt or revise comment on possible small entity- 1934, as amended, 47 U.S.C. 151, 154(i) rules relating to the proposed creation of related alternatives, as noted above. We and (j), 303, 403, 521, 549, comment is a two-way plug and play standard for therefore seek comment on alternatives hereby sought on the proposals in this digital cable television systems and to the proposed rules that would assist Third Further Notice Of Proposed other digital cable television consumer small entities while ensuring Rulemaking. electronics equipment in order to bidirectional compatibility between Federal Communications Commission. facilitate the DTV transition. Consumer cable operators and consumer electronics manufacturers may be electronics manufacturers. Marlene H. Dortch, required to establish a labeling regime Secretary. Federal Rules Which Duplicate, for bidirectional digital cable television [FR Doc. 07–3651 Filed 7–24–07; 8:45 am] Overlap, or Conflict With the receivers and related digital cable BILLING CODE 6712–01–P products that meet certain technical Commission’s Proposals specifications. However, we welcome 41. None.

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Notices Federal Register Vol. 72, No. 142

Wednesday, July 25, 2007

This section of the FEDERAL REGISTER Web site at: http://www.ams.usda.gov/ packed in bulk bins or other packaging. contains documents other than rules or standards/stanfrfv.htm. Specifically within the section, ‘‘The proposed rules that are applicable to the SUPPLEMENTARY INFORMATION: Section contents of individual packages* * *’’ public. Notices of hearings and investigations, 203(c) of the Agricultural Marketing Act will be modified to ‘‘Samples* * *’’ committee meetings, agency decisions and and ‘‘(a) A package may contain* * *’’ rulings, delegations of authority, filing of of 1946 (7 U.S.C. 1621–1627), as petitions and applications and agency amended, directs and authorizes the will be modified to ‘‘(a) Samples may statements of organization and functions are Secretary of Agriculture ‘‘To develop contain* * *’’. These revisions will examples of documents appearing in this and improve standards of quality, make the Application of Tolerances section. condition, quantity, grade and applicable to cantaloups shipped in packaging and recommend and larger containers, such as bulk bins, demonstrate such standards in order to which may contain several hundred DEPARTMENT OF AGRICULTURE encourage uniformity and consistency melons, as well as those shipped in in commercial practices.’’ AMS is smaller containers. Agricultural Marketing Service committed to carrying out this authority AMS will also eliminate the in a manner that facilitates the unclassified category. This category is [Docket # AMS–FV–2006–0205; FV–06–317] marketing of agricultural commodities. being removed from all standards when they are revised. This category is not a United States Standards for Grades of AMS makes copies of official standards grade and only serves to show that no Cantaloups available upon request. The United States Standards for Grades of Fruits grade has been applied to the lot. It is AGENCY: Agricultural Marketing Service, and Vegetables not connected with no longer considered necessary. USDA. Federal Marketing Orders or U.S. Import AMS is also seeking comments ACTION: Notice. Requirements no longer appear in the regarding how this revision will affect Code of Federal Regulations, but are the marketing of cantaloups. SUMMARY: The Agricultural Marketing maintained by USDA, AMS, Fruit and Additionally, AMS is interested in Service (AMS) is soliciting comments Vegetable Programs. learning the costs and/or benefits to the on its proposal to revise the voluntary AMS is proposing to revise the United industry by revising the United States United States Standards for Grades of States Standards for Grades of Standards for Grades of Cantaloups. Cantaloups. AMS is proposing revisions Cantaloups using the procedures that The official grades of cantaloups to the ‘‘Application of Tolerances’’ appear in Part 36, Title 7 of the Code of covered by these standards are section in the cantaloup standards. Federal Regulations (7 CFR part 36). determined by the procedures set forth Additionally, AMS is removing the These standards were last revised in in the Regulations Governing ‘‘Unclassified’’ category from the 1968. Inspection, Certification, and Standards standards. The proposed revisions will of Fresh Fruits, Vegetables and Other update the cantaloup grade standards Background Products (7 CFR 51.1 to 51.62). and better reflect current marketing On December 28, 2006, AMS This notice provides for a 60-day practices. published a notice in the Federal comment period for interested parties to comment on the proposed revisions to DATES: Register (71 FR 78128–78129) soliciting Comments must be received by the standards. September 24, 2007. comments for possible revisions for the United States Standards for Grades of Authority: 7 U.S.C. 1621–1627. ADDRESSES: Interested persons are Cantaloups. In response to the notice, Dated: July 19, 2007. invited to submit written comments on AMS received one comment on the Lloyd C. Day, the Internet at http:// proposed revisions. The comment www.regulations.gov or to the received was from an agricultural trade Administrator, Agricultural Marketing Service. Standardization Section, Fresh Products association and is available by accessing Branch, Fruit and Vegetable Programs, http://www.regulations.gov/fdmspublic/ [FR Doc. E7–14337 Filed 7–24–07; 8:45 am] Agricultural Marketing Service, U.S. component/main or the AMS, Fresh BILLING CODE 3410–02–P Department of Agriculture, 1400 Products Branch Web site at: http:// Independence Ave. SW., Room 1661 www.ams.usda.gov/fv/ DEPARTMENT OF AGRICULTURE South Building, Stop 0240, Washington, fpbdocketlist.htm. Based on the DC 20250–0240; Fax (202) 720–8871. comment received and information Agricultural Marketing Service Comments should make reference to the gathered, AMS developed revised grade dates and page number of this issue of standards for cantaloups. [Docket # AMS–FV–2006–0199; FV–07–301] the Federal Register and will be made The agricultural trade association United States Standards for Grades of available for public inspection in the favored changing the wording in section Mangos above office during regular business 51.480, ‘‘Application of Tolerances’’ of hours. the United States Standards for Grades AGENCY: Agricultural Marketing Service, FOR FURTHER INFORMATION CONTACT: of Cantaloups. Accordingly, AMS will USDA. Vincent J. Fusaro, Standardization make revisions to section 51.480 so that ACTION: Notice. Section, Fresh Products Branch, (202) the tolerances may be applied to: Either 720–2185. The United States Standards samples of the entire contents of melons SUMMARY: The Department of for Grades of Cantaloups are available in cartons or to samples consisting of at Agriculture (USDA), Agricultural by accessing the Fresh Products Branch least twenty five melons for cantaloups Marketing Service (AMS) is revising the

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voluntary United States Standards for would permit healing of the stem end FOR FURTHER INFORMATION CONTACT: Grades of Mangos. Specifically, AMS is and reduce the amount of latex that Lillie F. Ragan, Assistant Branch Chief, revising the standards to allow for leaks out of the fruit. The petitioner Policy Branch, Food Distribution longer, up to an inch, attached stem further stated incidences of ‘‘sunken Division, Food and Nutrition Service, lengths. The revisions would bring the stem end’’ would be reduced U.S. Department of Agriculture, 3101 standards for mangos in line with significantly by allowing a longer stem. Park Center Drive, Alexandria, Virginia current marketing practices, thereby AMS published a notice in the 22302–1594 or telephone (703) 305– improving their usefulness in serving Federal Register (72 FR 5259) on 2662. the industry. February 5, 2007, soliciting comments SUPPLEMENTARY INFORMATION: These on the possible revisions to the United EFFECTIVE DATES: August 24, 2007. programs are listed in the Catalog of States Standards for Grades of Mangos. FOR FURTHER INFORMATION CONTACT: Federal Domestic Assistance under Nos. No comments were received in response Vincent J. Fusaro, Standardization 10.550, 10.555, and 10.558 and are Section, Fresh Products Branch; (202) to the notice. Based on the initial request received subject to the provisions of Executive 720–2185. The United States Standards Order 12372, which requires for Grades of Mangos are available and the information gathered, AMS is revising the mango standards to bring intergovernmental consultation with either through the address cited above State and local officials. (See 7 CFR part or by accessing the AMS, Fresh the standards in line with current marketing practices. The revision to the 3015, subpart V, and final rule related Products Branch Web site at: http:// notice published at 48 FR 29114, June www.ams.usda.gov/standards/ definition reads as follows: ‘‘Well trimmed’’ means the stem is neatly 24, 1983.) stanfrfv.htm. This notice imposes no new reporting clipped or broken off at a point not more or recordkeeping provisions that are SUPPLEMENTARY INFORMATION: Section than 1 inch beyond the point of subject to Office of Management and 203(c) of the Agricultural Marketing Act attachment. of 1946 (7 U.S.C. 1621–1627), as The official grade of a lot of mangos Budget review in accordance with the amended, directs and authorizes the covered by these standards is Paperwork Reduction Act of 1995 (44 Secretary of Agriculture ‘‘To develop determined by the procedures set forth U.S.C. 3507). This action is not a rule and improve standards of quality, in the Regulations Governing as defined by the Regulatory Flexibility condition, quantity, grade and Inspection, Certification, and Standards Act (5 U.S.C. 601–612) and thus is packaging and recommend and of Fresh Fruits, Vegetables and Other exempt from the provisions of that Act. demonstrate such standards in order to Products (Sec. 51.1 to 51.61). This notice was reviewed by the Office encourage uniformity and consistency The revisions to the United States of Management and Budget under in commercial practices.’’ AMS is Standards for Grades of Mangos will Executive Order 12866. committed to carrying out this authority become effective 30 days after National Average Minimum Value of in a manner that facilitates the publication of this notice in the Federal Donated Foods for the Period July 1, marketing of agricultural commodities Register. 2007 Through June 30, 2008 and makes copies of official standards Authority: 7 U.S.C. 1621–1627. available upon request. The United This notice implements mandatory States Standards for Grades of Fruits Dated: July 19, 2007. provisions of sections 6(c) and and Vegetables that are not Lloyd C. Day, 17(h)(1)(B) of the National School requirements of Federal Marketing Administrator, Agricultural Marketing Lunch Act (the Act) (42 U.S.C. 1755(c) Orders or U.S. Import Requirements, no Service. and 1766(h)(1)(B)). Section 6(c)(1)(A) of longer appear in the Code of Federal [FR Doc. E7–14339 Filed 7–24–07; 8:45 am] the Act establishes the national average Regulations, but are maintained by BILLING CODE 3410–02–P value of donated food assistance to be USDA, AMS, Fruit and Vegetable given to States for each lunch served in Programs. NSLP at 11.00 cents per meal. Pursuant AMS is revising the voluntary United DEPARTMENT OF AGRICULTURE to section 6(c)(1)(B), this amount is States Standards for Mangos using the subject to annual adjustments on July 1 procedures that appear in Part 36, Title Food and Nutrition Service of each year to reflect changes in a three-month average value of the Price 7 of the Code of Federal Regulations (7 Food Distribution Program: Value of Index for Foods Used in Schools and CFR part 36). The standards were Donated Foods from July 1, 2007 Institutions for March, April, and May developed February 2006. Through June 30, 2008 each year (Price Index). Section Background AGENCY: Food and Nutrition Service, 17(h)(1)(B) of the Act provides that the AMS received two petitions, one from USDA. same value of donated foods (or cash in a packer/shipper and another from an ACTION: Notice. lieu of donated foods) for school importer, requesting a revision to the lunches shall also be established for United States Standards for Grades of SUMMARY: This notice announces the lunches and suppers served in CACFP. Mangos. The petitioners requested a national average value of donated foods Notice is hereby given that the national revision to the definition of ‘‘well or, where applicable, cash in lieu of average minimum value of donated trimmed.’’ The standards currently donated foods, to be provided in school foods, or cash in lieu thereof, per lunch define ‘‘well trimmed’’ as: The stem is year 2008 (July 1, 2007 through June 30, under NSLP (7 CFR part 210) and per neatly clipped or broken off at a point 2008) for each lunch served by schools lunch and supper under CACFP (7 CFR not more than 1⁄2 inch beyond the point participating in the National School part 226) shall be 18.75 cents for the of attachment. The petitioners requested Lunch Program (NSLP), and for each period July 1, 2007 through June 30, an increase to the allowable length of lunch and supper served by institutions 2008. the attached stem to one inch from the participating in the Child and Adult The Price Index is computed using point of attachment. The packer/shipper Care Food Program (CACFP). five major food components in the stated a change is warranted because a DATES: The rate in this notice is effective Bureau of Labor Statistics Producer longer stem, up to one inch in length, July 1, 2007. Price Index (cereal and bakery products;

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meats, poultry and fish; dairy products; DATES: Written comments to be system necessary to provide safe and processed fruits and vegetables; and fats considered in the preparation of the efficient travel and for administration, and oils). Each component is weighted draft environmental impact statement utilization, and protection of NFS lands using the relative weight as determined (DEIS) should be submitted within 45 (36 CFR 212.5(b)). Key to this process, by the Bureau of Labor Statistics. The days of the date of publication of this the forest hosted several open houses in value of food assistance is adjusted each Notice of Intent in the Federal Register. northern and central Arizona during the July 1 by the annual percentage change The DEIS is expected to be published in fall of 2006 and attended additional in a three-month average value of the the summer of 2008. The final meetings since then, as requested, in Price Index for March, April and May environmental impact statement (FEIS) order to collect ideas regarding each year. The three-month average of and record of decision (ROD) is motorized forest travel from local the Price Index increased by 9.9 percent expected to be available by early 2009. citizens, forest users, state, county, local from 149.56 for March, April and May ADDRESSES: Send written comments to and tribal governments, and other of 2006 to 164.34 for the same three Nora Rasure, Forest Supervisor, ATTN: Federal agencies. The proposed action months in 2007. When computed on the TMR, 1824 S Thompson St, Flagstaff, represents a synthesis of public basis of unrounded data and rounded to AZ, 86001, Fax: (928) 527–3620, E-mail: comment and Forest Service specialist the nearest one-quarter cent, the comments-southwestern- recommendations gathered during the resulting national average for the period [email protected]. travel analysis process. July 1, 2007 through June 30, 2008 will FOR FURTHER INFORMATION CONTACT: Jim Purpose and Need for Action be 18.75 cents per meal. This is an Beard, Project Leader, 1824 S Thompson increase of 1.75 cents from the school The purpose of this project is to St, Flagstaff, AZ, 86001, (928) 527–3600. designate a socially, economically, and year 2007 (July 1, 2006 through June 30, Additional information about this 2007) rate. environmentally sustainable forest project can be found at http:// transportation system that will Authority: Sections 6(c)(1)(A) and (B), www.fs.fed.us/r3/coconino/tmr.shtml. accommodate motorized access needs 6(e)(1), and 17(h)(1)(B) of the National School SUPPLEMENTARY INFORMATION: On on the Coconino National Forest. There Lunch Act, as amended (42 U.S.C. November 9, 2005, the Forest Service is a need for amending Coconino Forest 1755(c)(1)(A) and (B) and (e)(1), and published final travel management 1766(h)(1)(B)). Plan direction to prohibit cross-country regulations governing off-highway motorized travel and remove the road Dated: July 19, 2007. vehicles (OHV) and other motor density direction. There is a need for Roberto Salazar, vehicles on national forests and reducing the number of roads across the Administrator. grasslands. The new regulations forest and to close roads that conflict [FR Doc. E7–14377 Filed 7–24–07; 8:45 am] amended part 212, subpart B of part with resource protection goals outlined BILLING CODE 3410–30–P 251, subpart A of part 261, and removed in the Coconino Forest plan (1987, as part 295 of title 36 of the Code of amended). There is a need to continue Federal Regulations (CFR). These three providing limited motorized use off of DEPARTMENT OF AGRICULTURE regulations are referred to together as designated routes to existing dispersed the TMR (Travel Management Rule). camping sites/areas. This action Forest Service The TMR was developed in response to responds to the new travel regulations at the substantial increase in use of OHVs Motorized Travel Management Plan, 36 CFR 212. on National Forest System lands and Coconino National Forest; Coconino related damage to forest resources Proposed Action and Yavapai Counties, AZ caused by unmanaged OHV use over the For the purposes of this project and AGENCY: Forest Service, USDA. past 30 years. The regulations notice, ‘‘route’’ is a general term that ACTION: Notice of intent to prepare an implement Executive Order (EO) 11644 refers to a road or motorized trail environmental impact statement. and EO 11989 regarding off-road use of mapped to a location on the ground. motor vehicles on Federal lands. The term ‘‘road’’ or ‘‘trail’’ is defined as SUMMARY: The Coconino National Forest The regulations provide ‘‘for a system a National Forest System road or trail will prepare an environmental impact of National Forest System (NFS) roads, that is designated for motor vehicle use statement (EIS) to disclose the effects of NFS trails, and areas of NFS lands that pursuant to 36 CFR 212.51. A ‘‘user- designating a system of roads, trails and are designated for motor vehicle use. created’’ or ‘‘unauthorized’’ route is a areas for motorized vehicle use, thereby Motor vehicle use off designated roads road or motorized trail not designated developing a motorized travel and trails and outside of designated for motor vehicle use pursuant to 36 management plan. Such a plan is areas is prohibited (36 CFR 212.50).’’ CFR 212.51. User-created routes have needed to meet new National travel Designated routes and areas shall be generally developed without agency management regulations and to improve identified on a motor vehicle use map authorization, environmental analysis, the management and enforcement of (MVUM) and made available to the or public involvement and do not have motor vehicle use on National Forest public. Currently, the Coconino the same status as NFS roads or tails Service lands. This notice describes the National Forest does not restricted included in the forest transportation components to be included in the motor vehicles to designated roads, system. To meet the project’s purpose motorized travel plan, proposed forest trails or areas; cross-country motorized and need, the following actions are plan amendment, decisions to be made, travel is generally permitted except in proposed: estimated dates pertaining to the areas that are signed closed or restricted Close 1,500 miles of existing open project, information concerning public to seasonal use. roads. In this case, close means it will participation, and the responsible In order to comply with the new be closed to public travel. Some of these agency official. The project area is travel management regulations, the roads will be retained for periodic defined by the boundaries of the forest initiated a forestwide travel administrative use only (maintenance Coconino National Forest, and includes analysis in 2006. The intent of the travel Level 1) and others will be the Peaks, Mormon Lake, Red Rock, and analysis process was to help the forest decommissioned (removed from the Mogollon Rim Ranger Districts. determine the minimum transportation forest inventory). The most relevant

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aspect of this action is closing the road Responsible Official Preliminary Issues to public travel. Decisions to obliterate The responsible official for this decomissioned roads are outside the During the public collaboration phase project is the Coconino National Forest scope of this project because they of the travel analysis process, an issue Supervisor. require further site-specific was brought forward about the lack of environmental analysis and clearances Nature of Decision To Be Made motorized trails in the forest, especially before being undertaken; after the forest prohibits cross-country Items in this decision include: motorized travel. The Coconino Add 40 miles of user-created routes to Changes to the existing road system; National Forest can consider the forest transportation system. These changes to existing motorized trails and alternatives to designate additional routes will be managed as roads and areas open to cross-country motorized motorized trails to the forest will be open to public travel; travel; the distance motor vehicles may transportation system. More specific Allow roadside parking within one travel off of specific designated routes route location information will be vehicle length from the edge of the road for the purpose of dispersed camping; required in order to fully develop and surface; and language and content changes to the analyze this alternative. New routes will Coconino Forest Plan via a forest plan Prohibit motorized travel off of be assessed using both 36 CFR 212.55(b) amendment. The decision will be based designated routes for the purpose of big criteria for motorized trails, as well as on a consideration of the environmental game retrieval; consistency with Coconino Forest Plan effects of implementing the proposed management direction. Allow motor vehicles to travel 100 action or alternatives developed in Other issues brought forward during feet off designated routes for the response to significant issues. The the travel analysis process included off- purpose of accessing existing dispersed Forest Supervisor may select the road access for firewood gathering and camping sites. User-created routes that proposed action, an alternative analyzed grazing allotment management. As per access additional existing dispersed in detail, or a modified proposed action the TMR, motor vehicle use authorized camping sites beyond the 100 foot limit or alternative within the project’s range under a permit is exempted from the will also be designated for motorized of alternatives. route and area designations. The use. These routes will be shown as spur necessity of using motor vehicles off of roads on the MVUM. Existing dispersed Scoping Process designated routes should be articulated campsites will be displayed on a Scoping is an ongoing procedure used in the permit and where necessary, supplementary map to the MVUM and/ to identify important issues and would be analyzed and authorized or signed on the ground; and determine the extent of analysis under a separate NEPA decision (it is Amend the Coconino National Forest necessary for an informed decision on a outside the scope of this project). Plan to prohibit off-road driving on the proposed action. This Notice of Intent Additional issues during travel entire forest, remove road density by serves as formal initiation of the scoping analysis included off-road access for big vegetation type direction, and remove process. The Forest Service is seeking game retrieval and dispersed camping. any references to ‘‘off-road driving’’ comments from individuals, The forest is not proposing to allow currently in the plan in order to be organizations, and local, state and motor vehicles off of designated routes consistent with the language and intent Federal agencies that may be interested for big game retrieval because our in 36 CFR 212. in or affected by the proposed action. preliminary analysis found that the This action, in conjunction with Comments may pertain to the nature proposed transportation system will existing motorized trails and the Cinder and scope of the environmental, social, provide adequate and reasonable access Hills OHV area, will result in and economic issues, and possible to hunters within all game management approximately 3,950 miles of designated alternatives related to the development units across the forest; 79 percent of the NFS routes and one 13,711-acre area of the motorized travel plan and EIS. A forest will remain within 0.5 miles of a generally open to motor vehicles on the copy of the proposed action has been designated open road. The proposed Coconino National Forest. Roads within sent to potentially affected persons and action includes limited use of motor existing seasonal closure areas (Nordic those that have expressed an interest in vehicles off of designated routes for the Center, Wing Mountain, Pine Grove, this project during the travel analysis purpose of dispersed camping and Rattlesnake, Woods, Cottonwood Basin, process. Others may have their names addresses issues related to dispersed Anderson Mesa/Antelope, Lower Lake added to the project mailing list at any camping access. Mary Bald Eagle closure) will continue time by submitting a request to: Jim Beard, Project Leader, 1824 S Thompson An issue regarding motorized access to only be open seasonally to motor to non-motorized areas by people with vehicles. St., Flagstaff, AZ, 86001, E-mail: coment-southwestern- disabilities is addressed by existing Possible Alternatives [email protected]. Federal laws, regulations, and policies, which do not require areas that prohibit A series of open houses are scheduled motor vehicle use to make exceptions In addition to the Proposed Action, to further explain the proposed action because a person has a disability. Any the No Action alternative will be and to provide an opportunity for public wheelchair or mobility device, as analyzed. The Forest Service is required input. Open houses are planned at the defined by the American with to analyze the ‘‘No Action’’ alternative following locations and dates: under the provisions of NEPA (40 CFR Disabilities Act (ADA), may continue to 1502.14). No Action will consider the July 31, Flagstaff, AZ, Sinagua High be used wherever foot travel is effects of not making any changes to School, 5–8 p.m. permitted. August 1, Happy Jack, AZ, Happy Jack forest’s current road system and not Comment Requested prohibiting motorized cross-country Lodge, 5–8 p.m. travel. Additional alternatives may be August 2, Camp Verde, AZ, Cliff Castle This notice of intent initiates the developed in response to significant Casino, 5–8 p.m. scoping process which will guide the issues brought up during public August 4, Flagstaff, AZ, Sinagua High development of the environmental scoping. School, 12–5 p.m. impact statement.

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Early Notice of Importance of Public submission from the public record by prepared, in compliance with the 2005 Participation in Subsequent showing how the Freedom of Forest Service Travel Management Rule Environmental Review Information Act (FOIA) permits such (36 CFR Part 212). The MVUM will A DEIS will be prepared for comment. confidentiality. show all the routes that are designated The comment period on the DEIS will Persons requesting such for public motorized use on the be 45 days from the date the confidentiality should be aware that, Beartooth Ranger District. The MVUM Environmental Protection Agency under the FOIA, confidentiality may be will be the primary tool used to publishes the notice of availability in granted in only very limited determine compliance and enforcement the Federal Register. The Forest Service circumstances, such as to protect trade with motorized vehicle use designations believes, at this early stage, it is secrets. The Forest Service will inform on the ground. Those existing routes important to give reviewers notice of the requester of the agency’s decision and other non-system routes not several court rulings related to public regarding the request for confidentiality, designated open on the MVUM will be participation in the environmental and if the request is denied, the agency legally closed to motorized travel. The review process. First, reviewers of a will return the submission and notify decisions on motorized travel may draft EIS must structure their the requester that the comments may be include motorized over-the-snow travel. participation in the environmental resubmitted with or without name and DATES: The draft environmental impact review of the proposal so that it is address within a specified number of statement is planned to be released in meaningful and alerts an agency to the days. October 2007 and the final reviewer’s position and contentions. (Authority: 40 CFR 1501.7 and 1508.22; environmental impact statement is Vermont Yankee Nuclear Power Corp. v. Forest Service Handbook 1909.15, Section planned for release in June 2008. The NRDC, 435 U.S. 519, 553 (1978). Also, 21) project was initially released for public environmental objections that could be Dated: July 18, 2007. scoping January 30, 2004 through May raised at the draft EIS stage but that are Nora B. Rasure, 1, 2004. However, the scooping period not raised until after completion of the Forest Supervisor, Coconino National Forest. was extended to September 1, 2004 due final EIS may be waived or dismissed by [FR Doc. 07–3618 Filed 7–24–07; 8:45 am] to great public interest and the many the courts. City of Angoon v. Hodel, 803 BILLING CODE 3410–11–M requests asking for an extension of the F.2d 1016, 1022 (9th Cir. 1986) and scoping period through the field season. Wisconsin Heritages, Inc. v. Harris, 490 ADDRESSES: Send written comments to F. Supp. 1334, 1338 (E.D. Wis. 1980). DEPARTMENT OF AGRICULTURE Beartooth Ranger District Travel Because of these court rulings, it is very Management Plan, Custer National important that those interested in this Forest Service Forest, 1310 Main Street, Billings, MT proposed action participate by the close 59105 or call (406) 657–6205 extension of the 45-day comment period so that Beartooth Ranger District Travel Management Plan, Custer National 225. substantive comments and objections If you prefer, you can submit are made available to the Forest Service Forest; Sweet Grass, Park, Stillwater, and Carbon Counties, MT comments on the internet at comments- at a time when it can meaningfully [email protected] by consider them and respond to them in AGENCY: Forest Service, USDA. typing on the subject line ‘‘Beartooth RD the final EIS. ACTION: Notice; intent to prepare Travel Management Plan.’’ To assist the Forest Service in environmental impact statement. identifying and considering issues and FOR FURTHER INFORMATION CONTACT: concerns on the proposed action, SUMMARY: The Forest Service will Doug Epperly, Project Coordinator, at comments on the draft EIS should be as prepare an Environmental Impact (406) 657–6205 ext. 225. specific as possible. It is also helpful if Statement (EIS) to disclose the effects of SUPPLEMENTARY INFORMATION: comments refer to specific pages or designating National Forest System Purpose and Need for Action chapters of the draft statement. roads, trails, and areas available for Comments may also address the public motorized use and changing pack The purpose of the proposal is to adequacy of the draft EIS or the merits and saddle stock use on certain non- designate a system of roads, trails, and of the alternatives formulated and motorized trails on the Beartooth Ranger areas for motor vehicle use, including discussed in the statement. Reviewers District, Custer National Forest. The over-the-snow travel and existing may wish to refer to the Council on decision will be to determine whether to recreation use, on the Beartooth Ranger Environmental Quality Regulations for include routes that are not currently District, Custer National Forest. The implementing the procedural provisions National Forest System roads, trials, and system of roads, trails, and areas to be of the National Environmental Policy areas for public motorized use on the designated will be consistent with the Act at 40 CFR 1503.3 in addressing Beartooth Ranger District, establish a laws, regulations, and policies these points. season of use and/or type of vehicle use governing the management of National Comments received, including the for roads, trails, and areas designated for Forest System lands. Specifically, this names and addresses of those who public motorized use, change dispersed includes the Forest Service 2005 Travel comment, will be considered part of the vehicle camping designations, and Management Rule (36 CFR part 212), the public record on this proposal and will restrict pack and saddle stock use on January 2001 Off-Highway Vehicle be available for public inspection. select non-motorized trails. A National Record of Decision and Plan Comments submitted anonymously will Environmental Policy Act (NEPA) Amendment for Montana, North Dakota, be accepted and considered; however, decision is not required to designate and Portions of South Dakota (hereafter those who submit anonymous roads, trails, and areas for public Tri-state OHV Plan), the subsequent comments will not have standing to motorized use that are currently part of Forest Plan Amendment Number 39, the appeal the subsequent decision under the National Forest System of roads, 1987 Beartooth Travel Plan, and the 36 CFR part 215. Additionally, pursuant trails and areas. Custer National Forest and National to 7 CFR 1.27(d), any person may Once a decision is made, a Motor Grasslands Land and Resource request the agency to withhold a Vehicle Use Map (MVUM) will be Management Plan (hereafter referred to

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as the Forest Plan, 1986) (Forest Plan Forest inventory of existing roads and the Motor Vehicle Use Map (pursuant to Record of Decision, 1987)). trails. Alternatives to the Proposed 36 CFR 212). Routes, for which travel There is a compelling need to address Action and No Action will depict management direction is being changed, travel management on the Beartooth differing combinations of routes to will be analyzed in the EIS for the Ranger District as a result of the Forest remain open to motorized travel. Beartooth Ranger District Travel Service 2005 Travel Management Rule, A consequence of designating routes Management Plan. the Tri-state OHV decision, and open for public motorized travel is that confusion generated in trying to those existing routes not designated as Scoping Process implement the 1987 Beartooth Travel open would be not be available for Public scoping was initiated January Plan. Both the Travel Management Rule public motorized travel. 30, 2004 and was planned to close by and the Tri-State OHV decision set Decommissioning or obliterating these May 1, 2004. Several public meetings timeframes within which to complete, routes, which may involve ground were conducted in local communities and/or start (as in the case of the Tri- disturbing activities, would not be a part that could be affected by the decision. State decision), specific route of the Proposed Action or alternatives, The scoping period was extended to designation decisions, as necessary. It is and would generally require separate September 1, 2004 due to high public important to note, that identifying and distinct site-specific NEPA interest. The Forest Service received existing National Forest System Roads decisions regarding the implementation over 5000 letters, postcards or other and Trails on a MVUM does not aspects of road closures. The forms of commenting (i.e. electronically constitute a decision pursuant to the environmental consequences of having submitted comments). The project was National Environment Policy Act. routes closed to motorized travel will be delayed due to some key personnel Federal land managers are directed evaluated in this environmental changes, acts of nature (slides on (Executive Order 11644, 36 CFR 212, analysis. Beartooth Highway and the Derby fire), and 43 CFR 8342.1) to ensure that the Identification of new routes that and release of the 2005 Travel use of motorized vehicles and off-road would meet the goals and objectives for Management Rule. Hence, additional vehicles will be controlled and directed a motorized transportation system on public meetings were conducted in July so as to protect the resources of those NFS lands will be, as appropriate, a part 2006 to update the public on the process lands, to promote the safety of users, of this travel management planning and and brief those involved in the process minimize conflicts among the various identified as an opportunity, but would on the 2005 Travel Management Rule, uses of the federal lands, and to provide require separate, site-specific NEPA and from January through March 2007 for public use of roads and trails decisions to implement ground collaborative public meetings were designated as open. disturbing activities associated with conducted in an effort to find common Proposed Action new route construction. ground. The Forest Service will consider all The proposed action is to designate Responsible Official public scoping comments and concerns selected roads, trails, and areas open to The Responsible Official is Steve E. that have been submitted, as well as public motorized travel, designate Williams, Forest Supervisor, Custer resource related input from the dispersed vehicle camping, and National Forest, 1310 Main Street, interdisciplinary team and other agency implement changes in pack and saddle Billings, MT 59105. resource specialists. This input will be stock use on non-motorized trails on the used to identify issues to consider in the Nature of Decision To Be Made Beartooth Ranger District, Custer environmental analysis. A National Forest (NFS lands). The Based on the purpose and need for the comprehensive list of issues will be designations will also set specific proposed action, the Forest Supervisor determined before the full range of seasons of use, where appropriate, and will evaluate the Proposed Action and alternatives is developed and the specify the type of use (e.g., highway other alternatives in order to make the environmental analysis is begun. legal vehicle, ATV’s, motorcycles) for following decisions for the specific Persons and organizations roads, trails, and areas. The Forest National Forest System lands: commenting during the initial scoping Service will produce a Motor Vehicle • Determine those non-system roads, will be maintained on the mailing list Use Map (MVUM) depicting those trails, and areas that should be for future information about Beartooth routes which are open to the general converted to system roads, trails and Ranger District Travel Management public for wheeled motorized use. This areas, and designate as open to the Planning. alternative, as well as any other action public for motorized travel; and, The Responsible Official has alternative, will require a Forest Plan • Determine the allowed season and/ determined, at this time that it is in the amendment to remove specific road or type of use for those routes open to best interest of the Forest Service to management contained in the Forest motorized travel prepare an environmental impact • Plan and provide for management of Determine if any changes in the statement. those roads in the travel plan decision. extent and nature of dispersed vehicle camping are warranted. Comments Requested No Action Alternative • Determined those non-motorized Given that scoping has been The No Action alternative would be to trails where pack and saddle stock use conducted and that numerous public designate the current Beartooth Ranger would be changed to day use or meetings have been conducted, District system motorized roads and prohibited. comments are not being requested at trails for public motorized use, but • Site-specifically amend the Forest this time. would not address existing routes that Plan by removing standards and are identified as unauthorized (i.e. non- guidelines for specific roads and trails Early Notice of Importance of Public system) routes by the Forest Service. from the Forest Plan (for example, see Participation in Subsequent The existing condition would be to Forest Plan pages 51, 89, and 91). Travel Environmental Review designate all of the system and non- management direction for routes that A draft environmental impact system motorized routes identified will not have a change in travel statement will be prepared for public during the 1999–2000 Custer National management direction will be shown on comment. The comment period on the

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draft environmental impact statement DEPARTMENT OF AGRICULTURE Custer County. The northernmost point will be 45 days from the date that the of the project area lies approximately Environmental Protection Agency (EPA) Forest Service four miles north of US Highway 16 publishes the notice of availability in along Lightning Creek road. The South Project; Hell Canyon Ranger the Federal Register. southernmost point of the project area is District, Black Hills National Forest Written comments are preferred and approximately 12 miles south of US Custer, SD Highway 16 along Pleasant Valley Road. should include the name and address of the commenter. Comments submitted AGENCY: Forest Service, USDA. Purpose and Need for Action for this proposed action will be ACTION: Notice of intent to prepare an considered part of the public record. Environmental Impact Statement (EIS). The purpose and need for action in the South project area is to reduce the The Forest Service believes, at this SUMMARY: The Hell Canyon Ranger risk of large-scale wildfire on the At- early stage, it is important to give District of the Black Hills National Risk Communities (ARCs) of Custer, reviewers notice of several court rulings Forest intends to prepare an Pringle and Argyle, South Dakota (66 FR related to public participation in the Environmental Impact Statement (EIS) 43384), provide for wildlife habitat environmental review process. for a proposal to implement multiple needs, enhance vegetative diversity, Reviewers of draft environmental resource management actions within the reduce the risk of mountain pine beetle impact statements must structure their South project area as directed by the infestation, and provide a sustainable participation in the review of the Black Hills National Forest Land and supply of commercial timber consistent proposal so that it is meaningful and Resource Management Plan. The South with direction in the Revised Forest alerts an agency to the reviewer’s project area is approximately 52,082 Plan for the Black Hills National Forest, position and contentions. Vermont acres in size, with 43,045 acres of as amended (Forest Plan), while Yankee Nuclear Power Corp. v. NRDC, National Forest lands, 1,197 acres of providing for management and public 435 U.S. 519, 533 (1978). Also, state land and 7,840 acres of private access needs. This project is focused on environmental objections that could be land. The project proposes to reduce the implementing management actions that raised at the draft environmental impact risk of large-scale wildfire effects on the move toward achieving desired statement stage, but that are not raised At-Risks Communities (ARC) of Custer, conditions and objectives embodied in until after completion of the final Pringle and Argyle, South Dakota, Goals 10 (establish and maintain a environmental impact statement, may provide for wildlife habitat needs, mosaic of vegetation conditions to be waived or dismissed by the courts. reduce risks of mountain pine beetle reduce occurrences of large-scale fire, City of Angoon v. Hodel, 803 F.2d 1016, infestation, provide a sustainable supply insect, and disease events), 2 (provide 1022 (9th Cir. 1986) and Wisconsin of commercial timber, and provide for biologically diverse ecosystems), and Heritages Inc. v. Harris, 409 F. Supp. management and public access. 3 (provide for sustained commodity 1334, 1338 (E.D. Wis. 1980). Because of DATES: Comments related to this project uses) of the Forest Plan. these court rulings, it is very important will be most useful to the planning team Proposed Action that those interested in this proposed if received within 30 days after action participate by the close of the 45- publication of this notice in the Federal The proposed action includes the day comment period so that substantive Register. The draft environmental following management actions: comments and objections are made impact statement is expected to be • Commercial thinning to 40 basal available to the Forest Service at the available January 2008 and the final area on approximately 9,621 acres to environmental impact statement is time when it can meaningfully consider reduce fuels around private lands to expected to be completed by June 2008. them and respond to them in the final reduce the risk of large-scale wildfire. In environmental impact statement. ADDRESSES: Send written comments to addition, approximately 9,400 acres of To assist the Forest Service in Michael D. Lloyd, District Ranger, Black prescribed burning is proposed to identifying and considering issues and Hills National Forest, Hell Canyon reduce fuels in other portions of the concerns on the proposed action, Ranger District, 330 Mount Rushmore project area to create fuel breaks for comments on the draft environmental Road, Custer, South Dakota 57730. community protection. impact statement should be as specific Telephone number: (605) 673–4853. Fax • number: (605) 673–5461. Electronic Commercial thinning to 60 basal as possible. It is also helpful if area on approximately 2,628 acres to comments refer to specific pages or comments must be readable in Word, RichText or pdf format and must increase tree growth and vigor, reduce chapters of the draft statement. the potential for mountain pine beetle Comments may also address the contain ‘‘South’’ in the subject line. Electronic comments may be e-mailed infestation and reduce the potential for adequacy of the draft environmental spreading crown fires. impact statement or the merits of the to: comments-rocky-mountain-black- [email protected]. • Releasing approximately 11,428 alternative formulated and discussed in acres of regenerated pine stands through the statement. Reviewers may wish to FOR FURTHER INFORMATION CONTACT: overstory removal prescriptions. refer to the Council on Environmental Betsy Koncerak, Project Leader, at the • Quality Regulations for implementing address listed above or by phone at Restoration and maintenance of the procedural provisions of the (605) 673–4853. meadows by removing conifers from National Environmental Policy Act at 40 SUPPLEMENTARY INFORMATION: The approximately 2,847 acres of these CFR 1503.3 in addressing these points. actions proposed are in direct response habitats. • Dated: July 18, 2007. to management direction provided by Reducing the density of the the Black Hills National Forest Land managed road system, which is Nancy J. Rusho, and Resource Management Plan, as currently 5.4 miles per square mile, by Acting Deputy Forest Supervisor. amended (Forest Plan). The Project Area closing unneeded roads and by [FR Doc. 07–3616 Filed 7–24–07; 8:45 am] is located approximately four miles west converting needed, unauthorized roads BILLING CODE 3410–11–M of Custer, South Dakota and is within to system roads.

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Responsible Official but that are not raised until after DATES: Wednesday, August 8, 2007, Michael D. Lloyd, District Ranger, completion of the final environmental beginning at 10:30 a.m. Black Hills National Forest, Hell Canyon impact statement may be waived or ADDRESSES: Idaho Counties Risk Ranger District, 330 Mount Rushmore dismissed by the courts. City of Angoon Management Program Building, 3100 Road, Custer, South Dakota 57730. v. Hodel, 803 F.2d 1016, 1022 (9th Cir. South Vista Avenue, Boise, Idaho. 1986) and Wisconsin Heritages, Inc. v. SUPPLEMENTARY INFORMATION: Nature of Decision To Be Made Agenda Harris, 490 F. Supp. 1334, 1338 (E.D. topics will include review and approval The decision to be made is whether or Wis. 1980). Because of these court of project proposals, and is an open not to implement the proposed action or rulings, parties interested in this public forum. an alternative to the proposed action at proposed action must submit comments FOR FURTHER INFORMATION CONTACT: by the close of the 45 day comment this time. Doug Gochnour, Designated Federal period to assure that the Forest Service Scoping Process Officer, at 208–392–6681 or e-mail planning team can meaningfully [email protected]. The Hell Canyon Ranger District has consider and respond to them in the mailed letters with comprehensive final environmental impact statement. Dated: July 17, 2007. scoping documents to landowners, local To assist the Forest Service in Richard A. Smith, and tribal government representatives, identifying and considering issues and Forest Supervisor, Boise National Forest. permittees, and other interested or concerns on the proposed action, [FR Doc. 07–3617 Filed 7–24–07; 8:45 am] potentially affected parties and comments on the draft environmental BILLING CODE: 3410–11–M organizations. The scoping document impact statement should be as specific with attached maps will be posted on as possible. Please refer to specific pages the Black Hills National Forest Web site or chapters of the draft statement. DEPARTMENT OF AGRICULTURE in July 2007. Comments submitted in Comments may also address the response to this NOI will be most useful adequacy of the draft environmental Forest Service to the project planning team if received impact statement or the merits of the within 30 days from the date of this alternatives formulated and discussed Sierra County, CA, Resource Advisory notice. within the statement. In addressing Committee Comment Requested these points, reviewers may wish to AGENCY: Forest Service, USDA. refer to the Council on Environmental This notice of intent is part of the ACTION: Notice of Meeting. Quality Regulations for implementing scoping process which will guide the the procedural provisions of the SUMMARY: development of the EIS. Comments The Sierra County Resource National Environmental Policy Act at 40 received will assist the planing team Advisory Committee (RAC) will meet on CFR 1503.3. with identification of key issues to August 9, 2007, in Sierraville, refine the proposal, create alternative Comments received on this proposal, California. The purpose of the meeting proposals, and identify necessary including names and addresses of those is to discuss issues relating to project design features. Comments on who comment, will be considered part implementing the Secure Rural Schools the Draft EIS will be requested during of the public record and will be and Community Self-Determination Act the 45 day comment period following available for public inspection. of 2000 (Payments to States) as extended publication of the Notice of Availability (Authority: 40 CFR 1501.7 and 1508.22; by Public Law 110–28 and the in the Federal Register which is Forest Service Handbook 1909.15, Section expenditure of Title II funds benefiting expected in January 2008. 21) National Forest System lands on the Humboldt-Toiyabe, Plumas and Tahoe Dated: July 18, 2007. Early Notice of Importance of Public National Forests in Sierra County. Craig Bobzien Participation in Subsequent DATES: The meeting will be held Forest Supervisor, Black Hills National Forest. Environmental Review Thursday, August 9, 2007 at 10 a.m. (If A Draft EIS will be prepared for [FR Doc. 07–3621 Filed 7–24–07; 8:45 am] there is a need to cancel this meeting, comment. The comment period on the BILLING CODE 3410–11–M a back-up is scheduled for Monday, draft environmental impact statement August 13, 2007 at the same time/ will be 45 days from the date the DEPARTMENT OF AGRICULTURE location.) Environmental Protection Agency ADDRESSES: The meeting will be held at publishes the Notice of Availability in Forest Service the Downieville Community Hall, the Federal Register. Downieville, CA. The Forest Service planning team Notice of Southwest Idaho Resource FOR FURTHER INFORMATION CONTACT: Ann would like to take this opportunity to Advisory Committee Meeting give reviewers advanced notice of Westling, Committee Coordinator, several court rulings related to public AGENCY: Forest Service, USDA. USDA, Tahoe National Forest, 631 Coyote St., Nevada City, CA 95959, participation in the environmental ACTION: Notice of meeting. review process: (1) Reviewers of draft (530) 478–6205, e-mail: environmental impact statements must SUMMARY: Pursuant to the authorities in [email protected]. structure their participation in the the Federal Advisory Committee Act SUPPLEMENTARY INFORMATION: Agenda environmental review of the proposal so (Pub. L. 92–463) and under the Secure items to be covered include: (1) that it is meaningful and alters an Rural Schools and Community Self- Welcome and announcements; (2) status agency to the reviewer’s position and Determination Act of 2000 (Pub. L. 106– of previously approved projects; and (3) contentions. Vermont Yankee Nuclear 393), the Boise and Payette National review of and decisions on new projects Power Corp. v. NRDC, 435 U.S. 519, 553 Forests’ Southwest Idaho Resource proposals for current year. The meeting (1978); (2) Environmental objections Advisory Committee will conduct a is open to the public and the public will that could be raised at the draft business meeting, which is open to the have an opportunity to comment at the environmental impact statement stage public. meeting.

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Dated: July 18, 2007. PUBLIC CALL IN NUMBER: 1–800–597– tubes, pipes, plugs, heat exchangers, Steven T. Eubanks, 7623. brake rotors, governors, brackets, Forest Supervisor. Meeting Agenda solenoids and actuators, electrical [FR Doc. 07–3619 Filed 7–24–07; 8:45 am] converters/transformers/inductors, I. Approval of Agenda. printed circuit boards, sensors, senders, BILLING CODE 3410–11–M II. Approval of Minutes of July 13, Meeting. III. Announcements. meters and gauges, instruments; and IV. Staff Director’s Report. signaling equipment (duty rates: free— DEPARTMENT OF AGRICULTURE V. Program Planning. 9.0%). • FY 2007 Statutory Report. FTZ procedures would exempt Rural Business-Cooperative Service VI. Future Agenda Items. Perkins Shibaura from Customs duty VII. Adjourn. payments on the foreign components Notice Inviting Applications for CONTACT PERSON FOR FURTHER used in export production. On Biomass Research and Development; INFORMATION: Manuel Alba, Press and shipments to the U.S. market, Perkins Correction Communications, (202) 376–8582. Shibaura could elect the finished engine AGENCY: Rural Business-Cooperative Dated: July 23, 2007. duty rate (free) for the foreign Service, USDA. David Blackwood, components used in production when the finished engines are entered for U.S. ACTION: Notice; correction. General Counsel. consumption from the zone. The [FR Doc. 07–3663 Filed 7–23–07; 3:21 pm] SUMMARY: The U.S. Department of application indicates that the company Agriculture (USDA) published a BILLING CODE 6335–01–P would also realize duty deferral and document in the Federal Register of certain logistical/supply chain savings. Monday, June 11, 2007, concerning the Public comment is invited from joint solicitation of applications for DEPARTMENT OF COMMERCE interested parties. Submissions (original and 3 copies) shall be addressed to the USDA and the Department of Energy Foreign-Trade Zones Board (DOE) for financial assistance Board’s Executive Secretary at the addressing research and development of [Docket 24–2007] following address: Office of the biomass based products, bioenergy, Executive Secretary, Room 2111, U.S. biofuels, and related products. This Foreign-Trade Zone 26—Atlanta, GA; Department of Commerce, 1401 document contained information Request for Manufacturing Authority; Constitution Avenue, NW.,Washington, regarding the grant amount in USDA Perkins Shibaura Engines LLC (Diesel DC 20230–0002. The closing period for funding. Engines) receipt of comments is August 24, 2007. A copy of the application will be FOR FURTHER INFORMATION CONTACT: Lisa An application has been submitted to Siesennop, Business Programs, Loan the Foreign-Trade Zones Board (the available for public inspection at the and Grant Analyst, USDA Rural Board) by Georgia Foreign-Trade Zone, Office of the Foreign-Trade Zones Development, STOP 3225, Room 6870, Inc., grantee of FTZ 26, pursuant to Board’s Executive Secretary at the 1400 Independence Avenue, SW., Section 400.28(a)(2) of the Board’s address listed above. For further regulations (15 CFR part 400), information, contact Pierre Duy, Washington, DC 20250–3225. _ Telephone: (202) 690–3810, Fax: (202) requesting authority on behalf of examiner, at: pierre [email protected], or 720–6561. Perkins Shibaura Engines LLC (Perkins (202) 482–1378. Shibaura) to manufacture diesel engines Dated: July 19, 2007. Correction under FTZ procedures within FTZ 26. It Andrew McGilvray, In the Federal Register of June 11, was formally filed on July 19, 2007. Executive Secretary. 2007, FR Doc. 07–2865, on page 32060, The Perkins Shibaura facility (150 [FR Doc. E7–14369 Filed 7–24–07; 8:45 am] in the first column, under Grant employees) is located at 325 Green BILLING CODE 3510–DS–P Amounts, correct the first sentence to Valley Road within the Green Valley read: Up to $4 million in DOE funding Industrial Park (Site 6) in Griffin, and up to $14 million in USDA funding Georgia. Under FTZ procedures, Perkins DEPARTMENT OF COMMERCE is available for new awards under this Shibaura would assemble up to 50,000 Solicitation. compact diesel engines (HTSUS International Trade Administration Dated: July 16, 2007. 8408.90; 10–60 horsepower) for the U.S. market and export. Foreign components Ben Anderson, A–570–916 that would be used in the FTZ assembly Acting Administrator,Rural Business- activity include: Fuel/water pumps, Laminated Woven Sacks from the Cooperative Service. injectors, crankshafts, camshafts, People’s Republic of China: Initiation [FR Doc. E7–14383 Filed 7–24–07; 8:45 am] flywheels, pulleys, filters, motors, of Antidumping Duty Investigation BILLING CODE 3410–XY–P glowplugs, seals and o-rings, bearings and housings, tubes/pipes/hoses of AGENCY: Import Administration, International Trade Administration, COMMISSION ON CIVIL RIGHTS rubber, belts, flanges, spring/lock washers, fasteners, fittings, cylinder Department of Commerce. EFFECTIVE DATE: Sunshine Act Notice heads, pumps, actuator motors, July 25, 2007. compressors, cooling fans, holders, air FOR FURTHER INFORMATION CONTACT: AGENCY: United States Commission on filters, gears, gearboxes, speed changers, Catherine Bertrand, AD/CVD Civil Rights. torque converters, ball/roller screws, Operations, Office 9, Import ACTION: Notice of meeting. generators, ignition parts, electrical Administration, International Trade switches and connectors, process Administration, U.S. Department of DATE AND TIME: Thursday, August 2, control instruments, paints, gaskets, Commerce, 14th Street and Constitution 2007; 6 p.m. sealants, stoppers/lids, labels, decals, Avenue, NW, Washington, DC 20230; PLACE: Via Teleconference. articles of graphite or carbon, adaptors, telephone: (202) 482–3207.

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SUPPLEMENTARY INFORMATION: Countervailing Duties; Final Rule, 62 FR petition account for: (i) at least 25 27296, 27323 (May 19, 1997)), we are percent of the total production of the INITIATION OF INVESTIGATION: setting aside a period for interested domestic like product; and (ii) more The Petition parties to raise issues regarding product than 50 percent of the production of the On June 28, 2007, the Department of coverage. The Department encourages domestic like product produced by that Commerce (‘‘Department’’) received a all interested parties to submit such portion of the industry expressing petition concerning imports of comments by August 7, 2007. support for, or opposition to, the laminated woven sacks (‘‘LWS’’) from Comments should be addressed to petition. Moreover, section 732(c)(4)(D) the People’s Republic of China (‘‘PRC’’) Import Administration’s Central of the Act provides that, if the petition filed in proper form by the Laminated Records Unit, Room 1870, U.S. does not establish support of domestic Woven Sacks Committee and its Department of Commerce, 14th Street producers or workers accounting for individual members, Bancroft Bags, Inc., and Constitution Avenue, NW, more than 50 percent of the total Coating Excellence International, LLC, Washington, DC 20230, attention production of the domestic like product, Hood Packaging Corporation, Mid– Catherine Bertrand, room 4003. The the Department shall: (i) poll the America Packaging, LLC, and Polytex period of scope consultations is industry or rely on other information in intended to provide the Department order to determine if there is support for Fibers Corporation (collectively, with ample opportunity to consider all the petition, as required by (‘‘Petitioners’’). See Petition on comments and to consult with parties subparagraph (A), or (ii) determine Laminated Woven Sacks from the prior to the issuance of the preliminary industry support using a statistically People’s Republic of China filed on June determination. valid sampling method. 28, 2007 (‘‘Petition’’). On July 2, and 11, Section 771(4)(A) of the Act defines 2007, the Department issued requests Comments on Product Characteristics the ‘‘industry’’ as the producers as a for additional information and for Antidumping Duty Questionnaire whole of a domestic like product. Thus, clarification of certain areas of the We are requesting comments from to determine whether a petition has the Petition. Based on the Department’s interested parties regarding the requisite industry support, the statute requests, the Petitioners filed additional appropriate physical characteristics of directs the Department to look to information on July 9, and 12, 2007. The laminated woven sacks to be reported in producers and workers who produce the period of investigation (‘‘POI’’) is response to the Department’s domestic like product. The International October 1, 2006, through March 31, antidumping questionnaire. For Trade Commission (ITC), which is 2007. See 19 CFR 351.204(b). example, we are considering whether responsible for determining whether In accordance with section 732(b) of certain physical characteristics such as ‘‘the domestic industry’’ has been the Tariff Act of 1930, as amended (‘‘the width, gusset, length, fabric thickness, injured, must also determine what Act’’), the Petitioners allege that imports coating thickness, film thickness, and constitutes a domestic like product in of LWS from the PRC are being, or are total bag weight are relevant. This order to define the industry. While both likely to be, sold in the United States at information will be used to identify the the Department and the ITC must apply less than fair value, within the meaning key physical characteristics of the the same statutory definition regarding of section 731 of the Act, and that such subject merchandise in order for the domestic like product (section imports are materially retarding the respondents to more accurately report 771(10) of the Act), they do so for establishment of an industry in the the relevant factors of production. different purposes and pursuant to a United States, or that such an industry Interested parties may provide any separate and distinct authority. In is materially injured or threatened with information or comments that they feel addition, the Department’s material injury by reason of such are relevant to the development of an determination is subject to limitations of imports. accurate listing of physical time and information. Although this The Department finds that the characteristics. Specifically, they may may result in different definitions of the Petitioners filed this Petition on behalf provide comments as to which like product, such differences do not of the domestic industry because the characteristics are appropriate to use 1) render the decision of either agency Petitioners are interested parties as as general product characteristics and 2) contrary to law. See USEC, Inc. v. defined in section 771(9)(C), (E) and (F) as the product reporting criteria. We United States, 132 F. Supp. 2d 1, 8 (CIT of the Act, and have demonstrated note that it is not always appropriate to 2001), citing Algoma Steel Corp. Ltd. v. sufficient industry support with respect use all product characteristics as United States, 688 F. Supp. 639, 644 to the antidumping duty investigation product reporting criteria. In order to (1988), aff’d 865 F.2d 240 (Fed. Cir. (see ‘‘Determination of Industry Support consider the suggestions of interested 1989), cert. denied 492 U.S. 919 (1989). for the Petitions’’ section below). parties in developing and issuing the Section 771(10) of the Act defines the Scope of Investigation antidumping duty questionnaires, we domestic like product as ‘‘a product The merchandise covered by this must receive non–proprietary comments which is like, or in the absence of like, investigation is laminated woven sacks. at the above–referenced address by most similar in characteristics and uses See Attachment I to this notice for a August 8, 2007, and rebuttal comments with, the article subject to an complete description of the must be received within 10 calendar investigation under this subtitle.’’ Thus, merchandise covered by this days of the receipt of timely filed the reference point from which the investigation. comments. domestic like product analysis begins is ‘‘the article subject to an investigation,’’ Comments on Scope of Investigation Determination of Industry Support for (i.e., the class or kind of merchandise to During our review of the Petition, we the Petition be investigated, which normally will be discussed the scope with the Petitioners Section 732(b)(1) of the Act requires the scope as defined in the petition). to ensure that it is an accurate reflection that a petition be filed on behalf of the With regard to the domestic like of the products for which the domestic domestic industry. Section 732(c)(4)(A) product, the Petitioners do not offer a industry is Seeking relief. Moreover, as of the Act provides that a petition meets definition of domestic like product discussed in the preamble to the this requirement if the domestic distinct from the scope of the regulations (Antidumping Duties; producers or workers who support the investigation. Based on our analysis of

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the information submitted on the whether there is a reasonable indication Export Price record, we have determined that that the establishment of an industry in The Petitioners relied on two U.S. laminated woven sacks constitute a the United States is materially retarded offers for LWS manufactured in the PRC single domestic like product and we by reason of imports of the subject and offered for sale in the United States. have analyzed industry support in terms merchandise.’’ The Petitioners allege The two price offers were for a certain of that domestic like product. For a that imports of subject merchandise type of laminated woven sack falling discussion of the domestic like product from the PRC have materially retarded within the scope of the Petition, for sale analysis in this case, see the the establishment of the domestic to the U.S. customer within the POI. Antidumping Investigation Initiation industry producing LWS. The The Petitioners deducted from the Checklist: Laminated Woven Sacks from Petitioners argue that U.S. producers of prices the costs associated with the People’s Republic of China (PRC), LWS have not stabilized their exporting and delivering the product, Industry Support at Attachment II operations and, therefore, a U.S. foreign inland freight costs, and foreign (Initiation Checklist), on file in the industry producing LWS has not been brokerage and handling. See Initiation Central Records Unit, Room B–099 of established. To support their argument, Checklist. The Petitioners adjusted the the main Department of Commerce the Petitioners examine the five factors U.S. price for foreign inland freight building. considered by the ITC to determine if an Our review of the data provided in the charges based on the methodology used industry is established, as set forth in by the Department in Hand Trucks and Petition, supplemental submissions, and the ITC’s Antidumping and other information readily available to Certain Parts Thereof From the People’s Countervailing Duty Handbook. See Republic of China: Final Results of the Department indicates that the Antidumping and Countervailing Duty Petitioners have established industry Administrative Review and Final Handbook (12th Ed.), USITC Pub. 3916 Results of New Shipper Review, 72 FR support. First, the Petition established (April 2007). Furthermore, the support from domestic producers (or 27287 (May 15, 2007) (‘‘Hand Trucks’’) Petitioners contend that their efforts to See Petition at page 29. The Petitioners workers) accounting for more than 50 establish a domestic LWS industry have percent of the total production of the adjusted the U.S. price for foreign been thwarted by dumped imports of brokerage and handling based on Indian domestic like product and, as such, the LWS from the PRC. Department is not required to take surrogate value data applied in Hand The Petitioners also allege that the Trucks. See Petition at page 29. further action in order to evaluate U.S. industry producing the domestic industry support (e.g., polling). See like product is being materially injured, Normal Value Section 732(c)(4)(D) of the Act. Second, or is threatened with material injury, by the domestic producers have met the The Petitioners stated that the PRC reason of the imports of the subject statutory criteria for industry support remains a non–market economy merchandise sold at less than normal under 732(c)(4)(A)(i) because the (‘‘NME’’) country and no determination value (‘‘NV’’). The Petitioners contend domestic producers (or workers) who to the contrary has yet been made by the that the industry’s injured condition is support the Petition account for at least Department. Recently, the Department illustrated by lost sales, lost revenue, 25 percent of the total production of the examined the PRC’s market status and underselling and price depression or domestic like product. Finally, the determined that NME status should suppression, poor financial domestic producers have met the continue for the PRC. See Memorandum performance, capacity and depressed statutory criteria for industry support from the Office of Policy to David M. under 732(c)(4)(A)(ii) because the capacity utilization rate, and increased Spooner, Assistant Secretary for Import domestic producers (or workers) who import penetration. Administration, Regarding The People’s support the Petition account for more We have assessed the allegations and Republic of China Status as a Non– than 50 percent of the production of the supporting evidence regarding material Market Economy, dated May 15, 2006. domestic like product produced by that retardation and material injury and (This document is available online at portion of the industry expressing causation, and we have determined that http://ia.ita.doc.gov/download /prc– support for, or opposition to, the these allegations are properly supported nme-status/prc–nme-status–memo.pdf.) Petition. Accordingly, the Department by adequate evidence and meet the In addition, in two recent investigations, determines that the Petition was filed on statutory requirements for initiation. See the Department also determined that the behalf of the domestic industry within Initiation Checklist at Attachment III PRC is an NME country. See Final the meaning of section 732(b)(1) of the (Injury). Determination of Sales at Less Than Fair Value: Certain Activated Carbon Act See Initiation Checklist at Allegation of Sales at Less Than Fair from the People’s Republic of China, 72 Attachment II (Industry Support). Value The Department finds that the FR 9508 (March 2, 2007), and Final Petitioners filed the Petition on behalf of The following is a description of the Determination of Sales at Less Than the domestic industry because they are allegation of sales at less than fair value Fair Value and Partial Affirmative interested parties as defined in sections upon which the Department based its Determination of Critical 771(9)(C), (E), and (F) of the Act and decision to initiate this investigation on Circumstances: Certain Polyester Staple they have demonstrated sufficient imports of LWS from the PRC. The Fiber from the People’s Republic of industry support with respect to the sources of data for the deductions and China, 72 FR 19690 (April 19, 2007). In antidumping investigation that they are adjustments relating to the U.S. price accordance with section 771(18)(C)(i) of requesting the Department initiate. See and the factors of production are also the Act, the presumption of NME status Initiation Checklist at Attachment II discussed in the checklist. See Initiation remains in effect until revoked by the (Industry Support). Checklist. Should the need arise to use Department. The presumption of NME any of this information as facts available status for the PRC has not been revoked Allegations and Evidence of Material under section 776 of the Act in our by the Department and remains in effect Retardation and of Material Injury and preliminary or final determinations, we for purposes of the initiation of this Causation will reexamine the information and investigation. Accordingly, the NV of Section 733(a)(1)(B) of the Act states revise the margin calculations, if the product is appropriately based on that the ITC ‘‘shall determine . . . appropriate. factors of production valued in a

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surrogate market–economy country in Department to be NME countries; and Application of Combination Rates accordance with section 773(c) of the imports into India from Indonesia, the in Antidumping Investigations Act. In the course of this investigation, Republic of Korea and Thailand, involving Non–Market Economy all parties will have the opportunity to because the Department has previously Countries (April 5, 2005) (Separate provide relevant information related to excluded prices from these countries Rates and Combination Rates Bulletin), the issues of the PRC’s NME status and because they maintain broadly available on the Department’s Web site the granting of separate rates to available, non–industry-specific export at http://ia.ita.doc.gov/policy/bull05– individual exporters. subsidies, as well as imports from 1.pdf. The process requires the The Petitioners selected India as the unspecified countries. See Hand Trucks submission of a separate–rate status surrogate country arguing that, pursuant accompanying Issues and Decision application. Based on our experience in to section 773(c)(4) of the Act, India is Memorandum at Comment 23. The processing the separate–rate an appropriate surrogate because it is a surrogate values used by the Petitioners applications in the following market–economy country that is at a for the material and packing inputs antidumping duty investigations, we level of economic development consist of information reasonably have modified the application for this comparable to that of the PRC and is a available to the Petitioners and are, investigation to make it more significant producer and exporter of therefore, acceptable for purposes of administrable and easier for applicants LWS. See Petition at page 23. Based on initiation. to complete. See Initiation of the information provided by the With respect to the surrogate financial Antidumping Duty Investigations: Petitioners, we believe that the use of expenses, the Petitioners relied on the Certain Lined Paper Products From India as a surrogate country is factory overhead, SG&A expenses and India, Indonesia, and the People’s appropriate for purposes of initiation. profitability of two Indian LWS Republic of China, 70 FR 58374, 58379 After the initiation of the investigation, producers, KG Petrochem, Ltd, and (October 6, 2005); Initiation of we will solicit comments regarding Dhoot Compack, Ltd., taken from the Antidumping Duty Investigation: surrogate country selection. companies’ most recently available Certain Artist Canvas From the People’s The Petitioners provided dumping annual reports that are closest to the Republic of China, 70 FR 21996, 21999 margin calculations using the POI. See Petition at page 28 and Exhibit (April 28, 2005); and Initiation of Department’s NME methodology as 18. We find that the Petitioners’ use of Antidumping Duty Investigations: required by 19 CFR 351.202(b)(7)(i)(C) these two companies’ information as the Diamond Sawblades and Parts Thereof and 19 CFR 351.408. However, because source for the surrogate financial from the People’s Republic of China and information regarding the factors of expenses is appropriate for purposes of the Republic of Korea, 70 FR 35625, production consumed by Chinese initiation. 35629 (June 21, 2005). The specific producers is not available to the requirements for submitting the Petitioners, the Petitioners calculated Fair Value Comparisons separate–rate application in this NVs for each U.S. price discussed above Based on the data provided by the investigation are outlined in detail in based on consumption rates for Petitioners, there is reason to believe the application itself, which will be producing LWS as experienced by U.S. that imports of LWS from the PRC are available on the Department’s Web site producers. See Petition at page 22. The being, or are likely to be, sold in the at http://ia.ita.doc.gov/ia–highlights- Petitioners use a U.S. producer’s United States at less than fair value. and–news.html on the date of consumption figures, as actual factors of Based on comparisons of export price to publication of this initiation notice in production for a Chinese company were NV, calculated in accordance with the Federal Register. The separate–rate not reasonably available. The Petitioners section 773(c) of the Act, the estimated application is due no later than provide affidavits to support their NV dumping margins for laminated woven September 17, 2007. calculation. See July 9, 2007, response sacks are 74.70 percent and 91.73 at Exhibits B and C. Accordingly, we percent. NME Respondent Selection and found the Petitioners’ use of the Quantity and Value Questionnaire production data to be reasonable. Initiation of Antidumping For the NV calculations, the Investigations For NME investigations, it is the Petitioners were unable to obtain Based upon the examination of the Department’s practice to request surrogate value figures Petition on LWS from the PRC, the quantity and value information from all contemporaneous with the POI for all Department finds that the Petition meets known exporters identified in the PRC material inputs, and accordingly relied the requirements of section 732 of the Petition. Although many NME exporters upon the most recent information Act. Therefore, we are initiating an respond to the quantity and value available. The sources of these data antidumping duty investigation to information request, at times some include the World Trade Atlas determine whether imports of laminated exporters may not have received the compilation of Indian import statistics, woven sacks from the PRC are being, or quantity and value questionnaire or may which provided data through November are likely to be, sold in the United States not have received it in time to respond 2006 at the time the Petition was filed. at less than fair value. In accordance by the specified deadline. Therefore, the See Petition at page 24. Where an input with section 733(b)(1)(A) of the Act, Department typically requests the price reflected a period preceding the unless postponed, we will make our assistance of the NME government in POI, the Petitioners adjusted it for preliminary determination no later than transmitting the Department’s quantity inflation using the wholesale price 140 days after the date of this initiation. and value questionnaire to all index for India reported by the Reserve companies that manufacture and export Bank of India. See id. To value the cost Separate Rates and Quantity and Value subject merchandise to the United of electricity, the Petitioners used the Questionnaire States, as well as to manufacturers that identical methodology recently used by The Department recently modified the produce the subject merchandise for the Department in Hand Trucks. See process by which exporters and companies that were engaged in Petition at page 15 and Exhibit 15. The producers may obtain separate–rate exporting subject merchandise to the Petitioners excluded those values from status in NME investigations. See Policy United States during the POI. The countries previously determined by the Bulletin 05.1: Separate–Rates Practice quantity and value data received from

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NME exporters is used as the basis to that supplied the exporter during the fabric; laminated by any method select the mandatory respondents. the period of investigation. either to an exterior ply of plastic film The Department requires that the See Separate Rates and Combination such as biaxially–oriented respondents submit a response to both Rates Bulletin, at 6. polypropylene (‘‘BOPP’’) or to an the quantity and value questionnaire Distribution of Copies of the Petition exterior ply of paper that is suitable for and the separate–rate application by the high quality print graphics;1 printed respective deadlines in order to receive In accordance with section with three colors or more in register; consideration for separate–rate status. 732(b)(3)(A) of the Act, copies of the with or without lining; whether or not Attachment II of this notice contains the public version of the Petition have been closed on one end; whether or not in quantity and value questionnaire that provided to the representatives of the roll form; with or without handles; with must be submitted by all NME exporters Government of the PRC. We will or without special closing features; not no later than August 8, 2007. In attempt to provide a copy of the public exceeding one kilogram in weight. addition, the Department will post the version of the Petition to the foreign Laminated woven bags are typically quantity and value questionnaire along producers/exporters, consistent with 19 used for retail packaging of consumer with the filing instructions on the IA CFR 351.203(c)(2). goods such as pet foods and bird Seed. Web site: http://ia.ita.doc.gov/ia– International Trade Commission Effective July 1, 2007, laminated woven highlights-and–news.html. The Notification sacks are classifiable under Harmonized Department will send the quantity and We have notified the ITC of our Tariff Schedule of the United States value questionnaire to those companies initiation, as required by section 732(d) (‘‘HTSUS’’) subheadings 6305.33.0050 identified in Exhibit 4 of Volume I of of the Act. and 6305.33.0080. Laminated woven the Petition and those identified by the sacks were previously classifiable under NME government. Preliminary Determination by the HTSUS subheading 6305.33.0020. If International Trade Commission entered with plastic coating on both Use of Combination Rates in an NME sides of the fabric consisting of woven Investigation The ITC will preliminarily determine, no later than August 13, 2007, whether polypropylene strip and/or woven The Department will calculate there is a reasonable indication that polypropylene strip, laminated woven combination rates for certain imports of laminated woven sacks from sacks may be classifiable under HTSUS respondents that are eligible for a the PRC are materially retarding the subheadings 3923.21.0080, separate rate in the PRC investigation. establishment of a U.S. industry, or 3923.21.0095, and 3923.29.0000. If The Separate Rates and Combination whether such an industry is materially entered not closed on one end or in roll Rates Bulletin, states: injured or threatened with material form, laminated woven sacks may be {w}hile continuing the practice of injury by reason of such imports. A classifiable under HTSUS subheading assigning separate rates only to negative ITC determination with respect 5903.90.2500 and 3921.19.0000. exporters, all separate rates that the to the investigation will result in the Although HTSUS subheadings are Department will now assign in its investigation being terminated; provided for convenience and customs NME investigations will be specific otherwise, this investigation will purposes, the written description of the to those producers that supplied the proceed according to statutory and scope of this investigation is dispositive. exporter during the period of regulatory time limits. Attachment II investigation. Note, however, that This notice is issued and published one rate is calculated for the pursuant to section 777(i) of the Act. Where it is not practicable to examine exporter and all of the producers Dated: July 18, 2007. all known producers/exporters of which supplied subject subject merchandise, section 777A(c)(2) Joseph A. Spetrini, merchandise to it during the period of the Tariff Act of 1930 (as amended) of investigation. This practice Deputy Assistant Secretaryfor Import permits us to investigate 1) a sample of Administration. applies both to mandatory exporters, producers, or types of respondents receiving an Attachment I products that is statistically valid based individually calculated separate Scope of the Antidumping Duty on the information available at the time rate as well as the pool of non– Investigation of selection, or 2) exporters and investigated firms receiving the producers accounting for the largest weighted–average of the Laminated Woven Sacks from the volume and value of the subject individually calculated rates. This People’s Republic of China merchandise that can reasonably be practice is referred to as the The merchandise covered by this examined. application of ‘‘combination rates’’ investigation is laminated woven sacks. In the chart below, please provide the because such rates apply to specific Laminated woven sacks are bags or total quantity and total value of all your combinations of exporters and one sacks consisting of one or more plies of sales of merchandise covered by the or more producers. The cash– fabric consisting of woven scope of this investigation (See scope deposit rate assigned to an exporter polypropylene strip and/or woven section of this notice), produced in the will apply only to merchandise polyethylene strip; with or without an PRC, and exported/shipped to the both exported by the firm in extrusion coating of polypropylene and/ United States during the period October question and produced by a firm or polyethylene on one or both sides of 1, 2006, through March 31, 2007.

Market Total Quantity in Pieces Terms of Sale Total Value

United States. . 1. Export Price Sales.

1 ‘‘Paper suitable for high quality print graphics,’’ brightness of 82 or higher and a Sheffield example of a paper suitable for high quality print as used herein, means paper having an ISO Smoothness of 250 or less. Coated free sheet is an graphics.

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Market Total Quantity in Pieces Terms of Sale Total Value

2.. a. Exporter Name. b. Address. c. Contact. d. Phone No.. e. Fax No.. 3. Constructed Export Price Sales. 4. Further Manufactured. Total Sales.

Total Quantity: by your company directly to the telephone: (202) 482–1386 or (202) 482– • United States; 4047, respectively. Please report quantity on a piece • basis. If any conversions were used, Please include any sales exported SUPPLEMENTARY INFORMATION: please provide the conversion by your company to a third–country Background formula and source. market economy reseller where you had knowledge that the On May 21, 2007, the Department of Terms of Sales: merchandise was destined to be Commerce (the Department) published • resold to the United States. Please report all sales on the same in the Federal Register the preliminary • If you are a producer of subject terms (e.g., free on board). results of these new shipper reviews. merchandise, please include any See Silicon Metal from the People’s Total Value: sales manufactured by your Republic of China: Preliminary Results • company that were subsequently All sales values should be of the 2005/2006 New Shipper Reviews, exported by an affiliated exporter to reported in U.S. dollars. Please 72 FR 28467 (May 21, 2007). The final the United States. indicate any exchange rates used results of these reviews are currently • Please do not include any sales of and their respective dates and due byAugust 9, 2007. sources. merchandise manufactured in Hong Kong in your figures. Extension of Time Limits for Final Export Price Sales: Results Further Manufactured: • Generally, a U.S. sale is classified as an export price sale when the • Further manufacture or assembly Section 751(a)(2)(B)(iv) of the Tariff first sale to an unaffiliated person costs include amounts incurred for Act of 1930, as amended (the Act), and occurs before importation into the direct materials, labor and 19 CFR 351.214(i)(1) require the United States. overhead, plus amounts for general Department to issue the preliminary • Please include any sales exported and administrative expense, interest results of a new shipper review within by your company directly to the expense, and additional packing 180 days after the date on which the United States; expense incurred in the country of new shipper review was initiated and • Please include any sales exported further manufacture, as well as all final results of a review within 90 days by your company to a third–country costs involved in moving the after the date on which the preliminary market economy reseller where you product from the U.S. port of entry results were issued. The Department had knowledge that the to the further manufacturer. may, however, extend the deadline for merchandise was destined to be [FR Doc. E7–14370 Filed 7–24–07; 8:45 am] completion of the final results of a new shipper review to 150 days if it resold to the United States. Billing Code: 3510–DS–S • If you are a producer of subject determines that the case is merchandise, please include any extraordinarily complicated. See section sales manufactured by your DEPARTMENT OF COMMERCE 751(a)(2)(B)(iv) of the Act, and 19 CFR company that were subsequently 351.214(i)(2). exported by an affiliated exporter to International Trade Administration The Department has determined that the United States. these new shipper reviews are • Please do not include any sales of [A–570–806] extremely complicated because of the merchandise manufactured in Hong numerous and complex issues raised by Kong in your figures. Silicon Metal from the People’s interested parties in their case briefs Republic of China: Notice of Extension concerning surrogate country and Constructed Export Price Sales: of Time Limit for Final Results of 2005/ surrogate value selection. Therefore, the • Generally, a U.S. sale is classified 2006 New Shipper Reviews Department finds that it is not as a constructed export price sale practicable to complete these new AGENCY: when the first sale to an unaffiliated Import Administration, shipper reviews within the current time person occurs after importation. International Trade Administration, limit. Accordingly, the Department is However, if the first sale to the Department of Commerce. extending the time limit for the unaffiliated person is made by a EFFECTIVE DATE: July 25, 2007. completion of the final results by 60 person in the United States FOR FURTHER INFORMATION CONTACT: Scot days until October 8, 2007, in affiliated with the foreign exporter, Fullerton or Michael Quigley, AD/CVD accordance with section 751(a)(2)(B)(iv) constructed export price applies Operations, Office 9, Import of the Act and 19 CFR 351.214(i)(2). even if the sale occurs prior to Administration, International Trade However, because October 8, 2007, is a importation. Administration, U.S. Department of federal holiday, the final results will be Commerce, 14th Street and Constitution due on October 9, 2007, the next • Please include any sales exported Avenue, NW, Washington, DC 20230; business day.

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We are issuing and publishing this People’s Republic of China (the PRC) ‘‘Consultations with Officials from the notice in accordance with sections receive countervailable subsidies within Government of the People’s Republic of 751(a)(2)(B) and 777(i)(1) of the Act. the meaning of section 701 of the Act China’’ (July 16, 2007) (on file in the Dated: July 18, 2007. and that such imports are materially Central Records Unit (CRU) of the retarding the establishment of an Department of Commerce building, Stephen J. Claeys, industry in the United States, or that Room B–099). Deputy Assistant Secretary for Import such an industry is materially injured or Administration. Determination of Industry Support for threatened with material injury by the Petition [FR Doc. E7–14371 Filed 7–24–07; 8:45 am] reason of such imports. BILLING CODE 3510–DS–S The Department finds that the Section 702(b)(1) of the Act requires Petitioners filed the Petition on behalf of that a petition be filed on behalf of the the domestic industry because they are domestic industry. Section 702(c)(4)(A) DEPARTMENT OF COMMERCE interested parties as defined in sections of the Act provides that a petition meets this requirement if the domestic International Trade Administration 771(9)(E) and (F) of the Act and the Petitioners have demonstrated sufficient producers or workers who support the [C–570–917] industry support with respect to the petition account for: (i) at least 25 countervailing duty investigation (see percent of the total production of the Laminated Woven Sacks from the ‘‘Determination of Industry Support for domestic like product; and (ii) more People’s Republic of China: Initiation the Petition’’ section below). than 50 percent of the production of the of Countervailing Duty Investigation domestic like product produced by that Scope of Investigation AGENCY: Import Administration, portion of the industry expressing International Trade Administration, The merchandise covered by this support for, or opposition to, the Department of Commerce. investigation is laminated woven sacks. petition. Moreover, section 702(c)(4)(D) See Attachment to this notice for a of the Act provides that, if the petition EFFECTIVE DATE: July 25, 2007. complete description of the does not establish support of domestic FOR FURTHER INFORMATION CONTACT: merchandise covered by this producers or workers accounting for Mark Hoadley or Joshua Reitze, AD/ investigation. more than 50 percent of the total CVD Operations, Office 6, Import production of the domestic like product, Comments on Scope of Investigation Administration, International Trade the Department shall: (i) poll the Administration, U.S. Department of During our review of the Petition, we industry or rely on other information in Commerce, 14th Street and Constitution discussed the scope with the Petitioners order to determine if there is support for Avenue, NW, Washington, DC 20230; to ensure that it is an accurate reflection the petition, as required by telephone: (202) 482–3128 and (202) of the products for which the domestic subparagraph (A), or (ii) determine 482–0666, respectively. industry is See king relief. Moreover, as industry support using a statistically Initiation of Investigation discussed in the preamble to the valid sampling method. regulations (Antidumping Duties; Section 771(4)(A) of the Act defines SUPPLEMENTARY INFORMATION: Countervailing Duties; Final Rule, 62 FR the ‘‘industry’’ as the producers as a 27296, 27323 (May 19, 1997)), we are whole of a domestic like product. Thus, The Petition setting aside a period for interested to determine whether a petition has the On June 28, 2007, the Department of parties to raise issues regarding product requisite industry support, the statute Commerce (Department) received a coverage. The Department encourages directs the Department to look to Petition filed in proper form by the all interested parties to submit such producers and workers who produce the Laminated Woven Sacks Committee and comments by August 7, 2007. domestic like product. The International its individual members, Bancroft Bag, Comments should be addressed to Trade Commission (ITC), which is Inc., Coating Excellence International, Import Administration’s Central responsible for determining whether LLC, Hood Packaging Corporation, Mid– Records Unit, Room 1870, U.S. ‘‘the domestic industry’’ has been America Packaging, LLC, and Polytex Department of Commerce, 14th Street injured, must also determine what Fibers Corporation (collectively, the and Constitution Avenue, NW, constitutes a domestic like product in Petitioners). See Petition for the Washington, DC 20230, attention Mark order to define the industry. While both Imposition of Antidumping and Hoadley, room 7866. The period of the Department and the ITC must apply Countervailing Duties Against scope consultations is intended to the same statutory definition regarding Laminated Woven Sacks from the provide the Department with ample the domestic like product (section People’s Republic of China (June 28, opportunity to consider all comments 771(10) of the Act), they do so for 2007) (Petition). On July 2, July 6, July and to consult with parties prior to the different purposes and pursuant to a 11, and July 12, 2007, the Department issuance of the preliminary separate and distinct authority. In issued requests for additional determination. addition, the Department’s information and clarification of certain determination is subject to limitations of areas of the Petition involving general Consultations time and information. Although this issues concerning the countervailing Pursuant to section 702(b)(4)(A)(ii) of may result in different definitions of the duty (CVD) allegations. Based on the the Act, on June 29, 2007, the like product, such differences do not Department’s requests, the Petitioners Department invited representatives of render the decision of either agency filed additional information concerning the Government of the People’s contrary to law. See USEC, Inc. v. the Petition on July 11 and July 13, Republic of China (herein after the GOC) United States, 132 F. Supp. 2d 1, 8 (CIT 2007. for consultations with respect to the 2001), citing Algoma Steel Corp. Ltd. v. In accordance with section 702(b)(1) countervailing duty Petition. The United States, 688 F. Supp. 639, 644 of the Tariff Act of 1930, as amended Department held these consultations in (1988), aff’d 865 F.2d 240 (Fed. Cir. (the Act), the Petitioners allege that Beijing, China, with representatives of 1989), cert. denied 492 U.S. 919 (1989). manufacturers, producers, or exporters the GOC on July 16, 2007. See Section 771(10) of the Act defines the of laminated woven sacks (LWS) in the Memorandum to the File, domestic like product as ‘‘a product

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which is like, or in the absence of like, they have demonstrated sufficient statutory requirements for initiation. See most similar in characteristics and uses industry support with respect to the CVD Initiation Checklist at Attachment with, the article subject to an countervailing duty investigation that III (Injury). investigation under this subtitle.’’ Thus, they are requesting the Department Subsidy Allegations the reference point from which the initiate. See CVD Initiation Checklist at domestic like product analysis begins is Attachment II (Industry Support). Section 702(b) of the Act requires the ‘‘the article subject to an investigation,’’ Department to initiate a countervailing Allegations and Evidence of Material (i.e., the class or kind of merchandise to duty proceeding whenever an interested Retardation and of Material Injury and be investigated, covered by the scope as party files a petition on behalf of an Causation defined in the Petition). industry that (1) alleges the elements With regard to the domestic like Because the PRC is a ‘‘Subsidies necessary for an imposition of a duty product, the Petitioners do not offer a Agreement Country’’ within the under section 701(a) of the Act and (2) definition of domestic like product meaning of section 701(b) of the Act, is accompanied by information distinct from the scope of the section 701(a)(2) of the Act applies to reasonably available to the Petitioners investigation. Based on our analysis of these investigations. Accordingly, the supporting the allegations. the information submitted on the ITC must determine whether imports of The Department has examined the record, we have determined that LWS the subject merchandise from the PRC countervailing duty Petition on LWS constitute a single domestic like product materially injure, or threaten material from the PRC and found that it complies and we have analyzed industry support injury to, a U.S. industry, or whether the with the requirements of section 702(b) in terms of that domestic like product. establishment of an industry in the of the Act. Therefore, in accordance For a discussion of the domestic like United States is materially retarded. with section 702(b) of the Act, we are product analysis in this case, see the Section 703(a)(1)(B) of the Act states initiating a countervailing duty Countervailing Duty Investigation that the ITC ‘‘shall determine . . . investigation to determine whether Initiation Checklist: Laminated Woven .whether there is a reasonable indication manufacturers, producers, or exporters Sacks from the People’s Republic of that the establishment of an industry in of LWS in the PRC receive China (PRC), Industry Support at the United States is materially retarded countervailable subsidies. Attachment II (CVD Initiation by reason of imports of the subject We are including in our investigation Checklist), on file in the CRU. merchandise.’’ The Petitioners allege the following programs alleged in the Our review of the data provided in the that imports of subject merchandise Petition to have provided Petition, supplemental submissions, and from the PRC have materially retarded countervailable subsidies to producers other information readily available to the establishment of the domestic and exporters of the subject the Department indicates that the industry producing LWS. The merchandise in the PRC: Petitioners have established industry Petitioners argue that U.S. producers of GOC Loan Programs support. First, the Petition established LWS have not stabilized their 1. Policy Loans to LWS Producers support from domestic producers (or operations and, therefore, a U.S. from Government–Owned Banks workers) accounting for more than 50 industry producing LWS has not been 2. Loan Forgiveness for LWS percent of the total production of the established. To support their argument, Producers by the GOC domestic like product and, as such, the the Petitioners examine the five factors GOC Provision of Goods or Services Department is not required to take considered by the ITC to determine if an for Less Than Adequate further action in order to evaluate industry is established, as set forth in Remuneration industry support (e.g., polling). See the ITC’s Antidumping and Section 702(c)(4)(D) of the Act. Second, Countervailing Duty Handbook. See 3. Provision of Electricity for Less the domestic producers have met the Antidumping and Countervailing Duty than Adequate Remuneration statutory criteria for industry support Handbook (12th Ed.), USITC Pub. 3916 4. Provision of Land for Less than under 702(c)(4)(A)(i) because the (April 2007). Furthermore, the Adequate Remuneration domestic producers (or workers) who Petitioners contend that their efforts to GOC Grant Programs support the Petition account for at least establish a domestic LWS industry have 5. The State Key Technologies 25 percent of the total production of the been thwarted by dumped and Renovation Project Fund domestic like product. Finally, the subsidized imports of LWS from the 6. Grants and Other Funding for domestic producers have met the PRC. High Technology Equipment for the statutory criteria for industry support The Petitioners also allege that the Textile Industry under 702(c)(4)(A)(ii) because the U.S. industry producing the domestic 7. Grants to Loss–Making State– domestic producers (or workers) who like product is being materially injured, Owned Enterprises support the Petition account for more or is threatened with material injury, by GOC Income Tax Programs than 50 percent of the production of the reason of the subsidized imports of the 8. Preferential Tax Policies for domestic like product produced by that subject merchandise. The Petitioners Enterprises with Foreign portion of the industry expressing contend that the industry’s injured Investment (Two Free, Three Half support for, or opposition to, the condition is illustrated by lost sales, lost Program) Petition. Accordingly, the Department revenue, underselling and price determines that the Petition was filed on depression or suppression, poor 9. Preferential Tax Policies for behalf of the domestic industry within financial performance, capacity and Export–Oriented Foreign Invested the meaning of section 702(b)(1) of the depressed capacity utilization rate, and Enterprises (FIEs) Act. See CVD Initiation Checklist at increased import penetration. 10. Corporate Income Tax Refund Attachment II (Industry Support). We have assessed the allegations and Program for Reinvestment of FIE The Department finds that the supporting evidence regarding material Profits in Export–Oriented Petitioners filed the Petition on behalf of retardation and material injury and Enterprises the domestic industry because they are causation, and we have determined that interested parties as defined in sections these allegations are properly supported 11. Tax Benefits for FIEs in 771(9)(C), (E), and (F) of the Act and by adequate evidence and meet the Encouraged Industries that

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Purchase Domestic Origin In the amended preliminary Dated: July 18, 2007. Machinery determination in the investigation of Joseph A. Spetrini, coated free sheet paper from the PRC, Deputy Assistant Secretaryfor Import 12. Tax Program for FIEs the Department preliminarily Administration. Recognized as High or New determined that the current nature of Technology Enterprises the PRC economy does not create Attachment 13. Preferential Tax Policies for obstacles to applying the necessary Scope of the Countervailing Duty Research and Development 14. Tax Subsidies to FIEs in criteria in the CVD law. See Coated Free Investigation Specially Designated Geographic Sheet Paper from the People’s Republic Laminated Woven Sacks from the Areas of China; Amended Preliminary People’s Republic of China Affirmative Countervailing Duty 15. Preferential Tax Policies for Determination, 72 FR 17484, 17486 The merchandise covered by this Township Enterprises by FIEs (April 9, 2007) (CFS Preliminary investigation is laminated woven sacks. GOC Indirect Tax Programs and Determination), and Memorandum for Laminated woven sacks are bags or Import Tariff Programs David M. Spooner, Assistant Secretary sacks consisting of one or more plies of 16. Value Added Tax (VAT) Rebate for Import Administration, fabric consisting of woven for FIE Purchases of Domestically ‘‘Countervailing Duty Investigation of polypropylene strip and/or woven Produced Equipment Coated Free Sheet Paper from The polyethylene strip; with or without an 17. VAT and Tariff Exemptions for People’s Republic of China Whether the extrusion coating of polypropylene and/ FIEs Using Imported Technology Analytic Elements of the Georgetown or polyethylene on one or both sides of and Equipment in Encouraged Steel Opinion are Applicable to China’s the fabric;1 laminated by any method Industries Present-day Economy,’’ (March 29, either to an exterior ply of plastic film 18. VAT and Tariff Exemptions on 2007), on file in the CRU. Therefore, such as biaxially–oriented Imported Equipment (Domestic because the Petitioners have provided polypropylene (‘‘BOPP’’) or to an Enterprises) sufficient allegations and support of exterior ply of paper that is suitable for their allegations to meet the statutory high quality print graphics; printed with 19. Exemption from Payment of criteria for initiating a countervailing three colors or more in register; with or Staff and Worker Benefit Taxes for duty investigation of LWS from the PRC, without lining; whether or not closed on Export–Oriented Enterprises initiation of a CVD investigation is one end; whether or not in roll form; Provincial Grant Programs warranted in this case. with or without handles; with or 20. Export Interest Subsidy Funds without special closing features; not for Enterprises Located in Zhejiang Distribution of Copies of the Petition exceeding one kilogram in weight. and Guangdong Provinces In accordance with section Laminated woven bags are typically 21. Technological Innovation Funds used for retail packaging of consumer 702(b)(4)(A)(i) of the Act, a copy of the Provided by Zhejiang Province goods such as pet foods and bird seed. 22. Programs to Rebate public version of the Petition has been Antidumping Legal Fees provided to the GOC. To the extent Effective July 1, 2007, laminated Provincial and Local Tax Programs practicable, we will attempt to provide woven sacks are classifiable under for FIEs a copy of the public version of the Harmonized Tariff Schedule of the 23. Local Income Tax Exemption Petition to each exporter named in the United States (‘‘HTSUS’’) subheadings and Reduction Programs for Petition, consistent with 19 CFR 6305.33.0050 and 6305.33.0080. ‘‘Productive’’ FIEs 351.203(c)(2). Laminated woven sacks were previously For further information explaining the classifiable under HTSUS subheading basis for the Department’s ITC Notification 6305.33.0020. If entered with plastic determination to investigate these coating on both sides of the fabric We have notified the ITC of our programs, see CVD Initiation Checklist. consisting of woven polypropylene strip initiation, as required by section 702(d) and/or woven polypropylene strip, Application of the Countervailing Duty of the Act. Law to the PRC laminated woven sacks may be Preliminary Determination by the ITC classifiable under HTSUS subheadings The Department has treated the PRC 3923.21.0080, 3923.21.0095, and as an NME country in all past The ITC will preliminarily determine, 3923.29.0000. If entered not closed on antidumping duty investigations and no later than August 13, 2007, whether one end or in roll form, laminated administrative reviews. In accordance there is a reasonable indication that woven sacks may be classifiable under with section 771(18)(C)(i) of the Act, imports of LWS from the PRC are HTSUS subheading 5903.90.2500 and any determination that a country is an materially retarding the establishment of 3921.19.0000. Although HTSUS NME country shall remain in effect until a U.S. industry, or whether such an revoked by the administering authority. subheadings are provided for industry is materially injured or convenience and customs purposes, the See Tapered Roller Bearings and Parts threatened with material injury by Thereof, Finished and Unfinished, written description of the scope of this reason of such imports. See section (TRBs) From the People’s Republic of investigation is dispositive. 703(a)(2) of the Act. A negative ITC China: Preliminary Results of 2001– [FR Doc. E7–14375 Filed 7–24–07; 8:45 am] determination will result in the 2002 Administrative Review and Partial BILLING CODE 3510–DS–S Rescission of Review, 68 FR 7500, 7500– investigation being terminated; otherwise, the investigation will 1 (February 14, 2003), unchanged in 1 ‘‘Paper suitable for high quality print graphics,’’ TRBs from the People’s Republic of proceed according to statutory and as used herein, means paper having an ISO regulatory time limits. brightness of 82 or higher and a Sheffield China: Final Results of 2001–2002 Smoothness of 250 or less. Coated free sheet is an Administrative Review, 68 FR 70488, This notice is issued and published example of a paper suitable for high quality print 70488–89 (December 18, 2003). pursuant to section 777(i) of the Act. graphics.

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DEPARTMENT OF COMMERCE Department to base its selection of an comments the Department received are appropriate surrogate country, to the available at the Import Administration International Trade Administration extent possible, on its having ‘‘a level of Web site at http://www.trade.gov/ia). economic development comparable to While no commenter addressed directly Surrogate Country Selection in that of the nonmarket economy how the Department should precisely Proceedings Involving Non-Market country.’’ define ‘‘economically comparable,’’ Economy Countries; Request for Although the Act does not provide a several commenters suggested that the Comment definition of ‘‘comparable level of Department not interpret this AGENCY: Import Administration, economic development,’’ the requirement so narrowly as to prevent International Trade Administration, Department’s regulations at 19 CFR the Department from using the best Department of Commerce. 351.408(b) direct the Department to available information in its dumping ‘‘place primary emphasis on per capita SUMMARY: The Department of Commerce analysis. Certain commenters also (‘‘the Department’’) is seeking a second GDP as the measure of economic suggested that the initial, non-exclusive comparability.’’ In the Import ‘‘list’’ of economically comparable round of public comment on an aspect 1 of its non-market economy (‘‘NME’’) Administration Policy Bulletin 04.1, potential surrogate countries contain a methodology in antidumping the Department provided guidance on balance of countries both above and proceedings. The Department is economic comparability and established below the per capita income level of the requesting comment on certain aspects a sequential procedure for selecting a NME country. of the methodology by which it selects surrogate country, with economic The Department also received an economically comparable market comparability being the first factor suggestions that it involve interested economy country to serve as a surrogate considered. parties on the issue of surrogate country The Department’s most recent notice for the NME country under investigation selection earlier and more frequently in in the Federal Register on this issue or review. the process, including in the requested public comment on what formulation of the initial list, and that DATES: Comments must be submitted range of per capita income should be it broaden the number of countries in within thirty days from the publication considered comparable to a given NME the initial list. One commenter of this notice. country. The Department also requested suggested expanding the initial list to ADDRESSES: Written comments (original comment on whether and on what basis ten economically comparable countries, and six copies) should be sent to David the Department should generally and another suggested that the Spooner, Assistant Secretary for Import disregard certain economically Department put out a complete list of Administration, U.S. Department of comparable countries as lacking data the world’s economies and request Commerce, Central Records Unit, Room suitable for valuing the factors of comment on what countries should be 1870, 14th Street & Constitution Ave., production. In other words, the considered comparable to the NME in NW., Washington, DC 20230. Department was interested in public question. Some commenters argued that FOR FURTHER INFORMATION CONTACT: comment on whether and how the the Department consider other factors Lawrence Norton, Economist, or Department can limit its initial analysis besides per capita income, such as the Anthony Hill, Economist, Office of of countries that are economically nature of a country’s economy, level of Policy, Import Administration, U.S. comparable to a sub-group of countries urbanization, integration into world Department of Commerce, Room 2837, more likely to have the data necessary markets, or the ‘‘comparability’’ of the 14th Street and Constitution Avenue, to conduct an antidumping duty industry in the potential surrogate to the NW., Washington DC 20230; telephone: proceeding (72 FR 13246, March 21, industry in the NME. 202–482–1579 or 202–482–1843, 2007). As discussed in the previous Request for Comment respectively. Federal Register notice requesting The Department would like to receive Background comment and as described in Policy Bulletin 04.1, the Department currently additional comments to those it The Department previously requested formulates a non-exhaustive list in each received in response to its March 21, in the Federal Register (72 FR 13246, proceeding of about five countries 2007 request for comment. In particular, March 21, 2007) comment on its economically comparable to the NME the Department would like to receive selection of a ‘‘surrogate country’’ in country that, in the Department’s comments focusing on the statutory NME antidumping proceedings, experience, are most likely to offer data concept of ‘‘economically comparable.’’ particularly on the issue of economic necessary to conduct the proceeding. In The Department is required by its comparability. This refers to the practice its subsequent analysis of potential statute and regulations to consider in antidumping proceedings involving surrogate countries, the Department economic comparability in its selection NME countries in which the Department then examines the production of of a surrogate country and to base calculates normal value by valuing the comparable merchandise, whether ‘‘comparability’’ on per capita income, NME producer’s factors of production, production is significant, and the but as stated above, the term is not to the extent possible, using prices from availability of data in the countries on defined specifically. Therefore, the a market economy that is at a this initial list. If parties suggest the Department is particularly interested in comparable level of economic consideration of another economically comments and suggestions on specific development and that is also a comparable country that did not appear guidelines the Department should significant producer of comparable on this initial list, the Department will follow in determining the economic merchandise. As is discussed in the also consider the appropriateness of comparability of countries in a given Department’s previous request for using that country in its analysis. case. Under the Department’s comment, the Tariff Act of 1930, as The Department received eleven established sequential process for amended (‘‘the Act’’), provides broad submissions in response to its May 21, selecting a surrogate country (as discretion in the selection of surrogate 2007 request for comment (all of the described in Policy Bulletin 04.1), the market economy countries to value Department first determines a list of NME factors of production. Section 1 The full text of the policy bulletin can be found countries that are economically 773(c)(4) of the Act further directs the at http://ia.ita.doc.gov/policy/bull04-1.html. comparable and then analyzes each of

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these countries for production of development of any changes to its consultation to the extent that public comparable merchandise, whether there practice. The Department requires that participation in the approval process is significant production, and comments be submitted in written form. would defeat the purpose of the availability of data. The Department The Department recommends information collection, violate State or invites comments on this process. In submission of comments in electronic Federal law, or substantially interfere particular, it welcomes suggestions on form to accompany the required paper with any agency’s ability to perform its how it should construct the initial list copies. Comments filed in electronic statutory obligations. The IC Clearance of economically comparable countries, form should be submitted either by e- Official, Regulatory Information how this set of countries should be mail to the webmaster below, or on CD– Management Services, Office of balanced, and how many countries it ROM, as comments submitted on Management, publishes that notice should contain. diskettes are likely to be damaged by containing proposed information As a second matter, the Department is postal radiation treatment. Comments collection requests prior to submission also interested in inviting comment on received in electronic form will be made of these requests to OMB. Each whether certain comparable countries available to the public in Portable proposed information collection, should be excluded, at least initially, Document Format (PDF) on the Internet grouped by office, contains the from the Department’s analysis of which at the Import Administration Web site at following: (1) Type of review requested, country is the best possible surrogate in the following address: e.g. new, revision, extension, existing or a given proceeding on the basis of a http://www.trade.gov/ia/. reinstatement; (2) Title; (3) Summary of general lack of country specific data. Any questions concerning file the collection; (4) Description of the With regard to this issue, if the formatting, document conversion, need for, and proposed use of, the Department were able to determine that access on the Internet, or other information; (5) Respondents and a group of countries does not generally electronic filing issues should be frequency of collection; and (6) offer the data necessary to conduct an addressed to Andrew Lee Beller, Import Reporting and/or Recordkeeping antidumping proceeding, both the Administration Webmaster, at (202) burden. OMB invites public comment. Department and parties would be 482–0866, e-mail address: webmaster- Dated: July 19, 2007. relieved of the burden of examining [email protected]. those countries as potential surrogates Angela C. Arrington, in every proceeding. Please note, Dated: July 22, 2007. IC Clearance Official, Regulatory Information however, that parties would retain the David Spooner, Management Services, Office of Management. ability to advocate the consideration of Assistant Secretary for Import Institute of Education Sciences a country that would otherwise not be Administration. considered if they determined that there [FR Doc. E7–14448 Filed 7–24–07; 8:45 am] Type of Review: Revision. were case-specific arguments for doing BILLING CODE 3510–DS–P Title: National Assessment of so. Educational Progress 2008–2010 Finally, the Department requests Operational and Pilot Surveys System Clearance—Wave 2. comment on how it should evaluate and DEPARTMENT OF EDUCATION weigh the production experiences and Frequency: One time. data availability of countries in cases Submission for OMB Review; Affected Public: Individuals or where there may be more than one Comment Request household; State, Local, or Tribal potential surrogate country with reliable Government, SEAs or LEAs. data and significant production of AGENCY: Department of Education. Reporting and Recordkeeping Hour comparable merchandise. See e.g., SUMMARY: The IC Clearance Official, Burden: Wooden Bedroom Furniture from the Regulatory Information Management Responses: 46,597. People’s Republic of China: Preliminary Services, Office of Management invites Burden Hours: 12,450. Results of Antidumping Duty comments on the submission for OMB Abstract: These materials are Administrative Review, Preliminary review as required by the Paperwork questionnaires to be used in 2008 for the Results of New Shipper Reviews and Reduction Act of 1995. NAEP, including a science pilot Notice of Partial Rescission, 72 FR 6201, DATES: Interested persons are invited to assessment, 12th grade motivational 6208 (February 9, 2007). submit comments on or before July 25, study materials, reading study and 2007. materials to be completed by school Submission of Comments administrators, teachers and students. ADDRESSES: Persons wishing to comment should Written comments should They are covered under the 2008–2010 file a signed original and six copies of be electronically mailed to NAEP assessments three-year system each set of comments by the date [email protected] or faxed to 202– clearance. This is Wave 2 to be specified above. The Department will 245–6623. Commenters should include submitted under the system clearance. consider all comments received by the the following subject line in their Requests for copies of the information close of the comment period. Comments response ‘‘Comment: [insert OMB collection submission for OMB review received after the end of the comment number], [insert abbreviated collection may be accessed from http:// period will be considered, if possible, name, e.g., ‘‘Upward Bound edicsweb.ed.gov, by selecting the but their consideration cannot be Evaluation’’]. ‘‘Browse Pending Collections’’ link and assured. The Department will not accept SUPPLEMENTARY INFORMATION: Section by clicking on link number 3407. When comments accompanied by a request 3506 of the Paperwork Reduction Act of you access the information collection, that a part or all of the material be 1995 (44 U.S.C. Chapter 35) requires click on ‘‘Download Attachments’’ to treated confidentially because of its that the Office of Management and view. Written requests for information business proprietary nature or for any Budget (OMB) provide interested should be addressed to U.S. Department other reason. The Department will Federal agencies and the public an early of Education, 400 Maryland Avenue, return such comments and materials to opportunity to comment on information SW., Potomac Center, 9th Floor, the persons submitting the comments collection requests. OMB may amend or Washington, DC 20202–4700. Requests and will not consider them in the waive the requirement for public may also be electronically mailed to

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[email protected] or faxed to 202– this information be processed and used DEPARTMENT OF ENERGY 245–6623. Please specify the complete in a timely manner; (3) is the estimate title of the information collection when of burden accurate; (4) how might the Federal Energy Regulatory making your request. Department enhance the quality, utility, Commission Comments regarding burden and/or and clarity of the information to be [Docket No. RP07–523–000] the collection activity requirements collected; and (5) how might the should be electronically mailed to Department minimize the burden of this Dominion Transmission, Inc.; Notice of [email protected]. Individuals who collection on the respondents, including Report of Overrun Charge/Penalty use a telecommunications device for the through the use of information Revenue Distribution deaf (TDD) may call the Federal technology. Information Relay Service (FIRS) at 1– July 17, 2007. Dated: July 19, 2007. 800–877–8339. Take notice that on July 11, 2007, Angela C. Arrington, [FR Doc. E7–14391 Filed 7–24–07; 8:45 am] Dominion Transmission, Inc. (DTI) filed IC Clearance Official, Regulatory Information BILLING CODE 4000–01–P its annual report of overrun charge/ Management Services,Office of Management. penalty revenue distributions. Section Federal Student Aid 41 of the General Terms and Conditions DEPARTMENT OF EDUCATION of DTI’s FERC Gas Tariff, Crediting of Type of Review: Extension. Unauthorized Overrun Charge and Notice of Proposed Information Title: Lender’s Request for Payment of Penalty Revenues, requires distribution Collection Requests Interest and Special Allowance—LaRS. of such charges and revenues to non- Frequency: Quarterly; Annually. offending customers on June 30 of each AGENCY: Department of Education. Affected Public: State, Local, or Tribal year, and filing of the related report SUMMARY: The IC Clearance Official, Gov’t, SEAs or LEAs; Businesses or within 30 days of the distribution. DTI Regulatory Information Management other for-profit. distributed the penalty revenues to Services, Office of Management, invites customers on June 29, 2007. Included in comments on the proposed information Reporting and Recordkeeping Hour Burden: the distribution was overrun penalty collection requests as required by the revenue DTI received from offending Paperwork Reduction Act of 1995. Responses: 12,800. customers for the twelve-month period DATES: Interested persons are invited to Burden Hours: 31,200 ending March 31, 2007, with interest submit comments on or before Abstract: The Lender’s Request for calculated through June 30, 2007. September 24, 2007. Payment of Interest and Special DTI states that copies of the SUPPLEMENTARY INFORMATION: Section Allowance—LaRS (ED Form 799) is transmittal letter and summary 3506 of the Paperwork Reduction Act of used by approximately 3,546 lenders workpapers are being mailed to DTI’s 1995 (44 U.S.C. Chapter 35) requires participating in the Title IV, PART B customers and to all interested state that the Office of Management and loan programs. The ED Form 799 is used commissions. Budget (OMB) provide interested to pay interest and special allowance to Any person desiring to intervene or to Federal agencies and the public an early holders of the Part B loans; and to protest this filing must file in opportunity to comment on information capture quarterly data from lender’s accordance with Rules 211 and 214 of collection requests. OMB may amend or loan portfolio for financial and the Commission’s Rules of Practice and waive the requirement for public budgetary projections. Procedure (18 CFR 385.211 and consultation to the extent that public Requests for copies of the proposed 385.214). Protests will be considered by participation in the approval process information collection request may be the Commission in determining the would defeat the purpose of the accessed from http://edicsweb.ed.gov, appropriate action to be taken, but will information collection, violate State or by selecting the ‘‘Browse Pending not serve to make protestants parties to Federal law, or substantially interfere Collections’’ link and by clicking on the proceeding. Any person wishing to with any agency’s ability to perform its link number 3416. When you access the become a party must file a notice of statutory obligations. The IC Clearance information collection, click on intervention or motion to intervene, as Official, Regulatory Information ‘‘Download Attachments’’ to view. appropriate. Such notices, motions, or Management Services, Office of Written requests for information should protests must be filed on or before the Management, publishes that notice be addressed to U.S. Department of date as indicated below. Anyone filing containing proposed information Education, 400 Maryland Avenue, SW., an intervention or protest must serve a collection requests prior to submission Potomac Center, 9th Floor, Washington, copy of that document on the Applicant. of these requests to OMB. Each DC 20202–4700. Requests may also be Anyone filing an intervention or protest proposed information collection, electronically mailed to on or before the intervention or protest grouped by office, contains the [email protected] or faxed to 202– date need not serve motions to intervene following: (1) Type of review requested, 245–6623. Please specify the complete or protests on persons other than the e.g. new, revision, extension, existing or title of the information collection when Applicant. reinstatement; (2) Title; (3) Summary of making your request. The Commission encourages the collection; (4) Description of the Comments regarding burden and/or electronic submission of protests and need for, and proposed use of, the the collection activity requirements interventions in lieu of paper using the information; (5) Respondents and should be electronically mailed to ‘‘eFiling’’ link at http://www.ferc.gov. frequency of collection; and (6) [email protected]. Individuals who Persons unable to file electronically Reporting and/or Recordkeeping use a telecommunications device for the should submit an original and 14 copies burden. OMB invites public comment. deaf (TDD) may call the Federal of the protest or intervention to the The Department of Education is Information Relay Service (FIRS) at Federal Energy Regulatory Commission, especially interested in public comment 1–800–877–8339. 888 First Street, NE., Washington, DC addressing the following issues: (1) Is 20426. this collection necessary to the proper [FR Doc. E7–14392 Filed 7–24–07; 8:45 am] This filing is accessible on-line at functions of the Department; (2) will BILLING CODE 4000–01–P http://www.ferc.gov, using the

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‘‘eLibrary’’ link and is available for The Commission encourages with the provisions of Section 154.210 review in the Commission’s Public electronic submission of protests and of the Commission’s regulations (18 CFR Reference Room in Washington, DC. interventions in lieu of paper using the 154.210). Anyone filing an intervention There is an ‘‘eSubscription’’ link on the ‘‘eFiling’’ link at http://www.ferc.gov. or protest must serve a copy of that Web site that enables subscribers to Persons unable to file electronically document on the Applicant. Anyone receive e-mail notification when a should submit an original and 14 copies filing an intervention or protest on or document is added to a subscribed of the protest or intervention to the before the intervention or protest date docket(s). For assistance with any FERC Federal Energy Regulatory Commission, need not serve motions to intervene or Online service, please e-mail 888 First Street, NE., Washington, DC protests on persons other than the [email protected], or call 20426. Applicant. (866) 208–3676 (toll free). For TTY, call This filing is accessible on-line at The Commission encourages (202) 502–8659. http://www.ferc.gov, using the electronic submission of protests and Intervention and Protest Date: 5 p.m. ‘‘eLibrary’’ link and is available for interventions in lieu of paper using the Eastern Time July 24, 2007. review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. Reference Room in Washington, DC. Persons unable to file electronically Kimberly D. Bose, There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies Secretary. Web site that enables subscribers to of the protest or intervention to the [FR Doc. E7–14300 Filed 7–24–07; 8:45 am] receive e-mail notification when a Federal Energy Regulatory Commission, BILLING CODE 6717–01–P document is added to a subscribed 888 First Street, NE., Washington, DC docket(s). For assistance with any FERC 20426. Online service, please e-mail This filing is accessible on-line at DEPARTMENT OF ENERGY [email protected], or call http://www.ferc.gov, using the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for Commission (202) 502–8659. review in the Commission’s Public Reference Room in Washington, DC. [Docket No. RP07–525–000] Kimberly D. Bose, There is an ‘‘eSubscription’’ link on the Secretary. Web site that enables subscribers to Energy West Development, Inc.; Notice [FR Doc. E7–14299 Filed 7–24–07; 8:45 am] receive e-mail notification when a of Proposed Changes in FERC Gas BILLING CODE 6717–01–P document is added to a subscribed Tariff docket(s). For assistance with any FERC Online service, please e-mail July 17, 2007. DEPARTMENT OF ENERGY Take notice that on July 11, 2007, [email protected], or call Energy West Development, Inc. (Energy Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call West) tendered for filing as part of its Commission (202) 502–8659. FERC Gas Tariff, Original Volume No. 1, [Docket No. RP07–522–000] Kimberly D. Bose, the tariff sheets attached to the filing, Secretary. with an effective date of September 1, Energy West Development, Inc.; Notice [FR Doc. E7–14301 Filed 7–24–07; 8:45 am] 2007. of Proposed Changes in FERC Gas BILLING CODE 6717–01–P Energy West states that the purpose of Tariff the filing is to make certain changes to Energy West’s FERC Gas Tariff in July 17, 2007. DEPARTMENT OF ENERGY compliance with Order No. 587–S and Take notice that on July 11, 2007, to request extensions of time to Energy West Development, Inc., (Energy Federal Energy Regulatory implement certain NESB standards. West) tendered for filing as part of its Commission Any person desiring to intervene or to FERC Gas Tariff, Original Volume No. 1, [Docket No. ER07–965–000] protest this filing must file in the tariff sheets attached to the filing, accordance with Rules 211 and 214 of with an effective date of August 10, EnergyCo Marketing and Trading, LLC; the Commission’s Rules of Practice and 2007. Notice of Issuance of Order Procedure (18 CFR 385.211 and Energy West states that the purpose of 385.214). Protests will be considered by the filing is to make certain minor July 17, 2007. the Commission in determining the housekeeping changes and to update EnergyCo Marketing and Trading, LLC appropriate action to be taken, but will various tariff provisions in Energy (EnergyCo) filed an application for not serve to make protestants parties to West’s FERC Gas Tariff, Original market-based rate authority, with an the proceeding. Any person wishing to Volume No. 1. accompanying rate schedule. The become a party must file a notice of Any person desiring to intervene or to proposed market-based rate schedule intervention or motion to intervene, as protest this filing must file in provides for the sale of energy, capacity appropriate. Such notices, motions, or accordance with Rules 211 and 214 of and ancillary services at market-based protests must be filed in accordance the Commission’s Rules of Practice and rates. EnergyCo also requested waivers with the provisions of Section 154.210 Procedure (18 CFR 385.211 and of various Commission regulations. In of the Commission’s regulations (18 CFR 385.214). Protests will be considered by particular, EnergyCo requested that the 154.210). Anyone filing an intervention the Commission in determining the Commission grant blanket approval or protest must serve a copy of that appropriate action to be taken, but will under 18 CFR part 34 of all future document on the Applicant. Anyone not serve to make protestants parties to issuances of securities and assumptions filing an intervention or protest on or the proceeding. Any person wishing to of liability by EnergyCo. before the intervention or protest date become a party must file a notice of On July 16, 2007, pursuant to need not serve motions to intervene or intervention or motion to intervene, as delegated authority, the Director, protests on persons other than the appropriate. Such notices, motions, or Division of Tariffs and Market Applicant. protests must be filed in accordance Development—West, granted the

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requests for blanket approval under Part DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call 34 (Director’s Order). The Director’s (202) 502–8659. Federal Energy Regulatory Order also stated that the Commission Kimberly D. Bose, would publish a separate notice in the Commission Secretary. Federal Register establishing a period of [FR Doc. E7–14302 Filed 7–24–07; 8:45 am] time for the filing of protests. [Docket No. RP07–480–001] Accordingly, any person desiring to be BILLING CODE 6717–01–P heard concerning the blanket approvals Hardy Storage Company, LLC; Notice of issuances of securities or assumptions of Filing DEPARTMENT OF ENERGY of liability by EnergyCo should file a July 17, 2007. protest with the Federal Energy Federal Energy Regulatory Regulatory Commission, 888 First Take notice that on July 11, 2007, Commission Street, NE., Washington, DC 20426, in Hardy Storage Company, LLC (Hardy) accordance with Rules 211 and 214 of tendered for filing as part of its FERC [Docket No. CP06–407–002] the Commission’s Rules of Practice and Gas Tariff, Original Revised Volume No. Procedure. 18 CFR 385.211, 385.214 1, as part of its FERC Gas Tariff, First Missouri Interstate Gas, LLC; Notice of (2004). Revised Sheet No. 93B and First Revised Compliance Filing Sheet No. 93C, bearing a proposed and Notice is hereby given that the July 17, 2007. effective date of July 6, 2007. deadline for filing protests is August 15, Take notice that on July 5, 2007, Hardy is filing the subject revised 2007. Missouri Interstate Gas, LLC, (Missouri) tariff sheets for the purpose of correcting Absent a request to be heard in tendered for filing as part of its FERC opposition to such blanket approvals by certain typographical errors that were Gas Tariff, First Revised Volume No. 1, the deadline above, EnergyCo is discovered after the issuance of the the tariff sheets listed on Appendix A to authorized to issue securities and Commission’s June 29, 2007 Letter the filing, with an effective date of assume obligations or liabilities as a Order accepting Hardy’s proposed October 1, 2007. changes to the creditworthiness guarantor, indorser, surety, or otherwise Missouri states that the filing is being in respect of any security of another provisions of its Tariff. made in compliance with the person; provided that such issuance or Any person desiring to protest this Commission’s April 20, 2007 order in assumption is for some lawful object filing must file in accordance with Rule the above referenced proceeding. within the corporate purposes of 211 of the Commission’s Rules of Any person desiring to protest this EnergyCo, compatible with the public Practice and Procedure (18 CFR filing must file in accordance with Rule interest, and is reasonably necessary or 385.211). Protests to this filing will be 211 of the Commission’s Rules of appropriate for such purposes. considered by the Commission in Practice and Procedure (18 CFR The Commission reserves the right to determining the appropriate action to be 385.211). Protests to this filing will be require a further showing that neither taken, but will not serve to make considered by the Commission in public nor private interests will be protestants parties to the proceeding. determining the appropriate action to be taken, but will not serve to make adversely affected by continued Such protests must be filed in protestants parties to the proceeding. approvals of EnergyCo’s issuance of accordance with the provisions of Such protests must be filed on or before securities or assumptions of liability. Section 154.210 of the Commission’s regulations (18 CFR 154.210). Anyone the date as indicated below. Anyone Copies of the full text of the Director’s filing a protest must serve a copy of that filing a protest must serve a copy of that Order are available from the document on all the parties to the document on all the parties to the Commission’s Public Reference Room, proceeding. proceeding. 888 First Street, NE., Washington, DC The Commission encourages 20426. The Order may also be viewed The Commission encourages electronic submission of protests in lieu electronic submission of protests in lieu on the Commission’s Web site at of paper using the ‘‘eFiling’’ link at of paper using the ‘‘eFiling’’ link at http://www.ferc.gov, using the eLibrary http://www.ferc.gov. Persons unable to http://www.ferc.gov. Persons unable to link. Enter the docket number excluding file electronically should submit an the last three digits in the docket file electronically should submit an original and 14 copies of the protest to number filed to access the document. original and 14 copies of the protest to the Federal Energy Regulatory Comments, protests, and interventions the Federal Energy Regulatory Commission, 888 First Street, NE., may be filed electronically via the Commission, 888 First Street, NE., Washington, DC 20426. Washington, DC 20426. Internet in lieu of paper. See, 18 CFR This filing is accessible online at 385.2001(a)(1)(iii) and the instructions This filing is accessible on-line at http://www.ferc.gov, using the on the Commission’s Web site under the http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for ‘‘e-Filing’’ link. The Commission ‘‘eLibrary’’ link and is available for review in the Commission’s Public strongly encourages electronic filings. review in the Commission’s Public Reference Room in Washington, DC. Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Kimberly D. Bose, There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to Secretary. Web site that enables subscribers to receive e-mail notification when a [FR Doc. E7–14305 Filed 7–24–07; 8:45 am] receive e-mail notification when a document is added to a subscribed BILLING CODE 6717–01–P document is added to a subscribed docket(s). For assistance with any FERC docket(s). For assistance with any FERC Online service, please e-mail Online service, please e-mail [email protected], or call [email protected], or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659.

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Comment Date: 5 p.m. Eastern Time Reference Room in Washington, DC. Web site that enables subscribers to on August 1, 2007. There is an ‘‘eSubscription’’ link on the receive e-mail notification when a Web site that enables subscribers to document is added to a subscribed Kimberly D. Bose, receive e-mail notification when a docket(s). For assistance with any FERC Secretary. document is added to a subscribed Online service, please e-mail [FR Doc. E7–14308 Filed 7–24–07; 8:45 am] docket(s). For assistance with any FERC [email protected], or call BILLING CODE 6717–01–P Online service, please e-mail (866) 208–3676 (toll-free). For TTY, call [email protected], or call (202) 502–8659. (866) 208–3676 (toll free). For TTY, call Protest Date: 5 p.m. Eastern Time on DEPARTMENT OF ENERGY (202) 502–8659. July 23, 2007. Federal Energy Regulatory Kimberly D. Bose, Kimberly D. Bose, Commission Secretary. Secretary. [Docket No. RP07–526–000] [FR Doc. E7–14298 Filed 7–24–07; 8:45 am] [FR Doc. E7–14307 Filed 7–24–07; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P Saltville Gas Storage Company L.L.C.; Notice of Proposed Changes in FERC Gas Tariff DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY July 17, 2007. Federal Energy Regulatory Federal Energy Regulatory Take notice that on July 13, 2007, Commission Commission Saltville Gas Storage Company L.L.C. [Docket No. CP07–44–001] [Docket No. ER07–1010–000] (Saltville) tendered for filing as part of its FERC Gas Tariff, Original Volume Southeast Supply Header, LLC; Notice Sumas Cogeneration Company, L.P.; No. 1, the tariff sheets listed in of Compliance Filing Notice of Issuance of Order Appendix A of the filing, to become effective August 15, 2007. July 16, 2007. July 17, 2007. Saltville states that copies of its filing Take notice that on July 10, 2007, Sumas Cogeneration Company, L.P. have been served upon all affected Southeast Supply Header, LLC (SESH) (Sumas) filed an application for market- customers of Saltville and interested tendered for filing certain revised based rate authority, with an state commissions. original tariff sheets from the Pro Forma accompanying tariff. The proposed Any person desiring to intervene or to FERC Gas Tariff as part of its market-based rate tariff provides for the protest this filing must file in application for certificate of public sale of energy and capacity at market- accordance with Rules 211 and 214 of convenience and necessity pursuant to based rates. Sumas also requested the Commission’s Rules of Practice and section 7(c) of the Natural Gas Act in the waivers of various Commission Procedure (18 CFR 385.211 and above-referenced proceeding. regulations. In particular, Sumas 385.214). Protests will be considered by SESH states that the filing is being requested that the Commission grant the Commission in determining the made in compliance with the blanket approval under 18 CFR part 34 appropriate action to be taken, but will Commission’s order issued on May 17, of all future issuances of securities and not serve to make protestants parties to 2007. assumptions of liability by Sumas. the proceeding. Any person wishing to Any person desiring to protest this On July 16, 2007, pursuant to become a party must file a notice of filing must file in accordance with Rule delegated authority, the Director, intervention or motion to intervene, as 211 of the Commission’s Rules of Division of Tariffs and Market appropriate. Such notices, motions, or Practice and Procedure (18 CFR Development—West, granted the protests must be filed in accordance 385.211). Protests to this filing will be requests for blanket approval under Part with the provisions of Section 154.210 considered by the Commission in 34 (Director’s Order). The Director’s of the Commission’s regulations (18 CFR determining the appropriate action to be Order also stated that the Commission 154.210). Anyone filing an intervention taken, but will not serve to make would publish a separate notice in the or protest must serve a copy of that protestants parties to the proceeding. Federal Register establishing a period of document on the Applicant. Anyone Such protests must be filed on or before time for the filing of protests. filing an intervention or protest on or the date as indicated below. Anyone Accordingly, any person desiring to be before the intervention or protest date filing a protest must serve a copy of that heard concerning the blanket approvals need not serve motions to intervene or document on all the parties to the of issuances of securities or assumptions protests on persons other than the proceeding. of liability by Sumas should file a Applicant. The Commission encourages protest with the Federal Energy The Commission encourages electronic submission of protests in lieu Regulatory Commission, 888 First electronic submission of protests and of paper using the ‘‘eFiling’’ link at Street, NE., Washington, DC 20426, in interventions in lieu of paper using the http://www.ferc.gov. Persons unable to accordance with Rules 211 and 214 of ‘‘eFiling’’ link at http://www.ferc.gov. file electronically should submit an the Commission’s Rules of Practice and Persons unable to file electronically original and 14 copies of the protest to Procedure. 18 CFR 385.211, 385.214 should submit an original and 14 copies the Federal Energy Regulatory (2004). of the protest or intervention to the Commission, 888 First Street, NE., Notice is hereby given that the Federal Energy Regulatory Commission, Washington, DC 20426. deadline for filing protests is August 15, 888 First Street, NE., Washington, DC This filing is accessible online at 2007. 20426. http://www.ferc.gov, using the Absent a request to be heard in This filing is accessible on-line at ‘‘eLibrary’’ link and is available for opposition to such blanket approvals by http://www.ferc.gov, using the review in the Commission’s Public the deadline above, Sumas is authorized ‘‘eLibrary’’ link and is available for Reference Room in Washington, DC. to issue securities and assume review in the Commission’s Public There is an ‘‘eSubscription’’ link on the obligations or liabilities as a guarantor,

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indorser, surety, or otherwise in respect Section 154.210 of the Commission’s Comment Date: 5 p.m. Eastern Time of any security of another person; regulations (18 CFR 154.210). Anyone on Friday, August 03, 2007. provided that such issuance or filing a protest must serve a copy of that Docket Numbers: ER00–2706–005; assumption is for some lawful object document on all the parties to the ER06–754–002; ER01–2760–004; ER01– within the corporate purposes of Sumas, proceeding. 2066–005; ER02–963–007; ER98–4515– compatible with the public interest, and The Commission encourages 009; ER06–744–003; ER03–28–003; is reasonably necessary or appropriate electronic submission of protests in lieu ER03–398–010; ER01–1418–009; ER02– for such purposes. of paper using the ‘‘eFiling’’ link at 1238–009; ER99–3450–007; ER99–2769– The Commission reserves the right to http://www.ferc.gov. Persons unable to 008; ER01–390–004; ER06–733–004. require a further showing that neither file electronically should submit an Applicants: Foote Creek IV, LLC; public nor private interests will be original and 14 copies of the protest to Auburndale Power Partners LP; Ridge adversely affected by continued the Federal Energy Regulatory Crest Wind Partners, LLC; Allegheny approvals of Sumas’ issuance of Commission, 888 First Street, NE., Energy Supply Lincoln Generation; securities or assumptions of liability. Washington, DC 20426. Crete Energy Venture, LLC; Cadillac Copies of the full text of the Director’s This filing is accessible on-line at Renewable Energy LLC; Sabine Cogen, Order are available from the http://www.ferc.gov, using the LP; Walton County Power, LLC; Commission’s Public Reference Room, ‘‘eLibrary’’ link and is available for Washington County Power, LLC; 888 First Street, NE., Washington, DC review in the Commission’s Public Effingham County Power, LLC; MPC 20426. The Order may also be viewed Reference Room in Washington, DC. Generating, LLC; Foote Creek II, LLC; on the Commission’s Web site at There is an ‘‘eSubscription’’ link on the Foote Creek III, LLC; Chandler Wind http://www.ferc.gov, using the eLibrary Web site that enables subscribers to Partners, LLC; Midland Cogeneration link. Enter the docket number excluding receive e-mail notification when a Venture Limited Partnership. the last three digits in the docket document is added to a subscribed Description: ArcLight Capital number filed to access the document. docket(s). For assistance with any FERC Partners, LLC et al. submits this Comments, protests, and interventions Online service, please e-mail notification of a change-in-status for may be filed electronically via the [email protected], or call Entities with Market-Based Rate internet in lieu of paper. See, 18 CFR (866) 208–3676 (toll free). For TTY, call Authority. 385.2001(a)(1)(iii) and the instructions (202) 502–8659. Filed Date: 07/11/2007. on the Commission’s Web site under the Accession Number: 20070713–0050. ‘‘e-Filing’’ link. The Commission Kimberly D. Bose, Comment Date: 5 p.m. Eastern Time strongly encourages electronic filings. Secretary. on Wednesday, August 01, 2007. [FR Doc. E7–14303 Filed 7–24–07; 8:45 am] Kimberly D. Bose, Docket Numbers: ER02–1330–008; BILLING CODE 6717–01–P Secretary. ER03–358–003. Applicants: Pacific Gas and Electric [FR Doc. E7–14306 Filed 7–24–07; 8:45 am] Company; Calpine Corporation. DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Description: Pacific Gas and Electric Federal Energy Regulatory Co. and Calpine Corporation submit a DEPARTMENT OF ENERGY Commission Settlement Agreement re the Generator Special Facilities Agreements and Federal Energy Regulatory Combined Notice of Filings #1 Generator Interconnection Agreements Commission for Los Medanos Energy Center, LLC. July 16, 2007. Filed Date: 07/05/2007. [Docket No. RP07–339–001] Take notice that the Commission Accession Number: 20070712–0162. received the following electric corporate Comment Date: 5 p.m. Eastern Time Texas Gas Transmission, LLC; Notice filings: on Thursday, July 26, 2007. of Compliance Filing Docket Numbers: EC07–115–000 Docket Numbers: ER07–591–002. July 17, 2007. Applicants: Iberdrola Energias Applicants: Exel Power Sources, LLC. Take notice that, on July 13, 2007, Renovables S.A.U. Description: Exel Power Sources, LLC Texas Gas Transmission, LLC submitted Description: Iberdrola Energias submits a Petition for Acceptance of a compliance filing pursuant to Order Renovables SAU submits an Initial Tariff, Waivers and Blanket After Technical Conference, 120 FERC ¶ Application for order under Section Authority etc. 61,008, issued July 3, 2007, in Docket 203(a)(1) of the FPA authorizing Filed Date: 07/11/2007. No. RP07–339–000. disposition of Jurisdictional Facilities Accession Number: 20070713–0053. Texas Gas states that copies of the resulting from an initial public offering Comment Date: 5 p.m. Eastern Time filing were served on parties on the & request for waivers. on Wednesday, August 01, 2007. official service list in the above- Filed Date: 07/13/2007. Docket Numbers: ER07–911–001. captioned proceeding. Accession Number: 20070716–0188. Applicants: RPL Holdings, LLC. Any person desiring to protest this Comment Date: 5 p.m. Eastern Time Description: RPL Holdings, Inc filing must file in accordance with Rule on Friday, August 03, 2007. submits this report on refunds with 211 of the Commission’s Rules of Take notice that the Commission respect to the delivery of test power Practice and Procedure (18 CFR received the following electric rate from RPL Holdings 65 MW Facility to 385.211). Protests to this filing will be filings: the PJM Interconnection, LLC electricity considered by the Commission in Docket Numbers: ER97–2801–018. market. determining the appropriate action to be Applicants: PacifiCorp. Filed Date: 07/11/2007. taken, but will not serve to make Description: Change in Status of Accession Number: 20070713–0055. protestants parties to the proceeding. PacifiCorp. Comment Date: 5 p.m. Eastern Time Such protests must be filed in Filed Date: 07/13/2007. on Wednesday, August 01, 2007. accordance with the provisions of Accession Number: 20070713–5022. Docket Numbers: ER07–939–001.

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Applicants: Columbia Utilities Power, Applicants: Southern California time on the specified comment date. It LLC. Edison Company. is not necessary to separately intervene Description: Columbia Utilities Description: Southern California again in a subdocket related to a Power, LLC submits an amendment to Edison Company submits revised rate compliance filing if you have previously its petition for acceptance of initial rate sheets to the Expedited Service and intervened in the same docket. Protests filing. Interconnection Agreement with Wintec will be considered by the Commission Filed Date: 07/12/2007. Energy LTD designated as Service in determining the appropriate action to Accession Number: 20070716–0184. Agreement 28. be taken, but will not serve to make Comment Date: 5 p.m. Eastern Time Filed Date: 07/13/2007. protestants parties to the proceeding. Accession Number: 20070716–0186. on Thursday, August 02, 2007. Anyone filing a motion to intervene or Comment Date: 5 p.m. Eastern Time Docket Numbers: ER07–959–001. protest must serve a copy of that on Friday, August 03, 2007. Applicants: Wolverine Power Supply document on the Applicant. In reference Cooperative, Inc. Docket Numbers: ER07–1144–000. to filings initiating a new proceeding, Applicants: American Transmission Description: Wolverine Power Supply interventions or protests submitted on Company LLC and Midwest Cooperative, Inc. amends its May 30, or before the comment deadline need 2007 Filing by submitting First Revised Independent Transmission System Operator, Inc. not be served on persons other than the Sheet 1 to FERC Electric Tariff, First Applicant. Revised Volume 1. Description: American Transmission Filed Date: 07/10/2007. Co. LLC et al. submits the proposed The Commission encourages Accession Number: 20070712–0174. Attachment FF-ATCLLC to its Open electronic submission of protests and Comment Date: 5 p.m. Eastern Time Access Transmission and Energy Market interventions in lieu of paper, using the on Tuesday, July 31, 2007. Tariff. FERC Online links at http:// Docket Numbers: ER07–960–001. Filed Date: 07/11/2007. www.ferc.gov. To facilitate electronic Accession Number: 20070713–0056. Applicants: Wolverine Power Supply service, persons with Internet access Comment Date: 5 p.m. Eastern Time Cooperative, Inc. who will eFile a document and/or be on Wednesday, August 01, 2007. Description: Wolverine Power Supply listed as a contact for an intervenor Cooperative, Inc. amends its May 30, Docket Numbers: ER07–1145–000. must create and validate an 2007 Filing of the Wholesale Applicants: Entergy Services, Inc. eRegistration account using the Distribution Service Agreement with Description: Entergy Services, Inc., eRegistration link. Select the eFiling Tower Kleber Limited Partnership. agent for Entergy Arkansas, Inc. et al., link to log on and submit the Filed Date: 07/10/2007. submits revisions to the Interconnection intervention or protests. Accession Number: 20070712–0175. and Operating Agreement with Mississippi Delta Energy Agency. Persons unable to file electronically Comment Date: 5 p.m. Eastern Time should submit an original and 14 copies on Tuesday, July 31, 2007. Filed Date: 07/11/2007. Accession Number: 20070713–0057. of the intervention or protest to the Docket Numbers: ER07–1031–001. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Commission, Applicants: KeyTex Energy LLC. on Wednesday, August 01, 2007. 888 First Street, NE., Washington, DC Description: KeyTex Energy LLC Docket Numbers: ER07–1147–000. 20426. submits an amendment to its June 13, Applicants: American Electric Power 2007, Petition for Acceptance of Initial The filings in the above proceedings Service Corporation. Rate Schedule, Waivers and Blanket are accessible in the Commission’s Description: American Electric Power eLibrary system by clicking on the Authority. Service Corporation, agent for Indiana Filed Date: 07/11/2007. appropriate link in the above list. They Michigan Power Company, submits an are also available for review in the Accession Number: 20070713–0054. executed Letter Agreement 2 w/ Commission’s Public Reference Room in Comment Date: 5 p.m. Eastern Time Michigan Electric Transmission Washington, DC. There is an on Wednesday, August 01, 2007. Company dated 7/2/07. Docket Numbers: ER07–1090–001. Filed Date: 07/13/2007. eSubscription link on the Web site that Applicants: PJM Interconnection Accession Number: 20070716–0185. enables subscribers to receive e-mail L.L.C. Comment Date: 5 p.m. Eastern Time notification when a document is added Description: PJM Interconnection, on Friday, August 03, 2007. to a subscribed dockets(s). For LLC submits a corrected version of its Take notice that the Commission assistance with any FERC Online Wholesale Market Participation received the following foreign utility service, please e-mail Agreement. company status filings: [email protected]. or call Filed Date: 07/10/2007. Docket Numbers: FC07–53–000. (866) 208–3676 (toll free). For TTY, call Accession Number: 20070711–0033. Applicants: Transportista Electrica (202) 502–8659. Comment Date: 5 p.m. Eastern Time Centroamericana. Kimberly D. Bose, on Tuesday, July 31, 2007. Description: Foreign Utility Company Docket Numbers: ER07–1142–000. Notice of Self-Certification. Secretary. Applicants: Arizona Public Service Filed Date: 07/11/2007. [FR Doc. E7–14309 Filed 7–24–07; 8:45 am] Company. Accession Number: 20070711–5041. BILLING CODE 6717–01–P Description: Arizona Public Service Comment Date: 5 p.m. Eastern Time Company submits revisions to their on Wednesday, August 01, 2007. Open Access Transmission Tariff. Any person desiring to intervene or to Filed Date: 07/10/2007. protest in any of the above proceedings Accession Number: 20070712–0179. must file in accordance with Rules 211 Comment Date: 5 p.m. Eastern Time and 214 of the Commission’s Rules of on Tuesday, July 31, 2007. Practice and Procedure (18 CFR 385.211 Docket Numbers: ER07–1143–000. and 385.214) on or before 5 p.m. Eastern

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DEPARTMENT OF ENERGY with three turbine generator units of staff in identifying the scope of the approximately 10 megawatt capacity. environmental issues that should be Federal Energy Regulatory Fall Creek Hydro proposes to: (1) analyzed in the EA. The times and Commission Bifurcate the existing south rectangular locations of these meetings are as [Project No. 12778–000] conduits, about 50 feet upstream of the follows: outlet, with a steel penstock; (2) Daytime Scoping Meeting Fall Creek Hydro, LLC; Notice of construct a new valve house with Date: Thursday, August 16, 2007. Scoping Meetings, Site Visit, and hydraulically operated vertical gates; (3) Time: 9 a.m. Soliciting Scoping Comments trifurcate the steel penstock at the Place: Lane Community College—Center entrance to the powerhouse into three July 17, 2007. for Meeting and Learning. penstocks feeding the three turbines; (4) Address: 4000 East 30th Avenue, Take notice that the following construct a new powerhouse located on Eugene, Oregon. hydroelectric application has been filed the west bank of the existing stilling Evening Scoping Meeting with the Commission and are available basin, immediately downstream of the for public inspection: toe of the dam; and (5) construct a 12.5- Date: Thursday, August 16, 2007. a. Type of Application: New Major kilovolt single-circuit transmission line Time: 7 p.m. License. running from the powerhouse to the Place: Lane Community College—Center b. Project No.: 12778–000. existing line at the base of the dam. Fall for Meeting and Learning. c. Date filed: February 16, 2007. River Hydro will use the head from the Address: 4000 East 30th Avenue, d. Applicant: Fall Creek Hydro, LLC. Corps of Engineer’s (Corps) Fall Creek Eugene, Oregon. e. Name of Project: Fall Creek Dam Copies of the Scoping Document Hydroelectric Project. Dam and will operate the project in coordination with the Corps’ authority (SD1) outlining the subject areas to be f. Location: On Fall Creek, near the addressed in the EA were distributed to towns of Springfield and Eugene, Lane to operate the dam for flood control, the parties on the Commission’s mailing County, Oregon. The project is located irrigation, navigation, improved list. Copies of the SD1 will be available in the Willamette National Forest. downstream water quality, and water- g. Filed Pursuant to: Federal Power based recreation. at the scoping meeting or may be Act, 16 U.S.C. 791(a)–825(r). m. A copy of the application is viewed on the Web at http:// h. Applicant Contact: Brent L. Smith, available for review at the Commission www.ferc.gov using the ‘‘eLibrary’’ link Northwest Power Services, Inc., P.O. in the Public Reference Room or may be (see item m above). Box 535, Rigby, Idaho 83442; telephone viewed on the Commission’s Web site at Site Visit (208) 745–0834 or by e-mail at http://www.ferc.gov using the [email protected]. ‘‘eLibrary’’ link. Enter the docket The Applicant and FERC staff will i. FERC Contact: Kim A. Nguyen, number excluding the last three digits in conduct a project site visit beginning at Federal Energy Regulatory Commission, the docket number field to access the 9 a.m. on August 17, 2007. All 888 First Street, NE., Washington, DC document. For assistance, contact FERC interested individuals, organizations, 20426; telephone (202) 502–6105 or by Online Support at and agencies are invited to attend. All e-mail at [email protected]. [email protected] or toll- participants planning to attend should j. Deadline for filing scoping free at 1–866–208–3676, or for TTY, call Kim Nguyen of FERC at (202) 502– comments: September 17, 2007. (202) 502–8659. A copy is also available 6105 or Erik Steimle of Fall River Hydro All documents (original and eight for inspection and reproduction at the at (503) 219–3750 no later than August copies) should be filed with: Kimberly address in item h above. 9, 2007. We will be meeting at the base D. Bose, Secretary, Federal Energy You may also register online at of Fall Creek Dam. All participants are Regulatory Commission, 888 First http://www.ferc.gov/docs-filing/ responsible for their own transportation Street, NE., Room 1A, Washington, DC esubscription.asp to be notified via e- to the site. mail of new filings and issuances 20426. Objectives The Commission’s Rules of Practice related to this or other pending projects. and Procedure require all interveners For assistance, contact FERC Online At the scoping meetings, the staff will: filing documents with the Commission Support. (1) Summarize the environmental issues to serve a copy of that document on n. Scoping Process: The Commission tentatively identified for analysis in the each person on the official service list intends to prepare an Environmental EA; (2) solicit from the meeting for the project. Further, if an intervener assessment (EA) on the project in participants all available information, files comments or documents with the accordance with the National especially quantifiable data, on the Commission relating to the merits of an Environmental Policy Act. The EA will resources at issue; (3) encourage issue that may affect the responsibilities consider both site-specific and statements from experts and the public of a particular resource agency, they cumulative environmental impacts and on issues that should be analyzed in the must also serve a copy of the document reasonable alternatives to the proposed EA, including viewpoints in opposition on that resource agency. action. to, or in support of, the staff’s Scoping comments may be filed preliminary views; (4) determine the Scoping Meetings electronically via the Internet in lieu of resource issues to be addressed in the paper. The Commission strongly FERC staff will conduct one daytime EA; and (5) identify those issues that encourages electronic filings. See 18 scoping meeting and one evening require a detailed analysis, as well as CFR 385.2001(a)(1)(iii) and the meeting. The daytime scoping meeting those issues that do not require a instructions on the Commission’s Web will focus on resource agency and non- detailed analysis. site (http://www.ferc.gov) under the ‘‘e- governmental organization concerns, Procedures Filing’’ link. while the evening scoping meeting is k. This application is not ready for primarily for public input. All The meetings are recorded by a environmental analysis at this time. interested individuals, organizations, stenographer and become part of the l. The Fall Creek Dam Hydroelectric and agencies are invited to attend one formal record of the Commission Project will consist of a powerhouse or both of the meetings and to assist the proceeding on the project.

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Individuals, organizations, and Information (CBI) or other information the system, select ‘‘search,’’ then key in agencies with environmental expertise whose disclosure is restricted by statute. the docket ID number identified in this and concerns are encouraged to attend Do not submit information that you document. the meeting and to assist the staff in consider to be CBI or otherwise What Information is EPA Particularly defining and clarifying the issues to be protected through www.regulations.gov Interested in? addressed in the EA. or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, Kimberly D. Bose, Pursuant to section 3506(c)(2)(A) of which means EPA will not know your the PRA, EPA specifically solicits Secretary. identity or contact information unless comments and information to enable it [FR Doc. E7–14304 Filed 7–24–07; 8:45 am] you provide it in the body of your to: BILLING CODE 6717–01–P comment. If you send an e-mail (i) Evaluate whether the proposed comment directly to EPA without going collection of information is necessary through www.regulations.gov your e- for the proper performance of the ENVIRONMENTAL PROTECTION mail address will be automatically functions of the Agency, including AGENCY captured and included as part of the whether the information will have comment that is placed in the public [EPA–HQ–OW–2003–0013, FRL–8445–4] practical utility; docket and made available on the (ii) Evaluate the accuracy of the Internet. If you submit an electronic Agency Information Collection Agency’s estimate of the burden of the comment, EPA recommends that you Activities; Proposed Collection; proposed collection of information, include your name and other contact Comment Request: Title IV of the including the validity of the information in the body of your Public Health Security and methodology and assumptions used; comment and with any disk or CD–ROM Bioterrorism Preparedness and (iii) Enhance the quality, utility, and Response Act of 2002: Drinking Water you submit. If EPA cannot read your comment due to technical difficulties clarity of the information to be Security and Safety (Act); EPA ICR No. collected; and 2103.03; OMB No. 2040–0253 and cannot contact you for clarification, EPA may not be able to consider your (iv) Minimize the burden of the AGENCY: Environmental Protection comment. Electronic files should avoid collection of information on those who Agency (EPA). the use of special characters, any form are to respond, including through the ACTION: Notice. of encryption, and be free of any defects use of appropriate automated electronic, or viruses. For additional information mechanical, or other technological SUMMARY: In compliance with the about EPA’s public docket visit the EPA collection techniques or other forms of Paperwork Reduction Act (PRA) (44 Docket Center homepage at http:// information technology, e.g., permitting U.S.C. 3501 et seq.), this document www.epa.gov/epahome/dockets.htm. electronic submission of responses. In announces that EPA is planning to FOR FURTHER INFORMATION CONTACT: Tara particular, EPA is requesting comments submit a request to renew an existing Johnson, Water Security Division,Office from very small businesses (those that approved Information Collection of Ground Water and Drinking Water, employ less than 25) on examples of Request (ICR) to the Office of Mailcode: 4608T, Environmental specific additional efforts that EPA Management and Budget (OMB). This Protection Agency, 1200 Pennsylvania could make to reduce the paperwork ICR is scheduled to expire on September Ave., NW., Washington, DC 20460; burden for very small businesses 30, 2007. Before submitting the ICR to telephone number: 202–564–6186; fax affected by this collection. OMB for review and approval, EPA is number: 202–566–0055; e-mail address: What Should I Consider When I soliciting comments on specific aspects [email protected]. Prepare My Comments for EPA? of the proposed information collection SUPPLEMENTARY INFORMATION: as described below. You may find the following DATES: Comments must be submitted on How Can I Access the Docket and/or suggestions helpful for preparing your or before September 24, 2007. Submit Comments? comments: ADDRESSES: Submit your comments, EPA has established a public docket 1. Explain your views as clearly as identified by Docket ID No. EPA–HQ– for this ICR under Docket ID No. EPA– possible and provide specific examples. OW–2003–0013, by one of the following HQ–OW–2003–0013A, which is 2. Describe any assumptions that you methods: available for online viewing at used. • www.regulations.gov: Follow the www.regulations.gov, or in person 3. Provide copies of any technical online instructions for submitting viewing at the Water Docket in the EPA information and/or data you used that comments. Docket Center (EPA/DC), EPA West, support your views. • E-mail: [email protected]. Room 3334, 1301 Constitution Ave., 4. If you estimate potential burden or • Mail: EPA Water Docket, NW., Washington, DC. The EPA/DC costs, explain how you arrived at the Environmental Protection Agency, Public Reading Room is open from 8 estimate that you provide. Mailcode: 4101T, 1200 Pennsylvania a.m. to 4:30 p.m., Monday through Ave., NW., Washington, DC 20460. Friday, excluding legal holidays. The 5. Offer alternative ways to improve Instructions: Direct your comments to telephone number for the Reading Room the collection activity. Docket ID No. EPA–HQ–OW–2003– is 202–566–1744, and the telephone for 6. Make sure to submit your 0013. EPA’s policy is that all comments the Water Docket is 202–566–2426. comments by the deadline identified received will be included in the public Use www.regulations.gov to obtain a under DATES. docket without change and may be copy of the draft collection of 7. To ensure proper receipt by EPA, made available online at information, submit or view public be sure to identify the docket ID number www.regulations.gov, including any comments, access the index listing of assigned to this action in the subject personal information provided, unless the contents of the docket, and to access line on the first page of your response. the comment includes information those documents in the public docket You may also provide the name, date, claimed to be Confidential Business that are available electronically. Once in and Federal Register citation.

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What Information Collection Activity or existing ways to comply with any ENVIRONMENTAL PROTECTION ICR Does this Apply to? previously applicable instructions and AGENCY Affected entities: Entities potentially requirements which have subsequently [UST–2007–0001, FRL–8444–6] affected by this action are community changed; train personnel to be able to water systems serving more than 3,300 respond to a collection of information; Agency Information Collection persons. search data sources; complete and Activities: Proposed Collection; Title: Title IV of the Public Health review the collection of information; Comment Request; Underground Security and Bioterrorism Preparedness and transmit or otherwise disclose the Storage Tanks: Technical and and Response Act of 2002: Drinking information. Financial Requirements, and State Water Security and Safety (Act). The ICR provides a detailed Program Approval Procedures, EPA ICR Number 1360.07, OMB Control ICR numbers: EPA ICR No. 2103.03; explanation of the Agency’s estimate, Number 2050–0068 OMB Control No. 2040–0253. which is only briefly summarized here: ICR status: This ICR is currently AGENCY: Environmental Protection scheduled to expire on September 30, Estimated total number of potential Agency (EPA). 2007. An Agency may not conduct or respondents: 80. ACTION: Notice. sponsor, and a person is not required to Frequency of response: once. respond to, a collection of information, Estimated total average number of SUMMARY: In compliance with the unless it displays a currently valid OMB responses for each respondent: 1. Paperwork Reduction Act (44 U.S.C. control number. The OMB control 3501 et seq.), this document announces numbers for EPA’s regulations in title 40 Estimated total annual burden hours: that EPA is planning to submit a of the CFR, after appearing in the 5000. continuing Information Collection Federal Register when approved, are Estimated total annual costs: $98,000. Request (ICR) to the Office of listed in 40 CFR part 9, are displayed This includes an estimated burden cost Management and Budget (OMB). This is either by publication in the Federal of $1225/respondent and an estimated a request to renew an existing approved Register or by other appropriate means, cost of $765.25/respondent for capital collection which is scheduled to expire such as on the related collection investment or maintenance and on January 31, 2008. Before submitting instrument or form, if applicable. The operational costs. the ICR to OMB for review and display of OMB control numbers in approval, EPA is soliciting comments on certain EPA regulations is consolidated Are There Changes in the Estimates specific aspects of the proposed in 40 CFR part 9. from the Last Approval? information collection as described Abstract: The Bioterrorism Act below. requires each community water system There is a decrease of 2,908,929 hours serving a population of more than 3,300 in the total estimated respondent DATES: Comments must be submitted on people to conduct a vulnerability burden compared with that identified in or before September 30, 2007. assessment of its water system and to the ICR currently approved by OMB. ADDRESSES: Submit your comments, prepare or revise an emergency response This decrease reflects EPA’s need to referencing docket ID number EPA–HQ– plan that incorporates the results of the collect documents that were included in UST–2007–0494 to EPA online using vulnerability assessment. These the original estimate, but still have not EDOCKET (our preferred method), by e- requirements are mandatory under the been submitted to the Agency. mail to [email protected], or by mail statute. EPA will use the information to: EPA Docket Center, Environmental collected under this ICR to determine What is the Next Step in the Process for Protection Agency, Underground whether community water systems have this ICR? Storage Tank (UST) Docket, Mail Code conducted vulnerability assessments 5305T, 1200 Pennsylvania Ave., NW., EPA will consider the comments Washington, DC 20460. and prepared or revised emergency received and amend the ICR as response plans in compliance with that FOR FURTHER INFORMATION CONTACT: Hal appropriate. The final ICR package will Act. EPA is required to protect all White, Office of Underground Storage then be submitted to OMB for review vulnerability assessments and all Tanks, Mail Code 5403P, Environmental and approval pursuant to 5 CFR information derived from them from Protection Agency, 1200 Pennsylvania disclosure to unauthorized parties and 1320.12. At that time, EPA will issue Ave., NW., Washington, DC 20460; has established an Information another Federal Register notice telephone number: (703) 603–7177; fax Protection Protocol describing how that pursuant to 5 CFR 1320.5(a)(1)(iv) to number: (703) 603–0175; e-mail address: will be accomplished. announce the submission of the ICR to [email protected]. Burden Statement: The annual public OMB and the opportunity to submit SUPPLEMENTARY INFORMATION: EPA has reporting and recordkeeping burden for additional comments to OMB. If you established a public docket for this ICR this collection of information is have any questions about this ICR or the under Docket ID number EPA–HQ– estimated to average 117.9 hours per approval process, please contact the UST–2007–0494 which is available for response. Burden means the total time, technical person listed under FOR public viewing at the UST Docket in the effort, or financial resources expended FURTHER INFORMATION CONTACT. EPA Docket Center (EPA/DC), EPA by persons to generate, maintain, retain, Dated: July 18, 2007. West, Room B102, 1301 Constitution or disclose or provide information to or Ave., NW., Washington, DC. The EPA Cynthia C. Dougherty, for a Federal agency. This includes the Docket Center Public Reading Room is time needed to review instructions; Director, Office of Ground Water and Drinking open from 8:30 a.m. to 4:30 p.m., develop, acquire, install, and utilize Water. Monday through Friday, excluding legal technology and systems for the purposes [FR Doc. E7–14363 Filed 7–24–07; 8:45 am] holidays. The telephone number for the of collecting, validating, and verifying BILLING CODE 6560–50–P Reading Room is (202) 566–1744, and information, processing and the telephone number for the UST maintaining information, and disclosing Docket is (202) 566–0270. An electronic and providing information; adjust the version of the public docket is available

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through EPA Dockets (EDOCKET) at owners and operators and/or EPA or the respondent per year. This estimate http://www.epa.gov/edocket. Use implementing agency to monitor results includes time for preparing and EDOCKET to obtain a copy of the draft of testing, inspections, and operation of submitting notices, preparing and collection of information, submit or UST systems, as well as to demonstrate submitting demonstrations and view public comments, access the index compliance with regulations. EPA applications, reporting releases, listing of the contents of the public believes strongly that if the minimum gathering information, and preparing docket, and access those documents in requirements specified under the and submitting reports. The the public docket that are available regulations are not met, neither the recordkeeping burden for UST facilities electronically. Once in the system, facilities nor EPA can ensure that UST is estimated to average 12 hours per select ‘‘search,’’ then key in the docket systems are being managed in a manner respondent per year. This estimate ID number identified above. protective of human health and the includes time for gathering information Any comments related to this ICR environment. and for developing and maintaining should be submitted to EPA within 60 EPA uses state program applications records. days of this notice. EPA’s policy is that to determine whether to approve a state For states applying for program public comments, whether submitted program. Before granting approval, EPA approval, the reporting burden is electronically or in paper, will be made must determine that programs will be estimated to average 13 hours per available for public viewing in no less stringent than the federal respondent per year. This estimate EDOCKET as EPA receives them and program and contain adequate includes time for preparing and without change, unless the comment enforcement mechanisms. submitting an application and contains copyrighted material, CBI, or An agency may not conduct or associated information. The other information whose public sponsor, and a person is not required to recordkeeping burden is estimated to disclosure is restricted by statute. When respond to, a collection of information average 15 hours per respondent per EPA identifies a comment containing unless it displays a currently valid OMB year. This estimate includes time for copyrighted material, EPA will provide control number. The OMB control maintaining application files. a reference to that material in the numbers for EPA’s regulations in 40 Burden means the total time, effort, or version of the comment that is placed in CFR are listed in 40 CFR part 9. financial resources expended by persons EDOCKET. The entire printed comment, The EPA would like to solicit to generate, maintain, retain, or disclose including the copyrighted material, will comments to: or provide information to or for a federal be available in the public docket. (i) Evaluate whether the proposed agency. This includes the time needed Although identified as an item in the collection of information is necessary to review instructions; develop, acquire, official docket, information claimed as for the proper performance of the install, and utilize technology and CBI or whose disclosure is otherwise functions of the Agency, including systems for the purposes of collecting, restricted by statute is not included in whether the information will have validating, and verifying information, the official public docket, and will not practical utility; processing and maintaining (ii) Evaluate the accuracy of the be available for public viewing in information, and disclosing and Agency’s estimate of the burden of the EDOCKET. For further information providing information; adjust the proposed collection of information, about the electronic docket, see EPA’s existing ways to comply with any including the validity of the Federal Register notice describing the previously applicable instructions and methodology and assumptions used; electronic docket at 67 FR 38102 (May requirements; train personnel to be able 31, 2002), or go to http://www.epa.gov/ (iii) Enhance the quality, utility, and to respond to a collection of edocket. clarity of the information to be information; search data sources; Affected entities: Entities potentially collected; and affected by this action are those (iv) Minimize the burden of the complete and review the collection of facilities that own and operate collection of information on those who information; and transmit or otherwise underground storage tanks (USTs) and are to respond, including through the disclose the information. those states that implement the UST use of appropriate automated electronic, Dated: July 13, 2007. programs. mechanical, or other technological Cliff Rothenstein, Title: ‘‘Underground Storage Tanks: collection techniques or other forms of Director, Office of Underground Storage Technical and Financial Requirements, information technology, e.g., permitting Tanks. and State Program Approval electronic submission of responses. [FR Doc. E7–14376 Filed 7–24–07; 8:45 am] Procedures.’’ Burden Statement: EPA estimates the BILLING CODE 6560–50–P Abstract: Subtitle I of the Resource total annual respondent burden for all Conservation and Recovery Act (RCRA), activities covered in this proposed ICR as amended, requires that EPA develop to be 6,132,237 hours. The total annual ENVIRONMENTAL PROTECTION standards for UST systems, as may be respondent cost burden is estimated to AGENCY necessary, to protect human health and be $674,448,929 ($330,941,882 in labor the environment, and procedures for costs; $263,256,390 in operation and [EPA–HQ–OPP–2007–0612; FRL–8141–9] approving state programs in lieu of the maintenance costs; and $80,250,656 in Pesticide Program Dialogue federal program. EPA promulgated capital/startup costs). The Agency Committee; Request for Nominations technical and financial requirements for estimates the average total annual owners and operators of USTs at 40 CFR number of respondents will be 254,668 AGENCY: Environmental Protection part 280, and state program approval (i.e., 254,612 UST facilities and 56 Agency (EPA). procedures at 40 CFR part 281. This ICR states) and the frequency of their ACTION: Notice. is a comprehensive presentation of all response will depend upon the information collection requirements individual reporting and recordkeeping SUMMARY: EPA’s Office of Pesticide contained at 40 CFR parts 280 and 281. requirements. Programs is inviting nominations of The data collected for new and Based on this analysis, the public qualified candidates to be considered existing UST system operations and reporting burden for UST facilities is for appointment to the Pesticide financial requirements are used by estimated to average 12 hours per Program Dialogue Committee (PPDC).

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EPA’s current Charter for the PPDC will the electronic docket at http:// Dated: July 13, 2007. expire in November 2007. EPA intends www.regulations.gov, or, available in Debra Edwards, to seek renewal of the PPDC Charter for hard copy, at the Office of Pesticide Director, Office of Pesticide Programs. another 2–year term, November 2007 to Programs (OPP) Regulatory Public [FR Doc. E7–14332 Filed 7–24–07; 8:45 am] November 2009, in accordance with the Docket in Rm. S–4400, One Potomac BILLING CODE 6560–50–S Federal Advisory Committee Act. Yard (South Building), 2777 S. Crystal DATES: Nominations must be e-mailed or Drive Arlington, VA. The hours of postmarked no later than August 17, operation of this Docket Facility are ENVIRONMENTAL PROTECTION 2007. from 8:30 a.m. to 4 p.m., Monday AGENCY through Friday, excluding legal ADDRESSES: Nominations should be e- holidays. The Docket telephone number National Advisory Council for mailed or submitted in writing to Environmental Policy and Technology Margie Fehrenbach at the address listed is (703) 305–5805. 2. Electronic access. You may access under FOR FURTHER INFORMATION [FRL–8445–5] this Federal Register document CONTACT. AGENCY: electronically through the EPA Internet Environmental Protection FOR FURTHER INFORMATION CONTACT: under the ‘‘Federal Register’’ listings at Agency (EPA). Margie Fehrenbach, Office of Pesticide http://www.epa.gov/fedrgstr. ACTION: Notice of Meeting. Programs (7501P), Environmental Protection Agency, 1200 Pennsylvania II. Background SUMMARY: Under the Federal Advisory Ave., NW., Washington, DC 20460– Committee Act, Pub. L. 92463, EPA The Office of Pesticide Programs is gives notice of a meeting of the National 0001; telephone number: (703) 308– entrusted with the responsibility to help 4775; fax number: (703) 308–4776; Advisory Council for Environmental ensure the safety of the American food Policy and Technology (NACEPT). e-mail address: supply, protection and education of [email protected]. NACEPT provides advice to the EPA those who apply or are exposed to Administrator on a broad range of SUPPLEMENTARY INFORMATION: pesticides occupationally or through use environmental policy, technology, and of products, and the general protection I. General Information management issues. The Council is a of the environment and special panel of individuals who represent A. Does this Action Apply to Me? ecosystems from potential risks posed diverse interests from academia, This action is directed to the public by pesticides. industry, non-governmental in general, and may be of interest to a PPDC was established under the organizations, and local, state, and tribal wide range of stakeholders, and Federal Advisory Committee Act governments. The purpose of this especially to persons who work in (FACA), Public Law 92–463, in meeting is to discuss the NACEPT agricultural settings or urban settings September 1995 for a 2–year term and agenda, including sustainable water and who are concerned about has been renewed every 2 years since infrastructure, environmental implementation of the Federal that time. PPDC provides advice and stewardship, cooperative conservation, Insecticide, Fungicide, and Rodenticide recommendations to OPP on a broad energy and the environment, and Act (FIFRA); the Federal Food, Drug, range of pesticide regulatory, policy, environmental indicators. A copy of the and Cosmetic Act (FFDCA); and the and program implementation issues that agenda for the meeting will be posted at amendments to both of these major are associated with evaluating and http://www.epa.gov/ocem/nacept/cal- pesticide laws by the Food Quality reducing risks from use of pesticides. nacept.htm. EPA is seeking to renew the current Protection Act (FQPA) of 1996. DATES: NACEPT will hold a two day Potentially interested entities may PPDC Charter, which expires in November 2007, for another 2–year open meeting on Thursday, August 9, include but are not limited to: 2007, from 8:30 a.m. to 1 p.m. and Environmental, consumer and term. EPA intends to appoint members to 2–year terms. An important Friday, August 10, 2007 from 12 p.m. to farmworker groups; agricultural workers 2 p.m. and farmers; pesticide industry and consideration in EPA’s selection of ADDRESSES: The meeting will be held at trade associations; pesticide users and members will be to maintain balance the Boston Park Plaza Hotel, 50 Park growers, pest consultants, public health and diversity of experience and Plaza at Arlington Street, Boston, MA, organizations; food processors; State, expertise. EPA also intends to seek 02116. The meeting is open to the local and Tribal governments; academia; broad geographic representation from public, with limited seating on a first- and the public. Since others also may be the following sectors: Pesticide industry come, first-served basis. interested, the Agency has not and trade associations; environmental/ attempted to describe all the specific public interest and consumer groups; FOR FURTHER INFORMATION CONTACT: entities that may be affected by this farm worker organizations; pesticide Sonia Altieri, Designated Federal action. If you have any questions user, grower, and commodity groups; Officer, [email protected], (202) regarding the applicability of this action Federal/State/local and Tribal 564–0243, U.S. EPA, Office of to a particular entity, consult the governments; academia; and public Cooperative Environmental persons listed under FOR FURTHER health organizations; individuals who Management (1601M), 1200 INFORMATION CONTACT. work on urban pest management issues; Pennsylvania Avenue, NW., and the general public. Washington, DC 24060. B. How Can I Get Copies of this Copies of the PPDC charter are filed SUPPLEMENTARY INFORMATION: Requests Document and Other Related with appropriate committees of to make oral comments or to provide Information? Congress, the Library of Congress, and written comments to the Council should 1. Docket. EPA has established a are available upon request. be sent to Sonia Altieri, Designated docket for this action under docket Federal Officer, at the contact List of Subjects identification (ID) number EPA–HQ– information above. The public is OPP–2007–0612. Publicly accessible Environmental protection, Pesticides welcome to attend all portions of the docket materials are available either in and pests. meeting.

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Meeting Access: For information on normal hours of operation (8:30 a.m. to available in hard copy, at the OPP access or services for individuals with 4 p.m., Monday through Friday, Regulatory Public Docket in Rm. S– disabilities, please contact Sonia Altieri excluding legal holidays). Special 4400, One Potomac Yard (South Bldg.), at 202–564–0243 or arrangements should be made for 2777 S. Crystal Dr., Arlington, VA. The [email protected]. To request deliveries of boxed information. The hours of operation of this Docket accommodation of a disability, please Docket Facility telephone number is Facility are from 8:30 a.m. to 4 p.m., contact Sonia Altieri, preferably at least (703) 305–5805. Monday through Friday, excluding legal 10 days prior to the meeting, to give Instructions: Direct your comments to holidays. The Docket Facility telephone EPA as much time as possible to process docket ID number EPA–HQ–OPP–2007– number is (703) 305–5805. your request. 0589. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: received will be included in the docket Dated: July 13, 2007. Rebecca Cool, Antimicrobials Division without change and may be made Sonia Altieri, (7501P), Office of Pesticide Programs, available on-line at http:// Environmental Protection Agency, 1200 Designated Federal Officer. www.regulations.gov, including any Pennsylvania Ave., NW., Washington, [FR Doc. 07–3634 Filed 7–24–07; 8:45 am] personal information provided, unless DC 20460–0001; telephone number: BILLING CODE 6560–50–M the comment includes information (703) 347–8024; fax number (703) 308– claimed to be Confidential Business 8481; e-mail address: Information (CBI) or other information [email protected]. ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: AGENCY Do not submit information that you [EPA–HQ–OPP–2007–0589; FRL–8140–6] consider to be CBI or otherwise I. General Information protected through regulations.gov or e- A. Does this Action Apply to Me? Naphthenate Salts Risk Assessment; mail. The Federal regulations.gov Web Notice of Availability and Risk site is an ‘‘anonymous access’’ system, This action is directed to the public Reduction Options which means EPA will not know your in general, and may be of interest to a identity or contact information unless wide range of stakeholders including AGENCY: Environmental Protection you provide it in the body of your environmental, human health, and Agency (EPA). comment. If you send an e-mail agricultural advocates; the chemical ACTION: Notice. comment directly to EPA without going industry; pesticide users; and members through regulations.gov, your e-mail of the public interested in the sale, SUMMARY: This notice announces the address will be automatically captured distribution, or use of pesticides. Since availability of EPA’s risk assessment(s), and included as part of the comment others also may be interested, the and related documents for the pesticides that is placed in the docket and made Agency has not attempted to describe all copper naphthenate and zinc available on the Internet. If you submit the specific entities that may be affected naphthenate (the naphthenate salts), an electronic comment, EPA by this action. If you have any questions and opens a public comment period on recommends that you include your regarding the applicability of this action these documents. The public is name and other contact information in to a particular entity, consult the person encouraged to suggest risk management the body of your comment and with any listed under FOR FURTHER INFORMATION ideas or proposals to address the risks disk or CD-ROM you submit. If EPA CONTACT. identified. EPA is developing a cannot read your comment due to B. What Should I Consider as I Prepare Reregistration Eligibility Decision (RED) technical difficulties and cannot contact My Comments for EPA? for the naphthenate salts through a you for clarification, EPA may not be modified, 4-Phase public participation able to consider your comment. 1. Submitting CBI. Do not submit this process that the Agency uses to involve Electronic files should avoid the use of information to EPA through the public in developing pesticide special characters, any form of regulations.gov or e-mail. Clearly mark reregistration decisions. Through this encryption, and be free of any defects or the part or all of the information that program, EPA is ensuring that all viruses. you claim to be CBI. For CBI pesticides meet current health and Docket: All documents in the docket information in a disk or CD ROM that safety standards. are listed in the docket index available you mail to EPA, mark the outside of the DATES: Comments must be received on in regulations.gov. To access the disk or CD ROM as CBI and then or before September 24, 2007. electronic docket, go to http:// identify electronically within the disk or ADDRESSES: Submit your comments, www.regulations.gov, select ‘‘Advanced CD ROM the specific information that is identified by docket identification (ID) Search,’’ then ‘‘Docket Search.’’ Insert claimed as CBI. In addition to one number EPA–HQ–OPP–2007–0589, by the docket ID number where indicated complete version of the comment that one of the following methods: and select the ‘‘Submit’’ button. Follow includes information claimed as CBI, a • Federal eRulemaking Portal: http:// the instructions on the regulations.gov copy of the comment that does not www.regulations.gov. Follow the on-line web site to view the docket index or contain the information claimed as CBI instructions for submitting comments. access available documents. Although must be submitted for inclusion in the • Mail: Office of Pesticide Programs listed in the index, some information is public docket. Information so marked (OPP) Regulatory Public Docket (7502P), not publicly available, e.g., CBI or other will not be disclosed except in Environmental Protection Agency, 1200 information whose disclosure is accordance with procedures set forth in Pennsylvania Ave., NW., Washington, restricted by statute. Certain other 40 CFR part 2. DC 20460–0001. material, such as copyrighted material, 2. Tips for preparing your comments. • Delivery: OPP Regulatory Public is not placed on the Internet and will be When submitting comments, remember Docket (7502P), Environmental publicly available only in hard copy to: Protection Agency, Rm. S–4400, One form. Publicly available docket i. Identify the document by docket ID Potomac Yard (South Bldg.), 2777 S. materials are available either in the number and other identifying Crystal Dr., Arlington, VA. Deliveries electronic docket at http:// information (subject heading, Federal are only accepted during the Docket’s www.regulations.gov, or, if only Register date and page number).

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ii. Follow directions. The Agency may preservative surface treatments when a result of their location, cultural ask you to respond to specific questions applied to bare seasoned wood. Copper/ practices, or other factors, may have or organize comments by referencing a zinc naphthenates are also used for atypical, unusually high exposure to the Code of Federal Regulations (CFR) part mainly commercial/industrial materials naphthenate salts, compared to the or section number. preservation of cellulose-based cordage/ general population. iii. Explain why you agree or disagree; textiles. Products are used as fungistats EPA is applying the principles of suggest alternatives and substitute to control rot and mildew and are public participation to all pesticides language for your requested changes. registered for impregnation by dip undergoing reregistration and tolerance iv. Describe any assumptions and (primarily), or by spray and brush reassessment. The Agency’s Pesticide provide any technical information and/ surface treatment. It is additionally used Tolerance Reassessment and or data that you used. for incorporation into industrial textiles Reregistration; Public Participation v. If you estimate potential costs or meeting military or government- Process, published in the Federal burdens, explain how you arrived at specified needs. Examples of the Register on May 14, 2004 (69 FR 26819) your estimate in sufficient detail to materials/wood preserved using (FRL–7357–9), explains that in allow for it to be reproduced. naphthenate salts include cellulose- conducting these programs, the Agency vi. Provide specific examples to based fibers in cordage (ropes, twine, is tailoring its public participation illustrate your concerns and suggest nets) and non-apparel and industrial process to be commensurate with the alternatives. textiles (tents, awnings, tarpaulins, level of risk, extent of use, complexity vii. Explain your views as clearly as canvas products, burlap, truck and boat of the issues, and degree of public possible, avoiding the use of profanity covers, and non-rubber fabrics); outdoor concern associated with each pesticide. or personal threats. wood building materials, such as For the napthenate salts, a modified, 4- viii. Make sure to submit your particle board; lumber, patio decking, Phase process with one comment period comments by the comment period fence posts, and other wood products; and ample opportunity for public deadline identified. and in-service wood utility poles and consultation seems appropriate in view similar members. of its refined risk assessment. However, II. Background EPA is providing an opportunity, if as a result of comments received A. What Action is the Agency Taking? through this notice, for interested during this comment period EPA finds parties to provide comments and input that additional issues warranting further EPA is releasing for public comment on the Agency’s risk assessments for the discussion are raised, the Agency may its human health and environmental naphthenate salts. Such comments and lengthen the process and include a fate and effects risk assessments and input could address, for example, the second comment period, as needed. related documents for the naphthenate availability of additional data to further All comments should be submitted salts, and soliciting public comment on refine the risk assessments, such as using the methods in ADDRESSES, and risk management ideas or proposals. dermal toxicity data to support the must be received by EPA on or before The naphthenate salts are microbiocide/ wood preservation use; inhalation the closing date. Comments will become microbiostat, miticide, fungicides, toxicity data, or could address the part of the Agency Docket for the insecticides, algaecide and herbicide/ Agency’s risk assessment methodologies napthenate salts. Comments received terrestrial chemicals. EPA developed the and assumptions as applied to this after the close of the comment period risk assessments and risk specific pesticide. will be marked ‘‘late.’’ EPA is not characterization for the naphthenate Through this notice, EPA also is required to consider these late salts through a modified version of its providing an opportunity for interested comments. public process for making pesticide parties to provide risk management B. What is the Agency’s Authority for reregistration eligibility and tolerance proposals or otherwise comment on risk Taking this Action? reassessment decisions. Through these management for the naphthenate salts. programs, EPA is ensuring that Risks of concern associated with the use Section 4(g)(2) of FIFRA as amended pesticides meet current standards under of the naphthenate salts are: directs that, after submission of all data the Federal Insecticide, Fungicide, and Occupational handler exposure and concerning a pesticide active ingredient, Rodenticide Act (FIFRA) and the risks of concern resulting from ‘‘the Administrator shall determine Federal Food, Drug, and Cosmetic Act preservation of textiles and wood whether pesticides containing such (FFDCA), as amended by the Food preservation; Residential handler active ingredient are eligible for Quality Protection Act of 1996 (FQPA). exposure and risks of concern resulting reregistration,’’ before calling in The naphthenate salts are used from application of preservative product-specific data on individual end- predominantly in industrial and coatings/water repellents for protection use products and either reregistering commercial wood preservation for non- of outdoor-use wood/textiles (via brush/ products or taking other ‘‘appropriate pressure (dip/brush/spray) and pressure roller and low pressure sprayer). In regulatory action.’’ treatments (vacuum/full-cell) to protect targeting these risks of concern, the Section 408(q) of the FFDCA, 21 against fungal rot, decay, termites and Agency solicits information on effective U.S.C. 346a(q), requires EPA to review wood-boring insects in unfinished wood and practical risk reduction measures. tolerances and exemptions for pesticide and various fabricated wood products. EPA seeks to achieve environmental residues in effect as of August 2, 1996, These preservatives are also used for justice, the fair treatment and to determine whether the tolerance or remedial treatments to in-service poles meaningful involvement of all people, exemption meets the requirements of (internal/external surfaces at ground or regardless of race, color, national origin, section 408(b)(2) or (c)(2) of FFDCA. below-ground level via brush/trowel, or income, in the development, This review was completed by August 3, mechanical injection, or bandage wrap). implementation, and enforcement of 2006. Treated wood is specified for exterior environmental laws, regulations, and above-ground, ground-contact, below- policies. To help address potential List of Subjects ground and fresh or salt water contact environmental justice issues, the Environmental protection, Pesticides use applications. The naphthenate salts Agency seeks information on any groups and pests, Antimicrobials, Naphthenate are also used as protective wood or segments of the population who, as salts

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Dated: July 17, 2007. Docket telephone number is (703) 305- from 8:30 a.m. to 4 p.m., Monday Betty Shackleford, 5805. through Friday, excluding legal Acting Director, Antimicrobials Division, Instructions: Direct your comments to holidays. The Docket telephone number Office of Pesticide Programs. docket ID number EPA–HQ–OPP–2007– is (703) 305-5805. 0588. EPA’s policy is that all comments [FR Doc. E7–14173 Filed 7–24–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–S received will be included in the docket without change and may be made Amaris Johnson, Special Review and available on-line at http:// Reregistration Division (7508P), Office www.regulations.gov, including any of Pesticide Programs, Environmental ENVIRONMENTAL PROTECTION Protection Agency, 1200 Pennsylvania AGENCY personal information provided, unless the comment includes information Ave., NW., Washington, DC 20460-0001; [EPA–HQ–OPP–2007–0588; FRL–8140–8] claimed to be Confidential Business telephone number: (703) 305-9542; fax Information (CBI) or other information number: 703) 308-7070; e-mail address: Acrolein Ecological Risk Assessment; [email protected]. Notice of Availability, and Risk whose disclosure is restricted by statute. Reduction Options Do not submit information that you SUPPLEMENTARY INFORMATION: consider to be CBI or otherwise I. General Information AGENCY: Environmental Protection protected through regulations.gov or e- Agency (EPA). mail. The Federal regulations.gov Web A. Does this Action Apply to Me? ACTION: Notice. site is an ‘‘anonymous access’’ system, which means EPA will not know your This action is directed to the public SUMMARY: This notice announces the identity or contact information unless in general, and may be of interest to a availability of EPA’s ecological risk you provide it in the body of your wide range of stakeholders including assessment, and related documents for comment. If you send an e-mail environmental, human health, and the pesticide acrolein, and opens a comment directly to EPA without going agricultural advocates; the chemical public comment period on these through regulations.gov, your e-mail industry; pesticide users; and members documents. The public is encouraged to address will be automatically captured of the public interested in the sale, suggest risk management ideas or and included as part of the comment distribution, or use of pesticides. Since proposals to address the risks identified. that is placed in the docket and made others also may be interested, the EPA is developing a Reregistration available on the Internet. If you submit Agency has not attempted to describe all Eligibility Decision (RED) for acrolein an electronic comment, EPA the specific entities that may be affected through a modified, 4-Phase public recommends that you include your by this action. If you have any questions participation process that the Agency name and other contact information in regarding the applicability of this action uses to involve the public in developing the body of your comment and with any to a particular entity, consult the person pesticide reregistration decisions. The disk or CD-ROM you submit. If EPA listed under FOR FURTHER INFORMATION ecological risk assessment is being cannot read your comment due to CONTACT. released with this Federal Register technical difficulties and cannot contact B. What Should I Consider as I Prepare Notice. The human health risk you for clarification, EPA may not be My Comments for EPA? assessment for acrolein is currently able to consider your comment. under development and will be released Electronic files should avoid the use of 1. Submitting CBI. Do not submit this within a few months. Through this special characters, any form of information to EPA through program, EPA is ensuring that all encryption, and be free of any defects or regulations.gov or e-mail. Clearly mark pesticides meet current health and viruses. the part or all of the information that safety standards. Docket: All documents in the docket you claim to be CBI. For CBI are listed in the docket index available information in a disk or CD ROM that DATES: Comments must be received on in regulations.gov. To access the or before September 24, 2007. you mail to EPA, mark the outside of the electronic docket, go to http:// disk or CD ROM as CBI and then ADDRESSES: Submit your comments, www.regulations.gov, select ‘‘Advanced identify electronically within the disk or identified by docket identification (ID) Search,’’ then ‘‘Docket Search.’’ Insert CD ROM the specific information that is number EPA–HQ–OPP–2007–0588, by the docket ID number where indicated claimed as CBI. In addition to one one of the following methods: and select the ‘‘Submit’’ button. Follow • complete version of the comment that Federal eRulemaking Portal: http:// the instructions on the regulations.gov includes information claimed as CBI, a www.regulations.gov. Follow the on-line web site to view the docket index or copy of the comment that does not instructions for submitting comments. access available documents. Although • contain the information claimed as CBI Mail: Office of Pesticide Programs listed in the index, some information is must be submitted for inclusion in the (OPP) Regulatory Public Docket (7502P), not publicly available, e.g., CBI or other public docket. Information so marked Environmental Protection Agency, 1200 information whose disclosure is will not be disclosed except in Pennsylvania Ave., NW., Washington, restricted by statute. Certain other accordance with procedures set forth in DC 20460-0001. material, such as copyrighted material, 40 CFR, part 2. • Delivery: OPP Regulatory Public is not placed on the Internet and will be 2. Tips for preparing your comments. Docket (7502P), Environmental publicly available only in hard copy When submitting comments, remember Protection Agency, Rm. S-4400, One form. Publicly available docket to: Potomac Yard (South Bldg.,) 2777 S. materials are available either in the Crystal Dr., Arlington, VA. Deliveries electronic docket at http:// i. Identify the document by docket ID are only accepted during the Docket’s www.regulations.gov, or, if only number and other identifying normal hours of operation 8:30 a.m. to available in hard copy, at the OPP information subject heading, Federal 4 p.m., Monday through Friday, Regulatory Public Docket in Rm. S-4400, Register date and page number. excluding legal holidays. Special One Potomac Yard (South Bldg.,) 2777 ii. Follow directions. The Agency may arrangements should be made for S. Crystal Dr., Arlington, VA. The hours ask you to respond to specific questions deliveries of boxed information. The of operation of this Docket Facility are or organize comments by referencing a

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Code of Federal Regulations (CFR) part meaningful involvement of all people, ENVIRONMENTAL PROTECTION or section number. regardless of race, color, national origin, AGENCY iii. Explain why you agree or disagree; or income, in the development, [EPA–HQ–OPP–2007–0400; FRL–8142–9] suggest alternatives and substitute implementation, and enforcement of language for your requested changes. environmental laws, regulations, and 4-Aminopyridine Risk Assessments; iv. Describe any assumptions and policies. To help address potential Notice of Availability; Extension of provide any technical information and/ environmental justice issues, the Comment Period or data that you used. Agency seeks information on any groups AGENCY: v. If you estimate potential costs or or segments of the population who, as Environmental Protection Agency (EPA). burdens, explain how you arrived at a result of their location, cultural your estimate in sufficient detail to practices, or other factors, may have ACTION: Notice; extension of comment allow for it to be reproduced. atypical, unusually high exposure to period. vi. Provide specific examples to illustrate your concerns and suggest acrolein, compared to the general SUMMARY: EPA issued a notice in the alternatives. population. Federal Register of May 30, 2007 (72 FR vii. Explain your views as clearly as 29995) (FRL–8132–2), concerning the availability of EPA’s ecological risk possible, avoiding the use of profanity All comments should be submitted assessments, and related documents for or personal threats. using the methods in ADDRESSES, and viii. Make sure to submit your the pesticide 4-aminopyridine. This must be received by EPA on or before document is extending the comment comments by the comment period the closing date. Comments will become deadline identified. period for 4-aminopyridine for 23 days. part of the Agency Docket for acrolein. The new comment period ends August II. Background Comments received after the close of the 22, 2007. comment period will be marked ‘‘late.’’ A. What Action is the Agency Taking? DATES: Comments must be received on EPA is not required to consider these or before August 22, 2007. EPA is releasing for public comment late comments. its ecological risk assessment and ADDRESSES: Follow the detailed related documents for acrolein, an B. What is the Agency’s Authority for instructions as provided under aquatic herbicide and biocide, and Taking this Action? ADDRESSES in the Federal Register of soliciting public comment on risk May 30, 2007. management ideas or proposals. The Section 4(g)(2) of FIFRA as amended FOR FURTHER INFORMATION CONTACT: human health risk assessment will be directs that, after submission of all data Katie Hall, SpecialReview and released later. Acrolein is primarily concerning a pesticide active ingredient, Reregistration Division (7508P), Office used in irrigation canals and reservoirs ‘‘the Administrator shall determine of Pesticide Programs, Environmental to treat aquatic weeds, such as whether pesticides containing such Protection Agency, 1200 Pennsylvania pondweed. Acrolein’s secondary use is active ingredient are eligible for Ave., NW., Washington, DC 20460– in oil fields, as a biocide to remove reregistration,’’ before calling in 0001; telephone number: (703) 308– bacteria during petroleum production. product-specific data on individual end- 0166; fax number: (703) 308–8090; e- EPA developed the ecological risk use products and either reregistering mail address: [email protected]. assessment and risk characterization for products or taking other ‘‘appropriate SUPPLEMENTARY INFORMATION: regulatory action.’’ acrolein through a modified version of I. General Information its public process for making pesticide Section 408(q) of the FFDCA, 21 reregistration eligibility and tolerance U.S.C. 346a(q), requires EPA to review A. Does this Action Apply to Me? reassessment decisions. Through these tolerances and exemptions for pesticide The Agency included in the notice a programs, EPA is ensuring that residues in effect as of August 2, 1996, list of those who may be potentially pesticides meet current standards under to determine whether the tolerance or affected by this action. If you have the Federal Insecticide, Fungicide, and exemption meets the requirements of questions regarding the applicability of Rodenticide Act (FIFRA) and the section 408(b)(2) or (c)(2) of FFDCA. this action to a particular entity, consult Federal Food, Drug, and Cosmetic Act This review was to be completed by the person listed under FOR FURTHER (FFDCA), as amended by the Food INFORMATION CONTACT. Quality Protection Act of 1996 (FQPA). August 3, 2006. Through this notice, EPA also is List of Subjects B. How Can I Access Electronic Copies providing an opportunity for interested of this Document? parties to provide risk management Environmental protection, Pesticides In addition to accessing an electronic proposals or otherwise comment on and pests. copy of this Federal Register document ecological risk management for acrolein. Dated: July 17, 2007. through the electronic docket at http:// Risks of concern associated with the use Peter Caulkins, www.regulations.gov, you may access of acrolein are: acute and chronic risk to this Federal Register document freshwater fish and estuarine/marine Acting Director, Special Review and electronically through the EPA Internet Reregistration Division, Office of Pesticide fish and invertebrates, acute and under the ‘‘Federal Register’’ listings at Programs. chronic risk to mammals, and acute risk http://www.epa.gov/fedrgstr. to birds and aquatic plants. In targeting [FR Doc. E7–14329 Filed 7–24–07; 8:45 am] these risks of concern, the Agency BILLING CODE 6560–50–S II. What Action is EPA taking? solicits information on effective and This document extends the public practical risk reduction measures for comment period established in the ecological risks of concern from the Federal Register of May 30, 2007. In irrigation canal use. that document, EPA announced the EPA seeks to achieve environmental availability of ecological risk justice, the fair treatment and assessments and opened a 60–day

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public comment period. EPA is hereby this request, any sale, distribution, or Electronic files should avoid the use of extending the comment period, which use of products listed in this notice will special characters, any form of was set to end on July 30, 2007. be permitted only if such sale, encryption, and be free of any defects or distribution, or use is consistent with III. What is the Agency’s Authority for viruses. the terms as described in the final order. Taking this Action? Docket: All documents in the docket DATES: Comments must be received on are listed in the docket index available Section 4(g)(2) of the Federal or before August 24, 2007. Insecticide, Fungicide, and Rodenticide in regulations.gov. To access the ADDRESSES: Submit your comments, Act (FIFRA), as amended, directs that, electronic docket, go to http:// identified by docket identification (ID) after submission of all data concerning www.regulations.gov, select ‘‘Advanced number EPA–HQ–OPP–2007–0470, by a pesticide active ingredient, the Search,’’ then ‘‘Docket Search.’’ Insert one of the following methods: Administrator shall determine whether the docket ID number where indicated • Federal eRulemaking Portal: http:// pesticides containing such active and select the ‘‘Submit’’ button. Follow www.regulations.gov. Follow the on-line ingredient are eligible for reregistration. the instructions on the regulations.gov instructions for submitting comments. web site to view the docket index or Further provisions are made to allow a • Mail: Office of Pesticide Programs public comment period. However, the (OPP) Regulatory Public Docket (7502P), access available documents. Although Administrator may extend the comment Environmental Protection Agency, 1200 listed in the index, some information is period, if additional time for comment Pennsylvania Ave., NW., Washington, not publicly available, e.g., CBI or other is requested. In this case, the Humane DC 20460-0001. information whose disclosure is Society of the United States and the • Delivery: OPP Regulatory Public restricted by statute. Certain other Animal Protection Institute have Docket (7502P), Environmental material, such as copyrighted material, requested additional time to develop Protection Agency, Rm. S–4400, One is not placed on the Internet and will be comments. The Agency believes that an Potomac Yard (South Bldg.), 2777 S. publicly available only in hard copy additional 23 days is warranted. Crystal Dr., Arlington, VA. Deliveries form. Publicly available docket List of Subjects are only accepted during the Docket’s materials are available either in the Environmental protection, Fumigants, normal hours of operation (8:30 a.m. to electronic docket at http:// Pesticides and pests. 4 p.m., Monday through Friday, www.regulations.gov, or, if only excluding legal holidays). Special available in hard copy, at the OPP Dated: July 18, 2007. arrangements should be made for Regulatory Public Docket in Rm. S– Peter Caulkins, deliveries of boxed information. The 4400, One Potomac Yard (South Bldg.), Acting Director, Special Review and Docket Facility telephone number is 2777 S. Crystal Dr., Arlington, VA. The Reregistration Division, Office of Pesticide (703) 305–5805. hours of operation of this Docket Programs. Instructions: Direct your comments to Facility are from 8:30 a.m. to 4 p.m., docket ID number EPA–HQ–OPP–2007– Monday through Friday, excluding legal [FR Doc. E7–14367 Filed 7–24–07; 8:45 am] 0470. EPA’s policy is that all comments BILLING CODE 6560–50–S holidays. The Docket Facility telephone received will be included in the docket number is (703) 305–5805. without change and may be made FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION available on-line at http:// Laura Parsons, Special Review and AGENCY www.regulations.gov, including any personal information provided, unless Reregistration Division (7508P), Office [EPA–HQ–OPP–2007–0470; FRL–8140–7] the comment includes information of Pesticide Programs, Environmental claimed to be Confidential Business Protection Agency, 1200 Pennsylvania Benzyl Benzoate; Notice of Receipt of Information (CBI) or other information Ave., NW., Washington, DC 20460-0001; Request to Voluntarily Cancel Certain whose disclosure is restricted by statute. telephone number: (703) 305–5776; fax Pesticide Registrations Do not submit information that you number: (703) 308–7070; e-mail address: AGENCY: Environmental Protection consider to be CBI or otherwise [email protected]. Agency (EPA). protected through regulations.gov or e- SUPPLEMENTARY INFORMATION: ACTION: Notice. mail. The Federal regulations.gov Web site is an ‘‘anonymous access’’ system, I. General Information SUMMARY: In accordance with section which means EPA will not know your 6(f)(1) of the Federal Insecticide, identity or contact information unless A. Does this Action Apply to Me? Fungicide, and Rodenticide Act you provide it in the body of your (FIFRA), as amended, EPA is issuing a comment. If you send an e-mail This action is directed to the public notice of receipt of a request by the comment directly to EPA without going in general, and may be of interest to a registrant to voluntarily cancel their through regulations.gov, your e-mail wide range of stakeholders including registrations to terminate uses of certain address will be automatically captured environmental, human health, and products containing the pesticide and included as part of the comment agricultural advocates; the chemical benzyl benzoate. The request would not that is placed in the docket and made industry; pesticide users; and members terminate the last benzyl benzoate available on the Internet. If you submit of the public interested in the sale, products registered for use in the U.S. an electronic comment, EPA distribution, or use of pesticides. Since EPA intends to grant this request at the recommends that you include your others also may be interested, the close of the comment period for this name and other contact information in Agency has not attempted to describe all announcement unless the Agency the body of your comment and with any the specific entities that may be affected receives substantive comments within disk or CD-ROM you submit. If EPA by this action. If you have any questions the comment period that would merit its cannot read your comment due to regarding the applicability of this action further review of the request, or unless technical difficulties and cannot contact to a particular entity, consult the person the registrant withdraws their request you for clarification, EPA may not be listed under FOR FURTHER INFORMATION within this period. Upon acceptance of able to consider your comment. CONTACT.

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B. What Should I Consider as I Prepare Johnson and Son, Inc. requested EPA to TABLE 1.—BENZYL BENZOATE PROD- My Comments for EPA? cancel affected product registrations UCT REGISTRATIONS WITH PENDING 1. Submitting CBI. Do not submit this identified in this notice (Table 1). REQUESTS FOR CANCELLATION information to EPA through Specifically, on January 13, 2000, S.C. regulations.gov or e-mail. Clearly mark Johnson and Son, Inc. issued an Registration Product Company the part or all of the information that immediate voluntary recall of Allercare No. name you claim to be CBI. For CBI Dust Mite Powder (Raid Product 319) 4822-433 Raid S.C. Johnson information in a disk or CD ROM that and Allercare dust Mite Allergen Spray Product and Son, you mail to EPA, mark the outside of the for Carpet and Upholstery (Raid Product 319 Inc. disk or CD ROM as CBI and then 420). The recall was prompted by identify electronically within the disk or numerous reports of adverse health 4822-480 Raid S.C. Johnson CD ROM the specific information that is reactions in human and pets exposed to Product and Son, 420 Inc. claimed as CBI. In addition to one the products. S.C. Johnson and Son, Inc. complete version of the comment that has requested the cancellation of the Table 2 of this unit includes the name includes information claimed as CBI, a registrations of two products, Raid and address of record for the registrant copy of the comment that does not Product 319 and Raid Product 420. The of the products listed in Table 1 of this contain the information claimed as CBI products have not been marketed since unit. must be submitted for inclusion in the the 2000 recall. The cancellation will public docket. Information so marked include no existing stocks provisions. TABLE 2.—REGISTRANTS REQUESTING will not be disclosed except in accordance with procedures set forth in III. What Action is the Agency Taking? VOLUNTARY CANCELLATION 40 CFR part 2. This notice announces receipt by EPA EPA Company Company name and ad- 2. Tips for preparing your comments. No. dress When submitting comments, remember of a request from a registrant to cancel to: benzyl benzoate product registrations. 4822 S.C. Johnson and Son, i. Identify the document by docket ID The affected products and the registrant Inc.1525 Howe number and other identifying making the request are identified in StreetRacine, WI information (subject heading, Federal Tables 1 and 2 of this unit. 53403-2236 Register date and page number). Under section 6(f)(1)(A) of FIFRA, ii. Follow directions. The Agency may registrants may request, at any time, that IV. What is the Agency’s Authority for Taking this Action? ask you to respond to specific questions their pesticide registrations be canceled or organize comments by referencing a or amended to terminate one or more Section 6(f)(1) of FIFRA provides that Code of Federal Regulations (CFR) part pesticide uses. Section 6(f)(1)(B) of a registrant of a pesticide product may or section number. FIFRA requires that before acting on a at any time request that any of its iii. Explain why you agree or disagree; request for voluntary cancellation, EPA pesticide registrations be canceled or suggest alternatives and substitute must provide a 30–day public comment amended to terminate one or more uses. language for your requested changes. period on the request for voluntary FIFRA further provides that, before iv. Describe any assumptions and cancellation or use termination. In acting on the request, EPA must publish provide any technical information and/ a notice of receipt of any such request addition, section 6(f)(1)(C) of FIFRA or data that you used. in the Federal Register. Thereafter, requires that EPA provide a 180–day v. If you estimate potential costs or following the public comment period, burdens, explain how you arrived at comment period on a request for the Administrator may approve such a your estimate in sufficient detail to voluntary cancellation or termination of request. allow for it to be reproduced. any minor agricultural use before vi. Provide specific examples to granting the request, unless: V. Procedures for Withdrawal of Request and Considerations for illustrate your concerns and suggest 1. The registrants request a waiver of Reregistration of Benzyl Benzoate alternatives. the comment period, or vii. Explain your views as clearly as Registrants who choose to withdraw a 2. The Administrator determines that possible, avoiding the use of profanity request for cancellation must submit or personal threats. continued use of the pesticide would such withdrawal in writing to the viii. Make sure to submit your pose an unreasonable adverse effect on person listed under FOR FURTHER comments by the comment period the environment. INFORMATION CONTACT, postmarked deadline identified. The benzyl benzoate registrant has before August 24, 2007. This written requested that EPA waive the 180–day withdrawal of the request for II. Background on the Receipt of comment period. EPA will provide a cancellation will apply only to the Request to Cancel and/or Amend applicable FIFRA section 6(f)(1) request Registrations to Delete Uses 30–day comment period on the proposed requests. listed in this notice. If the products(s) This notice announces receipt by EPA have been subject to a previous Unless a request is withdrawn by the of a request from registrant S.C. Johnson cancellation action, the effective date of registrant within 30 days of publication and Son, Inc. to cancel and to terminate cancellation and all other provisions of of this notice, or if the Agency uses of two benzyl benzoate product any earlier cancellation action are registrations. Benzyl benzoate, a determines that there are substantive controlling. member of the benzyl derivative family, comments that warrant further review of is an insecticide/miticide used to this request, an order will be issued VI. Provisions for Disposition of control dust mites in carpets, canceling the affected registrations. Existing Stocks mattresses, upholstery, and on furniture, Existing stocks are those stocks of as well as for control of mites on dogs. registered pesticide products which are In a letter dated June 6, 2007, S.C. currently in the United States and

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which were packaged, labeled, and FOR FURTHER INFORMATION CONTACT: For Public Law 102–237, amended FIFRA to released for shipment prior to the further information on the maintenance allow the Administrator to reduce or effective date of the cancellation action. fee program in general, contact by waive maintenance fees for minor If the request for voluntary mail:John Jamula, Office of Pesticide agricultural use pesticides when he cancellation is granted as discussed Programs (7504P), Environmental determines that the fee would be likely above, the Agency intends to issue a Protection Agency, 1200 Pennsylvania to cause significant impact on the cancellation order that will allow Avenue NW, Washington, DC 20460; availability of the pesticide for the use. persons other than the registrant to telephone number: (703) 305–6426; e- The Agency has waived the fee for 182 continue to sell and/or use existing mail address: [email protected]. minor agricultural use registrations at stocks of cancelled products until such SUPPLEMENTARY INFORMATION: the request of the registrants. stocks are exhausted, provided that such In fiscal year 2007, maintenance fees use is consistent with the terms of the I. Important Information were collected in one billing cycle. The previously approved labeling on, or that A. Does this apply to me? Pesticide Registration Improvement Act accompanied, the cancelled product. (PRIA) was passed by Congress in You may be potentially affected by The order will specifically prohibit any January 2004. PRIA became effective in this notice if you are an EPA registrant use of existing stocks that is not March 2004 and authorized the Agency with any approved product consistent with such previously to collect $21 million in maintenance registration(s). Although this action may approved labeling. If, as the Agency fees in fiscal year 2007. In late be of particular interest to persons who currently intends, the final cancellation December 2006, all holders of either produce or use pesticides, the Agency order contains the existing stocks section 3 registrations or section 24(c) has not attempted to describe all the provision just described, the order will registrations were sent lists of their specific entities that may be affected by be sent only to the affected registrants active registrations, along with forms this action. If you have any questions of the cancelled products. If the Agency and instructions for responding. They regarding the information in this notice, determines that the final cancellation were asked to identify which of their consult the person listed in the FOR order should contain existing stocks registrations they wished to maintain in FURTHER INFORMATION CONTACT section. provisions different than the ones just effect, and to calculate and remit the described, the Agency will publish the B. How can I get additional information appropriate maintenance fees. Most cancellation order in the Federal or copies of support documents? responses were received by the statutory Register. deadline of January 15. A notice of 1. Docket. EPA has established a intent to cancel was sent in mid- docket for this action under docket List of Subjects February to companies who did not identification [ID] number EPA–HQ– respond and to companies who Environmental protection, Pesticides OPP–2007–0508. Publicly available responded, but paid for less than all of and pests. docket materials are available either in their registrations. Since mailing the the electronic docket at http:// Dated: July 17, 2007. notices, EPA has maintained a toll-free regulations.gov or in hard copy at the inquiry number through which the Peter Caulkins, Office of Pesticide Programs (OPP) questions of affected registrants have Acting Director, Special Review and Regulatory Public Docket in Rm. S– been answered. Reregistration Division, Office of Pesticide 4400, One Potomac Yard (South Maintenance fees have been paid for Programs. Building), 2777 S. Crystal Drive, about 15,730 section 3 registrations, or [FR Doc. E7–14290 Filed 7–24–07; 8:45 am] Arlington, VA. The hours of operation about 96% of the registrations on file in BILLING CODE 6560–50–S of this Docket Facility are from 8:30 a.m December. Fees have been paid for to 4:00 p.m. Monday through Friday, about 2,193 section 24(c) registrations, excluding legal holidays. The Docket or about 86 percent of the total on file ENVIRONMENTAL PROTECTION telephone number is (703) 305–5805. in December. Cancellations for non- AGENCY 2. Electronic access. You may access payment of the maintenance fee affect this Federal Register document about 466 Section 3 registrations and [EPA–HQ–OPP–2007–0508: FRL–8140–5] electronically through the EPA Internet about 255 Section 24(c) registrations. Cancellation of Pesticides for Non- under the ‘‘Federal Register’’ listings at The cancellation orders generally payment of Year 2007 Registration http://www.epa.gov/fedrgstr. permit registrants to continue to sell and Maintenance Fees distribute existing stocks of the canceled II. Introduction products until January 15, 2008, one AGENCY: Environmental Protection Section4(i)(5) of FIFRA as amended in year after the date on which the fee was Agency (EPA). October 1988 (Public Law 100–532), due. Existing stocks already in the ACTION: Notice. December 1991 (Public Law 102–237), hands of dealers or users, however, can and again in August 1996 (Public Law generally be distributed, sold or used SUMMARY: Since the amendments of 104–170), requires that all pesticide legally until they are exhausted. October, 1988, the Federal Insecticide, registrants pay an annual registration Existing stocks are defined as those Fungicide, and Rodenticide Act (FIFRA) maintenance fee, due by January 15 of stocks of a registered pesticide product has required payment of an annual each year, to keep their registrations in which are currently in the U.S. and maintenance fee to keep pesticide effect. This requirement applies to all which have been packaged, labeled and registrations in effect. The fee, due registrations granted under section 3 as released for shipment prior to the January 15, 2007, has gone unpaid for well as those granted under section effective date of the action. 721 registrations. Section 4(i)(5)(G) of 24(c) to meet special local needs. The exceptions to these general rules FIFRA provides that the Administrator Registrations for which the fee is not are cases where more stringent may cancel these registrations by order paid are subject to cancellation by order restrictions on sale, distribution, or use and without a hearing; orders to cancel and without a hearing. of the products have already been all 721 of these registrations have been The Food, Agriculture, Conservation, imposed, through Special Reviews or issued within the past few days. and Trade Act Amendments of 1991, other Agency actions. These general

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provisions for disposition of stocks TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- should serve in most cases to cushion TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- the impact of these cancellations while MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- the market adjusts. tinued tinued III. Listing of Registrations Canceled for Non-payment SLN no. Product Name SLN no. Product Name Table 1 lists all of the Section 24(c) 000100 Tilt Fungicide 000100 Cyclone Concentrate/gramoxone registrations, and Table 2 Lists all of the AR– CA– Max Section 3 registrations which were 03– 04– canceled for non-payment of the 2007 0008 0005 maintenance fee. These registrations have been canceled by order and 000100 Quilt Fungicide 000100 Cyclone Concentrate/gramoxone without hearing. Cancellation orders AR– CA– Max were sent to affected registrants via 05– 04– certified mail in the past several days. 0001 0006 The Agency is unlikely to rescind 000279 Command 3ME 000100 Gramoxone Max cancellation of any particular AR– CA– registration unless the cancellation 05– 05– resulted from Agency error. 0004 0006

TABLE 1.—SECTION 24(C) REGISTRA- 000279 Command 3ME 066222 Thionex 3EC Insecticide TIONS CANCELED FOR NON-PAY- AR– CA– 06– 06– MENT OF MAINTENANCE FEE 0001 0015

SLN no. Product Name 010163 Imidan 70-WP Agricultural Insecti- 034704 De-Fend W-25 Insecticide AR– cide CA– 000100 Cyclone Concentrate/gramoxone 93– 91– AL– Max 0007 0006 00– 0004 071649 Bayluscide 70% Wettable Powder 001812 Kocide 101 051036 Pounce 3.2 EC Insecticide AR– CA– AL– 99– 93– 03– 0007 0004 0001 073748 Masterline Permethrin Plus C 010163 Botran 75 W 000100 Tilt Fungicide AZ– CA– AL– 06– 93– 03– 0008 0023 0004 010163 Lorsban 50W Insecticide In Water 010163 Botran 75 W-Fungicide 000100 Quilt Fungicide AZ– Soluble Packets CA– AL– 97– 95– 04– 0002 0011 0002 073318 Pro-Gibb 4% Liquid Concentrate 000100 Fusilade Dx Herbicide 000100 Zephyr 0.15 EC CA– CA– AL– 00– 97– 06– 0004 0023 0005 053219 M-Pede Insecticide/Fungicide 000100 Actara 010163 Imidan 70-WP Agricultural Insecti- CA– CO– AL– cide 01– 02– 95– 0025 0005 0001 000524 Mon 78112 Herbicide 000524 Roundup Originalmax 000352 Linex 50 DF CA– CO– AR– 02– 04– 00– 0011 0002 0008 036029 Ground Squirrel Bait By Wilco 000100 Gramoxone Max Herbicide 019713 Drexel Captan 50W CA– CO– AR– 03– 04– 02– 0006 0003 0010 079407 Towerchlor 90 Tablets 007969 Headline Fungicide 051036 Pounce 3.2 EC Insecticide CA– CO– AR– 03– 05– 02– 0008 0003 0011

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TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- tinued tinued tinued

SLN no. Product Name SLN no. Product Name SLN no. Product Name

000100 Axial Herbicide 000100 Tilt Fungicide 019713 Drexel Sulfur 90W CO– FL– HI–00– 06– 88– 0004 0006 0016 000100 Cyclone Concentrate/gramoxone 000100 Mefenoxam EC 000100 Citation Insecticide HI–02– Max CO– FL– 0007 98– 92– 0011 0006 000100 Gramoxone Max HI–02– 000100 Cyclone Concentrate/gramoxone 067858 Bayluscide 70% Wettable Powder 0008 DE– Max FL– 03– 94– 075743 Bayleton 50% Wettable Powder 0001 0001 HI–03– 0004 000100 Cyclone Concentrate/gramoxone 063935 Pursuit DG Herbicide DE– Max FL– 061667 Ag Sanitizer 12.5% 03– 96– HI–03– 0002 0005 0006

010163 Sandea Herbicide 000100 Cyclone Concentrate/gramoxone 034704 Clean Crop Dimethoate 400 DE– GA– Max HI–93– 04– 01– 0004 0001 0003 000100 Protege 000100 Cyclone Concentrate/gramoxone 000100 Cyclone Concentrate/gramoxone IA–03– FL– Max GA– Max 0002 01– 01– 0001 0004 010163 Prokil Dimethoate E267 ID–01– 000100 Cyclone Concentrate/gramoxone 000100 Quilt Fungicide 0002 FL– Max GA– 01– 04– 000100 Actara 0002 0003 ID–02– 0004 000100 Cyclone Concentrate/gramoxone 000100 Gramoxone Max FL– Max GA– 000100 Cyclone Concentrate/gramoxone 01– 05– ID–02– Max 0004 0001 0009

000100 Cyclone Concentrate/gramoxone 000100 Gramoxone Max 000279 Aim Herbicide FL– Max GA– ID–03– 01– 05– 0007 0005 0002 080225 Eptam 7E 000279 Carfentrazone Row Herbicide 000100 Gramoxone Inteon ID–05– FL– GA– 0005 03– 06– 0009 0001 007969 Outlook Herbicide ID–05– 000100 Gramoxone Max Herbicide 000100 Zephyr 0.15ec 0006 FL– GA– 04– 06– 000100 Quilt Fungicide 0009 0003 ID–05– 0007 000100 Switch 62.5wg 010163 Imidan 70-Wp Agricultural Insecti- GA– cide FL– 080225 Eptam 7E 94– 05– ID–05– 0009 0001 0011 000100 Tilt Fungicide 034704 Clean Crop Phorate 20G GA– ID–91– 98– 0014 0003

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TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- tinued tinued tinued

SLN no. Product Name SLN no. Product Name SLN no. Product Name

010163 Gowan Dimethoate E267 000352 Velpar L Herbicide 000100 Dual Magnum Herbicide ID–92– LA– MI–04– 0008 01– 0007 0016 000100 Tilt Fungicide 010163 Imidan 70-WP Agricultural Insecti- ID–95– 000279 Command 3ME Microencap- MI–93– cide 0012 LA– sulated Herbicide 0006 04– 000100 Tilt Fungicide 0001 000100 Tilt Fungicide ID–98– MI–95– 0004 010163 Imidan 70-W 0007 LA– 010163 Imidan 70-WP Agricultural Insecti- 05– 000100 Tilt Fungicide IN–97– cide 0010 MI–98– 0003 0001 000100 Envoke Herbicide 000100 Tilt Fungicide LA– 000100 Actara IN–98– 06– MN– 0003 0012 01– 0012 000100 Tilt Fungicide KS– 034704 Clean Crop Phorate 20G 000100 Protege 03– LA– MN– 0001 92– 0014 03– 007969 Facet 75 Df Herbicide 0013 KS– 010163 Sandea Herbicide 000100 Cyclone Concentrate/gramoxone 99– MD– MN– Max 0007 05– 0001 03– 000100 Cyclone Concentrate/gramoxone 0015 KY– Max 008329 Biomist 30+30 ULV 02– MD– 034704 Clean Crop Malathion 57EC 0004 06– MN– 0002 92– 000100 Tilt 0001 KY– 000100 Gramoxone Extra Herbicide 05– MD– 000100 Tilt Fungicide 0002 95– MN– 0001 98– 000352 Volcano Leafcutter Ant Bait 0003 LA– 010163 Imidan 70-WP Agricultural Insecti- 00– ME– cide 000100 Quilt Fungicide 0016 00– MO– 0002 04– 000279 Command 3ME Microencap- 0006 LA– sulated Herbicide 000100 Cyclone Concentrate/gramoxone 01– ME– Max 000279 Command 3ME Microencap- 0002 03– MO– sulated Herbicide 0002 05– 000100 Cyclone Concentrate/gramoxone 0001 LA– Max 000100 Cyclone Concentrate/gramoxone 01– ME– Max 000279 Command 3ME 0005 03– MO– 0003 06– 000100 Cyclone Concentrate/gramoxone 0001 LA– Max 000100 Dual Magnum Herbicide 01– MI–01– 000100 Envoke Herbicide 0006 0001 MO– 06– 002217 Acme Hi-Dep Herbicide 000100 Dual Magnum Herbicide 0002 LA– MI–03– 01– 000100 Gramoxone Extra Herbicide 0005 0009 MO– 95– 0003

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TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- tinued tinued tinued

SLN no. Product Name SLN no. Product Name SLN no. Product Name

059639 Stellar Herbicide 000100 Tilt (r) 000100 Tilt Fungicide MO– MT– ND– 96– 03– 03– 0009 0004 0018

000100 Tilt Fungicide 012455 ZP Rodent Bait AG 000524 RT Master II Herbicide MO– MT– ND– 98– 05– 04– 0003 0005 0006

000100 Zephyr 0.15 EC Miticide/insecti- 000100 Quadris Flowable Fungicide 000100 Quadris Flowable Fungicide MP– cide MT– ND– 05– 06– 06– 0019 0006 0005

000100 Cyclone Concentrate/gramoxone 034704 Clean Crop Phorate 20G 000100 Actigard 50wg Plant Activator MS– Max MT– NJ– 01– 91– 02– 0029 0004 0002

070829 Clearout 41 Plus 010163 Gowan Dimethoate E267 000100 Cyclone Concentrate/gramoxone MS– MT– NJ– Max 02– 93– 03– 0005 0001 0001

070829 Clearout 41 010163 Botran 75 W 010163 Imidan 70-WP Agricultural Insecti- MS– MT– NJ– cide 04– 94– 04– 0002 0003 0004

000100 Quilt Fungicide 000100 Cyclone Concentrate/gramoxone 008329 Abate 4E Insecticide MS– NC– Max NJ– 04– 00– 99– 0011 0003 0007

000100 Zephyr 0.15 EC 000100 Cyclone Concentrate/gramoxone 059639 Payload 15 Granular MS– NC– Max NM– 05– 01– 93– 0019 0002 0001

000100 Gramoxone Inteon 000100 Actara 059639 Payload 15 Granular MS– ND– NM– 06– 01– 93– 0001 0007 0002

000100 Envoke Herbicide 000100 Touchdown Herbicide 004581 Microthiol Disperss MS– ND– NV– 06– 01– 02– 0016 0011 0007

010163 Imidan 70-WP Agricultural Insecti- 000100 Cyclone Concentrate Herbicide 055429 CSC 80% Thiosperse/thioben MS– cide ND– NV– 96– 02– 04– 0003 0008 0005

000100 Tilt Fungicide 074530 Glyphosate 41 % 036029 Ground Squirrel Bait By Wilco AG MS– ND– NV– 98– 03– 04– 0004 0014 0007 051036 Permethrin 3.2 TC 074530 Glyphosate 036029 Wilco Ground Squirrel Bait MS– ND– NV– 99– 03– 93– 0002 0015 0003

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TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- tinued tinued tinued

SLN no. Product Name SLN no. Product Name SLN no. Product Name

000100 Reward Accugel Aquatic Herbicide 059639 Payload 15 Granular 019713 Drexel Captan 50W NY– OK– OR– 04– 95– 95– 0005 0001 0016

000100 Tilt Fungicide 059639 Payload 15 Granular 000100 Tilt Gel Fungicide OH– OK– OR– 04– 95– 96– 0002 0002 0013

000100 Cyclone Concentrate/gramoxone 034704 Prometryne 4L Herbicide 000241 Assert Herbicide OH– Max OR– OR– 04– 00– 96– 0003 0005 0026

000100 Ridomil Gold EC Fungicide 034704 Saber Herbicide 034704 Clean Crop Dimethoate 400 OH– OR– OR– 04– 00– 98– 0004 0017 0001

012455 ZP Rodent Bait AG 000100 Actara 25 Wg 010163 Diclor Fungicide OH– OR– OR– 85– 01– 99– 0001 0019 0055

069691 Mushroom Supplement Preserva- 055260 Syllit Flow Fungicide 010163 Botran 75 W-Fungicide OH– tive OR– OR– 96– 04– 99– 0002 0025 0056

000100 Tilt Fungicide 019713 Drexel Diazinon Insecticide 051036 Diazinon AG 500 OK– OR– PA– 02– 04– 03– 0001 0026 0001

000100 Quilt Fungicide 000100 Tilt 000100 Cyclone Concentrate/gramoxone OK– OR– PA– Max 04– 05– 03– 0001 0011 0002

010163 Supracide 2E 000100 Tilt 012455 Ditrac Rat and Mouse Bait OK– OR– PA– 05– 05– 82– 0002 0012 0016

005481 Discipline 2ec 080225 Eptam 7-E Selective Herbicide 000400 Turfcide 4F OK– OR– PA– 05– 05– 98– 0005 0026 0001

034704 Simazine 4L Flowable Herbicide 004271 Zinc Phosphide on Oats 075451 Avitrol Powder Mix OK– OR– PR– 05– 05– 02– 0017 0033 0001

000100 Aatrex 4l Herbicide 019713 Drexel Diuron 4l Herbicide 069592 Serenade AS OK– OR– PR– 93– 90– 04– 0004 0023 0001

000100 Aatrex Nine-0 Herbicide 010163 Imidan 70-WP Agricultural Insecti- 069592 Serenade AS OK– OR– cide PR– 93– 94– 04– 0005 0043 0003

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TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- tinued tinued tinued

SLN no. Product Name SLN no. Product Name SLN no. Product Name

000100 Cyclone Concentrate/gramoxone 000100 Zephyr 0.15ec 010163 Prokil Carbaryl Bait SC– Max TN– UT– 01– 06– 01– 0001 0001 0005

051036 Pounce 3.2 EC Insecticide 000100 Envoke Herbicide 000100 Actigard 50wg Plant Activator SC– TN– VA– 03– 06– 02– 0003 0003 0003

000100 Envoke Herbicide 051036 Diazinon AG 500 000100 Actigard 50wg Plant Activator SC– TX– VA– 06– 01– 03– 0002 0014 0001

010163 Imidan 70-WP Agricultural Insecti- 000100 Cyclone Concentrate/gramoxone 010163 Sandea Herbicide SC– cide TX– Max VA– 95– 03– 05– 0004 0004 0002

000524 RT Master II Herbicide 000100 Gramoxone Max Herbicide 012455 Ditrac Rat and Mouse Bait SD– TX– VA– 04– 03– 82– 0009 0009 0015

059639 Orthene 97 Pellets 000100 Cyclone Concentrate Herbicide 000100 Tilt Fungicide TN– TX– VA– 00– 04– 98– 0001 0006 0003

000100 Tilt Fungicide 000100 Quilt Fungicide 000100 Actara 25 Wg TN– TX– WA– 03– 04– 01– 0002 0022 0030

000100 Cyclone Concentrate/gramoxone 000279 Command 3ME Herbicide 010163 Imidan 70-WP Agricultural Insecti- TN– Max TX– WA– cide 04– 05– 01– 0001 0002 0032

000100 Cyclone Concentrate/gramoxone 000279 Command 3ME Herbicide 051036 Diazinon AG 500 TN– Max TX– WA– 04– 06– 03– 0002 0001 0011

000100 Cyclone Concentrate/gramoxone 000100 Envoke Herbicide 000100 Cyclone Concentrate Herbicide TN– Max TX– WA– 04– 06– 04– 0003 0019 0012

000100 Quilt Fungicide 059639 Orthene 90 Wsp 000100 Cyclone Concentrate Herbicide TN– TX– WA– 04– 96– 04– 0004 0003 0013

000100 Zephyr 0.15ec 000352 Dupont Staple Herbicide 004581 Microthiol Disperss TN– TX– WA– 05– 97– 04– 0004 0007 0016

000100 Tilt Fungicide 000100 Quilt Fungicide TX– WA– 98– 04– 0001 0026

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TABLE 1.—SECTION 24(C) REGISTRA- TABLE 1.—SECTION 24(C) REGISTRA- TABLE 2.—SECTION 3 REGISTRATIONS TIONS CANCELED FOR NON-PAY- TIONS CANCELED FOR NON-PAY- CANCELED FOR NON-PAYMENT OF MENT OF MAINTENANCE FEE—Con- MENT OF MAINTENANCE FEE—Con- MAINTENANCE FEE—Continued tinued tinued Registration no. Product Name SLN no. Product Name SLN no. Product Name 000211–00057 Q 7.0-9.0 Npb-4.0 034704 Clean Crop Phorate 20g 059639 Orthene 75 S Soluble Powder WA– WI– 000228–00133 Riverdale Killsall Liquid 87– 02– 0010 0016 000228–00158 Riverdale Pre-Emergent Crabgrass Control Con- 066158 Di-Syston 15% Granular Systemic 059639 Orthene 75 WSP (insecticide In A centrate WA– Insecticide WI– Water Soluble Bag) 92– 02– 000228–00159 Riverdale Pre-Emergent 0027 0017 Weed Killer Plus Fer- tilizer 045728 Ziram Granflo 000524 Roundup Weathermax Herbicide WA– WI– 000228–00172 Riverdale 34-0-10 & 92– 04– Benefin Crabgrass Pre- 0033 0001 venter

010163 Botran 75 W 034704 Clean Crop Malathion 57EC 000228–00174 Riverdale 2.5G Pre-Emer- WA– WI– gent Herbicide 94– 88– 0017 0010 000228–00201 Riverdale Killsall II Ready- To-Use Liquid 010163 Imidan 70-WP Agricultural Insecti- 034704 Clean Crop Phorate 20G WA– cide WI– 000228–00204 Riverdale Triamine II Liq- 95– 91– uid Weed & Feed 0015 0004 000228–00207 Riverdale Team .87 Lawn 000100 Tilt Fungicide 000100 Dual Magnum Herbicide Weed and Feed WA– WI– 95– 99– 000228–00215 Riverdale Triamine II Pre- 0033 0007 mium Liquid Weed and Feed 019713 Drexel Captan 50W 000100 Dual Magnum Herbicide WA– WI– 000228–00218 Riverdale Triamine II Pre- 95– 99– mium 75 Liquid Weed 0034 0008 and Feed

066158 Orthene 75 S Soluble Powder 000100 Dual Magnum Herbicide 000228–00219 Riverdale Sweet Sixteen WA– WI– Weed & Feed with Tri- 95– 99– amine II 0035 0009 000228–00224 Riverdale Triamine II Spot 000241 Assert Herbicide 000100 Tilt Fungicide Weed Killer WA– WI– 96– 99– 000228–00225 Riverdale Triamine II 0021 0015 Weed & Feed 034704 Clean Crop Amine 4 2,4-D Weed 000228–00226 Riverdale 3-Way Weed WA– Killer TABLE 2.—SECTION 3 REGISTRATIONS and Feed with Triamine 98– II CANCELED FOR NON-PAYMENT OF 0013 MAINTENANCE FEE 000228–00228 Riverdale Triamine II W.s. 000100 Tilt Fungicide WA– Registration no. Product Name 000228–00229 Riverdale Triamine II 98– Granular Weed Killer 0018 000072–00289 Miller Simazine 4% Gran- ules Herbicide 000228–00256 Riverdale Team 1.33% 059639 Orthene 97 Pellets Lawn Weed and Feed WI– 000100–01012 Force 1.5G Insecticide 00– 000228–00266 Riverdale Duo Lawn 0003 000100–01036 Arrosolo 3-3E Weed Killer

000100 Tough 5 EC 000100–01136 Butafenacil Technical 000228–00279 Riverdale Dri-MCPA WI– Amine 01– 000100–01137 Inspire EC 0005 000228–00285 Riverdale Tri-Power (r) 000100–01194 Reward Accugel Aquatic Dry Herbicide

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TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued

Registration no. Product Name Registration no. Product Name Registration no. Product Name

000228–00299 Riverdale Tri-Power (r) 000400–00412 Terraclor 6.5% with 001021–01249 Esbiol Intermediate 1971 4000 Weed and Feed Thimet 6.5% Granular 001021–01299 Pyrocide Intermediate 000228–00300 Riverside Sweet Sixteen 000400–00490 Gustafson Flowable Lin- 7198 Weed and Feed with dane 40% Tri-Power 001021–01340 MGK Formula 7243 000400–00532 Sorghum Guard 000228–00301 Riverdale Tri-Power (r) 001021–01394 D-Trans Fogger & Contact Dry Weed and Feed 000400–00538 Gustafson Lindane 30c Spray-2147 Flowable 000228–00306 Riverdale Tri-Power (r) 001021–01417 D-Trans Industrial and 000400–00539 Gustafson Captan Lin- Dry Granular Weed Kill- Household Space and dane 12.5-25 er Contact Spray 000400–00540 Gustafson Vitavax-Thiram- 000228–00349 MCDA Lawn Weed Killer 001021–01453 Esbiol Fogging Con- Lindane Flowable Fun- centrate 2263 gicide 000228–00350 MCDA 8000 Lawn Weed Killer 001021–01478 Esbiol Fogging Con- 000478–00044 Real-Kill Spot Weed Killer centrate 2289 000228–00351 MCDA Spot Weed Killer 000498–00137 Spraypak Flying and 001021–01549 Evercide Intermediate Crawling Insect Killer 000228–00352 Riverdale MCDA Weed 2450 and Feed 000498–00152 Spray Pak Quik Kil Insec- 001021–01572 Pyrocide Concentrate ticide 000228–00353 Riverdale MCDA Granular 7394 Weed Killer 000524–00382 Ranger Herbicide 001021–01584 Multicide Concentrate 2544 000241–00370 Pendulum Plus Fertilizer 000524–00422 Freedom Herbicide

000264–00631 NA 305 000524–00471 Mon-8421 Herbicide 001021–01673 Evercide Total Release Fogger 2613 000264–00633 CQ 1451 Sugar Beet Her- 000524–00488 Mon 8411 Herbicide 001021–01694 Multicide Concentrate bicide 000773–00063 Ectiban D Insecticide 2739 000264–00637 Thiodan Technical 001021–01839 Permethrin 1.0% Pour on (endosulfan) 000773–00065 Ectiban EC Insecticide 001021–01840 Permethrin 0.5% RTU 000264–00638 Phaser 3EC Insecticide 000773–00078 Atroban Extra Insecticide Ear Tags Spray 000264–00649 Tiller EC Herbicide 000862–00022 Sunspray 11C 001021–01842 Permethrin 0.25% RTU 000264–00654 Cheyenne FM Herbicide 000935–00073 Crystal Pure 90M Sani- 001021–01845 Permethrin 2.5% Con- tizer, One Inch Tablets centrate 000264–00655 Dakota Herbicide 000935–00074 Crystal Pure 60M Sani- 001021–01846 Permethrin 1% Pour on 000264–00656 Phaser 50 WP Insecticide tizer Granules Synergized

000264–00658 Phaser 3EC Insecticide - 000935–00076 Crystal Pure 90M Sani- 001677–00042 Q-372 Quartenary Ammo- for Use In California tizer, Three Inch Tablets nium Conc.

000264–00659 Phaser 50WP- for Use In 001021–00023 Pyrocide 20 001677–00095 Mandate II California 001021–00034 Pyrocide Booster Con- 001677–00123 Tex-Fluff with Bac-Stat 000264–00815 Progress B Herbicide centrate E 400

000264–00816 Betamix B Herbicide 001021–00754 Pyrocide Intermediate 001677–00125 Tex Stat 6441 000264–00817 Betanex B Herbicide 001677–00145 BK Powder 001021–00755 Pyrocide Intermediate 000264–00835 Progress B 0.75x Herbi- 6440 001677–00163 Eco2000-XP cide 001021–01127 D-Trans Intermediate 001677–00166 Eco2000-RX 000264–00836 Betamix B 0.75x Herbicide 1862 001677–00177 FUL-BAC 001021–01198 Pyrocide Fogging Con- centrate 7104

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TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued

Registration no. Product Name Registration no. Product Name Registration no. Product Name

001677–00192 Eco2000-FB 002217–00738 Mm 909 Liquid Weed and 003095–00031 Pic Wasp and Hornet Kill- Feed er II 001677–00197 Sanimaster III 002217–00743 Trimec M891 Weed & 003095–00036 Pic Inside-Outside Bug 001757–00314 Generox 270 Feed Killer

001769–00164 Kilzone 002217–00744 Trimec M 892 Weed & 003573–00050 Spic and Span Pine Feed 001769–00259 Grenadier 003862–00164 BR-62B 002217–00745 MM 893 Weed & Feed 001812–00292 Kocide Copper Hydroxide 004313–00092 Acid Toilet Bowl Cleaner Anti Fouling Pigment 002217–00750 Gordon’s Trimec M 936 Broadleaf Herbicide 004822–00404 Raid Liquid Flea Killer LF4 001812–00295 Kocide 404s Flowable Ag- ricultural Fungicide 002217–00784 Trimec 1158 Broadleaf 004822–00500 Whitmire TC 85 Total Re- Herbicide lease Insect Fogger 001812–00298 K-Cop 002217–00785 M 886 Herbicide 004959–00048 Myco-Bac Germicidal De- 001812–00301 Kocide SD tergent Sanitizer 002217–00786 M 887 Herbicide 001812–00304 Kocide Copper Sulfate 005204–00003 Biomet 66 Pentahydrate Crystals 002217–00792 Trimec 1159 Spot Weeder 005693–00078 Shield Total Release 001812–00314 Blue Viking Star Glow 002217–00821 EH1356 Herbicide Fogger Vi Powder 002217–00822 EH1355 Weed and Feed 006269–00006 Sanisol Concentrated 001812–00333 Kocide Coc Technical Cleaner Disinfectant 002230–00051 Algaecide-Non Foaming Odor Neutralizer 001812–00345 Oxycop WP 002230–00055 Stay 006459–00003 Calmic Type S Formula- 001812–00347 Spin Out FP 002230–00056 TBC tion-Cascade 001812–00377 Copper Fungicide 4E 002230–00058 Poly O 007001–00383 Turf Fertilizer with 1.00% 001812–00383 Oxycop 53WP Ronstar 002724–00075 Vet-Kem Kemic Flea and 001812–00384 Spin Out 440 Tick Powder 007173–00210 Generation Bait Dispenser

001812–00450 Finitron Brand Sulfluramid 002724–00514 Speer Bird Spray 007173–00222 Maki Rodenticide Block LCA MUP 002724–00544 Speer 2x Indoor Fogger 007173–00225 Maki Bait Dispenser 002217–00720 Trimec 869 (double Strength) 007173–00228 Maki Green Paraffin 002217–00721 Trimec 870 002724–00563 Speer Flea & Tick Sham- Blocks poo for Dogs 002217–00722 Trimec 871 007173–00233 Generation Rat & Mouse 002724–00575 Pet Guard Animal and Bait Tray 002217–00729 MM885 Kennel Spray 007173–00234 Generation Bait Tray 002217–00730 Trimec M 886 Liquid 002724–00719 Elite Flea & Tick Sham- Weed & Feed poo Vi 007173–00235 Generation Wrapped Mini Block 002217–00731 Trimec M 887 Liquid 002724–00747 Holiday Kennel Dust Weed & Feed 007401–00085 Ferti-Lome Ready To Use 002724–00750 Holiday Flea & Tick Stop Liquid Weed & Wild 002217–00732 Trimec M 903 for Dogs and Cats Grass Killer

002217–00733 Trimec M 904 002724–00751 Holiday Tick Stop 007401–00087 Ferti-Lome Liquid Vegeta- tion Killer 002217–00734 Trimec M 905 002749–00336 Atrazine 4L 007401–00123 Ferti Lome Tree Borer 002217–00735 MM 890 Liquid Weed & 002749–00485 Aceto Atrazine 90 Crystals Feed 20-0-0 002909–00005 Matt-Kleen 007401–00173 Ferti-Lome Special Vege- 002217–00736 Trimec M907 Liquid Weed tation Killer & Feed 002935–00485 BT 320 Sulfur 50 Dust 007401–00234 Ferti-Lome Systemic 002217–00737 Trimec M908 Liquid Weed 003008–00088 Osmose Dac-Q Weed & Feed 11-3-6 & Feed

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TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued

Registration no. Product Name Registration no. Product Name Registration no. Product Name

007401–00242 Ferti Lome Weed Killer 008660–00172 Deep Green Vigoro 23-3-7 009198–00180 Scotts Proturf 36-0-0 Fer- Plus Lawn Food Lawn Fertilizer & Weed tilizer Plus Dicot Weed Control Contro 007401–00381 Ferti-Lome Chickweed & Clover Control 008660–00179 Golden Vigoro Weed Con- 009688–00154 Chemsico Eh1365 Herbi- trol Plus Lawn Fertilizer cide 007401–00382 Hi-Yield Lawn Weed Killer 18-4-8 009688–00155 Chemsico Eh1367 Herbi- 007679–00019 American Cotton Chopper 008660–00184 Gro-Tone 18 Weed & cide Concentrate Feed 009688–00156 EH 1370 Weed & Feed 007689–00014 Wardley’s Liquid Allclear 008660–00185 Gro-Tone 20 Weed & Feed 007689–00016 Allclear II Algicide for Out- 010088–00033 Selective Herbicide No. 2 door Fishpools 008660–00212 Par Ex Slow Release Fer- 010330–00002 Ethylene Agricultural 007689–00017 Allclear II Aquarium tilizer Grade Algicide 008660–00221 Park Ridge 18 Weed & 010350–00044 3M Mec Z-11- 007946–00019 Abacide Feed Tetradecenyl Acetate Pheromone Con- 008370–00001 Nyco Bowl Kleen Toilet 008660–00222 Park Ridge 20 Weed & centrate Bowl Cleaner Feed 010350–00045 3M Mec Tpw Sprayable 008370–00002 Super Toilet Bowl Cleaner 008660–00226 Premium Green Turf Lawn Pheromone for Tomato Food with Weed Control Pinworm 008370–00006 Pine Odor Disinfectant Cleaner 008660–00228 Suburban 18 25-3-3 Weed 010350–00046 3M Mec-Epsb Sprayable & Feed Pheromone for Eastern 008370–00015 Uno Disinfectant-Cleaner- Pine Shoot Sanitizer 008660–00229 Suburban 20 Weed & Feed 25-3-3 010350–00047 3M Sprayable 008370–00020 White Ocean Foam Por- Pheromone-Mating Dis- celain & Tile Cleaner- 008660–00231 Vigoro Deep Green Weed ruption for Blackheade Disinfectant and Feed 010350–00048 3M Sprayable 008503–00013 Wintergreen Disinfectant 008660–00242 Vigoro St. Augustine Pheromone-Mating Dis- Grass Lawn Weeder ruption for Leafroller 008503–00017 Acid Free Bathroom and Feeder Cleaner 010350–00049 3M Mec-PBW Sprayable 008660–00244 Vigoro Weed Control Plus 008503–00019 Weed Killer 101 Pheromone for Pink Lawn Fertilizer Bollworm 008503–00020 Veg Kill 15 008722–00001 Portion-Pac Germicidal 010350–00051 3M MEC-OFM Sprayable Detergent 008596–00032 Bio Savor Pheromone for Oriental Fruit Moth 008660–00007 Sta-Green Weed & Feed 008722–00002 Q X 204 Germicidal De- 20-3-6 tergent 010350–00052 3M Sprayable Pheromone Mating Disruption for 008660–00024 Vertgreen Mcpp Clover & 008764–00024 Sta-Fresh 401 Sparganoth Chickweed Killer 008780–00057 Turf Line Crabgrass Pre- 010350–00053 3M Sprayable Pheromone 008660–00071 New Sod Webworm Con- venter 3 Formula Mating Disruption for trol Grape 008879–00001 Insect Repellent Citronella 008660–00147 Vertagreen St. Augustine Candle 010350–00054 3M MEC-LPTB Sprayable Weed & Feed Pheromone for Lesser 009198–00030 The Andersons Fertilizer Peachtree 008660–00148 Supreme Green with 0.92% Balan 010350–00055 3M MEC-PTB Sprayable 008660–00169 Ace Lawn Food with 009198–00091 The Andersons Tee Time Pheromone for Peach- Weed Control Plus 0.57% Team tree Borer

008660–00170 Ace Lawn Food with 009198–00101 The Andersons Fertilizer 010350–00059 3M MEC-CM Sprayable Weed Control 22-6-8 with 0.87% Team Pheromone for Codling Moth 009198–00130 The Andersons Fertilizer with 1.50% Team

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TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued

Registration no. Product Name Registration no. Product Name Registration no. Product Name

010350–00062 3M MEC - GM Sprayable 021268–00014 Slo-Stix 040849–00035 Enforcer Flea & Roach Pheromone for Gypsy Fogger III Moth 021268–00016 E-Z Cartridge 040849–00041 Enforcer Flea Killer for 010404–00059 Lesco TFC Dispersible 024909–00015 Deo-Pine Quaternary Pets Shampoo III Granule Turf Herbicide Pine-Oil 040849–00044 Enforcer Flea Killer for 010807–00024 Misty Glycol Air Sanitizer - 028690–00001 Potomac Sodium Hypo- Carpets II Lemon/lime Fragrance chlorite Solution 040849–00048 Enforcer Overnite Roach 010807–00037 Misty Air Sanitizer Mint 032802–00079 Ronstar Plus Fertilizer Spray III Fragrance 1.00% 040849–00054 Enforcer Concentrate for 010807–00043 Misty Mizer Air Sanitizer 032802–00080 Ronstar Plus Fertilizer Fleas Xx Lime 1.50% 040849–00060 Enforcer Next Day Grass & Weed Killer II 011474–00092 Wasp & Hornet Killer V 033560–00045 Pronone 25g 011603–00040 Acetochlor Technical 040849–00062 Enforcer Esfenvalerate 033981–00009 Sodium Hypochlorite 16% 35% Wettable Powder 011623–00035 Total Release Fogger No. 034797–00029 General Purpose Aqueous II 040849–00063 Enforcer Two-Hour Insecticide Fogger 011685–00013 MCPA Technical Acid 034797–00039 Dionne Copper Sulfate 040849–00064 Exterminator’s Choice Root Killer 011685–00024 Riverdale Technical One-Year Flea Control MCPA IOE 034797–00056 Dionne Flea & Tick Spray 040849–00065 Enforcer Rose/Flower & III 011694–00103 WH-40 Wasp & Hornet Tomato/Vegetable Spray Spray 034913–00017 Knockout Granular Weed Killer 012455–00071 1% Diphacinone Con- 040849–00066 Enforcer Insecticide Pow- centrate der 035900–00006 Hygene Mark II 040849–00067 Enforcer Esfenvalerate 013799–00008 Four Paws Super Fly Re- 035900–00007 Hygene Mark III RTU Insect Spray pellent Bacteriostatic Water Fil- 040849–00068 Enforcer P001 015297–00002 Bio-Groom Shampoo with ter Media Pyrethrins Concentrate 035900–00013 General Ionics Model Dwc 040849–00071 AT Weed & Grass Killer for Horse 1500 Bacteriostatic RTU Drinking 017545–00005 Moncide 040849–00074 Enforcer Home Pest Con- trol X 017705–00001 Pathmark Bleach 035900–00016 Hygene Mark IV Bacteriostatic Water Fil- 040975–20004 Acro-Klo 019713–00061 Drexel Lindane Technical ter Media 1 035900–00021 Hygiene Mark Viii 042056–00002 Thiram M Liquid Bacteriostatic Water Fil- 019713–00191 Drexel Lindane Technical 042056–00020 Tci Mancozeb Ready-To- ter Media 2 Use Seed Treatment 035935–00002 Propanilo-3 020177–00001 Selecticide 042057–00047 Morgro Malathon 57% Spray 021268–00004 Pool Trol Chlorine Powder 035935–00008 Mcpa Technical Acid 042373–00001 Blue Magic Waterbed 021268–00005 Utikem Winter Grade 035935–00009 T-H MCPA Acid Conditioner Algaecide 035935–00010 Technical MCP Ester 042373–00006 Blue Magic Multi-Purpose 021268–00006 Permanent Algaecide (+) Waterbed Condi- 037062–00001 Wechsler Contracting So- tioner 021268–00007 Utikem Algaecide Algae dium Hypochlorite Solu- Control tion 042750–00112 Acetochlor Tgai

021268–00011 Blue Shield Sani Shock 038092–00003 Fly-Curb 7.76% Premix 042964–00009 Bac-Tex

038635–00004 L-34 Algaecide 042964–00034 A-464-N

043315–00001 Swim-Chlor

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TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued

Registration no. Product Name Registration no. Product Name Registration no. Product Name

043576–00005 Rich Health Flea & Tick 053263–00029 Emtrol Tobacco Sucker 061483–00077 Ectrin Insecticide Water Killer Control Agent Dispersible Liquid

044538–00001 Super Star Disinfectant 055050–00001 Sodium Chlorite Aqueous 061483–00081 Ptenocide Pet Spray Sanitzer Fungicide Deo- Solution 31% dorizer 061483–00082 Pentocide Aerosol House 055050–00002 Sodium Chlorite 25% & Carpet Spray 045220–00001 Pow Herbal Flea Powder Aqueous Solution 061483–00083 Americare Flea & Tick 045728–00015 Metam Clr 32.7% Soil Fu- 055179–00003 Adorn Toilet Bowl Cleaner Lawn Spray migant 055431–00011 Surflan LD Specialty Her- 061483–00084 Ptenocide Total Release 045728–00024 Thiram 65 bicide Fogger 061483–00090 Synergized 0.5 045745–00004 L-100 Lemon Oder-Dis- 055431–00012 Surflan WDG Plus Spe- Permethrin / 1% Pbo infectant-Deoderizer- cialty Herbicide Pour-On Insecticide Cleanser 056244–00001 TB-65 061483–00092 Patriot Plus Insecticide 045745–00005 P-100 Pine Odor Dis- Ear Tag infectant Cleaner Deo- 056244–00002 TB-66 dorant 061495–00004 Virocidin Plus 056244–00003 TB-64 045745–00009 Maxim DS 470 063376–00007 OKA Mosquito Repellent 056281–20004 Aqua Pure Coils 046075–00005 Jungle Juice 100 Insect Repellent 056336–00017 Consep Spr4 Peach Twig 064321–00002 BEP Insecticide 25 Borer Pheromone 046260–00039 Easy Gardener Dog & Cat Sprayable 065615–00006 Scoot Racoon Repellent Gel with XP- 20 056336–00018 Consep Spr5 Pink 065700–00001 Alpha-3 Roach Bait Bollworm Pheromone 046260–00040 Easy Gardener Dog & Cat Sprayable 065862–00001 Chlorine Liquified Gas Repellent Ready-To- Under Pressure Use Spray 056501–00002 Copper Sulphate Super- fine Crystals 066222–00113 Double Team Herbicide 046260–00041 Easy Gardener Dog & Cat Repellent Ready-To 056782–00001 Simple Green D 066222–00114 Acetochlor 6.4 EC Herbi- Use Granular cide 056782–00002 Simple Green D Anti- 046515–00034 Super K-Gro Liquid Weed bacterial 066306–00007 Iguana Oil SPF 4 & Feed Formula II 057700–00001 Shirasagi WHA 066330–00288 Thiophanate-Methyl Tech- 046515–00055 Broadleaf Weed Killer nical Aerosol 058415–00001 Liquified Chlorine Gas 066330–00340 Tebuconazole 97% Tech- Under Pressure nical 046620–00002 Requat Antimicrobial 1977 058779–00001 Steris LW/SW Master Concentrate 066330–00341 Tebuconazole 3.6f

048139–00014 Outdoorsman Insect Re- 059825–00002 Mykon ASD 066330–00342 Tebuconazole 45 Df pellent 059825–00003 CX 1071 066721–00001 Q-6 Detergent Sanitizer 048369–00002 Roach Vanish 060063–00015 Echo Home Garden Fun- 067425–00017 Ecopco G/X 049517–00005 Pick-Mor gicide and Insecticide 067572–00008 R & M Floral & Vegetable 050956–00001 Chloryte Calcium Hypo- 061483–00057 Forpen- 50 Spray #1 chlorite 061483–00061 Trenton Creosote Oil 067572–00025 R & M Pyrethrin Powder 050956–00002 Sask-Chlor Calcium Hypo- #1 chlorite 65% 061483–00066 Anchor Permectrin Pet, Yard and Kennel Spray 067572–00037 R & M Dog & Cat Repel- 051036–00233 Propanil 4EC lent Granules 061483–00074 Ectrin Insecticide Cattle 051219–00002 CWT - BB12 Ear Tag 067572–00040 R & M Aloe Ear Mite Treatment 061483–00076 Ectrin Insecticide Horse Neck Band

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TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS TABLE 2.—SECTION 3 REGISTRATIONS CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF CANCELED FOR NON-PAYMENT OF MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued MAINTENANCE FEE—Continued

Registration no. Product Name Registration no. Product Name Registration no. Product Name

067572–00043 R & M Rabbit and Deer 071864–00002 Herli-Bcd 079722–00001 Sapphire Pool Products Repellent Spray - Rtu 071871–00001 CD-Cartridge 081260–00001 Pine Cleaner 067572–00049 R & M Permethrin Powder .25% 071946–00002 Calcium Hypochlorite 081449–00001 Sulfur Technical

067572–00051 R & M Synergized 072106–00002 Evergreen Lawn Food 081449–00002 Technical Copper Permethrin Powder #1 with Weed Control 12-4- Oxychloride 4 067599–00001 Permashield Marine Coat- 081449–00003 Technical Basic Copper ing 072106–00003 Spring Feed and Moss Sulfate Cure 067869–00021 Antimicrobial N-5 081959–00010 Vessel 2 - Aquatic 072468–00003 Moldwash Wood Preserv- (28.7%) 067869–00023 Antimicrobial N-40 ative/mold Control 082378–00001 Lindane Technical 067869–00039 N2001 Lf C 072637–00001 Green Screen Bags Ani- mal Repellent 082542–00001 Bifenthrin Technical 067869–00040 N2001 Lf P 073417–00001 Woad Warrior 082542–00002 Permethrin Technical 068086–00004 First Defense Premise Treatment 074054–00002 Propiconazole Technical 082727–00001 Exterminants

068086–00006 Ant Enderzzz 074152–00003 Megagro Growth Stimu- 082875–00002 Metsulfuron G-Pro Herbi- lator cide 068086–00007 ‘‘Fooey’’ Training Aid 074787–00001 Proteku Grape Guard 082971–00001 Bluewater 068333–00003 Skeet-Daddle Fogging In- secticide 074905–00001 Socusil Snail and Slug IV. Public Docket Repellent 068543–00031 Bengal Flying Insect Killer Complete lists of registrations 2 075199–20001 12.5% Chlorinating Bleach canceled for non-payment of the maintenance fee will also be available 069117–00006 Pointer-12 Insecticide 075457–00002 Anti-Pest-O Mup for reference during normal business 070465–00003 Xbinx 19G 075457–00004 Anti-Pest-O Concentrate hours in the OPP Public Docket, Rm. S– 4400, One Potomac Yard (South 070506–00027 Devrinol 2-E Selective 075499–00012 Plant Synergists 6-BA Building), 2777 S. Crystal Drive, Herbicide Technical Arlington, VA. Product-specific status inquiries may be made by telephone by 070515–00001 LPE-94 10% Aqueous 075499–00014 Plant Synergists Gib 10% calling toll-free 1–800–444–7255. Growth Regulator WP List of Subjects 070567–00001 BCS Sodium Hypochlorite 075499–00015 Plant Synergists GA Paste Solution (12.5%) Environmental protection, 075562–00001 Sani-Spa Disinfectant Maintenance fees, Pesticides and pests. 070567–00002 Sodium Hypochlorite So- Tablet Dated: July 13, 2007. lution (12.5%) Debra Edwards, 075639–00001 Antmaster’s Sweet Gel 070644–00002 Nutrol LC Bait Director, Office of Pesticide Programs. [FR Doc. E7–14182 Filed 7–24–07; 8:45 a.m.] 070810–00005 Auxigro Soluble Granule 075799–00002 Pxts Blend D Plant Metabolic Primer BILLING CODE 6560–50–S 075844–00004 Liberty 45 Ultra 070852–00004 Agc 0.05 Ag 079411–20002 Pool Cide 10 ENVIRONMENTAL PROTECTION 070909–00004 The Dragonfly Carbon Di- AGENCY oxide Canister 079442–00006 Exosex-ECB [EPA–HQ–OPP–2006–0909; FRL–8139–6] 070950–00004 Avachem Sorbitol Octa- 079442–00007 Exosex-DBM noate MP Diazinon; Product Cancellation Order 079676–00013 Oryzalin G-Pro Herbicide AGENCY: Environmental Protection 070950–00005 Avachem Octa-SP- 50% 079705–00001 Act T-558 Agency (EPA). 071368–00055 MCPA Amine 4 Herbicide ACTION: Notice. 079705–00002 Act Z-200 071368–00056 MCPA Ester 4 Herbicide SUMMARY: This notice announces EPA’s order for the cancellation, voluntarily requested by the registrant and accepted

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by the Agency, of a product containing B. How Can I Get Copies of this noted that use of diazinon should be the pesticide diazinon, pursuant to Document and Other Related tracked by EPA. Since all remaining section 6(f)(1) of the Federal Insecticide, Information? diazinon products are classified as Fungicide, and Rodenticide Act 1. Docket. EPA has established a restricted use products with only (FIFRA), as amended. This cancellation docket for this action under docket agricultural uses, only certified order follows a May 16, 2007 Federal identification (ID) number EPA–HQ– applicators or those under the Register Notice of Receipt of Request OPP–2006–0909. Publicly available supervision of a certified applicator may from the diazinon registrant to docket materials are available either in purchase and use diazinon products. As voluntarily cancel their diazinon the electronic docket at http:// such, the Agency believes that diazinon granular product registration. This is not www.regulations.gov, or, if only use is sufficiently tracked and the last diazinon product registered for available in hard copy, at the Office of monitored. For these reasons, the use in the United States; however this Pesticide Programs (OPP) Regulatory Agency does not believe that the is the last diazinon granular formulation Public Docket in Rm. S–4400, One comments submitted during the comment period merit further review or registered for use in the United States. Potomac Yard (South Bldg.), 2777 S. a denial of the request for voluntary In the May 16, 2007 Notice, EPA Crystal Dr., Arlington, VA. The hours of cancellation. indicated that it would issue an order operation of this Docket Facility are implementing the cancellation to from 8:30 a.m. to 4 p.m., Monday IV. Cancellation Order terminate use, unless the Agency through Friday, excluding legal Pursuant to FIFRA section 6(f), EPA received substantive comments within holidays. The Docket Facility telephone the 30–day comment period that would hereby approves the requested number is (703) 305–5805. cancellation of diazinon registrations merit its further review of these 2. Electronic access. You may access requests, or unless the registrant identified in Table 1 of Unit II. this Federal Register document Accordingly, the Agency orders that the withdrew their request within this electronically through the EPA Internet period. The Agency received a comment diazinon product registrations identified under the Federal Register listings at in Table 1 of Unit II. are hereby on the Notice but none which merited http://www.epa.gov/fedrgstr. its further review of the request. canceled. Any distribution, sale, or use Further, the registrant did not withdraw II. What Action is the Agency Taking? of existing stocks of the products identified in Table 1 of Unit II. in a their request. Accordingly, EPA hereby This notice announces the manner inconsistent with any of the issues in this notice a cancellation order cancellation, as requested by registrants, Provisions for Disposition of Existing granting the requested cancellation. Any of certain agricultural end-use diazinon Stocks set forth in Unit VI. will be distribution, sale, or use of the diazinon products registered under section 3 of considered a violation of FIFRA. products subject to this cancellation FIFRA. These registrations are listed in order is permitted only in accordance sequence by registration number in V. What is the Agency’s Authority for with the terms of this order, including Table 1 of this unit. Taking this Action? any existing stocks provisions. Section 6(f)(1) of FIFRA provides that TABLE 1.—DIAZINON PRODUCT DATES: The cancellations are effective a registrant of a pesticide product may July 25, 2007. CANCELLATIONS at any time request that any of its pesticide registrations be canceled or FOR FURTHER INFORMATION CONTACT: Jude EPA Registra- amended to terminate one or more uses. tion No. Product Name Andreasen, Special Review and FIFRA further provides that, before Reregistration Division (7508P), Office 2935–408 Diazinon 14G acting on the request, EPA must publish of Pesticide Programs, Environmental a notice of receipt of any such request Protection Agency, 1200 Pennsylvania Table 2 of this unit includes the in the Federal Register. Thereafter, Ave., NW., Washington, DC 20460– names and addresses of record for all following the public comment period, 0001; telephone number: (703) 308– registrants of the products in Table 1 of the Administrator may approve such a 9342; fax number: (703) 308–7070; e- this unit, in sequence by EPA company request. mail address: [email protected]. number. VI. Provisions for Disposition of SUPPLEMENTARY INFORMATION: Existing Stocks TABLE 2.—REGISTRANTS OF I. General Information CANCELLED DIAZINON PRODUCTS Existing stocks are those stocks of A. Does this Action Apply to Me? registered pesticide products which are EPA Company Company Name and Ad- currently in the United States and This action is directed to the public No. dress which were packaged, labeled, and in general, and may be of interest to a released for shipment prior to the wide range of stakeholders including 2935 Wilbur-EllisP.O. Box effective date of the cancellation action. 1286Fresno, CA 93715 environmental, human health, and The cancellation order issued in this agricultural advocates; the chemical Notice includes the following existing industry; pesticide users; and members III. Summary of Public Comments stocks provisions. of the public interested in the sale, Received and Agency Response to The registrant will be allowed to sell distribution, or use of pesticides. Since Comments and distribute the subject products others also may be interested, the One citizen commented that the through December 2008. In addition, Agency has not attempted to describe all Agency should deny the request to existing stocks of diazinon products the specific entities that may be affected voluntarily cancel the diazinon may be sold or used until they are by this action. If you have any questions registration. The commenter mistakenly depleted. regarding the applicability of this action noted that diazinon still has household to a particular entity, consult the person uses. All retail sales of diazinon List of Subjects listed under FOR FURTHER INFORMATION products for household use ended on Environmental protection, Pesticides CONTACT. December 31, 2004. The commenter also and pests.

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Dated: July 17, 2007. whose disclosure is restricted by statute. (703) 308–8077; e-mail address: Peter Caulkins, Do not submit information that you [email protected]. Acting Director, Special Review and consider to be CBI or otherwise SUPPLEMENTARY INFORMATION: Reregistration Division, Office of Pesticide protected through regulations.gov or e- Programs. mail. The Federal regulations.gov Web I. General Information [FR Doc. E7–14331 Filed 7–24–07; 8:45 am] site is an ‘‘anonymous access’’ system, A. Does this Action Apply to Me? BILLING CODE 6560–50–S which means EPA will not know your identity or contact information unless You may be potentially affected by you provide it in the body of your this action if you are an agricultural ENVIRONMENTAL PROTECTION comment. If you send an e-mail producer, food manufacturer, or AGENCY comment directly to EPA without going pesticide manufacturer. Potentially affected entities may include, but are [EPA–HQ–OPP–2007–0208; FRL–8129–7] through regulations.gov, your e-mail address will be automatically captured not limited to: • Crop production (NAICS code 111). and included as part of the comment Pesticide Products; Registration • Animal production (NAICS code that is placed in the docket and made Applications 112). available on the Internet. If you submit • Food manufacturing (NAICS code AGENCY: Environmental Protection an electronic comment, EPA Agency (EPA). 311). recommends that you include your • Pesticide manufacturing (NAICS ACTION: Notice. name and other contact information in code 32532). the body of your comment and with any SUMMARY: This notice announces receipt This listing is not intended to be disk or CD-ROM you submit. If EPA exhaustive, but rather provides a guide of applications to register pesticide cannot read your comment due to products that contain new active for readers regarding entities likely to be technical difficulties and cannot contact affected by this action. Other types of ingredients not included in any you for clarification, EPA may not be currently registered products and/or entities not listed in this unit could also able to consider your comment. be affected. The North American that entail a changed use pattern Electronic files should avoid the use of pursuant to the provisions of section Industrial Classification System special characters, any form of 3(c)(4) of the Federal Insecticide, (NAICS) codes have been provided to encryption, and be free of any defects or Fungicide, and Rodenticide Act assist you and others in determining viruses. (FIFRA), as amended. whether this action might apply to certain entities. To determine whether DATES: Docket: All documents in the docket Comments must be received on you or your business may be affected by or before August 24, 2007. are listed in the docket index available in regulations.gov. To access the this action, you should carefully ADDRESSES: Submit your comments, electronic docket, go to http:// examine the applicability provisions If identified by docket identification (ID) www.regulations.gov, select ‘‘Advanced you have any questions regarding the number EPA–HQ–OPP–2007–0208, by Search,’’ then ‘‘Docket Search.’’ Insert applicability of this action to a one of the following methods: the docket ID number where indicated particular entity, consult the person • Federal eRulemaking Portal: http:// and select the ‘‘Submit’’ button. Follow listed under FOR FURTHER INFORMATION www.regulations.gov. Follow the on-line the instructions on the regulations.gov CONTACT. instructions for submitting comments. web site to view the docket index or • Mail: Office of Pesticide Programs B. What Should I Consider as I Prepare access available documents. Although (OPP) Regulatory Public Docket (7502P), My Comments for EPA? listed in the index, some information is Environmental Protection Agency, 1200 not publicly available, e.g., CBI or other 1. Submitting CBI. Do not submit this Pennsylvania Ave., NW., Washington, information whose disclosure is information to EPA through DC 20460–0001. restricted by statute. Certain other regulations.gov or e-mail. Clearly mark • Delivery: OPP Regulatory Public material, such as copyrighted material, the part or all of the information that Docket (7502P), Environmental is not placed on the Internet and will be you claim to be CBI. For CBI Protection Agency, Rm. S-4400, One publicly available only in hard copy information in a disk or CD ROM that Potomac Yard (South Bldg.), 2777 S. form. Publicly available docket you mail to EPA, mark the outside of the Crystal Dr., Arlington, VA. Deliveries materials are available either in the disk or CD ROM as CBI and then are only accepted during the Docket’s electronic docket at http:// identify electronically within the disk or normal hours of operation (8:30 a.m. to www.regulations.gov, or, if only CD ROM the specific information that is 4 p.m., Monday through Friday, available in hard copy, at the OPP claimed as CBI. In addition to one excluding legal holidays). Special Regulatory Public Docket in Rm. S-4400, complete version of the comment that arrangements should be made for One Potomac Yard (South Bldg.), 2777 includes information claimed as CBI, a deliveries of boxed information. The S. Crystal Dr., Arlington, VA. The hours copy of the comment that does not Docket telephone number is (703) 305– of operation of this Docket Facility are contain the information claimed as CBI 5805. from 8:30 a.m. to 4 p.m., Monday must be submitted for inclusion in the Instructions: Direct your comments to through Friday, excluding legal public docket. Information so marked docket ID number EPA–HQ–OPP–2007– holidays. The Docket telephone number will not be disclosed except in 0208. EPA’s policy is that all comments is (703) 305–5805. accordance with procedures set forth in received will be included in the docket 40 CFR part 2. without change and may be made FOR FURTHER INFORMATION CONTACT: 2. Tips for preparing your comments. available on-line at http:// Susanne Cerrelli, Biopesticides and When submitting comments, remember www.regulations.gov, including any Pollution Prevention Division (7511P), to: personal information provided, unless Office of Pesticide Programs, i. Identify the document by docket ID the comment includes information Environmental Protection Agency, 1200 number and other identifying claimed to be Confidential Business Pennsylvania Ave., NW., Washington, information (subject heading, Federal Information (CBI) or other information DC 20460–0001; telephone number: Register date and page number).

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ii. Follow directions. The Agency may Identifier: MON–89034–3), Bacillus excluding legal holidays). Special ask you to respond to specific questions thuringiensis Cry2Ab2 protein and the arrangements should be made for or organize comments by referencing a genetic material necessary for its deliveries of boxed information. The Code of Federal Regulations (CFR) part production (Vector ZMIR 245) in event Docket Facility telephone number is or section number. MON 89034 corn (OECD Unique (703) 305–5805. iii. Explain why you agree or disagree; Identifier: MON–89034–3) and the Instructions: Direct your comments to suggest alternatives and substitute previously registered active ingredient the assigned docket ID number and the language for your requested changes. Bacillus thuringiensis Cry3Bb1 protein pesticide petition number of interest. iv. Describe any assumptions and and the genetic material (Vector ZMIR EPA’s policy is that all comments provide any technical information and/ 39) necessary for its production in event received will be included in the docket or data that you used. MON 88017 corn (OECD Unique without change and may be made v. If you estimate potential costs or Identifier: MON–88017–3). Proposal available on-line at http:// burdens, explain how you arrived at classification/Use: None. www.regulations.gov, including any your estimate in sufficient detail to personal information provided, unless allow for it to be reproduced. List of Subjects the comment includes information vi. Provide specific examples to Environmental protection, Pesticides claimed to be Confidential Business illustrate your concerns and suggest and pest. Information (CBI) or other information alternatives. Dated: July 16, 2007. whose disclosure is restricted by statute. vii. Explain your views as clearly as Do not submit information that you possible, avoiding the use of profanity Janet L. Andersen, consider to be CBI or otherwise or personal threats. Director, Biopesticides and Pollution protected through regulations.gov or e- viii. Make sure to submit your Prevention Division, Office of Pesticide mail. The regulations.gov Web site is an Programs. comments by the comment period ‘‘anonymous access’’ system, which deadline identified. [FR Doc. E7–14269 Filed 7–24–07; 8:45 am] means EPA will not know your identity BILLING CODE 6560–50–S II. Registration Applications or contact information unless you provide it in the body of your comment. EPA received applications as follows If you send an e-mail comment directly ENVIRONMENTAL PROTECTION to register pesticide products that to EPA without going through AGENCY contain active ingredients not included regulations.gov, your e-mail address in any previously registered products [EPA–HQ–OPP–2006–0936; FRL–8137–1] will be automatically captured and and/or that entail a changed use pattern included as part of the comment that is pursuant to the provision of section Notice of Filing of Pesticide Petitions placed in the docket and made available 3(c)(4) of FIFRA. Notice of receipt of for Residues of Pesticide Chemicals in on the Internet. If you submit an these applications does not imply a or on Various Commodities electronic comment, EPA recommends decision by the Agency on the AGENCY: that you include your name and other applications. Environmental Protection Agency (EPA). contact information in the body of your comment and with any disk or CD-ROM Products Containing Active Ingredients ACTION: Notice. not Included in any Previously you submit. If EPA cannot read your Registered Products and/or Products for SUMMARY: This notice announces the comment due to technical difficulties Which a Changed Use Pattern is initial filing of pesticide petitions and cannot contact you for clarification, Proposed proposing the establishment or EPA may not be able to consider your modification of regulations for residues comment. Electronic files should avoid 1. File Symbol: 524–LTL. Applicant: the use of special characters, any form Monsanto Company, 800 N. Lindberg of pesticide chemicals in or on various commodities. of encryption, and be free of any defects Blvd., St. Louis, MO 63167. Product or viruses. name: MON 89034. Product type: Plant- DATES: Comments must be received on Docket: All documents in the docket Incorporated Protectant. Active or before August 24, 2007. are listed in the docket index available ingredients: Bacillus thuringiensis ADDRESSES: Submit your comments, in regulations.gov. To access the Cry1A.105 protein and the genetic identified by docket identification (ID) electronic docket, go to http:// material necessary for its production number EPA–HQ–OPP–2006–0936 and www.regulations.gov, select ‘‘Advanced (Vector ZMIR 245) in event MON 89034 the pesticide petition number (PP) of Search,’’ then ‘‘Docket Search.’’ Insert corn (OECD Unique Identifier: MON– interest, by one of the following the docket ID number where indicated 89034–3) and Bacillus thuringiensis methods: and select the ‘‘Submit’’ button. Follow Cry2Ab2 protein and the genetic • Federal eRulemaking Portal: http:// the instructions on the regulations.gov material necessary for its production www.regulations.gov. Follow the on-line Web site to view the docket index or (Vector ZMIR 245) in event MON 89034 instructions for submitting comments. access available documents. Although corn (OECD Unique Identifier: MON– • Mail: Office of Pesticide Programs listed in the index, some information is 89034–3). Proposal classification/Use: (OPP) Regulatory Public Docket (7502P), not publicly available, e.g., CBI or other None. Environmental Protection Agency, 1200 information whose disclosure is 2. File Symbol: 524–LTA. Applicant: Pennsylvania Ave., NW., Washington, restricted by statute. Certain other Monsanto Company, 800 N. Lindberg DC 20460–0001. material, such as copyrighted material, Blvd., St. Louis, MO 63167. Product • Delivery: OPP Regulatory Public is not placed on the Internet and will be name: MON 89034 x MON 88017. Docket (7502P), Environmental publicly available only in hard copy. Product type: Plant-Incorporated Protection Agency, Rm. S–4400, One Publicly available docket materials are Protectant. Active ingredients: Bacillus Potomac Yard (South Bldg.), 2777 S. available electronically at http:// thuringiensis Cry1A.105 protein and the Crystal Dr., Arlington, VA. Deliveries www.regulations.gov, or, if only genetic material necessary for its are only accepted during the Docket’s available in hard copy, at the OPP production (Vector ZMIR 245) in event normal hours of operation (8:30 a.m. to Regulatory Public Docket in Rm. S– MON 89034 corn (OECD Unique 4 p.m., Monday through Friday, 4400, One Potomac Yard (South Bldg.),

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2777 S. Crystal Dr., Arlington, VA. The i. Identify the document by docket ID included in this notice, prepared by the hours of operation of this Docket number and other identifying petitioner, is included in a docket EPA Facility are from 8:30 a.m. to 4 p.m., information (subject heading, Federal has created for each rulemaking. The Monday through Friday, excluding legal Register date and page number). docket for each of the petitions is holidays. The Docket Facility telephone ii. Follow directions. The Agency may available on-line at http:// number is (703) 305–5805. ask you to respond to specific questions www.regulations.gov. FOR FURTHER INFORMATION CONTACT: The or organize comments by referencing a New Tolerances person listed at the end of the pesticide Code of Federal Regulations (CFR) part 1. PP 6E7103. (Docket ID number petition summary of interest. or section number. iii. Explain why you agree or disagree; EPA–HQ–OPP–2007–0460). BASF SUPPLEMENTARY INFORMATION: suggest alternatives and substitute Corporation, 26 Davis Drive, Research I. General Information language for your requested changes. Triangle Park, NC 27709, proposes to iv. Describe any assumptions and establish a tolerance for residues of the A. Does this Action Apply to Me? provide any technical information and/ fungicide dithianon in or on food You may be potentially affected by or data that you used. commodity grapes at 8 parts per million this action if you are an agricultural v. If you estimate potential costs or (ppm). An analytical method using high producer, food manufacturer, or burdens, explain how you arrived at performance liquid chromatography pesticide manufacturer. Potentially your estimate in sufficient detail to with ultraviolet (UV) detection was used affected entities may include, but are allow for it to be reproduced. to determine the residues of dithianon not limited to: vi. Provide specific examples to on grapes. This method has been • Crop production (NAICS code 111). illustrate your concerns and suggest confirmed through independent • Animal production (NAICS code alternatives. laboratory validations. Contact: 112). vii. Explain your views as clearly as Rosemary Kearns; telephone number: (703) 305–5611; e-mail address: • Food manufacturing (NAICS code possible, avoiding the use of profanity [email protected]. 311). or personal threats. • viii. Make sure to submit your 2. PP 7E7199. (Docket ID number Pesticide manufacturing (NAICS EPA–HQ–OPP–2007–0438). code 32532). comments by the comment period deadline identified. Interregional Research Project Number 4 This listing is not intended to be (IR–4), 500 College Road East, Suite 201 exhaustive, but rather provides a guide II. Docket ID Numbers W., Princeton, NJ 08540–6635, proposes for readers regarding entities likely to be to establish a tolerance for residues of affected by this action. Other types of When submitting comments, please use the docket ID number and the the insecticide novaluron (1-[3-chloro-4- entities not listed in this unit could also (1,1,2-trifluoro-2- be affected. The North American pesticide petition number of interest, as shown in the table. trifluoromethoxyethoxy)phenyl]-3-[2,6- Industrial Classification System difluorobenzoyl]urea) in or on food (NAICS) codes have been provided to commodities: Tomato at 0.40 ppm; assist you and others in determining PP Number Docket ID Number tomato, paste at 0.80 ppm; and whether this action might apply to PP 6E7103 EPA–HQ–OPP–2007–0460 sugarcane, cane at 0.50 ppm. certain entities. If you have any Makhteshim-Agan of North America, questions regarding the applicability of PP 7E7199 EPA–HQ–OPP–2007–0438 Inc., 4515 Falls of Neuse Road, Raleigh, this action to a particular entity, consult NC 27609, is the manufacturer and basic the person listed at the end of the PP 7E7207 EPA–HQ–OPP–2007–0426 registrant of novaluron. Makhteshim- pesticide petition summary of interest. Agan of North America Inc., prepared PP 7E7184 EPA–HQ–OPP–2007–0461 B. What Should I Consider as I Prepare and summarized the following My Comments for EPA? PP 6F7119 EPA–HQ–OPP–2007–0475 information in support of the pesticide petition for novaluron. An adequate 1. Submitting CBI. Do not submit this III. What Action is the Agency Taking? analytical method, gas chromatography/ information to EPA through electron capture detector (GC/ECD), is regulations.gov or e-mail. Clearly mark EPA is printing notice of the filing of available for enforcing tolerances of the part or all of the information that pesticide petitions received under novaluron residues in or on tomatoes, you claim to be CBI. For CBI section 408 of the Federal Food, Drug, sugarcane and its processed information in a disk or CD-ROM that and Cosmetic Act (FFDCA), 21 U.S.C. commodities, as published in the you mail to EPA, mark the outside of the 346a, proposing the establishment or Federal Register of April 5, 2006 (71 FR disk or CD-ROM as CBI and then modification of regulations in 40 CFR 17009) (FRL–7756–8). Based on the identify electronically within the disk or part 180 for residues of pesticide sample size and dilution factors, the CD-ROM the specific information that is chemicals in or on various food limit of quantitation (LOQ) in matrix claimed as CBI. In addition to one commodities. EPA has determined that was equal to the lowest concentration complete version of the comment that the pesticide petitions described in this level for the validation analyses. The includes information claimed as CBI, a notice contain data or information method verification trial supports a copy of the comment that does not regarding the elements set forth in LOQ of 0.05 ppm in the different tomato contain the information claimed as CBI FFDCA section 408(d)(2); however, EPA and sugarcane matrices. The LOQ = 0.05 must be submitted for inclusion in the has not fully evaluated the sufficiency ppm was taken as the lowest level public docket. Information so marked of the submitted data at this time or validated by this method. Contact: will not be disclosed except in whether the data support granting of the Susan Stanton; telephone number: (703) accordance with procedures set forth in pesticide petitions. Additional data may 305–5218; e-mail address: 40 CFR part 2. be needed before EPA rules on these [email protected]. 2. Tips for preparing your comments. pesticide petitions. 3. PP 7E7207. (Docket ID number When submitting comments, remember Pursuant to 40 CFR 180.7(f), a EPA–HQ–OPP–2007–0426). to: summary of each of the petitions Interregional Research Project Number 4

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(IR–4), 500 College Road East, Suite 201 in or on food commodities: Vegetable, SUMMARY: To assure that EPA’s practices W., Princeton, NJ 08540–6635, proposes tuberous and corm, subgroup 1C at 1.0 related to implementing the Food to establish a tolerance for residues of ppm; potato, granules/flakes at 2.5 ppm; Quality Protection Act of 1996 (FQPA) the insecticide buprofezin, in or on food onions, dry bulb, subgroup 3A at 0.3 are transparent and open to public commodities: Vegetable, leafy, except ppm; vegetables, leafy, except Brassica, participation, EPA is soliciting Brassica, group 4 at 25 ppm; olive at 3.0 group 4 at 5.0 ppm; Brassica, head and comments on the pesticide draft science ppm; olive, oil at 9.0 ppm; strawberry, stem, subgroup 5A at 3.0 ppm; Brassica, guidance document entitled bearberry, bilberry, lowbush blueberry, leafy greens, subgroup 5B at 16.0 ppm; ‘‘Implementation of the Emerging cloudberry, cranberry, lingonberry, vegetables, fruiting, group 8 at 1.0 ppm; Pathogens and Disinfection Hierarchy muntries and partridge berry at 2.5 ppm. tomato, dried pomace at 2.5 ppm; for Antimicrobial Products.’’ This summary has been prepared by vegetable, cucurbit, group 9 at 0.2 ppm; DATES: Comments must be received on Nichino America, Inc., Wilmington, DE fruit, citrus, group 10 at 0.5 ppm; citrus, or before August 24, 2007. 19808, the registrant. The proposed oil at 4.0 ppm; fruit, pome, group 11 at ADDRESSES: Submit your comments, analytical method involves extraction, 0.5 ppm; fruit, stone, group 12 at 2.0 identified by docket identification (ID) partition, clean-up and detection of ppm; nut, tree, group 14 at 0.5 ppm; number EPA–HQ–OPP–2007–0086, by residues by gas chromatography using almond, hulls at 9.0 ppm; grape at 1.0 one of the following methods: nitrogen phosphorous detection. ppm; grape, raisin at 2.5 ppm; hop at • Federal eRulemaking Portal: http:// Contact: Susan Stanton; telephone 10.0 ppm; strawberry at 0.5 ppm; cattle, www.regulations.gov. Follow the on-line number: (703) 305–5218; e-mail address: goat, hog, sheep and horse, meat at 0.01 instructions for submitting comments. [email protected]. ppm; cattle, goat, hog, sheep and horse, • Mail: Office of Pesticide Programs 4. PP 7F7184. (Docket ID number fat at 0.01 ppm; cattle, goat, hog, sheep (OPP) Regulatory Public Docket (7502P), EPA–HQ–OPP–2007–00461). Syngenta and horse, liver at 0.01 ppm; cattle, goat, Environmental Protection Agency, 1200 Crop Protection, Inc., P.O. Box 18300, hog, sheep and horse, meat byproducts, Pennsylvania Ave., NW., Washington, Greensboro, NC 27419, proposes to except liver at 0.02 ppm. The residues establish a tolerance for residues of the DC 20460–0001. of spirotetramat and its metabolites • Delivery: OPP Regulatory Public fungicide mandipropamid, were quantified by high pressure liquid Docket (7502P), Environmental (benzeneacetamide, 4-chloro-N-[2-[3- chromatography/triple stage quadrupole methoxy-4-(2-propynyloxy) Protection Agency, Rm. S–4400, One mass spectrometry (LC-MS/MS) using Potomac Yard (South Bldg.), 2777 S. phenyl]ethyl]-alpha-(2-propynyloxy)) in the stable isotopically labeled analytes or on food commodity vegetables, leafy Crystal Dr., Arlington, VA. Deliveries as internal standards. The individual are only accepted during the Docket’s at 15 ppm. Analytical method RAM analyte residues were converted to 415–01 was developed for normal hours of operation 8:30 a.m. to spirotetramat molar equivalents and 4 p.m., Monday through Friday, determination of mandipropamid summed to give total spirotetramat residues in crops. This method involves excluding legal holidays. Special residues. The LOQ for each analyte was arrangements should be made for extraction of mandipropamid residues 0.01 ppm for all commodities except from crop samples by homogenization deliveries of boxed information. The citrus (0.05 ppm) and hops (0.1 ppm). Docket Facility telephone number is with acetonitrile: Water (80:20 v/v). Contact: Rita Kumar, telephone number: Extracts are centrifuged and aliquots (703) 305–5805. (703) 308–8291; e-mail address: Instructions: Direct your comments to diluted with water prior to being [email protected]. cleaned-up using polymeric solid-phase docket ID number EPA–HQ–OPP–2007– extraction cartridges. Residues of List of Subjects 0086. EPA’s policy is that all comments received will be included in the docket mandipropamid are quantified using Environmental protection, high performance liquid without change and may be made Agricultural commodities, Feed chromatography with triple quadruple available on-line at http:// additives, Food additives, Pesticides mass spectrometric detection (LC-MS/ www.regulations.gov, including any and pests, Reporting and recordkeeping MS). This method has been successfully personal information provided, unless requirements. validated at an independent facility and the comment includes information therefore is suitable for use as the Dated: June 28, 2007. claimed to be Confidential Business enforcement method for the Lois Rossi, Information (CBI) or other information determination of residues of Director, Registration Division, Office of whose disclosure is restricted by statute. mandipropamid in crops. The multi- Pesticide Programs. Do not submit information that you consider to be CBI or otherwise residue method was not successful at [FR Doc. E7–14058 Filed 7–24–07; 8:45 am] determining residues of protected through regulations.gov or e- BILLING CODE 6560–50–S mandipropamid. Contact: Rosemary mail. The Federal regulations.gov Web Kearns; telephone number: (703) 305– site is an ‘‘anonymous access’’ system, which means EPA will not know your 5611; e-mail address: ENVIRONMENTAL PROTECTION identity or contact information unless [email protected]. AGENCY 5. PP 6F7119. (Docket ID number you provide it in the body of your EPA–HQ–OPP–2007–00475). Bayer comment. If you send an e-mail CropScience LLC, 2 T. W. Alexander [EPA–HQ–OPP–2007–0086; FRL–8134–2] comment directly to EPA without going through regulations.gov, your e-mail Dr., Research Triangle Park, NC 27709, Implementation of the Emerging address will be automatically captured proposes to establish a tolerance for Pathogens and Disinfection Hierarchy residues of the insecticide spirotetramat, and included as part of the comment for Antimicrobial Products; Notice of cis-3-(2,5-dimethylphenyl)-8-methoxy- that is placed in the docket and made Availability 2-oxo-1-azaspiro[4.5]dec-3-en-4-yl ethyl available on the Internet. If you submit carbonate and its metabolite cis-3-(2,5- AGENCY: Environmental Protection an electronic comment, EPA dimethylphenyl)-4-hydroxy-8-methoxy- Agency (EPA). recommends that you include your 1-azaspiro[4.5]dec-3-en-2-one], name and other contact information in ACTION: Notice. calculated as spirotetramat equivalents the body of your comment and with any

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disk or CD-ROM you submit. If EPA assist you and others in determining II. What Action is the Agency Taking? cannot read your comment due to whether this action might apply to There is a growing need for the public technical difficulties and cannot contact certain entities. To determine whether health community to recognize and you for clarification, EPA may not be you or your business may be affected by respond to unique threats from newly- able to consider your comment. this action, you should carefully identified microbial pathogens (e.g., Electronic files should avoid the use of examine the applicability provisions in severe acute respiratory syndrome special characters, any form of the Federal Insecticide, Fungicide, and (SARS Co-V) and re-emerging infectious encryption, and be free of any defects or Rodenticide Act (FIFRA) as amended by disease agents of importance (e.g., viruses. the Food Quality Protection Act (FQPA) Vancomycin-Resistant Staphylococcus Docket: All documents in the docket of August 3, 1996 Section 2(u). If you aureus (VRSA)). Based upon are listed in the docket index available have any questions regarding the contemporary understanding of the in regulations.gov. To access the applicability of this action to a physiochemical structure of electronic docket, go to: http:// particular entity, consult the person microorganisms and their respective www.regulations.gov, select ‘‘Advanced listed under FOR FURTHER INFORMATION inactivation kinetics, microorganisms Search,’’ then ‘‘Docket Search.’’ Insert CONTACT. can be ranked with respect to their the docket ID number where indicated susceptibility to hard surface and select the ‘‘Submit’’ button. Follow B. What Should I Consider as I Prepare the instructions on the regulations.gov My Comments for EPA? disinfectants. The guidance proposes to utilize an web site to view the docket index or 1. Submitting CBI. Do not submit this organism hierarchy to identify products access available documents. Although information to EPA through for use with emerging pathogens and to listed in the index, some information is regulations.gov or e-mail. Clearly mark permit registrants, in accordance with not publicly available, e.g., CBI or other the part or all of the information that EPA regulations, to make limited label information whose disclosure is you claim to be CBI. For CBI statements. The guidance applies only restricted by statute. Certain other information in a disk or CD ROM that material, such as copyrighted material, to emerging enveloped and non- you mail to EPA, mark the outside of the enveloped viruses and may be is not placed on the Internet and will be disk or CD ROM as CBI and then publicly available only in hard copy implemented after the Centers for identify electronically within the disk or Disease Control and Prevention has form. Publicly available docket CD ROM the specific information that is materials are available either in the identified the taxonomic genera of the claimed as CBI. In addition to one emerging virus. Limitations, label electronic docket at http:// complete version of the comment that www.regulations.gov, or, if only recommendations and the process for includes information claimed as CBI, a implementation are discussed in detail available in hard copy, at the OPP copy of the comment that does not Regulatory Public Docket in Rm. S– in the supporting guidance document. contain the information claimed as CBI The supporting implementation 4400, One Potomac Yard (South Bldg.), must be submitted for inclusion in the 2777 S. Crystal Dr., Arlington, VA. The guidance is available in the docket at public docket. Information so marked EPA–HQ–OPP–2007–0086. hours of operation of this Docket will not be disclosed except in Facility are from 8:30 a.m. to 4 p.m., accordance with procedures set forth in List of Subjects Monday through Friday, excluding legal 40 CFR part 2. Environmental protection, Pesticides holidays. The Docket Facility telephone 2. Tips for preparing your comments. and pests, Disinfection hierarchy, number is (703) 305–5805. When submitting comments, remember Emerging pathogens, Antimicrobial FOR FURTHER INFORMATION CONTACT: to: products. Laura Bailey, Antimicrobials Division i. Identify the document by docket ID (7510P), Office of Pesticide Programs, number and other identifying Dated: July 13, 2007. Environmental Protection Agency, 1200 information (subject heading, Federal Betty Shackleford, Pennsylvania Ave., NW., Washington, Register date, and page number). Acting Director, Antimicrobials Division, DC 20460–0001; telephone number: ii. Follow directions. The Agency may Office of Pesticide Programs. (703) 308–6212; fax number: (703) 308- ask you to respond to specific questions [FR Doc. E7–14292 Filed 7–24–07; 8:45 am] 6467; e-mail address: or organize comments by referencing a BILLING CODE 6560–50–S [email protected]. Code of Federal Regulations (CFR) part or section number. SUPPLEMENTARY INFORMATION: iii. Explain why you agree or disagree; FEDERAL COMMUNICATIONS I. General Information suggest alternatives and substitute COMMISSION language for your requested changes. A. Does this Action Apply to Me? iv. Describe any assumptions and Notice of Public Information You may be potentially affected by provide any technical information and/ Collection(s) Being Reviewed by the this action if you formulate or market or data that you used. Federal Communications Commission pesticide products. Potentially affected v. If you estimate potential costs or for Extension Under Delegated entities may include, but are not limited burdens, explain how you arrived at Authority to: your estimate in sufficient detail to Antimicrobial pesticides (NAICS allow for it to be reproduced. July 18, 2007. 325612) vi. Provide specific examples to SUMMARY: The Federal Communications This listing is not intended to be illustrate your concerns and suggest Commission, as part of its continuing exhaustive, but rather provides a guide alternatives. effort to reduce paperwork burdens, for readers regarding entities likely to be vii. Explain your views as clearly as invites the general public and other affected by this action. Other types of possible, avoiding the use of profanity Federal agencies to take this entities not listed in this unit could also or personal threats. opportunity to (PRA) of 1995 (PRA), be affected. The North American viii. Make sure to submit your Public Law 104–13. An agency may not Industrial Classification System comments by the comment period conduct or sponsor a collection of (NAICS) codes have been provided to deadline identified. information unless it displays a

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currently valid control number. Subject Privacy Impact Assessment: No services, using actual costs where to the PRA, no person shall be subject impact(s). applicable. to any penalty for failing to comply with Nature and Extent of Confidentiality: Federal Communications Commission. No need for confidentiality required. a collection of information that does not Marlene H. Dortch, display a valid control number. Needs and Uses: 47 CFR 76.934(e) Secretary. Comments are requested concerning (a) states that small cable systems may whether the proposed collection of obtain an extension of time to establish [FR Doc. E7–14380 Filed 7–24–07; 8:45 am] information is necessary for the proper compliance with rate regulations BILLING CODE 6712–01–P performance of the functions of the provided that they can demonstrate that Commission, including whether the timely compliance would result in FEDERAL COMMUNICATIONS information shall have practical utility; severe economic hardship. Requests for COMMISSION (b) the accuracy of the Commission’s the extension of time should be burden estimate; (c) ways to enhance addressed to the local franchising Notice of Public Information the quality, utility, and clarity of the authorities (‘‘LFAs’’) concerning rates Collection(s) Being Reviewed by the information collected; and (d) ways to for basic service tiers and the Federal Communications Commission, minimize the burden of the collection of Commission concerning rates for a cable Comments Requested information on the respondents, programming service tier (CPST) and including the use of automated associated equipment. The filing of a July 18, 2007. collection techniques or other forms of request for an extension of time to SUMMARY: The Federal Communications information technology. comply with the rate regulations will Commission, as part of its continuing DATES: Written PRA comments should not toll the effective date of rate effort to reduce paperwork burdens, be submitted on or before September 24, regulation for small systems or alter invites the general public and other 2007. If you anticipate that you will be refund liability for rates that exceed Federal agencies to take this submitting comments, but find it permitted levels after May 15, 1994. opportunity to (PRA) of 1995 (PRA), difficult to do so within the period of Since the Commission no longer Public Law. 104–13. An agency may not time allowed by this notice, you should regulates the CPST, it no longer receives conduct or sponsor a collection of advise the contact listed below as soon extension requests. information unless it displays a as possible. OMB Control Number: 3060–0688. currently valid control number. Subject Title: Abbreviated Cost-of-Service ADDRESSES: to the PRA, no person shall be subject You may submit all PRA Filing for Cable Network Upgrades. comments by e-mail or U.S. post mail. to any penalty for failing to comply with Form Number: FCC Form 1235. a collection of information that does not To submit your comments by e-mail, Type of Review: Extension of a send them to [email protected]. To submit display a valid control number. currently approved collection. Comments are requested concerning (a) your comments by U.S. mail, mark them Respondents: Business or other for- to the attention of Cathy Williams, whether the proposed collection of profit entities; State, local, or tribal information is necessary for the proper Federal Communications Commission, government. Room 1–C823, 445 12th Street, SW., performance of the functions of the Number of Respondents: 50. Commission, including whether the Washington, DC 20554 or via Internet at Estimated Time per Response: 10 to [email protected], and to Jasmeet information shall have practical utility; 20 hours. (b) the accuracy of the Commission’s Seehra, Office of Management and Frequency of Response: On occasion burden estimate; (c) ways to enhance Budget (OMB), Room 10236 NEOB, 725 reporting requirement. the quality, utility, and clarity of the 17th Street, NW., Washington, DC 20503 Obligation to Respond: Required to information collected; and (d) ways to or via Internet at obtain or retain benefits. Jasmeet [email protected]. Total Annual Burden: 750 hours. minimize the burden of the collection of information on the respondents, FOR FURTHER INFORMATION CONTACT: For Total Annual Cost: None. including the use of automated additional information about the Nature and Extent of Confidentiality: collection techniques or other forms of information collection(s), contact Cathy No need for confidentiality required. information technology. Williams at (202) 418–2918 or send an Privacy Impact Assessment: No DATES: e-mail to [email protected]. impact(s). Written PRA comments should Needs and Uses: FCC Form 1235 is an be submitted on or before September 24, SUPPLEMENTARY INFORMATION: 2007. If you anticipate that you will be OMB Control Number: 3060–0609. abbreviated cost-of-service filing for submitting comments, but find it Title: Section 76.934(e), Petitions for significant network upgrades that allows difficult to do so within the period of Extension of Time. cable operators to justify rate increases time allowed by this notice, you should Form Number: Not applicable. related to capital expenditures used to Type of Review: Extension of a improve rate-regulated cable services. advise the contact listed below as soon currently approved collection. FCC Form 1235 is filed following the as possible. Respondents: Business or other for- end of the month in which upgraded ADDRESSES: You may submit all PRA profit entities; State, local or tribal cable services become available and are comments by e-mail or U.S. post mail. government. providing benefits to subscribers. In To submit your comments by e-mail, Number of Respondents: 20. addition, FCC Form 1235 can be filed send them to [email protected]. To submit Estimated Time per Response: 4 for pre-approval any time prior to the your comments by U.S. mail, mark them hours. upgrade services becoming available to to the attention of Cathy Williams, Frequency of Response: On occasion subscribers using projected upgrade Federal Communications Commission, reporting requirement; third party costs. If the pre-approval option is Room 1–C823, 445 12th Street, SW., disclosure requirement. exercised, the operator must file the Washington, DC 20554 or via Internet at Obligation to Respond: Required to form again following the end of the [email protected], and to Jasmeet obtain or retain benefits. month in which upgraded cable services Seehra, Office of Management and Total Annual Burden: 80 hours. become available and are providing Budget (OMB), Room 10236 NEOB, 725 Total Annual Cost: None. benefits to customers of regulated 17th Street, NW., Washington, DC 20503

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or via Internet at Jasmeet invites the general public and other Respondents: Business or other for- [email protected]. Federal agencies to take this profit, not-for-profit institutions, Federal FOR FURTHER INFORMATION CONTACT: For opportunity to comment on the Government, and state, local and tribal additional information about the following information collection(s), as government. Number of Respondents: 6,421 information collection(s), contact Cathy required by the Paperwork Reduction respondents; 6,421 responses. Williams at (202) 418–2918 or send an Act (PRA) of 1995, Public Law 104–13. Estimated Time per Response: 10 e-mail to [email protected]. An agency may not conduct or sponsor a collection of information unless it hours. SUPPLEMENTARY INFORMATION: displays a currently valid control Frequency of Response: On occasion OMB Control Number: 3060–0500. number. No person shall be subject to reporting requirement and third party Title: Section 76.1713, Resolution of any penalty for failing to comply with disclosure requirement. Complaints. a collection of information subject to the Obligation to Respond: Required to Form Number: Not applicable. obtain or retain benefits. Type of Review: Extension of a Paperwork Reduction Act (PRA) that does not display a valid control number. Total Annual Burden: 571,350 hours. currently approved collection. Total Annual Cost: N/A. Comments are requested concerning (a) Respondents: Business or other for- Privacy Act Impact Assessment: N/A. profit entities. whether the proposed collection of Nature and Extent of Confidentiality: Number of Respondents: 10,750. information is necessary for the proper There is no need for confidentiality. Estimated Time per Response: 17 performance of the functions of the Needs and Uses: The Commission hours. Commission, including whether the will submit this extension to the OMB Frequency of Response: information shall have practical utility; after this 60-day comment period to Recordkeeping requirement; Once a year (b) the accuracy of the Commission’s obtain the full three-year clearance from reporting requirement; Third party burden estimate; (c) ways to enhance them. There is no change in the number disclosure requirement. the quality, utility, and clarity of the of respondents, responses, and/or Obligation to Respond: Required to information collected; and (d) ways to burden hours. obtain or retain benefits. minimize the burden of the collection of On October 2000, the Federal Total Annual Burden: 182,750 hours. information on the respondents, Communications Commission adopted Total Annual Cost: None. including the use of automated and released several rulemakings to Privacy Impact Assessment: No collection techniques or other forms of foster competition in local impact(s). information technology. communications markets by Nature and Extent of Confidentiality: DATES: Written Paperwork Reduction implementing measures to ensure that There is no need for confidentiality Act (PRA) comments should be competing telecommunications required for this information collection. submitted on or before September 24, providers are able to provide services to Needs and Uses: 47 CFR 76.1713 2007. If you anticipate that you will be customers in multiple tenant states cable system operators shall submitting PRA comments, but find it environments (‘‘MTEs’’). establish a process for resolving difficult to do so within the period of Specifically, the rulemakings require complaints from subscribers about the time allowed by this notice, you should the following: (1) Prohibited carriers quality of the television signal advise the FCC contact listed below as from entering into contracts that restrict delivered. Aggregate data based upon soon as possible. or effectively restrict a property owner’s these complaints shall be made ADDRESSES: Direct all PRA comments to ability to permit entry by competing available for inspection by the Jasmeet K. Seehra, Office of carriers; (2) established procedures to Commission and franchising authorities, Management and Budget, Room 10236 facilitate moving the demarcation point upon request. These records shall be NEOB, Washington, DC 20503, (202) to the minimum point of entry maintained for at least a one-year 395–3123, or via fax at 202–395–5167 or (‘‘MPOE’’) at the building owner’s period. Prior to being referred to the via Internet at request, and requires incumbent local Commission, complaints from [email protected] and to exchange carriers (‘‘LECs’’) to timely subscribers about the quality of the [email protected], Federal disclose the location of existing television signal delivered must be Communications Commission, Room 1– demarcation points where they are not referred to the local franchising B441, 445 12th Street, SW., DC 20554 or located a the MPOE; (3) determined authority and the cable system operator. an e-mail to [email protected]. If you would that, under Section 224 of the Federal Communications Commission. like to obtain or view a copy of this Communications Act, utilities, Marlene H. Dortch, information collection after the 60 day including LECs, must afford telecommunications carriers and cable Secretary. comment period, you may do so by service providers reasonable and [FR Doc. E7–14381 Filed 7–24–07; 8:45 am] visiting the FCC PRA Web page at: http://www.fcc.gov/omd/pra. nondiscriminatory access to conduits BILLING CODE 6712–01–P and right-of-way located in customer FOR FURTHER INFORMATION CONTACT: For buildings and campuses, to the extent additional information or copies of the such conduits and rights-of-way are FEDERAL COMMUNICATIONS information collection(s), contact Judith owned or controlled by the utility; and COMMISSION B. Herman at 202–418–0214 or via the (4) extended to antennas that receive Internet at [email protected]. Notice of Public Information and transmit telecommunications and SUPPLEMENTARY INFORMATION: Collection(s) Being Submitted for other fixed wireless signals the existing Review to the Office of Management OMB Control Number: 3060–0975. prohibition of restrictions that impair and Budget Title: Promotion of Competitive the installation, maintenance or use of Networks in Local Telecommunications certain video antennas on property July 17, 2007. Networks. within the exclusive use or control of SUMMARY: The Federal Communications Form No.: N/A. the antenna user, where the user has a Commission, as part of its continuing Type of Review: Extension of a direct or indirect ownership or effort to reduce paperwork burden currently approved collection. leasehold interest in the property.

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The demarcation point burden the state of the market. In short, this FEDERAL MARITIME COMMISSION consists of two components. (1) The information will be used to foster LEC shall make available information on competition in local Ocean Transportation Intermediary the location of demarcation point within telecommunications markets by License Applicants ten business days of a request from the ensuring that competing premises owner (location information); telecommunications providers are able Notice is hereby given that the and (2) At the time of installation, the to provide services to customers in following applicants have filed with the LEC shall fully inform the premises multiple tenant environments (MTEs). Federal Maritime Commission an owner of its options and rights regarding Federal Communications Commission. application for license as a Non-Vessel the placement of the demarcation point Marlene H. Dortch, Operating Common Carrier and Ocean or points (options information). Freight Forwarder—Ocean The OTARD portion of this Secretary. [FR Doc. E7–14382 Filed 7–24–07; 8:45 am] Transportation Intermediary pursuant to information collection relates to the section 19 of the Shipping Act of 1984 revisions of the Commission’s rules BILLING CODE 6712–01–P as amended (46 U.S.C. Chapter 409 and regarding Over-the-Air Reception 46 CFR part 515). Devices (‘‘OTARDs’’), 47 CFR 1.4000. Under those revisions, as a condition of FEDERAL MARITIME COMMISSION Persons knowing of any reason why invoking protection under 47 CFR the following applicants should not 1.4000 from government, landlord, and Notice of Agreements Filed receive a license are requested to association restrictions, a licensee must The Commission hereby gives notice contact the Office of Transportation ensure that subscriber antennas are of the filing of the following agreements Intermediaries, Federal Maritime labeled to give notice of potential radio under the Shipping Act of 1984. Commission, Washington, DC 20573. frequency safety hazards of these Interested parties may submit comments antennas. Labeling information should Non-Vessel Operating Common Carrier on agreements to the Secretary, Federal include minimum separation distances Ocean Transportation Intermediary Maritime Commission, Washington, DC required between users and radiating Applicants 20573, within ten days of the date this antennas to meet the Commission’s notice appears in the Federal Register. EZ Logistics Group, Inc., 17890 radio frequency exposure guidelines. Copies of agreements are available Labels should also reference to the Castleton Street, Suite 306, City of through the Commission’s Office of Commission’s applicable radio Industry, CA 91748. Officer: Zhao Agreements (202–523–5793 or frequency exposure guidelines and Gang Zhong, President (Qualifying should use the ANSI-specified warning [email protected]). Individual). symbol for frequency exposure. In Agreement No.: 011960–001. ACT Shipping, Inc., 15204 S. Berando addition, the instruction manuals and Title: The New World Alliance Ave., Suite #7, Garena, CA 90247. other information accompanying Agreement. Officer: Dan S. Quan, President Parties: American President Lines, subscriber transceivers should include a (Qualifying Individual). full explanation of the labels, as well as Ltd. and APL Co. Pte, Ltd. (‘‘APL’’); a reference to the applicable Hyundai Merchant Marine Co., Ltd. Hisped Trans Service Inc., 750 Arthur Commission radiofrequency exposure (‘‘HMM’’); and Mitsui O.S.K. Lines, Ltd. Avenue, Elk Grove Village, IL 60007. guidelines. Filing Party: David B. Cook, Esq.; Officer: Kyo Hyon Kim, President The availability of this information Goodwin Procter LLP; 901 New York (Qualifying Individual). will give notice to the public— Avenue, NW; Washington, DC 20001. Rapido Express Envios, 35 Beacon particularly to purchasers of OTARD Synopsis: The amendment would add Blvd., Miami, FL 33135. Officer: dishes—of potential radiofrequency provisions authorizing APL to Mario M. Morales, President safety hazards of OTARD antennas used subcharter space to CMA CGM, S.A. and (Qualifying Individual). for telecommunications service. Thus, HMM to subcharter space to the this information will help ensure that Evergreen Line Joint Service Agreement. Expolanka USA LLC, 175–11, 148th Rd., Ste. 202, Jamaica, NY 11434. Officers: these antennas comply with the Agreement No.: 011982–002. Commission’s limits on radio frequency Title: Evergreen Line Joint Service Simon Tung, Member (Qualifying exposure. Agreement. Individual), Chandana J. Rodrigo, This information will facilitate Parties: Evergreen Marine Corp. CEO/Member. efficient interaction between premises (Taiwan) Ltd.; Evergreen Marine (UK) Non-Vessel Operating Common Carrier owners and LECs regarding the Ltd.; Italia Marittima S.p.A.; and and Ocean Freight Forwarder placement of the demarcation point, Evergreen Marine (Hong Kong) Ltd. which marks the end of wiring under Transportation Intermediary Filing Party: Paul M. Keane, Esq.; 61 Applicants control of the LEC and the beginning of Broadway; Suite 3000; New York, NY wiring under the control of the premises 10006–2802. Majic Transport, Inc., La Calle S. Del owner or subscriber. The demarcation Synopsis: The amendment removes Palmar #P–11,Reparto Flamingo, point is a critical point of the footnote indicating that Evergreen Bayamon, Puerto Rico. Officers: interconnection where competitive Marine (Hong Kong) will operate solely Antonio Pabon Urrutia, Vice LECs can gain access to the inside in non-U.S. trades. President (Qualifying Individual), wiring of the building to provide service to customers in the building. This By Order of the Federal Maritime Carlos Padial, President. Commission. collection will also help ensure that Dated: July 20, 2007. Dated: July 20, 2007. customer-end antennas used for Bryant L. VanBrakle, Bryant L. VanBrakle, telecommunications service comply Secretary. Secretary. with the Commission’s limits on radio [FR Doc. E7–14399 Filed 7–24–07; 8:45 am] frequency exposure, and it will provide [FR Doc. E7–14395 Filed 7–24–07; 8:45 am] BILLING CODE 6730–01–P the Commission with information on BILLING CODE 6730–01–P

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DEPARTMENT OF HEALTH AND send comments to Maryam I. Daneshvar, (1) retail food establishments, where the HUMAN SERVICES CDC Acting Reports Clearance Officer, majority of foodborne illness outbreaks 1600 Clifton Road, MS–D74, Atlanta, originate, (2) public and non-public Office of the Secretary GA 30333 or send an e-mail to water systems, representing possible [email protected]. sources of waterborne illness, and (3) Notice of Interest Rate on Overdue Comments are invited on: (a) Whether food and water safety program Debts the proposed collection of information regulators, who are responsible for food Section 30.13 of the Department of is necessary for the proper performance and water safety. Health and Human Services’ claims of the functions of the agency, including EHS–Net will conduct three food collection regulations (45 CFR Part 30) whether the information shall have safety projects with all nine EHS-Net provides that the Secretary shall charge practical utility; (b) the accuracy of the states per year. There will be up to 900 an annual rate of interest as fixed by the agency’s estimate of the burden of the respondents for each project Secretary of the Treasury after taking proposed collection of information; (c) (total=2,700). Additionally, each EHS– into consideration private consumer ways to enhance the quality, utility, and Net state will conduct at least one rates of interest prevailing on the date clarity of the information to be individual food safety project, with up that HHS becomes entitled to recovery. collected; and (d) ways to minimize the to 250 respondents for each project The rate generally cannot be lower than burden of the collection of information (total=2,250). Approximately three- the Department of Treasury’s current on respondents, including through the fourths of the respondents for these value of funds rate or the applicable rate use of automated collection techniques projects will be retail food service determined from the ‘‘Schedule of or other forms of information workers; the remaining will be food Certified Interest Rates with Range of technology. Written comments should safety program regulators. Thus, there Maturities.’’ This rate may be revised be received within 60 days of this will be approximately 3,713 retail food quarterly by the Secretary of the notice. service worker and 1,237 food safety Treasury and shall be published Proposed Project program regulator respondents to EHS– quarterly by the Department of Health Net food safety projects annually. Each Environmental Health Specialists respondent will respond only once and and Human Services in the Federal Network (EHS–NET) Program—New— Register. the average burden per response will be National Center for Environmental approximately 90 minutes. The The Secretary of the Treasury has Health (NCEH), Centers for Disease 5 estimated total annual burden for EHS– certified a rate of 12 ⁄8% for the quarter Control and Prevention (CDC). ended June 30, 2007. This interest rate Net food safety projects is 5,570 hours will remain in effect until such time as Background and Brief Description for retail food service workers and 1,856 the Secretary of the Treasury notifies The CDC is requesting OMB approval hours for food safety program regulators. HHS of any change. for a research program focused on Five EHS–Net states (California, Dated: July 17, 2007. identifying the environmental causes of Georgia, Minnesota, New York, and Jean Augustine, food and waterborne illness and Tennessee) have funding to study water safety; EHS–Net will conduct three Director, Office of Financial Policy and improving environmental public health Reporting. practice. This research program is water safety projects with these five states per year. There will be up to 375 [FR Doc. 07–3628 Filed 7–24–07; 8:45 am] conducted by the Environmental Health respondents for each project BILLING CODE 4150–04–M Specialists Network (EHS–Net), a collaborative project of CDC, the U.S. (total=1,875). Additionally, each EHS– Food and Drug Administration (FDA), Net water state will conduct at least one DEPARTMENT OF HEALTH AND the U.S. Department of Agriculture individual water safety project, with up HUMAN SERVICES (USDA), the U.S. Environmental to 250 respondents for each project Protection Agency (U.S.EPA), and nine (total=1,250). Approximately three- Centers for Disease Control and states (California, Connecticut, Georgia, fourths of the respondents for these Prevention Iowa, New York, Minnesota, Oregon, projects will be water system operators; Rhode Island, and Tennessee). The the remaining will be water safety [60Day–07–07BH] network consists of environmental program regulators. Thus, there will be approximately 1,781 water system Proposed Data Collections Submitted health professionals, epidemiologists, operator and 594 water safety program for Public Comment and and laboratorians. regulator respondents to EHS-Net water Recommendations EHS–Net plans to conduct approximately twenty applied research safety projects annually. Each In compliance with the requirement projects per year. These research respondent will respond only once and of Section 3506(c)(2)(A) of the projects will focus on identifying and the average burden per response will be Paperwork Reduction Act of 1995 for understanding environmental factors approximately 90 minutes. The opportunity for public comment on associated with food and waterborne estimated total annual burden for EHS– proposed data collection projects, the illness, such as poor food and water Net water safety projects is 2,672 hours Centers for Disease Control and handling practices. These projects will for water system operators and 891 Prevention (CDC) will publish periodic also focus on evaluation of food and hours for water safety program summaries of proposed projects. To water safety regulatory programs. Data regulators. The total annual burden for request more information on the collection for these projects may involve all EHS–Net projects is expected to be proposed projects or to obtain a copy of (1) surveys, (2) observations, and (3) approximately 10,987 hours. the data collection plans and food, water, and environmental There is no cost to the respondents instruments, call 404–639–5960 and sampling. Data may be collected from other than their time.

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ANNUALIZED BURDEN HOURS

Average Number of Number of burden Total burden Respondents respondents responses per per response (in hours) respondent (in hours)

Retail food service workers ...... 3,713 1 90/60 5,570 Food safety program regulators ...... 1,237 1 90/60 1,855 Water system operators ...... 1,781 1 90/60 2,671 Water safety program regulators ...... 594 1 90/60 891

Total ...... 10,987

Dated: July 18, 2007. comments be faxed to the Office of food products are safe. FDA’s mandate Maryam I. Daneshvar, Information and Regulatory Affairs, to ensure the safety of the Nation’s food Acting Reports Clearance Officer, Centers for OMB, Attn: FDA Desk Officer, FAX: supply is derived principally from the Disease Control and Prevention. 202–395–6974, or e-mailed to Federal Food, Drug, and Cosmetic Act [FR Doc. E7–14389 Filed 7–24–07; 8:45 am] [email protected]. All comments (the act) (21 U.S.C. 321, et seq.). Under BILLING CODE 4163–18–P should be identified with the OMB the act, FDA has authority to ensure that control number 0910–0466. Also all foods in interstate commerce, or that include the FDA docket number found have been shipped in interstate DEPARTMENT OF HEALTH AND in brackets in the heading of this commerce, are not contaminated or HUMAN SERVICES document. otherwise adulterated, are produced and FOR FURTHER INFORMATION CONTACT: held under sanitary conditions, and are Food and Drug Administration Jonna Capezzuto, Office of the Chief not misbranded or deceptively [Docket No. 2007N–0165] Information Officer (HFA–250), Food packaged; under section 701 (21 U.S.C. and Drug Administration, 5600 Fishers 371), the act authorizes the agency to Agency Information Collection Lane, Rockville, MD 20857, 301–827– issue regulations for its efficient Activities; Submission for Office of 4659. enforcement. The agency also has Management and Budget Review; authority under section 361 of the SUPPLEMENTARY INFORMATION: Comment Request; Hazard Analysis In Public Health Service Act (42 U.S.C. and Critical Control Point Procedures compliance with 44 U.S.C. 3507, FDA 264) to issue and enforce regulations to for the Safe and Sanitary Processing has submitted the following proposed prevent the introduction, transmission, collection of information to OMB for and Importing of Juice or spread of communicable diseases review and clearance. AGENCY: Food and Drug Administration, from one State to another State. HHS. Hazard Analysis and Critical Control Information development and Point Procedures for the Safe and recordkeeping are essential parts of any ACTION: Notice. Sanitary Processing and Importing of HACCP system. The information SUMMARY: The Food and Drug Juice—(OMB Control Number 0910– collection requirements are narrowly Administration (FDA) is announcing 0466)—Extension tailored to focus on the development of that a proposed collection of FDA’s regulations in part 120 (21 CFR appropriate controls and document information has been submitted to the part 120) mandate the application of those aspects of processing that are Office of Management and Budget hazard analysis and critical control critical to food safety. Through these (OMB) for review and clearance under point (HAACP) procedures to fruit and regulations, FDA is implementing its the Paperwork Reduction Act of 1995. vegetable juice processing. HACCP is a authority under section 402(a)(4) of the DATES: Fax written comments on the preventative system of hazard control act (21 U.S.C. 342(a)(4)). collection of information by August 24, that can be used by all food processors In the Federal Register of May 14, 2007. to ensure the safety of their products to 2007 (72 FR 27138), FDA published a ADDRESSES: To ensure that comments on consumers. A HACCP system of 60-day notice requesting public the information collection are received, preventive controls is the most effective comment on the information collection OMB recommends that written and efficient way to ensure that these provisions. No comments were received.

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Sections Recordkeepers of Recordkeeping Records Record Total Hours

120.6(c) and 120.12(a)(1) and (b) 1,875 365 684,375 0.1 68,437.5

120.7; 120.10(a); and 120.12(a)(2), (b), and (c) 2,300 1 .1 2,530 20 50,600

120.8(b)(7) and 120.12(a)(4)(i) and (b) 1,450 14,600 21,170,000 0 .01 211,700

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TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1—Continued

No. of Annual Frequency Total Annual Hours per 21 CFR Sections Recordkeepers of Recordkeeping Records Record Total Hours

120.10(c) and 120.12(a)(4)(ii) and (b) 1,840 12 22,080 0.1 2,208

120.11(a)(1)(iv) and (a)(2) and 120.12(a)(5) 1,840 52 95,680 0.1 9,568

120.11(b) and 120.12(a)(5) and (b) 1,840 1 1,840 4 7,360

120.11(c) and 120.12(a)(5) and (b) 1,840 1 1,840 4 7,360

120.14(a)(2), (c), and (d) 308 1 308 4 1,232

Total 358,466 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Table 1 of this document provides a DEPARTMENT OF HEALTH AND modifications of these services, based breakdown of the total estimated annual HUMAN SERVICES on customer input; (3) to develop new recordkeeping burden. FDA bases this services, based on customer need; and hour burden estimate on its experience National Institutes of Health 4) to evaluate the satisfaction of various with the application of HACCP Clinical Center customers and other Clinical Center; Submission for OMB principles in food processing. partners with implemented service Review; Comment Request Customer modifications. These surveys will The burden estimates in table 1 of this and Other Partners Satisfaction almost certainly lead to quality document are based on an estimate of Surveys improvement activities that will the total number of juice manufacturing enhance and/or streamline the Clinical plants (i.e., 2,300) affected by the SUMMARY: In compliance with the Center’s operations. The major regulations. Included in this total are requirement of Section 3507(A)(1)(D) of the Paperwork Reduction Act of 1995 mechanisms by which the Clinical 850 plants currently identified in FDA’s for the opportunity for pubic comment Center will request customer input is official establishment inventory plus on the proposed data collection projects, through surveys and focus groups. The 1,220 very small apple juice the Clinical Center (CC) of the National surveys will be tailored specifically to manufacturers and 230 very small Institutes of Health, (NIH) has submitted each class of customer and to that class orange juice manufacturers. The total to the Office of Management and Budget of customer’s needs. Surveys will either burden hours are derived by estimating (OMB) a request to review and approve be collected as written documents, as the number of plants affected by each the information collection listed below. faxed documents, mailed electronically portion of this final rule and This proposed information collection or collected by telephone from multiplying the corresponding number was previously published in the Federal customers. Information gathered from by the number of records required Register on May 9, 2007 (Volume 72, these surveys of Clinical Center annually and the hours needed to page 26400–26401) and allowed 60- customers and other partners will be complete the record. These numbers days for public comments. One presented to, and used directly by, were obtained from the agency’s final comment regarding resources required Clinical Center management to enhance regulatory impact analysis prepared for to conduct surveys was received during the services and operations of our these regulations. the 60-day comment period. The organization. Frequency of Response: Moreover, these estimates assume that purpose of this notice is to provide an The participants will respond yearly. Affected public: Individuals and every processor will prepare sanitary additional 30 days for public comment. 5 CFR 1320.5 Respondents to this households, businesses and other for standard operating procedures and a request for information collection profit, small businesses and HACCP plan and maintain the should not respond unless the request organizations. Types of respondents: associated monitoring records and that displays a currently valid OMB control These surveys are designed to assess the every importer will require product number. satisfaction of the Clinical Center’s safety specifications. In fact, there are Proposed Collection: Title: Generic major internal and external customers likely to be some small number of juice Clearance for Satisfaction Surveys of with the services provided. These processors that, based upon their hazard Customer and Other Partners. Type of customers include, but are not limited analysis, determine that they are not Information Collection Request: to, the following groups of individuals: required to have a HACCP plan under Reinstatement (OMB Control Number: Clinical Center patients, family these regulations. 0925–0458). Need and Use of members of Clinical Center patients, Dated: July 19, 2007. Information Collection: The information visitors to the Clinical Center, National collected in these surveys will be used Institutes of Health investigators, NIH Jeffrey Shuren, by Clinical Center personnel: (1) To intramural collaborators, private Assistant Commissioner for Policy. evaluate the satisfaction of various physicians or organizations who refer [FR Doc. E7–14403 Filed 7–24–07; 8:45 am] Clinical Center customers and other patients to the Clinical Center, BILLING CODE 4160–01–S partners with Clinical Center services; volunteers, vendors and collaborating (2) to assist with the design of commercial enterprises, small

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businesses, regulators, and other organizations. The annual reporting burden is as follows: FY 2007

Number of re- Frequency of Average time Annual hour Customer spondents response per response burden

Clinical Center Patients ...... 5000 1 .5 2500 Family Members of Patients ...... 2000 1 .5 1000 Visitors to the Clinical Center ...... 1000 1 .17 170 Clinical Center Employees ...... 2500 1 .25 625 NIH Investigators ...... 2000 1 .25 625 NIH Intramural Collaborators ...... 2000 1 .17 340 Vendors and Collaborating Commercial Enterprises ...... 2500 1 .33 833 Professionals and Organizations Referring Patients ...... 2000 1 .33 833 Regulators ...... 30 1 .33 10 Volunteers ...... 275 1 .5 138

Total ...... 19,305 ...... 7074

Estimated costs to the respondents plans and instruments, contact: Dr. Collection: Executive Order 12862 consists of their time; time is estimated David K. Henderson, Deputy Director directs agencies that provide significant using a rate of $10.00 per hour for for Clinical Care, National Institutes of services directly to the public to survey patients and the public; $30.00 for Health Clinical Center, Building 10, customers to determine the kind and vendors, regulators, organizations and Room 6–1480, 10 Center Drive, quality of services they want and their $55.00 for health care professionals. The Bethesda, Maryland 20892, or call non- level of satisfaction with existing estimated annual costs to respondents toll free: 301–496–3515, or e-mail your services. With this submission, the for FY 2007 for which the generic request or comments, including your National Institute of Child Health and clearance is requested is $159,250. address to: [email protected]. Human Development (NICHD), Office of Estimated Capital Costs are $7,000. Comments Due Date: Comments Science Policy, Analysis and Estimated Operating and Maintenance regarding this information collection are Communication (OSPAC), seeks to costs are $73,000. best assured of having their full effect if obtain OMB’s generic approval to Requests for Comments: Written received within 30 days of the date of conduct customer satisfaction surveys comments and/or suggestions from the this publication. surrounding its research programs and public and affected agencies are invited Dated: July 18, 2007. activities. on one or more of the following points: The NICHD was founded in 1963. Its (1) Whether the proposed collection of David K. Henderson, mission is to ensure, through research, information is necessary for the proper Deputy Director for Clinical Care, CC, the birth of healthy infants and the performance of the functions of the National Institutes of Health. opportunity for each to reach full Clinical Center and the agency, [FR Doc. E7–14364 Filed 7–24–07; 8:45 am] potential in adulthood, unimpaired by including whether the information shall BILLING CODE 4140–01–P physical or mental disabilities. The have practical utility; (2) The accuracy NICHD conducts and supports research of the agency’s estimate of the burden of on the many factors that protect and DEPARTMENT OF HEALTH AND the proposed collection of information, enhance the processes of human growth HUMAN SERVICES including the validity of the and development. The developmental methodology and assumptions used; (3) National Institutes of Health focus of the NICHD means that its Ways to enhance the quality, utility, and research portfolio is unusually broad. clarity of the information to be Proposed Collection; Comment NICHD programs include research on collected; and (4) Ways to minimize the Request; NICHD Research Partner infant mortality, birth defects, learning burden of the collection of information Satisfaction Surveys disorders, developmental disabilities, on those who are to respond, including vaccine development, and demographic the use of automated, electronic, SUMMARY: In compliance with the and behavioral sciences, among others. mechanical, or other technological requirement of Section 3506(c)(2)(A) of In addition to supporting laboratory collection techniques or other forms of the Paperwork Reduction Act of 1995, research, clinical trials, and information technology. for opportunity for public comment on epidemiological studies that explore Direct Comments to OMB: Written proposed data collection projects, the health processes, the NICHD comments and/or suggestions regarding National Institute of Child Health and disseminates information that emanates the item(s) contained in this notice, Human Development (NICHD), the from its research programs to its especially regarding the estimated National Institutes of Health (NIH) will customers, or those who are partners public burden and associated response publish periodic summaries of proposed with the Institute. This includes time, should be directed to the: Office projects to be submitted to the Office of scientists, practitioners, other health of Management and Budget, Office of Management and Budget (OMB) for professionals, and the public. Regulatory Affairs, New Executive review and approval. Survey information will augment the Office Building, Room 10235, Proposed Collection: Title: NICHD NICHD’s on-going efforts to assess their Washington, DC 20503, Attention: Desk Research Partner Satisfaction Surveys. research funding mechanisms, Officer for NIH. To request more Type of Information Collection Request: activities, and programs, as well as the information on the proposed project or RENEWAL of OMB Clearance 0925– information products that are used to to obtain a copy of the data collection 0532. Need and Use of Information disseminate research findings. Primary

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objectives are: (1) To identify opportunities and remove barriers; (2) applicants (both successful and opportunities and barriers to achieving target the NICHD’s research programs unsuccessful); clinicians and other scientific aims; (2) to learn about and activities to take advantage of health professionals; and actual or emerging scientific opportunities and emerging scientific opportunities and potential clinical trials participants. The unmet public health needs; (3) to meet public health needs related to its annual reporting burden is as follows: measure customer satisfaction with mission; (3) develop information Estimated Number of Respondents: information products; and (4) to identify products tailored to the NICHD 28,000; Estimated Number of Responses strengths and weaknesses of the audience; and (4) improve program per Respondent: 1; Average Burden NICHD’s program operations. The planning, management, and operations. Hours Per Response: Varies with survey OSPAC will use the survey results to Frequency of Response: Annual [As type, see below; and Estimated Total better respond to its customers, needed on an on-going and concurrent Annual Burden Hours Requested: 5,883. including its various partners in basis]. Affected Public: Members of the The annualized cost to respondents is research, and to improve the NICHD’s public, researchers, practitioners, and estimated at: $109,541.46. There are no research programs and activities. other health professionals. Type of Capital Costs to report. There are no Findings will help to: (1) Formulate Respondents: Members of the public; Operating or Maintenance Costs to strategies to help enhance research eligible grant applicants and actual report.

Estimated Estimated total Estimated number of Average annual burden Type of respondents number of responses per burden hours hours respondents respondent per response requested

Web-based ...... 24,000 1 0.167 4,008 .00 Telephone ...... 2,000 1 0.50 1,000 .00 Paper ...... 1,500 1 0.25 375 .00 In-person ...... 500 1 1.00 500.00

Total ...... 28,000 ...... 5,883 .00

Request for Comments: Written Dated: July 19, 2007. Community Disaster Loans; 97.031, Cora comments and/or suggestions from the Paul L. Johnson, Brown Fund Program; 97.032, Crisis public and affected agencies are invited Project Clearance Liaison, NICHD, National Counseling; 97.033, Disaster Legal Services on one or more of the following points: Institutes of Health. Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management (1) Whether the proposed collection of [FR Doc. E7–14366 Filed 7–24–07; 8:45 am] Assistance; 97.048, Individuals and information is necessary for the proper BILLING CODE 4140–01–P Households Housing; 97.049, Individuals and performance of the function of the Households Disaster Housing Operations; agency, including whether the 97.050, Individuals and Households information will have practical utility; DEPARTMENT OF HOMELAND Program—Other Needs; 97.036, Public (2) The accuracy of the agency’s SECURITY Assistance Grants; 97.039, Hazard Mitigation estimate of the burden of the proposed Grant Program.) collection of information, including the Federal Emergency Management R. David Paulison, validity of the methodology and Agency Administrator, Federal Emergency assumptions used; (3) Ways to enhance [FEMA–1699–DR] Management Agency. the quality, utility, and clarity of the [FR Doc. E7–14342 Filed 7–24–07; 8:45 am] information to be collected; and (4) Kansas; Amendment No. 11 to Notice BILLING CODE 9110–10–P Ways to minimize the burden of the of a Major Disaster Declaration collection of information on those who AGENCY: are to respond, including the use of Federal Emergency DEPARTMENT OF HOMELAND Management Agency, DHS. appropriate automated, electronic, SECURITY mechanical, or other technological ACTION: Notice. collection techniques or other forms of Federal Emergency Management SUMMARY: This notice amends the notice Agency information technology. of a major disaster for the State of Kansas (FEMA–1699–DR), dated May 6, FOR FURTHER INFORMATION CONTACT: To [FEMA–1711–DR] request more information on the 2007, and related determinations. proposed project, contact Paul L. EFFECTIVE DATE: July 13, 2007. Kansas; Amendment No. 2 to Notice of Johnson, NIH NICHD Office of Science FOR FURTHER INFORMATION CONTACT: a Major Disaster Declaration Policy, Analysis and Communication Peggy Miller, Disaster Assistance (OSPAC), 9000 Rockville Pike, Bldg. 31, Directorate, Federal Emergency AGENCY: Federal Emergency Rm. 2A–18, Bethesda, Maryland 20892– Management Agency, Washington, DC Management Agency, DHS. 2425, or call non-toll-free at 301–402– 20472, (202) 646–2705. ACTION: Notice. 3213. You may also e-mail your request SUPPLEMENTARY INFORMATION: Notice is to [email protected]. hereby given that the incident period for SUMMARY: This notice amends the notice Comments Due Date: Comments this declared disaster is now May 4, of a major disaster declaration for the regarding this information collection are 2007, through June 1, 2007. State of Kansas (FEMA–1711–DR), datedJuly 2, 2007, and related best assured of having their full effect if (The following Catalog of Federal Domestic determinations. received within 60-days of the date of Assistance Numbers (CFDA) are to be used this publication. for reporting and drawing funds: 97.030, EFFECTIVE DATE: July 13, 2007.

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FOR FURTHER INFORMATION CONTACT: Management Agency, Washington, DC emergency protective measures [Category B], Peggy Miller, Disaster Assistance 20472, (202) 646–2705. limited to direct Federal assistance under the Public Assistance program.) Directorate, Federal Emergency SUPPLEMENTARY INFORMATION: The notice Management Agency, Washington, DC of a major disaster declaration for the (The following Catalog of Federal Domestic 20472, (202) 646–2705. State of New York is hereby amended to Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, SUPPLEMENTARY INFORMATION: The notice include the following area among those Community Disaster Loans; 97.031, Cora of a major disaster declaration for the areas determined to have been adversely Brown Fund Program; 97.032, Crisis State of Kansas is hereby amended to affected by the catastrophe declared a Counseling; 97.033, Disaster Legal Services include the Hazard Mitigation Grant major disaster by the President in his Program; 97.034, Disaster Unemployment Program for the following areas among declaration of July 2, 2007. Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and those areas determined to have been Ulster County for Public Assistance. adversely affected by the catastrophe Households Housing; 97.049, Individuals and (The following Catalog of Federal Domestic Households Disaster Housing Operations; declared a major disaster by the Assistance Numbers (CFDA) are to be used President in his declaration of July 2, 97.050, Individuals and Households for reporting and drawing funds: 97.030, Program—Other Needs; 97.036, Public 2007. Community Disaster Loans; 97.031, Cora Assistance Grants; 97.039, Hazard Mitigation Brown Fund Program; 97.032, Crisis Labette County for Individual Assistance. Grant Program.) Counseling; 97.033, Disaster Legal Services Allen, Cowley, and Linn Counties for Program; 97.034, Disaster Unemployment R. David Paulison, Individual Assistance (already designated for Assistance (DUA); 97.046, Fire Management Administrator,Federal Emergency emergency protective measures [Category B], Assistance; 97.048, Individuals and Management Agency. limited to direct Federal assistance under the Households Housing; 97.049, Individuals and Public Assistance program.) Households Disaster Housing Operations; [FR Doc. E7–14348 Filed 7–24–07; 8:45 am] All counties within the State of Kansas are 97.050, Individuals and Households BILLING CODE 9110–10–P eligible to apply for assistance under the Program—Other Needs; 97.036, Public Hazard Mitigation Grant Program. Assistance Grants; 97.039, Hazard Mitigation Grant Program.) (The following Catalog of Federal Domestic DEPARTMENT OF HOMELAND Assistance Numbers (CFDA) are to be used R. David Paulison, SECURITY for reporting and drawing funds: 97.030, Administrator, Federal Emergency Federal Emergency Management Community Disaster Loans; 97.031, Cora Management Agency. Brown Fund Program; 97.032, Crisis Agency [FR Doc. E7–14345 Filed 7–24–07; 8:45 am] Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment BILLING CODE 9110–10–P [FEMA–1709–DR] Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Texas; Amendment No. 4 to Notice of Households Housing; 97.049, Individuals and DEPARTMENT OF HOMELAND a Major Disaster Declaration Households Disaster Housing Operations; SECURITY AGENCY: Federal Emergency 97.050, Individuals and Households Program—Other Needs; 97.036, Public Federal Emergency Management Management Agency, DHS. Assistance Grants; 97.039, Hazard Mitigation Agency ACTION: Notice. Grant Program.) [FEMA–1712–DR] SUMMARY: This notice amends the notice R. David Paulison, of a major disaster declaration for the Oklahoma; Amendment No. 2 to Notice Administrator,Federal Emergency State of Texas (FEMA–1709–DR), of a Major Disaster Declaration Management Agency. datedJune 29, 2007, and related [FR Doc. E7–14347 Filed 7–24–07; 8:45 am] AGENCY: Federal Emergency determinations. BILLING CODE 9110–10–P Management Agency, DHS. EFFECTIVE DATE: July 13, 2007. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND SUMMARY: This notice amends the notice Peggy Miller, Disaster Assistance SECURITY of a major disaster declaration for the Directorate, Federal Emergency State of Oklahoma (FEMA–1712–DR), Management Agency, Washington, DC Federal Emergency Management datedJuly 7, 2007, and related 20472, (202) 646–2705. Agency determinations. SUPPLEMENTARY INFORMATION: The notice [FEMA–1710–DR] EFFECTIVE DATE: July 13, 2007. of a major disaster declaration for the State of Texas is hereby amended to FOR FURTHER INFORMATION CONTACT: New York; Amendment No. 2 to Notice include the following areas among those Peggy Miller, Disaster Assistance of a Major Disaster Declaration areas determined to have been adversely Directorate, Federal Emergency affected by the catastrophe declared a AGENCY: Federal Emergency Management Agency, Washington, DC major disaster by the President in his Management Agency, DHS. 20472, (202) 646–2705. declaration of June 29, 2007. ACTION: Notice. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the Bosque, Collin, and Fannin Counties for SUMMARY: This notice amends the notice State of Oklahoma is hereby amended to Public Assistance. of a major disaster declaration for the include the following areas among those Cooke, Coryell, Grayson, and Lampasas State of New York (FEMA–1710–DR), areas determined to have been adversely Counties for Public Assistance (already designated for Individual Assistance and datedJuly 2, 2007, and related affected by the catastrophe declared a determinations. Public Assistance Category B [emergency major disaster by the President in his protective measures], limited to direct EFFECTIVE DATE: July 13, 2007. declaration of July 7, 2007. Federal assistance.) FOR FURTHER INFORMATION CONTACT: Nowata County for Individual Assistance. Burnett, Eastland, and Webb Counties for Peggy Miller, Disaster Assistance Comanche and Pottawatomie Counties for Public Assistance (already designated for Directorate, Federal Emergency Individual Assistance (already designated for Individual Assistance.)

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(The following Catalog of Federal Domestic Residents residing in the public the public and affecting agencies Assistance Numbers (CFDA) are to be used housing and Section 8 voucher concerning the proposed collection of for reporting and drawing funds: 97.030, programs will submit a HUD approval information to: (1) Evaluate whether the Community Disaster Loans; 97.031, Cora certification form that attest that the proposed collection of information is Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services individual is a victim of abuse and that necessary for the proper performance of Program; 97.034, Disaster Unemployment the incidences of abuse are bona fide. the functions of the agency, including Assistance (DUA); 97.046, Fire Management Without the certification, a PHA or whether the information will have Assistance; 97.048, Individuals and owner may terminate assistance. The practical utility; (2) Evaluate the Households Housing; 97.049, Individuals and information provided to the PHA and accuracy of the agency’s estimate of the Households Disaster Housing Operations; owner is confidential. burden of the proposed collection of 97.050, Individuals and Households DATES: Comments Due Date: August 24, information; (3) Enhance the quality, Program—Other Needs; 97.036, Public 2007. utility, and clarity of the information to Assistance Grants; 97.039, Hazard Mitigation be collected; and (4) Minimize the Grant Program.) ADDRESSES: Interested persons are invited to submit comments regarding burden of the collection of information R. David Paulison, this proposal. Comments should refer to on those who are to respond; including Administrator, Federal Emergency the proposal by name and/or OMB through the use of appropriate Management Agency. approval Number (2577–0249) and automated collection techniques or [FR Doc. E7–14343 Filed 7–24–07; 8:45 am] should be sent to: HUD Desk Officer, other forms of information technology, BILLING CODE 9110–10–P Office of Management and Budget, New e.g., permitting electronic submission of Executive Office Building, Washington, responses. DC 20503; fax: 202–395–6974. This notice also lists the following DEPARTMENT OF HOUSING AND FOR FURTHER INFORMATION CONTACT: information: URBAN DEVELOPMENT Lillian Deitzer, Departmental Reports Title of Proposal: Implementation of [Docket No. FR–5117–N–60] Management Officer, QDAM, the Violence Aagainst Women and Department of Housing and Urban Department of Justice Reauthorization Notice of Submission of Proposed Development, 451 Seventh Street, SW., Act of 2005. Information Collection to OMB; Washington, DC 20410; e-mail OMB Approval Number: 2577–0249. Implementation of the Violence [email protected] or Form Numbers: HUD–VAWA. Aagainst Women and Department of telephone (202) 708–2374. This is not a Description of the Need for the Justice Reauthorization Act of 2005 toll-free number. Copies of available Information and Its Proposed Use: documents submitted to OMB may be AGENCY: Office of the Chief Information Residents residing in the public housing obtained from Ms. Deitzer or from Officer, HUD. and Section 8 voucher programs will HUD’s Web site at http:// submit a HUD approval certification ACTION: Notice. www5.hud.gov:63001/po/i/icbts/ form that attests that the individual is a SUMMARY: The proposed information collectionsearch.cfm. victim of abuse and that the incidences collection requirement described below SUPPLEMENTARY INFORMATION: This of abuse are bona fide. Without the has been submitted to the Office of notice informs the public that the certification, a PHA or owner may Management and Budget (OMB) for Department of Housing and Urban terminate assistance. The information review, as required by the Paperwork Development has submitted to OMB a provided to the PHA and owner is Reduction Act. The Department is request for approval of the information confidential. soliciting public comments on the collection described below. This notice Frequency of Submission: Annually, subject proposal. is soliciting comments from members of Other one time.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 200 1 60 12,000

Total Estimated Burden Hours: DEPARTMENT OF HOUSING AND entitled Distributive Shares and Refund 12,000. URBAN DEVELOPMENT System (DSRS, A80D), is utilized to monitor, manage and distribute Status: Revision of a currently [Docket No. FR–5130–N–05] approved collection. unearned payment portions of Mortgage Privacy Act of 1974; New System of Insurance Premiums (MIP) to eligible Authority: Section 3507 of the Paperwork Records, Distributive Shares and homeowners. Reduction Act of 1995, 44 U.S.C. 35, as Refunds System (DSRS, A80D) amended. DATES: Effective Date: The action will be effective without further notice on Dated: July 19, 2007. AGENCY: Office of the Chief Information Office, HUD. August 24, 2007 unless comments are Lillian L. Deitzer, received that would result in a contrary ACTION: Departmental Paperwork Reduction Act Establish a new Privacy Act determination. Officer, Office of the Chief Information system of records. Comments Due Date: August 24, 2007. Officer. SUMMARY: HUD proposes to establish a ADDRESSES: Interested person and [FR Doc. E7–14402 Filed 7–24–07; 8:45 am] new system of records to add to its invited to submit comments regarding BILLING CODE 4210–67–P inventory of records subject to the this new system of records to the Rules Privacy Act of 1974 (5 U.S.C. 552a), as Docket Clerk, Office of General Counsel, amended. The proposed new system of Department of Housing and Urban records identified as HUD/HS–56, Development, 451 Seventh Street, SW.,

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Room 10276, Washington, DC 20410– Date, Termination Date; Financial data; index.cfm). At this site, homeowners 0500. Communication should refer to Correspondence data and other interested parties can the above docket number and title. determine if they have a refund/share Facsimile (FAX) comments are not AUTHORITY FOR MAINTENANCE OF THE SYSTEM: due; acceptable. A copy of each Section 203 of the National Housing (c) To the Financial Transaction communication submitted will be Act and Section 7(d) of the Department Repository—in order to record available for public inspection and of Housing and Urban Development Act; accounting transactions in the U.S. copying between 8 a.m. and 5 p.m. Public Law 89–174; 24 CFR 5.210, 24 General Ledger format. Summary weekdays at the above address. CFR 200.1101, 24 CFR 203.35; Debt information is case specific details Collection Act of 1982, Public Law 97– FOR FURTHER INFORMATION CONTACT: The (excluding SSN) are provided during the Departmental Privacy Act Officer, 365; Housing and Community financial and systems audits conducted telephone number (202) 708–2374 or Development Act of 1987, 42 U.S.C by the HUD OIG,CFO, and external Silas C. Vaughn, Chief, Disbursements & 3543 auditors for audit purposes; and, (d) To the U.S. Department of the Customer Services Branch, (202) 402– PURPOSE(S): 3545; Gabriella Scandone, Chief, Treasury—to issue payment to the Upon loan termination DSRS homeowner(s) and/or claimants. Systems Management Branch, (202) calculates the unearned portion of the 402–3545. (These are not toll free upfront MIP, and for eligible cases to POLICIES AND PRACTICES FOR STORING, numbers.) Telecommunication device distribute payments of the unearned RETRIEVING, ACCESSING, RETAINING, AND for hearing and speech-impaired portion of the upfront mortgage DISPOSING OF RECORDS IN THE SYSTEM: individuals (TTY) is available at (800) insurance premium to homeowners; and STORAGE: 877–8339 (Federal Information Relay serves as the repository of all non-claim Records are maintained on the Service). terminated loan data in the Federal mainframe and on microfilm, SUPPLEMENTARY INFORMATION: Title 5 Housing Administration’s (FHA) single microfiche, and CD. U.S.C. 552a (e)(4) and (11) provide that family guaranteed loan portfolio. DSRS the public be afforded a 30-day period receives information from the Single RETRIEVABILITY: in which to comment on the new record Family Insurance (SFIS–A–43) when the Records are retrieved by FHA case system. insurance is terminated. In number and for the webpage by an The new system report, as required by approximately 75 % of these situations, individual’s name. 5 U.S.C. 552a(r) of the Privacy Act was a refund is automatically made to the SAFEGUARDS: homeowner, for the remaining cases, submitted to the Committee on Records are maintained in secured DSRS generates an application for Homeland Security and Governmental office space and secure file rooms to Premium Refund of Distributive Share Affairs of the United States Senate, the which access is limited to those Payment (form HUD–27050–B) that is Committee on Government Reform and personnel who service the records. Oversight of the House of sent to the homeowner. The homeowner Representatives, and the Office of returns this form and supporting RETENTION AND DISPOSAL: Management and Budget (OMB) documentation to HUD. These records Documents are destroyed by pursuant to paragraph 4c of Appendix I are forwarded to a data entry contractor shredding once the review and/or to OMB Circular No. A–130, Federal who extracts information from the form approval of payment has been made and Agency Responsibilities for Maintaining and prepares an electronic submission the document image has been verified Records About Individuals, dated June to DSRS. Documents are returned to (usually within 30 days of receipt). 25, 1993 (58 FR 36075, July 2, 1993). HUD headquarters where they are Microfilm, microfiche, and CD images of Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 reviewed and shredded after processing the records are maintained for 40 years U.S.C. 3535(d). of the payment. after which they are destroyed by Dated: July 13, 2007. ROUTINE USES OF RECORDS MAINTAINED IN THE shredding or burning. Lisa Schlosser, SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM MANAGER(S) AND ADDRESS: THE PURPOSES OF SUCH USES: Chief Information Officer. Chief, Disbursements & Customer In addition to those disclosures HUD/HS–56 Services Branch, Office of the Single generally permitted under 5 U.S.C. Family Insurance Operations Division, SYSTEM NAME: 552a(b) of the Privacy Act, other routine Department of Housing and Urban uses are as follow: Development, 470 L’Enfant Plaza East, Distributive Shares and Refunds (a) HUD staff/management—in order System (DSRS, A80D). Room 3120, Washington, DC 20026; to review and authorize payment to the Chief, Systems Management Branch, SYSTEM LOCATION: homeowner(s), management reporting Office of the Single Family Insurance Government-owned HITS Data Center summary information (number and type Operations Division, Department of in South Charleston, West Virginia and of refunds/distributive shares, dollar Housing and Urban Development, 470 Lanham, Maryland. value) for production/operations L’Enfant Plaza East, Room 3120, reporting; Washington, DC 20026 CATEGORIES OF INDIVIDUALS COVERED BY THE (b) Online system access if provided SYSTEM: to Contractor operated call centers—for NOTIFICATION PROCEDURES: All homeowners who had FHA- general homeowner inquiries, form For information, assistance, or inquiry guaranteed loans or FHA direct loans. request, payments status. In compliance about the existence of records, contact with the Privacy Act and Litigation, the Privacy Act Officer at the CATEGORIES OF RECORDS IN THE SYSTEM: after a two-year period during which the Department of Housing and Urban Borrows, co-borrow and claimant, payment has not yet been made, the Development, 451 Seventh Street, SW., name, social security number, mailing Department has an online query screen, Room 4176, Washington, DC 20410, in address; Loan/ Case Data, FHA Case Does HUD Owe You a Refund? (http:// accordance with the procedures in 24 Number, Property Address Endorsement www.hud.gov/ofices/hsg/cop/refunds/ CFR Part 16.

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CONTESTING RECORD PROCEDURES: DATES: We will accept written 7. Spikedace (Meda fulgida), Procedures for the amendment or comments on the draft EIS and 8. Loach minnow (Tiaroga cobitis), correction of records, and appeals application until September 24, 2007. 9. Roundtail chub (Gila robusta), appear in 24 CFR part 16. If additional We will also accept oral and written 10. Longfin dace (Agosia information or assistance is required, comments at a public hearing on August chrysogaster), contact the Privacy Act Officer at HUD, 29, 2007, 6–9 p.m. 11. Sonora sucker (Catostomus 451 Seventh Street, SW., Room 4176, ADDRESSES: Comments: Send comments insignis), Washington DC 20410. by one of the following means: 12. Desert sucker (Catostomus clarki), • E-mail: Horeshoe- 13. Speckled dace (Rhinichthys RECORD SOURCE CATEGORIES: [email protected]; osculus), Homeowners provide the data on • Fax: 602/242–2513; or • 14. Llowland leopard frog (Rana their loan application—the HUD/VA Hand delivery or U.S. Mail: Mr. yavapaiensis), Addendum to Uniform Residential Loan Steve Spangle, Field Supervisor, U.S. 15. Northern Mexican gartersnake Application (form HUD–92900–A). Part Fish and Wildlife Service, 2321 West (Thamnophis eques megalops), and III of this form, Notice to Borrowers, Royal Palm Road, Suite 103, Phoenix, 16. Narrow-headed gartersnake discusses the collection of personal AZ 85021. (Thamnophis rufipunctatus). Public Hearing: We will hold our information. In addition, homeowners The proposed take would occur in public hearing at the offices of the Salt are provided with the Important Notice Maricopa and Yavapai Counties, River Project, 1521 Project Drive, to Homebuyers (form HUD–92900–B) at Arizona, as a result of impacts on Tempe, AZ 85281. loan origination and at loan termination occupied habitat from continued by the lender. For those refunds that are For more information on submitting comments or requesting documents, see operation of Horseshoe Dam and not automatically paid, a form HUD– Reservoir (Horseshoe) and Bartlett Dam SUPPLEMENTARY INFORMATION. 27080–B (OMB Control Number 2502– and Reservoir (Bartlett). We have issued FOR FURTHER INFORMATION CONTACT: 0414) is generated and requires the a draft Environmental Impact Statement Draft EIS: Ms. Debra Bills, Arizona homeowner/claimant to fill in data in (EIS) to evaluate the impacts of and State Office, U.S. Fish and Wildlife order to validate that they are due the alternatives for the possible issuance of Service, 2321 West Royal Palm Road, refund/share payment. an incidental take permit (ITP). SRP has Suite 103, Phoenix, AZ 85021; 602/242– completed the draft Horseshoe-Bartlett EXEMPTIONS FROM CERTAIN PROVISIONS OF THE 0210. ACT: Application: Mr. Charles Paradzick, Habitat Conservation Plan (HCP), along None. Senior Ecologist, Salt River Project, P.O. with a draft Implementing Agreement as part of the application package [FR Doc. E7–14405 Filed 7–24–07; 8:45 am] Box 52025, PAB352, Phoenix, AZ submitted to the Service (collectively, BILLING CODE 4210–67–P 85072–2025; 602/236–2724, or Mr. Craig Sommers, President, ERO Resources the ‘‘Application’’) as required by the Corporation, 1842 Clarkson Street, Act, for consideration of issuance of an Denver, CO 80218; 303/830–1188. ITP. The Application provides measures DEPARTMENT OF THE INTERIOR to minimize and mitigate to the SUPPLEMENTARY INFORMATION: Pursuant maximum extent practicable the effects to the National Environmental Policy Fish and Wildlife Service of the proposed taking of covered Act (NEPA), this notice advises the species and effects to the habitats upon Draft Environmental Impact Statement, public that we have gathered the which they depend. Section 10 Permit Application, Draft information necessary to: (1) Determine Horseshoe-Bartlett Habitat impacts and formulate alternatives for Public Availability of Comments Conservation Plan, and Draft the EIS, related to the potential issuance Written comments we receive become Implementing Agreement for Incidental of an ITP to SRP; and (2) develop and part of the public record associated with Take by the Salt River Project, implement the HCP, which provides this action. Before including your Maricopa and Yavapai Counties, measures to minimize and mitigate the address, phone number, e-mail address, Arizona effects of the incidental take of federally or other personal identifying listed species to the maximum extent AGENCY: Fish and Wildlife Service, information in your comment, you practicable, pursuant to section Interior. should be aware that your entire 10(a)(1)(B) of the Act. comment—including your personal ACTION: Notice of availability; request If approved, the 50-year permit would identifying information—may be made for public comments; announcement of authorize incidental take of 16 species publicly available at any time. While public hearing. currently listed under the Act, as well you can ask us in your comment to as for species that may become listed SUMMARY: We, the U.S. Fish and withhold your personal identifying under the Act in the future (covered Wildlife Service (Service), have received information from public review, we species): an application from the Salt River 1. Southwestern willow flycatcher cannot guarantee that we will be able to Project (SRP) (applicant) for an (Empidonax traillii extimus) do so. incidental take permit under the (flycatcher), Read-only downloadable copies of the Endangered Species Act (Act) of 1973, 2. Bald eagle (Haliaeetus draft EIS and Application documents as amended. If approved, the permit leucocephalus), are available on the Internet at http:// would be for a period of 50 years, and 3. Yellow-billed cuckoo (Coccyzus www.fws.gov/southwest/es/arizona. A would authorize incidental take of 16 americanus) (cuckoo), printed or CD copy of the documents is species currently listed under the Act, 4. Razorback sucker (Xyrauchen available upon request to Chuck as well as of species that may become texanus), Paradzick, Salt River Project, P.O. Box listed under the Act in the future. We 5. Colorado pikeminnow 52025, Phoenix, AZ 85072–2025; (602) request comments and plan to hold a (Ptychocheilus lucius), 236–2724; public hearing on the application and 6. Gila topminnow (Poeciliopsis o. [email protected]. Copies associated documents. occidentalis), of the draft EIS and Application are also

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available for public inspection and Yavapai Nation. In addition, water is Alternatives review at the locations listed below. provided to irrigate agricultural lands Two other alternatives we are Copies of the draft EIS and within SRP and for satisfaction of the considering include the following: Application are available for public independent water rights of Buckeye 1. No Permit—No issuance of an ITP inspection and review at the following Irrigation Company, Gila River Indian by the Service. This alternative would locations (by appointment at Community, Roosevelt Irrigation require SRP to do everything within its government offices): District, Roosevelt Water Conservation • control to avoid any take of federally Department of the Interior, Natural District, and others. Horseshoe, Bartlett, listed species associated with its Resources Library, 1849 C Street NW., and the other SRP reservoirs also continued operation of Horseshoe and Washington, DC 20240. provide a variety of recreational uses in • Bartlett. U.S. Fish and Wildlife Service, 110 central Arizona. 2. Modified Historical Operation— S. Church, Suite 3450, Tucson, AZ Due to dry conditions in central Approval by the Service of an 85701. Arizona for the past 12 years, water application for an ITP authorizing the • U.S. Fish and Wildlife Service, levels in Horseshoe and Bartlett have continued full operation of Horseshoe 2321 West Royal Palm Road, Suite 103, been below normal. As a result, riparian and Bartlett by SRP using historical Phoenix, AZ 85021. trees and shrubs have grown in the operating objectives for the reservoirs, • Salt River Project, 1521 Project Horseshoe storage space and have been along with additional measures to Drive, Tempe, AZ 85281. colonized by a population of • Flagstaff Public Library, 300 W. minimize and mitigate the potential take flycatchers, which are listed as of covered species. Aspen Ave., Flagstaff, AZ 86001. endangered under the Act. Thus, • Government Document Service, Section 9 of the Act and its periodic refilling of the reservoir may Arizona State University, Tempe, AZ implementing regulations prohibit the adversely affect the habitat and nesting 85287. ‘‘taking’’ of threatened and endangered of the flycatcher as well as the cuckoo, • Phoenix Public Library (Burton Barr species. However, under limited which uses similar habitat. Also, Central), 1221 N. Central Ave., Phoenix, circumstances, we may issue permits to nonnative fish produced in Horseshoe AZ 85004. take listed wildlife species incidental to, • Cottonwood Public Library, 100 S. and Bartlett can adversely impact and not the purpose of, otherwise lawful 6th St., Cottonwood, AZ 86326. covered fish, frog, and gartersnake activities. • Camp Verde Public Library, 130 species through predation, competition, We provide this notice under section Black Bridge Loop Rd., Camp Verde, AZ and alteration of habitat in the Verde 10(c) of the Act (16 U.S.C. 1531 et seq.) 86322. River and portions of its tributaries. and its implementing regulations (50 CFR 17.22), and NEPA (42 U.S.C. 4371 • Fountain Hills Library, 12901 N. La Proposed Action Montana Dr., Fountain Hills, AZ 85268. et seq.) and its implementing If you wish to comment by e-mail, The proposed action is the issuance of regulations (40 CFR 1506.6). an ITP for the covered species for SRP’s please include your name and return Christopher T. Jones, address in the body of your message. If continued operation of Horseshoe and Bartlett, pursuant to section 10(a)(1)(B) Acting Regional Director, Region you do not receive a confirmation from 2Albuquerque, New Mexico. of the Act. The requested duration of the the system that we have received your [FR Doc. E7–14354 Filed 7–20–07; 8:45 am] Internet message, contact us directly by permit is 50 years. The areas covered by BILLING CODE 4510–55–P calling our Arizona Ecological Services the proposed permit would include Field Office at 602/242–0210. Please Horseshoe up to an elevation of 2,026 feet, Bartlett up to an elevation of 1,748 note that at the end of the public DEPARTMENT OF THE INTERIOR comment period, we will close the e- feet, the Salt River from Granite Reef mail address Horeshoe- Dam to the Verde River, most of the Bureau of Land Management [email protected]. Verde River upstream from the Salt River, and portions of the Verde River [ID–300–1110–PI] Background tributaries. The action area for the Notice of Public Meeting, Idaho Falls proposed permit also includes SRP operates Horseshoe and Bartlett District Resource Advisory Council mitigation lands acquired as part of the in conjunction with four reservoirs on Meeting the Salt River and one reservoir on East HCP. Clear Creek as integral features of the To meet the requirements of a section AGENCY: Bureau of Land Management, Salt River Federal Reclamation Project, 10(a)(1)(B) permit, SRP has developed Interior. authorized by the Reclamation Act of and would implement the HCP, which ACTION: Notice of public meeting. 1902, and pursuant to a 1917 contract would provide modified operating with the United States. Since objectives to support stands of tall SUMMARY: In accordance with the completion in the 1930s and 1940s, riparian vegetation at the upper end of Federal Land Policy and Management Horseshoe and Bartlett have provided Horseshoe to minimize impacts to Act (FLPMA) and the Federal Advisory water for irrigation, municipal, and covered bird species, and to manage Committee Act of 1972 (FACA), the U.S. other uses. Currently, SRP reservoirs Horseshoe water levels to minimize Department of the Interior, Bureau of supply much of the water for the impacts to covered native fish, frog, and Land Management (BLM) Idaho Falls population of more than 2.6 million gartersnake species. The HCP also District Resource Advisory Council people in the cities of Phoenix, Mesa, includes a description of other measures (RAC), will meet as indicated below. Chandler, Tempe, Glendale, Gilbert, to minimize and mitigate for incidental DATES: The RAC will next meet in Idaho Scottsdale, Tolleson, and Avondale. take of the covered species to the Falls, Idaho on August 29 and 30, 2007. Water deliveries are also made pursuant maximum extent practicable, and which Day 1 of this meeting will start at 1 p.m. to specific water rights in Horseshoe ensures that incidental take of covered and will include an hour-long and Bartlett held by the City of Phoenix, species will not appreciably reduce the discussion of proposed fee changes for the Salt River Pima-Maricopa Indian likelihood of the survival and recovery the U.S. Forest Service in Eastern and Community, and the Fort McDowell of these species in the wild. Central Idaho. The remainder of the day

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and the following day will be tours of approximately 13 miles southeast of the guiding activities in the area during a the St. Anthony Sand Dunes and the rural community of Cantwell, Alaska, is short period in the fall. Any comments South Fork of the Snake River, consistent with the 1985 BLM and application must include a respectively. The public will be Glennallen District Management reference to this notice. Fair market responsible for their own transportation Framework Plan and East Alaska Final value rent, as required in 43 CFR 2920.8 and food if they desire to join the RAC Resource Management Plan/ and as determined by Instruction on the tours. Other subjects named Environmental Impact Statement. This Memorandum AK–2005–028, will be above will be the status of the Upper action is pursuant to section 302 (b) of collected for the use of these lands, as Snake Field Office’s recreation program, the Federal Land Policy and well as reasonable administrative, lands and realty initiatives on the South Management Act of 1976, as amended, processing, and monitoring costs for Fork, noxious weed control, and other and 43 CFR 2920.0–6. The leasing of processing the lease as required in 43 topics of relevance to the tour. public land is within the authority of CFR 2920.6. SUPPLEMENTARY INFORMATION: The 15- the Secretary of the Interior. The annual This determination was made upon member Council advises the Secretary rental amount will be required to be completion of an Environmental of the Interior, through the Bureau of paid in advance as outlined in 43 CFR Assessment, recommending that a one- Land Management, on a variety of 2920.8(a), and through Instruction acre site, be leased to Ray Atkins within planning and management issues Memorandum AK–2005–028. Sec. 30, T. 19 S., R. 6 W., Fairbanks associated with public land DATES: Interested parties may submit Meridian, Alaska, to authorize the use management in the BLM Idaho Falls comments to the Bureau of Land and occupancy of public lands and District (IFD), which covers eastern Management Glennallen Field Office thereby resolve an unauthorized Idaho. Manager at the below stated address. use(Authority: 43 CFR 2920.4(c)). All meetings are open to the public. Comments must be received not later The public may present written than 45 days from publication date. Ramone McCoy, comments to the Council. Each formal Only written comments will be Field Office Manager, Glennallen Field Office. Council meeting will also have time accepted. Before including your [FR Doc. E7–14336 Filed 7–24–07; 8:45 am] allocated for hearing public comments. address, phone number, e-mail address, BILLING CODE 4310–JA–P Depending on the number of persons or other personal identifying wishing to comment and time available, information in your comment, you the time for individual oral comments should be aware that your entire DEPARTMENT OF THE INTERIOR comment—including your personal may be limited. Individuals who plan to Bureau of Land Management attend and need special assistance, such identifying information—may be as sign language interpretation, tour publicly available at any time. While [NV–056–5101–EQ F186; N–81843] transportation or other reasonable you can ask us in your comment to accommodations, should contact the withhold your personal identifying Notice of Realty Action: Airport Lease BLM as provided below. information from public review, we and Non-Competitive (Direct) Sale in cannot guarantee that we will be able to Searchlight, NV FOR FURTHER INFORMATION CONTACT: do so. David Howell, RAC Coordinator, Idaho AGENCY: Bureau of Land Management, ADDRESSES: Address all written Falls District, 1405 Hollipark Dr., Idaho Interior. comments concerning this Notice to Falls, ID 83401. Telephone (208) 524– ACTION: Notice of Realty Action. 7559. E-mail: [email protected]. Ramone McCoy, BLM Glennallen Field Office Manager, P.O. Box 147, Dated: July 19, 2007. SUMMARY: The Bureau of Land Glennallen, Alaska 99588–0147. Management (BLM) proposes to initially David Howell, FOR FURTHER INFORMATION CONTACT: lease and then convey 21.4 acres of RAC Coordinator. Joseph Hart, Realty Specialist, by phone public land located south of the town of [FR Doc. E7–14384 Filed 7–24–07; 8:45 am] at (907) 822–3217, or by e-mail at Searchlight, Nevada, for a public _ BILLING CODE 4310–GG–P joseph [email protected]. airport. An existing airport is located on SUPPLEMENTARY INFORMATION: The site public and private lands, and the center examined and found suitable for leasing portion of the airport runway is located DEPARTMENT OF THE INTERIOR under the provisions of section 302 (b) on lands currently owned by Bureau of Land Management of the Federal Land Policy and Searchlight Airpark Developers, LLC Management Act of 1976 and 43 CFR (Searchlight). Searchlight proposes to [AK–050–1430–EQ–P; AA–081894] 2920.0–6 is within Section 30, T. 19 S., develop a residential airpark on the R. 6 W., Fairbanks Meridian, Alaska, remaining portion of its private lands Notice of Realty Action; Issuance of a and is approximately one (1) acre in and use its 1,600 feet of private runway 5-Year Renewable Lease of Public area. An application to lease the site in conjunction with the 3,700 feet of Land, Caribou Lake, AL will be accepted from only Ray Atkins runway located on public lands. AGENCY: Bureau of Land Management, to resolve an unauthorized use of public Searchlight has requested that the Department of the Interior. lands. An existing cabin was existing airport runway be leased and ACTION: Notice of realty action. constructed on site by Ray Atkins with then conveyed to it at the appraised fair the safety concerns of many local market value of the land. At a future SUMMARY: The Bureau of Land residents in mind for use during harsh date, the BLM proposes to sell the 21.4 Management (BLM) has determined that winter conditions that are common for acres of public airport runway to issuance of a 5-Year renewable land this area of Alaska. Intended to be Searchlight by non-competitive (direct) lease to resolve unauthorized use and remote emergency shelter in times of sale at not less than the appraised fair occupancy of public land, need, the cabin will also be open and market value. The sale of the airport approximately one (1) acre in size, on available for general public use year- runway will require a cadastral survey the shore of Caribou Lake, including an round, except when the applicant will and updated appraisal prior to existing 10′x14′ cabin, located utilize the cabin in support of his conveyance.

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DATES: On or before September 10, 2007, This proposed action is in Title V of FLPMA (90 Stat. 2776; 43 interested parties may submit written conformance with the BLM Las Vegas U.S.C. 1761); comments concerning the proposed Resource Management Plan, approved 9. Rights for an aerial powerline airport lease and direct sale to the BLM on October 5, 1998. The plan has been granted to Central Telephone, its Field Manager, Las Vegas Field Office, reviewed and it is determined the successors and assigns, by BLM right-of- at the address stated below. Facsimiles, proposed action conforms with land use way No. Nev-057664, pursuant to Title telephone calls, and electronic mails are plan decision LD–1 and 2a established V of FLPMA (90 Stat. 2776; 43 U.S.C. unacceptable means of notification. in accordance with Sections 203 and 1761). ADDRESSES: Las Vegas Field Office, 302 of FLPMA, as amended (43 U.S.C. The lessee/patentee by accepting a Bureau of Land Management, 4701 N. 1713 and 1732). lease and/or patent, covenants and Torrey Pines Drive, Las Vegas, NV Issuance of an airport lease is being agrees to indemnify, defend, and hold 89130. proposed and is considered appropriate. the United States harmless from any Regulation 43 CFR 2911.0–8 states that costs, damages, claims, causes of action, FOR FURTHER INFORMATION CONTACT: ‘‘any contiguous unreserved and penalties, fines, liabilities, and Shawna Woods, Realty Specialist, at unappropriated public lands, surveyed judgments of any kind or nature arising (702) 515–5099. or unsurveyed, not exceeding 2,560 from the past, present, or future acts or SUPPLEMENTARY INFORMATION: On acres in area, may be leased under the omissions of the lessee/patentee, its February 1, 1965, Clark County, Nevada, provisions of the Act [of May 24, 1928, employees, agents, contractors, lessees, submitted an application for an airport 49 U.S.C. Appendix 211–213], subject to or any third-party, arising out of or in lease near Searchlight, Nevada. The valid existing rights under the public connection with the lessee/patentee’s land was determined to be suitable for land laws.’’ use, occupancy, or operations on the airport purposes, and a lease (Nev— The land will be subject to the real property which has already resulted 065340) was issued to Clark County on following: or does hereafter result in: (1) Violations May 17, 1965, for a 20-year term. The 1. A reservation of a right-of-way of Federal, State, and local laws and lease was renewed on May 16, 1985, for thereon for ditches or canals regulations that are now, or may in the an additional 20-year term. On constructed by the authority of the future become, applicable to the real November 10, 1986, airport regulations United States, Act of August 30, 1890 property and/or applicable to the use, were amended to require that rental (26 Stat. 391, 43 U.S.C. 945); occupancy, and/or operations thereon; values be determined by appraised fair 2. A reservation to the United States (2) Judgments, claims, or demands of market value. The lease expired on May of all minerals together with the right to any kind assessed against the United 15, 2005, and Clark County has decided prospect for, mine, and remove such States; (3) Costs, expenses, or damages not to renew. deposits from the above-described lands of any kind incurred by the United The existing runway is approximately under applicable law and such States; (4) Releases or threatened 5,300 feet long, of which approximately regulations as the Secretary of the releases of solid or hazardous waste(s) 1,600 feet in the center of the runway is Interior may prescribe; and/or hazardous substance(s), owned by Searchlight through two 3. Valid existing rights of record, pollutant(s) or contaminant(s), and/or patented mining claims. Searchlight has including, but not limited to those petroleum product or derivative of a applied for an airport lease for 21.4 documented on the BLM public land petroleum product, as defined by acres, which constitutes the remaining records at the time of lease and Federal and State environmental laws, approximately 3,700 feet of the runway. conveyance; off, on, into, or under land, property, The subject 21.4 acre parcel would be 4. Rights for a power transmission and other interests of the United States; leased at an appraised fair market value line, telephone line, and roads granted (5) Activities by which solid or of $23,200 annually as determined by a to So. Cal. Metro Water District, its hazardous substance(s) or waste(s), BLM-approved appraisal. successors and assigns, by BLM right-of- pollutant(s) or contaminant(s), and/or Searchlight has also requested direct way No. CC–018307, pursuant to the petroleum product or derivative of a sale of the same parcel. The subject Act of December 21, 1928 (45 Stat. 1057; petroleum product, as defined by parcel will require a cadastral survey 43 U.S.C. 617d); Federal and State environmental laws, prior to conveyance and would be 5. Rights for an underground fiber are generated, released, stored, used, or offered for sale at no less than appraised optic line and regeneration facilities otherwise disposed of on the leased/ fair market value based on an updated granted to AT&T, its successors and patented real property, and any cleanup BLM-approved appraisal. The land assigns, by BLM right-of-way No. 52050, response, remedial action, or other meets the criteria for direct sale pursuant to Title V of FLPMA (90 Stat. actions related in any manner to said pursuant to 43 CFR 2711.3–3(a)(2), (3), 2776; 43 U.S.C. 1761); solid or hazardous substance(s) or and (4). 6. Rights for an underground fiber waste(s), pollutant(s) or contaminant(s), The following described land in Clark optic line and regeneration facilities and/or petroleum product or derivative County has been examined and found granted to Central Telephone, its of a petroleum product; or (6) Natural suitable for airport lease and direct sale successors and assigns, by BLM right-of- resource damages as defined by Federal pursuant to Sections 203 and 302 of the way No. 52985, pursuant to Title V of and State law. This covenant shall be Federal Land Policy and Management FLPMA (90 Stat. 2776; 43 U.S.C. 1761); structured as running with the above Act of 1976 (FLPMA) P.L. 94–579, as 7. Rights for a fiber optic line and described parcel of real property and amended, 43 U.S.C. 1713 and 1732 and regeneration facilities granted to Electric may be enforced by the United States in 43 CFR Subparts 2711 and 2911. Lightwave, Inc., its successors and a court of competent jurisdiction. assigns, by BLM right-of-way No. 58566, No warranty of any kind, express or Mount Diablo Meridian pursuant to Title V of FLPMA (90 Stat. implied is given or will be given by the T. 29 S., R. 63 E., 2776; 43 U.S.C. 1761); United States as to the title, physical Sec. 2 lots 18, 19, and 20; 8. Rights for an underground fiber condition, or potential uses of the land Sec. 11, NE1⁄4 and N1⁄2SE1⁄4. optic line granted to IXC Carrier Group, proposed for lease/patent and the The area described contains approximately Inc., its successors and assigns, by BLM conveyance of this land will not be on 21.4 acres in Clark County. right-of-way No. 61851, pursuant to a contingency basis. Pursuant to the

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requirements established by section INTERNATIONAL TRADE the Commission determined, pursuant 120(h) of the Comprehensive COMMISSION to section 735(b)(1) of the Act (19 U.S.C. Environmental Response, Compensation 1673d(b)(1)), that an industry in the and Liability Act, 42 U.S.C. 9620(h) Request for Comments Concerning the United States was materially injured by (CERCLA), as amended by the Institution of a Section 751(b) Review reason of imports of such LTFV Superfund Amendments and Investigation; Certain Orange Juice merchandise. Accordingly, Commerce Reauthorization Act of 1988, 100 Stat. From Brazil ordered that antidumping duties be 1670, notice is hereby given that the AGENCY: United States International imposed on such imports (71 FR 12183, above-described lands have been Trade Commission. March 9, 2006). On June 13, 2007, the Commission examined and no evidence was found to ACTION: Request for comments regarding indicate that any hazardous substances the institution of a section 751(b) review received a request to review its have been stored for one year or more, investigation concerning the affirmative determination in nor have any hazardous substances been Commission’s affirmative determination investigation No. 731–TA–1089 (Final) disposed of or released on the subject in investigation No. 731–TA–1089 pursuant to section 751(b) of the Act (19 property. (Final), Certain Orange Juice from U.S.C. 1675(b)). The request was filed Publication of this notice in the Brazil. by Tropicana Products, Inc. (Tropicana). Federal Register temporarily segregates Tropicana alleges that there is good SUMMARY: the above described land from The Commission invites cause for the Commission to conduct a comments from the public on whether appropriation under the public land review despite the statutory prohibition changed circumstances exist sufficient against conducting a review within two laws, including the mining laws, but not to warrant the institution of an years of the publication of its injury the laws authorizing direct sales or investigation pursuant to section 751(b) determination (19 U.S.C. 1675(b)(4)). airport leases, 43 U.S.C. 1713, 1732. The of the Tariff Act of 1930 (19 U.S.C. Tropicana alleges that shortfalls in the segregative effect of this notice will 1675(b)) (the Act) to review the Florida juice orange crop and depleted terminate in accordance with 43 CFR Commission’s affirmative determination inventories; significant price increases 2911.2–3(b) (airport lease) and 43 CFR in investigation No. 731–TA–1089 and a greatly constricted supply; and 2711.1–2(d) (direct sale). Detailed (Final). The purpose of the proposed disruption of the alternative sources of information concerning the proposed review investigation is to determine Brazilian supply following imposition lease/patent, including an whether revocation of the existing of the antidumping duty order have environmental assessment and the antidumping duty order on imports of resulted in the domestic orange juice approved appraisal report, is available certain orange juice from Brazil is likely producers being harmed by the order. for review at the BLM Las Vegas Field to lead to continuation or recurrence of Written comments requested. Office at the address above. The Field material injury. See 19 U.S.C. Pursuant to section 207.45(b) of the Manager, BLM, Las Vegas Field Office, 1675(b)(2)(A). Certain orange juice is Commission’s Rules of Practice and will review the comments of all provided for in subheadings 2009.11.00, Procedure, the Commission requests interested parties concerning the lease/ 2009.12.25, and 2009.19.00 of the comments concerning whether the patent. To be considered, comments Harmonized Tariff Schedule of the alleged changed circumstances, brought must be received at the BLM Las Vegas United States. about by shortfalls in the Florida juice Field Office on or before the date stated DATES: Effective Date: July 19, 2007. orange crop and depleted inventories; above in this notice for that purpose. FOR FURTHER INFORMATION CONTACT: significant price increases and a greatly Before including your address, phone constricted supply; and disruption of number, e-mail address, or other Diane Mazur (202–205–3184), Office of the alternative sources of Brazilian personal identifying information in your Investigations, U.S. International Trade supply following imposition of the comment, you should be aware that Commission, 500 E Street, SW., antidumping duty order are sufficient to your entire comment—including your Washington, DC 20436. Hearing- warrant institution of a review personal identifying information—may impaired persons can obtain investigation. be made publicly available at any time. information on this matter by contacting Written submissions. Comments must While you can ask us in your comment the Commission’s TDD terminal on 202– be filed with the Secretary to the to withhold your personal identifying 205–1810. Persons with mobility Commission no later than 60 days after information from public review, we impairments who will need special the date of publication of this notice in cannot guarantee that we will be able to assistance in gaining access to the the Federal Register. All written do so. Any adverse comments will be Commission should contact the Office submissions must conform with the reviewed by the BLM, Nevada State of the Secretary at 202–205–2000. provisions of section 201.8 of the Director. General information concerning the Commission may also be obtained by Commission’s rules; any submissions In the absence of any adverse accessing its Internet server (http:// that contain business proprietary comments, the decision will become www.usitc.gov). The public record for information must also conform with the effective on September 24, 2007. The this matter may be viewed on the requirements of sections 201.6, 207.3, lands will not be offered for lease/patent Commission’s electronic docket (EDIS) and 207.7 of the Commission’s rules. until after the decision becomes at http://edis.usitc.gov. The Commission’s rules do not effective. SUPPLEMENTARY INFORMATION: authorize filing of submissions with the (Authority: 43 CFR 2711 and 2911) Background. On January 13, 2006, the Secretary by facsimile or electronic Department of Commerce determined means, except to the extent permitted by Dated: May 2, 2007. that imports of certain orange juice from section 201.8 of the Commission’s rules, Mark R. Chatterton, Brazil were being sold in the United as amended, 67 FR 68036 (November 8, Assistant Field Manager, Non-Renewable States at less than fair value (LTFV) 2002). Resources, Las Vegas, Nevada. within the meaning of section 731 of the Authority: This notice is published [FR Doc. E7–14338 Filed 7–24–07; 8:45 am] Act (19 U.S.C. 1673) (71 FR 2183, pursuant to section 207.45 of the BILLING CODE 4310–HC–P January 13, 2006); and on March 3, 2006 Commission’s rules.

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Issued: July 20, 2007. Decree Library, P.O. Box 7611, U.S. tons of benzene hazardous waste per By order of the Commission. Department of Justice, Washington, DC year. The estimated cost to Equistar of William R. Bishop, 20044–7611 or by faxing or e-mailing a implementing all the Consent Decree Acting Secretary to the Commission. request to Tonia Fleetwood requirements is $125 million. In [FR Doc. E7–14346 Filed 7–24–07; 8:45 am] ([email protected]), fax no. addition, Equistar will pay a civil BILLING CODE 7020–02–P (202) 514–0097, phone confirmation penalty of $2.5 million and spend number (202) 514–1547. In requesting a $6,560,000 on Federal and state copy from the Consent Decree Library, Supplemental Environmental Projects DEPARTMENT OF JUSTICE please enclose a check in the amount of (‘‘SPEs’’). The federal SEP project will $58.25 for the Consent Decree plus control an estimated 26 tons per year of Appendices or $13 for the Consent Notice of Lodging of Consent Decree hazardous air emissions from process Under the Comprehensive Decree without Appendices (25 cents per page reproduction cost), payable to vents at Channelview. The state Environmental Response, environmental projects include: (1) The Compensation and Liability Act the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the purchase of emergency response Notice is hereby given that on July 16, Consent Decree Library at the stated equipment and newer, cleaner school 2007, a proposed Consent Decree in address. buses; (2) funding for the Mississippi United States v. Dixie-Narco, Inc., et al., River Eco Tourism Center; and (3) Civil Action No. 1:07-cv-1925–MBS, Henry S. Friedman, hazardous waste cleanup activities in was lodged with the United States Assistant Chief, Environmental Enforcement the wake of hurricanes Katrina and Rita. District Court for the District of South Section, Environment and Natural Resources Division. The states of Iowa, Illinois, and Carolina. Louisiana have joined in the settlement, [FR Doc. 07–3642 Filed 7–24–07; 8:45 am] The proposed Consent Decree will each file Complaints-in- BILLING CODE 4410–15–M resolves the United States’ claims under Intervention and receive a $178,600 Sections 106 and 107 of the share of the civil penalty. Comprehensive Environmental Response, Compensation, and Liability DEPARTMENT OF JUSTICE Comments should be addressed to the Act, 42 U.S.C. 9606 and 9607, for Acting Assistant Attorney General, Notice of Public Comment Period for Environment and Natural Resources implementation of remedial action and Proposed Environmental Consent Division, and may be submitted to: P.O. recovery of response costs incurred and Decree to be incurred by the United States at Box 7611, U.S. Department of Justice, the Admiral Home Appliances Under 28 CFR 50.7, notice is hereby Washington, DC 20044–7611, or via Superfund Alternative Site located in given that, for a period of 30 days, the e-mail to pubcomment- Williston, Barnwell County, south United States will receive public [email protected], and should refer to Carolina. The Consent Decree requires comments on a proposed Consent United States v. Equistar Chemicals, LP, Dixie-Narco, Inc., Maytag Corporation Decree in United States v. Equistar D.J. Ref. 90–5–2–1–08012/1. and Rheem Manufacturing Company to Chemicals, LP (‘‘Equistar’’) (Civil Action The Consent Decree may be examined conduct remedial action at the Admiral No. 1:07–CF–4045), which was lodged Home Appliances site, pay EPS’s costs with the United States District Court for at the Office of the United States to oversee the work, and pay EPA’s the Northern District of Illinois on July Attorney, Northern District of Illinois, remaining unreimbursed costs incurred 18, 2007. 219 S. Dearborn Street, Fifth Floor, at the site. This proposed Consent Decree was Chicago, Illinois 60604. During the The Department of Justice will receive lodged simultaneously with the public comment period the Equistar for a period of thirty (30) days from the Compliant in this multi-facility, multi- consent Decree may also be examined date of this publication comments media case covering seven of Equistar’s on the following Department of Justice relating to the proposed Consent Decree. petrochemical plants in four states. Our Web site, http://www.usdoj.gov/enrd/ Comments should be addressed to the complaint alleges claims pursuant to ConsentlDecrees.html. A copy of the Assistant Attorney General, Clean Air Act (‘‘CAA’’), 42 U.S.C. 7401– Equistar Consent Decree may also be Environment and Natural Resources 7671q; the Resource Conservation and obtained by mail from the Consent Division, and either e-mailed to Recovery Act (‘‘RCRA’’), 42 U.S.C. Decree Library, P.O. Box 7611, U.S. [email protected]. or 6901–6992k; the Clean Water Act Department of Justice, Washington, DC mailed to P.O. Box 7611, U.S. (‘‘CWA’’), 33 U.S.C. 1251–1387; the 20044–7611 or by faxing or e-mailing a Department of Justice, Washington, DC Emergency Planning and Community request to Tonia Fleetwood 20044–7611, and should refer to United Right-to-Know Act (‘‘EPCRA’’), 42 [email protected], fax no. (202) States v. Dixie-Narco, Inc., et al., D.J. U.S.C. 11001–11050; and the 514–0097, phone confirmation number Ref. 90–11–3–07761/1. Comprehensive Environmental (202) 514–1547. In requesting a copy The proposed Consent Decree may be Response, Compensation, and Liability from the Consent Decree Library, please examined at the Office of the United Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675. enclose a check in the amount of $37.50 States Attorney, 1441 Main Street, Suite Under the settlement, Equistar will 500, Columbia, SC 29201, and at U.S. take immediate action to correct the (25 cents per page reproduction cost) EPA Region IV, 61 Forsyth Street, SW., regulatory violations identified and will payable to the U.S. Treasury. Atlanta, GA 30303. During the public implement enhancements to its air, Bruce S. Gelber, comment period, the proposed Consent water and hazardous waste programs at Chief, Environmental Enforcement Section, Decree may also be examined on the all 7 facilities to address deficiencies Environment and Natural Resources Division. following Department of Justice Web across the board. Equistar will also [FR Doc. 07–3612 Filed 7–24–07; 8:45 am] site: http://www.usdoj.gov/enrd/ install a waste water treatment plant at Consent_Decrees.html. A copy of the the Channelview, Texas, facility as part BILLING CODE 4410–15–M proposed Consent Decree may also be of an injunctive relief project to obtained by mail from the Consent eliminate the land disposal of 150,000

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DEPARTMENT OF JUSTICE The proposed consent decree may be many as 10 separate grants with a 12- examined at the office of the United month period of performance. The Notice of Lodging of Consent Decree States Attorney, Thomas Eagleton U.S. amount of each individual grant will be Pursuant to the Clean Water Act Courthouse, 111 S. 10th Street, 20th at least $50,000. This notice contains all Notice is hereby given that a proposed Floor, St. Louis, MO 63102, and at the of the necessary information needed to consent decree in United States et al. v. Region VII Office of the Environmental apply for grant funding. Protection Agency, 901 N. 5th Street, J.H. Berra Construction Company, Inc., DATES: Grant applications must be Kansas City, KS 66101. During the et al., Civil action No. 07–01268, was received electronically by the public comment period, the proposed lodged on July 12, 2007 with the United Grants.gov system no later than 4:30 consent decree may also be examined States District Court for the Eastern p.m., E.T., on August 24, 2007, the on the Department of Justice Web site, District of Missouri. The United States application deadline date. Applicants at http://www.usdoj.gov/enrd/ and the State of Missouri filed this must contact the MSHA Directorate of Consent_Decrees.htm. A copy of the action pursuant to the Clean Water Act Educational Policy and Development proposed consent decree may also be and Missouri Clean Water Law to obtain office listed on the announcement at obtained by mail from the Consent civil penalties and injunctive relief to least one week prior to the application Decree Library, P.O. Box 7611, U.S. address violations of stormwater deadline date, (or no later than 4:30 Department of Justice, Washington, DC pollution control permits issued 20044–7611 or by faxing or emailing a p.m., E.T., on Friday, August 13, 2007) pursuant to the Clean Water Act and the request to Tonia Fleetwood to speak to a representative who can Missouri Clean Water Law and ([email protected]), fax number provide assistance to ensure that violations of the Clean Water Act’s (202) 514–0097, phone confirmation applications are submitted online by the prohibition on unpermitted discharges. number (202) 514–1574. In requesting a closing date. Requests for extensions to The action involves violations at three copy from the Consent Decree Library, this deadline will not be granted. MSHA construction sites in Missouri: The please enclose a check in the amount of will award grants on or before Enclaves at Cherry Hills, a 130-acre $26.50 (or $17 for a copy that omits the September 30, 2007. residential development located in the exhibits and signature pages) (25 cents ADDRESSES: Applications for grants City of Wildwood; the Countryshire per page reproduction cost) payable to submitted under this competition must Development, a 150-acre residential the U.S. Treasury or, if by be submitted electronically using the development in O’Fallon; and Seckman e-mail or fax, forward a check in that Government-wide site at http:// Lake Estates, a 120-acre construction amount to the Consent Decree Library at www.grants.gov. If applying online site in Jefferson County. the stated address. poses a hardship to any applicant, the The Consent Decree, with resolves MSHA Directorate of Educational Policy claims by the United States, the State of Robert E. Maher, Jr. and Development will provide Missouri, and the City of Wildwood, Assistant Section Chief, Environmental assistance to ensure that applications Missouri, requires the defendants, J.H. Enforcement Section, Environment and are submitted online by the closing date. Berra Construction Co. Inc., a land Natural Resources Division. MSHA’s Web page at www.msha.gov is developer in the St. Louis, Missouri [FR Doc. 07–3643 Filed 7–24–07; 8:45 am] a valuable source of background for this areas, and four associated companies BILLING CODE 4410–15–M initiative. (JHB Properties Inc., J.H. Berra Holding Co. Inc., JMB No. 2 LLC, and CMB FOR FURTHER INFORMATION CONTACT: Any Rhodes LLC), to pay a penalty of DEPARTMENT OF LABOR questions regarding this solicitation for $590,000 and to reimburse more than grant applications (SGA 07–01) should $52,000 to the State of Missouri and the Mine Safety and Health Administration be directed to Robert Glatter at City of Wildwood for their investigation [email protected] or at 202–693– and enforcement costs. The consent Brookwood-Sago Mine Safety Grants 9570 (this is not a toll-free number). decree also requires the defendants to AGENCY: Mine Safety and Health SUPPLEMENTARY INFORMATION: This institute a program to improve training Administration, Labor. solicitation provides background and implementation of storm water ACTION: Solicitation for grant information and the critical elements controls at future construction sites, to applications. required of projects funded under the implement remedial plans for the solicitation. It also describes the pollution caused by their violations, and Announcement Type: New. application submission requirements, to pay for mitigation of the impact of Funding Opportunity Number: SGA the process that eligible applicants must their violations on Foxwood Estate Lake 07–01. use to apply for funds covered by this and Lake Chesterfield. Catalog of Federal Domestic solicitation, and how grantees will be The Department of Justice will Assistance Number: 17.603. selected. Further information regarding receive, for a period of thirty (30) days SUMMARY: The U.S. Department of submitting the grant application from the date of this publication, Labor, Mine Safety and Health electronically is listed in Section IV.C, comments, relating to the proposed Administration (MSHA), is making Submission Date, Times, and Addresses. consent decree. Comments should be $500,000 available in grant funds for This solicitation consists of eight parts: addressed to the Assistant Attorney educational and training programs to • Part I provides background General, Environmental and Natural help identify, avoid, and prevent unsafe information on the Brookwood-Sago Resources Division, and either mailed to working conditions in and around grants. [email protected] or mines. The focus of these grants will be • mailed to P.O. Box 7611, U.S. on training and training materials for Part II describes the size and nature Department of Justice, Washington, DC mine rescue and mine emergency of the anticipated awards. 20044–7611, and should refer to United preparedness in underground coal • Part III describes the qualifications Sates et al. v. J.H. Berra Construction mines. Applicants for the grants may be of an eligible applicant. Co, Inc., et al., DOJ Ref. #90–5–1–1– States and nonprofit (private and • Part IV provides information on the 08444. public) entities. MSHA could award as application and submission process.

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• Part V explains the review process proposed training or educational opportunity is required to include a and rating criteria that will be used to program with the applicable State(s) in DUNS number with its application. An evaluate applications. order not to duplicate any training or applicant’s DUNS number is to be • Part VI provides award educational program offered. An entered into Block 8 of Standard Form administration information. applicant’s proposed area for the grant (SF) 424. The DUNS number is a nine- • Part VII contains MSHA contact may cover more than one State. digit identification number that information. identifies business entities uniquely. II. Award Information • Part VIII addresses Office of There is no charge for obtaining a DUNS Management and Budget information A. Award Amount for FY 2007 number. To obtain a DUNS number, call collection requirements. MSHA is providing $500,000 total for 1–866–705–5711 or access the following Web site: http://dunandbradstreet.com/ I. Funding Opportunity Description the FY 2007 Brookwood-Sago, which could be divided into as many as 10 . A. Overview of the Brookwood-Sago separate grants. The amount of each After receiving a DUNS number, all Mine Safety Training Grant Program individual grant will be at least grant applicants must also register as a vendor with the Central Contractor Responding to several coal mine $50,000.00. Applicants requesting less Registration (CCR) through the Web site disasters last year, Congress enacted the than $50,000 or more than $500,000 will not be considered for funding. http://www.ccr.gov or by phone at 1– Mine Improvement and New Emergency 888–227–2423. CCR registration should Response Act of 2006 (MINER Act). B. Period of Performance become active within 24 hours of Section 14 of the MINER Act requires The period of performance will be 12 completion. After registration, grant the Secretary to establish a discretionary applicants will receive a confirmation competitive grant program called the months from the date of execution of the grant documents. This performance number. The grant applicant must list Brookwood-Sago Mine Safety Grants an individual as the Point of Contact, (Brookwood-Sago grants). This program period must include all necessary implementation and start-up activities who will receive a Trader Partnership provides funding to educate and train Identification Number (TPIN) via mail. miners to better identify, avoid, and as well as follow-up for performance outcomes. A timeline clearly detailing The TPIN is, and should remain, a prevent unsafe working conditions in confidential password. and around mines. This program will these required grant activities and their use grant funds to establish and expected completion dates must be 2. Legal Rules Pertaining to Inherently implement education and training included in the grant application. Religious Activities by Organizations programs or to create training materials MSHA may approve a request for a no- That Receive Federal Financial and programs. The MINER Act requires cost extension to grantees for an Assistance additional period of time based on the the Secretary to give priority to mine The government generally is success of the project and other relevant safety demonstrations and pilot projects prohibited from providing direct factors. with broad applicability. It also Federal financial assistance for mandates that the Secretary shall III. Eligibility Information inherently religious activities. See 29 emphasize programs and materials that CFR part 2, subpart D. Grants under this A. Eligible Applicants target workers in smaller mines, to solicitation may not be used for include training on new MSHA Applicants for the grants may be religious instruction, worship, prayer, standards, high-risk activities, and other States and nonprofit (private or public) proselytizing, or other inherently identified health and safety priorities. entities. Eligible entities may apply for religious activities. Neutral, non- funding independently or in partnership religious criteria that neither favor nor B. Educational and Training Program with other eligible organizations. For disfavor religion will be employed in Priorities partnerships, a lead organization must the selection of grant recipients and MSHA priorities for the fiscal year be identified. must be employed by grantees in the (FY) 2007 funding of the Brookwood- Applicants other than States and selection of sub-recipients. Sago grants will focus on training and State-or local government-supported training materials for mine rescue and institutions of higher education will be 3. Non-Compliant Applications mine emergency preparedness in required to submit evidence of nonprofit Applications that are lacking any of underground coal mines. MSHA expects status, preferably from the Internal the required elements or do not follow Brookwood-Sago grantees to develop Revenue Service. A nonprofit entity as the format prescribed in IV.B will not be training materials or to develop and described in 26 U.S.C. 501(c)(4), which reviewed. engages in lobbying activities, is not provide mine safety and health training 4. Late Applications and/or educational programs, recruit eligible for a grant award. See 2 U.S.C. workers and employers for the training, 1611. Applications received after the deadline will not be reviewed unless it and conduct and evaluate the training B. Cost-Sharing or Matching on one of MSHA-selected priorities. is determined to be in the best interest Grantees are also expected to conduct Cost-sharing or matching of funds is of the Government. not required for eligibility. The follow-up evaluations with people IV. Application and Submission leveraging of public and/or private trained by their program to determine Information how effective their training was in resources to achieve project either reducing hazards or improving sustainability, however, is highly A. Application Forms skills for the selected training topics and encouraged and will be awarded up to This announcement includes all cooperate fully with MSHA evaluations 10 application evaluation points. information and links needed to apply of the program. If Brookwood-Sago C. Other Eligibility Requirements for this funding opportunity. The full applicant is not the entity operating the application is available through MSHA-approved State training grant, 1. Dun and Bradstreet Number Grants.gov, Apply for Grants. The CFDA MSHA expects the applicant to contact Since October 1, 2003, every number needed to locate the appropriate the State grantee(s) and coordinate any applicant for a Federal grant funding application for this opportunity is

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17.603. If an applicant has problems budget should demonstrate clearly that FormLinks?category=2, identified in the downloading the application package the total amount and distribution of boxes as government wide ‘‘Assurances from Grants.gov, contact Grants.gov funds is sufficient to cover the cost of for Non-Construction Programs (SF– Customer Support at 1–800–518–4726 all major project activities identified by 424B)’’ and also is available at or [email protected]. Also, the the applicant in its proposal, and must www.msha.gov. complete Federal Register notice and comply with Federal cost principles and (e) Supplemental Certification application forms may also be the administrative requirements set Regarding Lobbying Activities form. If downloaded from MSHA Web site at forth in this SGA. (Copies of all any funds have been paid or will be www.msha.gov. regulations that are referenced in this paid to any person for influencing or SGA are available on-line at attempting to influence an officer or B. Content and Form of the Application www.msha.gov.) employee of any agency, a Member of Each grant application must address Among other things, the budget Congress, an officer or employee of either mine rescue or mine emergency should include the costs of travel for Congress, or an employee of a Member preparedness for underground coal two staff members (one program and of Congress in connection with the mines. Organizations interested in one financial) to the National Mine making of a grant or cooperative applying for funds on more than one of Health and Safety Academy in Beckley, agreement, the applicant shall complete these topics must submit separate West Virginia to attend a grantee and submit Standard Form (SF)–LLL, applications for each topic. The orientation meeting; a financial audit, if ‘‘Disclosure Form to Report Lobbying,’’ application must consist of three required; project closeout; document in accordance with its instructions. This separate and distinct sections. The three preparation (e.g., quarterly progress form is available online at required sections are: reports, project document); and http://apply.grants.gov/apply/ • Section 1—Project Financial Plan ensuring compliance with procurement FormLinks?category=2, identified in the and Forms (No page limit). and property standards under boxes as agency specific ‘‘Disclosure of • Section 2—Project Summary (Not to applicable OMB circulars. Lobbying Activities (SF–LLL)’’ and at exceed 2 pages). (c) Budget Narrative. The applicant • www.msha.gov. Section 3—Technical Proposal (Not must provide a concise narrative (f) Non-profit status. Applicants must to exceed 10 pages) Illustrative material explaining the request for funds. The provide evidence of non-profit status, can be submitted as an attachment. budget narrative should separately preferably from the Internal Revenue The following are mandatory attribute the Federal funds and Service (IRS), if applicable. (This requirements for each section. leveraged resources to each of the requirement does not apply to State and activities specified in the technical 1. Project Financial Plan and Forms local government-supported institutions proposal; and it should discuss of higher education.) This section contains the forms and precisely how any administrative costs (g) Accounting System Certification. budget section of the application. The support the project goals. Indirect cost An organization that receives less than Project Financial Plan will not count charges, which are considered $1 million annually in Federal grants against the application page limits. A administrative costs, must be supported must attach a certification stating that person with authority to bind the with a copy of an approved Indirect the organization (directly or through a applicant must sign the application and Cost Rate Agreement. Indirect Costs are designated qualified entity) has a forms. Applications submitted those costs that are not readily functioning accounting system that electronically through Grants.gov do not identifiable with a particular cost meets the criteria below. The need to be signed manually; the form objective but nevertheless are necessary certification should attest that the will automatically affix an electronic to the general operation of an organization’s accounting system signature for the authorized person organization, e.g., personnel working in provides for the following: identified. Accounting. Administrative costs may (1) Accurate, current and complete (a) Completed SF 424, ‘‘Application not exceed 15% of the total grant disclosure of the financial results of for Federal Assistance.’’ This form is budget. each Federally sponsored project. available online at http:// If applicable, the applicant must (2) Records that identify adequately apply.grants.gov/apply/ provide a statement about its program the source and application of funds for FormLinks?category=1, identified in the income. Program income is gross Federally sponsored activities. boxes as Government Wide income earned by the grantee directly (3) Effective control over and ‘‘Application for Federal Assistance generated by a supported activity, or accountability for all funds, property (SF–424)’’ and also is available at earned as a result of the award. and other assets. www.msha.gov. The SF 424 must Any leveraged resources should not (4) Comparison of outlays with budget identify the applicant clearly and be be listed on the SF 424 or SF 424A amounts. signed by an individual with authority Budget Information Form, but must be (5) Written procedures to minimize to enter into a grant agreement. Upon described in the budget narrative and in the time elapsing between transfers of confirmation of an award, the the technical proposal of the application funds. individual signing the SF 424 on behalf (as described in Part IV.B.3(d) of this (6) Written procedures for of the applicant shall be considered the SGA). The amount of Federal funding determining the reasonableness, representative of the applicant. requested for the entire period of allocability, and allowability of cost. (b) Completed SF 424A, ‘‘Budget performance must be shown on the SF (7) Accounting records, including cost Information Form.’’ This form is 424 and SF 424A Budget Information accounting records that are supported available online at http:// Form. by source documentation. apply.grants.gov/apply/ (d) Completed SF 424B, ‘‘Assurances, (h) Attachments. Any attachments FormLinks?category=4, identified in the Non-Construction Programs.’’ Each such as resumes of key personnel or boxes as Government Wide ‘‘Budget applicant for these grants must certify position descriptions, exhibits, Information for Non-Construction compliance with a list of assurances. information on prior government grants, Programs (SF–424A)’’ and also is This form is available online at and signed letters of commitment to the available at www.msha.gov. The project http://apply.grants.gov/apply/ project.

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2. Project Summary and fax numbers, and e-mail address of a description of its membership, if any. the certifying representative. The The project summary is a short one- Provide an organizational chart (the certifying representative is the official in to-two page abstract that succinctly chart may be included as a separate the organization who is authorized to summarizes the proposed project and page which will not count toward the enter into grant agreements. page limit). provides information about the (d) Funding requested. List how much applicant organization. The project Federal funding is being requested. If 3. Technical Proposal summary must include the following the organization is contributing non- The technical proposal must information: Federal resources, also list the amount (a) Applicant. Provide the of non-Federal resources and the source demonstrate the applicant’s capabilities organization’s full legal name and of the funds. to plan and implement a project or address. (e) Grant Topic. List the grant topic create educational materials to meet the (b) Project Director. Provide the name, and the location and number of miners objectives of this solicitation. MSHA’s title, street address and mailing address that the organization has selected to focus for this SGA is on training miners if it is different from the organization’s train or describe the training materials and developing training materials for street address, telephone and fax to be created with these funds. mine rescue and mine emergency numbers, and e-mail address of the (f) Summary of the Proposed Project. preparedness in underground coal project director. The project director is Write a brief program summary of the mines. MSHA has two program goals the person who will be responsible for proposed project. This summary must that will be considered indicators of the the day-to-day operation and identify the key points of the proposal success of the program as a whole. The administration of the program. including an introduction describing the following table explains the types of (c) Certifying Representative. Provide project activities and the expected data grantees must provide and their the name, title, street address and outcome(s). relationship with the Agency’s program mailing address if it is different from the (g) Applicant Background. Describe goals and performance measures for the organization’s street address, telephone the applicant, including its mission and Brookwood-Sago grants.

Program goals Performance measures Data grantee provides

1. Agency creates more effective training and Increase overall number of trainers trained ..... Number of training events during the period. improves safety. Increase overall number of miners trained ...... Number of trainers trained. Number of miners trained during the current reporting period. Provide quality training with clearly stated Conduct and report pre-test and post-test re- goals and objectives for improving safety. sults of trainees. Course evaluations of trainer and training ma- terials. The extent to which others replicate (i.e., adopt or adapt) or institutionalize and con- tinue the projects after grant funding ends. 2. Agency creates training materials and im- Increase number of quality educational mate- Conduct and report pre-test and post-test re- proves safety. rials developed. sults of the training materials. Provide quality training materials with clearly Evaluation of training materials to include the stated goals and objectives for improving target audience, statement of goals and ob- safety. jectives, learning level, instructions for Training materials are reproducible ...... using, additional material requirements, secondary purposes, adult learning prin- ciples and usability in the mine training en- vironment. The extent to which others replicate (i.e., adopt or adapt) the funded projects.

The technical proposal narrative is activities. They must identify whether end September 29, 2008. An outline of not to exceed 10 single-sided pages, they are providing a training program or specific items required in the workplan double spaced, 12-point font, and must creating training materials or both. follows. contain the following sections: Program Applicants also must identify the (i) Plan Overview. Describe the plan Design, Overall Qualifications of the number of individuals that will benefit for grant activities and the anticipated Applicant, Impact or Outcomes and from their training and education outcomes. The overall plan will Evaluation, and Leveraging of Funds. program; this should include identifying describe such things as the development Any pages over the 10-page limit will the type of mines (e.g., smaller mines, of training materials, the training not be reviewed. Major sections and anthracite mines, large mine), the content, recruiting of trainees, where or sub-sections of the proposal should be geographic location(s), and the number how training will take place, and the divided and clearly identified. MSHA of workers and employers. Applicants anticipated benefits to workers and will review and rate the technical must also identify other Federal funds employers receiving the training. proposal in accordance with the they receive for similar activities. (ii) Activities. Break the overall plan selection criteria specified in Part V. (2) Quality of the Project Design. down into activities or tasks. For each (a) Program Design. MSHA requires that each applicant activity, explain what will be done, who (1) Problem Statement/Need for include a 12-month workplan that will do it, when it will be done, and Funds. Applicants must provide a clear correlates with the grant project period anticipated results of the activity. For and specific need for proposed that will begin September 30, 2007, and training, discuss the subjects to be

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taught, the length of the training manage the grant. If the organization summary of the assessment results to sessions, and training locations uses this approach, the management MSHA. (classroom worksites). Describe how the organization must be identified and its (d) Leveraging of Funds. applicant will recruit workers and/or grant program experience discussed. Leveraged resources are cash or in- employers for the training. (Note: Any Lack of past experience with Federal kind contributions obtained from commercially-developed training grants is not a determining factor, but an sources other than the Federal materials the applicant proposes to use applicant should show a successful government devoted to advancing the in its training must undergo an MSHA experience relevant to the opportunity strategies described in the applicant’s review before being used.) offered in the application. Such proposal. Applicants must include a (iii) Quarterly Projections. For experience could include staff members’ description of any non-Federal training and other quantifiable experience with other organizations. contribution or commitments, including activities, estimate the quantities (2) Program Experience. Describe the the source of funds and the estimated involved. For example, estimate how organization’s experience conducting amount. many classes will be conducted and the proposed mine training program or workers and employers will be trained the type of program. Include program C. Submission Date, Times, and each quarter of the grant (grant quarters specifics such as program title, numbers Addresses match calendar quarters, i.e., January to trained, and duration of training. If The closing date for receipt of March, April to June) and also provide creating training materials, include the applications under this announcement the training number totals for the full title of other materials developed. is August 24, 2007. Grant applications year. Quarterly projections are used to Nonprofit organizations, including must be submitted electronically measure the actual performance against community-based and faith-based through the Grants.gov site. The the plan. Applicants planning to organizations that do not have prior Grants.gov site provides all the conduct a train-the-trainer program experience in mine safety and health information about submitting an should estimate the number of may partner with an established mine application electronically through the individuals to be trained during the safety and health organization to acquire site as well as the hours of operation. grant period by those who received the safety and health expertise. Interested parties must search for the train-the-trainer training. These second (3) Staff Experience. Describe the downloadable application package by tier training numbers should be qualifications of the professional staff the CFDA number, 17.603. included only if the organization is you will assign to the program. Include planning to follow up with the trainers Applications received by Grants.gov resumes of staff already employed as an to obtain this data during the grant are electronically date and time attachment (which will not count period. stamped. An application must be fully (iv) Materials. Describe each towards the page limit). If some uploaded and submitted (and must be educational material to be produced positions are vacant, include position date and time stamped by the under the grant. Provide a timetable for descriptions and minimum hiring Grants.gov system) before the developing and producing the material. qualifications instead of resumes. Staff application deadline date. Once an The timetable must include provisions should have, at a minimum, mine safety interested party has submitted an for an MSHA review of draft and and health experience, training application, Grants.gov will notify the camera-ready products. MSHA must experience, or experience working with interested party with an automatic review and approve training materials the mining community. notification of receipt that contains a for technical accuracy and suitability of (c) Impact or Outcomes and Grants.gov tracking number. (This content before materials may be used in Evaluations. notification indicates receipt by the grant program. Whether or not an There are three types of evaluations Grants.gov only, not receipt by MSHA.) applicant’s project is to develop training that should be conducted. First, MSHA then will retrieve the application materials only, the applicant should describe plans to evaluate the training from Grants.gov and send a second provide an overall plan that includes sessions and/or training materials. notification to the interested party by time for MSHA to review any materials Second, describe plans to evaluate the e-mail. applicant’s progress in accomplishing produced. D. Intergovernmental Review (b) Overall Qualifications of the the grant work activities listed in the Applicant. application. This includes comparing The Brookwood-Sago grants are not (1) Administrative and Program planned and actual accomplishments. subject to Executive Order 12372, Capability. Briefly describe the Discuss who is responsible for taking ‘‘Intergovernmental Review of Federal organization’s functions and activities, corrective action if plans are not being Programs.’’ MSHA, however, reminds i.e., the applicant’s management and met. Third, describe plans to assess the applicants that if they are not operating internal controls. Relate this description effectiveness of the training the MSHA-approved State training grant(s), of functions to the organizational chart. applicant is conducting or the training contact the State grantee(s) and If the applicant has received within the materials. This will involve following coordinate any training or educational last five years any other government up with an evaluation, or on-site review, program in order not to duplicate any (Federal, State or local) grant funding, if feasible, of people who attended the training or educational program offered. the application must have, as an training to find out what changes were Information about each state grant and attachment (which will not count made to abate hazards or to incorporate the entity operating the state grant is towards the page limit), information the training in the workplace. For provided online at: www.msha.gov/ regarding these previous grants. This training materials, an evaluation of PROGRAMS/EPD4.HTM. information must include the individuals on the clarity of the E. Funding Restrictions organization for which the work was presentation, organization, and the done and the dollar value of the grant. information on the subject matter and MSHA will determine whether costs If the applicant does not have previous whether they would use training are allowable under the applicable grant experience, it may partner with an materials is required. Include timetables Federal cost principles and other organization that has grant experience to for follow-up and for submitting a conditions contained in the grant award.

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1. Allowable Costs number to be trained and clearly (b) The application demonstrates that Grant funds may be spent on identifies the types of workers and the applicant has strong financial conducting training, conducting employers to be trained. management and internal control outreach and recruiting activities to (2) If the proposal contains a train-the- systems. (5 points) trainer program, the following increase the number of workers and 3. Overall Qualifications of the information must be provided: employers participating in the program, • Applicant—25 Points Total developing educational materials, and What ongoing support the grantee will provide to new trainers; (a) The applicant has administered, or on necessary expenses to support these • activities. Allowable costs are The number of individuals to be will work with an organization that has trained as trainers; administered, a number of different determined by the applicable federal • costs principles identified in Part VI.B. The estimated number of courses to Federal and/or State grants in the past be conducted by the new trainers; five years. The applicant may Program income earned during the • award period shall be retained by the The estimated number of students demonstrate this experience by having recipient, added to funds committed to to be trained by these new trainers and project staff that has experience the award, and used for the purposes a description of how the grantee will administering Federal and/or State and under the conditions applicable to obtain data from the new trainers grants in the past five years. (6 points) the use of the grant funds. documenting their classes and student (b) The applicant applying for the numbers if during the grant period. grant demonstrates experience with 2. Unallowable Costs (3) The work plan activities and mine safety and health teaching or Grant funds may not be used for the training are described. providing mine safety and health • following activities under this grant The planned activities and training educational programs. Applicants that program: are tailored to the needs and levels of do not have prior experience in (a) Any activity inconsistent with the the miners and employers to be trained. providing mine safety and health goals and objectives of this SGA. Any special constituency to be served training to workers or employers may (b) Training on topics that are not through the grant program is described, partner with an established mine safety targeted under this SGA; e.g., smaller mines, limited English and health organization to acquire mine (c) Duplicating training or services proficiency miners. Organizations safety and health expertise. (13 points) offered by MSHA or any MSHA State proposing to develop materials in • Project staff has experience in mine grant under section 503 of the Mine languages other than English also will safety and health, the specific topic Safety and Health Act of 1977; be required to provide an English chosen, and/or in training workers. (d) Any equipment unless pre- version of the materials. • Project staff has experience in approved and in writing by the MSHA • If the proposal includes developing recruiting, training and working with grant officer; training materials, the workplan must the population the organization (e) Administrative costs that exceed include time during development for proposes to serve. 15% of the total grant budget; and MSHA to review the educational • Applicant has experience in (f) Any pre-award costs. materials for technical accuracy and designing and developing training Unallowable costs also include any suitability of content. If commercially- materials for a mining program. cost determined by MSHA that is not developed training products will be • Applicant has experience in allowed according to the applicable cost used for a training program, applicants managing educational programs. principles or other conditions in the also should plan for MSHA to review (c) Applicant demonstrates internal grant. the materials before using the products control and management oversight of V. Application Review Information in their grant programs. the project. (6 points) • The utility of the educational A. Evaluation Criteria 4. Impacts/Outcomes and Evaluations— materials is described. 15 Points Total MSHA will screen all applications to • The outreach or process to find determine whether all required proposal miners or trainees to receive the training The proposal should include elements are present and clearly is described. provisions for evaluating the identifiable. Those that do not comply (c) Replication. The extent a project organization’s progress in with mandatory requirements will not will be replicated and the potential for accomplishing the grant work activities be evaluated. The technical panels will the project to serve a variety of miners and accomplishments, evaluating review grant applications against the or mine sites. (4 points) training sessions, and evaluating the criteria listed below on the basis of 100 (d) Innovativeness. The novelty of the program’s effectiveness and impact to maximum points. Up to 10 additional approach used. (3 points) determine if the safety and health points will be given for leveraging non- (e) MSHA’s Performance Goals. The training and services provided resulted Federal resources. extent the proposed project will in workplace change. The proposal contribute to MSHA’s performance should include plan to follow up with 1. Program Design—40 Points Total goals. (5 points) trainees to determine the impact the (a) Problem Statement/Need for program has had in abating hazards and 2. Budget—20 Points Total Funds. (3 points) reducing worker injuries. The proposed training and education (a) The budget presentation is clear 5. Leveraged Resources—10 Points Total program or training materials must and detailed. (15 points) address the recognition and prevention • The budgeted costs are reasonable. MSHA will award up to 10 additional of safety and health hazards for mine • No more than 15% of the total rating points to applications that rescue or mine emergency preparedness budget is for administrative cost. include non-Federal resources that in underground coal mines. • The budget complies with Federal expand the size and scope of project- (b) Quality of the Project Design. (25 cost principles (which can be found in related activities. To be eligible for the points) the applicable OMB Circulars) and with additional points, the applicant must (1) The proposal to train miners and/ MSHA budget requirements contained list the resource(s), the nature of or employers clearly estimates the in the grant application instructions. programmatic activities anticipated and

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any partnerships, linkages, or law) and applicable Office of materials include Microsoft XP Word, coordination of activities, cooperative Management and Budget (OMB) PDF, PowerPoint, and any other format funding, etc., including the monetary Circulars. The grant(s) awarded under agreed upon by MSHA. value of such contributions. this competitive grant program will be 2. License subject to the following administrative B. Review and Selection Process standards and provisions, if applicable: As listed in 29 CFR 95.36, the A technical panel will rate each • 29 CFR part 2, subpart D, Equal Department of Labor reserves a royalty- complete application against the criteria Treatment for Religious Organizations. free, nonexclusive, and irrevocable right described in this SGA. One or more • 29 CFR parts 31, 32, 35 and 36, to reproduce, publish, or otherwise use applicants may be selected as grantees Nondiscrimination. for Federal purposes any work produced on the basis of the initial application • 29 CFR part 93, Restrictions on under a grant, and to authorize others to submission, or a minimally acceptable Lobbying. do so. Grantees must agree to provide number of points may be established. • 29 CFR part 94, Drug-free the Department of Labor a paid-up, MSHA may request final revisions to the Workplace. nonexclusive, and irrevocable license to applications, and then evaluate the • 29 CFR part 95, Uniform Grant reproduce, publish, or otherwise use for revised applications. MSHA may Requirements for Nonprofit Federal purposes all products consider any information that comes to Organizations. developed, or for which ownership was its attention in evaluating the • 29 CFR parts 96 and 99, Audits. purchased, under an award. Such applications. • 29 CFR part 97, Uniform Grant products include, but are not limited to, The panel recommendations are Requirements for States. curricula, training models, technical advisory in nature. The Assistant • 29 CFR part 98, Debarment and assistance products, and any related Secretary will make a final selection Suspension. materials. Such uses include, but are not determination based on what is most • 2 CFR part 220, Cost Principles for limited to, the right to modify and advantageous to the Government, Educational Institutions. distribute such products worldwide by considering factors such as panel • 2 CFR part 225, Cost Principles for any means, electronic, or otherwise. findings, geographic presence of the State and Local Governments. applicants or the areas to be served, • 2 CFR part 230, Cost Principles for 3. Acknowledgement on Printed Agency priorities, and the best value to Other Nonprofit Organizations. Materials the government, cost and other factors. Administrative costs for these grants All approved grant-funded materials The Assistant Secretary’s determination may not exceed 15%. Except as developed by a grantee shall contain the for award under this SGA is final. specifically provided, MSHA’s following disclaimer: ‘‘This material C. Anticipated Announcement and acceptance of a proposal or MSHA’s was produced under grant number Award Dates award of Federal funds to sponsor any XXXXX from the Mine Safety and Health Administration, U.S. Department Announcement of these awards is program(s) does not constitute a waiver of any grant requirement or procedure. of Labor. It does not necessarily reflect expected to occur by September 15, the views or policies of the U.S. 2007. The grant agreement will be For example, if an application identifies a specific sub-contractor to provide Department of Labor, nor does mention signed by no later than September 29, of trade names, commercial products, or 2007. certain services, the MSHA award does not provide a basis to sole-source the organizations imply endorsement by the VI. Award Administration Information procurement (to avoid competition). U.S. Government.’’ When issuing statements, press A. Award Process C. Special Program Requirements releases, request for proposals, bid Organizations selected as potential 1. MSHA Review of Educational solicitations, and other documents grant recipients will be notified by a Materials describing projects or programs funded representative of the Assistant in whole or in part with Federal money, Secretary, usually the Grant Officer or MSHA will review all grantee- all grantees receiving Federal funds his staff. An applicant whose proposal produced educational and training must clearly state: is not selected will be notified in materials for technical accuracy and (a) The percentage of the total costs of writing. The fact that an organization suitability of content during the program or project that will be has been selected as a potential grant development and before final financed with Federal money; recipient does not necessarily constitute publication. MSHA also will review (b) The dollar amount of federal approval of the grant application as training curricula and purchased financial assistance for the project or submitted (revisions may be required). training materials for technical accuracy program; and Before the actual grant award, MSHA and suitability of content before the (c) The percentage and dollar amount may enter into negotiations with the materials are used. Grantees developing of the total costs of the project or awardee concerning such matters as training materials must follow all program that will be financed by non- program components, staffing and copyright laws and provide written governmental sources. funding levels, and administrative certification that their materials are free 4. Use of U.S. Department of Labor systems. If the negotiations do not result from copyright infringements. (USDOL) and MSHA Logos in an acceptable submittal, the Assistant When grantees produce training Secretary reserves the right to terminate materials, they must provide copies of The USDOL or the MSHA logo may be the negotiations and decline to fund the completed materials to MSHA before applied to the grant-funded material proposal. the end of the grant period. Completed including posters, videos, pamphlets, materials should be submitted to MSHA research documents, national survey B. Administrative and National Policy in hard copy and in digital format (CD– results, impact evaluations, best practice Requirements ROM/DVD) for publication on the reports, and other publications. The All grantees will be subject to MSHA Web site. Two copies of the grantee(s) must consult with MSHA on applicable Federal laws and regulations materials must be provided to MSHA. whether the logo may be used on any (including provisions of appropriations Acceptable formats for training such items prior to final draft or final

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preparation for distribution. In no event required to respond to a collection of SUMMARY: The interagency Trade Policy shall the USDOL or the MSHA logo be information unless such collection Staff Committee (TPSC) will convene a placed on any item until MSHA has displays a valid OMB control number. public hearing and seek public given the grantee written permission to Public reporting burden for the grant comment to assist the Office of the use either logo on the item. application is estimated to average 20 United States Trade Representative hours per response, and 5 hours for (USTR) in the preparation of its annual 5. Reporting grantee reporting. These estimates report to the Congress on China’s Grantees are required by include time for reviewing instructions, compliance with the commitments Departmental regulations to submit searching existing data sources, made in connection with its accession financial and project reports, as gathering and maintaining the data to the World Trade Organization (WTO). described below, each calendar quarter. needed, and completing and reviewing DATES: Persons wishing to testify at the All reports are due no later than 30 days the collection of information. Each hearing must provide written after the end of the calendar quarter and recipient who receives a grant award notification of their intention, as well as shall be submitted to MSHA. Grantees notice will be required to submit nine a copy of their testimony, by noon, also are required to submit final reports reports to MSHA. Each report will take Thursday, September 13, 2007. Written 90 days after the end of the grant period. approximately five hours to prepare. comments are due by noon, Monday, MSHA will provide further details on Send comments regarding the burden September 17, 2007. A hearing will be the format and process for each of the estimated or any other aspect of this held in Washington, DC, on Thursday, reports in the grantee orientation collection of information, including September 27, 2007. meeting. suggestions for reducing this burden, to ADDRESSES: (a) Financial Reports. The grantee the U.S. Department of Labor, should be Submissions by electronic mail: shall submit financial reports on a directed to Mine Safety and Health [email protected]. quarterly basis. Administration, Robert Glatter at Submissions by facsimile: Gloria Blue, (b) Technical Project Reports. After [email protected] or at 202–693– Executive Secretary, Trade Policy Staff signing the agreement, the grantee shall 9570 (this is not a toll-free number); or Committee, Office of the United States submit technical project reports to the Grant Officer, Darrell A. Cooper at Trade Representative, (202) 395–6143. MSHA at the end of each calendar [email protected] or on 202–693– The public is strongly encouraged to quarter. Technical project reports 9831. SEND APPLICATIONS TO submit documents electronically rather provide both quantitative and MSHA, USING THE GRANTS.GOV than by facsimile. (See requirements for qualitative information and a narrative SITE. submissions below.) assessment of performance for the This information is being collected for FOR FURTHER INFORMATION CONTACT: For preceding three-month period. the purpose of awarding a grant. The Between reporting dates, the grantee information collected through this procedural questions concerning written shall immediately inform MSHA of ‘‘Solicitation for Grant Applications’’ comments or participation in the public significant developments and/or will be used by the Department of Labor hearing, contact Gloria Blue, (202) 395– problems affecting the organization’s to ensure that grants are awarded to the 3475. All other questions should be ability to accomplish work. applicant best suited to perform the directed to Terrence J. McCartin, Deputy (c) Final Reports. At the end of the functions of the grant. Submission of Assistant United States Trade grant period, each grantee must provide this information is required in order for Representative for China Enforcement, a final financial report, a summary of its the applicant to be considered for award (202) 395–3900, or Claire E. Reade, technical project reports, and an of this grant. Unless otherwise Chief Counsel for China Trade evaluation report. specifically noted in this Enforcement, (202) 395–9625. announcement, information submitted SUPPLEMENTARY INFORMATION: H. Freedom of Information in the respondent’s application is not 1. Background Any information submitted in considered to be confidential. response to this SGA will be subject to China became a Member of the WTO Authority: Section 14 of the MINER Act, 30 on December 11, 2001. In accordance the provisions of the Freedom of U.S.C. 965. Information Act, as appropriate. with section 421 of the U.S.-China This 20th day of July, 2007. Relations Act of 2000 (Pub. L. 106–286), VII. Agency Contacts Robert M. Friend, USTR is required to submit, by Any questions regarding this SGA Deputy Assistant Secretary for Mine Safety December 11 of each year, a report to should be directed to Robert Glatter at and Health. Congress on China’s compliance with [email protected] or at 202–693– [FR Doc. E7–14365 Filed 7–24–07; 8:45 am] commitments made in connection with 9570 (this is not a toll-free number); or BILLING CODE 4510–43–P its accession to the WTO, including the Grant Officer, Darrell A. Cooper at both multilateral commitments and any [email protected] or on 202–693– bilateral commitments made to the 9831. MSHA’s webpage at OFFICE OF THE UNITED STATES United States. In accordance with www.msha.gov is a valuable source of TRADE REPRESENTATIVE section 421, and to assist it in preparing background for this initiative. this year’s report, the TPSC is hereby Request for Comments and Notice of soliciting public comment. Last year’s VIII. Office of Management and Budget Public Hearing Concerning China’s report is available on USTR’s Internet Information Collection Requirements Compliance With WTO Commitments Web site (at www.ustr.gov/ _ _ This SGA requests information from AGENCY: Office of the United States World Regions/North Asia/China/ _ applicants. This collection of Trade Representative. Section Index.html). information is approved under OMB The terms of China’s accession to the ACTION: Request for comments and Information Collection No. 1205–0458 WTO are contained in the Protocol on notice of public hearing concerning (expires September 30, 2009). the Accession of the People’s Republic China’s compliance with its WTO According to the Paperwork of China (including its annexes) commitments. Reduction Act of 1995, no persons are (Protocol), the Report of the Working

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Party on the Accession of China and (2) a short (on or two paragraph) available for public inspection in the (Working Party Report), and the WTO summary of the presentation, including USTR Reading Room. The USTR agreements. The Protocol and Working the commitments at issue and, as Reading Room is open to the public, by Party Report can be found on the applicable, the product(s) (with HTSUS appointment only, from 10 a.m. to 12 Department of Commerce Web page, numbers), service sector(s), or other noon and 1 p.m. to 4 p.m., Monday http://www.mac.doc.gov/China/ subjects to be discussed. A copy of the through Friday. An appointment to WTOAccessionPackage.htm, or on the testimony must accompany the review the file may be made by calling WTO Web site, http:// notification. Remarks at the hearing (202) 395–6186. Appointments must be docsonline.wto.org (document symbols: should be limited to no more than five scheduled at least 48 hours in advance. WT/L/432, WT/MIN(01)/3, WT/ minutes to allow for possible questions General information concerning USTR MIN(01)/3/Add.1, WT/MIN(01)/3/ from the TPSC. may be obtained by accessing its Add.2). All documents should be submitted in Internet Web site http://www.ustr.gov accordance with the instructions in 2. Public Comment and Hearing section 3 below. Carmen Suro-Bredie, USTR invites written comments and/ Chairman, Trade Policy Staff Committee. or oral testimony of interested persons 3. Requirements for Submissions [FR Doc. 07–3639 Filed 7–24–07; 8:45 am] on China’s compliance with In order to facilitate prompt BILLING CODE 3110–W7–M commitments made in connection with processing of submissions, USTR its accession to the WTO, including, but strongly urges and prefers electronic (e- not limited to, commitments in the mail) submissions in response to this following areas: (a) Trading rights; (b) notice. In the event that an e-mail SECURITIES AND EXCHANGE import regulation (e.g., tariffs, tariff-rate submission is impossible, submissions COMMISSION quotas, quotas, import licenses); (c) should be made by facsimile. [File No. 500–1] export regulation; (d) internal policies Persons making submissions by affecting trade (e.g., subsidies, standards e-mail should use the following subject In the Matter of Vision Airships, Inc.; and technical regulations, sanitary and line: ‘‘China WTO’’followed by (as Order of Suspension of Trading phytosanitary measures, government appropriate) ‘‘Written Comments’’ procurement, trade-related investment ‘‘Notice of Testimony,’’ or ‘‘Testimony.’’ July 23, 2007. measures, taxes and charges levied on Documents should be submitted as It appears to the Securities and imports and exports); (e) intellectual either Adobe PDF, WordPerfect, Exchange Commission that the public property rights (including intellectual MSWord, or text (.TXT) files. interest and the protection of investors property rights enforcement); (f) Supporting documentation submitted as require a suspension of trading in the services; (g) rule of law issues (e.g., spreadsheets is acceptable as Quattro securities of Vision Airships, Inc. transparency, judicial review, uniform Pro or Excel. For any document (‘‘Vision Airships’’) because questions administration of laws and regulations) containing business confidential have arisen regarding the adequacy and and status of legal reform; and (h) other information submitted electronically, accuracy of assertions made by Vision WTO commitments. In addition, given the file name of the business Airships in publicly disseminated press the Administration’s view that China confidential version should begin with releases concerning among other things should be held accountable as a full the characters ‘‘BC-’’ and the file name (1) The company’s acquisition of participant in, and beneficiary of, the of the public version should begin with blimps, (2) the existence of company international trading system now that the characters ‘‘P-’’. The ‘‘P-’’ or ‘‘BC-’’ negotiations with other entities for use almost all of its WTO commitments should be followed by the name of the of the blimps, (3) the company’s funding should have been implemented (see submitter. Persons who make for its global expansion, and (4) the ‘‘U.S.-China Trade Relations: Entering a submissions by e-mail should not potential annual revenues from airship New Phase of Greater Accountability provide separate cover letters; use. and Enforcement,’’ issued by USTR in information that might appear in a cover Vision Airships, a company traded in February 2006, http://www.ustr.gov/ letter should be included in the the Over-the-Counter market under the World_Regions/North_Asia/China/ submission itself. Similarly, to the ticker symbol VPSN, has made no 2006_Top-to-Bottom_Review/ extent possible, any attachments to the public filings with the Commission, and Section_Index.html), USTR requests that submission should be included in the has recently been the subject of spam interested persons also specifically same file as the submission itself, and email touting the company’s shares. identify unresolved compliance issues not as separate files. The Commission is of the opinion that that warrant review and evaluation by Written comments, notices of the public interest and the protection of USTR’s China Enforcement Task Force. testimony, and testimony will be placed investors require a suspension of trading Written comments must be received in a file open to public inspection in the securities of the above listed no later than noon, Monday, September pursuant to 15 CFR 2003.5, except for company. 17, 2007. confidential business information Therefore, it is ordered, pursuant to A hearing will be held on Thursday, exempt from public inspection in Section 12(k) of the Securities Exchange September 27, 2007, in Room 1, 1724 F accordance with 15 CFR 2003.6. Act of 1934, that trading in the above Street, NW., Washington, DC 20508. If Confidential business information listed company is suspended for the necessary, the hearing will continue on submitted in accordance with 15 CFR period from 9:30 a.m. EST July 23, 2007 the next day. 2003.6 must be clearly marked through 11:59 p.m. EST, on August 3, Persons wishing to testify orally at the ‘‘BUSINESS CONFIDENTIAL’’ at the 2007. hearing must provide written tope of each page, including any cover notification of their intention by noon, letter or cover page, and must be By the Commission. Thursday, September 13, 2007. The accompanied by a nonconfidential J. Lynn Taylor, notification should include: (1) The summary of the confidential Assistant Secretary. name, address, and telephone number of information. All public documents and [FR Doc. 07–3655 Filed 7–23–07; 10:48 am] the person presenting the testimony; nonconfidential summaries shall be BILLING CODE 8010–01–P

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s ability to provide liquidity in this COMMISSION Statement of the Purpose of, and product. Statutory Basis for, the Proposed Rule As the Exchange also described in the [Release No. 34–56090; File No. SR–Amex– Change proposal that established the IWM Pilot Program, IWM options have grown to 2007–73] 1. Purpose become one of the largest options Self-Regulatory Organizations; The Exchange proposes to extend the contracts in terms of trading volume. American Stock Exchange LLC; Notice IWM Pilot Program and to make non- For example, through July 9, 2007, year- of Filing and Immediate Effectiveness substantive changes to simplify the rule to-date industry volume in IWM options of a Proposed Rule Change Relating to text describing the IWM Pilot Program. has averaged over 513,344 contracts per Extension of the iShares Russell The IWM Pilot Program will allow day, for a total of 61,167,982 million 2000 Index Fund Option Pilot position and exercise limits for options contracts. In addition, through July 9, Program Until January 18, 2008 on IWM to remain at 500,000 contracts 2007, Amex volume in IWM options has on a pilot basis, for an additional six- averaged 25,852 contracts per day for a July 18, 2007. month period through January 18, total of 3,231,466 contracts. Pursuant to Section 19(b)(1) of the 2008.5 As a result, the Exchange proposes Securities Exchange Act of 1934 The Exchange established the IWM that options on IWM continue to be 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, Pilot Program in January 2007.6 As subject to position and exercise limits of notice is hereby given that on July 11, noted in that filing, in June 2005, as a 500,000 contracts on a pilot basis to run 2007, the American Stock Exchange LLC result of a 2-for-1 stock split, the through January 18, 2008.9 The (‘‘Amex’’ or ‘‘Exchange’’) filed with the position limit for IWM options was Exchange believes that maintaining the Securities and Exchange Commission temporarily increased from 250,000 increased position and exercise limits (‘‘Commission’’) the proposed rule contracts (covering 25,000,000 shares) to for IWM options will lead to a more change as described in Items I and II 500,000 contracts (covering 50,000,000 liquid and more competitive market below, which Items have been shares). At the time of the split, the environment for IWM options that will substantially prepared by Amex. The furthest IWM option expiration date was benefit customers interested in this Exchange has filed the proposal January 2007. Therefore, the temporary product. pursuant to Section 19(b)(3)(A) of the increase of the IWM position limit The Exchange will require that each Act 3 and Rule 19b–4(f)(6) thereunder,4 would have reverted to the pre-split member or member organization that which renders the proposal effective level (as provided for in connection maintains a position on the same side of upon filing with the Commission. The with the Rule 904 Pilot Program) of the market in excess of 10,000 contracts Commission is publishing this notice to 250,000 contracts after expiration in in the IWM option class, for its own solicit comments on the proposed rule January 2007, or on January 22, 2007.7 account or for the account of a customer change from interested persons. The Exchange continues to believe report certain information.10 This data I. Self-Regulatory Organization’s that a position limit of 250,000 contracts would include, but would not be Statement of the Terms of Substance of is too low and may be a deterrent to the limited to, the option position, whether the Proposed Rule Change successful trading of IWM options. such position is hedged and if so, a Importantly, options on IWM are 1⁄10th description of the hedge and if The Exchange proposes to extend the the size of options on the Russell applicable, the collateral used to carry existing pilot program that increases the 2000Index (‘‘RUT’’), which have a the position. Exchange Registered position and exercise limits for options position limit of 50,000 contracts.8   Options Traders and specialists would on the iShares Russell 2000 Index Traders who trade IWM options to continue to be exempt from this Fund (‘‘IWM’’) traded on the Exchange hedge positions in RUT options are reporting requirement as market-maker (‘‘IWM Pilot Program’’). The text of the likely to find a position limit of 250,000 information can be accessed through the proposed rule change is available at contracts in IWM options too restrictive Exchange’s market surveillance systems. Amex, the Commission’s Public and insufficient to properly hedge. For In addition, the general reporting Reference Room, and http:// example, if a trader held 50,000 RUT requirement for customer accounts that www.amex.com. options and wanted to hedge that maintain a position in excess of 200 II. Self-Regulatory Organization’s position with IWM options, the trader contracts will remain at this level for Statement of the Purpose of, and would need—at a minimum—500,000 IWM options.11 IWM options to properly hedge the Statutory Basis for, the Proposed Rule 2. Statutory Basis Change position. Therefore, the Exchange continues to believe that a position limit The Exchange believes that the In its filing with the Commission, of 250,000 contracts is too low and may proposed rule change is consistent with Amex included statements concerning adversely affect market participants’ and furthers the objectives of Section the purpose of and basis for the 6(b)(5) of the Act,12 in that it is designed proposed rule change and discussed any 5 January 18, 2008 is the third Friday of the to promote just and equitable principles comments it received on the proposed month (or expiration Friday), which is the day on of trade, to remove impediments to and rule change. The text of these statements which the January 2008 IWM options will expire. perfect the mechanism of a free and may be examined at the places specified 6 See Securities Exchange Act Release No. 55163 (January 24, 2007), 72 FR 4547 (January 31, 2007). in Item IV below. Amex has prepared 9 7 See Amex Information Circular #05–0397. Pursuant to Amex Rule 905, the exercise limit summaries, set forth in Sections A, B, 8 See Amex Rule 904C; see also Securities established for IWM options shall be equivalent to and C below, of the most significant Exchange Act Release Nos. 45236 (January 2, 2002), the position limit prescribed for IWM options in aspects of such statements. 67 FR 1378 (January 10, 2002) (increase of position Commentary .07 to Amex Rule 904. The increased and exercise limits to 300,000 for QQQ options); exercise limits would only be in effect during the and 51043 (January 14, 2005), 70 FR 3402 (January pilot period, to run from June 22, 2007 through 1 15 U.S.C. 78s(b)(1). 24, 2005) (accelerated approval granted to increase January 18, 2008. 2 17 CFR 240.19b–4. position and exercise limits for options on Standard 10 See Amex Rule 906(b). 3 15 U.S.C. 78s(b)(3)(A). and Poor’s Depositary Receiptsfrom 75,000 to 11 See Amex Rule 906(a). 4 17 CFR 240.19b–4(f)(6). 300,000). 12 15 U.S.C. 78f(b)(5).

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open market and a national market At any time within 60 days of the submissions. You should submit only system, and, in general, to protect filing of such proposed rule change the information that you wish to make investors and the public interest. Commission may summarily abrogate available publicly. All submissions such rule change if it appears to the should refer to File Number SR–Amex– B. Self-Regulatory Organization’s 2007–73 and should be submitted on or Statement on Burden on Competition Commission that such action is necessary or appropriate in the public before August 15, 2007. The Exchange does not believe that interest, for the protection of investors For the Commission, by the Division of the proposed rule change will impose or otherwise in furtherance of the Market Regulation, pursuant to delegated any burden on competition that is not purposes of the Act. authority.18 necessary or appropriate in furtherance Florence E. Harmon, of the purposes of the Act. IV. Solicitation of Comments Deputy Secretary. Interested persons are invited to C. Self-Regulatory Organization’s [FR Doc. E7–14312 Filed 7–24–07; 8:45 am] submit written data, views, and Statement on Comments on the BILLING CODE 8010–01–P Proposed Rule Change Received From arguments concerning the foregoing, Members, Participants or Others including whether the proposed rule change is consistent with the Act. No written comments were solicited SECURITIES AND EXCHANGE Comments may be submitted by any of COMMISSION or received with respect to the proposed the following methods: rule change. [Release No. 34–56102; File No. SR–Amex– Electronic Comments 2007–64] III. Date of Effectiveness of the Proposed • Use the Commission’s Internet Rule Change and Timing for Self-Regulatory Organizations; Commission Action comment form (http://www.sec.gov/ rules/sro.shtml); or American Stock Exchange LLC; Notice Because the forgoing rule change does • Send an e-mail to rule- of Filing and Order Granting not: (1) Significantly affect the [email protected]. Please include File Accelerated Approval of Proposed protection of investors or the public Number SR–Amex–2007–73 on the Rule Change Relating to an Extension interest; (2) impose any significant subject line. of the Linkage Fee Pilot Program burden on competition; and (3) become operative for 30 days after the date of Paper Comments July 19, 2007. Pursuant to Section 19(b)(1) of the this filing, or such shorter time as the • Send paper comments in triplicate Securities Exchange Act of 1934 Commission may designate, it has to Nancy M. Morris, Secretary, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 become effective pursuant to Section Securities and Exchange Commission, notice is hereby given that on June 27, 19(b)(3)(A) of the Act13 and Rule 19b– 100 F Street, NE., Washington, DC 14 2007, the American Stock Exchange LLC 4(f)(6) thereunder. 20549–1090. (‘‘Amex’’ or ‘‘Exchange’’) filed with the A proposed rule change filed under All submissions should refer to File 19b–4(f)(6) normally may not become Securities and Exchange Commission Number SR–Amex–2007–73. This file (‘‘Commission’’) the proposed rule operative prior to 30 days after the date number should be included on the 15 change as described in Items I and II of filing. However, Rule 19b– subject line if e-mail is used. To help the 16 below, which Items have been 4(f)(6)(iii) permits the Commission to Commission process and review your designate a shorter time if such action substantially prepared by the Exchange. comments more efficiently, please use This order provides notice of the is consistent with the protection of only one method. The Commission will investors and the public interest. The proposed rule change and approves the post all comments on the Commission’s proposed rule change on an accelerated Exchange has requested that the Internet Web site (http://www.sec.gov/ Commission waive the 30-day operative basis. rules/sro.shtml). Copies of the delay. The Commission believes that submission, all subsequent I. Self-Regulatory Organization’s waiving the 30-day operative delay is amendments, all written statements Statement of the Terms of Substance of consistent with the protection of with respect to the proposed rule the Proposed Rule Change investors and the public interest change that are filed with the because such waiver would permit The Exchange proposes to extend for Commission, and all written position and exercise limits for options one year, until July 31, 2008, the current communications relating to the on IWM to continue at 500,000 option pilot program regarding transaction fees proposed rule change between the contracts for a six-month pilot period. for trades executed through the Commission and any person, other than For this reason, the Commission intermarket options linkage (the designates the proposed rule change to those that may be withheld from the ‘‘Linkage’’) on the Exchange. The text of be operative upon filing with the public in accordance with the the proposed rule change is available at Commission.17 provisions of 5 U.S.C. 552, will be the Exchange, the Commission’s Public available for inspection and copying in Reference Room, and 13 15 U.S.C. 78s(b)(3)(A). the Commission’s Public Reference http://www.amex.com. 14 Room, 100 F Street, NE., Washington, 17 CFR 240.19b–4(f)(6). II. Self-Regulatory Organization’s 15 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule DC 20549, on official business days 19b–4(f)(6)(iii) requires that a self-regulatory between the hours of 10 a.m. and 3 p.m. Statement of the Purpose of, and organization submit to the Commission written Copies of the filing also will be available Statutory Basis for, the Proposed Rule notice of its intent to file the proposed rule change, Change along with a brief description and text of the for inspection and copying at the proposed rule change, at least five business days principal office of Amex. All comments In its filing with the Commission, the prior to the date of filing of the proposed rule received will be posted without change; Exchange included statements change, or such shorter time as designated by the Commission. The Exchange has satisfied the five- the Commission does not edit personal concerning the purpose of, and basis for, day pre-filing notice requirement. identifying information from 16 Id. 18 17 CFR 200.30–3(a)(12). 17 For the purposes only of waiving the 30-day proposed rule’s impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). operative delay, the Commission has considered the and capital formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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the proposed rule change and discussed Based on the experience to date, the communications relating to the any comments it received on the Exchange believes that an extension of proposed rule change between the proposed rule change. The text of these the pilot program for one year until July Commission and any person, other than statements may be examined at the 31, 2008 is appropriate. those that may be withheld from the places specified in Item III below. The public in accordance with the 2. Statutory Basis Exchange has prepared summaries, set provisions of 5 U.S.C. 552, will be forth in Sections A, B, and C below, of The proposed fee change is consistent available for inspection and copying in the most significant aspects of such with Section 6(b)(4) of the Act 6 the Commission’s Public Reference statements. regarding an equitable allocation of Room, 100 F Street, NE., Washington, reasonable dues, fees, and other charges DC 20549, on official business days A. Self-Regulatory Organization’s among its members and other persons between the hours of 10 a.m. and 3 p.m. Statement of the Purpose of, and using Exchange facilities. Copies of such filing also will be Statutory Basis for, the Proposed Rule available for inspection and copying at Change B. Self-Regulatory Organization’s the principal office of the Exchange. All Statement on Burden on Competition 1. Purpose comments received will be posted Amex proposes to extend for one year, The proposed rule change will impose without change; the Commission does until July 31, 2008, the current pilot no burden on competition that is not not edit personal identifying program establishing Exchange fees for necessary or appropriate in furtherance information from submissions. You Principal Orders (‘‘P Orders’’) and of the purposes of the Act. should submit only information that you wish to make available publicly. All Principal Acting As Agent Orders C. Self-Regulatory Organization’s submissions should refer to File (‘‘P/A Orders’’) submitted through the Statement on Comments on the Number SR-Amex-2007–64 and should Linkage. The fees in connection with Proposed Rule Change Received From be submitted on or before August 15, the pilot program are scheduled to Members, Participants or Others expire on July 31 2007.3 2007. No written comments were solicited The current fees applicable to P IV. Commission’s Findings and Order Orders and P/A Orders executed on the or received with respect to the proposed rule change. Granting Accelerated Approval of the Exchange are as follows: (i) $0.10 per Proposed Rule Change contract side options transaction fee for III. Solicitation of Comments equity options, exchange traded fund After careful consideration, the share (‘‘ETF’’) options, QQQQ options Interested persons are invited to Commission finds that the proposed and trust issued receipt options; (ii) submit written data, views, and rule change is consistent with the $0.21 per contract side options arguments concerning the foregoing, requirements of the Act and the rules including whether the proposed rule and regulations thereunder applicable to transaction fee for index options 7 (including MNX and NDX options); (iii) change is consistent with the Act. a national securities exchange, and, in Comments may be submitted by any of particular, the requirements of Section $0.05 per contract side options 8 comparison fee; (iv) $0.05 per contract the following methods: 6(b) of the Act and the rules and regulations thereunder. The side options floor brokerage fee; and (v) Electronic Comments Commission finds that the proposed an options licensing fee for certain ETF • Use the Commission’s Internet rule change is consistent with Section and index option products ranging from comment form 6(b)(4) of the Act,9 which requires that $0.15 per contract side to $0.05 per (http://www.sec.gov/rules/sro.shtml); or the rules of the Exchange provide for the contract side depending on the • Send an e-mail to equitable allocation of reasonable dues, particular ETF or index option.4 These [email protected]. Please include fees, and other charges among its are the same fees charged to specialists File Number SR–Amex–2007–64 on the members and other persons using its and registered option traders (‘‘ROTs’’) subject line. facilities. The Commission believes that for transactions executed on the the extension of the Linkage fee pilot 5 Paper Comments Exchange. The Exchange does not until July 31, 2008 will give the charge for the execution of Satisfaction • Send paper comments in triplicate Exchange and the Commission further Orders sent through the Linkage. to Nancy M. Morris, Secretary, opportunity to evaluate whether such As was the case in the original pilot Securities and Exchange Commission, fees are appropriate. program and subsequent extensions, the 100 F Street, NE., Washington, DC The Commission also finds good Exchange believes that the existing fees 20549–1090. cause for approving the proposed rule currently charged to Exchange All submissions should refer to File change prior to the 30th day after the specialists and ROTs should also apply Number SR–Amex–2007–64. This file date of publication of the notice of filing to executions resulting from Linkage number should be included on the thereof in the Federal Register. The Orders. subject line if e-mail is used. To help the Commission believes that granting Commission process and review your accelerated approval of the proposed 3 See Securities Exchange Act Release No. 54161 (July 17, 2006), 71 FR 42141 (July 25, 2006) (SR– comments more efficiently, please use rule change will preserve the Amex–2006–62). only one method. The Commission will Exchange’s existing pilot program for 4 See the Options Licensing Fee section of the post all comments on the Commission’s Linkage fees without interruption as the Amex Options FeeSchedule available at Internet Web site Exchange and the Commission continue http://www.amex.com. (http://www.sec.gov/rules/sro.shtml). considering the appropriateness of 5 As set forth in the Amex Options Fee Schedule, Linkage fees. Therefore, the Commission P/A Orders and POrders are not subject to the Copies of the submission, all subsequent options marketing fee and the options cancellation amendments, all written statements fee even though specialists and ROTs may be with respect to the proposed rule 7 In approving this rule change, the Commission subject to these fees for trades executed on the change that are filed with the notes that it hasconsidered the proposal’s impact on Exchange. E-mail from Jeffrey P. Burns, Vice efficiency, competition, and capital formation. See President & Associate General Counsel, Amex to Commission, and all written 15 U.S.C. 78c(f). David Liu, Assistant Director, Division of Market 8 15 U.S.C. 78f(b). Regulation, Commission dated July 18, 2007. 6 15 U.S.C. 78f(b)(4). 9 15 U.S.C. 78f(b)(4).

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finds good cause, consistent with Automated Improvement Mechanism proposed rule change merely extends Section 19(b)(2) of the Exchange Act,10 (‘‘AIM’’) for one year, until July 18, the duration of the pilot programs until to approve the proposed rule change on 2008. The text of the proposed rule July 18, 2008. Extending the pilots for an accelerated basis. change is available on the Exchange’s an additional year will allow the Web site (http://www.cboe.com), at the Commission more time to consider the V. Conclusion Exchange’s Office of the Secretary, and impact of the pilot programs on AIM It is therefore ordered, pursuant to at the Commission’s Public Reference order executions. Section 19(b)(2) of the Act,11 that the Room. proposed rule change (SR–Amex–2007– 2. Statutory Basis II. Self-Regulatory Organization’s 64), be and it hereby is, approved on an The Exchange believes the proposed Statement of the Purpose of, and accelerated basis. rule change is consistent with Section Statutory Basis for, the Proposed Rule 6(b) of the Act,8 in general, and furthers For the Commission, by the Division of Change Market Regulation, pursuant to delegated the objectives of Section 6(b)(5) of the 9 authority.12 In its filing with the Commission, the Act, in particular, in that by allowing Florence E. Harmon, Exchange included statements the Commission additional time to concerning the purpose of and basis for evaluate the AIM pilot programs, it Deputy Secretary. the proposed rule change and discussed should serve to remove impediments to [FR Doc. E7–14358 Filed 7–24–07; 8:45 am] any comments it received on the and perfect the mechanism of a free and BILLING CODE 8010–01–P proposed rule change. The text of those open market and a national market statements may be examined at the system, and protect investors and the places specified in Item IV below. The public interest. SECURITIES AND EXCHANGE Exchange has prepared summaries, set COMMISSION B. Self-Regulatory Organization’s forth in Sections A, B, and C below, of Statement on Burden on Competition [Release No. 34–56094; File No. SR–CBOE– the most significant parts of such 2007–80] statements. CBOE does not believe that the proposed rule change will impose any Self-Regulatory Organizations; A. Self-Regulatory Organization’s burden on competition not necessary or Chicago Board Options Exchange, Statement of the Purpose of, and the appropriate in furtherance of the Incorporated; Notice of Filing and Statutory Basis for, the Proposed Rule purposes of the Act. Immediate Effectiveness of Proposed Change C. Self-Regulatory Organization’s Rule Change To Extend Two Pilot 1. Purpose Programs Related to the Exchange’s Statement on Comments on the Automated Improvement Mechanism In February 2006, CBOE obtained Proposed Rule Change Received From Members, Participants, or Others Until July 18, 2008 approval of a filing adopting the AIM auction process.5 AIM exposes certain The Exchange neither solicited nor July 18, 2007. orders electronically to an auction received comments on the proposal. Pursuant to Section 19(b)(1) of the process to provide such orders with the Securities Exchange Act of 1934 opportunity to receive an execution at III. Date of Effectiveness of the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 an improved price. The AIM auction is Proposed Rule Change and Timing for notice is hereby given that on July 13, available only for orders that an Commission Action 2007, the Chicago Board Options Exchange member represents as agent The foregoing rule change has become Exchange, Incorporated (‘‘Exchange’’ or and for which a second order of the effective pursuant to Section 19(b)(3)(A) ‘‘CBOE’’) filed with the Securities and same size as the ‘‘Agency Order’’ (and of the Act 10 and Rule 19b–4(f)(6) 11 Exchange Commission (‘‘Commission’’) on the opposite side of the market) is thereunder because the proposal does the proposed rule change as described also submitted (effectively stopping the not: (i) Significantly affect the in Items I and II below, which Items Agency Order at a given price). protection of investors or the public have been substantially prepared by the Two components of AIM were interest; (ii) impose any significant Exchange. The Exchange filed the approved on a pilot basis: (1) That there burden on competition; and (iii) by its proposed rule change pursuant to is no minimum size requirement for terms, become operative for 30 days Section 19(b)(3)(A) of the Act 3 and Rule orders to be eligible for the auction; and from the date on which it was filed, or 19b–4(f)(6) thereunder,4 which renders (2) that the auction will conclude such shorter time as the Commission the proposed rule change effective upon prematurely anytime there is a quote may designate if consistent with the filing with the Commission. The lock on the Exchange pursuant to protection of investors and the public Commission is publishing this notice to Exchange Rule 6.45A(d).6 In connection interest.12 solicit comments on the proposed rule with the pilot programs, the Exchange A proposed rule change filed under change from interested persons. has submitted to the Commission Rule 19b–4(f)(6) normally may not reports providing detailed AIM auction I. Self-Regulatory Organization’s and order execution data. In July 2006, 8 15 U.S.C. 78f(b). Statement of the Terms of Substance of the Exchange extended the pilot 9 15 U.S.C. 78(f)(b)(5). 10 the Proposed Rule Change program until July 18, 2007.7 The 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b–4(f)(6). CBOE proposes to extend two pilot 12 Rule 19b–4(f)(6)(iii) under the Act requires the programs related to the Exchange’s 5 See Securities Exchange Act Release No. 53222 Exchange to provide the Commission notice of the (February 3, 2006), 71 FR7089 (February 10, 2006) Exchange’s intent to file the proposed rule change, (approving SR–CBOE–2005–60). 10 15 U.S.C. 78s(b)(2). along with a brief description and text of the 6 That rule relates to situations where a Market- 11 15 U.S.C. 78s(b)(2). proposed rule change, at least five business days Maker’s quote interacts with the quote of another prior to the date of filing of the proposed rule 12 17 CFR 200.30–3(a)(12). CBOE Market-Maker (i.e. when internal quotes change, or such shorter time as designated by the 1 15 U.S.C. 78s(b)(1). lock). Commission. See 17 CFR 240.19b–4(f)(6)(iii). The 2 17 CFR 240.19b–4. 7 See Securities Exchange Act Release No. 54147 Commission deems this requirement to have been 3 15 U.S.C. 78s(b)(3)(A). (July 14, 2006), 71 FR 41487 (July 21, 2006) (SR– satisfied by the notice of intent filed by the 4 17 CFR 240.19b–4(f)(6). CBOE–2006–64). Exchange on July 10, 2007.

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become operative prior to 30 days after submission, all subsequent comments on the proposed rule change the date of filing. However, Rule 19b– amendments, all written statements from interested persons. 4(f)(6)(iii) 13 permits the Commission to with respect to the proposed rule I. Self-Regulatory Organization’s designate a shorter time if such action change that are filed with the Statement of the Terms of Substance of is consistent with the protection of Commission, and all written the Proposed Rule Change investors and the public interest. The communications relating to the Exchange has requested that the proposed rule change between the The ISE is proposing to amend its Commission waive the 30-day operative Commission and any person, other than Schedule of Fees to add a clarifying delay period. The Commission believes those that may be withheld from the sentence to resolve an ambiguity with that waiver of the 30-day operative public in accordance with the respect to fees charged to MidPoint delay is consistent with the protection provisions of 5 U.S.C. 552, will be Match executions. The text of the of investors and the public interest, available for inspection and copying in proposed rule change is available at because the proposal would allow the the Commission’s Public Reference http://www.iseoptions.com/legal/ pilots to continue without interruption Room, 100 F Street, NE., Washington, proposed_rule_changes.asp and the until July 18, 2008.14 For this reason, DC 20549, on official business days Commission’s Public Reference Room. the Commission designates the proposal between the hours of 10 a.m. and 3 p.m. to be operative upon filing with the Copies of such filing also will be II. Self-Regulatory Organization’s Commission. available for inspection and copying at Statement of the Purpose of, and At any time within 60 days of the the principal office of the Exchange. All Statutory Basis for, the Proposed Rule filing of the proposed rule change, the comments received will be posted Change Commission may summarily abrogate without change; the Commission does In its filing with the Commission, the such proposed rule change if it appears not edit personal identifying Exchange included statements to the Commission that such action is information from submissions. You concerning the purpose of, and basis for, necessary or appropriate in the public should submit only information that the proposed rule change and discussed interest, for the protection of investors, you wish to make available publicly. All any comments it received on the or otherwise in furtherance of the submissions should refer to File proposed rule change. The text of these purposes of the Act.15 Number SR–CBOE–2007–80 and should statements may be examined at the IV. Solicitation of Comments be submitted on or before August 15, places specified in Item IV below. The 2007. Interested persons are invited to Exchange has prepared summaries, set submit written data, views, and For the Commission, by the Division of forth in Sections A, B, and C below, of arguments concerning the foregoing, Market Regulation, pursuant to delegated the most significant aspects of such authority.16 including whether the proposed rule statements. Florence E. Harmon, change is consistent with the Act. A. Self-Regulatory Organization’s Deputy Secretary. Comments may be submitted by any of Statement of the Purpose of, and the following methods: [FR Doc. E7–14311 Filed 7–24–07; 8:45 am] Statutory Basis for, the Proposed Rule BILLING CODE 8010–01–P Electronic Comments Change • Use the Commission’s Internet 1. Purpose comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE The purpose of this proposed rule rules/sro.shtml); or COMMISSION • Send an e-mail to rule- change is to add a clarifying sentence to [email protected]. Please include File [Release No. 34–56091; File No. SR–ISE– the Schedule of Fees to resolve an 2007–57] Number SR–CBOE–2007–80 on the ambiguity with respect to fees charged subject line. to MidPoint Match executions. The Self-Regulatory Organizations; Exchange currently waives fees in the Paper Comments International Securities Exchange, circumstances where the same Member LLC; Notice of Filing and Immediate • Send paper comments in triplicate enters MidPoint Match orders that Effectiveness of Proposed Rule to Nancy M. Morris, Secretary, execute against each other in the Change Relating to Clarifying the Fee Securities and Exchange Commission, MidPoint Match System. Additionally, Schedule 100 F Street, NE., Washington, DC the Exchange offers discounted fees 20549–1090. July 18, 2007. based on a Member’s average daily All submissions should refer to File Pursuant to Section 19(b)(1) of the volume (‘‘ADV’’) via a tiered schedule Number SR–CBOE–2007–80. This file Securities Exchange Act of 1934 that provides increased discounts as a number should be included on the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Member’s ADV increases. The Exchange subject line if e-mail is used. To help the notice is hereby given that on July 2, proposes to add a sentence clarifying Commission process and review your 2007, the International Securities that transactions for which fees are comments more efficiently, please use Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) waived do not count towards the ADV only one method. The Commission will filed with the Securities and Exchange discounts and do not accrue market data post all comments on the Commission’s Commission (‘‘Commission’’) the revenue. Internet Web site (http://www.sec.gov/ proposed rule change as described in 2. Statutory Basis rules/sro.shtml). Copies of the Items I, II and III below, which Items have been substantially prepared by the The basis under the Act for this 13 17 CFR 240.19b–4(f)(6)(iii). Exchange. The Commission is proposed rule change is the requirement 14 For purposes only of waiving the operative publishing this notice to solicit under section 6(b)(4) 3 that the Exchange delay for this proposal, the Commission has provide for the equitable allocation of considered the proposed rule’s impact on efficiency, competition, and capital formation. See 16 17 CFR 200.30–3(a)(12). reasonable dues, fees, and other charges 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). 15 15 U.S.C. 78s(b)(3)(C). 2 17 CFR 240.19b–4. 3 15 U.S.C. 78f(b)(4).

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among its members and issuers and All submissions should refer to File filed with the Securities and Exchange other persons using its facilities. Number SR–ISE–2007–57. This file Commission (‘‘Commission’’) the number should be included on the proposed rule change as described in B. Self-Regulatory Organization’s subject line if e-mail is used. To help the Items I, II, and III below, which Items Statement on Burden on Competition Commission process and review your have been substantially prepared by the The Exchange believes that the comments more efficiently, please use Exchange. The Commission is proposed rule change does not impose only one method. The Commission will publishing this notice to solicit any burden on competition that is not post all comments on the Commission’s comments on the proposed rule change necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ from interested persons. of the purposes of the Act. rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s submission, all subsequent amendments, all written statements Statement of the Terms of Substance of Statement on Comments on the the Proposed Rule Change Proposed Rule Change Received From with respect to the proposed rule Members, Participants, or Others change that are filed with the ISE proposes to amend its Schedule of Commission, and all written Fees to adopt a subscription fee for an The Exchange has not solicited, and communications relating to the enhanced sentiment market data does not intend to solicit, comments on proposed rule change between the offering. The text of the proposed rule this proposed rule change. The Commission and any person, other than change is available at the Commission’s Exchange has not received any those that may be withheld from the Public Reference Room, at the unsolicited written comments from public in accordance with the Exchange, and at http://www.ise.com. members or other interested parties. provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s available for inspection and copying in III. Date of Effectiveness of the Statement of the Purpose of, and the Commission’s Public Reference Proposed Rule Change and Timing for Statutory Basis for, the Proposed Rule Commission Action Room, 100 F Street, NE., Washington, DC 20549, on official business days Change The foregoing proposed rule change between the hours of 10 a.m. and 3 p.m. In its filing with the Commission, the has become effective pursuant to section Copies of such filing also will be Exchange included statements 19(b)(3)(A)(ii) of the Act 4 and Rule 19b– available for inspection and copying at concerning the purpose of and basis for 4(f)(2) thereunder,5 because it the principal office of the ISE. All the proposed rule change, and discussed establishes or changes a due, fee, or comments received will be posted any comments it received on the other charge imposed by the Exchange. without change; the Commission does proposed rule change. The text of these Accordingly, the proposal will take not edit personal identifying statements may be examined at the effect upon filing with the Commission. places specified in Item IV below. The At any time within 60 days of the information from submissions. You Exchange has prepared summaries, set filing of such proposed rule change, the should submit only information that Commission may summarily abrogate you wish to make available publicly. All forth in Sections A, B, and C below, of such rule change if it appears to the submissions should refer to File the most significant aspects of such Commission that such action is Number SR–ISE–2007–57 and should be statements. submitted on or before August 15, 2007. necessary or appropriate in the public A. Self-Regulatory Organization’s interest, for the protection of investors, For the Commission, by the Division of Statement of the Purpose of, and or otherwise in furtherance of the Market Regulation, pursuant to delegated 6 Statutory Basis for, the Proposed Rule purposes of the Act. authority. Change Florence E. Harmon, IV. Solicitation of Comments Deputy Secretary. 1. Purpose Interested persons are invited to [FR Doc. E7–14313 Filed 7–24–07; 8:45 am] Pursuant to a filing previously submit written data, views and BILLING CODE 8010–01–P approved by the Commission, the arguments concerning the foregoing, Exchange currently sells on a including whether the proposed rule subscription basis, to both members and change is consistent with the Act. SECURITIES AND EXCHANGE non-members, ISEE SelectTM (‘‘ISEE Comments may be submitted by any of COMMISSION Select’’), an enhanced sentiment market 3 the following methods: [Release No. 34–56093; File No. SR–ISE– data offering. Earlier this year, the Electronic Comments 2007–58] Exchange also adopted a multi-product discount for the ISEE Select offering.4 • Use the Commission’s Internet Self-Regulatory Organizations; ISEE Select is based on the ISE comment form (http://www.sec.gov/ International Securities Exchange, Sentiment Index, or ISEE, a rules/sro.shtml); or LLC; Notice of Filing of a Proposed • calculation that represents an overall Send an e-mail to rule- Rule Change Relating to ISEE Select [email protected]. Please include File Market Data Fees 3 See Securities Exchange Act Release Nos. 53532 Number SR–ISE–2007–57 on the subject (March 21, 2006), 71 FR 15501 (March 28, 2006) line. July 18, 2007. (SR–ISE–2005–56) (Notice of Filing of Proposed Pursuant to Section 19(b)(1) of the Rule Change to Establish Fees for Enhanced Paper Comments Securities Exchange Act of 1934 Sentiment Market Data) and 53756 (May 3, 2006), 71 FR 27526 (May 11, 2006) (SR–ISE–2005–56) • 1 2 Send paper comments in triplicate (‘‘Act’’) and Rule 19b–4 thereunder, (Order Approving Proposed Rule Change to to Nancy M. Morris, Secretary, notice is hereby given that on July 6, Establish Fees for Enhanced Sentiment Market Securities and Exchange Commission, 2007, the International Securities Data) (‘‘Initial Filing’’). Station Place, 100 F Street, NE., Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) 4 See Securities Exchange Act Release No. 55288 Washington, DC 20549–1090. (February 13, 2007), 72 FR 8219 (February 23, 2007) (SR–ISE–2007–09) (Notice of Filing and Immediate 6 17 CFR 200.30–3(a)(12). Effectiveness of Proposed Rule Change To Establish 4 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). Fee Discounts for Enhanced Sentiment Market Data 5 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4. Offering) (‘‘Subsequent Filing’’).

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view of market sentiment. The ISEE rates for these subscribers are as follows: end users, in increments of 5,000 end provides an intra-day picture of how (i) 100 user-defined queries for $9.95 users; and $0.0825 per end user, per investors view stock prices by assessing per month; (ii) 200 user-defined queries month, for redistribution to 200,000 or customers’ option trading activity. for $11.95 per month; (iii) unlimited more end users, in minimum Unlike the traditional put/call ratio user-defined queries for $15.95 per increments of 5,000 end users. An which makes no distinction between month; and (iv) unlimited pre-defined example of the monthly subscription fee customer, market maker or firm queries for $9.95 per month. for a subscriber with 100,000 end users transactions, the ISEE measures only Pursuant to the Subsequent Filing, the is as follows: opening long customer transactions on Exchange also offers to both member  ISE. ISE updates the current ISEE and non-member subscribers the Number of users Monthly fee Monthly value hourly during market hours and following multi-product discounted per per user sub-total posts it for free on its Web site.5 subscription fees: $24.95 per month for increment Pursuant to the Initial Filing, ISEE customers who subscribe directly 10,000 ...... $.10 $1,000 Select allows subscribers to identify through ISE to both the unlimited pre- 10,001–74,999 .... .10 6,500 bullish and bearish investor sentiment defined query and either 200 user- 75,000–100,000 .. .084 2,100 for nearly any issue traded on the defined queries or unlimited user- Exchange using the same formula that is defined queries; or $19.95 per month for Monthly Total ...... 9,600 used for the ISEE calculation. Where the customers of the Marketing Alliance Average Fee per ISEE is a single value for the overall program partners that subscribe to both User ...... 096 market sentiment, ISEE Select provides the unlimited pre-defined query and specific information to allow an end either 200 user-defined queries or 2. Statutory Basis user to retrieve a sentiment value for an unlimited user-defined queries. The The basis under the Act for this individual symbol via a user-defined Exchange notes that the multi-product proposed rule change is the requirement query tool. In addition to the user- discounts noted above are a reduction of under Section 6(b)(4) of the Act,7 that an defined query tool, ISE also offers a pre- the actual subscription fees for the exchange have an equitable allocation of defined scanning tool that combs the products to which they apply. If not for reasonable dues, fees, and other charges market for sentiment levels that meet the multi-product discount, for on-line among its members and other persons pre-defined parameters. ISEE Select subscribers, these fees would be (i) using its facilities. In particular, the provides sentiment values for particular $26.90 per month for subscribers to both proposed rule filing will provide unlimited pre-defined queries and 200 indices, industry sectors or individual members and non-members with the user-defined queries, or (ii) $31.90 per stocks and is calculated three times per ability to subscribe to a data feed of month for subscribers to both unlimited hour versus only one time per hour for ISEE Select values at a flat rate  pre-defined queries and unlimited user- the ISEE . subscription basis for redistribution to defined queries. For customers of the ISEE Select is currently available to their customers. on-line investors on a subscription basis Marketing Alliance program partners, if as follows: (i) 100 user-defined queries not for the multi-product discount, B. Self-Regulatory Organization’s for $11.95 per month; (ii) 200 user- these fees would be (i) $21.90 per month Statement on Burden on Competition for subscribers to both unlimited pre- defined queries for $14.95 per month; This proposed rule change does not defined queries and 200 user-defined (iii) unlimited user-defined queries for impose any burden on competition that $19.95 per month; and (iv) unlimited queries, or (ii) $25.90 per month for subscribers to both unlimited pre- is not necessary or appropriate in pre-defined queries for $11.95 per furtherance of the purposes of the Act. month. ISEE Select is also offered by defined queries and unlimited user- third-parties that participate in the defined queries. C. Self-Regulatory Organization’s Exchange’s Marketing Alliance The Exchange now proposes to offer Statement on Comments on the program.6 Customers of participating to both member and non-member Proposed Rule Change Received from third-parties are able to take advantage subscribers a data feed that will provide Members, Participants, or Others a bulk delivery of ISEE Select values. of a discounted price for the same four The Exchange has not solicited, and subscription levels. The discounted The existing ISEE Select browser application allows a subscriber to access does not intend to solicit, comments on this proposed rule change. The 5 ISEE Select values for up to five http://www.iseoptions.com/marketplace/ Exchange has not received any statistics/sentiment_index.asp. securities simultaneously. The current 6 When the Commission published the Initial proposal, on the other hand, will allow unsolicited written comments from Filing, the Marketing Alliance program was known subscribers to access numerous ISEE members or other interested parties. as the ISE Broker Marketing Alliance, and Select values simultaneously. The participation in it was limited to broker-dealers. III. Date of Effectiveness of the Following the launch of the ISEE Select market data actual potential number of ISEE Select Proposed Rule Change and Timing for offering, and in response to the interest the values accessible by this proposed data Commission Action Exchange received from many non-broker-dealers feed offering can range from one to more wishing to participate in the Marketing Alliance than 1,700. Within 35 days of the date of program, the Exchange subsequently expanded the publication of this notice in the Federal program by eliminating its limitation to only The ISEE Select data feed will have a broker-dealers. See Securities Exchange Act Release flat rate subscription fee based on a Register or within such longer period (i) Nos. 54508 (September 26, 2006) 71 FR 58459 fixed number of end users that each As the Commission may designate up to (October 3, 2006) (SR–ISE–2006–44) (Notice of subscriber allows to view the data, as 90 days of such date if it finds such Filing of Proposed Rule Change To Expand the longer period to be appropriate and Broker Marketing Alliance To Include Non-Broker- follows: $0.10 per end user, per month, Dealers with Regard to Enhanced Sentiment Market for a minimum of 10,000 end users; publishes its reasons for so finding or Data Offering) and 54704 (November 3, 2006), 71 FR $0.10 for each additional end user, per (ii) as to which the self-regulatory 65859 (November 9, 2006) (SR–ISE–2006–44) month, up to 74,999 end users, in organization consents, the Commission (Order Approving Proposed Rule Change To will: Expand the Broker Marketing Alliance To Include increments of 5,000 end users; $0.084 Non-Broker-Dealers with Regard To Enhanced per end user, per month, for Sentiment Market Data Offering). redistribution from 75,000 to 199,999 7 15 U.S.C. 78f(b)(4).

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A. By order approve such proposed For the Commission, by the Division of II. Self-Regulatory Organization’s rule change, or Market Regulation, pursuant to delegated Statement of the Purpose of, and B. Institute proceedings to determine authority.8 Statutory Basis for, the Proposed Rule whether the proposed rule change Florence E. Harmon, Change should be disapproved. Deputy Secretary. In its filing with the Commission, the IV. Solicitation of Comments [FR Doc. E7–14314 Filed 7–24–07; 8:45 am] ISE included statements concerning the BILLING CODE 8010–01–P purpose of, and basis for, the proposed Interested persons are invited to rule change and discussed any submit written data, views, and comments it received on the proposed arguments concerning the foregoing, SECURITIES AND EXCHANGE rule change. The text of these statements including whether the proposed rule COMMISSION may be examined at the places specified change is consistent with the Act. in Item IV below. The ISE has prepared Comments may be submitted by any of summaries, set forth in Sections A, B, [Release No. 34–56106; File No. SR–ISE– the following methods: and C below, of the most significant 2007–62] Electronic Comments aspects of such statements. • Use the Commission’s Internet Self-Regulatory Organizations; A. Self-Regulatory Organization’s comment form (http://www.sec.gov/ International Securities Exchange, Statement of the Purpose of, and rules/sro.shtml); or LLC; Notice of Filing and Immediate Statutory Basis for, the Proposed Rule • Send an e-mail to rule- Effectiveness of Proposed Rule Change Change Relating to a One-Week [email protected]. Please include File 1. Purpose Number SR–ISE–2007–58 on the subject Extension for the Price Improvement Mechanism Pilot Program The Exchange currently has two pilot line. programs related to its PIM.5 The Paper Comments July 19, 2007. current pilot period provided in paragraphs .03 and .05 of the • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the Supplementary Material to Rule 723 is to Nancy M. Morris, Secretary, Securities Exchange Act of 1934 (the 6 1 2 set to expire on July 18, 2007. Securities and Exchange Commission, ‘‘Act’’), and Rule 19b–4 thereunder, Paragraph .03 provides that there is no 100 F Street, NE., Washington, DC notice is hereby given that on July 18, minimum size requirement for orders to 20549–1090. 2007, the International Securities be eligible for the Price Improvement All submissions should refer to File Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) Mechanism. Paragraph .05 concerns the Number SR–ISE–2007–58. This file filed with the Securities and Exchange termination of the exposure period by number should be included on the Commission (‘‘Commission’’) the unrelated orders. In accordance with the subject line if e-mail is used. To help the proposed rule change as described in Approval Order, the Exchange recently Commission process and review your Items I and II below, which Items have submitted certain data in support of comments more efficiently, please use been substantially prepared by the ISE. extending the current pilot programs. only one method. The Commission will The ISE has designated the proposed The purpose of this filing is to extend post all comments on the Commission’s rule change as a ‘‘non-controversial’’ the pilot programs in their present form Internet Web site (http://www.sec.gov/ rule change pursuant to Section until July 25, 2007, while the rules/sro.shtml). Copies of the 19(b)(3)(A) of the Act 3 and Rule 19b– Commission reviews the data and submission, all subsequent 4(f)(6) thereunder,4 which renders the considers to extend the pilot programs amendments, all written statements proposed rule change effective upon for an additional one-year period. with respect to the proposed rule change that are filed with the filing with the Commission. The 2. Statutory Basis Commission, and all written Commission is publishing this notice to The Exchange believes that the communications relating to the solicit comments on the proposed rule proposed rule change is consistent with proposed rule change between the change from interested persons. Section 6(b) of the Act,7 in general, and Commission and any person, other than I. Self-Regulatory Organization’s furthers the objectives of Section 6(b)(5) 8 those that may be withheld from the Statement of the Terms of Substance of of the Act, in particular, in that the public in accordance with the the Proposed Rule Change proposed rule change is designed to provisions of 5 U.S.C. 552, will be promote just and equitable principles of available for inspection and copying in The Exchange is proposing to extend trade, remove impediments to and the Commission’s Public Reference two pilot programs related to its Price perfect the mechanisms of a free and Room, 100 F Street, NE., Washington, Improvement Mechanism (‘‘PIM’’) open market and a national market DC 20549, on official business days contained in paragraphs .03 and .05 of system and, in general, to protect between the hours of 10 a.m. and 3 p.m. the Supplemental Material to Rule 723. investors and the public interest. Since Copies of such filing also will be The text of the proposed rule change is the PIM has only been operating for a available for inspection and copying at available on ISE’s Web site at http:// relatively short period of time, the Exchange believes it is appropriate to the principal office of the Exchange. All www.ise.com, at ISE’s principal office, comments received will be posted and at the Commission’s Public without change; the Commission does 5 See Securities Exchange Act Release Nos. 50819 Reference Room. (December 8, 2004), 69 FR 75093 (December 15, not edit personal identifying 2004) (Approving the PIM Pilot (the ‘‘Approval information from submissions. You Order’’)) and 52027 (July 13, 2005), 70 FR 41804 should submit only information that 8 17 CFR 200.30–3(a)(12). (July 20, 2005) (extending the PIM pilot until July 18, 2006). you wish to make available publicly. All 1 15 U.S.C. 78s(b)(1). 6 See Securities Exchange Act Release No. 54151 submissions should refer to File 2 17 CFR 240.19b–4. (July 14, 2006), 71 FR 41490 (July 21, 2006). Number SR–ISE–2007–58 and should be 3 15 U.S.C. 78s(b)(3)(A). 7 15 U.S.C. 78f(b). submitted on or before August 15, 2007. 4 17 CFR 240.19b–4(f)(6). 8 15 U.S.C. 78f(b)(5).

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extend the pilot periods to provide the interest because such waiver would Room, 100 F Street, NE., Washington, Exchange and Commission more data allow the pilot periods to continue DC 20549, on official business days upon which to evaluate the rules. without interruption until July 25, between the hours of 10 a.m. and 3 p.m. 2007.15 Accordingly, the Commission Copies of such filing also will be B. Self-Regulatory Organization’s designates the proposed rule change available for inspection and copying at Statement on Burden on Competition operative upon filing with the the principal office of the ISE. All The proposed rule change does not Commission. comments received will be posted impose any burden on competition that At any time within 60 days of the without change; the Commission does is not necessary or appropriate in filing of such proposed rule change, the not edit personal identifying furtherance of the purposes of the Act. Commission may summarily abrogate information from submissions. You C. Self-Regulatory Organization’s such rule change if it appears to the should submit only information that Statement on Comments on the Commission that such action is you wish to make available publicly. All Proposed Rule Change Received From necessary or appropriate in the public submissions should refer to File Members, Participants or Others interest, for the protection of investors, Number SR–ISE–2007–62 and should be or otherwise in furtherance of the submitted on orbefore August 15, 2007. The Exchange has not solicited, and purposes of the Act. does not intend to solicit, comments on For the Commission, by the Division of IV. Solicitation of Comments Market Regulation, pursuant to delegated this proposed rule change. The authority.16 Exchange has not received any written Interested persons are invited to Florence E. Harmon, comments from members or other submit written data, views, and Deputy Secretary. interested parties. arguments concerning the foregoing, including whether the proposed rule [FR Doc. E7–14355 Filed 7–24–07; 8:45 am] III. Date of Effectiveness of the BILLING CODE 8010–01–P Proposed Rule Change and Timing for change is consistent with the Act. Commission Action Comments may be submitted by any of the following methods: Because the foregoing proposed rule SECURITIES AND EXCHANGE change: (1) Does not significantly affect Electronic Comments COMMISSION the protection of investors or the public • Use the Commission’s Internet [Release No. 34–56092; File No. SR– interest; (2) does not impose any comment form (http://www.sec.gov/ NASDAQ–2007–042] significant burden on competition; and rules/sro.shtml); or (3) by its terms does not become • Send an e-mail to rule- Self-Regulatory Organizations; The operative for 30 days after the date of [email protected]. Please include File NASDAQ Stock Market LLC; Notice of this filing, or such shorter time as the Number SR–ISE–2007–62 on the subject Filing of Proposed Rule Change and Commission may designate if consistent line. Amendment No. 1 Thereto To Modify with the protection of investors and the the Entry and Annual Fees Paid by a Paper Comments public interest, the proposed rule Company That Lists on Nasdaq Upon change has become effective pursuant to • Send paper comments in triplicate Emerging from Bankruptcy Section 19(b)(3)(A) 9 of the Act and Rule to Nancy M. Morris, Secretary, 19b–4(f)(6) thereunder.10 As required Securities and Exchange Commission, July 18, 2007. under Rule 19b–4(f)(6)(iii),11 the 100 F Street, NE., Washington, DC Pursuant to Section 19(b)(1) of the 20549–1090. Securities Exchange Act of 1934 Exchange provided the Commission 1 2 with written notice of its intent to file All submissions should refer to File (‘‘Act’’) and Rule 19b–4 thereunder, the proposed rule change, along with a Number SR–ISE–2007–62. This file notice is hereby given that on April 13, brief description and text of the number should be included on the 2007, The NASDAQ Stock Market LLC proposed rule change, at least five subject line if e-mail is used. To help the (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the business days prior to the date of the Commission process and review your Securities and Exchange Commission filing of the proposed rule change. comments more efficiently, please use (‘‘Commission’’) the proposed rule A proposed rule change filed under only one method. The Commission will change as described in Items I, II, and Rule 19b–4(f)(6) 12 normally may not post all comments on the Commission’s III below, which Items have been become operative prior to 30 days after Internet Web site (http://www.sec.gov/ substantially prepared by the Exchange. the date of filing. However, Rule 19b– rules/sro.shtml). Copies of the The Exchange filed Amendment No. 1 4(f)(6)(iii) 13 permits the Commission to submission, all subsequent to the proposed rule change on June 28, designate a shorter time if such action amendments, all written statements 2007. The Commission is publishing is consistent with the protection of with respect to the proposed rule this notice to solicit comment on the investors and the public interest. The change that are filed with the proposed rule change, as amended, from ISE requests that the Commission waive Commission, and all written interested persons. the 30-day operative delay, as specified communications relating to the I. Self-Regulatory Organization’s in Rule 19b–4(f)(6)(iii),14 which would proposed rule change between the Statement of the Terms of Substance of make the rule change effective and Commission and any person, other than the Proposed Rule Change operative upon filing. The Commission those that may be withheld from the believes that waiving the 30-day Nasdaq proposes to modify the entry public in accordance with the and annual fees paid by a company that operative delay is consistent with the provisions of 5 U.S.C. 552, will be protection of investors and the public lists on Nasdaq upon emerging from available for inspection and copying in bankruptcy. Nasdaq will implement the the Commission’s Public Reference 9 15 U.S.C. 78s(b)(3)(A). proposed rule as of the date it filed this 10 17 CFR 240.19b–4(f)(6). proposed change. 15 For purposes only of waiving the operative 11 17 CFR 240.19b–4(f)(6)(iii). delay for this proposal, the Commission has 12 17 CFR 240.19b–4(f)(6). considered the proposed rule’s impact on 16 17 CFR 200.30–3(a)(12). 13 17 CFR 240.19b–4(f)(6)(iii). efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). 14 Id. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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The text of the proposed rule change listed 3 and for each of the subsequent B. Self-Regulatory Organization’s is set forth below. Proposed new two full calendar years.4 Finally, Statement on Burden on Competition language is in italics. Nasdaq proposes that a company that Nasdaq does not believe that the * * * * * emerges from bankruptcy and relists proposed rule change will result in any during the same year that it has IM–4500–6. Waiver of Fees for burden on competition that is not previously paid an annual fee will not Companies Emerging from Bankruptcy necessary or appropriate in furtherance be required to pay a second annual fee of the purposes of the Act. (a) Entry Fees. Any company that lists for that year. on Nasdaq upon emerging from Nasdaq believes that the proposed C. Self-Regulatory Organization’s bankruptcy is not required to pay the fees are justified by the unique Statement on Comments on the entry fee (including the application fee) circumstances faced by companies Proposed Rule Change Received From set forth in Rules 4510(a) and 4520(a). emerging from bankruptcy. These Members, Participants or Others (b) Annual Fees. companies typically are not raising any Written comments on the proposed (1) The annual fee for any company new capital at the time of listing, so the rule change were neither solicited nor that lists on the Nasdaq Global Market payment of initial listing fees is more received. (including the Nasdaq Global Select burdensome than for companies that are III. Date of Effectiveness of the Market) upon emerging from bankruptcy listing upon an initial public offering. Proposed Rule Change and Timing For will be the minimum annual listing fee Also, because of the desire in Commission Action bankruptcy proceedings to ensure that specified in Rule 4510(c)(1) for the first Within 35 days of the date of (pro rated) year that such a company is creditors are paid as much as possible, these companies are much more publication of this notice in the Federal listed and for each of the subsequent Register or within such longer period (i) two full years. sensitive to both the initial and continued costs associated with listing. As the Commission may designate up to (2) Any company listing on Nasdaq As such, Nasdaq believes the proposed 90 days of such date if it finds such upon emerging from bankruptcy that fees are reasonable and equitably longer period to be appropriate and relists during the same year that it had allocated. publishes its reasons for so finding, or previously paid an annual fee will not (ii) as to which the Exchange consents, The proposed rule change will not be subject to a second annual fee in that the Commission will: year. affect Nasdaq’s commitment of (A) By order approve the proposed resources to its regulatory oversight of * * * * * rule change, or the listing process or its other regulatory (B) Institute proceedings to determine II. Self-Regulatory Organization’s programs. Specifically, Nasdaq whether the proposed rule change Statement of the Purpose of, and historically has not listed a large should be disapproved. Statutory Basis for, the Proposed Rule number of companies emerging from Change bankruptcy in any given year.5 Further, IV. Solicitation of Comments Nasdaq will still conduct a complete Interested persons are invited to In its filing with the Commission, review of these companies for submit written data, views, and Nasdaq included statements concerning compliance with Nasdaq listing arguments concerning the foregoing, the purpose of and basis for the standards in the same manner as any including whether the proposed rule proposed rule change and discussed any other company applying for listing on change is consistent with the Act. comments it received on the proposed Nasdaq. The company must successfully Comments may be submitted by any of rule change. The text of these statements complete that review process and the following methods: may be examined at the places specified demonstrate compliance with the initial in Item IV below. The Exchange has listing requirements prior to being Electronic Comments prepared summaries, set forth in approved for listing. • Use the Commission’s Internet Sections A, B, and C below, of the most comment form (http://www.sec.gov/ 2. Statutory Basis significant aspects of such statements. rules/sro.shtml); or • Send an e-mail to rule- A. Self-Regulatory Organization’s Nasdaq believes that the proposed [email protected]. Please include File Statement of the Purpose of, and rule change is consistent with the 6 Number SR–Nasdaq–2007–042 on the Statutory Basis for, the Proposed Rule provisions of Section 6 of the Act in subject line. Change general, and with Section 6(b)(4) of the Act 7 in particular, which requires that Paper Comments 1. Purpose Nasdaq’s rules provide for the equitable • allocation of reasonable dues, fees, and Send paper comments in triplicate Nasdaq proposes to modify the fees other charges among its issuers. Nasdaq to Nancy M. Morris, Secretary, charged to companies that list upon believes that the proposed waivers are Securities and Exchange Commission, emerging from bankruptcy. Specifically, equitable and reasonable in light of the 100 F Street, NE., Washington, DC Nasdaq proposes to waive the entry fee unique circumstances faced by 20549–1090. (which includes a $5,000 non- companies emerging from bankruptcy. All submissions should refer to File refundable application fee) that such Number SR–Nasdaq–2007–042. This file companies would otherwise be required 3 Nasdaq prorates the annual fee for the year a number should be included on the to pay. In addition, for companies company lists, based on the month in which the subject line if e-mail is used. To help the listing on the NASDAQ Global Market company lists. Commission process and review your (including the NASDAQ Global Select 4 All domestic companies on the NASDAQ comments more efficiently, please use Market), Nasdaq proposes to charge the Capital Market pay the same annual fee. only one method. The Commission will company the minimum annual listing 5 Nasdaq listed four companies upon their emergence from bankruptcy from January 1, 2006, post all comments on the Commission’s fee applicable to companies on that through March 31, 2007. Internet Web site (http://www.sec.gov/ market (currently $30,000) for the first 6 15 U.S.C. 78f. rules/sro.shtml). Copies of the (prorated) year that such a company is 7 15 U.S.C. 78f(b)(4). submission, all subsequent

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amendments, all written statements proprietary orders. On June 4, 2007, may be submitted by any of the with respect to the proposed rule Nasdaq filed Amendment No. 1. The following methods: change that are filed with the proposed rule change, as amended, was Electronic Comments Commission, and all written published for comment in the Federal communications relating to the Register on June 6, 2007.3 The • Use the Commission’s Internet proposed rule change between the Commission received one comment comment form (http://www.sec.gov/ Commission and any person, other than letter expressing support for the rules/sro.shtml); or those that may be withheld from the proposal.4 On July 17, 2007, Nasdaq • Send an e-mail to rule- public in accordance with the filed Amendment No. 2. This notice and [email protected]. Please include File provisions of 5 U.S.C. 552, will be order notices Amendment No. 2; solicits Number SR–NASDAQ–2007–037 on the available for inspection and copying in comments from interested persons on subject line. the Commission’s Public Reference Amendment No. 2; and approves the Paper Comments Room, 100 F Street, NE., Washington, proposed rule change, as amended, on • DC 20549, on official business days an accelerated basis. Send paper comments in triplicate between the hours of 10 a.m. and 3 p.m. to Nancy M. Morris, Secretary, Copies of the filing also will be available II. Description of Proposal Securities and Exchange Commission, for inspection and copying at the Nasdaq proposes to modify its OATS 100 F Street, NE., Washington, DC principal office of the Exchange. All rules to adopt a limited exemption from 20549–1090. comments received will be posted OATS 5 order data transmission All submissions should refer to File without change; the Commission does requirements for proprietary trading Number SR–NASDAQ–2007–037. This not edit personal identifying firms. Nasdaq proposes to define a file number should be included on the information from submissions. You ‘‘Proprietary Trading Firm’’ as a Nasdaq subject line if e-mail is used. To help the should submit only information that member that trades its own capital, with Commission process and review your you wish to make available publicly. All all the trading being done in the firm’s comments more efficiently, please use submissions should refer to File accounts by traders that are owners of, only one method. The Commission will Number SR–Nasdaq–2007–042 and employees of, or contractors to the firm. post all comments on the Commission’s should be submitted on or before A Proprietary Trading Firm would not Internet Web site (http://www.sec.gov/ August 15, 2007. have ‘‘customers,’’ as that term is rules/sro.shtml). Copies of the For the Commission, by the Division of defined in Nasdaq Rule 0120(g) and submission, all subsequent Market Regulation, pursuant to delegated would not be a member of the NASD. amendments, all written statements authority.8 Nasdaq proposes to amend Nasdaq with respect to the proposed rule Florence E. Harmon, Rule 6955 regarding transmission of change that are filed with the Deputy Secretary. OATS data to provide that a Proprietary Commission, and all written [FR Doc. E7–14315 Filed 7–24–07; 8:45 am] Trading Firm would be required to communications relating to the BILLING CODE 8010–01–P transmit OATS order data information proposed rule change between the to Nasdaq Regulation only upon Commission and any person, other than request.6 Although a Proprietary those that may be withheld from the SECURITIES AND EXCHANGE Trading Firm would not be required to public in accordance with the COMMISSION transmit the order data information to provisions of 5 U.S.C. 552, will be Nasdaq Regulation unless requested, it available for inspection and copying in [Release No. 34–56096; File No. SR– the Commission’s Public Reference NASDAQ–2007–037] still would be responsible for maintaining and retaining the Room, 100 F Street, NE., Washington, Self-Regulatory Organizations; The information in a format that could be DC 20549, on official business days NASDAQ Stock Market LLC; Notice of easily integrated into the NASD’s OATS between the hours of 10 a.m. and 3 p.m. Filing of Amendment No. 2 and Order system in the event Nasdaq Regulation Copies of such filing also will be Granting Accelerated Approval of makes a request for such information. available for inspection and copying at Proposed Rule Change, as Modified by the principal office of Nasdaq. All III. Solicitation of Comments Amendment Nos. 1 and 2, To Modify comments received will be posted Order Audit Trail System Rules To Interested persons are invited to without change; the Commission does Provide an Exemption From submit written data, views, and not edit personal identifying Transmission Requirements for arguments concerning Amendment No. information from submissions. You Proprietary Orders 2, including whether Amendment No. 2 should submit only information that is consistent with the Act. Comments you wish to make available publicly. All July 18, 2007. submissions should refer to File I. Introduction 3 See Securities Exchange Act Release No. 55870, Number SR–NASDAQ–2007–037 and 72 FR 32692 (June 13, 2007). should be submitted on or before On April 3, 2007, The NASDAQ Stock 4 See letter from Stephen Schuler, Managing August 15, 2007. Market LLC (‘‘Nasdaq’’) filed with the Member, Global Electronic Trading Company, LLC Securities and Exchange Commission to Nancy M. Morris, Secretary, Commission, dated IV. Discussion (‘‘Commission’’), pursuant to Section July 3, 2007. After careful review, the Commission 19(b)(1) of the Securities Exchange Act 5 OATS is an integrated audit trail of order, quote, and trade information for Nasdaq securities used to finds that the proposed rule change, as 1 of 1934 (‘‘Act’’), and Rule 19b–4 recreate events in the life cycle of orders and more amended, is consistent with the thereunder,2 a proposed rule change to completely monitor the trading practices of member requirements of the Act and the rules provide an exemption from OATS firms. and regulations thereunder applicable to 6 transmission requirements for certain Rule 0130 provides that the term Nasdaq 7 Regulation should be understood as also referring a national securities exchange, and, in to NASD staff, NASD Regulation staff, and NASD 8 17 CFR 200.30–3(a)(12). departments acting on behalf of Nasdaq pursuant to 7 The Commission has considered the amended 1 15 U.S.C. 78s(b)(1). a regulatory services agreement between Nasdaq proposed rule change’s impact on efficiency, 2 17 CFR 240.19b–4. and the NASD. competition and capital formation. 15 U.S.C. 78c(f).

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particular, the requirements of Section 6 Amendment No. 2, Nasdaq clarified that upon filing with the Commission. The of the Act.8 Specifically, the the proposed exception from the daily Commission is publishing this notice to Commission finds that the proposal is OATS transmissions requirements for solicit comments on the proposed rule consistent with Section 6(b)(5) of the Proprietary Trading Firms would not change from interested persons. Act 9 in that the proposal is designed to extend to persons associated with I. Self-Regulatory Organization’s prevent fraudulent and manipulative Proprietary Trading Firms. The Statement of the Terms of Substance of acts and practices, to promote just and Commission believes that this is a the Proposed Rule Change equitable principles of trade, to foster clarifying change to the scope of the cooperation and coordination with proposed rule change and raises no NASD is proposing to delay persons engaged in regulating, clearing, significant regulatory issues. The implementation of certain NASD rule settling, processing information with Commission therefore finds good cause changes approved in SR–NASD–2005– respect to, and facilitating transactions exists to accelerate approval of the 146 until November 26, 2007.5 There are in securities, to remove impediments to proposed change, as modified by no new changes to the text of NASD and perfect the mechanism of a free and Amendment Nos. 1 and 2, pursuant to rules. The text of the proposed rule open market and a national market Section 19(b)(2) of the Act. change is available at NASD, http://www.nasd.com, and the system, and, in general, to protect VI. Conclusion investors and the public interest. Commission’s Public Reference Room. It is therefore ordered, pursuant to OATS was designed to provide an Section 19(b)(2) of the Act,12 that the II. Self-Regulatory Organization’s accurate, time-sequenced record of proposed rule change (SR–NASDAQ– Statement of the Purpose of, and orders and transactions, beginning with 2007–037), as modified by Amendments Statutory Basis for, the Proposed Rule the receipt of an order at the first point No. 1 and 2, is approved on Change of contact between the broker-dealer anaccelerated basis. In its filing with the Commission, and the customer or counterparty and NASD included statements concerning further documenting the life of the order For the Commission, by the Division of the purpose of and basis for the through the process of execution. One of Market Regulation, pursuant to delegated authority.13 proposed rule change and discussed any the principle objectives of OATS is comments it received on the proposed customer protection through the Florence E. Harmon, rule change. The text of these statements transparency of the executions of Deputy Secretary. may be examined at the places specified customer orders. The Commission does [FR Doc. E7–14356 Filed 7–24–07; 8:45 am] in Item IV below. NASD has prepared not believe that the proposed rule BILLING CODE 8010–01–P summaries, set forth in Sections A, B, change would impact this objective and C below, of the most significant since, by definition, Proprietary Trading aspects of such statements. Firms do not handle customer orders. SECURITIES AND EXCHANGE COMMISSION Further, the Commission notes that A. Self-Regulatory Organization’s Nasdaq believes that the current [Release No. 34–56103; File No. SR–NASD– Statement of the Purpose of, and requirement for Proprietary Trading 2007–039] Statutory Basis for, the Proposed Rule Firms to transmit all order data Change information is onerous and is not offset Self-Regulatory Organizations: 1. Purpose by an equivalent regulatory benefit. In National Association of Securities addition, the Commission notes that this Dealers, Inc.; Notice of Filing and On February 26, 2007, the approach parallels the approach Immediate Effectiveness of Proposed Commission approved SR–NASD–2005– undertaken by the New York Stock Rule Change To Delay Implementation 146, which, among other clarifying and Exchange (‘‘NYSE’’) in NYSE Rule 132C, of Certain Changes to the Manning conforming changes, proposed which requires NYSE members, upon Rule amendments to NASD IM–2110–2 6 to request, to transmit order tracking data July 19, 2007. (1) expand the scope to apply to OTC 7 to the NYSE.10 Pursuant to Section 19(b)(1) of the Equity Securities; (2) modify the The Commission therefore believes Securities Exchange Act of 1934 minimum price-improvement standards that it is consistent with the Act to (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 for securities trading in decimals; (3) permit Proprietary Trading Firms to notice is hereby given that on June 20, adopt on a permanent basis the pilot submit OATS data to Nasdaq only upon 2007, the National Association of price-improvement standards for request. Securities Dealers, Inc. (‘‘NASD’’) filed 5 with the Securities and Exchange See Securities Exchange Act Release No. 55351 V. Accelerated Approval (February 26, 2007), 72 FR 9810 (March 5, 2007) Commission (‘‘Commission’’) the (order approving SR–NASD–2005–146). The Commission finds good cause for proposed rule change as described in 6 Currently, NASD IM–2110–2 generally prohibits approving the proposed rule change, as Items I, II and III below, which Items a member from trading for its own account in an modified by Amendment Nos. 1 and 2, have been substantially prepared by exchange-listed security at a price that is equal to or better than an unexecuted customer limit order prior to the thirtieth day after NASD. NASD filed the proposed rule in that security, unless the member immediately publishing notice of Amendment No. 2 change pursuant to Section 19(b)(3)(A) thereafter executes the customer limit order at the in the Federal Register pursuant to of the Act 3 and Rule 19b–4(f)(6) price at which it traded for its own account or Section 19(b)(2) of the Act.11 In thereunder,4 which renders it effective better. As part of SR–NASD–2005–146, NASD replaced the term ‘‘exchange-listed security’’ with the term ‘‘NMS stock,’’ which is defined as any 8 the date of publication of the notice thereof, unless 15 U.S.C. 78f. NMS security other than an option. See Rule the Commission finds good cause for so doing. 9 15 U.S.C. 78f(b)(5). 600(b)(47) of Regulation NMS. Although the 12 10 See Securities Exchange Act Release No. 47689 15 U.S.C. 78s(b)(2). replacement of the term would not become effective (April 17, 2003), 68 FR 20200 (April 24, 2003) 13 17 CFR 200.30–3(a)(12). until the November 26, 2007 final implementation (Order approving SR–NYSE–99–51). 1 15 U.S.C. 78s(b)(1). date, as stated in SR–NASD–2005–146, NASD IM– 11 15 U.S.C. 78s(b)(2). Pursuant to Section 19(b)(2) 2 17 CFR 240.19b–4. 2110–2 does not apply to options. of the Act, the Commission may not approve any 3 15 U.S.C. 78s(b)(3)(A). 7 See NASD Rule 6610(d) (definition of ‘‘OTC proposed rule change prior to the thirtieth day after 4 17 CFR 240.19b–4(f)(6). Equity Security’’).

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securities trading in decimals; and (4) minimum amount of price improvement Act 10 and Rule 19b–4(f)(6) delete certain unnecessary text relating required is the lesser of $0.01 or one- thereunder.11 At any time within 60 to the minimum price-improvement half (1⁄2) of the current inside spread. days of the filing of the proposed rule required for securities trading in This provision will go into effect on July change, the Commission may summarily fractions. On April 27, 2007, NASD 26, 2007, as currently scheduled. abrogate such rule change if it appears published Notice to Members 07–19, All other changes unrelated to the to the Commission that such action is which announced the Commission’s expansion to OTC Equity Securities, necessary or appropriate in the public approval of SR–NASD–2005–146 and including the deletion of certain interest, for the protection of investors, established July 26, 2007 as the effective unnecessary text relating to the or otherwise in furtherance of the date of the rule changes in SR–NASD– minimum price-improvement required purposes of the Act. 2005–146.8 for securities trading in fractions and In accordance with Rule 19b–4,12 Following Commission approval of the adoption on a permanent basis of NASD submitted written notice of its SR–NASD–2005–146 and the the pilot price-improvement standards intent to file the proposed rule change, publication of the Notice to Members, for securities trading in decimals that along with a brief description and text several firms have requested that the were approved pursuant to SR–NASD– of the proposed rule change, at least five effective date of the approved rule 2005–146 will become effective as business days prior to the date of filing. changes be delayed to allow firms scheduled on July 26, 2007. IV. Solicitation of Comments additional time to make necessary NASD has filed the proposed rule systems changes in light of other change for immediate effectiveness. Interested persons are invited to competing technological demands NASD proposes to implement the submit written data, views, and required by implementation of proposed rule change as described arguments concerning the foregoing, Regulation NMS. In addition, some herein. including whether the proposed rule broker-dealers raised concerns regarding change is consistent with the Act. the application of the approved 2. Statutory Basis Comments may be submitted by any of minimum price-improvement standards. NASD believes that the proposed rule the following methods: change is consistent with the provisions NASD staff is currently revisiting the Electronic Comments amended price-improvement standards of Section 15A(b)(6) of the Act,9 which • in light of these concerns. If, based on requires, among other things, that NASD Use the Commission’s Internet this review, NASD concludes that rules be designed to prevent fraudulent comment form (http://www.sec.gov/ further rulemaking is warranted, NASD and manipulative acts and practices, to rules/sro.shtml); or • will file a separate rule change with the promote just and equitable principles of Send an e-mail to rule- Commission. trade, and, in general, to protect [email protected]. Please include File Therefore, to provide adequate time to investors and the public interest. NASD Number SR–NASD–2007–039 on the firms to make technological changes believes that the proposed rule change subject line. given competing technological demands will improve the treatment of customer Paper Comments from Regulation NMS, and to consider limit orders and promote investor • Send paper comments in triplicate and potentially act upon the concerns protection. regarding the minimum price- to Nancy M. Morris, Secretary, improvement standards, NASD is B. Self-Regulatory Organization’s Securities and Exchange Commission, proposing that the effective date of Statement on Burden on Competition 100 F Street, NE., Washington, DC certain NASD rule changes approved in NASD does not believe that the 20549–1090. SR–NASD–2005–146 as described proposed rule change will result in any All submissions should refer to File herein be delayed until November 26, burden on competition that is not Number SR–NASD–2007–039. This file 2007. Specifically, NASD is proposing necessary or appropriate in furtherance number should be included on the to delay the approved rule changes in of the purposes of the Act, as amended. subject line if e-mail is used. To help the SR–NASD–2005–146 that relate solely Commission process and review your C. Self-Regulatory Organization’s comments more efficiently, please use to the expansion of the scope of NASD Statement on Comments on the IM–2110–2 to OTC Equity Securities only one method. The Commission will Proposed Rule Change Received From post all comments on the Commission’s and the related deletion of NASD Rule Members, Participants, or Others 6541. Accordingly, the requirements in Internet Web site (http://www.sec.gov/ NASD Rule 6541 would continue to Written comments were neither rules/sro.shtml). Copies of the apply to OTCBB securities until NASD solicited nor received. submission, all subsequent amendments, all written statements IM–2110–2 is implemented for OTC III. Date of Effectiveness of the Equity Securities. with respect to the proposed rule Proposed Rule Change and Timing for change that are filed with the In addition, the amendments in SR– Commission Action NASD–2005–146 also make changes to Commission, and all written the minimum price-improvement Because the foregoing proposed rule communications relating to the standards in NASD IM–2110–2, which, change does not: proposed rule change between the as approved, would apply uniformly to (i) Significantly affect the protection Commission and any person, other than both OTC Equity Securities and NMS of investors or the public interest; those that may be withheld from the stocks. NASD is delaying these changes (ii) Impose any significant burden on public in accordance with the as well, with one exception: For competition; and provisions of 5 U.S.C. 552, will be customer limit orders in exchange-listed (iii) Become operative for 30 days available for inspection and copying in securities priced less than $1.00 that are from the date on which it was filed, or the Commission’s Public Reference at or inside the best inside market, the such shorter time as the Commission Room, 100 F Street, NE., Washington, may designate, it has become effective 8 See NASD Notice to Members 07–19 (April pursuant to Section 19(b)(3)(A) of the 10 15 U.S.C. 78s(b)(3)(A). 2007) (announcing the effective date of the rule 11 17 CFR 240.19b–4(f)(6). changes in SR–NASD–2005–146). 9 15 U.S.C. 78o–3(b)(6). 12 17 CFR 240.19b–4.

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DC 20549, on official business days I. Self-Regulatory Organization’s the proposed rule change, and discussed between the hours of 10 a.m. and 3 p.m. Statement of the Terms of Substance of any comments it received on the Copies of such filing also will be the Proposed Rule Change proposed rule change. The text of these available for inspection and copying at Phlx proposes to extend for a one-year statements may be examined at the the principal office of NASD. All period, until July 31, 2008, its current places specified in Item IV below. The comments received will be posted pilot program that provides for an Exchange has substantially prepared without change; the Commission does option transaction charge credit of $0.21 summaries, set forth in Sections A, B, not edit personal identifying per contract for Exchange options and C below, of the most significant information from submissions. You specialist units 5 that incur Phlx option aspects of such statements. should submit only information that transaction charges when a customer A. Self-Regulatory Organization’s you wish to make available publicly. All order is delivered to the limit order Statement of the Purpose of, and submissions should refer to File book via the Exchange’s Options Floor Statutory Basis for, the Proposed Rule Number SR–NASD–2007–039 and Broker Management System (‘‘FBMS’’) 6 Change should be submitted on or before and is then sent to an away market and August 15, 2007. executed via the Intermarket Option 1. Purpose For the Commission, by the Division of Linkage (‘‘Linkage’’) under the Plan for Currently, the Exchange provides an Market Regulation, pursuant to delegated the Purpose of Creating and Operating option transaction charge credit of $0.21 authority.13 an Intermarket Option Linkage per contract for Exchange options (‘‘Plan’’) 7 as a Principal Acting as Agent specialist units that incur Phlx option Florence E. Harmon, Order (‘‘P/A Order’’).8 The pilot transaction charges when a customer Deputy Secretary. program in effect is currently scheduled order is delivered to the limit order [FR Doc. E7–14359 Filed 7–24–07; 8:45 am] to expire on July 31, 2007.9 The text of book via FBMS and is then sent to an BILLING CODE 8010–01–P the proposed rule change is available at away market and executed via Linkage the Exchange, the Commission’s Public under the Plan as a P/A Order. Reference Room, and http:// The purpose of this proposal is to SECURITIES AND EXCHANGE www.phlx.com. continue to alleviate the potential COMMISSION economic burden of multiple II. Self-Regulatory Organization’s transaction charges imposed on Statement of the Purpose of, and Exchange specialist units by [Release No. 34–56101; File No. SR–Phlx– Statutory Basis for, the Proposed Rule 2007–50] establishing a credit for Exchange Change option transaction charges incurred by Self-Regulatory Organizations; In its filing with the Commission, the an Exchange specialist unit when a Philadelphia Stock Exchange, Inc.; Exchange included statements customer limit order placed on the limit Notice of Filing and Immediate concerning the purpose of, and basis for, order book by a Floor Broker 10 results Effectiveness of a Proposed Rule in an execution of a P/A Order that is Change Relating To Extending the 5 The terms ‘‘specialist’’ and ‘‘specialist unit’’ are sent to another exchange via Linkage. used interchangeably herein. The Exchange believes that continuing Specialist Option Transaction Charge 6 The FBMS is designed to enable Floor Brokers to give an options transaction charge Credit Pilot Program and/or their employeesto enter, route and report transactions stemming from options orders received credit of $0.21 per contract should July 19, 2007. on the Exchange. The FBMS also is designed to encourage the use of Linkage and establish an electronic audit trail for options orders Pursuant to Section 19(b)(1) of the should allow the Exchange to remain represented and executed by Floor Brokers on the competitive with other exchanges with Securities Exchange Act of 1934 Exchange, such that the audit trail provides an respect to the assessment of Linkage- (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 accurate, time-sequenced record of electronic and related fees.11 notice is hereby given that on June 22, other orders, quotations and transactions on the Exchange, beginning with the receipt of an order by This proposal is to remain in effect as 2007, the Philadelphia Stock Exchange, the Exchange, and further documenting the life of a pilot program until July 31, 2008.12 Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the order through the process of execution, partial the Securities and Exchange execution, or cancellation of that order. See Phlx 2. Statutory Basis Commission (‘‘Commission’’) the Rule 1080, Commentary .06. 7 See Securities Exchange Act Release Nos. 43086 The Exchange believes that the proposed rule change as described in (July 28, 2000), 65 FR 48023 (August 4, 2000) and proposed rule change is consistent with Items I, II, and III below, which Items 43573 (November 16, 2000), 65 FR 70851 Section 6(b) of the Act 13 in general, and have been substantially prepared by the (November 28, 2000) (order approving Phlx as a Section 6(b)(4) of the Act 14 in Exchange. Phlx has designated this participant in the Plan). 8 A P/A order is an order for the principal account 10 proposal as one establishing or changing of a specialist (orequivalent entity on another A Floor Broker who wishes to place a limit a due, fee, or other charge imposed by participant exchange that is authorized to represent order on the limit orderbook must submit such a public customer orders), reflecting the terms of a limit order electronically through the FBMS. See the Exchange under Section Exchange Rule 1063, Commentary .01. See also 19(b)(3)(A)(ii) of the Act 3 and Rule 19b– related unexecuted public customer order for which the specialist is acting as agent. See Phlx Rule Phlx Rule 1080, Commentary .02(b). 4 4(f)(2) thereunder, which renders the 1083(k)(i). 11 See Securities Exchange Act Release No. 53866 proposal effective upon filing with the 9 See Securities Exchange Act Release No. 54257 (May 25, 2006), 71 FR 31237 (June 1, 2006) (SR– Commission. The Commission is (August 1, 2006), 71 FR 45089 (August 8, 2006) CBOE–2006–44) (rebate of certain transaction fees to Designated Primary Market Makers related to the publishing this notice to solicit (SR–Phlx–2006–46). This proposal is scheduled to be in effect for the same time period as fees for execution of outbound P Orders and P/A Orders). comments on the proposed rule change Linkage Principal Orders (‘‘P Orders’’) and P/A See also Footnote 8 and Section 21 of the CBOE from interested persons. Orders. See Securities Exchange Act Release No. Fees Schedule. 54233 (July 27, 2006), 71 FR 44070 (August 3, 2006) 12 This proposal is in connection with an existing (SR–Phlx–2006–44). The Exchange intends to file a pilot program forLinkage P and P/A Orders and is 13 17 CFR 200.30–3(a)(12). separate proposed rule change to extend, for a one- scheduled to be in effect for the same time period 1 15 U.S.C. 78s(b)(1). year period through July 31, 2008, the pilot relating as the pilot program for Linkage P and P/A Orders. 2 17 CFR 240.19b–4. to transaction fees applicable to the execution of P/ See supra at note 9. 3 15 U.S.C. 78s(b)(3)(A)(ii). A Orders and P Orders sent to the Exchange via 13 15 U.S.C. 78f(b). 4 17 CFR 240.19b–4(f)(2). Linkage under the Plan. 14 15 U.S.C. 78f(b)(4).

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particular, in that it is an equitable All submissions should refer to File construction on new location from US allocation of reasonable dues, fees, and Number SR–Phlx–2007–50. This file 19–23–74 (Patton Avenue) across the other charges among Exchange number should be included on the French Broad River to US 19–23–70 in members. subject line if e-mail is used. To help the Buncombe County, North Carolina. Commission process and review your FOR FURTHER INFORMATION CONTACT: B. Self-Regulatory Organization’s comments more efficiently, please use Statement on Burden on Competition Clarence W. Coleman, P.E., Operations only one method. The Commission will Engineer, Federal Highway The Exchange does not believe that post all comments on the Commission’s Administration, 310 New Bern Avenue, the proposed rule change will impose Internet Web site (http://www.sec.gov/ Suite 410, Raleigh, North Carolina any burden on competition that is not rules/sro.shtml). Copies of the 27601–1418, Telephone: (919) 856– necessary or appropriate in furtherance submission, all subsequent 4350, Extension 133. of the purposes of the Act. amendments, all written statements SUPPLEMENTARY INFORMATION: The C. Self-Regulatory Organization’s with respect to the proposed rule FHWA, in cooperation with the North Statement on Comments on the change that are filed with the Carolina Department of Transportation Proposed Rule Change Received From Commission, and all written (NCDOT), will prepare an Members, Participants, or Others communications relating to the environmental impact statement (EIS) proposed rule change between the on a proposal for extending I–26, partly No written comments were either Commission and any person, other than on new location, from I–40 to US 19– solicited or received. those that may be withheld from the 23–70 including the I–26/I–40/I–240 III. Date of Effectiveness of the public in accordance with the interchange. The project is commonly Proposed Rule Change and Timing For provisions of 5 U.S.C. 552, will be referred to as the I–26 Connector and is Commission Action available for inspection and copying in intended to provide a link between the Commission’s Public Reference existing I–26 and US 19–23–70 north of The foregoing proposed rule change Room, 100 F Street, NE., Washington, Asheville, completing a gap in the I–26 has been designated as a fee change DC 20549, on official business days corridor through Asheville. The project pursuant to Section 19(b)(3)(A)(ii) of the between the hours of 10 a.m. and 3 p.m. includes upgrading the I–26/I–40/I–240 15 16 Act and Rule 19b–4(f)(2) Copies of such filing also will be interchange and improving I–240 thereunder, because it establishes or available for inspection and copying at (including the interchanges) north to the changes a due, fee, or other charge the principal office of the Exchange. All I–240/US 19–23–74A/Patton Avenue applicable only to a member. comments received will be posted interchange west of the French Broad Accordingly, the proposal became without change; the Commission does River. The project also includes effective upon filing with the not edit personal identifying construction of a multilane freeway Commission. At any time within 60 information from submissions. You segment on new location from the I– days of the filing of such proposed rule should submit only information that 240/US 19–23–74A/Patton Avenue change, the Commission may summarily you wish to make available publicly. All interchange across the French Broad abrogate such rule change if it appears submissions should refer to File River, merging into US 19–23–70 south to the Commission that such action is Number SR–Phlx–2007–50 and should of the existing US 19–23–70 interchange necessary or appropriate in the public be submitted on or before August 15, with SR 1781 (Broadway). interest, for the protection of investors, 2007. Improvements to the corridor are or otherwise in furtherance of the considered necessary to provide for the purposes of the Act. For the Commission, by the Division of Market Regulation, pursuant to delegated existing and projected traffic demand IV. Solicitation of Comments authority.17 and improve connectivity between I–26 Florence E. Harmon, south of Asheville and US 19–23–70 Interested persons are invited to north of Asheville. In addition, submit written data, views, and Deputy Secretary. upgrades are needed on existing arguments concerning the foregoing, [FR Doc. E7–14357 Filed 7–24–07; 8:45 am] interstates within the study area to meet including whether the proposed rule BILLING CODE 8010–01–P current design standards. change is consistent with the Act. Comments may be submitted by any of Opportunities have been provided for the following methods: DEPARTMENT OF TRANSPORTATION involvement with the public in defining the project purpose and need and Electronic Comments Federal Highway Administration determining the range of alternatives to • Use the Commission’s Internet be considered for the project. Further Environmental Impact Statement; opportunities for the public to comment comment form (http://www.sec.gov/ Buncombe County, NC rules/sro.shtml); or on the environmental review process • Send an e-mail to rule- AGENCY: Federal Highway will be provided throughout the [email protected]. Please include File Administration (FHWA), DOT. remainder of the project development process. From 1989 to 1995, the I–26 Number SR–Phlx–2007–50 on the ACTION: Notice of Intent. subject line. Connector was studied as part of the SUMMARY: The FHWA is issuing this Asheville Urban Area Corridor Paper Comments notice to advise the public that an Preservation Pilot Project in order to • Send paper comments in triplicate environmental impact statement will be develop the Asheville Urban Area to Nancy M. Morris, Secretary, prepared for the proposed extension of Thoroughfare Plan, a long-range Securities and Exchange Commission, I–26 from I–40 to US 19–23–70, regional transportation plan. Extensive 100 F Street, NE., Washington, DC including widening I–240 from the public involvement was incorporated to 20549–1090. I–26/I–40/I–240 interchange to US 19– identify overall transportation goals, 23–74 (Patton Avenue), and specific projects in the Asheville area 15 15 U.S.C. 78s(b)(3)(A)(ii). that would fulfill those goals (which 16 17 CFR 240.19b–4(f)(2). 17 17 CFR 200.30–3(a)(12). identified the I–26 Connector as one of

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those projects) and potential corridors Issued on: July 19, 2007. reevaluation was completed for A–9D (a for the I–26 Connector. NCDOT Clarence W. Coleman, widening project), while A–9 A, B, & C published a final Phase I Environmental P.E., Operations Engineer, Raleigh, North (the new location portion) was subject Analysis for the Asheville Urban Area Carolina. to further analysis due to the project’s (Phase I Study) in April 1995. [FR Doc. E7–14353 Filed 7–24–07; 8:45 am] potential impacts. The Supp. FEIS and its associated technical memorandum Prior to the initiation of BILLING CODE 4910–22–P (indirect and cumulative effects report, environmental studies in preparation of air analysis, noise analysis, etc.) are an Environmental Impact Statement DEPARTMENT OF TRANSPORTATION being prepared only for the B & C (EIS), a scoping letter soliciting portion of the project. The A portion of comments on the proposed project was Federal Highway Administration the project is currently unfunded. The sent in 1996 to the local, state, and project includes a tunnel under Stecoah federal agencies, by NCDOT. No further Supplemental Final Environmental Gap where an easement will be obtained scoping actions are planned. Impact Statement; Graham County, NC from the U.S. Forest Service. The project In 1997, the United States Army AGENCY: Federal Highway corridor follows the existing NC 143 Corps of Engineer (USACE), FHWA, and Administration (FHWA), Department of alignment in some areas; however, the NCDOT signed an Interagency Transportation. majority of the project is on new location, as is the area through Stecoah Agreement integrating Section 404 and ACTION: Notice of Intent. the National Environmental Policy Act Gap. The project also includes several new stream crossings including a bridge (NEPA) of 1969, known as the Section SUMMARY: The FHWA is issuing this over Stecoah Creek. 404/NEPA Merger Process. The notice to advise the public that a Supplemental Final Environmental The purpose of this project is to agreement requires the establishment of improve the US 74 corridor throughout a project team at the beginning of each Impact Statement (Supp. FEIS) will be prepared for the proposed relocation of the state providing better system transportation project and outlines the U.S. 74 from U.S. 129 in Robbinsville to linkage, economic and social coordination process with a series of NC 28 in Stecoah, Graham County, development, highway capacity, and Concurrence Points in order to promote North Carolina. The proposed project safety resulting in road user savings cooperation and coordination during the would be the construction of a four-lane from a more efficient highway facility. study process and to ensure divided highway approximately 11 It will also provide better accessibility compatibility with local, state and miles in length. This project is with highway connections for Graham federal planning projects and policies. identified as TIP Project No. A–9 B&C. County. The proposed US 74 relocation is part of the Appalachian Development In addition to the project merger team FOR FURTHER INFORMATION CONTACT: Mr. Highway System (ADHS), which would providing guidance and input, Clarence W. Coleman, P.E., Operations complete a missing link in the involvement with the public continued Engineer, Federal Highway Appalachian Highway Corridor K. In with a Project Educational Forum and a Administration, 310 New Bern Avenue, summary, the purpose of the ADHS is separate Project Design Forum in 2000. Suite 410, Raleigh, North Carolina to improve the economic conditions of In the summer of 2004, public 27601–1418, telephone: (919) 856–4350, the region by providing the informational meetings were held to Extension 133. infrastructure necessary for economic receive public comments on the SUPPLEMENTARY INFORMATION: The and human resource development. functional alternatives presented. The proposed relocation is part of the North A scoping letter was sent to federal engineering designs for the project Carolina Department of Transportation and state resource agencies on alternatives were then presented at (NCDOT) Transportation Improvement December 5, 1995, and an interagency Community Informational Workshops in Program (TIP) Project No. A–9, which scoping meeting held on January 4, October 2006. Upon completion of the includes four different relocation 1996. Additional interagency meetings draft EIS, a public hearing will be held, projects, identified as TIP Project Nos. were held on July 31, 1996, December with public notice of the time and place A–9 A, B, C, & D. The ‘‘A’’ portion of 9, 1999, January 20, 2004, and of the hearing. The draft EIS will be the project begins in Cherokee County September 19, 2006. An interagency available for public and agency review with a proposed terminus in Andrews meeting is currently scheduled for and comment prior to the public and extends into Graham County with a August 14, 2007. Public involvement proposed terminus in Robbinsville. The hearing. has occurred for this project. The first proposed relocation from Robbinsville Citizens Informational Workshop was To ensure that the full range of issues to Stecoah is the ‘‘B & C’’ portion of the held in two locations to accommodate related to the proposed action is project. The ‘‘D’’ portion of the project interests at each end of the entire ABC addressed and all significant issues are begins in Stecoah and extends east into project study area. The first workshop identified, comments and suggestions Swain County, terminating in Almond; was held on March 11, 1996, at the are invited from all interested parties. most of this segment is complete. Robbinsville High School in Comments and questions concerning the An FEIS for the entire A–9 project Robbinsville; the second was held at the proposed action should be directed to was completed in 1984. Federal Andrews Community Center in the FHWA at the address provided regulations impose a three-year Andrews. The second Citizens above. restriction, commencing from the time a Informational Workshop was also held document is signed, for action to be in two locations on subsequent days. (Catalog of Federal Domestic Assistance taken on a project. If action is not taken The workshop in Robbinsville was held Program Number 20.205, Highway Research within this period, a reevaluation of the October 28, 1996, at the Robbinsville Planning and Construction. The regulations FEIS is required. The Supp. FEIS will High School; the second on October 29, implementing Executive Order 12372 serve as this reevaluation (40 CFR 1996, at the Andrews Community regarding intergovernmental consultation on 1502.9). The FEIS identified a Preferred Center in Andrews. The third Citizens Federal programs and activities apply to this program.) Corridor for the entire A, B, C, & D Informational Workshop was also held corridor from Andrews to Almond. A on subsequent days in Robbinsville and

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Andrews. The workshop in Robbinsville To ensure that the full range of issues regarding intergovernmental consultation on was held March 14, 2000, at the related to the proposed action is Federal programs and activities apply to this Robbinsville High School; the second on addressed and all significant issues are program.) March 15, 2000, at the Andrews identified, comments and suggestions Issued on: July 19, 2007. Community Center in Andrews. The are invited from all interested parties. Clarence W. Coleman, most recent Citizens Informational Comments and questions concerning the Workshop was held on November 28, proposed action should be directed to P.E., Operations Engineer, Raleigh, North 2006, at the Graham County Community the FHWA at the address provided Carolina. Building in Robbinsville. Local Officials above. [FR Doc. E7–14352 Filed 7–24–07; 8:45 am] BILLING CODE 4910–22–P Meetings were held immediately before (Catalog of Federal Domestic Assistance the Citizens Informational Workshops Program Number 20.205, Highway Research with the exception of the November 28, Planning and Construction. The regulations 2006, workshop. implementing Executive Order 12372

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Part II

Millennium Challenge Corporation Notice of Entering Into a Compact With the Government of the Republic of Mozambique; Notice

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MILLENNIUM CHALLENGE Government of the Republic of necessary to unlock the potential of the CORPORATION Mozambique. Representatives of the economically lagging Northern United States Government and the provinces, which are home to [MCC FR 07–06] Government of the Republic of approximately 10 million people. Notice of Entering Into a Compact With Mozambique executed the Compact Moreover, given Mozambique’s rapid the Government of the Republic of documents on July 13, 2007. urbanization, its next stage of economic Mozambique Dated: July 17, 2007. recovery cannot succeed without well- William G. Anderson Jr., functioning public services in its cities, AGENCY: Millennium Challenge where coverage levels for water and Corporation. Vice President & General Counsel, Millennium Challenge Corporation. sanitation, for example, are declining. ACTION: Notice. Summary of Millennium Challenge B. Program SUMMARY: In accordance with Section Compact With the Government of the 1. Goal and Objectives 610(b)(2) of the Millennium Challenge Republic of Mozambique Act of 2003 (Pub. L. 108–199, Division The $506.9 million Compact focuses D), the Millennium Challenge A. Introduction on water, sanitation, roads, land tenure, Corporation (MCC) is publishing a Since emerging in 1992 from three and agriculture (the ‘‘Program’’), as summary and the complete text of the decades of nearly continuous conflict, summarized in the table below. The Millennium Challenge Compact Mozambique has experienced one of the Program involves crucially needed between the United States of America, fastest growth rates in Africa, averaging investments in physical assets, policy acting through the Millennium eight percent per year over the last reforms, capacity building, and Challenge Corporation, and the decade. To sustain this growth, it is institutional strengthening.

Program CIF/Year 1 Year 2 Year 3 Year 4 Year 5 Total

1. Water Supply & Sanitation Project ...... $16,250,586 $33,486,540 $60,354,509 $51,577,477 $41,916,281 $203,585,393 2. Roads Project ...... 5,430,562 4,420,542 39,733,884 79,578,499 47,143,993 176,307,480 3. Land Tenure Services Project ...... 5,261,274 12,369,941 9,541,389 6,823,931 5,071,772 39,068,307 4. Farmer Income Support Project ...... 3,754,417 3,491,632 3,851,878 3,375,446 2,958,838 17,432,211 5. Monitoring and Evaluation ...... 2,195,000 955,000 1,880,000 920,000 2,255,000 8,205,000 6. Program Administration & Oversight ... 23,577,473 11,014,974 10,086,885 9,009,757 8,636,572 62,325,661

Total MCC Contribution...... 56,469,312 65,738,629 125,448,545 151,285,110 107,982,456 506,924,053

The Program’s goal is to reduce Millennium Development Goals for and Nacala) in the provinces of poverty in Northern Mozambique water and sanitation. It also is Zambe´zia, Nampula and Cabo Delgado; through economic growth. The consistent with and a key part of the (b) water supply services in two small Program’s objective is to increase the United States Government’s (‘‘USG’’) towns (Monapo and Montepuez) and productive capacity of the population in foreign policy and public diplomacy 600 rural villages in the provinces of selected districts, with the intended objectives. Nampula and Cabo Delgado; (c) capacity impact of reducing the poverty rate, C. Program Description building of local institutions; and policy increasing household income and development. employment, and reducing chronic 1. Water and Sanitation Project ($203.6 MCC’s capital investments in water malnutrition in the targeted districts. million) and sanitation will build on the The various interventions are designed Lack of access to water and sanitation to foster investment and increase pioneering work begun in the mid-1990s is a major barrier to growth and health. and funded by the World Bank to put economic opportunities for Mozambique has one of the lowest Mozambicans living in the North. in place the key sectoral institutions and levels of per-capita water consumption regulatory frameworks. MCC funding 2. Program Rationale in the world. With an average of less will also address some key heretofore The Program addresses key than 10 liters per day, the country is far neglected market segments—small-town below global benchmarks. Moreover, constraints to growth in Mozambique, water supply and sanitation—and, in so due to existing gender norms, girls and which include: doing, will help consolidate and • women are responsible for collecting An inadequate stock of advance the GOM’s water sector most of the water at the household level. infrastructure—particularly for roads, strategy. In urban water supply, the They spend hours fetching water, water, and sanitation—that has strategy is based on a separation of asset degraded because of years of war and leaving little time for child care, attending school, or income-generating ownership and operations and lack of maintenance; maintenance (‘‘O&M’’). Under the so- • A poor investment climate, activities. called system of delegated management, including land tenure administration; The Water Supply and Sanitation • Limited human capacity and poor Project will improve access to safe, the state owns the water assets; O&M is health; and reliable water supply and sanitation carried out by the private sector; and an • Low levels of productivity affecting services, thereby increasing productivity independent regulatory authority agriculture. and reducing water-borne diseases—one (‘‘CRA’’) sets service standards and The Program is consistent with two of the causes of death in children under regulates tariffs. Accordingly, the MCC key themes of the Government of five. It involves: (a) Water supply and program is predicated on private sector Mozambique’s (‘‘GOM’’) development sanitation services in three large cities participation to reduce operating costs strategy: (a) Decentralization and urban- (Quelimane, Nampula, and Pemba) and and improve service—factors that are based growth; and (b) meeting the three mid-sized towns (Gurue´, Mocuba, key to sustainability.

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2. Roads Project ($176.3 million) Land Project—which would operate in • Increase the accessibility, The objective of the Roads Project is all four provinces, but could have a reliability, and quality of water and to: (a) Improve access to markets, national impact—is comprised of three sanitation facilities; • Increase access to productive resources, and services; (b) reduce mutually reinforcing activity areas: (a) A Policy Support Pillar to help improve resources and markets; transport costs for the private sector to • Make land access more efficient and facilitate investment and commercial the policy environment by addressing implementation problems in the secure for households, smallholders, traffic; (c) expand connectivity across and investors; and the Northern region and down toward existing land law and regulatory reviews • to improve upon it; (b) a Capacity Improve productivity of coconut the southern half of the country; and (d) products and diversify into other cash increase public transport access for Building Pillar to build the institutional capacity to implement policies and crops. individuals to take advantage of job and The four strategic objectives, if provide quality public land-related other economic opportunities. achieved, will result in increased services; and (c) a Site-specific Pillar to Specifically, MCC funding will investment and employment. Overall, rehabilitate 491 km of key segments of facilitate access to land use by helping the Program will increase regional gross the National Route 1, which forms the people and business with: (i) Clear domestic product across the targeted backbone of country’s transportation information on land rights and access; provinces in Northern Mozambique— network, in three provinces. The road (ii) more predictable and speedy Cabo Delgado, Nampula, Zambe´zia, and segments will include Rio Lurio— resolution of land and commercial Niassa—by nearly $75 million in 2015 Metoro in Cabo Delgado (74 km); disputes, thereby creating better and $180 million in 2025. A projected Namialo—Rio Lurio (148 km) and conditions for investment and business 33 percent of the population of these Nampula—Rio Ligonha (102 km) in development; and (iii) registering their provinces would have been poor in Nampula; and Nicoadala—Chimuara grants of land use. 2015 without the Program. The Program ´ (167 km) in Zambezia. 4. Farmer Income Support Project ($17.4 can be expected to reduce the projected These roads are part of the GOM’s million) poverty rate by over 7 percent by 2015 five-year master plan for roads, known and by over 16 percent by 2025. As a as the Integrated Road Sector Program Coconuts and coconut products form result of Program implementation, (PRISE), a sector-wide initiative for an important part of the economy in nearly 270,000 persons will be lifted out developing the national road network. Northern Mozambique. However, of poverty by 2015 and 440,000 persons The PRISE’s first three-year rolling outbreaks of Coconut Lethal Yellowing by 2025. The net present value of the investment program (covering 2007– Disease (‘‘CLYD’’) now threaten the net economic benefits of the Program 2009) is budgeted at more than US$1 industry and the livelihood of over 1.7 comes to more than $420 million billion, and includes: (i) The building, million people in the provinces of discounted at the MCC hurdle rate for rehabilitation, and maintenance of roads Zambe´zia and Nampula. At the present Mozambique. and bridges; (ii) the development of rate of spread, more than 50 percent of At the project level, the Water Supply pilot projects to test low-cost materials; the coconut area is likely to be lost over and Sanitation Project is expected to and (iii) the implementation of a road- the next nine years. Affected trees cease assist some 1.9 million beneficiaries by safety initiative. producing and threaten the productivity 2015 through improved water systems, MCC funding will support the of healthy trees; therefore they must be wastewater disposal, and storm water following types of interventions: removed and replaced. drainage. Around one-third of these • Design, environmental assessment, beneficiaries are among the poor. The The objective of the Farmer Income and construction activities; net present value of the net economic Support Project is to improve • Implementation of environmental benefits for all of the water and productivity of coconut products, and and social mitigation measures, sanitation activities (for large cities and encourage diversification into other including compensation for physical towns, small towns, and rural stand cash-crop production. The Project will and economic displacement of posts) amounts to close to $360 million eliminate biological and technical individuals and businesses affected by discounted at the MCC hurdle rate for barriers hindering economic growth the rehabilitation and construction; Mozambique. • Design, construction and among farms and targeted enterprises, By 2015, nearly 2.3 million people— rehabilitation of drainage and bridge while supporting diversification into of whom more than one-third is likely structures; other cash crops and improved farming to be poor—will benefit from the Roads • Posting of signage and practices to assist smallholders and Project, by having improved access to incorporation of other safety producers to recover lost income. In markets and services. The net present improvements; conjunction with tree removal and value of the net economic benefits for • Project management, supervision, replacement, the Project will assist all of the roads activities amounts to and auditing; and farmers in adopting new cropping more than $20 million discounted at the • Technical assistance and capacity systems and developing alternative MCC hurdle rate for Mozambique. building. sources of cash income during the time The Land Project will assist anyone required for new coconut trees to reach who has or acquires land-use rights. 3. Land Tenure Services Project ($39.1 productive age, i.e., seven years and Improved land tenure services are million) beyond. The Project will also provide projected to benefit 1.9 million people The objective of the Land Tenure technical support to introduce better by 2015, the first year after the end of Services Project (‘‘Land Project’’) is to practices aimed at increasing crop the Compact, and to benefit 2.6 million establish more efficient and secure yields. people, 15 years after the end of the access to land by improving the policy D. Impacts Compact. The net present value of the and regulatory framework and helping net economic benefits for the Land beneficiaries meet their immediate Four strategic elements coalesce to Project amounts to more than $4 million needs for registered land rights and form a platform to achieve the overall discounted at the MCC hurdle rate for better access to land for investment. The Program objectives: Mozambique.

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The Farmer Income Support Project strengthening and close collaboration the past two years, the GOM has will benefit 1.7 million smallholders as and communication. To help ensure developed a new road strategy and well as workers on coconut estates, Program success, the Compact has investment program that includes an which employ some 5,000 workers. Half budgeted nearly $40 million for organizational restructuring of the road of these smallholders would be in technical assistance, capacity building, agency and performance-based poverty even without income losses and institutional strengthening. In disbursements linked to measurable from CLYD. The net present value of the addition, competitively selected indicators for routine maintenance, net economic benefits for the Farmer external service providers will perform among others. To supplement this, MCC Income Support Project amounts to $38 the Procurement and Fiscal Agent also successfully negotiated a million discounted at the MCC hurdle functions. commitment by the GOM to implement rate for Mozambique. a rigorous periodic maintenance F. Other Highlights program covering the country’s entire E. Program Management 1. Transformational Change paved road network, upon which 1. Governance Structure The Program has the potential for disbursement of MCC funding is The implementation and management significant transformational change to contingent. In December 2006, the GOM arrangements are designed to ensure help unlock the economic potential of passed a decree approving urban land strong governance, oversight, the northern part of the country by regulations, which establish the rules management, monitoring and evaluation addressing key binding constraints to governing the use and enjoyment of (‘‘M&E’’), and fiscal accountability in growth. Overall, the Program is land in towns and cities. the use of MCC funds. The GOM will expected to reach a total of five million G. Sustainability create MCA-Mozambique as a public people, many of whom will benefit from institution to oversee and manage the multiple Projects. In addition, the 1. Water and Sanitation program as an autonomous accountable Program will have an important For urban water, the Water and entity. MCA-Mozambique will have: (1) qualitative developmental impact, by Sanitation Project will help promote the A Board of Directors to oversee helping to develop and consolidate key sector’s evolution and solidify its implementation, make strategic sectoral institutions and improve water institutions, while addressing the decisions, and ensure the execution of and sanitation services, road institutional capacity gap for smaller agreed policy reforms; (2) an Executive maintenance, and land tenure. cities and towns and for sanitation. The Committee, composed of a smaller sustainability of the water supply 2. Consultative Process working group of Board members or projects in the three large cities their representatives, to facilitate The Compact is derived from (Nampula, Quelimane, and Pemba) is implementation by assisting in Mozambique’s Poverty Reduction assured through the existing state- decisions regarding technical matters; Strategy Paper, known as PARPA in owned asset-holding company for water and (3) a Management Unit to handle Portuguese, which was submitted to a (‘‘FIPAG’’), which operates on a self- the day-to-day operations. The Board domestic consultation involving a wide sustaining basis. The proposed will be composed of representatives variety of sectors and an extensive range investments will help consolidate the from government, private sector, and of stakeholder groups, including the financial sustainability of FIPAG by civil society. It will also include as non- poor. For the MCC program, the GOM providing additional assets and water voting members, a representative from conducted a consultative process sales volume without adding additional MCC, a representative of an through two organizations: The Poverty debt. The GOM is establishing a FIPAG- environmental NGO, and the Executive Observatory, an umbrella group of non- like entity, the Asset Management Unit Director of MCA-Mozambique. The governmental organizations (‘‘NGOs’’), (‘‘AMU’’), as part of the National Water Management Unit will be composed of and the Federation of Economic Directorate, with the assistance of World professional staff hired through an open Associations (the ‘‘CTA’’), a private Bank funding to improve service and competitive recruitment. MCA- sector trade association. The Poverty delivery in the smaller cities and towns Mozambique will have an office in Observatory and CTA together represent (Nacala, Gurue´, Mocuba, Monapo, and Maputo and a field office in Nampula. the preponderance of NGOs, not-for- Montepuez). The AMU—along with the Stakeholder participation will occur profit, and domestic for-profit expansion of the scope of the at both the Program and Project levels. businesses in Mozambique. independent regulatory authority—will At the Program level, stakeholders will provide the basis for cost-based tariffs to Government Commitment and be able to provide feedback through ensure commercially sustainable Effectiveness participatory M&E fora. Mechanisms operations and maintenance services. will also be structured at the Project- The GOM has demonstrated For the largest cities, CRA will continue level to allow the private sector, civil commitment by showing a willingness to set tariffs to ensure full cost recovery. society, and local/regional governments and flexibility to develop solutions for In smaller towns and in rural areas, as to provide advice and input for inefficient government procedures that well as for sanitation, tariffs will be set implementation. affect implementation of donor-funded to recover, at a minimum, 100 percent programs. It also has already initiated of O&M costs. This is projected to occur 2. Implementation Arrangements institutional reform and organizational by 2015, after a period of tariff Line ministries and public restructuring processes in the water and adjustments. institutions will serve as Implementing sanitation and roads sectors and in land. Entities (‘‘IEs’’) and service providers for The GOM is working with MCC and the 2. Roads the various projects. IEs will be World Bank to carry out the necessary The Roads Project’s sustainability responsible for developing the policy reforms for program success, depends upon the functioning of the operational requirements for the building on the crucial institutional two major institutions in the sector—the Projects and performance monitoring of developments identified by the GOM as National Road Agency (‘‘ANE’’) and the contractors. Teams will be located part of the Compact development work Road Fund. ANE is undergoing within the IEs to ensure institutional funded by an MCC 609(g) grant. Over reorganization in order to provide more

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efficient maintenance and system which can help reduce their risks and Project stakeholders, including women management. On the financial side, vulnerability. The Project would also and vulnerable groups, are afforded responsibility for revenue collection, promote environmental sustainability, consultation and an opportunity to identifying sources of funding, and as coconut trees are particularly provide their inputs to Project design financial management is the purview of productive at carbon sequestration. and implementation. MCA-Mozambique the Road Fund, which is under the will ensure that environmental and 5. Environment and Social Impacts Ministry of Finance. The Road Fund is social mitigation measures are followed capitalized by a fuel levy, which enables MCC requires that all Projects comply for all Project activities in accordance the roads sector to meets its routine with national laws and regulations, with the provisions set forth in the maintenance requirements. MCC’s Environmental Guidelines and Compact and supplemental agreements. Nevertheless, to help ensure asset Gender Policy, and World Bank H. Donor Coordination preservation, MCC obtained a Operational Procedure 4.12 on government commitment from the GOM Involuntary Resettlement (WB OP 4.12). MCC has worked closely with various during Compact negotiations to fully None of the Projects is likely to generate multilateral, bilateral, and private fund and execute periodic maintenance, significant adverse environmental, donors to facilitate Program design. which should occur on a seven-year health, or safety impacts. However, MCC has not only built off existing cycle for paved roads. As a condition several of the Water and Sanitation successful programs, but has also precedent to disbursements for civil Project (‘‘Category A,’’ according to catalyzed financial support from several works, the GOM will present—to MCC’s MCC’s Environmental Guidelines) donors. In water and sanitation, MCC satisfaction—a rigorous plan for activities have the potential for limited coordinated closely with the water periodic maintenance covering the resettlement, alteration of river flows sector working group of donors entire paved road network. Under this and aquatic habitat, and over-extraction throughout all stages of Compact plan, the near-term periodic of surface and/or groundwater resources development. For land tenure, MCC maintenance funding will come from that may require mitigation. Since the coordinated closely with many donors, user fees, GOM funds, and donor funds. Roads Project (‘‘Category B’’) involves including most extensively with USAID, Over a 10-year period, however, the the rehabilitation and paving of existing DFID, and the World Bank. The Land plan would phase out donor-funded roads and not the construction of new Project is designed to build on prior periodic maintenance and replace it roads, any negative environmental or schemes and to complement existing with user fees. social impacts are expected to be initiatives. Specifically, it will support a mitigatable. Similarly, any potential ‘‘buy-in’’ to a multi-donor program 3. Land negative environmental and social called the Land Fund to allow its The Land Project addresses impacts of the Land Project (‘‘Category expansion into three more provinces. sustainability by supporting the C’’) and the Farmer Income Support MCC funds will add greater emphasis development of an overall strategy for Project (‘‘Category B’’) are expected to on women’s land rights. Finally, the modernization of land services that be mitigatable. The full scope of the Compact will support municipal emphasizes client service, adoption of impacts of each Project will be further cadastre work, and will draw lessons technology solutions adapted to the examined through various from the experience gained under local context, and strengthening of environmental and social assessments USAID’s local governance project, financial and human resource capacity. that the GOM will conduct during the which is piloting cadastre work in five Re-establishing trust and creating first year of implementation. Any municipalities currently. In roads, MCC efficiency in public land services will negative impacts or risks identified resources, like all major donor and GOM increase citizen and business use of through these assessments would be investments going into the sector, will services, thereby contributing to high- mitigated or managed through adequate fund road improvements in the context quality, up-to-date records. The GOM’s approaches to implementation, of the GOM’s five-year master plan, increased ability to collect land rents including preparing and implementing called the Integrated Road Sector from leases of public land and expanded environmental management plans, Program (‘‘PRISE’’). MCC’s participation collection of rationalized service fees resettlement action plans, and gender in the PRISE would be in the form of will provide a major improvement in analyses, as necessary. project finance, while other donors will capacity to fund public land services at It is important to note that a number use a mixture of both project finance the national, provincial, and municipal of positive environmental and social and pooled funding. levels. Finally, the Project will enable benefits should emerge from many of MCC has also taken a proactive significant progress to improving access the Compact activities, most notably approach to coordinating with various to and security of land tenure, which from the Water and Sanitation and the USG agencies throughout the Compact will help facilitate sustainable economic Farmer Income Support Projects. development and due diligence process, development through increased Furthermore, to maximize the positive including: USAID, State Department, investment. social impacts of the Compact and USTR, USTDA, Africa Development ensure compliance with MCC’s Gender Foundation, Treasury Department, 4. Farmer Income Support Project Policy, the GOM will develop: (a) A Department of Commerce, Department Sustainability for the Farmer Income Gender Integration Plan that includes of Justice, USDA Forest Service, OPIC, Support Project is linked to the overall approaches for meaningful and U.S. Export-Import Bank, and the HELP market performance of coconuts and inclusive consultations with women Commission. alternate crops. The market for coconuts and vulnerable and under-represented and its processed products is growing groups; and (b) Project-specific gender I. The ‘‘MCC Effect’’ in Mozambique domestically and internationally, as are analyses, the results of which will be The ‘‘MCC Effect’’ has been markets for targeted alternate crops. incorporated into final Project designs. pronounced in Mozambique in several Yield improvements should help foster To promote environmental and social different ways, including: (1) Creating sustainability, as should the adoption by sustainability, MCA-Mozambique will space to increase the voice of civil smallholders of improved farming ensure that comprehensive public society in developing the original practices and crop diversification, consultations are developed so that proposal; (2) mobilizing other donor

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activity; and (3) catalyzing the Section 5.3 Survival Section 1.3 Project Objectives implementation of an urban water and Article 6. Compact Annexes; Amendments; Governing Law The objectives of the Projects (as sanitation strategy for small towns. further described in Annex I) In the water/sanitation sector, the Section 6.1 Annexes Section 6.2 Inconsistencies (collectively, the ‘‘Project Objectives’’ prospect of a large MCC investment led Section 6.3 Amendments and each a ‘‘Project Objective’’) are to: the World Bank to assemble a package Section 6.4 Governing Law (a) Increase the accessibility, of up to $40 million in funding to Section 6.5 Additional Instruments reliability and quality of water and complement MCC’s interventions and Section 6.6 References to MCC Web site sanitation services; invest in areas beyond MCC’s scope. Article 7. Entry Into Force (b) Improve access to productive This package will help leverage the Section 7.1 Domestic Requirements resources and markets; impact of MCC’s investments, and is Section 7.2 Conditions Precedent (c) Establish more efficient and secure Section 7.3 Date of Entry into Force estimated to reach approximately two Section 7.4 Compact Term access to land, particularly in the four million beneficiaries at the national Article 8. Additional Government Covenants provinces included in the Program; and level. Combined with MCC investments Section 8.1 Designated Entity (d) Improve productivity of coconut in water/sanitation, which will reach Section 8.2 Administrative Court products and encourage diversification more than 1.9 million people, nearly Section 8.3 Certain Financial Practices into other cash crop production. four million people in total will benefit Section 8.4 Procurement The Government will take all the from improved water and sanitation Annex I: Program Description steps necessary or appropriate to services. Annex II: Summary of Multi-Year Financial achieve the Program Objective and Plan Project Objectives during the Compact In addition, through the 609(g)- Annex III: Description of the Monitoring and funded Compact development process, Evaluation Plan Term (as defined in Section 7.4). MCC has already succeeded in pushing Article 2. Funding and Resources to develop further Mozambique’s land Millennium Challenge Compact policy and to make it more effective in Preamble Section 2.1 MCC Funding practice. This was not easy given the This Millennium Challenge Compact (a) MCC grants to the Government, post-war legacy of extreme sensitivity (this ‘‘Compact’’) is between the under the terms of this Compact, an around land issues. As a result, other Government of the United States of amount not to exceed Five Hundred Six donors are contemplating ramping up America, acting through the Millennium Million, Nine Hundred Twenty-Four their own initiatives to support Challenge Corporation, a United States Thousand, Fifty-Three United States interventions on land policy and to government corporation (‘‘MCC’’), and Dollars (US$506,924,053) (‘‘MCC engage the government on needed the Government of the Republic of Funding’’) to help the Government policy and institutional reform. Mozambique (the ‘‘Government’’) implement the Program. Millennium Challenge Compact (individually a ‘‘Party’’ and collectively, (b) Annex II of this Compact describes Between The United States of America the ‘‘Parties’’). the use of MCC Funding. Acting Through the Millennium Recalling that the Government Section 2.2 Compact Implementation Challenge Corporation and the consulted with the private sector and Funding civil society of the Republic of Government of the Republic of (a) Of the total amount of MCC Mozambique (‘‘Mozambique’’) to Mozambique Funding, MCC will make up to Twenty- determine the priorities for the use of Table of Contents Five Million, Three Hundred Forty-Six Millennium Challenge Account Thousand, Two Hundred United States Article 1. Goal and Objectives assistance and developed and submitted Section 1.1 Compact Goal Dollars (US$25,346,200) (‘‘Compact to MCC a proposal based on the Section 1.2 Program Objectives Implementation Funding’’) available to integrated Government development Section 1.3 Project Objectives the Government under Section 609(g) of strategy to reduce poverty and increase Article 2. Funding and Resources the Millennium Challenge Act of 2003 Section 2.1 MCC Funding household incomes by increasing the Section 2.2 Compact Implementation for activities which may include: productive capacity of the population in (i) Fiscal and procurement Funding selected provinces in northern Section 2.3 Disbursement administration activities; Mozambique (Cabo Delgado, Nampula, (ii) Administrative activities Section 2.4 Interest Niassa and Zambe´zia); and Section 2.5 Government Resources; Budget including start-up costs such as staff Section 2.6 Limitations of the Use of MCC Recognizing that MCC wishes to help salaries and administrative support Funding Mozambique implement a program to expenses such as rent, computers and Section 2.7 Taxes achieve the goal and objectives other information technology or capital Article 3. Implementation described herein (the ‘‘Program’’); equipment; Section 3.1 Program Implementation The Parties hereby agree as follows: (iii) Baseline surveys for monitoring Agreement Section 3.2 Government Responsibilities Article 1. Goal and Objectives and evaluation; (iv) Additional work for feasibility Section 3.3 Policy Performance Section 1.1 Compact Goal Section 3.4 Government Assurances studies and development of technical Section 3.5 Implementation Letters The goal of this Compact is to reduce scopes; and Section 3.6 Procurement poverty in Mozambique through (v) Other Compact implementation Section 3.7 Records; Accounting; Covered economic growth. activities approved by MCC. Providers; Access (b) Notwithstanding anything to the Section 3.8 Audits; Reviews Section 1.2 Program Objectives contrary in this Compact, this Section Article 4. Communications The objective of the Program (as 2.2 will provisionally apply, after MCC Section 4.1 Communications further described in Annex I) (the Section 4.2 Representatives and the Government sign this Compact, Section 4.3 Signatures ‘‘Program Objective’’) is to increase the without regard to whether this Compact Article 5. Termination; Suspension; Refunds productive capacity of the population in has entered into force under Section 7.3. Section 5.1 Termination; Suspension selected provinces in northern (c) Compact Implementation Funding Section 5.2 Refunds; Violation Mozambique. is subject to (i) the limitations on the

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use or treatment of MCC Funding set Section 2.6 Limitations on the Use of foregoing includes, inter alia, value forth in Sections 2.6 and 2.7 as if such MCC Funding added and other transfers, property and provisions were in full force and effect, The Government will ensure that ad valorem items and import and export and (ii) any other requirements and MCC Funding will not be used for any of goods (including for goods imported limitations as may be required by MCC purpose that would violate United and re-exported for personal use). in writing in accordance with this States law or policy, as specified in this (b) Before any Disbursement, the Compact, the Program and relevant Compact or as further notified to the Government and MCC must have legislation. Government in writing or by posting on entered into one or more agreements setting forth the mechanisms for Section 2.3 Disbursement the MCC Web site at www.mcc.gov/ implementation, including but not implementing this Section 2.7, In accordance with this Compact and limited to the following purposes: including (i) Waivers of certain filing the Program Implementation Agreement (a) For assistance to, or training of, the and compliance requirements relating to (as defined in Section 3.1), MCC will military, police, militia, national guard Taxes and (ii) an agreement on disburse MCC Funding for expenditures or other quasi-military organization or exceptions to paragraph (a) above for (1) incurred in furtherance of the Program unit; Taxes on and contributions for certain (each instance, a ‘‘Disbursement’’). The (b) For any activity that is likely to individuals who are nationals or residents of Mozambique; (2) Taxes proceeds of such Disbursements will be cause a substantial loss of United States other than transfer Taxes and import made available to the Government, at jobs or a substantial displacement of and export Taxes on certain entities that MCC’s sole election, (a) by deposit to a United States production; are constituted under the laws of bank account established by the (c) To undertake, fund or otherwise Mozambique; and (3) fees or charges for Government and acceptable to MCC (a support any activity that is likely to services that are generally applicable in ‘‘Permitted Account’’) or (b) through cause a significant environmental, Mozambique, reasonable in amount and direct payment to a provider of goods, health, or safety hazard, where the imposed on a non-discriminatory basis. works or services under this Compact. phrase ‘‘likely to cause a significant MCC Funding may be expended only to environmental, health, or safety hazard’’ Article 3. Implementation cover Program expenditures as provided has the meaning set forth in environmental guidelines delivered by Section 3.1 Program Implementation in this Compact and the Program Agreement Implementation Agreement. MCC to the Government or posted by MCC on its Web site at http:// The Government will implement the Section 2.4 Interest www.mcc.gov/implementation or Program in accordance with this otherwise publicly made available, as Compact and as further specified in an The Government will pay to MCC any the guidelines may be amended from agreement to be entered into by MCC interest or other earnings that accrue on time to time (the ‘‘MCC Environmental and the Government dealing with, MCC Funding in accordance with the Guidelines’’); or among other matters, implementation Program Implementation Agreement (d) To pay for the performance of arrangements, fiscal accountability, (including by directing such payments abortions as a method of family disbursement and use of MCC Funding to the bank account outside planning or to motivate or coerce any and procurement (the ‘‘Program Mozambique that MCC may from time person to practice abortions, to pay for Implementation Agreement’’ or ‘‘PIA’’). to time indicate). the performance of involuntary Section 3.2 Government sterilizations as a method of family Section 2.5 Government Resources; Responsibilities Budget planning or to coerce or provide any financial incentive to any person to (a) The Government has principal (a) The Government will provide all undergo sterilizations or to pay for any responsibility to oversee and manage funds and other resources, and will take biomedical research which relates, in the implementation of the Program. all actions, that are necessary to carry whole or in part, to methods of, or the (b) With the prior written consent of out the Government’s responsibilities performance of, abortions or involuntary MCC, the Government may designate an and obligations under this Compact. sterilization as a means of family entity to implement some or all of the (b) The Government will use its best planning. Government’s obligations or to exercise any rights of the Government under this efforts during each year it receives MCC Section 2.7 Taxes Funding to ensure that all MCC Funding Compact or the PIA. Such a designation it receives or is projected to receive in (a) Unless the Parties otherwise will not relieve the Government of any such year is fully accounted for in the specifically agree in writing, the designated obligations and rights, for annual budget of Mozambique on a Government will ensure that each of the which the Government will retain full multi-year basis. following is free from the payment of responsibility. any taxes, duties, levies, contributions (c) The Government will ensure that (c) The Government will not reduce or other comparable charges (‘‘Taxes’’) no law or regulation in Mozambique the normal and expected resources that of or in Mozambique: (i) The Program; now or hereinafter in effect makes or it would otherwise receive or budget (ii) MCC Funding; (iii) interest or will make unlawful or otherwise from sources other than MCC for the earnings on MCC Funding; (iv) any prevent or hinder the performance of activities contemplated under this Project or activity implemented under any obligation under this Compact, the Compact and the Program. the Program; (v) goods, works, services PIA or any other agreement related (d) Unless the Government discloses and other assets and activities under the thereto or any transaction contemplated otherwise to MCC in writing, MCC Program or any Project; (vi) persons and thereunder. Funding will be in addition to the entities that provide such goods, works, (d) The Government will ensure that resources that the Government would services and assets or perform such any assets or services funded in whole otherwise receive or budget for the activities; and (vii) income, profits and or in part (directly or indirectly) by activities contemplated under this payments with respect thereto. The MCC Funding will be used solely in Compact and the Program. Parties acknowledge and agree that the furtherance of this Compact and the

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Program unless otherwise agreed by administer contracts and to procure agreement with MCC) US$300,000 or MCC in writing. goods, works and services; more of MCC Funding in any (b) Solicitations for goods, works, and Government fiscal year or any other Section 3.3 Policy Performance services must be based upon a clear and non-United States person or entity that In addition to the specific policy and accurate description of the goods, works receives, directly or indirectly, legal reform commitments identified in and services to be acquired; US$300,000 or more of MCC Funding Annex I, the Government will seek to (c) Contracts must be awarded only to from any Provider in such fiscal year, or maintain and to improve its level of qualified contractors that have the (ii) any United States Provider that performance under the policy criteria capability and willingness to perform receives (other than pursuant to a direct identified in Section 607 of the the contracts in accordance with their contract or agreement with MCC) Millennium Challenge Act of 2003 and terms on a cost effective and timely US$500,000 or more of MCC Funding in the selection criteria and methodology basis; and any Government fiscal year or any other used by MCC. (d) No more than a commercially United States person or entity that reasonable price, as determined, for receives, directly or indirectly, Section 3.4 Government Assurances example, by a comparison of price US$500,000 or more of MCC Funding The Government assures MCC that: quotations and market prices, will be from any Provider in such fiscal year. (a) As of the date this Compact is paid to procure goods, works and (d) Access. Upon MCC’s request, the signed by the Government, the services. Government, at all reasonable times, information provided to MCC by or on Section 3.7 Records; Accounting; will permit, or cause to be permitted, behalf of the Government in the course Covered Providers; Access authorized representatives of MCC, an authorized United States government of reaching agreement with MCC on this (a) Government Books and Records. Compact is true, correct and complete in inspector general, the United States The Government will maintain, and will Government Accountability Office, any all material respects; use its best efforts to ensure that all (b) This Compact does not, and will auditor responsible for an audit Covered Providers (as defined in contemplated herein or otherwise not, conflict with any other subsection (c) below) maintain international agreement or obligation of conducted in furtherance of this accounting books, records, documents Compact, and any agents or the Government or any of the laws of and other evidence relating to this representatives engaged by MCC or the Mozambique; and Compact adequate to show to MCC’s Government to conduct any assessment, (c) The Government will not invoke satisfaction the use of all MCC Funding review or evaluation of the Program, the any of the provisions of its internal law (‘‘Compact Records’’). In addition, the opportunity to audit, review, evaluate or to justify or excuse a failure to perform Government will furnish or cause to be inspect facilities and activities funded its duties or responsibilities under this furnished to MCC upon its request all in whole or in part by MCC Funding. Compact. such Compact Records. Section 3.8 Audits; Reviews Section 3.5 Implementation Letters (b) Accounting. The Government will maintain, and will use its best efforts to (a) Government Audits. Except as the From time to time, MCC may provide ensure that all Covered Providers Parties may otherwise agree in writing, information to the Government through maintain, Compact Records in the Government will, on at least a semi- implementation letters on the accordance with generally accepted annual basis, conduct, or cause to be frequency, form or content of requests accounting principles prevailing in the conducted, financial audits of all for Disbursements or on any other United States, or at the Government’s disbursements of MCC Funding matter relating to MCC Funding, this option and with MCC’s prior written covering the period from signing of this Compact or implementation of the approval, other accounting principles, Compact until the earlier of the Program (each, an ‘‘Implementation such as those (i) prescribed by the following December 31 or June 30 and Letter’’). The Government will apply International Accounting Standards covering each six-month period such information in implementing this Committee (an affiliate of the thereafter ending December 31 and June Compact. International Federation of 30, through the end of the Compact Section 3.6 Procurement Accountants) or (ii) then prevailing in Term, in accordance with the terms of Mozambique. Compact Records must be the Program Implementation The Government will ensure that the maintained for at least five (5) years Agreement. As requested by MCC in procurement of all goods, works and after the end of the Compact Term or for writing, the Government will use, or services by the Government or any such longer period, if any, required to cause to be used, to conduct such audits Provider (as defined in Section 3.7(c)) in resolve any litigation, claims or audit an auditor approved by MCC and named furtherance of this Compact will be findings or any statutory requirements. on the list of local auditors approved by consistent with the procurement (c) Covered Provider. Unless the the Inspector General of the Millennium guidelines (the ‘‘MCC Program Parties agree otherwise in writing, a Challenge Corporation (the ‘‘Inspector Procurement Guidelines’’) of which ‘‘Provider’’ is (i) any entity of the General’’) or a United States-based MCC will inform the Government in Government that receives or uses MCC certified public accounting firm selected writing or by posting on the MCC Web Funding or any other Program asset in in accordance with the ‘‘Guidelines for site at http://www.mcc.gov/ carrying out activities in furtherance of Financial Audits Contracted by MCA’’ implementation, or otherwise make this Compact or (ii) any third party that (the ‘‘Audit Guidelines’’) issued and publicly available, as the guidelines receives at least US$50,000 in the revised from time to time by the may be amended from time to time, aggregate of MCC Funding (other than as Inspector General and posted on the which MCC Program Procurement salary or compensation as an employee MCC Web site at www.mcc.gov/ Guidelines will include, but will not be of an entity of the Government) during implementation. Audits will be limited to, the following requirements: the Compact Term. A ‘‘Covered performed in accordance with the Audit (a) Open, fair, and competitive Provider’’ is (i) a non-United States Guidelines and be subject to quality procedures must be used in a Provider that receives (other than assurance oversight by the Inspector transparent manner to solicit, award and pursuant to a direct contract or General. An audit must be completed

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and the audit report delivered to MCC [email protected] (Vice President (ii) An event has occurred that MCC no later than ninety (90) days after the for Operations), determines makes it improbable that the first period to be audited and no later [email protected] (Vice Program Objective or any of the Project than ninety (90) days after each June 30 President and General Counsel). Objectives will be achieved during the and December 31 thereafter, or such To the Government: The Government Compact Term or that the Government other period as the Parties may of the Republic of Mozambique, will be able to perform its obligations otherwise agree in writing. Attention: The Honorable Minister, under this Compact; (b) Audits of United States Entities. Ministry of Planning and Development, (iii) A use of MCC Funding or The Government will ensure that Av. Ahmed Sekou Toure´ N. 21, Maputo, continued implementation of this agreements between the Government or Mozambique, Facsimile: +258–21–495– Compact would violate applicable law any Provider, on the one hand, and a 463, Telephone: +258–21–492–268, E- or United States government policy, United States nonprofit organization, on mail: [email protected]. whether now or hereafter in effect; (iv) The Government or any other the other hand, that are financed with Section 4.2 Representatives MCC Funding state that the United person or entity receiving MCC Funding States organization is subject to the For all purposes of this Compact, the or using assets acquired in whole or in applicable audit requirements contained Government will be represented by the part with MCC Funding is engaged in in the United States Office of individual holding the position of, or activities that are contrary to the Management and Budget Circular A– acting as, the Minister of the Ministry of national security interests of the United 133. The Government will ensure that Planning and Development of the States; agreements between the Government or Republic of Mozambique, and MCC will (v) An act has been committed or an any Provider, on the one hand, and a be represented by the individual omission or an event has occurred that United States for-profit Covered holding the position of, or acting as, would render Mozambique ineligible to Provider, on the other hand, that are Vice President for Operations (each, a receive United States economic financed with MCC Funding state that ‘‘Principal Representative’’), each of assistance under Part I of the Foreign the United States organization is subject whom, by written notice to the other Assistance Act of 1961, as amended (22 Party, may designate one or more to audit by the cognizant United States U.S.C. 2151 et seq.), by reason of the additional representatives for all Government agency, unless the application of any provision of the purposes other than signing Government and MCC agree otherwise Foreign Assistance Act of 1961 or any amendments to this Compact. A Party in writing. other provision of law; may change its Principal Representative (vi) The Government has engaged in (c) Corrective Actions. The to a new representative that holds a a pattern of actions inconsistent with Government will use its best efforts to position of equal or higher rank upon the criteria used to determine the ensure that Covered Providers take, written notice to the other Party. eligibility of Mozambique for assistance where necessary, appropriate and timely under the Millennium Challenge Act of corrective actions in response to audits, Section 4.3 Signatures 2003; and consider whether a Covered Provider’s With respect to all documents other (vii) The Government or another audit necessitates adjustment of the than this Compact or an amendment to person or entity receiving MCC Funding Government’s records, and require each this Compact, a signature delivered by or using assets acquired in whole or in such Covered Provider to permit facsimile or electronic mail will be part with MCC Funding is found to have independent auditors to have access to binding on the Party delivering such been convicted of a narcotics offense or its records and financial statements as signature to the same extent as an to have been engaged in drug trafficking. necessary. original signature would be. (c) All Disbursements will cease upon (d) Audit by MCC. MCC will have the expiration, suspension, or termination right to arrange for audits of the Article 5. Termination; Suspension; Refunds of this Compact; provided, however, Government’s use of MCC Funding. MCC Funding may be used, in (e) Cost of Audits, Reviews or Section 5.1 Termination; Suspension compliance with this Compact and the Evaluations. MCC Funding may be used (a) Either Party may terminate this PIA, to pay for (i) reasonable to fund the costs of any audits, reviews expenditures for goods, works or or evaluations required under this Compact in its entirety by giving the other Party thirty (30) days’ written services that are properly incurred Compact, including as reflected on under or in furtherance of this Compact Annex II. notice. (b) MCC may, immediately upon before expiration, suspension or Article 4. Communications written notice to the Government, termination of this Compact; and (ii) suspend or terminate this Compact or reasonable expenditures (including Section 4.1 Communications MCC Funding, in whole or in part, and administrative expenses) properly Any document or communication any obligation related thereto, if MCC incurred in connection with the required or submitted by either Party to determines that any circumstance winding up of the Program within 120 the other under this Compact must be in identified by MCC as a basis for days after the expiration, suspension or writing and, except as otherwise agreed suspension or termination (whether in termination of this Compact. with MCC, in English. For this purpose, writing to the Government or by posting (d) Subject to subsection (c) of this the address of each Party is set forth on the MCC Web site at http:// Section 5.1, upon the expiration, below. www.mcc.gov/implementation) has suspension or termination of this To MCC: Millennium Challenge occurred, which circumstances include Compact, (i) any amounts of MCC Corporation, Attention: Vice President but are not limited to the following: Funding not disbursed by MCC to the for Operations (with a copy to the Vice (i) The Government fails to comply Government will be automatically President and General Counsel), 875 with its obligations under this Compact, released from any obligation in Fifteenth Street, NW., Washington, DC the PIA or any other agreement or connection with this Compact and (ii) 20005, United States of America, arrangement entered into by the any amounts of MCC Funding disbursed Facsimile: (202) 521–3700, Telephone: Government in connection with this by MCC but not expended before the (202) 521–3600, E-mail: Compact or the Program; expiration, suspension or termination of

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this Compact, plus accrued interest Section 6.3 Amendments (ii) A legal opinion from the Attorney- thereon will be returned to MCC within The Parties may amend this Compact General of Mozambique (or other legal thirty (30) days after the Government only by a written agreement signed by opinion acceptable to MCC), in form receives MCC’s request for such return; the Principal Representatives and and substance satisfactory to MCC; and provided, however, that if this Compact subject to the respective domestic (iii) Complete, certified copies of all is suspended or terminated in part, MCC approval requirements to which this decrees, legislation, regulations or other may request a refund for only the Compact was subject. governmental documents relating to its amount of MCC Funding allocated to domestic requirements for this Compact the suspended or terminated portion. Section 6.4 Governing Law to enter into force and the satisfaction (e) MCC may reinstate any suspended This Compact is an international of Section 7.1, which MCC may post on or terminated MCC Funding under this agreement and as such will be governed its Web site or otherwise make publicly Compact if MCC determines that the by the principles of international law. available; and Government or other relevant person or Section 6.5 Additional Instruments (c) MCC must determine that after entity has committed to correct each signature of this Compact, the condition for which MCC Funding was Any reference to activities, obligations Government has not engaged in any suspended or terminated. or rights undertaken or existing under or action or omission that is inconsistent in furtherance of this Compact or Section 5.2 Refunds; Violation with the eligibility criteria for MCC similar language will include activities, Funding. (a) If any MCC Funding, any interest obligations and rights undertaken by, or earnings thereon, or any asset existing under or in furtherance of any Section 7.3 Date of Entry into Force agreement, document or instrument acquired in whole or in part with MCC This Compact will enter into force on related to this Compact and the Funding is used for any purpose in the later of (a) the date of the last letter Program. violation of the terms of this Compact, in an exchange of letters between the then MCC may require the Government Section 6.6 References to MCC Web Principal Representatives confirming to repay to MCC in United States Dollars site that each Party has completed its the value of the misused MCC Funding, Any reference in this Compact, the domestic requirements for entry into interest, earnings, or asset, plus interest force of this Compact and (b) the date within thirty (30) days after the PIA or any other agreement entered into in connection with this Compact, to a that all conditions set forth in Section Government’s receipt of MCC’s request 7.2 have been satisfied. for repayment. The Government must document or information available on, use national funds (and no assets of the or notified by posting on the MCC Web Section 7.4 Compact Term Program) to make such payment. site will be deemed a reference to such document or information as updated or This Compact will remain in force for (b) Notwithstanding any other substituted on the MCC Web site from five years after its entry into force, provision in this Compact or any other time to time. unless terminated earlier under Section agreement to the contrary, MCC’s right 5.1 (the ‘‘Compact Term’’). under this Section 5.2 for a refund will Article 7. Entry Into Force Article 8. Additional Government continue during the Compact Term and Section 7.1 Domestic Requirements for a period of (i) five years thereafter or Covenants (ii) one year after MCC receives actual The Government will take all steps Section 8.1 Designated Entity knowledge of such violation, whichever necessary to ensure that (a) this is later. Compact and the PIA and all of the The Government affirms that: provisions of this Compact and the PIA (a) If and to the extent the Section 5.3 Survival are valid and binding and are in full Government elects to designate an entity force and effect in Mozambique and (b) The Government’s responsibilities to implement some or all of the each such agreement along with any under Sections 2.4, 2.6, 2.7, 3.7, 3.8, Government’s obligations or to exercise other agreement entered into in 5.1(c), 5.1(d), 5.2 and 5.3 of this any rights of the Government under this connection with this Compact to which Compact will survive the expiration, Compact or the PIA (any such entity the the Government and MCC are parties, if suspension or termination of this ‘‘Accountable Entity’’), the Government stipulated in such agreement, will be Compact. will create such entity in accordance given the status of an international with the terms described in Annex I. Article 6. Compact Annexes; agreement. Amendments; Governing Law (b) The Accountable Entity will have Section 7.2 Conditions Precedent the authority to bind the Government to Section 6.1 Annexes Before this Compact enters into force: the full extent of the powers delegated thereto. Each annex attached hereto (a) The Government and MCC must constitutes an integral part of this have executed the PIA and it must be (c) The Accountable Entity will be a Compact. effective; public institution under Mozambican (b) The Government will have law with distinct legal personality and Section 6.2 Inconsistencies delivered to MCC: administrative and patrimonial (i) A certificate signed and dated by autonomy within the meaning of Law n° In the event of any conflict or the Principal Representative of the 9/2002 of 12 February (the SISTAFE inconsistency between: Government, or such other duly Law) and the regulations made (a) Any annex to this Compact and authorized representative of the thereunder. The Accountable Entity will any of Articles 1 through 8, such Government acceptable to MCC, that the have the power fully to control its Articles 1 through 8 will prevail; or Government has completed all of its financial management as required by the (b) This Compact and any other domestic requirements in order that the PIA and any related agreement agreement between the Parties regarding requirements of Section 7.1 have been notwithstanding anything to the the Program, this Compact will prevail. satisfied; contrary in the SISTAFE Law.

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Section 8.2 Administrative Court provided, however, any such economic opportunities for The Government affirms that under modification or amendment of a Project Mozambicans living in the northern the law of Mozambique: or creation of a new project does not (1) region. (a) This Compact is a ‘‘cooperation cause the amount of MCC Funding to (b) Program Objective. agreement’’ within the meaning of exceed the aggregate amount specified The Program Objective is to increase Article 4, paragraph 1, clause c of Law in Section 2.1(a) of this Compact, or (2) the productive capacity of the n° 13/1997 of 10 July (the cause the Government’s responsibilities population in selected provinces in ‘‘Administrative Court Prior Review or contribution of resources to be less northern Mozambique with the Law’’). than specified in this Compact, or (3) intended impact of reducing the poverty (b) MCC Funding does not ‘‘generate extend the Compact Term. rate, increasing household income, and public expenditure’’ within the meaning reducing chronic malnutrition in the 1. Program Background and Context— targeted districts. of Article 3 of the Administrative Court Country Background and the Poverty Prior Review Law. (c) Program Results (Expected Reduction Strategy Impact). Section 8.3 Certain Financial Practices With a population of 20 million The Program will increase regional (a) The Government affirms that MCC people living in Mozambique, Gross Domestic Product (GDP) across Funding does not comprise Government approximately 70 percent are located in four targeted northern Mozambique funds and will be held separately from rural areas. The urban population provinces—Cabo Delgado, Nampula, and never commingled with represents about 30 percent of the Niassa and Zambe´zia—by nearly Government funds. national total. Emerging from a US$75,000,000 in 2015 and (b) The Government will make devastating three-decade civil war in US$180,000,000 in 2025. A projected 33 explicit provision in the law containing 1992, Mozambique has grown rapidly. percent of the population of these the annual governmental budget for Since 2000, its growth rate has provinces would have been poor in Mozambique for an amount necessary stabilized between 7 and 8 percent. As 2015 without the Program. The Program and adequate to cover the value-added the Country Partnership Strategy (2007) can be expected to reduce the projected tax, customs duties and other tax notes, Mozambique has achieved the poverty rate by over 7 percent by 2015 obligations it assumes under this highest average growth rate in the past and by over 16 percent by 2025. More Compact, the PIA and any related 10 years among the non-oil producing than 270,000 persons will have been agreement. countries in Africa. Despite lifted out of poverty by 2015 and Mozambique’s rapid growth, half of the 440,000 persons will no longer be poor Section 8.4 Procurement Mozambican population still lives in by 2025 as a result of Program The Minister of Finance of the poverty. Mozambique’s next stage of implementation. Government will adopt the MCC economic recovery cannot succeed (d) Beneficiaries Description. Program Procurement Guidelines as the without well-functioning public The Program is expected to benefit rules governing procurement using MCC services in its cities, given nearly 5.0 million persons by 2015 both Funding under the terms of Article 8, Mozambique’s rapid urbanization. poor and non-poor, amounting to one paragraph 2 of Decree n° 54/2005 of 13 The Government’s action plans for half of the projected population in the December and will ensure that such poverty reduction in the past decade, affected four provinces. guidelines are published in the official the Action Plan for the Reduction of Over half of all the beneficiaries gazette of Mozambique, the Boletim da Absolute Poverty (‘‘PARPA’’), PARPA I reside in Nampula, while the rest reside Repu´ blica. (2001–2005) and PARPA II (2005–2009) in the other provinces. Activities are based on the premise that broad- specifically targeted to rural areas In Witness Whereof, the undersigned, duly based economic growth is critical to account for around one third of Program authorized by their respective governments, beneficiaries, while those focused have signed this Compact this 13th day of poverty reduction. In PARPA I, lack of July, 2007. basic infrastructure services was specifically on urban areas account for Done at Washington, DC. identified as one of the major another one third. The roads activities For Millennium Challenge Corporation, on determinants of poverty in benefit both rural and urban dwellers behalf of the United States of America, Mozambique, and it focused on and account for the remaining Name: John J. Danilovich, Title: Chief infrastructure investments to meet the beneficiaries. Approximately 20 percent Executive Officer. Government’s ambitious growth of the households benefiting from the For the Government of the Republic of objectives detailed in PARPA I. Building Program are headed by women. The Mozambique, Name: Aiuba Cuereneia, Title: on the lessons learned from PARPA I, Land Project (as defined below) alone Minister of Planning and Development. the Government outlines investment in assists 2.6 million persons, but many of Annex I—Program Description human capital, including water and these are also likely to benefit from road sanitation services, as one of the three reconstruction, farmer income support, A. Overview pillars to meet its sustained growth and improved water and sanitation. This Annex I to this Compact agenda in PARPA II. As PARPA II notes, Thus, to avoid double-counting, the describes the Program that MCC investing in water and sanitation beneficiaries of the Land Project are not Funding will support in Mozambique services contributes to meeting not only added to the 5.0 million person total. during the Compact Term and the the short-term objectives of the 3. Consultative Process results to be achieved using MCC Millennium Development Goals, but Funding. also Mozambique’s long-term growth Consultation has been an integral part The Parties may agree to modify, and poverty reduction intentions. of the development of the Program. For amend, terminate or suspend the the initial proposal submitted by the projects described herein (collectively, 2. Program Description Government in July 2005, the the ‘‘Projects’’) or to create a new project (a) Compact Goal. Government conducted its MCC by written agreement signed by the This Compact’s goal is to reduce consultative process through two Principal Representative of each Party poverty in Mozambique through organizations, the Poverty Observatory, without amending this Compact; economic growth, and increase a group of civil society organizations

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and non-governmental organizations policy priority of the Government. designed based on results of complete (NGOs), and the Confederac¸a˜ o das Mozambique has one of the lowest feasibility studies. Associac¸o˜ es Econo´ micas de levels of per-capita water consumption As a means of complementing the Moc¸ambique, a private sector trade in the world. With an average of less enhanced water supply, the WSS Project association (the ‘‘CTA’’). The Poverty than 10 liters per day, the country is far will improve sanitation systems by Observatory and CTA together represent below global benchmarks. In addition, investigating feasible opportunities to the preponderance of NGOs, not-for- girls and women spend hours fetching expand wastewater treatment, improve profit, and domestic for-profit water which leaves little time for child the piped sewage network, and increase businesses in Mozambique. care, income-generating activities, or the usage of septic systems in the urban During the pre-Compact program school attendance. centers and latrines in the peri-urban preparation and definition process, Meeting the Millennium Development areas. In addition, storm drains will be ongoing consultation continued through Goals is a major challenge for rehabilitated or added to improve various forms including: Input from a Mozambique as coverage levels for drainage efficiency which protects wide variety of stakeholders in the water and sanitation services would urban land usage. development of terms of reference for have to almost double for all categories The rural water supply component is key consultants; information by 2015. The Government estimates that developed from the Government’s dissemination and exchange during it would need to at least double its policy of demand-responsive planning, kickoff sessions for the public of the key sector investments in the next ten years which is predicated on (a) community consultancies; and circulation of the in order to meet the Millennium articulation of demand and (b) local interim and final reports of these key Development Goals for water and responsibility for operations and consultants. The Government also held sanitation. Cholera is endemic in major maintenance. Taking into consideration informational sessions throughout this urban areas mainly due to inadequate the lack of local capacity and concerns Compact development process with sanitation and sewerage services, over the availability of spare parts and interested stakeholder groups, including compounded by poor water supply specialized expertise to carry out national, provincial and municipal services. This prevalence of cholera and complex repairs in rural areas, the government representatives, private other health impacts caused by poor implementation plan will include sector meetings, donor working groups sanitation also jeopardizes meeting the procurements of well-construction and other interested parties. The Millennium Development Goal of services in small lots in order to Program will undergo further timely, reducing infant and child mortality. promote the development of local participatory, and meaningful public construction and repair businesses. consultation during the development of 2. Summary of Project and Related The WSS Project includes the the environmental, social, and Activities following activities: resettlement impact studies during The WSS Project will improve access (a) Improve water supply networks of implementation of the Program. to safe, reliable water supply and Nampula, Pemba, and Quelimane, B. Water Supply and Sanitation Project sanitation services. This project will currently operated by FIPAG. thereby increase productivity, reduce (b) Build the capacity of local The Water Supply and Sanitation institutions to develop policies and Project (the ‘‘WSS Project’’) water-borne diseases—one of the causes of death in children under five—and manage programs. interventions include rural and urban (c) Construct or rehabilitate water specifically benefit women and girls. water supply, sanitation and drainage, supply systems in Montepuez and rehabilitation of the Nacala dam and The WSS Project encompasses (a) Monapo. reservoir, and capacity building and water supply and sanitation services in (d) Construct or rehabilitate water institutional strengthening for water three large cities and three mid-sized supply and sanitation systems in sector entities. The objective of the WSS towns in the provinces of Zambe´zia, Nacala, Gurue, and Mocuba under the Project is to increase the accessibility, Nampula and Cabo Delgado and (b) a management of AMU. reliability, and quality of water and water supply program in Nampula and (e) Repair and raise the Nacala Dam sanitation services. The WSS Project Cabo Delgado provinces covering rural and reservoir, the main bulk water encompasses water supply and areas and small towns. The water source for a city of 290,000 people. sanitation (including sewerage and supply interventions will be divided (f) Install and rehabilitate drainage) in cities and towns and an into interventions in cities where water approximately 600 rural water supply extensive rural water supply program in supply services are owned and managed points in Nampula and Cabo Delgado three provinces. WSS Project activities by the Fundo de Investimento e provinces. address small rural communities and Patrimo´ nio do Abasticemento de Agua 3. Beneficiaries large provincial capitals—but will (FIPAG) and cities where they will be notably include a heretofore neglected managed by a new Ministry of Public The WSS Project is expected to assist market segment in Mozambique—small Works and Housing agency, the Asset some 1.9 million beneficiaries by 2015 to mid-sized town water supply and Management Unit (AMU). The AMU through improved water systems, sanitation. The WSS Project will reduce will be created by the Government wastewater disposal and storm water the onerous costs associated with the consistent with its policies and with the drainage. Among the beneficiaries existing provision of water supply; support of the World Bank and MCC as impacted by the WSS Project by 2015, increase the reliability of water service; its key development partners by the end around one third is expected to be poor. and improve the health and of March 2009. The AMU will also Nearly 1.6 beneficiaries in six large productivity of individuals, households, manage the implementation of the cities—Gurue, Mocuba, Nacala, and firms. sanitation program. Nampula, Pemba and Quelimane—will The water supply interventions will have improved infrastructure from both 1. Background focus on the sustainable utilization of water supply and sanitation Lack of access to water and sanitation available water resources, maximizing interventions. Virtually the entire is a major barrier to growth and health, connections to the network, control of population of each city will be covered and this critical infrastructure is a major ‘‘unaccounted for water,’’ and will be by effective storm water drainage

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improvements. New beneficiaries will assist in the engagement of third- impacts associated with several Project covered by water systems will vary party operators for these smaller cities activities, including the rehabilitation of depending upon existing coverage, but, and towns through contracts with the a large dam and the construction of in general, water system gains are Provincial Water Boards established to municipal sanitation systems and off- considerable with coverage rates relative contract services on behalf of their site wastewater treatment facilities. to projected populations in 2015 constituent municipalities. The AMU However, a number of the individual reaching from 40 to 70 percent. addresses the institutional capacity gap Project activities will be classified Economic benefits accrue through for smaller cities and market towns, and ‘‘Category B’’ and, as such, may not improved water and sanitation for a will be established in Zambe´zia, require full Environmental Impact number of reasons. Households with Nampula, and Cabo Delgado where the Assessments (‘‘EIAs’’) as defined in the access to house and yard connections WSS Project is focused. MCC Environmental Guidelines. All will pay less for the water they consume Project activities will require Financial Sustainability and, because of easier access, are likely Environmental Management Plans to use more water for cooking and Design and planning of water supply (‘‘EMPs’’) and, as applicable, Project bathing, thereby improving health and sanitation services for the WSS activity-specific Resettlement Action outcomes. In particular, with better Project will be based on the demand- Plans (‘‘RAPs’’) will be developed and access to water and sanitation, children responsive (rather than a supply-led) implemented in compliance with the will benefit from reductions in approach and will be based on World Bank Policy on Involuntary morbidity and mortality from diarrhea consumer preferences and willingness Resettlement (OP 4.12) prior to the start and malaria. Adults will spend less of to pay. In the FIPAG cities, tariffs will of construction activities. their time incapacitated or caring for be set to ensure full cost recovery. In the sick children. Further, women will have AMU municipalities and the rural areas, Environmental and Social Impacts more time to spend in productive tariffs will be set to recover, at a The rehabilitation of the Nacala Dam activities when their sources of water minimum, 100 percent of operations (considered a ‘‘large’’ dam according to are closer to home, either through house and maintenance (including the MCC Environmental Guidelines) has the connections or neighborhood water replacement of all assets with a useful potential for resettlement, alteration of points. economic life of less than seven years) river flows and aquatic habitat, and the Improved water supplies also will be after a period of tariff adjustments, but significant but temporary reduction of provided to 300,000 beneficiaries no later than 2015. the region’s primary source of potable through small piped systems and rural water during re-construction and will water-points. These improvements will Environmental and Social Sustainability thus require a full EIA. Although the reduce the incidence of disabling The key to ensuring environmental construction or rehabilitation of diarrhea and save time for women that and social sustainability of the WSS sanitation systems will provide can be spent on more productive Project is ongoing public consultation. significant positive environmental activities. Other benefits that are not MCA-Mozambique (described below) benefits, the scope of potential negative easily measured include improved will ensure that comprehensive public environmental and social impacts that opportunities for girls to go to school, consultation plans are developed such may arise from constructing off-site rather than assisting their mothers in that WSS Project stakeholders, wastewater treatment facilities and household tasks, and reductions in including women and vulnerable potential pollution problems related to other diseases such as cholera. groups, are afforded consultation and an discharges and operation of the systems opportunity to provide their inputs to necessitate preparation of an EIA. 4. Sustainability WSS Project design and Investments in expanding and The WSS Project will be sustainable implementation. MCA-Mozambique will improving water supply networks have if it is economically justified, financially also take steps to ensure that the the potential for (a) limited resettlement, sound, and technologically appropriate interests and views of women and (b) rehabilitation of several small dams, and includes the appropriate vulnerable groups are represented in (c) over-extraction of surface and/or institutional arrangements. any of the provincial or community groundwater resources, and (d) project proximity to important cultural, natural, Institutional Sustainability water boards or other entities responsible for advising on design, and archeological resources. The rural For urban water, the WSS Project will ownership, management, and operation water supply points activity may have help promote the sector’s evolution and of water and sanitation systems funded potentially adverse impacts resulting solidify its institutions. The WSS under this Compact. from limited resettlement and over- Project will work in collaboration with MCA-Mozambique will ensure that extraction of ground water resources. the Water Services and Institutional environmental and social mitigation Potential direct, indirect, induced, Support Project (WASIS) funded by the measures are followed for all Project and cumulative environmental impacts World Bank to mitigate as many serious activities in accordance with the of each of the WSS Project activities will institutional risks as possible. In large provisions set forth in this Compact and be further examined through the EIAs cities presently under the responsibility in relevant supplemental agreements. and environmental assessments that of FIPAG, the WSS Project will facilitate The Stakeholders Forums (as defined in will be conducted during the feasibility graduating from the World Bank’s Section F of this Annex I) will and design phase for each WSS Project successfully piloted management incorporate representatives of civil activity. For the water supply activities, contract structure to leases that entail society that will serve as a link between MCA-Mozambique will ensure that greater risk/reward for private operators. local NGOs and program managers. feasibility studies include efforts to For smaller cities and towns, the MCC identify the most appropriate and program will pilot and roll out an AMU 5. Environmental and Social Issues environmentally sustainable water based on the delegated management Overall, the WSS Project is classified sources to meet future demand. In model. The AMU will be empowered to as ‘‘Category A’’ according to MCC addition, MCA-Mozambique will ensure manage assets and to plan and oversee Environmental Guidelines due to that for all WSS Project activities EMPs the execution of investments. The AMU potential social and environmental are developed, implemented and

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monitored in accordance with the structure for municipal services was the (FIPAG), Conselho de Regulac¸a˜ o de provisions of this Compact and any product of consultation and discussion, A´ gua (National Regulatory Authority) relevant supplemental agreements. including forums to solicit input from (CRA), Ministe´rio da Administrac¸a˜ o MCA-Mozambique will ensure that stakeholders. Estatal (Ministry of State environmental and social assessment Administration (MAE), and others) and 7. Donor Coordination responsibilities are included in the have broad consultation with the major bidding documents for the design or In developing the WSS Project, MCC water sector donors, as set out in the supervisory firms, construction firms, participated in numerous donor WSS Project work plans. independent technical auditing firms meetings to explain and receive (b) Sanitation Strategy. The and any project management advisors, comments on the Government proposal Government agrees to finalize a as needed. Disbursement of MCC as it changed over time. Through Sanitation Strategy, which will be Funding for the WSS Project will be meetings with the Water Donors vetted and agreed to by the major contingent upon issuance of Working Group and the Municipal Government stakeholders (DNA, CRA, environmental licenses, as needed, or Development Working Group, MCC was MAE, and others) and have consultation any other required permits. WSS Project able to gather information on how the with the major water and sanitation activities, for which MCC disburses WSS Project will fit into the planned sector donors, as set out in the WSS funds, should be consistent with the activities of other donors. The Project work plans. outcomes of the relevant EIAs, MCC geographical focus of the WSS Project (c) Creation of the Asset Management Environmental Guidelines, and in complements the other water sector Unit. The Government will create an compliance with applicable interventions financed by other donors. AMU according to the criteria set out in Mozambique environmental law and The institutional development activities the PIA in the form of conditions to regulations. funded by MCC and the World Bank Disbursements of MCC Funding. To maximize the positive social will facilitate future operations by the (d) Expansion of CRA. The impacts of the WSS Project and ensure Government and development partners Government agrees to expand the compliance with MCC’s Gender Policy, in the sector. regulatory authority of CRA to cover MCA-Mozambique is required to (a) Successful execution of the WSS delegated management under the AMU develop a gender integration plan that Project requires close coordination with for both water supply and sanitation, in includes approaches for meaningful and other donors and actors in the water addition to undertaking other legal or inclusive consultations with women sector. The Government and the Water regulatory measures as described in the and vulnerable/underrepresented Donors Working Group are developing a PIA in the form of conditions to groups; Project activity-specific gender Rural Water Supply Sector Wide Disbursements of MCC Funding. analyses, as appropriate; and strategies Approach and are beginning the process (e) Operation and Maintenance Costs for incorporating findings of the gender for an Urban Water Strategy and for Sanitation. The Government agrees analyses into final Project designs; and Sanitation Strategy (as discussed to develop the procedures to incorporate (b) ensure that final Project activity below). The Government through the the operation and maintenance costs for designs are consistent with and WSS Project will work closely with the the sanitation activities into the FIPAG’s incorporate the outcomes of the gender World Bank’s WASIS project, which water supply billing. integration plan. will support institutional development (f) Rural Water Supply Strategy. The of the AMU and the Provincial Water Government will create a public and Environmental Permitting and Oversight Boards. publishable Rural Water Supply Through this Compact MCC has the While United States Agency for Implementation Manual (MIPAR). option of providing a capacity building International Development (USAID) is grant to the Ministry of Coordination on not directly active in the Water Sector C. Roads Project Environment (‘‘MICOA’’) to facilitate Working Group it does participate in the The roads project interventions their ability to respond to the increased Municipal Development Working Group include key segments of the Estrada workload arising from the Government’s and is active in health related issues, Nacional/National Route 1 (‘‘N1’’) in implementation of this Compact. This both of which are strongly linked to Zambe´zia, Nampula and Cabo Delgado assistance would enhance MICOA’s water supply and sanitation. MCC has Provinces (the ‘‘Roads Project’’). ability to, inter alia, adequately review coordinated with the USAID Mission in 1. Background all Compact-related environmental Maputo and with the Global Health studies; issue environmental permits on Bureau in Washington. Although USAID Two-thirds of Mozambique’s a timely basis as provided in will not be directly involved in the population depend on agriculture (and Mozambique environmental law and implementation of the WSS Project, out of these about 90 percent on regulations; and hire, train and close coordination will be maintained to subsistence agriculture) for their appropriately resource additional staff, ensure synergies between existing and livelihood. The cash crop sector is in a as needed, in the provincial offices to future activities and to capitalize on reconstruction stage and is experiencing carry-out effective environmental USAID’s long term in-country presence. development problems, especially the oversight and auditing of the cashew sector. Other planted cash crops implementation of Compact Projects. 8. Policy, Legal and Regulatory Reforms are sugar cane, tea, tobacco, and In order to reach the full benefits of coconut. The importance of roads in 6. Consultative Process the WSS Project: agriculture is highlighted in the World AMU operation is envisioned to have (a) Urban Water Strategy. The Bank’s Mozambique Agriculture strong municipal representation through Government agrees to finalize an Urban Strategy, 2006, which notes that the creation of functioning Provincial Water Strategy, which will be vetted ‘‘Rebuilding roads and bridges is now a Water Boards, and represents the and agreed to by the major Government priority and a necessary condition for Government’s preferred alternative to stakeholders (Direc¸a˜ o Nacional de Agua any growth in the agriculture sector.’’ delegate the management of water (DNA), Fundo de Investimento e Extraction of timber is limited supply and sanitation in towns and Patrimo´ nio do Abastecimento A´ uga- because of lack of infrastructure smaller cities. This representative Water Supply Investment Fund including poor road conditions but has

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a high development potential due to the such rehabilitation and construction, owned and led road program, which richness of high quality timber species. consistent with the World Bank’s should be equipped to plan, finance, Fisheries, particularly shrimp and Operational Policy on Involuntary implement, monitor and evaluate the prawn, are of importance, with a high Resettlement (OP 4.12), and road sector. Third, the Road Fund potential for production increases. implementation of HIV/AIDS awareness established by the Government has been Mozambique has considerable mineral plans; designed to manage the financial resources, such as coal, tantalite, (c) Design and construction of resources intended for the road sector ilmenite, graphite, iron ore, bauxite, drainage structures, as may be required; and to allocate the resources for the salt, and potentially developable (d) Design and construction of all maintenance of various categories of resources such as gold, petroleum, and necessary new bridges and roads. The Road Fund also has gas. All of these sectors depend upon rehabilitation of existing bridge responsibility for road sector monitoring reliable transportation networks and structures, as may be required; and evaluation. roads in particular. (e) Posting of signage and The Administraca˜ o Nacional de incorporating other safety Environmental and Social Sustainability Estradas (ANE) and the Fundo de improvements; and The key to ensuring environmental Estradas, an independent agency that (f) Project management, supervision and social sustainability of the Roads manages road maintenance funding (the and auditing of such improvements and Project is ongoing public consultation. ‘‘Road Fund’’), prepared a Road Sector upgrades. MCA-Mozambique will ensure that Strategy 2007–2011 (‘‘RSS’’) report. That 3. Beneficiaries comprehensive public consultation strategy lays out the Government’s plan plans are developed such that Roads to enhance, improve, and preserve the In total, by 2015, nearly 2.3 million Project stakeholders, including women classified road network of the country. beneficiaries in districts adjoining the and vulnerable groups, are afforded The RSS provides the broad roads will have improved access in the consultation and an opportunity to framework for the Government’s road three provinces affected. Over one third provide their inputs to Roads Project sector development for the entire of those beneficiaries are likely to be design and implementation. MCA- country. The Government and MCC poor. More than 60 percent of the Mozambique will ensure that worked together to identify appropriate beneficiaries are in Nampula; somewhat environmental and social mitigation investments in the provinces of the less than 40 percent are in the other two measures are followed for all Project Roads Project based upon the strategic provinces. The beneficiaries in Cabo activities in accordance with the work of the Government under an MCC Delgado are proportional to population, provisions set forth in this Compact and grant and through other donors’ efforts. while relatively fewer beneficiaries are in relevant supplemental agreements. in Zambe´zia. Benefits will accrue to The Stakeholders Forums will 2. Summary of Project and Related vehicle users on the rehabilitated and incorporate representatives of civil Activities resurfaced roads as vehicle operating society that will serve as a link between The objective of the Roads Project is costs go down, and time spent in travel local NGOs and program managers. to improve access to markets, resources, is reduced with vehicles traveling safely and services; reduce transport costs for at higher speeds. In addition, road 5. Environmental and Social Issues the private sector to facilitate improvements will induce additional The Roads Project is classified as investment and commercial traffic; growth in traffic as better roads make ‘‘Category B’’ according to the MCC expand connectivity across the northern transportation more affordable for Environmental Guidelines given the region and down towards the southern agriculture, industry and commerce. potential for: (a) Increased deforestation half of the country; and increase public These benefits should result in and related flooding; (b) resettlement; transport access for individuals to take reductions in the prices of goods and and (c) increased human trafficking and advantage of job and other economic improvement in farm-gate prices if disease transmission, including HIV/ opportunities. savings in fuel and other vehicle AIDS, along the routes to be upgraded. It is planned that the Roads Project operating costs are passed on to All Roads Project activities will require will rehabilitate 491 kilometers of high- producers and consumers. It is also environmental assessments, EMPs, and, priority roads in three (3) provinces. expected that bus operations will as applicable, Road-specific RAPs that The road segments will include Rio become more efficient, improving access will be developed and implemented in Lurio—Metoro in Cabo Delgado (74 to public transportation. This should compliance with the World Bank Policy kilometers), Namialo—Rio Lurio (148 make it easier for the population to on Involuntary Resettlement (OP 4.12) kilometers) and Nampula—Rio Ligonha secure access to health, education, and prior to the start of construction (102 kilometers) in Nampula, and employment. Over half of the activities. population is of working age and will be Nicoadala—Chimuara (167 kilometers) Environmental and Social Impacts in Zambe´zia. able to take advantage of improved Specifically, MCC Funding for the employment opportunities. It is unlikely that the proposed Roads Roads Project will support the Project activities will result in any 4. Sustainability following: significant negative environmental (a) Design, environmental assessment, Sustainability on the Roads Project is impacts given that the Roads Project as needed (to include, if necessary, dependent on three factors. First, the involves the rehabilitation and paving of supplemental EIAs), and construction establishment of functional provincial existing roads and not the construction activities for the improvement of the N1; ANE offices will be crucial, since road of new roads. However, the potential (b) Implementation of environmental maintenance will largely be direct, indirect, induced, and and social mitigation measures as implemented by such offices. Secondly, cumulative environmental impacts of identified in the EIA, or as otherwise the Programa Integrado do Sector de the Roads Project activities will be may be appropriate, to include Estradas (‘‘PRISE’’) is also critical to further examined through the execution compensation for physical and sustainability, because this sector-wide of environmental assessments that will economic displacement of individuals, approach for the road sector is designed be conducted during the feasibility and residences and businesses affected by to support a coherent Mozambican- design phase of the Roads Project. In

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addition, MCA-Mozambique will ensure all Compact-related environmental International Development Agency, the that EMPs are developed, implemented studies; issue environmental permits on Norwegian Agency for Development and monitored during the project in a timely basis as provided in Cooperation, the Arab Bank for accordance with the provisions of this Mozambique environmental law and Economic Development in Africa, the Compact and any relevant supplemental regulations; and hire, train, and Islamic Development Bank, the Nordic agreements. MCA-Mozambique will appropriately resource additional staff Development Fund, and the ensure that environmental and social in the provincial offices to carry-out Organization of Petroleum Exporting assessment responsibilities are included effective environmental oversight and Countries’ Overseas Fund for in the bidding documents for the design auditing of the implementation of International Development. or supervisory firms, construction firms, Compact projects. USAID is involved with the Roads independent technical auditing firms 6. Consultative Process Sector Working Group and has and any project management advisors, historically provided technical as needed. Disbursement of MCC In addition to the process mentioned assistance and investments in the rural Funding for the Roads Project will be in the WSS Project section for the road network. MCC has coordinated contingent upon issuance of PARPA, the Government, in developing with the USAID Mission in Maputo. environmental licenses, as needed, or the PRISE, consulted a wide range of Although USAID will not be directly any other required permits. Roads stakeholders. The consultative process involved in the implementation of the Project activities, for which MCC was timely, meaningful, and Roads Project, close coordination will disburses funds, should be consistent participatory. It involved three different be maintained to ensure synergies with the outcomes of the relevant methods of obtaining information, between existing and future activities environmental assessments, MCC including: (a) A formal survey among and to capitalize on USAID’s long-term Environmental Guidelines, and in donors and road sector professionals; (b) in-country presence. compliance with applicable consultations with provincial Mozambique environmental law and authorities; and (c) focus groups with 8. Policy, Legal and Regulatory Reforms regulations. road users, government officials, and In order to reach the full benefits of Given the strong evidence linking other stakeholders. The stakeholder the Roads Project: transport routes to the spread of HIV/ consultations included provincial (a) The Government will ensure AIDS, MCA-Mozambique will also consultations with provincial compliance of the roles and develop an action plan for incorporating government leaders, provincial road responsibilities of the Road Fund and sustainable and well-targeted HIV/AIDS authorities, directors of public works, ANE, as set out in the PIA in the form awareness programs into all phases of ANE provincial delegates, provincial of conditions to Disbursement of MCC road works implementation. To help roads consultants, and donors. They Funding. address concerns that the expansion/ also included 18 focus groups which (b) The Government will undertake upgrade of the road network in northern were comprised of contractors, public the necessary policies to ensure that Mozambique does not exacerbate servants, agricultural bodies, tourism they continue to meet all of the PRISE human trafficking problems in the operators, transporters and road users, Performance Assessment Framework region by opening up or improving public transport passengers, and private indicators. routes used by traffickers, MCA- sector non-transporters. (c) The Government will undertake a Mozambique will develop an action 7. Donor Coordination program to ensure periodic maintenance plan for incorporating targeted anti- of the entire paved road system. trafficking in persons awareness In developing the Roads Project, MCC programs into the execution of road held coordination meetings with many D. Land Tenure Services Project stakeholders in the donor community. activities. 1. Background To maximize the positive social MCC participated actively in the impacts of the Roads Project and ensure planning meetings for the PRISE and, Land is an important asset for income compliance with MCC’s Gender Policy, since November 2005, attended the generation and wealth creation. Land MCA-Mozambique is required to (a) Road Sector Donors meetings whenever has been at the center of a long-standing develop a gender integration plan that MCC representatives were in debate about different choices and includes approaches for meaningful and Mozambique. The interventions visions for growth in rural areas, and is inclusive consultations with women financed by other entities do not of increasing importance to urban and other vulnerable/underrepresented conflict with the interventions of the development as well. In 1997 groups; a Project-specific gender Roads Project; they contribute to create Mozambique adopted a new legal analysis, as appropriate; and strategies a more comprehensive road network by framework on land tenure aiming to for incorporating findings of the gender incorporating roads that connect to the address equitable access to land tenure analysis into final Project designs; and northern sections of the N1 that will be security for local communities and (b) ensure that final Project activity improved. private sector including recognition of designs are consistent with and Donors with major commitments and customary rights. This new legal setup incorporate the outcomes of the gender experience in the road sector include: has been recognized by a broad range of integration plan. European Union, World Bank, Japan, actors as a good policy and legal the Swedish International Development framework. However, implementation of Environmental Permitting and Oversight Cooperation Agency, the African this framework has been slow and Through this Compact MCC has the Development Bank, Agence Franc¸aise requires an efficient land administration option of providing a capacity building de De´veloppement, the International system to play the primary role in grant to the MICOA to facilitate their Fund for Agricultural Development, increasing land tenure security and ability to respond to the increased Irish Aid, Italian Cooperation, improving access to land, thereby workload arising from the Government’s Germany’s Kreditanstalt fu¨ r enabling the use of this asset most implementation of this Compact. This Wiederaufbau, USAID, the United effectively for economic growth. assistance would enhance MICOA’s Kingdom’s Department for International On one hand, the lack of simple, fair ability to, inter alia, adequately review Development (DFID), the Danish and clear procedures for acquiring and

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transferring rights to land is a institutional capacity to implement judicial dispute resolution methods constraining factor for private sector policies and provide quality public with partners, including but not limited investment. On the other hand, there land-related services (the ‘‘Capacity to Centro de Arbitragem, Conciliac¸a˜ o e have been concerns about improving Building Activity’’); and (c) facilitating Mediac¸a˜ o, as effective cost and time- and securing local community and access to land use by helping people saving mechanisms to resolve disputes; small farmer land-use rights. As and business with (i) clear information (iv) investment in expanding an on- Mozambique has moved on from post- on land rights and access; (ii) resolution going program for legal and judicial war reconstruction toward a market- of conflict with more predictable and training, training for mediators and based economy, there is an increasing speedy resolution of land and arbitrators, studies and advocacy of the demand for land access and for issuance commercial disputes—which in turn Legal and Judicial Training Center of registered titles to land rights. This is creates better conditions for investment (‘‘CFJJ’’), as well as developing new placing increased pressure on the land and business development; and (iii) curriculum on mediation and arbitration administration services, which are registering their grants of land use (land training for CFJJ’s paralegal students already limited in their ability to titles to long-term or perpetual-use working in the northern provinces on effectively implement the existing rights) (the ‘‘Site Specific Activity’’). commercial and land issues; and (v) legislation. provision of advisory services, (a) Land Policy Monitoring (the Policy The Land Tenure Services Project (the including international best-practice Activity) ‘‘Land Project’’) will work on improving knowledge transfer, to the National policy, upgrading the public land The Land Law adopted in Directorate of Lands and Forests. administration agencies (the title Mozambique in 1997 made significant registry and cadastre), and facilitating improvements to the legal, institutional (b) Land Administration Capacity site-specific land access. These three and technical framework for providing Building (the Capacity Building main pillars will address concerns more secure land use rights and access Activity) widely shared across private sector, the to land for all groups in society. The institutional capacity to Government, and civil society with However, land policy today is also implement and enforce the present land solutions that bring together their under stress due to the implications of law and its regulations and to provide diverse perspectives. The benefits will having only partially implemented this high quality efficient services to clients reach private sector and local framework. These two trends suggest is limited. Limitations include communities in the four selected that Mozambique stands to significantly procedural complexity, insufficiently provinces. The policy work and benefit from a participatory engagement trained personnel and inadequate precedent set by the investments made in monitoring progress; development of information, communications and in northern Mozambique will have a a new, coherent vision that links profession-specific technology access at national impact, thereby contributing to together all levels of responsibility and the national, regional and local offices. an improved investment climate in the capacity for the provision of land Addressing these limitations to establish country and broader participation in the services; and, the pursuit of an agenda an effective land registry system will rural economy. The Land Project will of regulatory and administrative change. yield more transparent, reliable and enable people to increase their incomes Additionally, an aggressive approach to faster processes for accessing land and and wealth as: (a) Risk and transactions non-judicial dispute resolution meet—as well as further motivate—a costs are reduced; and (b) more secure (conciliation, mediation and arbitration) growing demand for formal land rights access to land induces increased as well as legal professional training and registration. This, in turn, will improve investment and more productive land public education about land the investment climate while ensuring uses. administration and land rights is security of tenure for land-holding important to the transformational goals households and local communities. At 2. Summary of Project and Related of the Land Project. Land tenure the same time, while allowing for more Activities disputes are plentiful, yet, there are few affordable service fees, these The objective of the Land Project is to sources of legal support for rural people. improvements will generate the revenue establish more efficient and secure Even private enterprises find it difficult base to sustain high quality services access to land particularly in the four to access high quality legal services over time. At the municipal level, provinces included in the Program. The related to land issues. The Policy effective land administration capacity Land Project will support the unified Activity will help address these issues. will reinforce decentralization by advance by the Government and Specifically, MCC Funding will bolstering the information base for stakeholders on both policy support the following five sub-activities investment and fiscal planning. Under development and its implementation. under the Policy Activity: (i) The further the Capacity Building Activity, MCC This will enable the translation of local development of a national land Funding will support investments and and international best practices into an administration vision and a coherent reform processes that will go a long way improved policy and regulatory implementation strategy based on a toward strengthening public land framework. At the same time, the Land needs assessment that will examine administration services. Project will help specific beneficiaries regulations, administrative processes, Specifically, MCC Funding will meet their immediate needs for information systems, institutional support the following intervention registered land rights and better access structure, and human resources; (ii) the areas: (i) Implementation of a to land for investment. provision of technical and logistical comprehensive approach to professional The Land Project is comprised of support for a process to assess and development and training (including in three mutually reinforcing activity monitor progress on land legislation, in local requirements and international areas: (a) Support for an improved coordination with the Land Policy best practices in cadastral and policy environment, including Consultative Forum created with registration information systems, addressing implementation problems for support from the Land Project; (iii) the surveying and titling procedures, land the existing land law and engaging in development and implementation of a law, and other topics) at the national, regulatory review to improve upon it broad campaign of public education, provincial and local levels, thereby (the ‘‘Policy Activity’’); (b) building the outreach and awareness raising of non- increasing knowledge and awareness of

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land tenure issues, land records and facilitation services will allow These beneficiaries include nearly half management and surveying techniques, progress within the current institutional a million urban parcel holders and over and providing a better understanding of and regulatory climate while the other 220,000 rural smallholders. Investors development trends in land policy and Land Project activities work to (both local and foreign), who currently in the demand for their services; (ii) the transform the land administration can face high transactions costs in further development of the National system. gaining access to a registered land use Land Information System (LIMS), which Specifically, MCC Funding will right, will also have substantial savings. was first funded by the Italian support: (i) The implementation of the Benefits are expected to accrue to more government but still requires strategic mapping and inventory exercise and, as than 150 firms. Additional value added planning, final design and completion part of that process, the piloting of a can be expected from reduced conflict of implementation at the provincial sound approach to area-wide and increased job creation over time as level; (iii) investment in and technical registration of land rights in selected a result of new commercial investments assistance to the upgrading of facilities areas characterized as more dynamic encouraged by a more efficient land use for four provincial and selected district and/or conflictive; (ii) provision of regime; however, these benefits are not land service offices; (iv) investment in additional funding to the existing easily quantifiable. and technical assistance for cadastral program of support for the Community 4. Sustainability development in selected municipalities, Land Initiative to allow its operation in including pilot implementation of Zambe´zia, Nampula and Niassa The Land Project addresses cadastral registration in selected Provinces (the land fund is already sustainability by supporting the neighborhoods within each operating in Gaza, Manica and Cabo development of an overall strategy for municipality. The Land Project will Delgado with support from other modernization of land services that develop methods and criteria to select donors); and (iii) make available simple emphasizes client service, adoption of the particular districts, municipalities informational tools to streamline technology solutions adapted to the and neighborhoods. Such criteria and investor and farmer access to land in local context, and financial and human methods will be subject to approval by northern Mozambique, such as legal resource capacity. Re-establishing trust MCC. information, guidelines regarding the and creating efficiency in public land requirements for negotiating land access services will increase citizen and (c) Site Specific Facilitation of Land with local communities, printed site business use of services, thereby Access (the Site Specific Activity) maps showing land use and existing contributing to records being kept up-to- In the PARPA, the Government titles, and other tools, e.g., specialized date. The increased ability to collect committed to undertaking a mapping seminars. land rents from leases of public land and inventory initiative to identify and and expanded collection of rationalized 3. Beneficiaries record the actual legal and economic service fees will provide a major situation of land holdings including the The Land Project supports the improvement in capacity to fund public type of land rights (by state national policy monitoring and reform land services at the national, provincial, authorization, good faith and process by introducing improved and municipal levels. Finally, the community) and existing land uses. In approaches to land registration and program will enable significant progress the selected, more economically records management. Broadly speaking, toward access to and security of land dynamic areas, this will result in readily the Project will assist anyone (local tenure, which will help facilitate available information for many purposes community and private sector) who has sustainable economic development. including for the planning and the or acquires land-use rights. In management of access to natural particular, the Land Project is projected 5. Environmental and Social Issues resources (including land), a reduction to benefit 1.9 million people by 2015 The Land Project is classified as in the risk of land disputes, and quicker and 2.6 million people by 2029 by ‘‘Category C’’ according to the MCC and easier access to land for investors assisting four groups of beneficiaries. As Environmental Guidelines as Project and small businesses (farm and non- a result, the value of investment on land activities are unlikely to have farm). At the same time and often in affected by the Project will increase and immitigable, adverse environmental or these same dynamic areas, communities the time and cost to register a land use social impacts. increasingly seek to enhance the right will be reduced. Environment and Social Impacts security of their tenure or to engage in Local communities that solicit business relations with investors assistance from the Community Land Given that the major proposed through joint ventures or the leasing out Initiative will benefit from registration interventions in the Land Project do not of their lands (as allowed for in the land of land rights and reduced transaction contemplate the construction of new, or law upon boundary delimitation and costs through improved security for the significant expansion of existing title issuance). Several donors worked productive activities on their land and buildings or structures, or the with the Government to establish the increased opportunity for arrangements introduction of new technologies or Community Land Initiative. This ‘‘land with outside investors for business productive processes, this Project is fund’’ responds to demand with grants development. Approximately 200 unlikely to generate any significant of financial support and technical communities are projected to have their adverse environmental, health or safety assistance, ensuring an approach fully lands delimited over four years under impacts or risks. While the compliant with the technical annex to the Land Project, enabling an estimated implementation of the Land Project will the land law and thereby reducing the average of 3000 hectares per community likely lead to an increase in the demand risk of disputes and errors. Finally, it is to become available for commercial of certain public services (e.g., important to provide immediate uses. Urban households in selected electricity, potable water, waste solutions to help investors and small municipalities and rural smallholders in disposal) and products (e.g., office businesses more expediently meet their selected districts and sites selected for supplies, printed materials) for the land access and registration needs. land service upgrading and mapping operation of new equipment or the Discussions with CTA and others will save time and expense when performance of training, consultation suggests that some simple information accessing and/or registering land rights. and information activities, this increase

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in demand would be negligible. Thus, DFID and the World Bank. As designed, Government also agrees to support a neither specific environmental studies the Land Project builds on prior related regulatory reform, which will nor environmental impact management initiatives and complements existing result from a list of targeted reforms measures are anticipated for the Land ones. For example, this Compact will proposed in the design study ‘‘Land Project. support the expansion of a multi-donor Tenure Services Final Report (February The Land Project includes several program called the Community Land 2007)’’ and as refined by additional activities that will deliver positive Initiative (which is supported by DFID, analyses and efforts under this Compact. social impacts, such as the delimitation the Swiss Agency for Development and of ‘common hold’ land rights held by Cooperation, the Danish Embassy, The E. Farmer Income Support Project local communities, which can protect Swedish International Development 1. Background the long-term tenure security of many Cooperation Agency and the Mozambique is an internationally rural dwellers and reduce the potential Development Cooperation Ireland). The significant exporter of coconuts and for conflict with smallholders and Land Project also benefited from coconut products. These are grown in investors. However, several Land Project technical support from Food and Zambe´zia and Nampula Provinces. activities could potentially induce some Agriculture Organization of the United Coconut is one of the few crops growing negative social and gender-based Nations (FAO), Deutsche Gesellschaft on the impoverished, sandy, and impacts. This risk will be managed fu¨ r Technische Zusammenarbeit (GTZ), sometimes saline coastal soils of through adequate approaches to the United Nations Development northern Mozambique. It has unique implementation and the impacts Programme, and USAID. As a part of value as a low input, environmentally properly mitigated during this Compact’s support to expand a beneficial, year-round source of implementation. For example, plans to paralegal training and legal education nutrition, income and shelter for coastal adjudicate and register individual titles through the CFJJ, MCC will be working communities. In the late 1990s, to smallholder plots may pose risks to alongside FAO and the Government of outbreaks of Coconut Lethal Yellowing the tenure security of certain vulnerable the Netherlands. The African Disease (‘‘CLYD’’) were confirmed in groups including women and those Development Bank is supporting efforts areas of commercial smallholder affected indirectly or directly by HIV/ to make the registry of deeds more plantings in coastal Zambe´zia. By 2003 AIDS. Adjudication and registration of efficient and this will link to the land about one percent of the total area was plots can lead to cancellation of access administration strategy and information agreements and therefore greater tenure system development under this affected but with several new disease insecurity for these vulnerable groups. Compact. Finally, the Land Project foci in both provinces. Disease-affected ´ Initial project design has taken into indirectly complements the Government areas in Zambezia have expanded account most of these potential negative use of budget support (e.g., from the considerably since 2003, and new foci impacts and gender-based constraints to Irish and Spanish Cooperation and are present in Nampula as well. At the participation. These issues will be previous initiatives of the Italian present rate of spread, more than 50 furthered explored and appropriate Cooperation, GTZ, the International percent of the coconut area is likely to mitigation strategies incorporated into Fund for Agricultural Development be lost over the next nine years. As the final activity/sub-activity designs, (IFAD) and others). In fact, measures infection rate is considerably slower which will be reflected in the gender such as the ones to be supported under than that experienced in Florida and the integration plan. Finally, the Land this Land Project are consistent with Caribbean, the disease could be Project is not expected to negatively discussions held by the donor working controlled by the same type of impact public health and safety, child group on agriculture (PROAGRI) under phytosanitary measures that were used labor or human trafficking. the Program Aid Partnership’s (G–18) in Ghana. Currently, about five percent joint review of progress on the PARPA of the total coconut area of Zambe´zia is 6. Consultative Process in 2007 as well as in previous years’ likely to be affected, although in certain In addition to the overall Compact joint review of progress on the PARPA. areas there is no remaining production. development consultative process, USAID was particularly engaged Trees that are no longer productive must extensive consultations were conducted throughout the development and review be removed and replaced. Technical on the conceptual framework for the of the Land Project. Improved efficiency support is necessary to assist farm Land Project objectives and approaches, and security of land access is relevant enterprises in recovering income that as well as on specific aspects of the to its programs in private sector they formerly had from coconut trees. design. Consultations were conducted at development, trade, rural incomes, and Unless sustained measures are taken both an individual-level with municipal development. USAID and its over a large area, coconut cultivation representatives of the proposed stakeholders provided information will cease in large areas of central implementing agents, NGOs and the useful to the design of activities, Mozambique, with the resulting loss of private sector, as well as at a national including technical guidance from export earnings and rural livelihood for and provincial level, in all four of the USAID Washington. An area for over 1.7 million people in coastal northern provinces, usually through the potential coordination under this Zambe´zia and Nampula. Permanent Secretaries in the office of Compact will be the USAID funded In conjunction with tree removal and the Provincial Governor. Donors were pilot cadastre activity in five replacement, this Project would assist also involved in the consultations, such municipalities in northern Mozambique. farmers to adopt new cropping systems as the National Program for Agrarian and develop alternative sources of cash 8. Policy, Legal and Regulatory Review Development (‘‘PROAGRI’’) Working income during the time the coconut Group and donor focus groups at a The Government agrees to engage in trees reach productive age at seven years Southern African Development a process of regulatory and and beyond (the ‘‘Farmer Income Community (SADC) conference. administrative reform to significantly Support Project’’). Chickpeas, pigeon improve the efficiency, transparency peas, cowpeas and pineapples have the 7. Donor Coordination and security of the processes for potential to generate alternative income MCC has consulted with many transferring and acquiring land rights, in for these farm enterprises, compatible donors, most extensively with USAID, both rural and urban areas. The with rehabilitation of coconut and

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diversification to reduce risks and (a) Activity 1 (CLYD Control and Support demonstration trials; (ii) improve livelihood options. Pulses have Mitigation Services) strengthen producer organizations’ become increasingly significant exports, The objective of this activity is to marketing capacities; and (iii) provide increasing by over 400 percent per year control and mitigate the spread of CLYD extensive on-farm training in from 2000–2004. Like coconuts, they are among the holdings of commercial intercropping methods, integrated pest suited to the sandy and loamy soils that farmers in Zambe´zia and Nampula management practices, and CLYD are dominant in the coastal region. They Provinces. The first step under this surveillance capabilities. The principal are advantageous because they fix activity will be a Government-led public sub-activities will be: (i) In zones with nitrogen in the soil. At the same time, awareness campaign about the disease lower risk profiles, improve the crop yields in the region are extremely and the measures needed to mitigate its productivity and yield of existing aging low due to poor practices including lack effects. Short-term control measures and under-productive palms in of crop rotation, poor seed selection, include surveillance and scouting to smallholder plantings; and (ii) enable inadequate field preparation, untimely detect early cases of disease; prompt stakeholders, through business weeding, and other practices. Technical eradication of diseased palms (by development support, to help safeguard support to introduce better practices cutting and burning); and replanting and/or improve profitability of the would increase yields considerably. with selected seedlings from local coconut industry for smallholders 2. Summary of Project and Related Mozambique Green Tall coconut types through innovative strategies, including Activities (some of which show a measure of linking them to carbon offset credit investment initiatives. The objective of the Farmer Income resistance). The Farmer Income Support Project Support Project is to improve CLYD control and mitigation Manager will be located in MCA- productivity of coconut products and strategies will be tailored to different Mozambique. The Coconut Working encourage diversification into other stages of the disease epidemic and are Group, composed of Government cash crop production. The Project will likely to be most effective at, or in entities in the agricultural area, will eliminate biological and technical advance of, the margins of active spread provide the Project Manager with barriers hindering economic growth of disease. Infected trees must be culled guidance on technical matters among farms and targeted enterprises since they attract populations of concerning project implementation. located in this Compact area’s eastern rhinoceros beetle that breed in dead coastal belt (Zambe´zia and Nampula palm trunks and will kill or damage DNEA is the entity responsible for provinces), and it will increase incomes replacement palms. There is thus a need Government public outreach to lost to CLYD through crop for collective and continuous action—by communities about the CLYD mitigation diversification and improved farming all growers and over a sustained and control activities. DNEA will practices. period—not just to prevent infection mobilize the outreach campaign through The Project will deliver two essential moving from diseased to healthy palms, media (radio, television, bulletins, services to farm enterprises over the but also to remove and destroy dead posters), extension agents, coconut duration of this Compact to significantly palm trunks. Three sub-activities are estate employees and other means of improve and sustain incomes derived envisioned: (i) In the endemic zone, information dissemination as from cash crops and newly introduced help smallholders to clear their land of appropriate. crop diversification options: (a) CLYD dead palms and replant with selected 3. Beneficiaries control and mitigation will provide the Mozambique Green Tall seedlings and short-term control measures of alternative short-term crops; (ii) in the The Farmer Income Support Project surveillance, prompt eradication of epidemic zone, control spread of disease benefits 1.7 million smallholders in the diseased palms and replanting with the by prompt removal and destruction of coconut belts of Zambe´zia and Nampula less susceptible Mozambican Green Tall infection sources and provision of new who depend on coconut tree-products coconut variety. The Project will replant planting material; and (iii) a research for cash and in-kind income. Half of all cleared coconut trees. In the endemic initiative that will emphasize these smallholders would be in poverty areas, this activity will support planting germplasm resistance screening, by 2015 even without income losses 160,000 new coconut seedlings, the epidemiological analysis, and early from CLYD. If CLYD is allowed to equivalent of 2,000 hectares, benefiting disease detection. proliferate, the poverty rate would 7,500–10,000 smallholder families. In undoubtedly be higher. Coconuts are (b) Activity 2 (Technical Advisory the epidemic areas, this activity will also produced on estates, which account Services) support clearing and also replanting of for some 5,000 workers as additional 650,000 seedlings on 6,100 hectares; The Farmer Income Support Project Project beneficiaries. In addition, the and (b) Technical Advisory Services will target smallholders impacted by Farmer Income Support Project provides will introduce alternate crop- CLYD control and mitigation measures targeted technical assistance to over diversification options that demonstrate to engage in crop diversification to 3,000 smallholders to mitigate strong market demand and income generate income during the period of significant income loss due to CLYD generation potential, especially for farm coconut tree re-growth. Emphasis will and assist them in improving the quality enterprises participating in the CLYD be given to improving farming practices of other crops planted on their holdings. control and mitigation program that are that will increase yields and link With their families, over 15,000 persons seeking short-term income alternatives farmers to processors and other buyers directly benefit from this technical during period of coconut tree re-growth. in the supported value chains. They will assistance. While about two thirds of the These services will supply productive be provided options to diversify their financial benefits accrue to the estates, inputs and training to small farm production in response to proven the estates do not receive technical enterprises operating on some 4,000 market demand, which will lead to assistance and benefit entirely from hectares (2,000 in epidemic areas and additional revenue streams. disease eradication. If eradication were 2,000 in endemic areas). Dissemination of improved farming not to include infected trees on both The Farmer Income Support Project practices and market linkages will be smallholder plots and the larger estates, activities are as follows: done by experienced field agents to: (i) CLYD would continue to spread.

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4. Sustainability. provisions set forth in this Compact and ‘‘severely restricted’’ under the Prior The Farmer Income Support Project is in relevant supplemental agreements. Informed Consent Program. MCA- envisioned as a short-term intervention MCA-Mozambique will serve as the Mozambique will ensure that Project to eliminate significant biological and point of contact for comments and operators require pesticides to be technical barriers to economic growth of concerns of parties affected by the handled, stored, applied, and disposed farm enterprises located in the Program implementation of all Project activities of in accordance with FAO’s target areas. Through the delivery of the under this Compact and will lead the International Code of Conduct on the CLYD control and mitigation service, effort to find feasible resolutions to Distribution and Use of Pesticides. the spread of a highly contagious those problems. MCA-Mozambique will To maximize the positive social disease that could have significant convene periodic public meetings to impacts of the Farmer Income Support provide implementation updates and to negative repercussions on the coconut Project and ensure compliance with identify and address public concerns. industry, a key agricultural business in MCC’s Gender Policy, MCA- The Stakeholders Forum for this Project the coastal belt, will be halted. This, in Mozambique is required to: (a) Develop will also incorporate representatives of turn, will help ensure the sustainability a gender integration plan that includes: civil society that will serve as a link of a healthy coconut industry in (i) Approaches for meaningful and between local NGOs and program Zambe´zia and Nampula Provinces. inclusive consultations with women managers. Without ridding the area of the disease, and vulnerable/under-represented healthy coconut groves will be 5. Environmental and Social Issues groups; (ii) Project-specific gender analyses, as appropriate; and (iii) susceptible to infection or re-infection, The Farmer Income Support Project is strategies for incorporating findings of thereby affecting the continued classified as ‘‘Category B’’ according to the gender analyses into final Project commercial viability of the raw material the MCC Environmental Guidelines. An designs; and (b) ensure that final Project suppliers and processors. Applied environmental assessment and an EMP activity designs are consistent with and research and replanting of the selected that includes provisions to address (a) incorporate the outcomes of the gender variety will improve productivity of the safety and health risks related to the region’s ‘‘coconut economy.’’ Research handling, use, and disposal of pesticides integration plan. MCA-Mozambique will on varietal improvements will be done and fertilizers; (b) tree-cutting and also take steps to ensure that the in conjunction with the Ministry of disposal equipment; and (c) integrated interests and views of women and Agriculture, thereby transferring skills pest and nutrient management strategies vulnerable groups are represented in and technology in coconut-resistance will be developed prior to full Project any entities responsible for advising on trials, screening and selection. implementation. design, ownership, management, and Sustainability is linked to the overall operation of the Project activities. Environmental and Social Impacts market performance of coconuts and Environmental Permitting alternate crops. The market for coconuts Although it is unlikely that the and its processed products is growing Farmer Income Support Project will MCA-Mozambique will ensure that domestically and internationally, as are generate any significant environmental, environmental and social assessment markets for targeted alternate crops. health or safety hazards, the potential responsibilities are included in the Yield improvements will be sustainable negative direct, indirect, induced, and bidding documents for the procurement through smallholders’ adoption of cumulative environmental impacts of of Project implementers and advisors, as improved farming practices and crop the Project will be assessed through an needed. Disbursement of MCC Funding diversification, which reduces their environmental assessment that will be for activities under this Project requiring risks and vulnerability. And, there may conducted prior to the implementation environmental licenses will be be opportunities to improve smallholder of the Project. A number of positive contingent upon issuance of such incomes through carbon offset, which environmental and social benefits environmental licenses, as needed, or may be monetizable over five years to should emerge from this Project. As any other required permits. Project supplement smallholders’ income until stated, coconut is regarded as an activities, for which MCC disburses replanted trees reach productive age. environmentally benign and often funds, should be consistent with the MCC is consulting with carbon credit beneficial, low-input, crop which outcomes of the relevant environmental experts and will be providing MCA- tolerates and can help to stabilize assessments, and MCC Environmental Mozambique with guidance on options nutrient-poor and saline soils, Guidelines, and comply with applicable for Mozambique to pursue to qualify for especially in coastal regions that are Mozambique environmental law and carbon offset credits. often subject to periodic floods that regulations. destroy other crops. In addition, MCA- 6. Consultative Process Environment and Social Sustainability Mozambique will ensure that a Project- The key to ensuring environmental specific EMP is developed, During the development of the Farmer and social sustainability of the Farmer implemented and monitored during the Income Support Project in the pre- Income Support Project is ongoing Project in accordance with the Compact program definition process, public consultation. MCA-Mozambique provisions of this Compact and any the consultant, working on behalf of the will ensure that comprehensive public relevant supplemental agreements. Government, consulted with a broad consultation plans are developed such Per the MCC Environmental spectrum of stakeholders, including that Project stakeholders, including Guidelines, the use of the following government officials (national and women and vulnerable groups, are pesticides is prohibited under the provincial), NGOs and the private afforded consultation and an Project: (a) Persistent Organic Pollutants sector, through local Chambers of opportunity to provide their inputs to that the United States Environmental Commerce and the coconut trade Project design and implementation. Protection Agency has identified as of association. Ongoing consultation is MCA-Mozambique will ensure that greatest concern to the global envisioned through the Project Advisory environmental and social mitigation community; or (b) any pesticide listed Group that will be established during measures are followed for all Project by the United States Environmental the Compact Implementation Funding activities in accordance with the Protection Agency as ‘‘banned’’ or period.

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7. Donor Coordination appropriation in the national budget; (c) defined in the Internal Regulations. The Although the Centre de coope´ration engaging a fiscal agent to undertake Minister of Planning and Development internationale en recherche expenditures and to account for them; will serve as the chair of the Board, agronomique pour le de´veloppement (d) engaging a procurement agent who while the executive director of the (CIRAD) has provided support to will act on behalf of MCA-Mozambique Management Unit will serve as combat against CLYD in Zambe´zia in to manage the acquisition of the goods, secretary. The civil society the past, there are currently no other works and services requested by MCA- representatives and the private sector donors providing support to address Mozambique to implement the activities representatives will be determined as this issue in the northern provinces. funded by this Compact; and (e) defined in the Internal Regulations. In Through the Farmer Income Support engaging an auditor competitively to the event that one of the civil society Project, there are opportunities to work conduct audits of its accounts. voting members is not from an with other donors in the future. In The Government will grant the environmentally focused NGO, an particular, USAID provides assistance Minister of Planning and Development additional observer from such an through its Title II Implementing oversight authority or ‘‘tutela’’ over organization, subject to the prior receipt Partners in Zambe´zia to introduce MCA-Mozambique, whereby the of a no-objection notice from MCC, will nutrient-rich crops as a means of Minister will ensure that MCA- be appointed. No remuneration will be improving their food security. In Mozambique is complying with the paid to any Government representative addition, USAID is providing technical terms of this Compact, fulfilling the on the Board, although other Board assistance to the Ministry of Agriculture Government’s responsibilities under members may receive remuneration as for strengthening institutional capacity this Compact, and other duties of MCA- set out in the Governance Guidelines (as in policy analysis. USAID also adapted Mozambique as described in the defined in the PIA). one new agricultural technology in 2006 Internal Regulations. (ii) Location. through continued assistance to the MCA-Mozambique will be The Board will be based in Maputo, National Agricultural Research Institute headquartered in Maputo, with initially but may also conduct rotating meetings and the agricultural zonal research one regional office in Nampula, and in one of the four northern provinces centers and its continued funding is other provincial offices in northern from time to time. helping to replicate the producer-owned Mozambique, as determined in the (iii) Roles and Responsibilities. trading company model in other Internal Regulations. The Board will be responsible for geographic areas. Moreover, USAID will MCA-Mozambique will be composed exercising oversight and taking major continue to provide technical assistance of (a) a supervisory decision-making decisions, such as approving annual in management and marketing to body, the Board of Directors (the implementation plans, Disbursement farmers and rural enterprises. ‘‘Board’’); (b) a smaller working group of requests, annual progress reports, key representatives from the Board or an contracts and policy reforms, as well as F. Overview of Implementation executive committee (the ‘‘Executive other responsibilities defined in the Framework Committee’’); and (c) the day-to-day Internal Regulations. The Board will 1. Overview of Implementation management body or management unit meet once every three months and may (the ‘‘Management Unit’’). The Internal meet more frequently as necessary for The implementation framework and Regulations will define the governance extraordinary meetings. The specific the plan for ensuring adequate details of MCA-Mozambique. roles of the voting and non-voting governance, oversight, management, members will be set out in the Internal monitoring and evaluation and fiscal 3. MCC Regulations. accountability for the use of MCC MCC will provide technical oversight (b) Executive Committee. Funding is summarized below and will and accountability in the (i) Composition. be described in more detail in the implementation of the Program. MCC The Executive Committee will be internal regulations of MCA- will establish a small office in composed of seven members, who Mozambique (‘‘Internal Regulations’’) or Mozambique, designed to provide represent certain Ministries or as otherwise agreed in writing by the feedback and increased communication organizations on the Board, as further Parties. between MCC and the Government defined in the Internal Regulations. The 2. Government throughout Compact implementation. Secretariat of the Executive Committee MCC will require prior approval of will be the executive director of the The Government will empower the certain transactions, activities, Management Unit. Governmental Minister of Planning and Development agreements and documents, as members on the Executive Committee in conjunction with the Minister of described in the PIA. will be represented by the relevant Finance to create a public institution Ministries’ National Director. The 4. MCA-Mozambique Description within the Ministry of Planning and private sector representative will be the Development (‘‘MCA-Mozambique’’), (a) Board of Directors. same as on the Board. which will be the Accountable Entity (i) Composition. (ii) Location. and will be authorized to act on behalf The Board will be composed of nine The Executive Committee will be of the Government in order to manage voting members; six of which are located in Maputo, but may also and oversee the implementation of this governmental representatives, two civil conduct rotating meetings in one of the Compact and the Program. MCA- society representatives and one private four northern provinces from time to Mozambique will have administrative sector representative. There will be time. and patrimonial autonomy, in addition three non-voting members, consisting of (iii) Roles and Responsibilities. to the financial control to engage in an MCC representative, a representative The Executive Committee is a smaller practices such as (a) establishing an from an environmental NGO and the working group of the Board that will be account in a financial institution in the executive director of the Management empowered to take certain limited name of MCA-Mozambique and holding Unit. The governmental representatives actions normally required to be taken by MCC funds in that account; (b) will be Ministers from certain Ministries the Board, such as approving quarterly expending MCC funds without an involved in the Program, as agreed and implementation plans, quarterly

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progress reports, certain procurement Implementing Entities (as defined in the Annex II—Summary of Multi-Year decisions, as well as other actions PIA), coordinating stakeholder Financial Plan defined in the Internal Regulations. The participation and other functions as 1. General Executive Committee will meet as often defined in the Internal Regulations of as necessary to adequately perform its MCA-Mozambique. The Multi-Year Financial Plan functions. (d) Stakeholders’ Participation. Summary below sets forth the estimated (c) Management Unit. annual contribution of MCC Funding for (i) Composition. Stakeholders will continue to be Program administration, Program The Management Unit will be involved and participate throughout monitoring and evaluation, and responsible for assisting the Board and Compact implementation. Through implementing each Project. The the Executive Committee in managing semi-annual and/or annual participatory Government’s contribution of resources and overseeing the day-to-day monitoring and evaluation forums, will consist of ‘‘in-kind’’ and other operations of the Program. The stakeholders will be able to provide contributions or amounts required Management Unit will be composed of feedback to the overall Program (the effectively to satisfy the requirements of staff, competitively selected. Key staff ‘‘Stakeholders Forums’’). In addition, Section 2.5(a) of this Compact. In members of the Management Unit the mechanisms for ensuring this accordance with the PIA, the include: The executive director, deputy consultative process occurs will be Government will develop and adopt on director, chief financial officer, M&E/ structured at a Project-level, allowing a quarterly basis a detailed financial planning officer, procurement officer, representatives of the private sector, plan (as approved by MCC) setting forth environmental and social manager, legal civil society and local and regional annual and quarterly funding advisory service, and Project managers governments to provide advice and requirements for the Program (including for each of the four Projects will be input to MCA-Mozambique. In the WSS administrative costs) and for each defined in the Internal Regulations. Project, autonomous Provincial Water project, projected both on a commitment (ii) Location. Boards will be created, which will and cash requirement basis. The Management Unit will have incorporate stakeholder participation on 2. Modifications offices in at least two locations. One their respective boards. office will be based in Maputo and In the Roads Project, stakeholder To preserve administrative flexibility, initially one office will be located in participation will be incorporated the Parties may by written agreement (or Nampula. If justified, other regional through the Stakeholders Forums. as otherwise provided in the PIA), offices may be opened in the northern without amending this Compact, change provinces, as provided for in the In the Land Project, there are two the designations and allocations of Internal Regulations. forums designed to facilitate feedback funds among the Projects, the Project (iii) Roles and Responsibility. and input from interested stakeholders. activities, or any activity under Program The Maputo office of the Management First, the Land Policy Consultative administration or monitoring and Unit will provide ‘‘back office support’’ Forum, comprised of relevant evaluation, or between a Project services, such as financial management, governmental ministries, civil society identified as of the entry into force of legal, procurement, administrative, organizations and academic institutions this Compact and a new project; public relations and other activities will conduct regular semi-annual provided, however, that any such defined in the Internal Regulations. The meetings. Secondly, the National Land change (a) is consistent with the Nampula office and other provincial Project Advisory Group provides a Program Objective and Project offices that may be established as part forum for both national and local Objectives and the PIA, (b) does not of the Management Unit will provide governmental representatives to provide materially adversely affect the direct support to the programs being meaningful feedback throughout applicable Project or any activity under implemented in the provinces. The Compact implementation. Program administration or monitoring regional Management Unit offices will In the Farmer Income Support Project, and evaluation, (c) does not cause the be responsible for preparing reports, stakeholder participation is amount of MCC Funding to exceed the implementation plans and budgets, incorporated through the Coconut aggregate amount specified in Section preparing Disbursement requests, Working Group, whereby relevant 2.1(a) of this Compact, and (d) does not reviewing and approving bidding and governmental agencies, the private cause the Government’s obligations or contract documents, monitoring and sector and civil society organizations responsibilities or overall contribution evaluating project implementation, may provide regular input to the of resources to be less than specified in ensuring technical support to implementation of the Project. Section 2.5(a) of this Compact.

MULTI-YEAR FINANCIAL PLAN SUMMARY *

Projects Year 1 ** Year 2 Year 3 Year 4 Year 5 Total

1. Water Supply and Sanitation: A. Technical Assistance and Capacity Building to Water Supply and Sanitation Project ...... 6,675,220 5,095,804 3,293,268 3,137,075 2,814,675 21,016,042 B. Rehabilitation/expansion of water supply sys- tems in urban areas ...... 6,377,175 6,783,982 34,182,450 25,553,040 18,187,233 91,083,880 C. Rehabilitation/expansion of six municipal sani- tation and drainage systems ...... 2,291,750 19,294,284 19,770,123 20,563,193 20,576,077 82,495,427 D. Construction/reconstruction of wells and bore holes (rural water points) ...... 906,441 2,312,470 3,108,668 2,324,169 338,296 8,990,044

Sub-Total ...... 16,250,586 33,486,540 60,354,509 51,577,477 41,916,281 203,585,393 2. Rehabilitation/Construction of Roads: A. Technical Assistance for Roads Project ...... 507,700 688,914 710,817 733,374 374,925 3,015,730

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MULTI-YEAR FINANCIAL PLAN SUMMARY *—Continued

Projects Year 1 ** Year 2 Year 3 Year 4 Year 5 Total

B. Rehabilitation Costs ...... 4,922,862 3,731,628 39,023,067 78,845,125 46,769,068 173,291,750

Sub-Total ...... 5,430,562 4,420,542 39,733,884 79,578,499 47,143,993 176,307,480 3. Land Tenure Services: A. Support for National Policy monitoring process 2,186,408 2,521,723 2,049,460 1,929,674 1,757,958 10,445,223 B. Land administration capacity building ...... 1,812,980 5,552,512 3,769,560 1,534,915 757,829 13,427,796 C. Site specific secure land access ...... 1,261,886 4,295,706 3,722,369 3,359,342 2,555,985 15,195,288 Sub-Total ...... 5,261,274 12,369,941 9,541,389 6,823,931 5,071,772 39,068,307 4. Farmer Income Support: A. Rehabilitation of endemic areas ...... 704,022 676,612 624,771 636,683 210,505 2,852,593 B. Control of epidemic disease ...... 2,099,262 1,660,535 1,450,524 868,610 914,518 6,993,449 C. Research and Development Support ...... 444,405 435,548 519,295 513,503 529,612 2,442,363 D. Improvement of productivity ...... 252,728 427,022 737,993 1,097,880 1,168,584 3,684,207 E. Business Development Support ...... 254,000 291,915 519,295 258,770 135,619 1,459,599

Sub-Total ...... 3,754,417 3,491,632 3,851,878 3,375,446 2,958,838 17,432,211 5. Monitoring and Evaluation: Monitoring and Evaluation ...... 2,195,000 955,000 1,880,000 920,000 2,255,000 8,205,000

Sub-Total ...... 2,195,000 955,000 1,880,000 920,000 2,255,000 8,205,000 6. Program Administration and Oversight A. MCA-Mozambique...... 9,651,474 5,012,630 5,583,165 5,254,627 5,379,999 30,881,895 B. Fiscal and Procurement Agent ...... 12,300,000 4,800,000 3,300,000 2,550,000 2,050,000 25,000,000 C. Bank Contract...... 10,000 5,000 5,000 5,000 5,000 30,000 D. Auditing...... 1,440,000 1,140,000 1,140,000 1,140,000 1,140,000 6,000,000 E. Environmental Management—MICOA Capac- ity Building ...... 176,000 57,344 58,720 60,130 61,573 413,767

Sub-Total ...... 23,577,474 11,014,974 10,086,885 9,009,757 8,636,572 62,325,662

Total Estimated MCC Contribution ...... 56,469,313 65,738,629 125,448,545 151,285,110 107,982,456 506,924,053 * It is anticipated that there will be at least a one-quarter lag in disbursements of these budget totals. ** Year 1 amounts include amounts for Compact Implementation Funding.

Annex III—Description of The 1. Overview. determine their efficiency and Monitoring And Evaluation Plan MCC and the Government (or a effectiveness; and (c) a methodology for assessment and rigorous evaluation of This Annex III to this Compact (the mutually acceptable Government affiliate or permitted designee) will the outcomes and impact of the Program ‘‘M&E Annex’’) generally describes the formulate, agree to and the Government (‘‘Evaluation Component’’). Information components of the monitoring and will implement, or cause to be regarding the Program’s performance, evaluation plan for the Program (the implemented, an M&E Plan that including the M&E Plan, and any ‘‘M&E Plan’’). Each capitalized term in specifies (a) how progress toward the amendments or modifications thereto, this Annex III will have the same program goal and Program Objective as well as progress and other reports, meaning given such term elsewhere in will be monitored (‘‘Monitoring will be made publicly available on the this Compact. Component’’); (b) process and timeline MCA-Mozambique Web site and for the monitoring of planned, ongoing, elsewhere. or completed Project activities to BILLING CODE 9211–03–P

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2. Program Logic indicators, (c) the sources and methods beneficiaries identified in accordance for data collection, (d) the frequency for with Annex I (collectively, the The Mozambique M&E Plan will be data collection, (e) the party or parties ‘‘Beneficiaries’’). Third, output built on the program logic model responsible, (f) the timeline and format indicators (‘‘Project Activity Level’’) described above showing how the for reporting on each Indicator (as will measure the direct outputs of the Program is intended to work. The defined below) to MCA-Mozambique, Project activities in order to provide an program logic is a visual representation and (g) the method by which the early measure of the likely impact of the of the Program showing the sequence of reported data will be validated. Project activities. A fourth level of outcomes and intended causality from (a) Indicators. The M&E Plan will indicators, input and process indicators the Project Objectives. The overall goal measure the results of the Program using of the Program is to contribute to (‘‘Institutional Process Level’’) will be quantitative, objective and reliable data included in the M&E Plan to measure poverty reduction in Mozambique (‘‘Indicators’’). Each Indicator will have through economic growth. The stated the delivery of materials, goods and benchmarks that specify the expected actions necessary to carry out the Program Objective is to increase the value and the expected time by which primary Project activities. All Indicators productive capacity of the population in that result will be achieved (‘‘Target’’). will be disaggregated by gender, income selected districts of northern The M&E Plan will be based on a logical level and age, and beneficiary types to Mozambique with the intended impact framework approach that classifies of reducing the poverty rate, increasing indicators as impact, outcome, output, the extent practicable. Subject to prior household income, and reducing process and input. The impact written approval from MCC, MCA- chronic malnutrition in the targeted indicators (‘‘Goal and Program Objective Mozambique may add Indicators or districts. Level’’) will measure the results for the refine the Targets of existing Indicators. (i) Impact Indicators (Goal and 3. Monitoring Component overall Program. Second, the outcome indicators (‘‘Project Objective Level ‘‘) Program Objective Level). The M&E To monitor progress toward the will measure the final and the Plan will contain the impact indicators achievement of the impact and intermediate results of the Projects in listed in the table below, with their outcomes, the Monitoring Component of order to monitor their success in definitions and unit of observation, the M&E Plan will identify (a) the meeting each of the Project Objectives, baseline, and targets for the end of the indicators, (b) the definitions of the including results for the intended compact year.

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Indicator Definition of indicators Unit of observation Baseline Year 5

Poverty Rate ...... Percentage of the population in northern Mozambique Household ...... 45.80% 36.64% who lack the ability and opportunity to have access to satisfy the necessary basic nutritional and non-nu- tritional requirements (2150 nutritional calories plus basic non food items). Increased Household In- The total value of household food production for con- Household ...... $202.30 $264.12 come. sumption, all crop and livestock sales, cash and in- kind pay received from off-the-farm activities and re- mittances, net cash and in-kind payments made to hired members of household. Percent of stunted children, Percentage of children under 5 years in northern Mo- Household ...... 41% 28% 0–59 months (height/age zambique who show chronic malnutrition as a result z-score). of cumulative inadequacies in nutrition status.

(ii) Outcome Indicators (Project will measure the results at the project below with their definitions and units of Objective Level). The M&E Plan will objective levels. The outcome indicators observation. contain the outcome indicators which for the four main Projects are listed

Indicators Definition Unit of observation Baseline Year 5

Project I: Water and Sanitation

Value of productive days Value of time gained by household members due to Household ...... 0 US$3.04 gained due to less diar- not having to attend to other household members rhea illness. with diarrhea or not being absent from productive activities due to incidence of diarrhea (number of days multiplied by the value of average adult house- hold consumption). Value of productive days Value of time gained by household members due to Household ...... 0 US$3.04 gained due to less ma- not having to attend to household members with ma- laria. laria or not being absent from productive activities due to incidence of malaria (number of days multi- plied by the value of average adult household con- sumption). School attendance days Days gained by each school-aged child in household Number of school-aged 0 3 gained due to less diar- to attend school due to less incidence of diarrhea. children in household. rhea. School attendance days Days gained by each school-aged child in household Number of school-aged 0 3 gained due to less ma- to attend school due to less incidence of malaria. children in household. laria. Number of businesses con- Number of formal businesses in target districts with Business ...... 495 947 nected to an improved water connection. water source. Time to get to water source Number of minutes to water source, by source ...... Household ...... 32/39 15/27 (Urban- /Rural). Percent of urban population Proportion of the urban population in the target districts Urban households ...... 30% 47% (17%) with improved water with access to improved water sources, defined as sources (percent in- access to private connections or standpipes. crease). Percent of rural population Proportion of the rural population in the target districts Rural households ...... 31% 33% with access to improved with access to improved water sources, defined as (1,417,439) (1,657,439) water sources (number of access to potable water from a deep-well. persons). Percent of urban population Proportion of urban population with access to improved Urban households ...... TBD TBD with improved sanitation sanitation facilities, defined as access to networked facilities. sanitation, septic tanks, or an improved pit-latrine.

Project II: Road Rehabilitation

Value of net agricultural Net value of new agricultural production for both cash Rural households ...... TBD TBD production (yield per hec- and subsistence crops in the road economic area of tare). influence (15km radius each side of targeted roads). Change in vehicle operating Average change in the fixed and variable cost of oper- Target roads ...... 0.47 0.37 cost ($$/vehicle-/km). ating vehicles on a km of target upgraded roads. Total time savings (US$m) Value of travel time savings for road users due to Target Roads ...... 0 US$1.15 change in speed on target roads. Change in International Measurement of pavement roughness on targeted IRI units of either m/km or 10 3.5 Roughness Index (IRI). roads (correlated with vehicle operating costs). m/mi.

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Indicators Definition Unit of observation Baseline Year 5

Average annual daily traffic Number of vehicles by type on the target upgraded Target roads 1908 2558 volume. roads. (disaggregated by vehi- cle type).

Project III: Land Tenure Services

Percent increase in value of Summation of investments including agricultural invest- Rural households (small- 0 10% new investments on land. ments, fixed investments, and improvements to ex- medium-holder); busi- isting structures. nesses; urban parcels; communities. Number of new businesses Number of new businesses formally registered and es- Businesses (small, me- TBD TBD tablished. dium, large). Percent reduction in time to Number of days required to obtain land usage rights Community, individual, 0 50% get land usage rights (DUAT), disaggregated by beneficiary type. urban, commercial. (DUAT). Percent reduction in costs Amount of money required, in local currency, to obtain Community, individual, 0 50% to get land usage rights land usage rights (DUAT), disaggregated by bene- urban, commercial. (DUAT). ficiary type.

Project IV: Farmer Income Support

Reduction in loss of coco- Total household and estate sales of coconuts and co- Rural households (small- 0 3.75% nut and coconut prod- conut products within a calendar year. medium holders) & Es- ucts’ sales. tates. Percent increase in sales Total household sales of surplus crops intercropped in Rural households (small- US$65,000 167% from intercropping. replanted coconut farms. medium-holders). Percent increase in yield Additional production of coconuts per tree resulting Rural households (small- 0 167% among fertilized coconut from adoption of CLYD control and mitigation meas- medium-holders). (30) (80) trees in risk areas (num- ures. ber of fruits per tree). Percent increase in yield of Additional production of cash and food crops inter- Rural households (small- 0 TBD selected intercropping cropped in replanted coconut farms. medium-holders). crops. Increase in improved coco- Total number of recently planted resistant, healthy co- Rural households (small- 0 224,000 nut trees 2 years old or conut trees that are 2 or more years old. medium-holders). greater. Percent change of the area Total endemic and epidemic land area, in trees per Rural land (trees per hec- 5036 71% infested by CLYD. hectare, with CLYD control and mitigation measures. tare). hectares Destruction of infected co- Total number of CLYD infected palms cleared (in mil- Trees ...... 0 1.225 conut palms. lions). Number of farmers adopt- Total number of rural holders adopting the planting of Rural households (small- 0 2260 ing improved varieties of the improved variety of coconuts. medium-holders). coconut trees. TBD = To be determined. *Targets for water and sanitation indicators are for end of year 5/start of year 6.

(iii) Process and Output Indicators. parties. The M&E Plan will use both identify areas of collaboration with INE The M&E Plan will describe the process qualitative and quantitative methods for and the National Directorate of Studies and timeline for developing a full and data collection. The plan will outline and Policy Analysis, Ministry of comprehensive activity monitoring plan various data collection methodologies, Planning and Development (MPD) on that will outline most of the process and assessments, and surveys necessary to surveys and other data collection output indicators, the instruments for reporting on the results of the outcome initiatives. The plan will specify and collecting data for the indicators, and indicators. It will also develop and contain an agreement with the INE and the frequency for collecting and establish instruments and procedures as MPD on a schedule of surveys and other reporting on those indicators. The M&E part of the regular project monitoring data collection activities and the types Plan budget will make provision for activities to track Project activity output of economic analysis that will be resources to support and build on the indicators. It will also draw quantitative obtained by MCA-Mozambique as part capacity of service providers and other information from the INE (National of reporting requirements. The M&E service agencies to collect and report the Statistics Institute) surveys such as the Plan budget will make provision for output and process indicators that will IAF (Household Survey), QUIBB funding for such collaborative be outlined in the activity monitoring (Questionnaire on Basic Indicators of initiatives. plan. Technical assistance will be Well-Being), and DHS (Demographic (d) Data Quality Reviews. From time provided when needed to facilitate the and Health Survey) and the TIA to time, as determined in the M&E Plan development of the activity monitoring (National Agricultural Survey) for most or as otherwise requested by MCC, the plan. of the outcome and impact indicators. quality of the data gathered through the (b) Data Collection and Reporting. The (c) Collaboration with National M&E Plan will be reviewed to ensure M&E Plan will establish guidelines for Statistic Institute and the National that data reported are as valid, reliable, data collection and a reporting Directorate of Studies and Policy and timely as resources will allow. The framework, including a schedule of Analysis, Ministry of Planning and objective of any data quality review will Program reporting and responsible Development. The M&E Plan will be to verify the quality and the

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consistency of performance data, across of the potential impact evaluation approval of MCC, will engage an different implementation units and methodologies: independent evaluator to conduct an reporting institutions. Such data quality (i) The WSS Project could be evaluation at the expiration or reviews also will serve to identify where evaluated using rigorous randomized termination of the Compact Term those levels of quality are not possible, design methods. In the rural water (‘‘Final Evaluation’’) or at MCC’s given the realities of data collection. component, communities could be election, MCC will engage such an (e) Participatory Monitoring and selected randomly over time to allow for independent evaluator. The program- Evaluation. The M&E Plan will outline comparison between unbiased control level evaluation must at a minimum (i) a process for encouraging participation and treatment groups. In the urban evaluate the efficiency and effectiveness of program stakeholders in the water and sanitation components, of the Program activities; (ii) estimate, collection and dissemination of the randomized allocation of instruments quantitatively and in a statistically valid information about progress being made such as private connection subsidies way, the causal relationship between towards the achievement of the program (where subsidy demand outstrips the expected impact (to the extent objectives. The effectiveness and subsidy supply) and health and hygiene possible), the intended outcomes and efficiency of the Program will be jointly outreach efforts, but not direct services, outputs; (iii) determine if and analyze monitored with the beneficiary could serve as the basis for an the reasons why the Compact goal, population and various stakeholders at instrumental variable approach to Program Objective and Project different levels of decision-making. The evaluating the urban and peri-urban Objectives were or were not achieved; M&E Plan will foster national W&S interventions. (iv) identify positive and negative ‘‘ownership’’ of the Program and will (ii) The Roads and Land Projects unintended results of the Program; (v) periodically disseminate program could be evaluated using propensity provide lessons learned that may be results and achievement through score matching methods with treatment applied to similar projects; (vi) assess transparent strategies and a format of and control groups. Additionally, the the likelihood that results will be communication with the public. Land Tenure Services Project also sustained over time; and (vii) any other (f) Management Information System. demonstrated potential, contingent on guidance and direction that will be The M&E Plan will describe the favorable conditions at EIF, for provided in the M&E Plan. To the extent information system that will be used to randomized evaluations of the site engaged by MCA-Mozambique, such an collect data, store, process and deliver specific interventions. independent evaluator will enter into an (iii) The Farmer Income Support information to relevant stakeholders in auditor/reviewer agreement with MCA- Project’s inter-cropping and Technical such a way that the program Mozambique in accordance with this Advisory Services components could be information is at all times accessible Compact. and useful to those who wish to use it. evaluated through rigorous randomized The system development will take into design methods. Favorable conditions at (c) Special Studies. The M&E Plan consideration the requirement and data EIF permitting randomized allocation of will identify and make provision for needs of the components of the particular interventions such as special studies, ad-hoc evaluations, and Program, and will be aligned with MCC agricultural information will allow for research that may be needed as part of existing systems, other service comparison between unbiased control the monitoring and evaluating of this providers, and government ministries. and treatment groups. Compact. Either MCC or MCA- (iv) Additionally, linkages between Mozambique may request special 4. Evaluation Component the water, roads, and land interventions studies or ad-hoc evaluations of The Evaluation Component of the could be rigorously evaluated. For Projects, Project activities, or the M&E Plan will contain two types of example, areas that receive more than Program as a whole prior to the evaluations: Project-Level impact one intervention will be compared to expiration of the Compact Term. If evaluations and Program-Level impact areas that only receive one of the MCA-Mozambique engages an evaluations. The evaluation plans will interventions. evaluator, the evaluator will be an be finalized before disbursement for Impact evaluations will be used to externally contracted independent specific Program or Project activities. assess Program and Project progress and source selected by MCA-Mozambique, The Evaluation Component will contain effectiveness. The M&E Plan will take subject to the prior written approval of a methodology and timeline for into consideration the time period MCC, following a tender in accordance analyzing data in order to assess various projects will demonstrate their with the MCC Program Procurement planned, ongoing, or completed Project benefits and impacts. It is anticipated Guidelines, and otherwise in activities to determine their that the impact evaluations’ lifespan accordance with any relevant contribution to the Program’s intended could extend well beyond the five-year Implementation Letter or supplemental impact. implementation period and flexibility of agreement. The cost of an independent (a) Impact Evaluation. The M&E Plan design should be a priority. The M&E evaluation or special study may be paid will outline rigorous design methods Plan also will specify different modes of from MCC Funding. that will be used to evaluate the impact contracting to carry out the evaluations, (d) Government Request for Ad hoc of the Program’s four components. including independent and specialized Evaluation or Special Study. If MCA- Based on in-country consultation with contractors and agreements where Mozambique requires an ad hoc stakeholders, the following strategies necessary. If deemed appropriate, MCC independent evaluation or special study outlined below were jointly determined or MCA-Mozambique may request ad- at the request of the Government for any as having the strongest potential for hoc evaluations or special studies of reason, including for the purpose of rigorous impact evaluation. The M&E Projects, Project activities, or the contesting an MCC determination with Plan will further outline in detail these Program as a whole at any time during respect to a Project or Project activity or methodologies. Final impact evaluation or after the implementation. to seek funding from other donors, no strategies are to be jointly determined (b) Program-Level Evaluation. The MCC Funding or MCA-Mozambique before the approval of the M&E Plan and M&E Plan will make provision for resources may be applied to such before entry into force (EIF) of this program-level evaluation. MCA- evaluation or special study without Compact. The following are a summary Mozambique, with the prior written MCC’s prior written approval.

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5. Other Components of the M&E Plan assumptions and risks will not excuse Government (or a mutually acceptable In addition to the Monitoring and performance of the Parties, unless Government Affiliate or Permitted Evaluation Components, the M&E Plan otherwise expressly agreed to in writing Designee) may modify or amend the will include the following components by the Parties. M&E Plan or any component thereof, for the Program, Projects and Project 6. Implementation of the M&E Plan including those elements described activities, including, where appropriate, herein, without amending this Compact; roles and responsibilities of the relevant (a) Approval and Implementation. provided, any such modification or parties and Providers: The approval and implementation of the amendment of the M&E Plan has been (a) Costs. A detailed cost estimate for M&E Plan, as amended from time to approved by MCC in writing and is all components of the M&E Plan. time, will be in accordance with this otherwise consistent with the (b) Assumptions and Risks. Any M&E Annex, the PIA, and any other requirements of this Compact and any assumptions and risks external to the relevant supplemental agreement. relevant supplemental agreement Program that underlie the (b) Modifications. Notwithstanding between the Parties. accomplishment of the Program and anything to the contrary in this Project Objectives and Project activity Compact, including the requirements of [FR Doc. E7–14130 Filed 7–24–07; 8:45 am] outcomes; provided, however, such this M&E Annex, MCC and the BILLING CODE 9211–03–P

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Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sierra Nevada Bighorn Sheep (Ovis canadensis californiana) and Proposed Taxonomic Revision; Proposed Rule

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DEPARTMENT OF THE INTERIOR (TDD), call the Federal Information including or excluding any areas that Relay Service (FIRS) at 800–877–8339. exhibit those impacts; and Fish and Wildlife Service SUPPLEMENTARY INFORMATION: (6) Whether we could improve or modify our approach to designating 50 CFR Part 17 Public Comments Solicited critical habitat in any way to provide for RIN 1018–AV05 We intend that any final action greater public participation and resulting from this proposal will be as understanding, or to better Endangered and Threatened Wildlife accurate and as effective as possible. accommodate public concerns and and Plants; Designation of Critical Therefore, we seek comments or comments. Habitat for the Sierra Nevada Bighorn suggestions on this proposed rule. We If you wish to comment, you may Sheep (Ovis canadensis californiana) particularly seek comments concerning: submit your comments and materials and Proposed Taxonomic Revision (1) The reasons why we should or concerning this proposal by any one of should not designate habitat as ‘‘critical several methods (see ADDRESSES). If you AGENCY: Fish and Wildlife Service, habitat’’ under section 4 of the Act (16 use e-mail to submit your comments, Interior. U.S.C. 1531 et seq.), including whether please include ‘‘Attn: Sierra Nevada ACTION: Proposed rule. the benefit of designation will outweigh bighorn sheep’’ in your e-mail subject threats to the species caused by header. If you do not receive a SUMMARY: We, the U.S. Fish and designation such that the designation of confirmation from the system that we Wildlife Service (Service), propose to critical habitat is prudent; have received your e-mail, contact us designate critical habitat for the Sierra (2) Specific information on: directly by calling our Nevada Fish and Nevada bighorn sheep (Ovis canadensis • The amount and distribution of Wildlife Office at 775–861–6300. Please californiana) under the Endangered Sierra Nevada bighorn sheep habitat, note that comments must be received by Species Act of 1973, as amended (Act). • What areas should be included in the date specified in the DATES section In total, approximately 417,577 acres the designations that were occupied at in order to consider them in our final (ac) (168,992 hectares (ha)) fall within the time of listing that contain the determination and that the e-mail the boundaries of the proposed critical features that are essential for the address [email protected] will be habitat designation. The proposed conservation of the subspecies and why, closed out at the termination of the critical habitat is located in Tuolumne, and public comment period. Mono, Fresno, Inyo, and Tulare • What areas not occupied at the Before including your address, phone counties, California. We also propose a listing are essential to the conservation number, e-mail address, or other taxonomic revision of the listed entity of the subspecies and why; personal identifying information in your from distinct population segment (DPS) (3) Any proposed critical habitat areas comment—you should be aware that to subspecies, Ovis canadensis sierrae, covered by existing or proposed your entire comment—including your based on recent published information. conservation or management plans that personal identifying information—may DATES: We will accept comments from we should consider for exclusion from be made publicly available at any time. all interested parties until September the designation under section 4(b)(2) of While you can ask us in your comments 24, 2007. We must receive requests for the Act. We specifically request to withhold your personal identifying public hearings, in writing, at the comment on the appropriateness of information from public review, we address shown in the ADDRESSES section including or excluding lands covered cannot guarantee that we will be able to by September 10, 2007. by: (a) The Sierra Nevada Bighorn Sheep do so. Recovery and Conservation Plan (Sierra ADDRESSES: If you wish to comment on Bighorn Sheep Interagency Advisory Background this proposed rule, you may submit Group 1984); (b) the Bighorn Sheep It is our intent to discuss only those your comments and materials by any Management Plan (National Park topics directly relevant to the one of several methods: Service 1986); (c) the Inyo National designation of critical habitat in this 1. By mail or hand-deliver to Robert Forest Resource & Management Plan proposed rule. For more information on D. Williams, Field Supervisor, U.S. Fish (U.S. Forest Service 1988); and (d) the the Sierra Nevada bighorn sheep, refer and Wildlife Service, Nevada Fish and Conservation Strategy for Sierra Nevada to the final listing rule published in the Wildlife Office, 1340 Financial Bighorn Sheep (Sierra Nevada Bighorn Federal Register on January 3, 2000 (65 Boulevard, Suite 234, Reno, NV 89502– Sheep Interagency Advisory Group FR 20). However, some of this 7147. 1997). We request comment on how information will need to be cited or 2. By electronic mail (e-mail) to these plans do or do not benefit or discussed in the substantive analyses [email protected]. Please see the protect the Sierra Nevada bighorn below, where appropriate, such as the Public Comments Solicited section sheep, or its primary constituent description of the primary constituent below for other information about elements, and if the benefit or elements (PCEs) and proposed critical electronic filing. protection provided by these plans is habitat units. 3. By fax to the attention of Robert D. equal to or greater than the benefit that The bighorn sheep (Ovis canadensis) Williams, Field Supervisor at 775–861– would be provided by designation of is a large mammal in the family Bovidae 6301. critical habitat; described by Shaw in 1804 (Shackleton 4. Via the Federal eRulemaking Portal (4) Land use designations and current 1985, p. 1). Cowen (1940, pp. 519–569) at: http://www.regulations.gov. Follow or planned activities in the subject areas recognized several subspecies based on the instructions for submitting and their possible impacts on proposed geography and skull measurements. comments. critical habitat; Recent genetic (Ramey 1993, pp. 82–86; FOR FURTHER INFORMATION CONTACT: (5) Any foreseeable economic, 1995, pp. 432–434; Boyce et al. 1996, Robert D. Williams, Field Supervisor, national security, or other potential pp. 423–426, 429; Gutierrez-Espeleta et Nevada Fish and Wildlife Office, at the impacts resulting from the proposed al. 1998, pp. 7–9, 11) and morphological address or telephone number listed designation and, in particular, any data (Wehausen and Ramey 1993, pp. 4– under ADDRESSES. If you use a impacts on small entities, and 8; 2000, pp. 148–153), and review and telecommunications device for the deaf information about the benefits of reanalysis of Cowan’s data (Ramey 1993,

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p. 83), do not support Cowan’s original 21; January 3, 2000). During winter, Previous Federal Actions subspecies differentiation. Ramey (1993, these sheep occupy high elevation, On April 20, 1999, we published an pp. 71–72; 1995, p. 432) found, based on windswept ridges and tend to prefer emergency rule listing the Sierra Nevada mitochondrial DNA, bighorn sheep from south-facing slopes where snow melts DPS of the California bighorn sheep the Sierra Nevada to be more allied with more readily (Jones 1950, pp. 44–45; (SNBS) as endangered (64 FR 19300) sheep occupying the adjacent desert McCullough and Schneegas 1966, p. 71; providing emergency protections to the area than those to the north. Ramey Wehausen 1980, pp. 86–87) or migrate DPS until such time that we could (1993, pp. 67–68; 1995, pp. 433, 435) to lower elevations (4,800 ft (1,460 m)) complete the normal listing process. We also found Sierra Nevada bighorn sheep in the sagebrush-steppe areas to avoid also published a proposed rule to list to be a distinctive group in the desert deep snow and to find forage. the DPS on the same date (64 FR 19333). Sierra Nevada bighorn sheep are region extending east to Utah and New On January 3, 2000, we published a gregarious with group size and Mexico and south to northern Mexico. final rule listing the SNBS DPS as composition depending on gender and Recent morphometric analyses of skull endangered (65 FR 20). The emergency season. Spatial segregation by gender shape confirm genetic results rule stated that the designation of occurs outside of the mating season. (Wehausen and Ramey 2000, pp. 148– critical habitat was not determinable Ewes generally remain with the same 153). Based on both genetic and due to lack of information sufficient to morphometric data, Wehausen and band in which they were born (Cowan and Geist 1971, pp. 80–81). Males older perform the required analysis of impacts Ramey (2000, p. 156) reassigned of the designation. In the final listing California bighorn sheep populations than two years of age remain apart from females and younger males for most of rule we stated our revised outside of the Sierra Nevada to other determination: That there is sufficient subspecies, thus recognizing bighorn the year (Jones 1950, p. 50; Cowan and Geist 1971, p. 65; Wehausen 1980, p. information to perform the required sheep in the Sierra Nevada as its own impact analysis and that the designation subspecies. In a recent investigation of 109). During the winter, the groups come together and concentrate in of critical habitat is prudent. During our the taxonomy of Sierra Nevada bighorn current efforts to propose critical habitat sheep, Wehausen et al. (2005, p. 217) suitable winter habitat. Breeding takes place in late fall, for the Sierra Nevada bighorn sheep, we reexamined the history of bighorn sheep noticed that the final listing rule nomenclature and concluded, based on generally November and December (Jones 1950, pp. 63–64; Cowan and published in 2000 (65 FR 20) the original type specimen, that the inadvertently listed this entity as a correct nomenclature for native sheep in Geist 1971, p. 64; Wishart 1978, p. 165). Lambing occurs between late April and subspecies rather than as a DPS. While the central and southern Sierra Nevada the listing rule addressed the DPS mountains of California is Ovis early July (Wehausen 1996, p. 475), on safe, precipitous, rocky slopes question, we failed to include the DPS canadensis sierrae. (Wehausen 1980, p. 95); most lambs in language in the table found in the Sierra Nevada bighorn sheep inhabit the Sierra Nevada are born in May and regulatory section of the rule. However, portions of the Sierra Nevada located June (Wehausen 1980, p. 94; 1996, p. as stated above, based on the work of along the eastern boundary of California 475). Ewes and lambs often occupy Wehausen and Ramey (2000, p. 156) in Tuolumne, Mono, Fresno, Inyo, and steep terrain that provides a diversity of and Wehausen et al. (2005, p. 217), the Tulare counties. Habitat occurs from the exposures and slopes for escape cover Sierra Nevada bighorn sheep is eastern base of the range as low as 4,790 (65 FR 21; January 3, 2000). The average recognized as a subspecies, and the feet (ft) (1,460 meters (m)) to its peaks lifespan is 9 to 11 years for both males correct nomenclature is Ovis canadensis above 14,100 ft (4,300 m) (Wehausen and females (Cowan and Geist 1971, p. sierrae. Therefore, we are formally 1980, pp. 3, 82). Based on recent 68; Wehausen 1980, p. 76). proposing a taxonomic revision to modeling efforts, discussed further in Bighorn sheep are primarily diurnal amend the final listing rule from DPS to the Criteria Used To Identify Critical (Jones 1950, pp. 54–57). They are subspecies, Ovis canadensis sierrae. Habitat section, Sierra Nevada bighorn primarily grazers; however, they may Therefore, within this proposed critical sheep habitat, as well as areas necessary browse woody vegetation at times. habitat designation rule we will refer to to provide connectivity between winter Plants consumed include various the listed entity as a subspecies and not and summer ranges, occur as low as grasses, browse, and herbaceous plants, as a DPS. 4,000 ft (1,219 m) in the southern depending on season and location On July 30, 2003, we made available portion of its range (Johnson et al. 2005). (Wehausen 1980, pp. 80–93). Naturally the Service’s Draft Recovery Plan for the Sierra Nevada bighorn sheep inhabit occurring salt/mineral licks provide Sierra Nevada Bighorn Sheep (Ovis open areas where the land is rocky, necessary minerals for bone and muscle canadensis californiana) (68 FR 44808). sparsely vegetated, and characterized by growth. On October 9, 2003, we re-opened the steep slopes and canyons (Wehausen While distribution of bighorn sheep is comment period for the draft Recovery 1980, p. 81; Sierra Nevada Bighorn naturally fragmented on the landscape, Plan (68 FR 58355). We are currently Sheep Interagency Advisory Group the maintenance of migration corridors working with land management 1997, p. 5). Wehausen (1980, pp. 18–25) (space) is important to allow genetic agencies and stakeholders to finalize the provides a detailed description of Sierra exchange between Sierra Nevada Recovery Plan by the summer of 2007. Nevada bighorn sheep habitat bighorn sheep herds. The population On December 8, 2005, the Center for throughout its range. They prefer open ecology of bighorn sheep has been Biological Diversity filed a complaint ground to better detect predators and described as a metapopulation with based on the Service’s failure to allow enough time to reach steep, rocky geographically distinct herds interacting designate critical habitat for this terrain (escape habitat) (Wehausen 1980, in a network (Schwartz et al. 1986, p. subspecies within the time mandated p. 81). Forests and thick brush are 184; Bleich et al. 1990, pp. 384–388). under the Act (Center for Biological usually avoided if possible (65 FR 21; The movements by rams between herds Diversity v. U.S. Fish and Wildlife January 3, 2000). Most of the sheep live can counteract the effects of inbreeding Service, et al. Case No. 2:05–CB–02492– at higher elevations (10,000 to 14,000 ft that can develop with small, isolated DFL–KJM). On June 6, 2006, the Service (3,050 to 4,270 m)) in the subalpine and populations (Schwartz et al. 1986, pp. entered into a settlement agreement alpine areas during the summer (65 FR 182–185). with the Center for Biological Diversity

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to submit a proposed critical habitat primary constituent elements, as reasons, a critical habitat designation designation for this subspecies for defined at 50 CFR 424.12(b)). does not signal that habitat outside the publication in the Federal Register by Habitat within the geographical area designation is unimportant or may not July 17, 2007, and to submit a final occupied by the species at the time of be required for recovery. determination on the proposed critical listing may be included in critical Areas that support populations of habitat designation for publication by habitat only if the habitat has essential Sierra Nevada bighorn sheep, but are July 17, 2008. features that may require special outside the critical habitat designation, For more information on previous management or protection. Thus, we do will continue to be subject to Federal actions concerning Sierra not include areas where existing conservation actions we implement Nevada bighorn sheep, refer to the final management is sufficient to conserve under section 7(a)(1) of the Act. They listing rule published in the Federal the PCEs and the species. (As discussed are also subject to the regulatory Register on January 3, 2000 (65 FR 20). below, such areas may also be excluded protections afforded by the section from critical habitat under to section 7(a)(2) jeopardy standard, as determined Critical Habitat 4(b)(2) of the Act.) on the basis of the best available Critical habitat is defined in section 3 We can designate unoccupied areas as information at the time of the agency of the Act as: critical habitat. However, when the best action. Federally funded or permitted (1) The specific areas within the available scientific data do not projects affecting listed species outside geographical area occupied by a species, demonstrate that the conservation needs their designated critical habitat areas at the time it is listed in accordance of the species require additional areas, may still result in jeopardy findings in with the Act, on which are found those we will not designate critical habitat in some cases. Similarly, critical habitat physical or biological features areas outside the geographical area designations made on the basis of the (a) essential to the conservation of the occupied by the species at the time of best available information at the time of species and listing. designation will not control the (b) that may require special Section 4 of the Act requires that we direction and substance of future management considerations or designate critical habitat on the basis of recovery plans, habitat conservation protection; and the best scientific and commercial data plans (HCPs), or other species (2) specific areas outside the available. Further, our Policy on conservation planning efforts if new geographical area occupied by a species Information Standards Under the information available to these planning at the time it is listed, upon a Endangered Species Act, published in efforts calls for a different outcome. determination that such areas are the Federal Register on July 1, 1994 (59 essential for the conservation of the FR 34271), the Information Quality Act Methods species. (section 515 of the Treasury and General As required by section 4(b) of the Act, Conservation, as defined under Government Appropriations Act for we used the best scientific data section 3 of the Act, means to use and Fiscal Year 2001 (Pub. L. 106–554; H.R. available in determining areas occupied the use of all methods and procedures 5658)), and our associated Information at the time of listing that contain the that are necessary to bring any Quality Guidelines provide criteria, features essential to the conservation of endangered species or threatened establish procedures, and provide Sierra Nevada bighorn sheep, and areas species to the point at which the guidance to ensure that our decisions unoccupied at the time of listing that are measures provided under the Act are no represent the best scientific data essential to the conservation of the longer necessary. available. They require our biologists, to subspecies. We have also reviewed Critical habitat receives protection the extent consistent with the Act and available information pertaining to the under section 7 of the Act through the with the use of the best scientific data habitat requirements of this subspecies. prohibition against Federal agencies available, to use primary and original These data include: information from carrying out, funding, or authorizing the sources of information as the basis for the final listing rule (65 FR 20, January destruction or adverse modification of recommendations to designate critical 3, 2000); information published in peer- critical habitat. Section 7 of the Act habitat. When determining which areas reviewed literature, provided in requires consultation on Federal actions may be designated as critical habitat, a academic theses and agency reports, and that may affect critical habitat. The primary source of information is published in a Resource Selection designation of critical habitat does not generally the listing package for the Probability Functions model; location affect land ownership or establish a species. Additional information sources data and survey information provided in refuge, wilderness, reserve, preserve, or include the recovery plan for the agency status and monitoring reports other conservation area. Such species, articles in peer-reviewed and on Geographic Information System designation does not allow government journals, conservation plans developed (GIS) maps; information provided in the or public access to private lands. by States and counties, scientific status subspecies’ draft recovery plan (Service Section 7 of the Act is a purely surveys and studies, biological 2003); material submitted during section protective measure and does not require assessments, or other unpublished 7 consultations; discussions with implementation of restoration, recovery, materials and expert opinion or members of California Department of or enhancement measures. personal knowledge. All information is Fish and Game’s (CDFG’s) Sierra For inclusion in a critical habitat used in accordance with the provisions Nevada Bighorn Sheep Recovery designation, the habitat within the of the Information Quality Act and the Program and the Sierra Nevada Bighorn geographical area occupied by the associated Information Quality Sheep Recovery Team; and regional GIS species at the time of listing must first Guidelines issued by the Service. coverages. have features that are essential to the Habitat is often dynamic, and species conservation of the species. Critical may move from one area to another over Primary Constituent Elements habitat designations identify, to the time. Furthermore, we recognize that In accordance with section 3(5)(A)(i) extent known using the best scientific designation of critical habitat may not of the Act and regulations at 50 CFR data available, habitat areas that provide include all of the habitat areas that we 424.12, in determining which areas to essential life cycle needs of the species may eventually determine are necessary propose as critical habitat within (i.e., areas on which are found the for the recovery of the species. For these geographical areas occupied by the

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species at the time of listing, we Nevada provide large expanses of p. 37) estimated home range size for the consider the primary constituent habitat broken by canyons containing Lee Vining herd (winter/spring and elements to be those physical and forests and willow stands. These areas summer/fall for rams and ewes) using biological features that are essential to of forests and willow stands are unlikely the minimum convex polygon method the conservation of the species and to be used by bighorn sheep. In contrast, (completely enclose all data points by which may require special management low elevation winter habitat has been connecting the outer locations in such a considerations and protection. These limited to small areas where way as to create a convex polygon) include, but are not limited to: topographic and visual features are during 1986 to 1989. During this period, (1) Space for individual and suitable (Riegelhuth 1965, pp. 34–38; ewes covered an area of 1,038 to 4,473 population growth and for normal McCullough and Schneegas 1966, pp. ac (4.2 to 18.1 km2) during winter/ behavior; 71–72, 74–75; Wehausen 1979, pp. 36– spring, and rams covered an area of (2) Food, water, air, light, minerals, or 53; 1980, pp. 81–88). Large expanses 2,941 to 6,919 ac (11.9 to 28.0 km2). other nutritional or physiological lacking precipitous escape terrain can During this same period, ewes covered requirements; represent substantial barriers to 2,347 ac to 5,535 (9.5 to 22.4 km2) (3) Cover or shelter; movement (Sierra Nevada Bighorn during summer/fall while rams covered (4) Sites for breeding, reproduction, Sheep Interagency Advisory Group 3,623 to 8,747 ac (14.7 to 35.4 km2). The and rearing (or development) of 1997, p. 5). mean minimum convex polygon home offspring; and Male and female bighorn sheep range was 7,759 ac (31.4 km2) for ewes (5) Habitats that are protected from commonly live in separate groups and 20,979 ac (84.9 km2) for rams from disturbance or are representative of the during much of the year, and often Mount Warren/Mount Gibbs, Wheeler, historic geographical and ecological occupy different habitats (Geist and Sawmill, and Baxter herds (Sierra distributions of a species. Petocz 1977, pp. 1802–1803; Bleich et Nevada Bighorn Sheep Recovery We derive the specific primary al. 1997, pp. 7–14, 22–34, 36–42; Program 2004, pp. 9, 17). constituent elements required for Sierra Wehausen 1980, p. 109). In the Sierra Bighorn sheep have developed Nevada bighorn sheep from its Nevada, both sexes may share common philopatric behaviors (reluctance to biological needs. winter ranges, but they become more disperse from their home range) such Space for Individual and Population segregated as spring nears (Wehausen that they are slow to colonize Growth and for Normal Behavior 1980, pp. 112–113). During winter, unoccupied habitat (Geist 1971, pp. 98– bighorn sheep occupy high, windswept 99; Cowan and Geist 1971, p. 81). This In general, Sierra Nevada bighorn ridges if forage is available or move to is likely an adaptation to the naturally sheep inhabit open areas where the land lower elevation sagebrush-steppe fragmented habitats that bighorn sheep is rocky, sparsely vegetated, and habitat (as low as 4,790 ft (1,460 m)) to occupy. Both male and female Sierra characterized by steep slopes and escape deep winter snows and find Nevada bighorn sheep demonstrate canyons (Wehausen 1980, p. 81; Sierra nutritious forage. In winter, they show seasonal philopatry (Sierra Nevada Nevada Bighorn Sheep Interagency a preference for south-facing slopes Bighorn Sheep Recovery Program 2004, Advisory Group 1997, p. 5). In the where snow melts more readily (Jones p. 7). While both males and females Sierra Nevada, these bighorn sheep 1950, pp. 44–45; McCullough and show a tendency to use the same ranges occur within a wide range of elevations, Schneegas 1966, p. 71; Wehausen 1980, year after year, males show exceptions from alpine peaks in excess of 14,100 ft pp. 86–87). During summer, the two and demonstrate long-distance (4,300 m) to the base of the eastern sexes utilize different habitats, with movements (Sierra Nevada Bighorn escarpment as low as 4,790 ft (1,460 m) females restricted largely to alpine Sheep Recovery Program 2004, p. 7). (Wehausen 1980, pp. 3 and 82). Recent environments along the crest and males Annual home range diameter provides modeling efforts have clarified and often at somewhat lower elevations in an indication of the extreme distances supported our knowledge that Sierra subalpine habitats (Wehausen 1980, pp. the bighorn sheep can travel. Maximum Nevada bighorn sheep habitat occurs as 112–113). Males again join females diameters for home ranges for female low as 4,000 ft (1,219 m) in the southern during the breeding season in late fall. Sierra Nevada bighorn sheep from the portion of its range (Johnson et al. 2005). Both males and females will inhabit Mount Warren/Mount Gibbs, Wheeler, Within this elevational range, a variety open slopes where the area is rough, and Baxter herds ranged from 3.95 to of vegetation communities exists, rocky, sparsely vegetated, and 10.41 mi (6.35 to 16.75 km); males from including: (1) Great Basin sagebrush- characterized by steep slopes and the Mount Warren/Mount Gibbs, bitterbrush-bunchgrass scrub; (2) canyons (Wehausen 1980, p. 81; Sierra Wheeler, and Sawmill herds ranged pinyon-juniper woodland and mountain Nevada Bighorn Sheep Interagency from 5.5 to 36.9 mi (8.9 to 59.4 km) mahogany scrub; (3) mid-elevation and Advisory Group 1997, p. 5). (Sierra Nevada Bighorn Sheep Recovery subalpine forests, woodlands, and An indication of winter and summer Program 2004, pp. 9, 17). meadows; and (4) alpine meadows and range size for male and female Sierra Bighorn sheep exhibit a variety of other alpine habitats varying from cliffs Nevada bighorn sheep was provided by behavioral adaptations to avoid to plateaus (Service 2003, p. 3). Sierra Wehausen (1980) and Chow (1992). predation. Bighorn sheep are primarily Nevada bighorn sheep prefer Great Wehausen (1980, p. 84) determined diurnal (Jones 1950, pp. 54–57; Basin scrub and alpine communities winter and summer range sizes for the Krausman et al. 1985, pp. 24–26). due to their visual openness. Because of Baxter and Williamson herds. He Coupled with their strong reliance on the aridity of the eastern slope of the estimated that total winter range was keen eyesight to detect predators, Sierra Nevada, many of the mid- 2,632 ac (10.65 square kilometers (km2)) diurnal behavior minimizes predation elevation vegetation communities have and 3,291 ac (13.32 km2), respectively. risks. Due to their keen eyesight and some locations near precipitous rocks Summer range for ewes, lambs, and agility on rocky slopes, bighorn sheep in with sparse plant cover that allow use yearlings was estimated at 13,005 ac general select open habitats that allow by bighorn sheep (Wehausen 1980, pp. (52.63 km2) and 3,808 ac (15.41 km2), predator detection at distances great 18–25, 80–100). The extreme visual respectively. Fall range was estimated at enough to allow time to reach steep, openness and the steep, rocky nature of 11,073 ac (44.81 km2) and 3,242 ac rocky terrain (escape habitat) alpine environments in the Sierra (13.12 km2), respectively. Chow (1992, (Wehausen 1980, p. 81). This

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precipitous, rocky terrain is generally attributed to predation (Service 2003, p. back country or for brush control. This near foraging and resting areas. Bedding 10). use could cause concern if it occurs in areas are needed for resting or sleeping Numerous diseases of bighorn sheep or near bighorn sheep habitat. For purposes. During the day, bedding areas have been documented (Bunch et al. example, a recent outbreak of infectious are generally wherever the individual is 1999, pp. 209–237). Bighorn sheep show keratoconjunctivitis (inflammation of feeding. Bedding areas are made in the a high susceptibility to pneumonia, the eye) linked to domestic goats open but not necessarily in a place with usually caused by bacteria of the genus resulted in blindness and several deaths a view of the surrounding area; during Pasteurella (some species now called (exacerbated by the blindness) in the night, bedding areas are generally Mannheimia) (Post 1971, pp. 98–101). bighorn sheep in Arizona, among or near rugged, chuted cliffs Pneumonia caused by Pasturella alone, demonstrating the risk of disease (Jones 1950, p. 49). Bighorn sheep may or with other pathogens, is an important outbreak in bighorn sheep from venture a short distance away from disease threat for bighorn sheep (Bunch interactions with domestic goats rocky escape terrain to feed; the et al. 1999, p. 210). Lungworms of the (Heffelfinger 2004, cited in Sierra distance they venture from safer habitat genus Protostrongylus can be important Nevada Bighorn Sheep Recovery varies and is apparently influenced by contributors to pneumonia and Program 2004, p. 2). visual openness, wind, gender, season, mortality in bighorn sheep in the Rocky Sierra Nevada bighorn sheep and abundance of predators (Service Mountains (Forrester 1971, p. 158; remaining at high elevations year-round 2003, p. 6). Woodard et al. 1974, pp. 773–774). likely contributed to population losses Bighorn in the Sierra Nevada carry over winter (Wehausen 1996, pp. 474– Sites for Breeding, Reproduction, and Protostrongylus lungworms, but parasite 477). Those losses included reduced Rearing of Offspring loads have been too low to be lamb survival over winter and losses of In the Sierra Nevada, ewes and rams considered a management concern all sex and age classes in snow come together in late fall or early winter (Wehausen 1980, p. 191). avalanches (Service 2003, pp. 10–11). A Although die-offs of bighorn sheep (November and December) (Jones 1950, survey of the Wheeler Ridge herd during due to disease have occurred unrelated pp. 63–64; Cowan and Geist 1971, p. 64; the heavy winter of 1995 found 12 to domestic sheep (Miller et al. 1991, Wishart 1978, p. 165) to breed, usually sheep had died in a single snow pp. 534–540), a substantial amount of at high elevations. Bighorn sheep avalanche (Torres et al. 1996, p. 28). circumstantial evidence is available that generally give birth to single young indicates that contact with domestic Metapopulation Structure (Wishart 1978, p. 165). Most bighorn sheep is associated with respiratory Within mountain ranges like the sheep births in the Sierra Nevada occur disease outbreaks resulting in Sierra Nevada, bighorn sheep habitat is in May and June (Wehausen 1980, p. 94; significant morbidity and mortality in patchy and the population structure is 1996, p. 475). Lambing habitat is in wild bighorn sheep (Martin et al. 1996, one of natural fragmentation (Bleich et areas of precipitous rocks away from pp. 72, 74). The history of bighorn sheep al. 1990, p. 384). This fragmentation has trees (Wehausen 1980, p. 95), providing in the United States provides numerous led to the application of a broad safe areas from predators. Ewes with examples of major die-offs following landscape approach to their population newborn lambs are solitary for a short believed contact with domestic sheep ecology which groups geographically period of time before joining nursery (Foreyt and Jessup 1982, pp. 163–164, distinct herds into metapopulations, groups (65 FR 21; January 3, 2000). 166; Singer et al. 2001, p. 1352; Coggins which are networks of interacting herds Mortality Factors 2002, pp. 166–170), and these (Schwartz et al. 1986, pp. 182–183; pneumonia epizootics can extirpate Bleich et al. 1990, p. 386). This Bighorn sheep die from a variety of entire populations (Martin et al. 1996, approach considers long-term viability causes including predation, disease, and pp. 72, 75). Diseases transferred through not of individual herds but rather of accidents. Various predators, including contact with domestic sheep are entire metapopulations; thus both wolves (Canis lupus), mountain lions suspected to have played a major role in genetic and demographic factors are (Felis concolor), coyotes (Canis latrans), the disappearance of certain bighorn considered. Decreasing population bobcats (Lynx rufus), and golden eagles sheep herds in the Sierra Nevada sizes, over time, can lead to decreasing (Aquila chrysaetos) kill wild sheep in beginning about 1870 (Wehausen 1988b, levels of heterozygosity (presence of North America (Cowan and Geist 1971, p. 100). different forms of a gene at a particular p. 75; Bleich 1999, p. 283). Jones (1950, Many early die-offs of bighorn sheep, location on a chromosome) that may pp. 67–68) listed golden eagles, including some in the Sierra Nevada, have negative demographic effects mountain lions, coyotes, wolverines were attributed to scabies contracted through inbreeding depression (Lande (Gulo luscus), bobcats, and ravens from domestic sheep (Jones 1950, p. 69; 1988, p. 1456) and loss of adaptability. (Corvus corax) as likely predators of Buechner 1960, p. 111). In 1987, Clark A small amount of genetic exchange Sierra Nevada bighorn sheep, but et al. (1988, p. 13) found scabies in three among herds by movements of males thought none of these predators caused desert bighorn sheep in California east can counteract inbreeding and anything but small losses on the of the Sierra Nevada. In a large sampling associated increases in homozygosity population under normal of 50 populations of bighorn sheep in (presence of identical forms of a gene at circumstances. He thought predation California between 1980 and 1990, 25 a particular location on a chromosome) overall was thought to be light except populations were designated as scabies- that might otherwise develop within during abnormally unfavorable winters. positive because at least 1 seropositive small, isolated populations (Schwartz et In recent years in the Sierra Nevada, animal occurred at the low or high al. 1986, p. 185). Males have a much mountain lions have been the primary cutoff values, though no clinical greater tendency than females to explore predator of bighorn sheep, accounting evidence of scabies was noted (Mazat et new ranges, which males may do in for 96 percent of losses attributed to al. 1992, pp. 543–545). search of other females with which they predation (Service 2003, p. 10). Of 147 Other infectious diseases may be of will breed. If geographic distances bighorn sheep deaths recorded in the concern for bighorn sheep in selected between female groups within Sierra Nevada during 1975 to 2000, a instances. Domestic goats are metapopulations are not great, gene minimum of 54.5 percent could be occasionally used as pack animals in the migration by males occurs readily. In

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the absence of such a metapopulation to extirpation due to random naturally Hansen 1988, p. 257). Bighorn sheep are structure, populations will be isolated. occurring events, disease, or predation able to take advantage of early spring Because the distribution of bighorn (Shaffer 1987, pp. 71–73; Meffe and growth (usually cold-season grasses) sheep in the Sierra Nevada, is naturally Carroll 1994, pp. 190–197; Service 2003, and then later change their diet to fragmented, maintenance of migration p. 8). include warm-season plants that may corridors is important to allow for have higher nutrient concentrations Food and Nutritional Requirements genetic exchange between herd units. In than grasses (Wehausen and Hansen the Sierra Nevada this exchange may be Bighorn sheep are ungulates that 1988, p. 257). Sierra Nevada bighorn more difficult because the consume a wide variety of plant species. sheep use low-elevation ranges metapopulations occur mostly in a Due to a large rumen and reticulum extensively in winter and early spring, linear geographic distribution pattern; relative to body size, they are able to alpine ranges in summer and fall, and thus fewer populations may have have flexibility in the plants they some intermediate ranges during provided sources of colonists (Service consume which includes graminoids transition periods (Wehausen 1980, pp. 2003, p. 40). (grasses, sedges, and rushes) in different 80–100). Substructuring also can occur within phenological stages (Hanley 1982, p. In the following section plant what are often thought of as single herds 148). Bighorn sheep consume a wide nomenclature has been updated to of bighorn sheep (Festa-Bianchet 1986, variety of plant species. While they conform to treatments in Hickman pp. 327–330; Andrew et al. 1997, pp. prefer grasses, sedges, and forbs, (1993). Common names generally 74–75; Rubin et al. 1998, pp. 543–548). different browse species become conform to those given in Hickman Such substructuring is defined by important food during the fall and (1993) and/or Abrams et al. (1923– separate home range patterns. Although winter (Wishart 1978, p. 167). 1960). Cited scientific names are demonstrated more with females, it can Bighorn sheep exhibit seasonal retained in brackets for ease of occur in both sexes. For example, what changes in habitat use due to seasonal reference. The following plant species was once considered the Mount Baxter changes in resource availability, habitat were found to be important winter/ herd is now recognized as two herds, and resource requirements. Sierra spring forage for Sierra Nevada bighorn the Mount Baxter and Sawmill Canyon Nevada bighorn sheep rarely utilize sheep: Achnatherum speciosum [Stipa herds. surface water; instead, these bighorn speciosa] (desert needlegrass), Another important long-term process sheep generally obtain moisture from Eriogonum fasciculatum (California in metapopulation dynamics is the their forage or the occasional buckwheat), Artemisia tridentata balance between rates of natural consumption of snow. Altitudinal (sagebrush), Ephedra viridis (green extinction and colonization among migration by Sierra Nevada bighorn ephedra), Keckiella breviflora (gaping populations. Colonization rates must sheep allows them to maximize nutrient keckiella), Purshia glandulosa (Mojave exceed extinction rates for a intake during the year (Wehausen and antelope bush), P. tridentata (northern metapopulation to persist (Hanski and Hansen 1988, pp. 256–257, 265–267; antelope bush), and Ceanothus Gilpin 1991, pp. 8–9). This balance has Wehausen 1996, pp. 476–477), as the cordulatus (mountain whitethorn) not occurred for Sierra Nevada bighorn relationship between elevation and (Wehausen 1980, p. 87). McCullough sheep since about 1850 due to the high temperature (Major 1977, pp. 44–45) and Schneegas (1966, p. 72) and rate of local extinctions resulting in an influences plant growth (Wehausen Riegelhuth (1965, p. 38) provide similar increasingly fragmented distribution. In 1980, p. 86–91, 133–135). In general, lists of plant species observed addition to fragmentation from past temperatures decrease with increasing consumed by Sierra Nevada bighorn extinctions, remaining herds are small, altitude (Major 1977, p. 44). In the sheep during winter and/or summer isolated groups of bighorn sheep. Sierra Nevada, every 56 ft (17 m) of (TABLE 1). Wehausen (1980, pp. 124– Because of their small population size, elevation gain causes 1 day delay in the 126) provides a list of plants consumed these small groups are more vulnerable onset of plant growth (Wehausen and by both sexes in summer (TABLE 1).

TABLE 1.—PLANT SPECIES OBSERVED CONSUMED BY SIERRA NEVADA BIGHORN SHEEP DURING SUMMER AND FALL MONTHS (MCCULLOUGH AND SCHNEEGAS (1966, P. 72); RIEGELHUTH (1965, P. 38); WEHAUSEN 1980, P. 124–126).

Sex Season Scientific name Common name

Ewes and Lambs ... Summer and fall .... Polemonium eximium ...... sky pilot. Hulsea algida ...... alpine hulsea. Carex helleri ...... Heller’s sedge. C. rossii ...... Ross’ sedge. C. leporinella ...... Sierra hare sedge. Elymus elymoides ssp. elymoides [Sitanion hystrix] ...... bottlebrush squirreltail. Phacelia hastata [frigida] ...... timberline phacelia. Silene sargentii ...... Sargent’s campion. Aquilegia pubescens ...... Coville’s columbine. Ivesia pygmaea ...... dwarf ivesia. Juncus parryi ...... Parry’s rush. Achnatherum [Stipa] pinetorum ...... pine needlegrass. Lupinus formosus ...... summer lupine.

Rams ...... Summer and fall .... Juncus parryi ...... Parry’s rush. Carex filifolia var. erostrata [exserta] ...... (no common name). C. rossi ...... (no common name). C. aurea ...... golden-fruited sedge. Luzula comosa ...... hairy wood rush. Poa cusickii ssp. epilis [epilis] ...... mountain bluegrass. Elymus elymoides ssp. elymoides [Sitanion hystrix] ...... (no common name).

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TABLE 1.—PLANT SPECIES OBSERVED CONSUMED BY SIERRA NEVADA BIGHORN SHEEP DURING SUMMER AND FALL MONTHS (MCCULLOUGH AND SCHNEEGAS (1966, P. 72); RIEGELHUTH (1965, P. 38); WEHAUSEN 1980, P. 124– 126).—Continued

Sex Season Scientific name Common name

Danthonia intermedia ...... mountain oatgrass. Achnatherum lemmonii [Stipa columbiana] ...... Lemmon’s stipa. Eriogonum latens ...... onion-flowered eriogonum. Trifolium monanthum ...... carpet clover.

Both sexes ...... Summer ...... Holodiscus microphyllus ...... small-leaved cream bush. Jamesia americana ...... cliff bush. Ribes montigenum ...... alpine prickly currant. Potentilla fruticosa ...... shrubby cinquefoil.

In addition to forage needs, salt/ 101; Wehausen 1988b, p. 100; Berger as sodium, calcium, iron, and mineral licks are specific sites where 1990, p. 94). Furthermore, we have phosphorus that could be used as salt bighorn sheep have access to important determined that all proposed licks/mineral licks in order to meet minerals to meet nutritional needs. unoccupied habitat is essential for the nutritional needs. These licks contain minerals such as conservation of the subspecies and will We determined that these PCEs sodium, calcium, iron, and phosphorus. decrease the degree of fragmentation contained within the proposed critical Sites are generally found in granite rock within the current geographic habitat units discussed below provide outcroppings in the Sierra Nevada. distribution of the subspecies. For for the physiological, behavioral, and Some known areas occur in the vicinity further information on occupancy status ecological requirements of the Sierra of Gilcrest Peak and Tioga Road (Chow see Table 3 and the Unit Description Nevada bighorn sheep. The first PCE 1992, p. 52), Baxter Pass (Jones 1950, p. sections below. provides for the general biotic 63; Hicks and Elder 1979, p. 911; communities that are known to support Primary Constituent Elements for Sierra Wehausen 1980, p. 151), and Mayfield Sierra Nevada bighorn sheep habitat in Nevada Bighorn Sheep Canyon (Stephenson 2007). the Sierra Nevada of California. Sierra Under the Act and its implementing Nevada bighorn sheep are not known to Historical and Geographic Distribution regulations, we are required to identify occur outside of the communities/ of the Species the known physical and biological elevations described in this PCE. This Historically, the range of the Sierra features (primary constituent elements PCE further provides the components Nevada bighorn sheep included the or PCEs) within the geographical area necessary for foraging (summer and eastern slope of the Sierra Nevada, and occupied, which may require special winter), breeding, lambing, predator for at least one subpopulation, a portion management considerations or avoidance, and bedding, and allows for of the western slope, from Sonora Pass protection. All areas proposed as critical seasonal elevational movements among in Mono County to Walker Pass in Kern habitat for Sierra Nevada bighorn sheep these areas. County, a total distance of are within the subspecies’ historical The second PCE describes the types of approximately 346 km (215 miles (mi)) geographic range, and contain sufficient food necessary to meet the biological (Jones 1950, pp. 33–35; Wehausen 1979, PCEs to support at least one life history needs of the Sierra Nevada bighorn p. 1). The extant range of the Sierra function. sheep related to seasonal range Nevada bighorn sheep begins in the Lee Based on the above needs and our movements. Altitudinal migration by Vining area in Mono County and current knowledge of the life history, Sierra Nevada bighorn sheep allows extends south to the Mount Langley area biology, and ecology of the subspecies, them to maximize nutrient consumption in Inyo County. This is a linear distance we have determined that the Sierra during the year (Wehausen and Hansen of approximately 110 mi (177 km). Nevada bighorn sheep’s PCEs are: 1988, pp. 256–257, 265–267; Wehausen All currently occupied units that are (1) Non-forested habitats or forest 1996, pp. 476–477), as the relationship proposed for designation were occupied openings within the Sierra Nevada from between elevation and temperature at the time of listing and contain the 4,000 ft (1,219 m) to 14,500 ft (4,420 m) (Major 1977, pp. 44–45) influences plant physical and biological features in elevation with steep (greater than or growth (Wehausen 1980, pp. 86–91, essential to the conservation of the equal to 60 percent slope), rocky slopes 133–135), as discussed earlier. subspecies and may require special that provide for foraging, mating, Wehausen (1980, p. 86) found winter management considerations or lambing, predator avoidance, and diet quality was improved with warmer protection. The areas proposed for bedding and allow for seasonal winter temperatures that aided plant designation that are currently elevational movements between these growth; he found summer diet quality unoccupied were also not occupied at areas. was improved, apparently, by the the time of listing, however these areas (2) Presence of a variety of forage amount of snowfall the previous winter, are representative of the historical and plants as indicated by the presence of which may influence soil moisture for geographical distribution of the Sierra grasses (e.g., Achnanthera spp.; Elymus alpine plants (Wehausen 1980, p. 133). Nevada bighorn sheep and were all spp.) and browse (e.g., Ribes spp.; The third primary constituent element historically occupied (Ober 1914, p. Artemisia spp., Purshia spp.) in winter, provides for additional nutritional 125; Ober 1931, p. 32; Jones 1950, pp. and grasses, browse, sedges (e.g., Carex needs. Mineral licks provide necessary 35, 38–40; Buechner 1960, p. 69; Barrett spp.) and forbs (e.g., Eriogonum spp.) in nutrients, important in meeting dietary 1965, p. 43; Riegelhuth 1965, p. 35; summer. requirements. Dunaway 1971, p. 19; Wehausen et al. (3) Presence of granite rock We have designed this proposed 1987, p. 66; Wehausen 1988a, pp.100– outcroppings containing minerals such designation for the conservation of PCEs

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necessary to support the life history (=Mount Williamson Herd Unit), and (5) Nevada bighorn sheep, for inclusion in functions that were the basis for our Mount Langley (=Mount Langley Herd critical habitat: proposal and the areas containing those Unit) in Mono and Inyo counties, (1) Areas where habitat contains PCEs. Because not all life history California (Wehausen 1999, pp. 1–7; sufficient PCEs (e.g, characteristics such functions require all the PCEs, not all 2000, pp. 1–6); as non-forested, steep, rocky slopes and areas proposed as critical habitat will (b) areas that are representative of the foraging areas) to support life history contain all the PCEs. distribution of the Sierra Nevada functions; We propose units for designation bighorn sheep throughout the (2) Areas where habitat has been based on sufficient PCEs being present geographical range occupied at the time known to have been occupied by the to support one or more of the of listing with the goal of maintaining subspecies. In some areas this was as subspecies’ life history functions. Some the subspecies’ range of habitat and long ago as 90 years (Jones 1950, pp. 33– units contain all PCEs and support genetic variability; and 35). In all of the areas the habitat has not multiple life processes, while some (c) areas that allow for the continued changed appreciably in size or quality units contain only a portion of the PCEs existence of viable subpopulations during that time; necessary to support the subspecies’ under varying environmental conditions (3) Areas where appropriate habitat particular use of that habitat. This and that can serve as locations for for Sierra Nevada bighorn sheep has been predicted by CDFG based on applies to both occupied and source populations. The locations of all Resource Selection Probability unoccupied units proposed in this five subpopulations identified in the Functions modeling (Johnson et al. designation. original listing rule continue to remain 2005) (i.e., contains habitat with the occupied today. Criteria Used To Identify Critical PCEs and additional, more specific Current population estimates of the Habitat characteristics that allow for a range of Sierra Nevada bighorn sheep in 2006 We propose to designate critical the subspecies’ biological needs, such as indicate 350 to 400 individuals occur habitat in areas that we have determined sites for feeding); were occupied at the time of listing and throughout its range (Wehausen and (4) Areas where there is potential for that contain sufficient PCEs to support Stephenson 2006, p. 7); this is an reoccupation by the subspecies, either life history functions essential for the increase from the 125 individuals through natural means of dispersal from conservation of the subspecies and may estimated at the time of listing (65 FR currently occupied areas or by future re- require special management 20; January 3, 2000). Current individual introduction efforts; and considerations or protection. Some herd numbers in the different (5) Areas that are geographically lands contain only a portion of the PCEs subpopulations range from 8 to 113 separated from currently occupied units necessary to support the particular use individuals (Wehausen and Stephenson by approximately 0.5 to 8 mi (0.8 to 12.9 of that habitat during that portion of the 2006, p. 7). Current occupancy of these km) to provide redundancy of habitat in life process. We propose to designate herd units is supported by agency the event of a natural catastrophe critical habitat on some specific reports (Wehausen and Stephenson removing habitat (PCEs) from currently unoccupied areas outside of the 2004, pp. 2–10; 2005, pp. 2–6; 2006, pp. occupied units. geographical area occupied by the 2–6), status reports (Wehausen 1999, pp. The designation of these unoccupied subspecies at the time of listing, but 1–7; 2000, pp. 1–6), and monthly CDFG areas would decrease the degree of these areas were historically occupied, monitoring reports based on GPS/ fragmentation within the current and we have determined that they are telemetry/monitoring data collected geographic distribution of the Sierra essential for the conservation of the during 2001 through 2006. We have Nevada bighorn sheep. We believe that subspecies. determined that the areas occupied at the designation of these additional areas In our analysis, we reviewed existing the time of listing continue to be is essential for the conservation of the data to determine the distribution of occupied, contain features essential to subspecies because: areas occupied by the subspecies at the the conservation of the subspecies (1) Population increases, either time of listing. We also reviewed (possess one or more PCEs such that the through natural means or available information related to the area supports one or more of the Sierra reintroductions into the additional habitat requirements of the subspecies. Nevada bighorn sheep’s life processes), units, are expected to increase the We used information from literature and provide sufficient habitat to protect viability of the herds within occupied cited in the final listing rule (65 FR 20; these populations. areas as well as the existence of the January 3, 2000), the recovery plan, site We further propose to designate Sierra Nevada bighorn sheep as a whole records, reports prepared by CDFG, and critical habitat on lands that were (i.e., increase the likelihood of other published scientific literature. historically occupied by the Sierra persistence at the local population level We used the following criteria to Nevada bighorn sheep, but were not and of this subspecies rangewide); select areas occupied by the Sierra occupied at the time of listing and are (2) The Sierra Nevada bighorn sheep Nevada bighorn sheep at the time of not currently occupied. These areas is recognized as a unique subspecies listing for inclusion in critical habitat: were all historically occupied within (Wehausen and Ramey 2000, p. 156; (a) Those areas occupied by the Sierra the past 90 years (Jones 1950, pp. 33– Wehausen et al. 2005, p. 217), and the Nevada bighorn sheep at the time of 35) and are essential to the conservation additional units will serve to decrease listing (1999–2000) as indicated in the of the subspecies. Based on the best the degree of fragmentation of the final listing rule (65 FR 20; January 3, available information, we have current geographic distribution of the 2000). In the final rule, we identified determined that without protection and sheep (i.e., increase connectivity five subpopulations of Sierra Nevada management of these unoccupied areas, between areas known to be currently bighorn sheep that existed: (1) Lee conservation of the subspecies will not occupied). Fragmented distribution Vining Canyon (=Mount Warren, Mt. be possible. across the landscape reduces the Gibbs Herd Units), (2) Wheeler Crest We applied each of the following connectivity between subpopulations. If (=Wheeler Ridge Herd Unit), (3) Mount criteria to select areas historically small populations are isolated and Baxter (=Sawmill Canyon, Mount Baxter occupied, but not known to be occupied remain small, there is an increased risk Herd Units), (4) Mount Williamson at the time of listing by the Sierra of genetic drift and risk to persistence

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due to naturally occurring events (1) We believe that the 12 units we groups tend to be geographically (Gilpin and Soule 1986, pp. 25, 33). propose for critical habitat would segregated, and these groups can be Maintenance of genetic variation is provide the necessary habitat and area defined by separate home range important in reducing inbreeding to insure the viability and long-term patterns. The existing herds provided depression and the ability to respond to survival of the Sierra Nevada bighorn information related to home range and environmental changes over time sheep at the local and subspecies levels habitat use patterns. Low elevation especially in small populations as well as provide for sufficient winter range habitat is an important, (Schwartz et al. 1986, pp. 180–186; resiliency, representation and and an apparently limiting, factor in the Lande 1988, pp. 1456–1457). redundancy; Sierra Nevada that occurs in disjunct Establishing additional units/ (2) There is uncertainty whether patches. We defined unit boundaries subpopulations in unoccupied areas viable Sierra Nevada bighorn sheep around those patches and would fill in range gaps between the herds can become established in the geographically connected habitat that other occupied units/subpopulations. proposed Twin Lakes, Green Creek, and provides visually open habitat on All of the unoccupied units lie within Coyote Ridge Herd Unit areas due to the steeper slopes (Wehausen 2006, p.1). 8 mi (12.9 km) of an occupied area. This lack of historic evidence regarding the We also considered, factors such as would reduce migration distances and number of animals that may have knowledge of the range of elevations increase the opportunity for genetic occurred in these areas and/or our used by Sierra Nevada bighorn sheep, exchange between the subpopulations. limited understanding of the availability topographic features known to be The addition of these unoccupied units and connectivity between foraging needed by the subspecies, sighting would ensure the full geographic habitats in these areas. Thus, there is a records, published literature, and the distribution of the Sierra Nevada question as to whether there is a expertise of bighorn sheep biologists of bighorn sheep is represented; and potential for reoccupation by the the local conditions (high elevation, (3) The current overall population subspecies, either through natural snow-free winter habitat; lower size of the Sierra Nevada bighorn sheep means of dispersal or by future re- elevation, south or east-facing habitat; is small, and it must increase to insure introduction efforts. As a result, the visual openness; and high elevation, the long-term survival of this subspecies three proposed herd unit areas do not summer habitat) during boundary in the Sierra Nevada, as small meet our criteria number 4 for delineation. In addition, a Resource populations are more vulnerable to identification of critical habitat outlined Selection Probability Functions model extinction (Meffe and Carroll 1994, pp. above. Therefore, the proposed Twin for winter and summer habitat was 190–197; Shaffer 1987, pp. 71–73). Lakes, Green Creek, and Coyote Ridge developed that can quantitatively While the occupied units provide Herd Unit areas are not considered evaluate habitat conditions (Johnson et habitat for current populations, essential for recovery; and al. 2005). This modeling effort was used (3) Bighorn sheep were discovered in additional units would provide habitat to support and refine unit boundaries the Bubbs Creek Herd Unit in 2001 and for population growth either through (Wehausen 2006, p. 2) which contain were likely a result of a recent natural means or through re- the PCEs and additional, more specific colonization. That herd unit is west of introductions. Population increase in characteristics. The model included the crest of the Sierra Nevada where the additional units would assist in variables such as: elevation, slope, snowfall is much greater than the east reducing the risk of extinction of the aspect, hillshade, terrain ruggedness, side of the range. Because there are no subspecies through stochastic events, distance to escape terrain, and such as wildfire, disease (Miller et al. historical records of bighorn sheep vegetation to determine visibility 1991, pp. 534–540; Martin et al. 1996, winter ranges in the Bubbs Creek area, (Johnson et al. 2005, pp. 8–9). Pixels pp. 72, 74; Bunch et al. 1999, pp. 209– there is uncertainty as to the long-term (smallest element of an image that can 237), or avalanches (Torres et al. 1996, viability of this herd unit. Consequently be individually processed in a video p. 28), as the current isolated the Bubbs Creek Herd Unit is not display system) in the study area that populations are few in number and considered essential for recovery. received a relative winter and summer small in size and at risk from such Further, the concern for disease probability of use value in the 90–100 stochastic events. Establishing transmission from domestic sheep to percent quartile were considered winter additional subpopulations, increasing a Sierra Nevada bighorn sheep is reduced and summer ranges. Each unit boundary subpopulation’s size, and increasing the by not including the unoccupied herd overall distribution of subpopulations units as essential to the recovery of the surrounds the areas we consider to be across the landscape are fundamental in subspecies. Twin Lakes and Green winter and summer range, as well as reducing the significance of losing any Creek overlap with portions of a few areas necessary to provide connectivity single subpopulation. currently active domestic sheep between these ranges. These boundary We have determined that the allotment boundaries. Bubbs Creek and lines translate onto the ground by proposed but unoccupied Twin Lakes, Coyote Ridge Herd Units do not occur roughly following elevation and Green Creek, and Coyote Ridge Herd near any domestic sheep allotments. geomorphic features. As one progresses Unit areas, as identified in the draft We delineated polygon boundaries for from south to north along the Sierra recovery plan (Service 2003), are not each unit proposed for critical habitat Nevada, the low elevation of the units essential for the conservation of the designation within the Sierra Nevada increases. The elevation of the boundary Sierra Nevada bighorn sheep. During the bighorn sheep’s historic range and lines begins at a low of 4,000 ft (1,219 recovery team’s continuing efforts to around areas occupied at the time of m) for Unit 12 (Olancha Peak) at the finalize the draft recovery plan, an listing, or known to have been southern end of the Sierra Nevada. From additional herd unit, Bubbs Creek, is to historically occupied and considered this unit northward, the remaining units be included in the recovery plan due to essential for the conservation of the begin at a low elevation of 4,500 ft bighorn sheep occupying this area subspecies. We based our consideration (1,372 m) or higher. (Wehausen and Stephenson 2004, p. 5; of boundary delineation on the When determining proposed critical Benz 2007, p. 1). These four herd units knowledge that bighorn sheep are habitat boundaries for this proposed are considered not essential for the naturally philopatric and fit a rule, we made every effort to avoid following reasons: metapopulation model. Separate female including developed areas such as lands

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covered by buildings, paved areas, and benefits of inclusion as discussed in enhancements, such as prescribed other structures that lack PCEs for the section 4(b)(2) of the Act. There are no burning, or enabling ‘‘let burn’’ policies, Sierra Nevada bighorn sheep. The scale existing operative HCPs that meet our helps to provide open habitats. Opening of the maps prepared under the issuance criteria within the areas up habitat will help to reduce predation parameters for publication within the proposed for designation as critical by decreasing the effectiveness of Code of Federal Regulations may not habitat. ambushing from predators (such as reflect the exclusion of such developed mountain lions) from cover. Providing Special Management Considerations or areas. Any such structures and the land more open habitat will allow more Protections under them inadvertently left inside opportunity for connectivity among critical habitat boundaries shown on the When designating critical habitat, we herd units and likely promote greater maps of this proposed rule have been assess whether the areas that we gene flow to conserve genetic diversity. excluded by text in the proposed rule determined to be occupied at the time According to Johnson et al. (2005, p. and are not proposed for designation as of listing and that contain the features 34), all of the herd units would benefit critical habitat. Therefore, Federal that are essential to the conservation of from forest reduction in winter range; actions limited to these areas would not the subspecies and which may require those units that would benefit the most trigger section 7 consultation, unless special management considerations or are Units 8 and 10. Thus, the PCEs in they may affect the species or primary protection. As described in more detail all of the units occupied at the time of constituent elements in adjacent critical in the unit descriptions below, we find listing (Units 1, 2, 4, 6, 7, 8, and 10) may habitat. that the PCEs within the units occupied require special management We propose to designate critical at the time of listing (Units 1, 2, 4, 6, considerations or protection to reverse habitat on lands that we have 7, 8, and 10) may require special the impacts of fire suppression. determined were occupied at the time of management considerations or There is limited development within listing that contain the primary protection due to threats to the Sierra Sierra Nevada bighorn sheep habitat constituent elements that support life Nevada bighorn sheep or its habitat. All because most habitat occurs on Federal history functions essential for the of these units occur almost exclusively lands; however, there is some conservation of the subspecies (7 units) on Federal lands managed by the Forest recreational development (e.g., resorts). that may require special management Service, National Park Service, and the There are several paved and unpaved considerations or protection, and Bureau of Land Management. roads that access Federal lands within additional areas not occupied at the Management considerations and Sierra Nevada bighorn sheep habitat. time of listing that we have determined protection may include review of For example, State Highway 120 is to be essential to the conservation of the various activities proposed in Sierra located primarily between Units 1 and subspecies (5 units). The 12 units that Nevada bighorn sheep habitat requiring 2, but some sections lie within Unit 1. we propose as critical habitat a permit from these agencies. These Bighorn sheep have been killed due to encompass about 417,577 ac (168,992 activities can include habitat collisions with vehicles on this road (65 ha) within Tuolumne, Mono, Fresno, enhancement projects to reverse fire FR 28; January 3, 2000). State Routes Inyo, and Tulare counties, California. suppression effects, development 158 and 190 occur in or adjacent to The proposed units contain habitat that activities, livestock grazing, mining portions of Unit 2 and Unit 10, supports biological and population-level actions, and recreational activities. In respectively. The PCE’s in Units 1, 2, 4, functions of the Sierra Nevada bighorn addition, because all of the herds are and 10 require special management sheep. A brief discussion of each unit relatively small, management actions to considerations or protection to address proposed as critical habitat is provided protect Sierra Nevada bighorn sheep the impacts from development in the unit descriptions below. habitat from catastrophic, naturally activities, including road construction Units both occupied and unoccupied occurring events (e.g., wildfires, disease, and maintenance within Sierra Nevada at the time of listing are proposed for avalanches) may be necessary. bighorn sheep habitat. designation based on sufficient PCEs Fire suppression can modify the Management of domestic sheep and being present to support Sierra Nevada structure of Sierra Nevada bighorn goat grazing practices that result in bighorn sheep life processes. Some units sheep habitat by allowing taller overgrazing or allow for contact between contain all PCEs and support multiple vegetation, such as trees, to become these domestic species and Sierra life processes. Some units contain only established, resulting in cover for Nevada bighorn sheep is a threat. a portion of the PCEs necessary to predators. Mountain lions, a primary Although die-offs of bighorn sheep due support the Sierra Nevada bighorn predator of Sierra Nevada bighorn to disease have occurred unrelated to sheep’s particular use of that habitat. sheep, use vegetative cover and terrain domestic sheep (Miller et al. 1991, pp. Section 10(a)(1)(B) of the Act to conceal themselves prior to attacks. 534–540), a major contributing factor authorizes us to issue permits for the Fires may have burned more frequently responsible for the decline of Sierra take of listed species incidental to in the past in bighorn sheep habitat. Old Nevada bighorn sheep populations over otherwise lawful activities. An ground and aerial photographs show the years is thought to be the incidental take permit application must habitats in the eastern Sierra Nevada introduction of diseases by domestic be supported by a habitat conservation had little vegetation tall enough to livestock (Sierra Nevada Bighorn Sheep plan (HCP) that identifies conservation obstruct the vision of bighorn sheep; Interagency Advisory Group 1997, p. 5; measures that the permittee agrees to pinyon pine woodlands have mostly 65 FR 25, January 3, 2000). Clifford et implement to minimize and mitigate the developed since 1860 (Miller and al. (2007, p. 18) indicate concern for the impacts of the taking on the species. We Tausch 2001, pp. 15–16). Continued probability of a respiratory disease case often exclude from designated critical suppression of fires in Sierra Nevada occurring from disease transmission habitat, under section 10(a)(1)(B) of the bighorn sheep range is a threat, as between domestic sheep and Sierra Act, non-Federal public lands and habitat succession alters the abundance Nevada bighorn sheep, especially in the private lands that are covered by an of suitable bighorn sheep habitat and northern part of bighorn sheep range. existing operative HCP and executed increases bighorn sheep vulnerability to Grazing allotments within the vicinity implementation agreement (IA) because mountain lion predation (Torres et al. of Sierra Nevada bighorn sheep habitat the benefits of exclusion outweigh the 1996, p. 29). Performing habitat should be reviewed and activities

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modified as necessary to prevent Elder 1979, p. 914; Wehausen 1980, pp. areas include the Virginia Lakes, Lundy competition and contact between the 200–201; MacArthur et al. 1982, p. 356; Lake, Saddlebag Lake, and Lee Vining two species. These modifications could Papouchis et al. 2001, pp. 579–580). Canyon recreational areas associated include such variables as the number of Additional investigations are needed to with Unit 1; Lee Vining Canyon domestic sheep allowed on an identify areas of conflict as situations associated with Unit 2; the Rock Creek allotment, where the domestic sheep arise where the increased presence of recreational area associated with Unit 4; may graze on an allotment, and the humans could be detrimental to the Baxter Pass and Onion Valley length and timing of the grazing period. Sierra Nevada bighorn sheep or its recreational area associated with Unit 7; These variables can assist in reducing habitat. These areas of use could be and the Whitney Portal and Trailhead resource competition as well as a means displacing Sierra Nevada bighorn sheep and the Cottonwood Lakes recreational to reduce contact between the two from important habitats. areas associated with Units 8 and 10. species. The PCEs within Units 1, 2, and Increases in human uses of bighorn 4 may require special management sheep habitat, including recreational Management actions to protect Sierra considerations or protection to address activities such as rock and ice climbing, Nevada bighorn sheep habitat from the potential impacts of sheep and goat mountaineering, ski touring, hiking, catastrophic, naturally occurring events grazing within Sierra Nevada bighorn camping, and pack station may be necessary. Events such as sheep habitat. establishment, may disturb Sierra wildfire and avalanches could Patented mining claims occur within Nevada bighorn sheep in key areas. This temporarily destroy large areas that habitat used by the Sierra Nevada could result in abandonment of these provide summer or winter foraging bighorn sheep, but the acreage is small. areas or disruption of feeding and cause habitat. Mining activities and associated reduced nutrient intake. A cost in Proposed Critical Habitat Designation facilities threaten bighorn sheep by biological energetics could also occur causing the loss of vegetation structure due to flight. These losses could We are proposing 12 units as critical required for foraging activities; the translate into reduced reproductive habitat for the Sierra Nevada bighorn destruction of habitats used for escape, success. Impacts to the habitat could sheep. The critical habitat areas bedding, lambing, or connectivity occur through trampling and reduced described below constitute our best between ranges; or the possible vegetation structure due to grazing by current assessment of areas determined disturbance of due to ongoing mining pack animals. The presence of dogs to be occupied at the time of listing, that activities. Disturbance could modify accompanying recreationists is also a meet the definition of critical habitat for bighorn sheep behavior or cause them to concern in bighorn sheep habitat as the Sierra Nevada bighorn sheep, and flee an area. Mining occurs within the dogs may cause strong alarm reactions those additional areas that were not habitat of Sierra Nevada bighorn sheep by bighorn sheep (MacArthur et al. occupied at the time of listing but were in Unit 4. These mines are underground, 1982, p. 356). found to be essential to the conservation The PCEs within the units occupied at thus reducing some impacts of habitat of the Sierra Nevada bighorn sheep. The the time of listing (Units 1, 2, 4, 6, 7, loss. PCEs within this unit may require 12 areas designated as critical habitat special management considerations or 8, and 10) may require special are: Mount Warren, Mount Gibbs, protection to address mining and management considerations or Convict Creek, Wheeler Ridge, Taboose associated facility development impacts protection to protect Sierra Nevada Creek, Sawmill Canyon, Mount Baxter, within Sierra Nevada bighorn sheep bighorn sheep and its habitats from Mount Williamson, Big Arroyo, Mount habitat. recreational activities. While recreation It remains unclear how significantly could be a threat factor throughout an Langley, Laurel Creek, and Olancha Sierra Nevada bighorn sheep may be occupied herd unit, it is more likely in Peak. affected by human disturbance (Jones some portions of units due to their The approximate area encompassed 1950, pp. 71–72; Dunaway 1971, p. 19; inclusion of these higher use areas or within each proposed critical habitat Wehausen et al. 1977, p. 31; Hicks and their proximity to these areas. These unit is shown in Table 2.

TABLE 2.—PROPOSED CRITICAL HABITAT UNITS FOR SIERRA NEVADA BIGHORN SHEEP [Area estimates reflect all land within critical habitat unit boundaries]

Size of unit in acres Critical habitat unit Land ownership by type (Hectares)

1. Mount Warren ...... Federal ...... 35,279 (14,277) Private ...... 568 (230) Local Government ...... 165 (67) 2. Mount Gibbs ...... Federal ...... 29,702 (12,020) 3. Convict Creek ...... Federal ...... 36,497 (14,770) Private ...... 17 (7) 4. Wheeler Ridge ...... Federal ...... 80,568 (32,605) Private ...... 398 (161) 5. Taboose Creek ...... Federal ...... 28,805 (11,657) 6. Sawmill Canyon ...... Federal ...... 30,508 (12,346) 7. Mount Baxter ...... Federal ...... 32,198 (13,030) Private ...... 22 (9) 8. Mount Williamson ...... Federal ...... 32,560 (13,177) 9. Big Arroyo ...... Federal ...... 24,987 (10,112) 10. Mount Langley ...... Federal ...... 32,845 (13,292) 11. Laurel Creek ...... Federal ...... 22,037 (8,918) 12. Olancha Peak ...... Federal ...... 30,421 (12,311)

Subtotal ...... Federal ...... 416,407 (168,518)

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TABLE 2.—PROPOSED CRITICAL HABITAT UNITS FOR SIERRA NEVADA BIGHORN SHEEP—Continued [Area estimates reflect all land within critical habitat unit boundaries]

Size of unit in acres Critical habitat unit Land ownership by type (Hectares)

Private ...... 1,005 (407) Local Gov’t ...... 165 (67)

Grand Total* ...... 417,577 (168,992) *Columns may not sum exactly due to rounding of values.

TABLE 3.—OCCUPANCY OF SIERRA NEVADA BIGHORN SHEEP BY PROPOSED CRITICAL HABITAT UNITS.

Occupied at time of Size of unit in acres Unit listing? Currently occupied? (Hectares)

1. Mount Warren ...... Yes ...... Yes ...... 36,013 (14,574) 2. Mount Gibbs ...... Yes ...... Yes ...... 29,702 (12,020) 3. Convict Creek ...... No ...... No ...... 36,514 (14,777) 4. Wheeler Ridge ...... Yes ...... Yes ...... 80,966 (32,766) 5. Taboose Creek ...... No ...... No ...... 28,805 (11,657) 6. Sawmill Canyon ...... Yes ...... Yes ...... 30,508 (12,346) 7. Mount Baxter ...... Yes ...... Yes ...... 32,220 (13,039) 8. Mount Williamson ...... Yes ...... Yes ...... 32,560 (13,177) 9. Big Arroyo ...... No ...... No ...... 24,987 (10,112) 10. Mount Langley ...... Yes ...... Yes ...... 32,845 (13,292) 11. Laurel Creek ...... No ...... No ...... 22,037 (8,918) 12. Olancha Peak ...... No ...... No ...... 30,421 (12,311)

*Total ...... 417,578 (168,992) *Columns may not sum exactly due to rounding of values.

We present brief descriptions of all Unit 1: Mount Warren 5–7) and is currently occupied with a units, and reasons why they meet the Unit 1 consists of approximately minimum population estimate of 26 definition of critical habitat for Sierra 36,013 ac (14,574 ha) in Tuolumne and individuals (Wehausen and Stephenson Nevada bighorn sheep, below. Mono Counties. Unit 1 is generally 2006, p. 7). Unit 1 contains all of the Universal Transverse Mercator (UTM) located within an area bounded on the features essential to the conservation of coordinates and more precise legal east by U.S. Highway 395 (located about the Sierra Nevada bighorn sheep. It descriptions of each unit are provided 1 mi (1.6 km) away), on the south by contains a range of vegetation types, and in the Proposed Regulation State Route 120, on the north by Green steep, rocky terrain which provides for Promulgation section. Creek and on the west by the ridge foraging (summer and winter), mating, Sierra Nevada bighorn sheep connecting Ragged Peak in the south to lambing, predator avoidance, and throughout their range utilize a range of Camiaca Peak in the north. It is located bedding and allows for seasonal elevations from about 4,790 ft (1,460 m) northwest of the town of Lee Vining. elevational movements (PCE 1 and PCE to above 14,100 ft (4,300 m) (Wehausen Land ownership within the unit 2) (Service 2003, pp. 3–7; Johnson et al. 1980, pp. 3, 82). As described in the includes approximately 35,279 ac 2005, pp. 4–14, 31–32, 34, 37–38) and ‘‘Criteria Used To Identify Critical (14,277 ha) of Federal land, 165 ac (67 mineral licks (PCE 3) (Chow 1992, p. Habitat’’ section above, the Service used ha) of Los Angeles Department of Water 52). This unit has good high-and-low modeling to further refine and clarify and Power lands, and 568 ac (230 ha) elevation winter habitat in the area our knowledge of those areas that may of other private land. The Federal land north of Lee Vining Canyon. Mount be essential to the conservation of the is administered by the Humboldt- Warren has a minimum winter range subspecies. Based on these modeling Toiyabe and Inyo National Forests, elevation of about 7,546 ft (2,300 m), efforts, Sierra Nevada bighorn sheep Yosemite National Park, and Bureau of while Tioga Crest has this type of habitat is known to be available as low Land Management. habitat at 9,515 ft (2,900 m). In the as elevation 4,000 ft (1,219 m) in the Unit 1 begins at a low elevation of Lundy Canyon area there is good low- southern portion of its range (Johnson et about 7,500 ft (2,286 m) on the eastern elevation south-facing winter range near al. 2005). Within this elevational range, slope and rises to about 12,000 ft (3,658 8,038 ft (2,450 m). Dunderberg Peak can a variety of vegetation communities m) on the west. It encompasses some provide large areas free of snow in the occur including from lowest to highest, areas from 12,000 to over 14,000 ft winter. It does not connect to low- sagebrush-bitterbrush-bunchgrass scrub; (3,658 to 4,267 m). It is the elevation winter range but does connect pinyon-juniper woodland and mountain northernmost unit proposed for critical to summer range in Lundy Canyon; mahogany scrub; mid-elevation and habitat designation for the Sierra visual winter range condition is mixed subalpine, meadows, forests, and Nevada bighorn sheep. This unit was to open (Service 2003, pp. 112, 114). woodlands; and alpine meadows and occupied at the time of listing (65 FR 20, PCEs within unit 1 may require other habitats from cliffs to plateaus January 3, 2000; Wehausen 1996, p. 477; special management considerations or (Service 2003, p. 3). All units contain Sierra Nevada Bighorn Sheep protection to ameliorate the threats of one or more of these habitat types in Interagency Advisory Group 1997, pp. overgrazing and the possible occurrence varying amounts. 6–7; Wehausen 1999, pp. 6, 8; 2000, pp. of disease transmission due to the

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proximity of this unit to Forest Service minimum elevation of 2,775 m (9,105 ft) lambing, predator avoidance, and grazing allotments (Clifford et al. 2007, around Mount Gibbs, 8,859 ft (2,700 m) bedding and allows for seasonal pp. 13–14). Additionally, the PCEs around Mount Lewis, and 7,546 ft elevational movements (PCE 1 and PCE within this unit may require special (2,300 m) around Mount Wood; visual 2) (Service 2003, pp. 3–7; Johnson et al. management considerations or winter range condition is open (Service 2005, pp. 4–14, 31–32, 34, 37–38). protection to reverse the impacts of fire 2003, p. 112). The south-facing side of Mineral licks (PCE 3) may or may not suppression which would provide more Mount Lewis is steep and supports little occur in this unit. This unit contains open habitat and potentially reduce snow in winter. The slopes above Silver south-facing winter habitat above predation, and for recreation (e.g., Lake offer low-elevation east-facing Convict Lake that descends down to Virginia Lakes, Lundy Lake, Lee Vining winter range to 7,599 ft (2,316 m). This 7,874 ft (2,400 m). This habitat is Canyon) and development activities area may provide birthing habitat in connected to high-elevation windswept (Sections of State Highway 120 are spring during some years (Service 2003, patches on Laurel and Bloody located in this unit). Furthermore, PCEs p. 115). Mountains. McGee Mountain has south- within unit 1 may require special PCEs within unit 2 may require facing winter habitat down to about management considerations or special management considerations or 8,005 ft (2,440 m) but only a small protection in the form of avalanche protection to ameliorate the threats of amount of high-elevation habitat. control to protect against catastrophic overgrazing and the possible occurrence Nevahbe Ridge has windblown habitat events. of disease transmission due to the but it is east-facing and occurs down to proximity of this unit to Forest Service 8,530 ft (2,600 m) (Service 2003, pp. Unit 2: Mount Gibbs grazing allotments (Clifford et al. 2007, 112, 116). Visual winter range condition Unit 2 consists of approximately pp. 13–14). Additionally, PCEs within is open (Service 2003, p. 112). 29,702 ac (12,020 ha) in Tuolumne and this unit may require special While this unit was not occupied at Mono Counties. Unit 2 is generally management considerations or the time of listing, Sierra Nevada bounded on the north by State Route protection to reverse the impacts of fire bighorn sheep occupied the area 120 with U.S. Highway 395 located suppression which would provide more historically (Ober 1931, p. 32; Jones approximately 4 mi (6.4 km) to the east. open habitat and potentially reduce 1950, p. 40; Buechner 1960, p. 69; Route 158 lies along a portion of the predation, and for recreation (e.g., Lee Barrett 1965, p. 43; Dunaway 1971, p 19; southeastern boundary of this unit. The Vining Canyon) and development Wehausen et al. 1987 p.66; Wehausen unit is bounded on the west, in part, by activities (Sections of State Highway 1988a, p. 100). This unit is essential to Lyell Canyon. It is immediately south of 120 is located along the northern the conservation of the Sierra Nevada Unit 1 (Mount Warren) and is located boundary of this unit; Route 158 lies bighorn sheep for, increasing the southwest of the town of Lee Vining. along a portion of the southeastern number of herds to reduce the Land ownership within the unit boundary of this unit). Furthermore, significance of losing any particular includes approximately 29,702 ac PCEs within unit 2 may require special herd, increasing population viability, (12,020 ha) of Federal land. Federal land management considerations or decreasing the degree of fragmentation is administered by the Inyo National protection in the form of avalanche of the current geographic distribution Forest and Yosemite National Park. control to protect against catastrophic between this unit and Units 4 (Wheeler Unit 2 begins at a low elevation of events. Ridge) and 2 (Mount Gibbs), increasing about 7,500 ft (2,286 m) on the eastern opportunities for genetic exchange Unit 3: Convict Creek slope and rises to 9,000 to 12,000 ft between these units, and increasing (2,743–3,658 m) on the west. It Unit 3 consists of approximately overall herd numbers to reduce encompasses areas from 12,000 to over 36,514 ac (14,777 ha) in Mono and extinction risk from stochastic events. 14,000 ft (3,658–4,267 m). Unit 2 was Fresno Counties. Unit 3 is generally Conservation of this unit is necessary to occupied at the time of listing (65 FR 20, located within an area bounded on the achieve the long-term viability of this January 3, 2000; Wehausen 1996, p. 477; northeast by U.S. Highway 395 (located subspecies within its range. Sierra Nevada Bighorn Sheep about 2 mi (3.2 km) away), by Fish Interagency Advisory Group 1997, pp. Creek and the boundary between Inyo Unit 4: Wheeler Ridge 6–7; Wehausen 1999, pp. 7–8; 2000, pp. and Sierra National Forests on the west, Unit 4 consists of approximately 6–7) and is currently occupied, with a and by Mono Creek on the south. This 80,966 ac (32,766 ha) in Fresno, Inyo, minimum population estimate of 8 unit is located about 3 mi (4.8 km) south and Mono Counties. Unit 4 is generally individuals (Wehausen and Stephenson of the town of Mammoth Lakes. Land located within an area bounded by U.S. 2006, p. 7). Unit 2 contains all of the ownership within the unit includes Highway 395 (located about 5 to 17 mi features essential to the conservation of approximately 36,497 ac (14,770 ha) of (8 to 27.4 km) to the east), by Evolution the Sierra Nevada bighorn sheep. It Federal land and 17 ac (7 ha) of private Creek on the south, by Pavilion Dome, contains a range of vegetation types, and land. Federal land is administered by Pilot Nob, and Mills Creek on the west, steep, rocky terrain which provides for the Inyo and Sierra National Forests. and by Mono Creek on the north. This foraging (summer and winter), mating, Unit 3 begins at a low elevation of unit is located about 12 mi (19.3 km) lambing, predator avoidance, and about 7,500 ft (2,286 m) and rises to west of the town of Bishop. Land bedding and allows for seasonal about 10,500 to 12,000 ft (3,200–3,658 ownership within the unit includes elevational movements (PCE 1 and PCE m). The unit encompasses areas from approximately 80,568 ac (32,605 ha) of 2) (Service 2003, pp. 3–7; Johnson et al. 12,000 to over 14,000 ft (3,658–4,267 Federal land and 398 ac (161 ha) of 2005, pp. 4–14, 31–32, 34, 37–38) and m). This unit was not occupied at the private land. Federal land is mineral licks (PCE 3) (Chow 1992, p. time of listing and is not currently administered by the Inyo and Sierra 52). An area between Mount Dana and occupied, but is essential to the National Forests, Kings Canyon National Mount Wood provides considerable conservation of the Sierra Nevada Park, and the Bureau of Land high-elevation habitat that is blown free bighorn sheep. The unit contains a Management. of snow in the winter and connects to range of vegetation types, and steep, Unit 4 begins at a low elevation of south-facing slopes that decline to lower rocky terrain which provides for about 5,500 ft (1,676 m) on the eastern elevations. Winter habitat occurs at a foraging (summer and winter), mating, slope and rises to about 12,000 ft (3,658

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m) on the west. It encompasses Taboose Creek. U.S. Highway 395 is Unit 6: Sawmill Canyon numerous areas from 12,000 to over about 8.5 mi (13.7 km) to the east, and Unit 6 consists of about 30,508 ac 14,000 ft (3,658–4,267 m). This unit was Marion and Observation Peaks are (12,346 ha) in Fresno and Inyo Counties. occupied at the time of listing (65 FR 20, located to the west. This unit is located Unit 6 is generally located within an January 3, 2000; Wehausen 1996, p. 477; about 5 mi (8 km) southwest of the town area bounded on the east by U.S. Sierra Nevada Bighorn Sheep of Big Pine. Land ownership within the Highway 395 (located about 3 mi (4.8 Interagency Advisory Group 1997, pp. unit includes approximately 28,805 ac km) away), on the south by Unit 7 6–7; Wehausen 1999, pp. 5–6, 8; 2000, (11,657 ha) of Federal land. Federal land (Mount Baxter) and Sawmill Pass and pp. 3–5, 7) and is currently occupied is administered by the Inyo National Creek, on the west by Woods Creek and with a minimum population estimate of Forest and Kings Canyon National Park. the South Fork of Woods Creek, and on 113 individuals (Wehausen and Unit 5 begins at a low elevation of the north by Taboose Creek. Land Stephenson 2006, p. 7). Unit 4 contains about 6,000 ft (1,829 m) on the eastern ownership within the unit includes features that are essential to the approximately 30,508 ac (12,346 ha) of conservation of the Sierra Nevada slope and rises to 12,000 to over 14,000 Federal land. Federal land is bighorn sheep. The unit contains a ft (3,658–4,267 m) on the west. This unit administered by the Inyo National range of vegetation types, and steep, was not occupied at the time of listing Forest and Kings Canyon National Park. rocky terrain which provides for and is not currently occupied, but is Unit 6 begins at a low elevation of foraging (summer and winter), mating, essential to the conservation of the about 4,500 ft (1,372 m) on the eastern lambing, predator avoidance, and Sierra Nevada bighorn sheep. The unit slope and rises to about 10,500 to 12,000 bedding and allows for seasonal contains a range of vegetation types, and ft (3,200–3,658 m). It encompasses a few elevational movements (PCE 1 and PCE steep, rocky terrain which provides for areas from 12,000 to over 14,000 ft 2) (Service 2003, pp. 3–7; Johnson et al. foraging (summer and winter), mating, 2005, pp. 4–14, 31–32, 34, 37–38) and lambing, predator avoidance, and (3,658–4,267 m). Unit 6 was occupied at mineral licks (PCE 3, Stephenson 2007, bedding and allows for seasonal the time of listing (65 FR 20, January 3, p.1). The area around Wheeler Ridge elevational movements (PCE 1 and PCE 2000; Wehausen 1996, p. 477; Sierra provides minimum winter habitat at 2) (Service 2003, pp. 3–7; Johnson et al. Nevada Bighorn Sheep Interagency 5,578 ft (1,700 m) and is visually open 2005, pp. 4–14, 31–32, 34, 37–38). Advisory Group 1997, pp. 6–7; (Service 2003, p. 112). Mount Tom is Mineral licks (PCE 3) may or may not Wehausen 1999, pp. 4–5, 8; 2000, pp. 3, located south of Wheeler Ridge and occur in this unit. High windblown 7) and is currently occupied with a provides an open winter visual areas (9,187 ft (2,800 m)) occur on Birch minimum population estimate of 36 condition and winter habitat at a and Kid Mountains that may support individuals (Wehausen and Stephenson minimum elevation of 6,398 ft (1,950 m) bighorn sheep. There appears to be 2006, p. 7). Unit 6 has features that are in Elderberry Canyon (Service 2003, p. limited low-elevation south- or east- essential to the conservation of the 112, 115–116). High-elevation winter facing habitat unless animals move Sierra Nevada bighorn sheep. It contains habitat is extensive on the west side of south to Red Mountain or Taboose a range of vegetation types, and steep, Mount Tom’s north ridge. Narrow ridges Creeks. Taboose Creek offers patches of rocky terrain which provides for on the south side can be snow free. high-elevation winter habitat and south- foraging (summer and winter), mating, Between Basin Mountain and Mount facing low-elevation habitat where it lambing, predator avoidance, and Humphreys, the plateau remains snow occurs as low as 6,398 ft (1,950 m). The bedding and allows for seasonal free and is accessible to sheep traveling northeast side of Kid Mountain provides elevational movements (PCE 1 and PCE ridge lines from Mount Tom by Four some low habitat near 7,218 ft (2,200 m) 2) (Service 2003, pp. 3–7; Johnson et al. Gables and along the crest. (Service 2003, pp. 113, 118). The winter 2005, pp. 4–14, 31–32, 34, 37–38). It is PCEs within unit 4 may require range visual condition is open in these not known if mineral licks (PCE 3) occur special management considerations or areas (Service 2003, p. 113). on this unit. Unit 6 provides foraging protection to ameliorate the threats of habitat at the northern boundary near overgrazing and the possible occurrence While this unit was not occupied at Mount Pinchot (Service 2003, p. 118). In of disease transmission due to the the time of listing, Sierra Nevada addition, minimum elevations of winter proximity of this unit to Forest Service bighorn sheep occupied the area habitat occur in the Goodale Creek area grazing allotments (Clifford et al. 2007, historically (Ober 1914, p. 125; Jones at 6,890 ft (2,100 m) and in the Sawmill pp. 13–14). Additionally, PCEs within 1950, p. 38; Buechner 1960, 69; Creek area at 4,922 ft (1,500 m); winter this unit may require special Dunaway 1971 p. 19; Wehausen et al. visual condition is open (Service 2003, management considerations or 1987 p.66; Wehausen 1988a, p. 101; p. 113). protection to reverse the impacts of fire Berger 1990, p.94). This unit is essential PCEs within unit 6 may require suppression which would provide more to the conservation of the Sierra Nevada special management considerations or open habitat and potentially reduce bighorn sheep for increasing the number protection to reverse the impacts of fire predation. Finally, PCEs within unit 4 of herds to reduce the significance of suppression which would provide more may require special management losing any particular herd, increasing open habitat and potentially reduce considerations or protection for the population viability, decreasing the predation. Unit 6 PCEs also may require threats due to mining, development, and degree of fragmentation of the current special management considerations or recreation (e.g., Pine Creek area) and geographic distribution between this protection for threats due to recreation, avalanche control may be needed to unit and Units 6 (Sawmill Canyon) and and avalanche control may be needed to protect against catastrophic events. 4 (Wheeler Ridge), increasing protect against catastrophic events. opportunities for genetic exchange Unit 5: Taboose Creek between these units, and increasing Unit 7: Mount Baxter Unit 5 consists of approximately overall herd numbers to reduce Unit 7 consists of approximately 28,805 ac (11,657 ha) in Inyo and Fresno extinction risk from stochastic events. 32,220 ac (13,039 ha) in Fresno and Inyo Counties. Unit 5 is generally located Conservation of this unit is necessary to Counties. Unit 7 is generally located within an area bounded on the north by achieve the long-term viability of this within an area bounded on the east by Big Pine Creek and on the south by subspecies within its range. U.S. Highway 395 (located about 3 mi

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(4.8 km) away), on the south by Bubbs open habitat and potentially reduce probability of equal to or greater than 10 Creek and the Road 13S17 to predation. PCEs within unit 7 also may percent use if forests were reduced by Independence, on the west by Mount require special management burning (Johnson et al. 2005, p. 34). Bago, Gardiner Lakes, and Mount considerations or protection for threats Furthermore, PCEs within unit 8 also Clarence King, and on the north by Unit due to recreation (e.g., Baxter Pass and may require special management 6 (Sawmill Canyon) and Sawmill Pass Onion Valley), and avalanche control considerations or protection for threats and Creek. This unit is located about 6 may be needed to protect against due to recreation (e.g., Whitney Portal mi (9.7 km) west of the town of catastrophic events. and Trailhead), and avalanche control Independence. Land ownership within may be needed to protect against Unit 8: Mount Williamson the unit includes approximately 32,198 catastrophic events. ac (13,030 ha) of Federal land and 22 ac Unit 8 consists of about 32,560 ac Unit 9: Big Arroyo (9 ha) of private land. Federal land is (13,177 ha) in Inyo and Tulare Counties. administered by the Inyo National Unit 8 is generally located within an Unit 9 consists of approximately Forest and Kings Canyon National Park. area bounded on the east by U.S. 395 24,987 ac (10,112 ha) in Tulare County. Unit 7 begins at a low elevation of (located about 9 mi (14.5 km) away), on Unit 9 is generally located within an about 4,500 ft (1,372 m) on the eastern the south by Tulainyo Lake, on the west area bounded on the east by the Kern slope and rises to about 10,500 to 12,000 by the Kern River (located about 3.5 River, on the north by Kern-Kaweah ft (3,200–3,658 m) on the west. It miles (5.6 km) away), and on the north River, Junction Meadow, and Wallace encompasses areas from 12,000 to over by Road 13S17 to Independence about Creek area, and on the west and south 14,000 ft (3,658–4,267 m). Unit 7 was 1.5 mi (2.4 km) away. This unit is by the Big Arroyo Creek. Land occupied at the time of listing (65 FR 20, located southwest of the town of ownership within the unit includes January 3, 2000; Wehausen 1996, p. 477; Independence and northwest of the approximately 24,987 ac (10,112 ha) of Sierra Nevada Bighorn Sheep town of Lone Pine. Land ownership Federal land. Federal land is Interagency Advisory Group 1997, pp. within the unit includes approximately administered by Sequoia National Park. 6–7; Wehausen 1999, pp. 3–4, 8; 2000, 32,560 ac (13,177 ha) of Federal land. Unit 9 begins at a low elevation of pp. 2–3, 7) and is currently occupied Federal land is administered by the Inyo about 6,500 ft (1,981 m) on the eastern with a minimum population estimate of National Forest and Sequoia and Kings slope and rises to about 12,000 ft (3,658 69 individuals (Wehausen and Canyon National Parks. m) on the west. The northern boundary Stephenson 2006, p. 7). Unit 7 contains Unit 8 begins at a low elevation of encompasses areas from 12,000 to over features that are essential to the about 6,000 ft (1,829 m) on the eastern 14,000 ft (3,658–4,267 m). This unit was conservation of the Sierra Nevada slope and rises to 12,000 to over 14,000 not occupied at the time of listing and bighorn sheep. It contains a range of ft (3,658–4,267 m) on the west. Unit 8 is not currently occupied, but is vegetation types, and steep, rocky was occupied at the time of listing (65 essential to the conservation of Sierra terrain which provides for foraging FR 20, January 3, 2000; Wehausen 1996, Nevada bighorn sheep. The unit (summer and winter), mating, lambing, p. 477; Sierra Nevada Bighorn Sheep contains a range of vegetation types, and predator avoidance, and bedding and Interagency Advisory Group 1997, pp. steep, rocky terrain which provides for allows for seasonal elevational 6–7; Wehausen 1999, pp. 2–3, 8; 2000, foraging (summer and winter), mating, movements (PCE 1 and PCE 2) (Service pp. 1–2, 7) and is currently occupied lambing, predator avoidance, and 2003, pp. 3–7; Johnson et al. 2005, pp. with a minimum population estimate of bedding and allows for seasonal 4–14, 31–32, 34, 37–38) and mineral 20 individuals (Wehausen and elevational movements (PCE 1 and PCE licks (PCE 3) (Jones 1950, p. 63; Hicks Stephenson 2006, p. 7). Unit 8 contains 2) (Service 2003, pp. 3–7; Johnson et al. and Elder 1979, p. 911). This unit features that are essential to the 2005, pp. 4–14, 31–32, 34, 37–38). It is provides foraging habitat along the conservation of the Sierra Nevada not known if mineral licks (PCE 3) are ridges and in drainages of Mount Baxter. bighorn sheep. The unit contains a located within this unit. This unit Minimum elevations of winter habitat in range of vegetation types, and steep, contains no high-elevation wind-swept the Thibaut-Sand Mountain area occur rocky terrain which provides for areas (Service 2003, p. 121). Winter at 5,003 ft (1,525 m), and in the Onion foraging (summer and winter), mating, habitat is provided at a minimum Valley area at 7,546 ft (2,300 m); winter lambing, predator avoidance, and elevation of 6,890 ft (2,100 m) with a visual condition is open (Service 2003, bedding and allows for seasonal mixed visual condition due to scattered p. 113). elevational movements (PCE 1 and PCE trees (Service 2003, pp. 113, 121). From In addition to containing the features 2) (Service 2003, pp. 3–7; Johnson et al. the upper end of the Big Arroyo essential to the conservation of the 2005, pp. 4–14, 31–32, 34, 37–38). It is drainage, sheep could find access to Sierra Nevada bighorn sheep, Unit 7 has not known if mineral licks (PCE 3) occur alpine habitat on Kaweah Peaks. additional conservation value as it in this unit. The Shepherd Creek-Pinyon While this unit was not occupied at served as a source population, due to its Creek area in this unit offers winter the time of listing, Sierra Nevada size and productivity, for habitat at a minimum elevation of 6,808 bighorn sheep occupied the area reintroductions to the Wheeler Crest ft (2,075 m); the George Creek-North historically (Jones 1950, p 35; Buecher area (1979, 1980, 1982, 1986, 1988), Bairs Creek provides this habitat at 1960, p. 69; Barrett 1965, p. 43; Mount Langley (1980 and 1982), and 6,234 ft (1,900 m) (Service 2003, p. 113). Riegelhuth 1965, p. 35; Wehausen Lee Vining Canyon area (1986, 1988) The winter visual condition is mixed 1988b, p. 100). This unit is essential to (Sierra Nevada Bighorn Sheep (Service 2003, p. 113). the conservation of the Sierra Nevada Interagency Advisory Group 1997, p. 6). PCEs within unit 8 may require bighorn sheep for increasing the number Individuals from this population may be special management considerations or of herds to reduce the significance of used for future translocations within the protection to reverse the impacts of fire losing any particular herd, increasing range. suppression which would provide more population viability, decreasing the PCEs within unit 7 may require open habitat and potentially reduce degree of fragmentation of the current special management considerations or predation. This unit could provide an geographic distribution between this protection to reverse the impacts of fire estimated additional 1,433 ac (5.8 km2) unit and Units 10 (Mount Langley) and suppression which would provide more of winter range with a relative 8 (Mount Williamson), increasing

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opportunities for genetic exchange 10,000 ft (3,048 m) (Service 2003, pp. historically (Buechner 1960 p. 69; between these units, and increasing 119–120). Barrett 1965, p. 43; Wehausen 1988b, p. overall herd numbers to reduce PCEs within unit 10 may require 100). This unit is essential to the extinction risk from stochastic events. special management considerations or conservation of the Sierra Nevada Conservation of this unit is necessary to protection to reverse the impacts of fire bighorn sheep for increasing the number achieve the long-term viability of this suppression which would provide more of herds to reduce the significance of subspecies within its range. open habitat and potentially reduce losing any particular herd, increasing predation. This unit could provide an population viability, decreasing the Unit 10: Mount Langley estimated additional 1,161 ac) (4.7 km 2) degree of fragmentation of the current Unit 10 consists of approximately of winter range with a relative geographic distribution between this 32,845 ac (13,292 ha) in Inyo and Tulare probability of equal to or greater than 10 unit and Unit 10 (Mount Langley), Counties. Unit 10 is generally located percent use if forests were reduced by increasing opportunities for genetic within an area bounded on the east by burning (Johnson et al. 2005, p. 34). exchange between these units, and Route 190 located from immediately PCEs within unit 10 also may require increasing overall herd numbers to adjacent to the unit to 7 mi (11.3 km) special management considerations or reduce extinction risk from stochastic away, on the south by Muah Mountain, protection for threats due to recreation events. Conservation of this unit is on the west by Cirque Peak and Perrin (e.g., Whitney Portal and Trailhead), necessary to achieve the long-term Creek area, and on the north by Lone and development (Route 190 crosses a viability of this subspecies within its Pine Creek. This unit is located about 7 portion of this unit). Furthermore, PCEs range. within unit 10 may require special mi (11.3 km) southwest of the town of Unit 12: Olancha Peak Lone Pine. Land ownership within the management considerations or unit includes approximately 32,845 ac protection in the form of avalanche Unit 12 consists of approximately (13,292 ha) of Federal land. Federal land control to protect against catastrophic 30,421 ac (12,311 ha) in Tulare and Inyo is administered by the Inyo National events. Counties. Unit 12 is generally located Forest, Sequoia National Park, and Unit 11: Laurel Creek within an area bounded on the east by Bureau of Land Management. U.S. Highway 395, on the south by Falls Unit 11 consists of approximately Unit 10 begins at a low elevation of 22,037 ac (8,918 ha) in Tulare County. and Walker Creeks, on the west by about 4,500 ft (1,372 m) on the eastern Unit 11 is generally located within an portions of the Pacific Crest National slope and rises to 9,000 to 12,000 ft area bounded on the east by the Kern Scenic Trail, and on the north by Muah (2,743–3,658 m) on the west side. It River, on the south by Pistol, Laurel, Mountain. This unit is located west of encompasses areas between 12,000 and and Golden Trout Creeks, on the west the towns of Cartago and Olancha. Land 14,000 ft (3,658–4,267 m). Unit 10 was by a portion of Little Kern River, and on ownership within the unit includes occupied at the time of listing (65 FR 20, the north by Soda Creek. Land approximately 30,421 ac (12,311 ha) of January 3, 2000; Wehausen 1996, p. 477; ownership within the unit includes Federal land. Federal land is Sierra Nevada Bighorn Sheep approximately 22,037 ac (8,918 ha) of administered by the Inyo National Interagency Advisory Group 1997, pp. Federal land. Federal land is Forest and Bureau of Land Management. 6–7; Wehausen 1999, pp. 1–2, 8; 2000, administered by the Sequoia National Unit 12 begins at a low elevation of pp. 1, 7) and is currently occupied with Forest and Sequoia National Park. about 4,000 ft (1,219 m) on the eastern a minimum population estimate of 90 Unit 11 begins at a low elevation of slope and rises to about 9,000 to 10,500 individuals (Wehausen and Stephenson about 6,500 ft (1,981 m) on the eastern ft (2,743–3,200 m) on the west. It is the 2006, p. 7). Unit 10 contains features slope and rises to 10,500 to 12,000 ft southernmost unit proposed for critical that are essential to the conservation of (3,200–3,658 m) on the west. It includes habitat designation for the Sierra the Sierra Nevada bighorn sheep. The a few small areas from 12,000 to over Nevada bighorn sheep. This unit was unit contains a range of vegetation 14,000 ft (3,658–4,267 m). This unit was not occupied at the time of listing and types, and steep, rocky terrain which not occupied at the time of listing and is not currently occupied, but is provides for foraging (summer and is not currently occupied, but is essential to the conservation of the winter), mating, lambing, predator essential to the conservation of Sierra Sierra Nevada bighorn sheep. The unit avoidance, and bedding and allows for Nevada bighorn sheep. The unit contains a range of vegetation types, and seasonal elevational movements (PCE 1 contains a range of vegetation types, and steep, rocky terrain which provides for and PCE 2) (Service 2003, pp. 3–7; steep, rocky terrain which provides for foraging (summer and winter), mating, Johnson et al. 2005, pp. 4–14, 31–32, 34, foraging (summer and winter), mating, lambing, predator avoidance, and 37–38). It is not known if mineral licks lambing, predator avoidance, and bedding and allows for seasonal (PCE 3) occur in this unit. The unit bedding and allows for seasonal elevational movements (PCE 1 and PCE provides low elevation (5,742 ft (1,750 elevational movements (PCE 1 and PCE 2) (Service 2003, pp. 3–7; Johnson et al. m)) mixed winter range in the Carroll 2) (Service 2003, pp. 3–7; Johnson et al. 2005, pp. 4–14, 31–32, 34, 37–38). It is Creek-Turtle Creek area. It also provides 2005, pp. 4–14, 31–32, 34, 37–38). It is not known if mineral licks (PCE 3) occur low-elevation (4,757 ft) (1,450 m), open unknown whether mineral licks (PCE 3) within this unit. This unit provides winter range in the Slide Canyon- occur in this unit. This unit contains no bighorn sheep habitat in the areas of Cottonwood Creek area (Service 2003, high-elevation wind-swept areas Ash, Braley, Cartago, Olancha, and Falls pp. 113, 119). From this area it is (Service 2003, p. 121). Winter habitat is Creeks. Carago, Olancha and Falls thought bighorn sheep could cross a provided at a minimum elevation of Creeks connect by Olancha Canyon to short distance of the open south-facing 6,808 ft (2,075 m) with a mixed visual Olancha Peak (12,123 ft) (3,695 m) forest by Wonoga Peak to access the condition due to scattered trees (Service which provides some alpine summer large open plateau country. It is also 2003, pp. 113, 121). Laurel Creek habitat (southernmost in the Sierra possible that bighorn sheep using the provides access to summer range. Nevada) (Service 2003, p. 120). Winter Cottonwood Creek area use summer While this unit was not occupied at range occurs as open, low-elevation range to the southeast of the Kern the time of listing, Sierra Nevada (4,757 ft (1,450 m)), south-facing slopes Plateau where elevations are about bighorn sheep occupied the area (Service 2003, pp. 113, 120).

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While this unit was not occupied at Federal agency to maximize its the destruction or adverse modification the time of listing, Sierra Nevada opportunity to adequately consider of critical habitat, we also provide bighorn sheep occupied the area species proposed for listing and reasonable and prudent alternatives to historically (Jones 1950, p. 39; proposed critical habitat and to avoid the project, if any are identifiable. We Wehausen et al. 1987, p. 66; Wehausen potential delays in implementing the define ‘‘Reasonable and prudent 1988a, p. 101). This unit is essential to proposed action because of the section alternatives’’ at 50 CFR 402.02 as the conservation of the Sierra Nevada 7(a)(2) compliance process, should we alternative actions identified during bighorn sheep for increasing the number list those species or designate the consultation that: of herds to reduce the significance of critical habitat. • Can be implemented in a manner losing any particular herd, increasing We may provide advisory consistent with the intended purpose of population viability, decreasing the conservation recommendations to assist the action, degree of fragmentation of the current the agency in eliminating conflicts that • Can be implemented consistent geographic distribution between this the proposed action may cause. We may with the scope of the Federal agency’s unit and Unit 10 (Mount Langley), conduct either an informal or a formal legal authority and jurisdiction, increasing opportunities for genetic conference. We typically use an • Are economically and exchange between these units, and informal conference if the proposed technologically feasible, and increasing overall herd numbers to action is not likely to have any adverse • Would, in the Director’s opinion, reduce extinction risk from stochastic effects to the species proposed for avoid jeopardy to the listed species or events. Conservation of this unit is listing or proposed critical habitat. We destruction or adverse modification of necessary to achieve the long-term typically use formal conferences when critical habitat. we or the Federal agency believes the viability of this subspecies within its Reasonable and prudent alternatives can proposed action is likely to cause range. vary from slight project modifications to adverse effects to species proposed for extensive redesign or relocation of the Effects of Critical Habitat Designation listing or proposed critical habitat, project. Costs associated with inclusive of those that may cause Section 7 Consultation implementing a reasonable and prudent jeopardy or adverse modification. Section 7 of the Act requires Federal We generally provide the results of an alternative are similarly variable. agencies, including the Service, to informal conference in a conference Regulations at 50 CFR 402.16 require ensure that actions they fund, authorize, report, while we provide the results of Federal agencies to reinitiate or carry out are not likely to destroy or a formal conference in a conference consultation on previously reviewed adversely modify critical habitat. opinion. We typically prepare actions in instances where we have Decisions by the 5th and 9th Circuit conference opinions on proposed listed a new species or subsequently Court of Appeals have invalidated our critical habitat according to 50 CFR designated critical habitat that may be definition of ‘‘destruction or adverse 402.14, as if the proposed critical affected and the Federal agency has modification’’ (50 CFR 402.02) (see habitat were already designated. We retained discretionary involvement or Gifford Pinchot Task Force v. U.S. Fish may adopt the conference opinion as the control over the action (or the agency’s and Wildlife Service, 378 F.3d 1059 (9th biological opinion when the critical discretionary involvement or control is Cir. 2004) and Sierra Club v. U.S. Fish habitat is designated, if no substantial authorized by law). Consequently, some and Wildlife Service et al., 245 F.3d 434, new information or changes in the Federal agencies may request 442F (5th Cir. 2001)), and we do not rely action alter the content of the opinion reinitiation of consultation with us on on this regulatory definition when (see 50 CFR 402.10(d)). As noted above, actions for which formal consultation analyzing whether an action is likely to any conservation recommendations in a has been completed, if those actions destroy or adversely modify critical conference report or opinion are strictly may affect subsequently listed species habitat. Under current national policy advisory. or designated critical habitat or and the statutory provisions of the Act, If a species is listed or critical habitat adversely modify or destroy proposed we determine destruction or adverse is designated, section 7(a)(2) of the Act critical habitat. modification on the basis of whether, requires Federal agencies to ensure that Federal activities that may affect the with implementation of the proposed activities they authorize, fund, or carry Sierra Nevada bighorn sheep or its Federal action, the affected critical out are not likely to jeopardize the designated critical habitat will require habitat would remain functional (or continued existence of the species or to section 7 consultation under the Act. retain the current ability for the primary destroy or adversely modify its critical Activities on state, tribal, local or constituent elements to be functionally habitat. If a Federal action may affect a private lands requiring a Federal permit established) to serve the intended listed species or its critical habitat, the (such as a permit from the U.S. Army conservation role for the species. responsible Federal agency (action Corps of Engineers under section 404 of Section 7(a)(4) of the Act requires agency) must enter into consultation the Clean Water Act (33 U.S.C. 1251 et Federal agencies to confer with us on with us. As a result of this consultation, seq.) or a permit from us under section any action that is likely to jeopardize we document compliance with the 10(a)(1)(B) of the Act) or involving some the continued existence of a species requirements of section 7(a)(2) through other Federal action (such as funding proposed for listing under the Act or our issuance of: from the Federal Highway result in destruction or adverse (1) A concurrence letter for Federal Administration, Federal Aviation modification of proposed critical actions that may affect, but are not Administration, or the Federal habitat. This is a procedural likely to adversely affect, listed species Emergency Management Agency) are requirement only. However, once a or critical habitat; or also subject to the section 7 consultation species proposed for listing becomes (2) A biological opinion for Federal process. Federal actions not affecting listed, or proposed critical habitat is actions that are likely to adversely affect listed species or critical habitat, and designated as final, the full prohibitions listed species or critical habitat. actions on State, Tribal, local or private of section 7(a)(2) apply to any Federal When we issue a biological opinion lands that are not federally funded, action. The primary utility of the concluding that a project is likely to authorized, or permitted, do not require conference procedures is to allow a result in jeopardy to a listed species or section 7 consultations.

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Application of the ‘‘Adverse alter current foraging activities of Sierra descriptions or within Table 3. Under Modification’’ Standard Nevada bighorn sheep. section 7 of the Act, Federal agencies (3) Actions that would result in the already consult with us on activities in The analytical framework described significant expansion of tall, dense areas currently occupied by the Sierra in the Director’s December 9, 2004, vegetation such as timber within Nevada bighorn sheep, or if the memorandum will be used to complete bighorn sheep habitat. Such activities subspecies may be affected by the section 7(a)(2) analysis for Federal could include, but are not limited to, action, to ensure that their actions do actions affecting Sierra Nevada bighorn fire suppression. These activities could not jeopardize the continued existence sheep critical habitat. The key factor allow expansion of vegetation cover of the Sierra Nevada bighorn sheep. related to the adverse modification such that movement patterns of bighorn determination is whether, with sheep are altered by avoidance of these Application of Section 4(b)(2) of the Act implementation of the proposed Federal areas. Tall, dense vegetation provides Section 4(b)(2) of the Act states that action, the affected critical habitat cover for predators such as the the Secretary must designate and revise would continue to serve its intended mountain lion, a common predator of critical habitat on the basis of the best conservation role for the species, or Sierra Nevada bighorn sheep. available scientific data after taking into would retain its current ability for the (4) Actions that would create consideration the economic impact, primary constituent elements to be significant barriers to movement. Such impact on national security, and any functionally established. Activities that activities could include, but are not other relevant impact, of specifying any may destroy or adversely modify critical limited to, road construction, and resort particular area as critical habitat. The habitat are those that alter the PCEs to or campground facility development or Secretary may exclude an area from an extent that appreciably reduces the expansion. These activities could critical habitat if he determines that the conservation value of critical habitat for interfere with movement within and benefits of such exclusion outweigh the Sierra Nevada bighorn sheep. Generally, between habitats reducing the benefits of specifying such area as part the conservation role of Sierra Nevada availability of habitat for foraging, of the critical habitat, unless he bighorn sheep critical habitat units is to breeding, reproduction, sheltering, and determines, based on the best scientific support viable core area populations. rearing of offspring. These activities data available, that the failure to Section 4(b)(8) of the Act requires us could also reduce opportunities for designate such area as critical habitat to briefly evaluate and describe in any movement between existing will result in the extinction of the proposed or final regulation that populations. Dispersal and interaction species. In making that determination, designates critical habitat, those between populations could be affected, the Congressional record is clear that activities involving a Federal action that restricting gene flow and jeopardizing the Secretary has broad discretion may destroy or adversely modify such the integrity of the gene pool. Road regarding which factor(s) to use and habitat, or that may be affected by such construction can result in the direct how much weight to give to any factor. designation. mortality of individuals through Under section 4(b)(2) of the Act, in considering whether to exclude a Activities that, when carried out, collisions with vehicles. particular area from the designation, we funded, or authorized by a Federal (5) Actions that would significantly degrade habitat or cause a disturbance must identify the benefits of including agency, may affect critical habitat and to Sierra Nevada bighorn sheep. Such the area in the designation, identify the therefore should result in consultation activities could include, but are not benefits of excluding the area from the for Sierra Nevada bighorn sheep limited to, recreational activities, such designation, and determine whether the include, but are not limited to: as off-road vehicle use, hiking, camping, benefits of exclusion outweigh the (1) Actions that would significantly rock climbing, and outfitter guides and benefits of inclusion. If we consider an reduce ongoing management and pack animal expeditions. These exclusion then we must determine conservation efforts that benefit the activities could impact the quality and whether excluding the area would result Sierra Nevada bighorn sheep on public quantity of forage across landscape or in the extinction of the species. lands. Such activities could include, but displace animals from key foraging In the following sections, we address are not limited to, the sale, exchange, or areas. These activities could also impact a number of general issues that are lease of lands managed by the United the accessibility to key habitats such as relevant to the exclusions we are States Forest Service (USFS) or other escape terrain, breeding sites, or considering. In addition, we are Federal agency. These activities could lambing areas. If animals flee these areas conducting an economic analysis of the reduce the amount of space that is as a result of these activities, energy is impacts of the proposed critical habitat available for individual and population expended which can negatively impact designation and related factors, which growth and normal behavior, as well as the animal’s body condition, resulting will be available for public review and reduce or eliminate the number and in possible reduced reproductive comment when it is complete. Based on extent of sites for foraging, breeding, success. public comment on that document, the reproduction, and rearing of offspring. We consider all of the units proposed proposed designation itself, and the These activities could also reduce the as critical habitat to contain features information in the final economic opportunities available to Federal essential to the conservation of the analysis, the Secretary may exclude agencies to exercise their section 7(a)(1) Sierra Nevada bighorn sheep, including from critical habitat additional areas responsibilities to carry out programs to those units which were not occupied at beyond those identified in this conserve listed species. the time of listing. All units are within assessment under the provisions of (2) Actions that would significantly the historic geographic range of the section 4(b)(2) of the Act. This is also reduce the availability of or accessibility subspecies, and those units which were addressed in our implementing to summer and winter ranges. Such not occupied at the time of listing have regulations at 50 CFR 242.19. activities could include, but are not been determined to be essential for the Currently, we are aware of four limited to, grazing, mining, and road conservation of the Sierra Nevada documents related to the conservation construction activities. These activities bighorn sheep. Detailed descriptions of and recovery of the Sierra Nevada could degrade, reduce, fragment or the units and their occupancy status can bighorn sheep. We reviewed these eliminate available foraging resources or be found in each of the Unit documents, but we are not currently

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proposing the exclusion of lands range, maintain the health of existing final rule based on the information in covered by them for reasons indicated herds by not allowing an increase in the economic analysis. below. These documents include the livestock use if disease transmission Peer Review Sierra Nevada Bighorn Sheep Recovery was shown to be harmful to bighorn and Conservation Plan (Sierra Nevada sheep, and prohibit the conversion of In accordance with our joint policy Bighorn Sheep Interagency Advisory livestock type from cattle to sheep on or published in the Federal Register on Group 1984), the Bighorn Sheep adjacent to existing or approved July 1, 1994 (59 FR 34270), we are Management Plan (National Park reintroduction sites for the bighorn obtaining the expert opinions of at least Service 1986), the Inyo National Forest sheep. three appropriate and independent Resource & Management Plan (U.S. The Inyo National Forest also specialists regarding this proposed rule. Forest Service 1988), and A established two California Bighorn The purpose of peer review is to ensure Conservation Strategy for Sierra Nevada Sheep Zoological Areas for the Mount that our critical habitat designation is Bighorn Sheep (Sierra Nevada Bighorn Baxter and Mount Williamson herds. based on scientifically sound data, Sheep Interagency Advisory Group These areas totaled 4,505 acres (1,823 assumptions, and analyses. We have 1997). All of these documents were hectares) in addition to existing invited these peer reviewers to comment prepared prior to the emergency listing wilderness lands (36,235 acres (14,664 during this public comment period on of the Sierra Nevada bighorn sheep in hectares)) occupied by bighorn sheep. In our specific assumptions and 1999. 1981, forest officials issued Order No. conclusions in this proposed 04–81–3, which prohibited entrance The goal of the Sierra Nevada Bighorn designation of critical habitat. into these areas without a valid visitor Sheep Recovery and Conservation Plan We will consider all comments and use permit, and restricted entrance into (Sierra Bighorn Sheep Interagency information we receive during this closed portions of the zoological areas Advisory Group 1984, pp. 1–2) was to comment period on this proposed rule during certain time periods, and the improve the status of the Sierra Nevada during our preparation of a final presence of dogs, or the discharge of bighorn sheep by (1) maintaining the determination. Accordingly, our final firearms unless taking a game animal health and viability of existing decision may differ from this proposal. legally permitted by the State of populations, and by promoting the California (U.S. Forest Service 1981, p. Public Hearings establishment of at least 3 populations 1). Exemptions were allowed for certain that exceeded 100 animals and were The Act provides for one or more individuals and duties/activities. This public hearings on this proposal, if we geographically distant from one another; order was issued during a time when (2) restoring bighorn sheep to former receive any requests for hearings. Per recreational use was thought to be 4(b)(5)(e), a request for hearing must be ranges within the Sierra Nevada where having a detrimental impact on the ecologically, economically, and received within 45 days of publication Mount Baxter and Mount Williamson of the proposal. We will schedule public politically feasible and where favorable herds. to their success; and (3) ensuring genetic hearings on this proposal, if any are While these plans were prepared to requested, and announce the dates, integrity by using only bighorn from assist in the restoration and recovery existing Sierra Nevada populations to times, and places of those hearings in and habitat protection of the Sierra the Federal Register and local restock historic ranges. Conservation Nevada bighorn sheep, they were recommendations made in A newspapers at least 15 days before the written prior to the listing of this first hearing. Conservation Strategy for Sierra Nevada subspecies, which occurred in 1999 and Bighorn Sheep (Sierra Nevada Bighorn 2000, and they generally offer only Required Determinations Sheep Interagency Advisory Group guidance and recommendations related Clarity of the Rule 1997, pp. 11–14) related to restoration of to translocations, research, monitoring, the Sierra Nevada bighorn sheep in a education, and habitat management Executive Order 12866 (Regulatory distribution that assures long-term with little specificity of actions to be Planning and Review) requires each viability and reestablishment implemented. The guidance provided in agency to write regulations and notices throughout its native range and these documents and the recreational that are easy to understand. We invite included preservation of current prohibitions in the California Bighorn your comments on how to make this populations, predator control, fire (let Sheep Zoological Areas did not provide proposed rule easier to understand, burn policy), grazing by domestic sheep sufficient, nor necessarily appropriate, including answers to questions such as and goats, genetic diversity, protections, to the Sierra Nevada the following: (1) Are the requirements reintroductions and augmentations, and bighorn sheep or its habitat to prevent in the proposed rule clearly stated? (2) research and monitoring. The goal of the its listing under the Act. Does the proposed rule contain Bighorn Sheep Management Plan technical jargon that interferes with the (National Park Service 1986, pp. 1–2) Economic Analysis clarity? (3) Does the format of the was to restore and perpetuate bighorn We are preparing an analysis of the proposed rule (grouping and order of sheep and to protect the integrity of the economic impacts of proposing critical the sections, use of headings, ecosystem. Management was directed habitat for the Sierra Nevada bighorn paragraphing, and so forth) aid or toward restoring and maintaining sheep. We will announce the reduce its clarity? (4) Is the description populations of bighorn sheep for availability of the draft economic of the notice in the SUPPLEMENTARY ecological, scientific, educational, analysis as soon as it is completed, at INFORMATION section of the preamble aesthetic, and recreational values. The which time we will seek public review helpful in understanding the proposed Inyo National Forest’s Land & Resource and comment. At that time, copies of rule? (5) What else could we do to make Management Plan (U.S. Forest Service the draft economic analysis will be this proposed rule easier to understand? 1988, pp. 101–102) provided guidance available for downloading from the Send a copy of any comments on how to maintain existing sheep habitat, Internet at http://www.fws.gov/nevada, we could make this proposed rule easier expand the range of bighorn sheep by or by contacting the Nevada Fish and to understand to: Office of Regulatory transplanting animals into suitable Wildlife Office directly (see ADDRESSES Affairs, Department of the Interior, unoccupied habitats within the historic section). We may exclude areas from the Room 7229, 1849 C Street, NW.,

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Washington, DC 20240. You may e-mail nevada, or at the Nevada Fish and distribution, and use. E.O. 13211 your comments to this address: Wildlife Office (see ADDRESSES). requires agencies to prepare Statements [email protected]. of Energy Effects when undertaking Regulatory Flexibility Act certain actions. While this proposed Regulatory Planning and Review Under the Regulatory Flexibility Act rule to designate critical habitat for the In accordance with Executive Order (RFA; 5 U.S.C. 601 et seq., as amended Sierra Nevada bighorn sheep is a (E.O.) 12866, this document is a by the Small Business Regulatory significant regulatory action under E.O. significant rule in that it may raise novel Enforcement Fairness Act (SBREFA) of 12866 in that it may raise novel legal legal and policy issues, but we do not 1996), whenever an agency must and policy issues, we do not expected anticipate that it will have an annual publish a notice of rulemaking for any it to significantly affect energy supplies, effect on the economy of $100 million proposed or final rule, it must prepare distribution, or use. Therefore, this or more or affect the economy in a and make available for public comment action is not a significant energy action, material way. Due to the tight timeline a regulatory flexibility analysis that and no Statement of Energy Effects is for publication in the Federal Register, describes the effects of the rule on small required. However, we will further the Office of Management and Budget entities (small businesses, small evaluate this issue as we conduct our (OMB) has not formally reviewed this organizations, and small government economic analysis, and review and rule. In order to determine the economic jurisdictions). However, no regulatory revise this assessment as warranted. consequences of designating the specific flexibility analysis is required if the head of the agency certifies the rule will Unfunded Mandates Reform Act (2 area as critical habitat we are preparing U.S.C. 1501 et seq.) a draft economic analysis of this not have a significant economic impact proposed action, which will be available on a substantial number of small In accordance with the Unfunded for public comment. This economic entities. SBREFA amended RFA to Mandates Reform Act (2 U.S.C. 1501 et analysis also will be used to determine require Federal agencies to provide a seq.), we make the following findings: (a) This rule will not produce a compliance with E.O. 12866, the statement of the factual basis for Federal mandate. In general, a Federal Regulatory Flexibility Act, the Small certifying that the rule will not have a mandate is a provision in legislation, Business Regulatory Enforcement significant economic impact on a statute, or regulation that would impose Fairness Act, E.O. 12630, E.O. 13211, substantial number of small entities. At this time, we lack the available an enforceable duty upon State, local, or and E.O. 12875. economic information necessary to Tribal governments, or the private Further, E.O. 12866 directs Federal provide an adequate factual basis for the sector, and includes both ‘‘Federal agencies promulgating regulations to required RFA finding. Therefore, we intergovernmental mandates’’ and evaluate regulatory alternatives (OMB, defer the RFA finding until completion ‘‘Federal private sector mandates.’’ Circular A–4, September 17, 2003). of the draft economic analysis prepared These terms are defined in 2 U.S.C. Under Circular A–4, once an agency under section 4(b)(2) of the Act and E.O. 658(5)–(7). ‘‘Federal intergovernmental determines that the Federal regulatory 12866. This draft economic analysis will mandate’’ includes a regulation that action is appropriate, the agency must provide the required factual basis for the ‘‘would impose an enforceable duty consider alternative regulatory RFA finding. Upon completion of the upon State, local, or tribal governments’’ approaches. Since the determination of draft economic analysis, we will with two exceptions. It excludes ‘‘a critical habitat is a statutory announce availability of the draft condition of Federal assistance.’’ It also requirement under the Act we must economic analysis of the proposed excludes ‘‘a duty arising from then evaluate alternative regulatory designation in the Federal Register and participation in a voluntary Federal approaches, where feasible, when reopen the public comment period for program,’’ unless the regulation ‘‘relates promulgating a designation of critical the proposed designation. We will to a then-existing Federal program habitat. include with this announcement, as under which $500,000,000 or more is In developing our designations of appropriate, an initial regulatory provided annually to State, local, and critical habitat, we consider economic flexibility analysis or a certification that tribal governments under entitlement impacts, impacts to national security, the rule will not have a significant authority,’’ if the provision would and other relevant impacts pursuant to economic impact on a substantial ‘‘increase the stringency of conditions of section 4(b)(2) of the Act. Based on the number of small entities accompanied assistance’’ or ‘‘place caps upon, or discretion allowable under this by the factual basis for that otherwise decrease, the Federal provision, we may exclude any determination. We have concluded that Government’s responsibility to provide particular area from the designation of deferring the RFA finding until funding,’’ and the State, local, or Tribal critical habitat providing that the completion of the draft economic governments ‘‘lack authority’’ to adjust benefits of such exclusion outweigh the analysis is necessary to meet the accordingly. At the time of enactment, benefits of specifying the area as critical purposes and requirements of the RFA. these entitlement programs were: habitat and that such exclusion would Deferring the RFA finding in this Medicaid; AFDC work programs; Child not result in the extinction of the manner will ensure that we make a Nutrition; Food Stamps; Social Services species. As such, we believe that the sufficiently informed determination Block Grants; Vocational Rehabilitation evaluation of the inclusion or exclusion based on adequate economic State Grants; Foster Care, Adoption of particular areas, or a combination of information and provide the necessary Assistance, and Independent Living; both constitutes our regulatory opportunity for public comment. Family Support Welfare Services; and alternative analysis for designations. Child Support Enforcement. ‘‘Federal We will announce the availability of Energy Supply, Distribution, or Use private sector mandate’’ includes a the draft economic analysis in the On May 18, 2001, the President issued regulation that ‘‘would impose an Federal Register and in local an Executive Order (E.O. 13211; enforceable duty upon the private newspapers so that it is available for ‘‘Actions Concerning Regulations That sector, except (i) a condition of Federal public review and comments. The draft Significantly Affect Energy Supply, assistance or (ii) a duty arising from economic analysis will also be available Distribution, or Use’’) on regulations participation in a voluntary Federal on the Internet at http://www.fws.gov/ that significantly affect energy supply, program.’’

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The designation of critical habitat with appropriate State resource agencies (48 FR 49244). This assertion was does not impose a legally binding duty in California. The designation of critical upheld by the Circuit Court of the on non-Federal Government entities or habitat in areas currently occupied by United States for the Ninth Circuit private parties. Under the Act, the only the Sierra Nevada bighorn sheep (Douglas County v. Babbitt, 48 F.3d regulatory effect is that Federal agencies imposes no additional restrictions to 1495 (9th Cir. 1995), cert. denied 516 must ensure that their actions do not those currently in place and, therefore, U.S. 1042 (1996)). destroy or adversely modify critical has little incremental impact on State habitat under section 7. While non- and local governments and their Government-to-Government Federal entities that receive Federal activities. The designation may have Relationship with Tribes funding, assistance, or permits, or that some benefit to these governments in In accordance with the President’s otherwise require approval or that the areas that contain the features memorandum of April 29, 1994, authorization from a Federal agency for essential to the conservation of the ‘‘Government-to-Government Relations an action, may be indirectly impacted subspecies are more clearly defined, and with Native American Tribal by the designation of critical habitat, the the primary constituent elements of the Governments’’ (59 FR 22951), E.O. legally binding duty to avoid habitat necessary to the conservation of 13175, and the Department of the destruction or adverse modification of the subspecies are specifically Interior’s manual at 512 DM 2, we critical habitat rests squarely on the identified. This information does not readily acknowledge our responsibility Federal agency. Furthermore, to the alter where and what federally to communicate meaningfully with extent that non-Federal entities are sponsored activities may occur. recognized Federal Tribes on a indirectly impacted because they However, it may assist local government-to-government basis. In receive Federal assistance or participate governments in long-range planning accordance with Secretarial Order 3206 in a voluntary Federal aid program, the (rather than having them wait for case- of June 5, 1997, ‘‘American Indian Unfunded Mandates Reform Act would by-case section 7 consultations to Tribal Rights, Federal-Tribal Trust not apply, nor would critical habitat occur). Responsibilities, and the Endangered shift the costs of the large entitlement Civil Justice Reform Species Act,’’ we readily acknowledge programs listed above onto State our responsibilities to work directly governments. In accordance with E.O. 12988 (Civil (b) We do not believe that this rule Justice Reform), the Office of the with tribes in developing programs for will significantly or uniquely affect Solicitor has determined that the rule healthy ecosystems, to acknowledge that small governments because the vast does not unduly burden the judicial tribal lands are not subject to the same majority of the lands involved in the system and that it meets the controls as Federal public lands, to proposed designation are Federal (e.g., requirements of sections 3(a) and 3(b)(2) remain sensitive to Indian culture, and U.S. Forest Service, National Park of the Order. We have proposed to make information available to tribes. Service, and Bureau of Land designating critical habitat in We have determined that there are no Management). As such, a Small accordance with the provisions of the tribal lands occupied at the time of Government Agency Plan is not Act. This proposed rule uses standard listing that contain the features essential required. However, as we conduct our property descriptions and identifies the for the conservation, and no tribal lands economic analysis, we will further primary constituent elements within the that are essential for the conservation of evaluate this issue and revise this designated areas to assist the public in the Sierra Nevada bighorn sheep. assessment if appropriate. understanding the habitat needs of the Therefore, we have not proposed Sierra Nevada bighorn sheep. designation of critical habitat for the Takings Sierra Nevada bighorn sheep on Tribal In accordance with E.O. 12630 Paperwork Reduction Act of 1995 lands. (‘‘Government Actions and Interference This rule does not contain any new References Cited with Constitutionally Protected Private collections of information that require Property Rights’’), we have analyzed the approval by OMB under the Paperwork A complete list of all references cited potential takings implications of Reduction Act of 1995 (44 U.S.C. 3501 in this rulemaking is available upon designating critical habitat for the Sierra et seq.). This rule will not impose request from the Field Supervisor, Nevada bighorn sheep in a takings recordkeeping or reporting requirements Nevada Fish and Wildlife Office (see implications assessment. The takings on State or local governments, ADDRESSES section). implications assessment concludes that individuals, businesses, or this designation of critical habitat for organizations. An agency may not Author(s) the Sierra Nevada bighorn sheep does conduct or sponsor, and a person is not The primary authors of this package not pose significant takings required to respond to, a collection of are staff from the Nevada Fish and implications. However, we will, further information unless it displays a Wildlife and the Ventura Fish and evaluate this issue as we conduct our currently valid OMB control number. Wildlife Offices. economic analysis and review and National Environmental Policy Act revise this assessment as warranted. List of Subjects in 50 CFR Part 17 (NEPA) Federalism It is our position that, outside the Endangered and threatened species, In accordance with E.O. 13132 jurisdiction of the Circuit Court of the Exports, Imports, Reporting and (Federalism), this rule does not have United States for the Tenth Circuit, we recordkeeping requirements, significant Federalism effects. A do not need to prepare environmental Transportation. Federalism assessment is not required. analyses as defined by the NEPA (42 Proposed Regulation Promulgation In keeping with Department of the U.S.C. 4321 et seq.) in connection with Interior and Department of Commerce designating critical habitat under the Accordingly, we propose to amend policy, we requested information from, Act. We published a notice outlining part 17, subchapter B of chapter I, title and coordinated development of, this our reasons for this determination in the 50 of the Code of Federal Regulations, proposed critical habitat designation Federal Register on October 25, 1983 as set forth below:

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PART 17—[AMENDED] 2. In § 17.11(h), revise the entry for § 17.11 Endangered and threatened ‘‘Sheep, Sierra Nevada bighorn’’ under wildlife. 1. The authority citation for part 17 ‘‘MAMMALS’’ in the List of Endangered * * * * * continues to read as follows: and Threatened Wildlife to read as (h) * * * Authority: 16 U.S.C. 1361–1407; 16 U.S.C. follows: 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted.

Species Vertebrate popu- Historic range lation where endan- Status When Critical Special Common name Scientific name gered or threatened listed habitat rules

MAMMALS

******* Sheep, Sierra Ovis canadensis U.S.A. (western conterminous U.S.A. (CA)—Sierra E ...... 660E, 675 17.95(a) NA Nevada big- sierrae. States), Canada, (south-west), Nevada. horn. Mexico (north).

*******

3. In § 17.95(a), add an entry for equal to 60 percent slope), rocky slopes are located existing on the effective date ‘‘Sierra Nevada bighorn sheep (Ovis that provide for foraging, mating, of this rule and not containing one or canadensis sierrae)’’ in the same lambing, predator avoidance, and more of the primary constituent alphabetical order in which the bedding and allow for seasonal elements. subspecies appears in the table in elevational movements between these (4) Critical Habitat Map Units— § 17.11(h) to read as follows: areas. Boundaries of proposed critical habitat (ii) Presence of a variety of forage were derived from Sierra Nevada § 17.95 Critical habitat—fish and wildlife. plants as indicated by the presence of Bighorn Sheep Herd Units developed by (a) Mammals. grasses (e.g., Achnanthera spp.; Elymus the California Department of Fish and spp.) and browse (e.g., Ribes spp.; * * * * * Game for the final Sierra Nevada Sierra Nevada Bighorn Sheep (Ovis Artemisia spp., Purshia spp.) in winter, Bighorn Sheep (SNBS) recovery plan. Canadensis Sierrae) and grasses, browse, sedges (e.g., Carex The proposed critical habitat unit (1) Critical habitat units are depicted spp.) and forbs (e.g., Eriogonum spp.) in boundaries differ from SNBS Herd Unit for Mono, Fresno, Inyo, Tulare, and summer. Tuolumne counties, California, on the (iii) Presence of granite rock polygons by the removal of developed maps below. outcroppings containing minerals such areas and private parcels that are (2) The primary constituent elements as sodium, calcium, iron, and unlikely to contain the primary of critical habitat for the Sierra Nevada phosphorus that could be used as salt constituent elements. The data were bighorn sheep are the habitat licks/mineral licks in order to meet projected to Universal Transverse components that provide: nutritional needs. Mercator (UTM), zone 11, on the North (i) Non-forested habitats or forest (3) Critical habitat does not include American Datum of 1983. openings within the Sierra Nevada from manmade structures (such as buildings, (5) Note: Index map of Sierra Nevada 4,000 ft (1,219 m) to 14,500 ft (4,420 m) aqueducts, airports, roads, and other bighorn sheep critical habitat (Map 1) in elevation with steep (greater than or paved areas) and the land on which they follows:

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BILLING CODE 4310–55–P (i) From USGS 1:24,000 scale NAD83 coordinates (E, N): 300786, (6) Unit 1 (Mount Warren); Mono and quadrangles Dunderberg Peak, Lundy, 4215918; 301348, 4215650; 301467, Tuolumne Counties, California. Tioga Pass, and Mount Dana. Land 4215784; 302384, 4216077; 303459, bounded by the following UTM zone 11 4215689; 303626, 4215452; 303452,

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4215254; 303072, 4215278; 302764, 4204467; 303036, 4204198; 303036, 4205032; 295746, 4205354; 295980, 4215064; 302495, 4214977; 302218, 4203637; 303195, 4203399; 303487, 4205677; 296252, 4206012; 296347, 4214677; 302052, 4214558; 301783, 4203178; 303622, 4203036; 304120, 4206265; 296322, 4206778; 296328, 4214281; 300486, 4214005; 300351, 4202806; 304353, 4202577; 304529, 4207126; 296566, 4207328; 296800, 4213839; 299853, 4213704; 299442, 4202575; 304667, 4202584; 304837, 4207721; 296850, 4207948; 296743, 4213475; 299007, 4213079; 298991, 4202460; 304869, 4202391; 304869, 4208214; 295971, 4208777; 295813, 4212842; 299252, 4212723; 299640, 4202134; 304626, 4201784; 304263, 4208891; 295674, 4209163; 295212, 4212755; 300185, 4212913; 300359, 4201582; 304024, 4201380; 303875, 4209492; 294408, 4209555; 294161, 4213103; 300525, 4213166; 300565, 4201200; 303803, 4201210; 303746, 4209378; 293801, 4209239; 293776, 4213498; 300952, 4213562; 301111, 4201218; 303578, 4201335; 303363, 4209473; 294070, 4209967; 294620, 4213158; 301435, 4212858; 301593, 4201575; 303353, 4201611; 303344, 4210454; 295057, 4210327; 295215, 4213150; 301807, 4213253; 302566, 4201642; 303314, 4201600; 303309, 4210315; 295272, 4210625; 295234, 4213245; 303396, 4213317; 303902, 4201636; 303304, 4201627; 303289, 4210776; 295316, 4211010; 295689, 4213419; 304227, 4214044; 304567, 4201621; 303104, 4201636; 302748, 4211156; 295816, 4211023; 295879, 4214092; 304891, 4213752; 305310, 4201612; 302416, 4201770; 301988, 4210776; 295765, 4210618; 295898, 4213467; 305864, 4213158; 306239, 4202118; 301648, 4202442; 301387, 4210485; 296215, 4210416; 296297, 4212945; 306714, 4212984; 307362, 4202695; 301150, 4203099; 300897, 4210232; 296335, 4209954; 296436, 4212747; 307474, 4212940; 307514, 4203431; 300826, 4203787; 301024, 4209682; 296866, 4209384; 296923, 4213252; 307539, 4213822; 307697, 4204032; 301126, 4204412; 301142, 4209043; 297113, 4208904; 297160, 4214242; 307964, 4214386; 308395, 4205092; 300652, 4205970; 300253, 4209239; 296945, 4210163; 296926, 4214515; 308841, 4214450; 308846, 4206191; 299794, 4206294; 299311, 4210220; 296964, 4210511; 296838, 4214218; 308653, 4213802; 308499, 4206365; 298916, 4206349; 298584, 4210852; 296699, 4211542; 296578, 4213297; 308529, 4212618; 308692, 4205900; 298544, 4205764; 298853, 4211789; 296411, 4212206; 296316, 4211980; 308673, 4211876; 308514, 4205614; 299375, 4205622; 300142, 4212814; 296202, 4213219; 296316, 4211856; 308366, 4211891; 307853, 4204847; 300197, 4204617; 300166, 4213693; 296664, 4213959; 297094, 4211988; 307236, 4212146; 306682, 4204412; 300071, 4204174; 299565, 4213826; 297372, 4213535; 297676, 4212162; 306073, 4212186; 305788, 4204214; 298963, 4204174; 298315, 4213402; 297942, 4213301; 298157, 4211948; 305694, 4211640; 305788, 4204151; 298149, 4203953; 298188, 4213320; 298429, 4213434; 298625, 4211165; 305970, 4210944; 306192, 4203257; 298378, 4202893; 298350, 4213769; 298517, 4214085; 298464, 4210991; 306643, 4210857; 306801, 4202526; 298268, 4202121; 298476, 4214465; 298666, 4214705; 298919, 4210588; 306785, 4209932; 306813, 4201913; 298679, 4202026; 298698, 4214819; 299122, 4214832; 299267, 4209244; 306995, 4208658; 307596, 4202381; 298628, 4202634; 298691, 4214857; 299368, 4215136; 299027, 4208532; 307920, 4208532; 308173, 4202950; 299115, 4202552; 299185, 4215585; 299033, 4215781; 299210, 4208674; 308252, 4209244; 308315, 4202324; 298875, 4201482; 298647, 4215926; 299533, 4215711; 299988, 4209418; 308647, 4209275; 308774, 4201236; 298324, 4200742; 298369, 4215528; 300071, 4215756; 300090, 4208951; 308861, 4208635; 309082, 4200337; 298122, 4200388; 298116, 4215983; 299697, 4216559; 299546, 4208500; 309320, 4208184; 309415, 4200685; 298192, 4201109; 298160, 4216654; 299410, 4216907; 299359, 4207425; 309810, 4206847; 309023, 4201261; 298078, 4201337; 297970, 4217034; 299416, 4217413; 299454, 4206191; 308628, 4206151; 308177, 4201318; 297685, 4200983; 297319, 4217729; 299391, 4218002; 299410, 4206547; 308177, 4206927; 307679, 4200888; 297186, 4200793; 297091, 4218318; 299479, 4218577; 299529, 4207037; 307275, 4206863; 306856, 4200748; 296901, 4200951; 296654, 4218766; 299885, 4218821; 300296, 4206444; 306761, 4206033; 306991, 4200976; 296287, 4201008; 295857, 4218734; 300755, 4218505; 300865, 4205724; 307220, 4205701; 307560, 4200660; 295579, 4200200; 295506, 4218101; 300858, 4217690; 300731, 4205495; 307623, 4205179; 307797, 4200236; 295139, 4199793; 294924, 4217445; 300525, 4217247; 300446, 4204973; 307916, 4204649; 308074, 4199483; 294734, 4199641; 294582, 4216796; 300470, 4216409; returning to 4204325; 308398, 4204182; 309134, 4199932; 294449, 4200109; 294095, 300786, 4215918; excluding land 4204348; 309846, 4203850; 309960, 4200084; 293583, 4200369; 293323, bounded by 304870, 4211718; 304755, 4203534; 310316, 4202846; 310490, 4200710; 293108, 4200609; 292950, 4211663; 304590, 4211666; 304426, 4202284; 310569, 4201841; 310585, 4200268; 292608, 4200369; 292754, 4211699; 304273, 4211615; 304237, 4201240; 310640, 4201098; 310799, 4200748; 292944, 4200964; 293228, 4211614; 304100, 4211575; 304119, 4200900; 310759, 4200655; 310672, 4201248; 293614, 4201014; 293874, 4211576; 304068, 4211562; 304036, 4200584; 310261, 4200536; 309984, 4200723; 294127, 4200571; 294563, 4211567; 303925, 4211593; 303824, 4200513; 309513, 4200252; 309102, 4200635; 295196, 4200805; 295310, 4211552; 303714, 4211495; 303668, 4200370; 308865, 4200418; 308651, 4200957; 295247, 4201122; 295367, 4211501; 303558, 4211486; 303473, 4200592; 308525, 4201043; 308303, 4201406; 295702, 4201318; 296031, 4211423; 303421, 4211366; 303381, 4201343; 308058, 4201644; 307837, 4201375; 296265, 4201622; 296474, 4211308; 303223, 4211322; 303176, 4202047; 307362, 4202403; 307180, 4201982; 296803, 4202349; 296942, 4211295; 303181, 4211202; 303103, 4202458; 307062, 4202268; 307165, 4202539; 296936, 4202849; 296635, 4211161; 303208, 4210962; 303418, 4202015; 306919, 4202023; 306477, 4202969; 296426, 4202994; 296078, 4211073; 303481, 4211022; 303500, 4202150; 306081, 4202300; 305599, 4202703; 295990, 4202507; 295541, 4211020; 303617, 4211098; 303675, 4202632; 305231, 4202751; 304456, 4202406; 294756, 4202697; 294674, 4211109; 303894, 4211096; 303983, 4203210; 304369, 4203344; 303989, 4202800; 294642, 4203007; 294813, 4211127; 304053, 4211125; 304053, 4203637; 303720, 4203913; 303420, 4203134; 295560, 4203178; 295661, 4211124; 304106, 4211121; 304460, 4204119; 303183, 4204870; 303325, 4203184; 295882, 4203418; 295927, 4211207; 304518, 4211250; 304590, 4205329; 303396, 4205661; 303345, 4203703; 295383, 4203855; 295326, 4211261; 304644, 4211303; 304747, 4206057; 303202, 4206278; 303052, 4203943; 295927, 4204057; 296135, 4211336; 304863, 4211395; 304882, 4206294; 302688, 4205582; 302894, 4204241; 296015, 4204405; 295522, 4211457; 305018, 4211524; 305128, 4205092; 302720, 4204799; 302736, 4204405; 295427, 4204608; 295569, 4211543; 305289, 4211677; 305397,

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4211739; 305477, 4211807; 305515, 4211907; 305176, 4211813; 305029, (ii) Note: Map of Unit 1 Mount 4211863; 305405, 4211903; 305374, 4211770; returning to 304870, 4211718. Warren for Sierra Nevada bighorn sheep (Map 2) follows:

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4725 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 EP25JY07.002 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules 40981

(7) Unit 2 (Mount Gibbs); Mono and 4182551; 312860, 4182282; 312892, 4187619; 303538, 4187326; 303336, Tuolumne Counties, California. 4182093; 312627, 4182063; 312476, 4186918; 302983, 4186515; 302551, (i) From USGS 1:24,000 scale 4182068; 312249, 4182075; 312208, 4186001; 302008, 4185567; 301544, quadrangles Mount Dana, Vogelsang 4182071; 311998, 4182077; 311586, 4185242; 301242, 4185252; 301103, Peak, Kiop Peak, and June Lake. Land 4182088; 311587, 4181967; 311448, 4185633; 301045, 4186162; 301023, bounded by the following UTM zone 11 4181837; 311217, 4181694; 310862, 4186653; 300708, 4187454; 300429, NAD83 coordinates (E, N): 305185, 4181818; 310494, 4182132; 310199, 4188178; 300069, 4188717; 299821, 4201586; 305855, 4201263; 306124, 4182367; 310100, 4182822; 309769, 4189253; 299469, 4190055; 299301, 4201406; 306203, 4201516; 306615, 4183096; 309149, 4183794; 308929, 4190701; 299206, 4191269; 298879, 4201390; 307214, 4201220; 307539, 4183989; 308630, 4184112; 308254, 4191693; 298557, 4192269; 298227, 4200758; 307946, 4200481; 308191, 4184162; 307917, 4184248; 307768, 4192581; 297610, 4193354; 297507, 4199870; 308255, 4199529; 308437, 4184328; 307399, 4184603; 307064, 4193696; 297853, 4193873; 298117, 4199297; 308728, 4198949; 308679, 4184765; 306876, 4184771; 306831, 4193865; 298670, 4193433; 299225, 4198612; 308778, 4198157; 309188, 4184546; 306859, 4184244; 307079, 4193038; 299810, 4192455; 300248, 4197993; 309259, 4197840; 308990, 4184049; 307309, 4184154; 307832, 4191951; 300500, 4191566; 300693, 4197698; 308498, 4197676; 308268, 4183949; 307980, 4183869; 308206, 4191711; 300702, 4191974; 300710, 4197570; 308079, 4197576; 307891, 4183824; 308386, 4183555; 308415, 4192237; 300763, 4192688; 301153, 4197582; 307737, 4197512; 307657, 4183290; 308521, 4183061; 308890, 4193090; 301573, 4193227; 301797, 4197364; 307500, 4197181; 307271, 4182785; 309001, 4182707; 309101, 4193144; 301901, 4192840; 301743, 4197113; 307075, 4196893; 307221, 4182289; 309206, 4182022; 309387, 4192619; 301656, 4192283; 301725, 4196737; 307673, 4196685; 308081, 4181790; 309493, 4181561; 309480, 4192054; 301910, 4191935; 301638, 4196446; 308575, 4196543; 308912, 4181147; 309469, 4180808; 309422, 4191718; 301556, 4191495; 301664, 4196457; 309062, 4196415; 309890, 4180509; 309346, 4180511; 308934, 4191341; 301928, 4191332; 301999, 4196313; 309934, 4195897; 309443, 4180599; 308710, 4180682; 308336, 4191179; 301875, 4190844; 301831, 4195913; 309141, 4195923; 308877, 4180807; 307916, 4180670; 307577, 4190657; 301974, 4190389; 302007, 4195931; 308572, 4195866; 308570, 4180718; 307056, 4180961; 307062, 4190237; 302072, 4189934; 302332, 4195790; 308525, 4195566; 308481, 4181149; 307103, 4181261; 307594, 4189775; 302708, 4189725; 302857, 4195379; 308053, 4194978; 307970, 4181245; 307821, 4181238; 307972, 4189645; 302775, 4189459; 302842, 4194755; 308120, 4194712; 308418, 4181233; 308421, 4181105; 308651, 4189194; 303031, 4189188; 303109, 4194590; 308675, 4194356; 308668, 4181211; 308583, 4181439; 308513, 4189260; 303151, 4189410; 303419, 4194130; 308697, 4193865; 308613, 4181630; 308597, 4181891; 308640, 4189514; 303412, 4189288; 303441, 4193604; 308382, 4193461; 308112, 4182040; 308456, 4182197; 308228, 4189024; 303428, 4188610; 303908, 4193281; 307734, 4193293; 307728, 4182166; 308186, 4182017; 308104, 4188255; 304058, 4188213; 304396, 4193105; 307761, 4192953; 308063, 4181831; 307987, 4181722; 307724, 4188165; 304735, 4188116; 304855, 4192944; 308472, 4192742; 308775, 4181768; 307615, 4181885; 307621, 4188338; 304939, 4188599; 304950, 4192770; 308930, 4192878; 309271, 4182073; 307627, 4182261; 307712, 4188938; 304957, 4189164; 305187, 4192905; 309416, 4192712; 309403, 4182559; 307685, 4182899; 307543, 4189269; 305269, 4189455; 305127, 4192298; 309382, 4191659; 309372, 4183205; 307282, 4183289; 307129, 4189761; 305504, 4189711; 305763, 4191358; 309323, 4190983; 309238, 4183256; 307044, 4182957; 306921, 4189552; 305714, 4189215; 305825, 4190684; 309151, 4190348; 308920, 4182660; 306760, 4182326; 306600, 4189136; 305907, 4189322; 306137, 4190204; 308879, 4190093; 309026, 4182068; 306519, 4181882; 306400, 4189427; 306323, 4189346; 306553, 4189975; 309327, 4189928; 309478, 4181697; 306253, 4181853; 306186, 4189452; 306809, 4189180; 306998, 4189923; 309626, 4189843; 309582, 4182118; 306269, 4182342; 306507, 4189174; 307228, 4189279; 307030, 4189656; 309389, 4189511; 309271, 4182711; 306589, 4182897; 306638, 4189587; 307033, 4189700; 307043, 4189365; 309114, 4189181; 308699, 4183234; 306530, 4183426; 306339, 4190001; 306899, 4190231; 306523, 4189195; 308470, 4189127; 308167, 4183357; 306140, 4183024; 306019, 4190281; 306299, 4190364; 306043, 4189099; 308163, 4188986; 308347, 4182802; 305780, 4182395; 305402, 4190635; 305976, 4190901; 306020, 4188829; 308683, 4188705; 308907, 4182407; 304992, 4182571; 304691, 4191088; 306175, 4191196; 306371, 4188623; 309244, 4188537; 309241, 4182618; 304390, 4182666; 304162, 4191416; 306346, 4191831; 306166, 4188424; 309232, 4188161; 309187, 4182635; 303858, 4182570; 303478, 4192101; 306021, 4192293; 305873, 4187936; 309219, 4187747; 309325, 4182506; 303058, 4182369; 302790, 4192411; 305718, 4192266; 305637, 4187517; 309475, 4187475; 309740, 4182265; 302558, 4182084; 302321, 4192117; 305145, 4192096; 304781, 4187504; 309966, 4187459; 310116, 4181752; 302167, 4181682; 302174, 4192521; 304448, 4192720; 304155, 4187454; 310418, 4187445; 310796, 4181908; 302245, 4182357; 302609, 4193031; 303859, 4193229; 303716, 4187433; 310981, 4187314; 311089, 4183099; 303409, 4183300; 303569, 4193460; 303612, 4193764; 303468, 4187160; 311233, 4186929; 311450, 4183558; 303767, 4183853; 303915, 4193995; 303328, 4194338; 303076, 4186621; 311820, 4186383; 312166, 4183773; 304140, 4183691; 304291, 4194723; 302596, 4195078; 302527, 4186560; 312582, 4186585; 312850, 4183686; 304371, 4183834; 304419, 4195268; 302718, 4195337; 303205, 4186689; 313267, 4186713; 313537, 4184171; 304505, 4184470; 304744, 4195209; 303469, 4195200; 303808, 4186893; 313956, 4186993; 314142, 4184876; 305210, 4185276; 305624, 4195152; 304074, 4195219; 304642, 4186911; 314210, 4186683; 313896, 4185225; 305819, 4185407; 305910, 4195238; 304872, 4195344; 304913, 4186317; 313515, 4186216; 313165, 4185894; 305808, 4186236; 305819, 4195455; 304954, 4195567; 304921, 4185888; 312814, 4185560; 312729, 4186575; 305677, 4186881; 305456, 4195719; 304545, 4195768; 304283, 4185262; 312376, 4184859; 312069, 4187038; 305266, 4187007; 305033, 4195852; 304096, 4195896; 303835, 4184718; 312061, 4184454; 312163, 4186826; 304725, 4186647; 304426, 4196017; 303572, 4196063; 302817, 4184112; 312082, 4183926; 312340, 4186732; 304291, 4186912; 304361, 4196087; 302749, 4196316; 302916, 4183730; 312407, 4183464; 312433, 4187073; 304630, 4187215; 304639, 4196800; 303270, 4197241; 303129, 4183087; 312500, 4182821; 312680, 4187479; 304380, 4187675; 303774, 4197546; 302755, 4197671; 302575,

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4197941; 302696, 4198201; 302856, 4198494; 305467, 4198602; 305372, (ii) Note: Map of Unit 2 (Mount Gibbs) 4198459; 302985, 4198945; 303114, 4199170; 305153, 4199403; 304741, for Sierra Nevada bighorn sheep (Map 3) 4199430; 303351, 4199762; 303767, 4199529; 304600, 4199835; 304504, follows: 4199786; 304175, 4199547; 304351, 4200365; 304630, 4200775; 304836, 4199127; 304677, 4198702; 305313, 4201296; returning to 305185, 4201586.

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(8) Unit 3 (Convict Creek); Fresno and Mountain, Convict Lake, Graveyard 327397, 4161255; 327279, 4161108; Mono Counties, California. Peak, and Mount Abbot. Land bounded 327082, 4160851; 327076, 4160663; (i) From USGS 1:24,000 scale by the following UTM zone 11 NAD83 327184, 4160508; 327409, 4160464; quadrangles Crystal Crag, Bloody coordinates (E, N): 327481, 4161516; 327720, 4160717; 327917, 4160975;

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 EP25JY07.003 40984 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules

328080, 4161346; 328312, 4161527; 340942, 4160711; 341461, 4160393; 334377, 4149094; 334726, 4149385; 328424, 4161486; 328373, 4161073; 341779, 4159705; 341840, 4159251; 334810, 4149646; 335042, 4149826; 328322, 4160660; 328009, 4160294; 341780, 4158537; 341470, 4158284; 335274, 4149970; 335582, 4150148; 327814, 4160112; 327619, 4159930; 340960, 4157697; 340383, 4157377; 335517, 4150489; 335252, 4150460; 327573, 4159668; 327755, 4159436; 339777, 4157321; 339130, 4157191; 334801, 4150550; 334430, 4150750; 327980, 4159391; 328058, 4159464; 338931, 4156858; 339034, 4156553; 334326, 4151054; 334556, 4151160; 328100, 4159613; 328112, 4159989; 339306, 4156771; 339537, 4156914; 334815, 4151001; 335077, 4150917; 328455, 4160091; 328333, 4159794; 340337, 4157115; 340640, 4157143; 335122, 4151142; 335386, 4151134; 328366, 4159642; 328515, 4159600; 341134, 4157240; 341505, 4157040; 335508, 4151393; 335481, 4151733; 329004, 4159509; 329304, 4159462; 341686, 4156770; 341995, 4156987; 335604, 4152030; 335946, 4152095; 329223, 4159276; 329061, 4158942; 342165, 4157584; 342517, 4157949; 335919, 4152435; 335770, 4152515; 329089, 4158640; 329077, 4158264; 342774, 4157715; 342913, 4157334; 335428, 4152450; 335229, 4152118; 329260, 4158070; 329631, 4157870; 343193, 4156647; 343330, 4156191; 334800, 4151717; 334460, 4151690; 329891, 4157711; 330272, 4157812; 343594, 4155015; 343725, 4154371; 334193, 4151623; 333778, 4151637; 330655, 4157988; 330812, 4158171; 343966, 4153647; 343986, 4153082; 333556, 4151794; 333602, 4152057; 330677, 4158665; 330869, 4158772; 344111, 4152249; 343944, 4151765; 333834, 4152200; 334068, 4152456; 330951, 4158957; 330667, 4159531; 343522, 4151553; 343113, 4151754; 333925, 4152686; 333513, 4152813; 330492, 4159989; 330469, 4160441; 342857, 4152026; 342402, 4151965; 333101, 4152939; 332646, 4152878; 330231, 4160072; 329887, 4159970; 342317, 4151666; 342226, 4151180; 332309, 4152964; 332579, 4153144; 329706, 4160202; 329604, 4160582; 342065, 4150883; 341869, 4150664; 332958, 4153169; 332736, 4153327; 329624, 4161184; 329708, 4161445; 341671, 4150369; 341818, 4150251; 332481, 4153636; 332603, 4153896; 329829, 4161705; 329701, 4162424; 341851, 4150099; 341956, 4149833; 332905, 4153886; 333240, 4153725; 329860, 4162683; 330161, 4162636; 342177, 4149637; 342286, 4149521; 333470, 4153831; 333326, 4154061; 330229, 4162605; 330305, 4162536; 342403, 4149630; 342560, 4149813; 332997, 4154411; 332816, 4154642; 330367, 4162498; 330436, 4162454; 342900, 4149803; 343043, 4149572; 332323, 4154583; 331984, 4154631; 330524, 4162442; 330650, 4162448; 342844, 4149239; 342499, 4149100; 331786, 4154336; 331739, 4154036; 330788, 4162473; 330908, 4162473; 342680, 4148830; 342942, 4148747; 331544, 4153854; 331056, 4153945; 331083, 4162492; 331140, 4162504; 343179, 4149078; 343456, 4149484; 330870, 4154064; 330929, 4153535; 331203, 4162517; 331272, 4162523; 343790, 4149285; 343627, 4148913; 330955, 4153158; 330490, 4152796; 331366, 4162555; 331511, 4162561; 343392, 4148657; 343149, 4148138; 330298, 4152689; 329759, 4152367; 331699, 4162599; 331781, 4162643; 343258, 4148021; 343285, 4147681; 329452, 4152226; 328877, 4151981; 331938, 4162661; 332095, 4162680; 343274, 4147305; 343051, 4147425; 328610, 4151876; 328051, 4152120; 332208, 4162712; 332277, 4162768; 342828, 4147545; 342597, 4147402; 327499, 4152590; 327096, 4152979; 332465, 4162862; 332534, 4162913; 342331, 4147373; 342146, 4147492; 326655, 4153370; 326660, 4153520; 332635, 4162969; 332817, 4163076; 341968, 4147836; 341938, 4148063; 326891, 4153664; 327222, 4153389; 333112, 4163170; 333338, 4163252; 342128, 4148095; 342311, 4147938; 327255, 4153238; 327701, 4152997; 333477, 4163271; 333769, 4163236; 342503, 4148008; 342621, 4148154; 328038, 4152911; 328485, 4152709; 333886, 4163345; 333999, 4163342; 342698, 4148227; 342665, 4148379; 328936, 4152619; 329510, 4152865; 334489, 4163289; 334674, 4163170; 342076, 4148850; 341633, 4149165; 329784, 4153157; 330092, 4153336; 334896, 4163012; 335120, 4162930; 341530, 4149507; 341467, 4149886; 330406, 4153702; 330418, 4154079; 335271, 4162925; 335385, 4162959; 340838, 4150320; 340536, 4150330; 330544, 4154489; 330398, 4154644; 335499, 4162993; 335873, 4162868; 340193, 4150228; 339889, 4150162; 330064, 4154843; 329848, 4155189; 335986, 4162864; 336135, 4162784; 339587, 4150171; 339398, 4150177; 329897, 4155526; 330114, 4155218; 336130, 4162634; 336050, 4162486; 339018, 4150114; 338825, 4149970; 330372, 4155021; 330745, 4154859; 335971, 4162375; 335815, 4162230; 338896, 4149817; 339009, 4149813; 330825, 4155007; 330829, 4155120; 335736, 4162119; 335467, 4161977; 339161, 4149846; 339187, 4149469; 330800, 4155422; 330658, 4155690; 335312, 4161869; 335113, 4161536; 339290, 4149164; 339520, 4149270; 330699, 4155802; 330882, 4155608; 335031, 4161351; 334948, 4161090; 339943, 4149482; 339780, 4149111; 331136, 4155298; 331392, 4155027; 334944, 4160977; 334971, 4160637; 339617, 4148739; 339785, 4148094; 331581, 4155021; 331776, 4155203; 335037, 4160334; 335176, 4159953; 339553, 4147913; 339226, 4148338; 331783, 4155428; 331529, 4155775; 335396, 4159757; 335442, 4160020; 339052, 4148795; 338679, 4148958; 331387, 4156044; 331135, 4156428; 335634, 4160089; 335816, 4159895; 338273, 4149234; 338126, 4149389; 331029, 4156658; 330886, 4156926; 336039, 4159775; 336234, 4159957; 337938, 4149395; 337855, 4149172; 330742, 4157156; 330441, 4157204; 336206, 4160259; 336107, 4160714; 337743, 4149213; 337593, 4149256; 330252, 4157172; 329987, 4157180; 336230, 4161011; 336572, 4161076; 337372, 4149413; 337145, 4149421; 329609, 4157155; 329273, 4157278; 336860, 4160652; 337102, 4159929; 336956, 4149427; 336767, 4149395; 329088, 4157397; 328941, 4157553; 337085, 4159402; 336881, 4158919; 336649, 4149248; 336606, 4149099; 328787, 4157445; 328668, 4157260; 336718, 4158548; 336744, 4158170; 336751, 4148906; 336861, 4148789; 328468, 4156927; 328161, 4156787; 336769, 4157793; 336716, 4157305; 337006, 4148597; 336889, 4148487; 328003, 4156566; 327921, 4156342; 336743, 4156965; 336896, 4157036; 336627, 4148571; 336405, 4148729; 327877, 4156155; 327758, 4155971; 337058, 4157370; 337147, 4157781; 336376, 4148993; 336231, 4149186; 327559, 4155676; 327286, 4155383; 337196, 4158156; 337552, 4158634; 335967, 4149194; 335890, 4149159; 327201, 4155085; 327007, 4154940; 337948, 4159224; 338069, 4159446; 335775, 4149088; 335555, 4149321; 326815, 4154833; 326772, 4154684; 338416, 4159661; 338643, 4159692; 335298, 4149555; 335219, 4149444; 326727, 4154460; 326612, 4154388; 339127, 4159450; 339575, 4159285; 335214, 4149294; 335317, 4148952; 326271, 4154361; 326126, 4154554; 339958, 4159462; 340015, 4160062; 335422, 4148685; 335343, 4148574; 325531, 4154874; 325086, 4155114; 339770, 4160673; 339893, 4160970; 335155, 4148618; 334974, 4148849; 324787, 4155237; 324378, 4155438; 340382, 4160917; 340644, 4160833; 334791, 4149044; 334636, 4148935; 324118, 4155560; 323895, 4155680;

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules 40985

323635, 4155838; 323259, 4155888; 317494, 4157578; 318140, 4157670; 328242, 4159307; 328161, 4159159; 322877, 4155750; 322732, 4155943; 318786, 4157801; 319280, 4157898; 327707, 4159136; 327489, 4159407; 322737, 4156093; 322896, 4156352; 319619, 4157849; 320036, 4157911; 327232, 4159641; 327165, 4159906; 323125, 4156420; 323018, 4156611; 320491, 4157935; 321164, 4157725; 327061, 4160211; 326614, 4160414; 322684, 4156810; 322343, 4156783; 322066, 4157583; 322813, 4157296; 326550, 4160755; 326336, 4161176; 321782, 4156952; 321290, 4156930; 323329, 4156903; 323662, 4156666; 326306, 4161403; 326647, 4161429; 320875, 4156943; 320497, 4156955; 324374, 4156493; 324515, 4156187; 326949, 4161420; 326992, 4161607; 320162, 4157117; 319826, 4157240; 324658, 4155919; 325033, 4155832; 327347, 4162047; 327465, 4162194; 319673, 4157170; 319511, 4156836; 325413, 4155895; 325671, 4155698; 327587, 4162492; 327642, 4163017; 319276, 4156580; 319088, 4156586; 325961, 4155313; 326257, 4155115; 327766, 4163352; 328145, 4163378; 318974, 4156589; 318478, 4156417; 326599, 4155179; 326800, 4155549; 328207, 4162961; 328235, 4162659; 318176, 4156426; 317723, 4156441; 327035, 4155806; 327234, 4156138; 328223, 4162283; 328027, 4162063; 317349, 4156566; 317047, 4156575; 327403, 4156698; 327602, 4157030; 327795, 4161882; 327560, 4161626; 316698, 4156285; 316351, 4156070; 327877, 4157361; 328071, 4157505; returning to 327481, 4161516. 316118, 4155889; 315930, 4155895; 328272, 4157875; 328618, 4158090; (ii) Note: Map of Unit 3 (Convict 315745, 4156014; 315795, 4156427; 328548, 4158243; 328136, 4158369; Creek) for Sierra Nevada bighorn sheep 316149, 4156868; 316383, 4157086; 328410, 4158662; 328343, 4158927; (Map 4) follows: 316545, 4157420; 317188, 4157437; 328427, 4159188; 328470, 4159375; BILLING CODE 4310–55–P

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 40986 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules

(9) Unit 4 (Wheeler Ridge); Fresno, Morgan, Mount Hilgard, Mount Tom, bounded by the following UTM zone 11 Inyo and Mono Counties, California. Tungsten Hills, Mount Henry, Mount NAD83 coordinates (E, N): 351676, (i) From USGS 1:24,000 scale Darwin and Mount Thompson. Land 4150867; 352490, 4150441; 352738, quadrangles Mount Abbot, Mount

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 EP25JY07.004 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules 40987

4150510; 353065, 4150282; 353442, 4122675; 356416, 4122497; 356501, 4122061; 341403, 4122417; 341284, 4150500; 353779, 4150847; 354294, 4122179; 356431, 4121832; 356035, 4122646; 341403, 4122854; 341691, 4150817; 354552, 4150341; 354641, 4121713; 355846, 4121644; 355638, 4122725; 341820, 4122774; 341859, 4149994; 354681, 4149558; 354453, 4121406; 355291, 4121436; 354835, 4122983; 341701, 4123241; 341542, 4149439; 354245, 4149221; 354463, 4121644; 354567, 4121674; 354160, 4123290; 341215, 4123161; 340947, 4148953; 354522, 4148735; 354413, 4121793; 353932, 4121862; 353843, 4123151; 340620, 4123211; 340313, 4148398; 354532, 4148140; 354493, 4121753; 353794, 4121406; 354527, 4123340; 340104, 4123538; 340164, 4147862; 354909, 4147912; 354711, 4120970; 355013, 4120742; 354954, 4123677; 340600, 4123657; 340937, 4147119; 355098, 4146296; 355132, 4120305; 354270, 4119691; 354022, 4123756; 341235, 4123816; 341354, 4146201; 355158, 4146034; 355162, 4119770; 353675, 4119730; 353357, 4124262; 341651, 4124192; 341790, 4145681; 355123, 4145288; 355123, 4119562; 353169, 4119413; 353159, 4123994; 341800, 4123707; 341969, 4144981; 355035, 4144787; 354974, 4119224; 352792, 4119304; 352653, 4123498; 342137, 4123389; 342355, 4144489; 354895, 4144120; 354745, 4119215; 352217, 4119224; 351553, 4123241; 342445, 4123022; 342564, 4143840; 354537, 4143588; 354359, 4119334; 351280, 4119026; 351250, 4122963; 342564, 4123290; 342425, 4143519; 354349, 4143132; 354329, 4118679; 351389, 4118570; 351617, 4123945; 342534, 4124252; 342831, 4142934; 354141, 4142686; 353967, 4118649; 351766, 4118471; 351914, 4124391; 342930, 4124500; 343208, 4141942; 353729, 4141853; 353600, 4118193; 352024, 4117945; 351984, 4124401; 342950, 4123915; 343020, 4141804; 353610, 4141566; 353729, 4117132; 351776, 4117013; 351468, 4123558; 342891, 4123022; 342901, 4141328; 353610, 4141219; 353600, 4116845; 350576, 4117102; 350080, 4122784; 343258, 4122616; 343387, 4141000; 354066, 4140584; 354463, 4117271; 349971, 4117152; 349406, 4122675; 343565, 4123191; 343555, 4140584; 354780, 4140286; 355068, 4117102; 349644, 4117549; 349911, 4123746; 343644, 4124083; 343773, 4140019; 355256, 4139642; 355425, 4117747; 350645, 4117618; 350982, 4124163; 343952, 4124034; 343962, 4139136; 355395, 4138799; 355489, 4117638; 351012, 4117945; 350725, 4123667; 344319, 4123746; 344269, 4138412; 355499, 4138254; 355618, 4118511; 350100, 4118600; 349545, 4123528; 343942, 4123300; 343922, 4138144; 355737, 4137748; 356035, 4118332; 349178, 4118342; 348712, 4122844; 343664, 4122298; 343506, 4137639; 356560, 4137272; 356818, 4117787; 348464, 4117142; 348196, 4122070; 343674, 4121832; 343922, 4136984; 356828, 4136617; 356996, 4116884; 348077, 4116914; 348057, 4121634; 344200, 4121614; 344497, 4136211; 357016, 4135715; 356649, 4117122; 347819, 4117142; 347750, 4121813; 344755, 4121882; 344775, 4135477; 356243, 4135299; 356084, 4117370; 347908, 4117737; 348156, 4122606; 344943, 4123241; 345241, 4135239; 356144, 4135011; 356491, 4117836; 348325, 4118154; 348176, 4123687; 345409, 4123161; 345350, 4135090; 356848, 4134892; 357046, 4118332; 347879, 4118352; 347175, 4122497; 345261, 4121664; 345340, 4134614; 357140, 4134515; 356932, 4118570; 346798, 4118848; 346937, 4121307; 345920, 4121237; 346416, 4134019; 356714, 4133771; 356476, 4119096; 347651, 4119294; 347482, 4121158; 346694, 4121128; 346912, 4133652; 356357, 4133405; 356486, 4119572; 346847, 4119532; 346728, 4121327; 346961, 4121604; 346832, 4133216; 356535, 4132839; 356307, 4119572; 346748, 4119750; 347165, 4121872; 346644, 4122120; 346446, 4132740; 355990, 4132611; 355782, 4120057; 347065, 4120295; 347065, 4122398; 346495, 4122546; 346743, 4132542; 355583, 4132294; 355197, 4120494; 346946, 4120583; 346788, 4122427; 347150, 4122239; 347368, 4132125; 355038, 4131907; 354671, 4120345; 346599, 4119998; 346461, 4121912; 347507, 4121991; 347665, 4131709; 354265, 4131739; 353898, 4119958; 346153, 4120256; 345801, 4122229; 347834, 4122189; 347675, 4131778; 353590, 4131719; 352817, 4120038; 345682, 4119661; 345414, 4121783; 347725, 4121585; 347388, 4131709; 352688, 4131421; 352787, 4119581; 345206, 4119373; 345018, 4121466; 347239, 4121099; 347417, 4131223; 353283, 4131263; 354235, 4119334; 344601, 4119026; 344403, 4120851; 347437, 4120623; 347576, 4131382; 354473, 4131253; 354721, 4118996; 344086, 4118610; 343848, 4120385; 347755, 4120206; 347953, 4131233; 355018, 4131144; 355157, 4118689; 343243, 4118877; 342846, 4120186; 348151, 4120305; 348102, 4131025; 355068, 4130757; 354721, 4118947; 342767, 4119096; 342836, 4120523; 348558, 4121456; 348667, 4130450; 354656, 4130281; 354746, 4119383; 343223, 4119691; 343620, 4121416; 348657, 4120434; 348697, 4130241; 354835, 4130132; 355103, 4119740; 344006, 4119899; 344343, 4120256; 348568, 4119978; 348300, 4130063; 355202, 4129944; 354934, 4120077; 344224, 4120256; 343887, 4119938; 348012, 4119938; 347923, 4129488; 354755, 4129111; 354865, 4120305; 343630, 4120414; 343798, 4119800; 348231, 4119472; 348488, 4128556; 355103, 4128189; 355222, 4120761; 343580, 4120890; 343064, 4119324; 348637, 4119145; 348786, 4127842; 355202, 4127385; 354993, 4120811; 342757, 4120910; 342678, 4119016; 349292, 4119423; 349242, 4127247; 354795, 4127544; 354458, 4120990; 342628, 4121366; 342886, 4119780; 349510, 4120038; 349530, 4127822; 354240, 4128020; 354081, 4121813; 342816, 4121912; 342549, 4120295; 349877, 4120295; 350244, 4128010; 353922, 4127792; 353893, 4121892; 342410, 4121991; 342122, 4120236; 350095, 4120028; 349827, 4127584; 354369, 4127524; 354398, 4122160; 341934, 4122209; 341825, 4119978; 349659, 4119810; 349659, 4127247; 354508, 4127038; 354438, 4121951; 342033, 4121753; 342043, 4119502; 349768, 4119234; 349817, 4126612; 354508, 4126443; 354364, 4121396; 341736, 4121198; 341755, 4118897; 350283, 4118907; 350710, 4126196; 354106, 4126086; 353888, 4120791; 341438, 4120424; 341150, 4119036; 350992, 4119552; 351141, 4125670; 353898, 4125491; 354215, 4120514; 341150, 4120752; 341061, 4119810; 350883, 4120434; 350814, 4125402; 354334, 4125204; 354721, 4120900; 340992, 4121366; 340541, 4120950; 350943, 4121426; 351091, 4124956; 355960, 4125313; 355940, 4121684; 340273, 4121654; 339757, 4121892; 350834, 4122328; 350596, 4125095; 355603, 4124926; 355197, 4121644; 339648, 4121505; 339351, 4122765; 350576, 4123003; 350655, 4124619; 354701, 4124411; 354126, 4121475; 339222, 4121555; 339222, 4123181; 350987, 4123112; 351592, 4123994; 353808, 4123806; 353828, 4121922; 339361, 4122298; 339787, 4123250; 351919, 4123746; 352088, 4123707; 354156, 4123508; 354661, 4122338; 340065, 4122249; 340263, 4124192; 352405, 4124678; 352286, 4123627; 354453, 4123449; 354354, 4122110; 340630, 4122070; 340987, 4125095; 351800, 4125372; 351463, 4123122; 353967, 4123042; 354512, 4121872; 341245, 4121743; 341384, 4125650; 351057, 4125888; 350700, 4122715; 355613, 4122546; 356089, 4121783; 341473, 4121942; 341324, 4126017; 350491, 4125868; 350194,

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 40988 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules

4126007; 350333, 4126255; 350660, 4135219; 341886, 4135624; 342053, 4142200; 339485, 4142537; 339108, 4126245; 350868, 4126414; 350819, 4135862; 342116, 4136068; 342410, 4142706; 339009, 4142984; 339157, 4126701; 350472, 4126850; 349986, 4136235; 343163, 4136211; 343290, 4143370; 339465, 4143549; 339812, 4126820; 349827, 4126662; 349629, 4136433; 343275, 4136576; 343052, 4143767; 340109, 4143965; 340228, 4126493; 349510, 4126652; 349371, 4136719; 342751, 4136687; 342529, 4144302; 340496, 4144372; 340585, 4127068; 349292, 4127227; 349113, 4136933; 342204, 4137234; 342283, 4143777; 340109, 4142706; 340208, 4127435; 348320, 4126840; 348161, 4137440; 342648, 4137440; 342973, 4142289; 340288, 4142180; 340278, 4126681; 347884, 4126681; 347794, 4137210; 343084, 4137298; 343060, 4141714; 340456, 4141516; 340655, 4126781; 347636, 4126751; 347536, 4137472; 342902, 4137631; 342616, 4141893; 340556, 4142280; 340922, 4126523; 347368, 4126295; 346912, 4137750; 342418, 4137948; 342398, 4142736; 341041, 4143112; 341022, 4126037; 346604, 4125769; 346545, 4138361; 342009, 4138670; 341652, 4143906; 340942, 4144441; 340873, 4125521; 346356, 4125333; 346029, 4138472; 341605, 4138242; 341375, 4144937; 341190, 4145334; 341458, 4125353; 345598, 4124986; 344963, 4138020; 341359, 4137837; 341145, 4145235; 341557, 4145512; 341666, 4124906; 344348, 4125115; 343962, 4137615; 340970, 4137298; 340891, 4145532; 341924, 4145264; 341825, 4125412; 343515, 4125809; 342891, 4137147; 340669, 4137012; 340312, 4144620; 341914, 4144015; 341626, 4125958; 342673, 4126156; 342722, 4136980; 340208, 4137052; 340034, 4143479; 341825, 4143132; 341329, 4126315; 343109, 4126562; 344110, 4137020; 339780, 4136695; 339709, 4142557; 341428, 4141893; 341200, 4126840; 344696, 4126949; 345538, 4136520; 339439, 4136385; 339320, 4141675; 340962, 4141199; 340903, 4127038; 346381, 4126999; 347046, 4136251; 339233, 4136028; 339130, 4141060; 341041, 4141040; 341170, 4127078; 347611, 4127247; 348057, 4135830; 338519, 4135830; 338419, 4141060; 341141, 4140852; 341210, 4127614; 348156, 4128090; 348275, 4135487; 338438, 4135279; 338210, 4140643; 341398, 4140663; 341537, 4128328; 348622, 4128447; 348969, 4134912; 337943, 4134872; 337397, 4140514; 341696, 4140842; 341874, 4128774; 349069, 4129200; 348945, 4134803; 337199, 4134803; 336852, 4141179; 342038, 4141694; 342058, 4129577; 348726, 4129736; 348350, 4134912; 336495, 4135408; 336247, 4142349; 342127, 4143093; 342445, 4129964; 348032, 4130003; 348350, 4135765; 336059, 4135903; 335632, 4143291; 342306, 4143856; 342564, 4130142; 348855, 4129914; 349153, 4135933; 335236, 4135775; 334898, 4144511; 342752, 4144481; 343218, 4129904; 349153, 4130261; 348984, 4135537; 334571, 4135338; 334125, 4144025; 343287, 4143757; 343059, 4130380; 348518, 4131035; 348231, 4135338; 334095, 4135884; 334482, 4143499; 342772, 4142974; 342802, 4131649; 348001, 4131812; 347610, 4136568; 334700, 4136845; 335216, 4142835; 342970, 4142815; 343010, 4131751; 346976, 4131497; 346488, 4137242; 335751, 4137718; 336019, 4142448; 342980, 4142200; 342990, 4131121; 345930, 4130538; 345600, 4137956; 336039, 4138174; 335771, 4142042; 343238, 4141833; 343783, 4130086; 344777, 4129685; 344366, 4138313; 335513, 4138571; 335513, 4142101; 343922, 4142309; 344130, 4129451; 343719, 4129106; 342627, 4138948; 335920, 4139245; 336168, 4142458; 344606, 4142428; 344557, 4129131; 341637, 4129314; 340922, 4139444; 336148, 4139672; 335930, 4142151; 344408, 4141764; 344180, 4129396; 340478, 4129563; 340320, 4139959; 335617, 4140653; 335548, 4141347; 344041, 4140941; 344081, 4129769; 340454, 4130269; 340201, 4141228; 335310, 4141357; 334953, 4140554; 344497, 4140157; 344596, 4130832; 340772, 4130769; 340978, 4141942; 334943, 4142200; 335379, 4139721; 344626, 4139394; 344715, 4130872; 341105, 4131166; 341113, 4142399; 335766, 4142389; 336113, 4139245; 344973, 4139374; 344943, 4131411; 341390, 4131760; 341494, 4142200; 336480, 4141417; 336599, 4140058; 345171, 4140157; 345598, 4132244; 341565, 4132387; 341763, 4141109; 336986, 4140752; 337105, 4140386; 345727, 4140673; 345697, 4132292; 341787, 4132165; 341985, 4140455; 337630, 4140197; 337948, 4141080; 345568, 4141417; 345647, 4132236; 342021, 4132578; 341902, 4139473; 338453, 4138601; 338543, 4142002; 345717, 4142607; 345955, 4132847; 341617, 4133117; 341371, 4138214; 338473, 4137817; 338275, 4142785; 346133, 4143073; 346342, 4133276; 340918, 4133339; 340696, 4137550; 338334, 4137391; 338632, 4143698; 346550, 4144243; 346639, 4133307; 340101, 4133347; 339586, 4137341; 338860, 4137490; 338900, 4144808; 346847, 4145235; 347001, 4133101; 339284, 4133061; 338737, 4137797; 339128, 4137847; 339266, 4145631; 347298, 4145929; 347447, 4133014; 338253, 4132800; 337650, 4137470; 339257, 4137321; 339623, 4145879; 347586, 4145562; 347546, 4132816; 337448, 4132887; 337432, 4137202; 339772, 4137510; 339723, 4145135; 347556, 4144699; 347725, 4133196; 337345, 4133442; 337392, 4138035; 340060, 4138333; 340357, 4144174; 347715, 4143846; 347586, 4133656; 337916, 4133775; 338027, 4138402; 340972, 4138690; 340947, 4143539; 347527, 4143172; 347874, 4134132; 338249, 4134339; 338360, 4139037; 340957, 4139265; 341265, 4143598; 348211, 4143817; 348201, 4134315; 338479, 4134132; 338328, 4139265; 341384, 4139106; 341731, 4144084; 348449, 4144382; 348548, 4133966; 338305, 4133736; 338400, 4139136; 341701, 4139354; 341463, 4144419; 348838, 4144480; 348970, 4133664; 338662, 4133736; 338939, 4139533; 341304, 4139701; 340917, 4144480; 349110, 4144489; 349189, 4133783; 339114, 4134005; 339106, 4139850; 340818, 4140138; 340412, 4144489; 349295, 4144480; 349374, 4134474; 339368, 4134688; 339439, 4140534; 339807, 4141040; 339252, 4144498; 349461, 4144489; 349549, 4134513; 339439, 4134243; 339606, 4141347; 338795, 4141615; 338627, 4144489; 349602, 4144471; 349698, 4134045; 340010, 4133910; 340177, 4141744; 338141, 4141734; 337943, 4144436; 349795, 4144445; 349979, 4133887; 340335, 4134132; 340288, 4141595; 337665, 4141675; 337239, 4144471; 350190, 4144550; 350321, 4134378; 340097, 4134719; 339883, 4141942; 337040, 4142190; 336792, 4144594; 350453, 4144673; 350452, 4134910; 339463, 4135053; 339375, 4142488; 336505, 4142875; 336321, 4144878; 350432, 4145562; 350442, 4135140; 339344, 4135529; 339399, 4143360; 337382, 4143261; 337521, 4146236; 350551, 4146672; 350501, 4135640; 339621, 4135759; 340177, 4143668; 337680, 4143797; 337729, 4147158; 350670, 4147436; 350878, 4135592; 340581, 4135061; 340883, 4143559; 337710, 4143033; 337789, 4147664; 350591, 4148061; 350283, 4134973; 340922, 4134831; 340851, 4142835; 338086, 4142666; 338205, 4148229; 350353, 4148933; 350402, 4134569; 340788, 4134442; 340859, 4142765; 338265, 4142944; 338047, 4149459; 350348, 4150371; 350606, 4134362; 341176, 4134513; 341462, 4143142; 338186, 4143390; 338652, 4150788; 350992, 4151016; returning to 4134656; 341668, 4134664; 341775, 4142894; 338622, 4142468; 339465, 351676, 4150867; excluding land

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules 40989

bounded by 352666, 4139452; 352330, 4136111; 350402, 4136111; 350440, 4136278; 349099, 4136181; 349045, 4139197; 352261, 4139018; 352280, 4136204; 350478, 4136296; 350305, 4135990; 349139, 4135963; 349138, 4139004; 352300, 4138988; 352332, 4136368; 350300, 4136361; 350295, 4135962; 349235, 4135934; 349212, 4138964; 352634, 4139235; 352732, 4136351; 350293, 4136348; 350287, 4135851; 349308, 4135823; 349406, 4139417; 352718, 4139424; 352718, 4136341; 350283, 4136338; 350280, 4135799; 349478, 4135988; 349478, 4139425; 352694, 4139437; 352694, 4136335; 350276, 4136333; 350276, 4135995; returning to 349527, 4136002. 4139437; 352690, 4139439; 352687, 4136333; returning to 350254, 4136280; 4139441; 352687, 4139441; returning to excluding land bounded by 349527, (ii) Note: Map of Unit 4 (Wheeler 352666, 4139452; excluding land 4136002; 349500, 4136201; 349450, Ridge) for Sierra Nevada bighorn sheep bounded by 350254, 4136280; 350216, 4136194; 349408, 4136200; 349404, (Map 5) follows: 4136187; 350216, 4136187; 350178, 4136201; 349391, 4136206; 349321, BILLING CODE 4310–55–P 4136094; 350363, 4136018; 350402, 4136238; 349317, 4136223; 349126,

VerDate Aug<31>2005 20:27 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 40990 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules

(10) Unit 5 (Taboose Creek); Fresno Split Mountain, Fish Springs, Mount coordinates (E, N): 376756, 4109414; and Inyo Counties, California. Pinchot, and Aberdeen. Land bounded 376837, 4109413; 376838, 4109467; (i) From USGS 1:24,000 scale by the following UTM zone 11 NAD83 376865, 4109466; 377166, 4109426; quadrangles Coyote Flat, North Palisade,

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 EP25JY07.005 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules 40991

377588, 4109383; 377647, 4109351; 378350, 4095291; 378168, 4095267; 368236, 4097960; 368408, 4097683; 377738, 4109348; 377949, 4109341; 377956, 4095243; 377831, 4095127; 368555, 4097528; 368516, 4097258; 378189, 4109273; 378307, 4109179; 377766, 4094978; 377722, 4095010; 368782, 4097069; 368900, 4096975; 378423, 4109025; 378417, 4108844; 377686, 4094830; 377563, 4094744; 368983, 4096732; 369070, 4096608; 378288, 4108608; 378131, 4108402; 377407, 4094598; 377257, 4094633; 369216, 4096453; 369333, 4096329; 377943, 4108197; 377878, 4108048; 377106, 4094638; 376865, 4094675; 369664, 4096288; 369960, 4096098; 377872, 4107868; 377869, 4107777; 376779, 4094799; 376630, 4094894; 370169, 4096031; 370227, 4095939; 378016, 4107622; 378227, 4107615; 376207, 4094877; 375932, 4094795; 370311, 4095726; 370395, 4095512; 378408, 4107610; 378649, 4107602; 375628, 4094714; 375475, 4094659; 370478, 4095268; 370471, 4095058; 378949, 4107502; 378970, 4107230; 374990, 4094614; 374778, 4094621; 370317, 4094972; 370228, 4095005; 378903, 4107022; 378751, 4106996; 374629, 4094656; 374445, 4094571; 370143, 4095189; 370086, 4095311; 378625, 4106820; 378498, 4106643; 374327, 4094665; 374149, 4094791; 370033, 4095554; 369852, 4095559; 378218, 4106381; 378030, 4106176; 374001, 4094886; 373852, 4094951; 369759, 4095472; 369754, 4095321; 377814, 4106032; 377809, 4105881; 373761, 4094924; 373728, 4094835; 369931, 4095195; 370052, 4095192; 377958, 4105817; 378200, 4105809; 373783, 4094682; 373748, 4094533; 369896, 4095046; 369683, 4094992; 378319, 4105745; 378467, 4105650; 373656, 4094475; 373477, 4094541; 369532, 4094997; 369377, 4094851; 378524, 4105558; 378552, 4105466; 373359, 4094635; 373150, 4094732; 369310, 4094673; 369183, 4094466; 378547, 4105316; 378483, 4105198; 373059, 4094705; 372935, 4094619; 369211, 4094405; 369359, 4094310; 378299, 4105113; 378206, 4105056; 372930, 4094468; 373017, 4094345; 369449, 4094277; 369688, 4094179; 378232, 4104904; 378410, 4104808; 372984, 4094256; 372949, 4094106; 370050, 4094167; 370288, 4094039; 378404, 4104628; 378341, 4104539; 372732, 4093932; 372517, 4093818; 370281, 4093829; 370067, 4093745; 378248, 4104452; 378126, 4104426; 372366, 4093823; 372188, 4093919; 369857, 4093812; 369530, 4093973; 378006, 4104459; 377826, 4104495; 372167, 4094221; 372117, 4094554; 369319, 4093980; 369109, 4094046; 377612, 4104412; 377461, 4104416; 372151, 4094673; 372216, 4094822; 368894, 4093933; 368830, 4093814; 377400, 4104418; 377007, 4104401; 372313, 4095030; 372682, 4095229; 368917, 4093691; 369065, 4093596; 376822, 4104286; 376728, 4104169; 372838, 4095375; 373206, 4095544; 369099, 4093715; 369248, 4093650; 376786, 4104106; 377240, 4104122; 373388, 4095568; 373626, 4095440; 369486, 4093522; 369694, 4093425; 377424, 4104207; 377787, 4104225; 373747, 4095436; 373900, 4095522; 369843, 4093361; 369959, 4093206; 378148, 4104184; 378360, 4104177; 373933, 4095581; 373906, 4095703; 369715, 4093124; 369443, 4093132; 378631, 4104169; 378992, 4104097; 373849, 4095795; 373820, 4095856; 369292, 4093137; 369229, 4093049; 379233, 4104089; 379320, 4103966; 373676, 4096071; 373527, 4096136; 369285, 4092926; 369737, 4092882; 379283, 4103756; 378943, 4103526; 373351, 4096292; 373142, 4096389; 370010, 4092903; 370348, 4093074; 378788, 4103380; 378511, 4103239; 372962, 4096425; 372841, 4096429; 370470, 4093130; 370718, 4093303; 378355, 4103063; 378316, 4102793; 372626, 4096315; 372446, 4096351; 370874, 4093479; 370969, 4093596; 378220, 4102615; 378126, 4102528; 372387, 4096383; 372332, 4096566; 371087, 4093502; 371205, 4093408; 377794, 4102538; 377432, 4102550; 372306, 4096717; 372068, 4096815; 371198, 4093197; 371193, 4093047; 377312, 4102584; 377221, 4102587; 371887, 4096821; 371648, 4096919; 371183, 4092716; 370931, 4092392; 376947, 4102505; 376851, 4102327; 371440, 4097015; 371287, 4096960; 370682, 4092159; 370465, 4092015; 376876, 4102176; 376992, 4102021; 371191, 4096812; 371041, 4096847; 370342, 4091929; 370126, 4091785; 377135, 4101776; 377222, 4101653; 371079, 4097087; 371235, 4097233; 369852, 4091734; 369636, 4091590; 377248, 4101531; 377278, 4101500; 371298, 4097321; 371571, 4097343; 369421, 4091476; 369237, 4091391; 377365, 4101407; 377570, 4101190; 371661, 4097340; 371963, 4097330; 368843, 4091344; 368665, 4091470; 377685, 4101005; 377766, 4100702; 372056, 4097388; 372059, 4097478; 368548, 4091594; 368360, 4091841; 377727, 4100432; 377722, 4100251; 372062, 4097598; 372068, 4097779; 368334, 4091992; 368373, 4092262; 377713, 4099980; 377856, 4099735; 372131, 4097867; 372278, 4097742; 368409, 4092442; 368479, 4092741; 377972, 4099581; 378422, 4099476; 372485, 4097585; 372753, 4097456; 368637, 4092977; 368673, 4093156; 378659, 4099318; 378563, 4099140; 372962, 4097389; 373146, 4097474; 368709, 4093336; 368531, 4093432; 378468, 4099023; 378282, 4098848; 373153, 4097684; 373065, 4097777; 368410, 4093436; 368414, 4093556; 378125, 4098672; 377937, 4098467; 372952, 4098022; 372899, 4098265; 368453, 4093826; 368457, 4093977; 377751, 4098322; 377623, 4098085; 373024, 4098381; 373145, 4098377; 368495, 4094216; 368565, 4094515; 377528, 4097938; 377462, 4097789; 373387, 4098400; 373391, 4098520; 368542, 4094727; 368574, 4094786; 377306, 4097614; 377026, 4097381; 373396, 4098671; 373283, 4098915; 368698, 4094903; 368789, 4094900; 376873, 4097296; 376869, 4097175; 373167, 4099070; 373018, 4099135; 368883, 4095018; 368919, 4095197; 377043, 4096959; 377279, 4096771; 372559, 4098968; 372437, 4098942; 368924, 4095348; 368868, 4095500; 377430, 4096766; 377522, 4096793; 372349, 4099005; 372291, 4099097; 368715, 4095445; 368595, 4095448; 377673, 4096819; 377887, 4096872; 372174, 4099221; 372026, 4099316; 368472, 4095392; 368227, 4095279; 378039, 4096898; 378249, 4096861; 371875, 4099321; 371785, 4099324; 368044, 4095225; 368078, 4095344; 378578, 4096760; 378698, 4096726; 371695, 4099357; 371515, 4099393; 368205, 4095551; 368331, 4095698; 378967, 4096627; 379089, 4096684; 371363, 4099368; 371240, 4099311; 368364, 4095787; 368307, 4095909; 379571, 4096608; 379781, 4096571; 371118, 4099285; 370871, 4099112; 368194, 4096154; 368168, 4096305; 380053, 4096563; 380202, 4096498; 370782, 4099145; 370755, 4099266; 368052, 4096430; 367957, 4096312; 380257, 4096346; 380221, 4096166; 370452, 4099246; 370267, 4099131; 367742, 4096198; 367646, 4096021; 380069, 4096111; 379856, 4096087; 370291, 4098919; 370103, 4098714; 367429, 4095847; 367213, 4095703; 379613, 4096035; 379459, 4095949; 369949, 4098629; 369733, 4098485; 367067, 4095888; 367194, 4096065; 379305, 4095864; 379182, 4095777; 369636, 4098277; 369478, 4098071; 367350, 4096211; 367413, 4096299; 378998, 4095692; 378874, 4095606; 369421, 4098164; 369397, 4098375; 367418, 4096450; 367606, 4096685; 378844, 4095607; 378751, 4095550; 369247, 4098410; 368883, 4098361; 367759, 4096740; 367882, 4096796; 378627, 4095433; 378532, 4095316; 368578, 4098251; 368421, 4098075; 368006, 4096913; 368070, 4097001;

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 40992 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules

368013, 4097124; 367892, 4097127; 368004, 4101612; 367978, 4101764; 369133, 4102902; 369262, 4103169; 367710, 4097103; 367467, 4097050; 367950, 4101825; 367743, 4101952; 369148, 4103384; 369067, 4103687; 367410, 4097173; 367536, 4097319; 367539, 4102199; 367574, 4102349; 369165, 4103925; 369441, 4104037; 367660, 4097436; 367724, 4097524; 367786, 4102372; 367993, 4102215; 369619, 4103941; 369732, 4103697; 367728, 4097675; 367734, 4097855; 368261, 4102086; 368496, 4101868; 369879, 4103571; 370210, 4103531; 367741, 4098066; 367655, 4098219; 368612, 4101714; 368728, 4101559; 370366, 4103677; 370400, 4103796; 367475, 4098255; 367205, 4098324; 368932, 4101342; 369076, 4101127; 370434, 4103915; 370500, 4104094; 366941, 4098573; 366794, 4098698; 369126, 4100794; 369116, 4100463; 370416, 4104308; 370421, 4104458; 366678, 4098853; 366739, 4098881; 368958, 4100257; 368834, 4100140; 370544, 4104545; 370549, 4104695; 366947, 4098784; 367216, 4098685; 368738, 4099993; 368643, 4099845; 370497, 4104968; 370506, 4105239; 367456, 4098617; 367575, 4098553; 368729, 4099692; 368852, 4099748; 370688, 4105263; 370743, 4105080; 367756, 4098548; 367879, 4098604; 369094, 4099771; 369240, 4099615; 370857, 4104866; 370970, 4104621; 368093, 4098688; 368185, 4098745; 369508, 4099486; 369412, 4099309; 370933, 4104412; 370928, 4104261; 368340, 4098860; 368404, 4098979; 369169, 4099286; 368986, 4099232; 370924, 4104111; 370982, 4104049; 368408, 4099099; 368413, 4099250; 368953, 4099142; 369102, 4099077; 371073, 4104046; 371227, 4104161; 368295, 4099344; 368022, 4099322; 369344, 4099070; 369771, 4099207; 371263, 4104341; 371360, 4104519; 367900, 4099296; 367718, 4099272; 369894, 4099263; 369926, 4099323; 371490, 4104816; 371501, 4105177; 367507, 4099278; 367328, 4099344; 370111, 4099437; 370208, 4099645; 371446, 4105329; 371364, 4105603; 367241, 4099468; 367424, 4099522; 370427, 4099879; 370519, 4099906; 371340, 4105815; 371315, 4105966; 367668, 4099605; 367791, 4099661; 370610, 4099934; 370672, 4099992; 371229, 4106119; 371082, 4106245; 367824, 4099750; 367735, 4099813; 370707, 4100141; 370743, 4100321; 371001, 4106548; 370978, 4106790; 367676, 4099845; 367556, 4099879; 370868, 4100437; 371083, 4100551; 370984, 4106971; 370989, 4107121; 367347, 4099946; 367135, 4099923; 371115, 4100610; 371028, 4100734; 371055, 4107300; 371210, 4107415; 367103, 4099894; 366918, 4099779; 370728, 4100803; 370514, 4100720; 371395, 4107530; 371668, 4107582; 366800, 4099843; 366619, 4099879; 370122, 4100732; 370126, 4100883; 371718, 4107249; 371740, 4106977; 366379, 4099916; 366200, 4099982; 370163, 4101092; 370288, 4101209; 371758, 4106615; 371873, 4106430; 366106, 4099895; 365983, 4099809; 370533, 4101322; 370744, 4101285; 372109, 4106242; 372322, 4106266; 366017, 4099928; 366051, 4100077; 370922, 4101189; 371195, 4101240; 372390, 4106505; 372276, 4106749; 366055, 4100198; 365817, 4100296; 371378, 4101265; 371409, 4101294; 372192, 4106963; 371960, 4107271; 365759, 4100388; 365764, 4100538; 371412, 4101414; 371358, 4101597; 371880, 4107605; 371891, 4107936; 365707, 4100661; 365468, 4100728; 371421, 4101685; 371541, 4101651; 371868, 4108178; 371847, 4108450; 365289, 4100825; 365262, 4100916; 371686, 4101466; 371830, 4101251; 371856, 4108751; 371860, 4108871; 365238, 4101097; 365242, 4101248; 371977, 4101125; 372163, 4101270; 371957, 4109079; 372145, 4109284; 365305, 4101306; 365338, 4101395; 372198, 4101420; 372147, 4101692; 372207, 4109342; 372301, 4109429; 365461, 4101482; 365583, 4101508; 372058, 4101755; 371972, 4101909; 372518, 4109603; 372702, 4109688; 365707, 4101595; 365977, 4101556; 372009, 4102119; 372133, 4102235; 373006, 4109738; 373158, 4109764; 366008, 4101555; 366064, 4101433; 372138, 4102386; 372050, 4102449; 373430, 4109785; 373856, 4109862; 366149, 4101249; 366112, 4101040; 371932, 4102543; 371809, 4102486; 374282, 4109969; 374583, 4109930; 366107, 4100889; 366194, 4100766; 371747, 4102428; 371629, 4102522; 375005, 4109886; 375212, 4109759; 366281, 4100643; 366337, 4100520; 371477, 4102497; 371327, 4102532; 375603, 4109686; 375630, 4109681; 366394, 4100398; 366634, 4100330; 371331, 4102652; 371182, 4102717; 375627, 4109522; 376032, 4109425; 366906, 4100352; 367057, 4100347; 371001, 4102723; 370879, 4102696; 376434, 4109419; 376474, 4109418; 367270, 4100370; 367542, 4100392; 370699, 4102732; 370400, 4102832; 376515, 4109417; 376595, 4109416; 367636, 4100479; 367759, 4100566; 370157, 4102810; 370092, 4102661; 376635, 4109416; 376676, 4109415; 367793, 4100685; 367768, 4100837; 370179, 4102538; 370358, 4102472; 376716, 4109414; returning to 376756, 367771, 4100927; 367534, 4101085; 370384, 4102351; 370381, 4102230; 4109414. 367235, 4101185; 367092, 4101430; 370284, 4102052; 370043, 4102060; (ii) Note: Map of Unit 5 (Taboose 367124, 4101490; 367185, 4101518; 369801, 4102068; 369442, 4102169; Creek) for Sierra Nevada bighorn sheep 367366, 4101512; 367606, 4101444; 369050, 4102212; 368692, 4102344; (Map 6) follows: 367787, 4101438; 367910, 4101525; 368607, 4102527; 368855, 4102730; BILLING CODE 4310–55–P

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(11) Unit 6 (Sawmill Canyon); Fresno Mount Clarence King and Kearsarge 380512, 4083384; 380416, 4083207; and Inyo Counties, California. Peak. Land bounded by the following 380321, 4083059; 380256, 4082940; (i) From USGS 1:24,000 scale UTM zone 11 NAD83 coordinates (E, N): 380133, 4082854; 379980, 4082799; quadrangles Mount Pinchot, Aberdeen,

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 EP25JY07.006 40994 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules

379859, 4082802; 379709, 4082837; 373118, 4088467; 373447, 4088367; 381107, 4091680; 380983, 4091593; 379527, 4082813; 379374, 4082757; 373629, 4088361; 373659, 4088360; 380798, 4091479; 380494, 4091398; 379265, 4082696; 379160, 4082674; 373750, 4088387; 373842, 4088414; 380431, 4091340; 380366, 4091191; 379038, 4082647; 378867, 4082568; 373968, 4088591; 373971, 4088682; 380361, 4091041; 380386, 4090859; 378795, 4082595; 378516, 4082363; 374007, 4088861; 374100, 4088949; 380532, 4090704; 380796, 4090454; 378327, 4082128; 378166, 4081831; 374253, 4089004; 374464, 4088967; 381061, 4090235; 381269, 4090108; 378065, 4081503; 377933, 4081146; 374645, 4088962; 374768, 4089048; 381504, 4089920; 381771, 4089761; 377834, 4080878; 377738, 4080700; 374801, 4089137; 374776, 4089289; 381913, 4089455; 381966, 4089213; 377610, 4080493; 377442, 4080457; 374686, 4089322; 374443, 4089269; 381956, 4088912; 381975, 4088550; 377339, 4080502; 377219, 4080536; 374323, 4089303; 374265, 4089365; 382088, 4088305; 382178, 4088272; 376984, 4080754; 376746, 4080882; 374147, 4089459; 374089, 4089551; 382237, 4088240; 382297, 4088238; 376628, 4080946; 376239, 4081079; 374033, 4089674; 374071, 4089913; 382537, 4088170; 382775, 4088042; 376030, 4081176; 375641, 4081278; 374164, 4090001; 374256, 4090058; 383039, 4087793; 383123, 4087580; 375519, 4081252; 375032, 4081147; 374379, 4090115; 374439, 4090113; 383323, 4087242; 383434, 4086907; 374788, 4081064; 374635, 4081009; 374535, 4090260; 374479, 4090413; 383638, 4086690; 383908, 4086621; 374295, 4080749; 373983, 4080457; 374486, 4090623; 374585, 4090891; 384089, 4086615; 384330, 4086578; 374028, 4080221; 373860, 4080371; 374648, 4090980; 374742, 4091067; 384450, 4086544; 384718, 4086445; 373684, 4080557; 373540, 4080772; 374806, 4091186; 374869, 4091274; 384987, 4086346; 385137, 4086311; 373455, 4080956; 373288, 4081413; 374873, 4091394; 374944, 4091724; 385317, 4086245; 385466, 4086180; 373050, 4081541; 372934, 4081695; 375104, 4092020; 375353, 4092253; 385554, 4086117; 385552, 4086057; 372606, 4081826; 372340, 4082015; 375506, 4092308; 375784, 4092480; 385399, 4085971; 385278, 4085975; 372244, 4082045; 372121, 4082062; 376026, 4092503; 376146, 4092469; 385186, 4085948; 385065, 4085922; 371940, 4082079; 371706, 4082035; 376298, 4092494; 376391, 4092582; 384944, 4085926; 384792, 4085900; 371156, 4081842; 370857, 4081941; 376454, 4092670; 376548, 4092757; 384672, 4085934; 384490, 4085910; 370503, 4082224; 370199, 4082263; 376700, 4092783; 376851, 4092778; 384369, 4085914; 384277, 4085856; 369698, 4082060; 368468, 4081749; 377125, 4092860; 377249, 4092946; 384185, 4085829; 384094, 4085802; 367602, 4081695; 367089, 4081384; 377375, 4093123; 377410, 4093272; 383696, 4085634; 383574, 4085607; 366778, 4081235; 366399, 4081303; 377564, 4093358; 377719, 4093474; 383452, 4085581; 383330, 4085525; 366264, 4081871; 366778, 4082344; 378147, 4093641; 378302, 4093756; 367143, 4082763; 367427, 4083358; 378486, 4093841; 378704, 4094045; 383178, 4085499; 383086, 4085472; 367548, 4083750; 367616, 4084237; 378951, 4094218; 379315, 4094267; 382963, 4085386; 382749, 4085332; 367778, 4084629; 367995, 4084724; 379468, 4094322; 379649, 4094316; 382537, 4085309; 382385, 4085283; 368279, 4084669; 368495, 4084764; 379894, 4094399; 380136, 4094421; 382231, 4085198; 381960, 4085206; 368738, 4084940; 368968, 4085237; 380289, 4094477; 380473, 4094561; 381842, 4085300; 381721, 4085304; 369198, 4085400; 369536, 4085481; 380690, 4094735; 380873, 4094790; 381628, 4085217; 381595, 4085127; 369769, 4085771; 369933, 4086158; 381053, 4094754; 381294, 4094716; 381529, 4084949; 381466, 4084890; 370188, 4086602; 370528, 4086832; 381411, 4094592; 381403, 4094351; 381429, 4084681; 381331, 4084443; 370742, 4086916; 370782, 4087216; 381394, 4094081; 381389, 4093900; 381176, 4084297; 381080, 4084150; 370816, 4087335; 370850, 4087454; 381322, 4093691; 381288, 4093572; 381016, 4084031; 380956, 4084033; 370978, 4087691; 371016, 4087931; 381041, 4093429; 380797, 4093346; 380773, 4083979; 380619, 4083893; 371050, 4088051; 371089, 4088321; 380552, 4093234; 380575, 4093022; 380582, 4083683; 380513, 4083414; 371394, 4088401; 371664, 4088363; 380630, 4092839; 380441, 4092604; returning to 380512, 4083384. 371848, 4088447; 371973, 4088564; 380495, 4092392; 380611, 4092238; (ii) Note: Map of Unit 6 (Sawmill 372034, 4088592; 372340, 4088703; 380818, 4092111; 380998, 4092045; Canyon) for Sierra Nevada bighorn 372640, 4088633; 372970, 4088562; 381116, 4091981; 381142, 4091829; sheep (Map 7) follows:

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(12) Unit 7 (Mount Baxter); Fresno King and Kearsarge Peak. Land bounded 374635, 4081009; 374788, 4081064; and Inyo Counties, California. by the following UTM zone 11 NAD83 375032, 4081147; 375519, 4081252; (i) From USGS 1:24,000 scale coordinates (E, N): 374028, 4080221; 375641, 4081278; 376030, 4081176; quadrangles Aberdeen, Mount Clarence 373983, 4080457; 374295, 4080749; 376239, 4081079; 376628, 4080946;

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376746, 4080882; 376984, 4080754; 383385, 4079619; 383318, 4079410; 380476, 4070763; 380386, 4070796; 377219, 4080536; 377339, 4080502; 383126, 4079084; 382787, 4078884; 380329, 4070888; 380183, 4071044; 377442, 4080457; 377610, 4080493; 382573, 4078801; 382268, 4078720; 380004, 4071140; 379946, 4071202; 377738, 4080700; 377834, 4080878; 382054, 4078636; 381899, 4078491; 379823, 4071145; 379698, 4070999; 377933, 4081146; 378065, 4081503; 381864, 4078341; 381857, 4078130; 379600, 4070761; 379445, 4070645; 378166, 4081831; 378327, 4082128; 382123, 4077941; 382299, 4077785; 379050, 4070567; 378715, 4070487; 378516, 4082363; 378795, 4082595; 382598, 4077685; 382685, 4077562; 378534, 4070493; 378263, 4070532; 378867, 4082568; 379038, 4082647; 382772, 4077439; 382798, 4077317; 378142, 4070536; 377869, 4070514; 379160, 4082674; 379265, 4082696; 382762, 4077138; 382693, 4076869; 377753, 4070668; 377635, 4070762; 379374, 4082757; 379527, 4082813; 382628, 4076720; 382592, 4076541; 377516, 4070796; 377272, 4070744; 379709, 4082837; 379859, 4082802; 382467, 4076394; 382431, 4076214; 377151, 4070717; 376969, 4070723; 379980, 4082799; 380133, 4082854; 382422, 4075944; 382420, 4075853; 376700, 4070792; 376551, 4070857; 380256, 4082940; 380321, 4083059; 382415, 4075703; 382411, 4075582; 376068, 4070872; 375768, 4070942; 380416, 4083207; 380512, 4083384; 382376, 4075433; 382219, 4075257; 375405, 4070953; 375071, 4070903; 380727, 4083498; 380880, 4083553; 382127, 4075200; 382006, 4075204; 374892, 4070969; 374774, 4071063; 381125, 4083666; 381307, 4083660; 381917, 4075237; 381828, 4075300; 381760, 4083676; 382157, 4083814; 381588, 4075367; 381498, 4075370; 374477, 4071223; 374114, 4071205; 382374, 4083988; 382561, 4084163; 381257, 4075408; 380982, 4075296; 373869, 4071092; 373301, 4071291; 382902, 4084423; 382969, 4084632; 380831, 4075301; 380799, 4075242; 373065, 4071479; 372945, 4071628; 383097, 4084869; 383261, 4085256; 380856, 4075149; 381004, 4075054; 373168, 4071877; 373380, 4072302; 383416, 4085401; 383537, 4085398; 381064, 4075022; 381215, 4075018; 373305, 4073027; 373293, 4073252; 383692, 4085513; 383967, 4085625; 381455, 4074980; 381605, 4074945; 373093, 4073577; 372943, 4073790; 384119, 4085650; 384182, 4085709; 381725, 4074911; 381844, 4074847; 372693, 4073852; 372480, 4073752; 384213, 4085738; 384244, 4085767; 382054, 4074810; 382239, 4074925; 372330, 4073514; 372255, 4073289; 384367, 4085853; 384670, 4085874; 382392, 4074981; 382544, 4075006; 371993, 4073327; 371693, 4073689; 384852, 4085898; 385092, 4085830; 382632, 4074913; 382593, 4074643; 371543, 4074102; 371843, 4074765; 385213, 4085827; 385396, 4085881; 382436, 4074467; 382281, 4074351; 372030, 4075127; 372243, 4075427; 385515, 4085817; 385631, 4085663; 382129, 4074296; 382216, 4074203; 372205, 4075727; 371980, 4075927; 385715, 4085479; 385770, 4085297; 382393, 4074047; 382659, 4073858; 371824, 4076302; 371812, 4077578; 385765, 4085147; 385729, 4084967; 382774, 4073673; 382858, 4073460; 371661, 4078453; 371486, 4078640; 385662, 4084758; 385564, 4084520; 382822, 4073280; 382787, 4073131; 371024, 4078703; 370743, 4078628; 385498, 4084342; 385402, 4084164; 382753, 4073011; 382778, 4072860; 370443, 4078490; 370226, 4078314; 385277, 4084047; 385184, 4083960; 382835, 4072737; 382895, 4072736; 370197, 4078295; 370023, 4078503; 385117, 4083751; 385113, 4083631; 383014, 4072672; 383010, 4072551; 370037, 4078955; 369931, 4079410; 385078, 4083481; 385073, 4083331; 382977, 4072462; 382885, 4072404; 369948, 4079952; 370023, 4080401; 385069, 4083210; 385124, 4083028; 382761, 4072318; 382640, 4072322; 370216, 4080787; 370463, 4080930; 385088, 4082848; 385084, 4082728; 382489, 4072327; 382488, 4072266; 370861, 4081098; 371163, 4081088; 385114, 4082697; 385234, 4082693; 382575, 4072173; 382694, 4072109; 371407, 4081171; 371836, 4081368; 385384, 4082658; 385383, 4082598; 382968, 4072161; 382965, 4072071; 372051, 4081482; 372322, 4081443; 385318, 4082480; 385255, 4082391; 382933, 4072011; 382902, 4071982; 372676, 4081161; 372814, 4080765; 385162, 4082304; 385128, 4082184; 382839, 4071924; 382810, 4071955; 372865, 4080462; 373090, 4079913; 385124, 4082064; 385023, 4081736; 382750, 4071957; 382686, 4071869; 373259, 4079546; 373580, 4079174; 384960, 4081647; 384898, 4081619; 382565, 4071842; 382502, 4071754; 373739, 4079410; 373866, 4079617; 384777, 4081593; 384649, 4081386; 382409, 4071696; 382314, 4071549; 374025, 4079883; 374061, 4080063; 384581, 4081147; 384392, 4080912; 382310, 4071428; 382273, 4071219; 384386, 4080702; 384320, 4080523; 382268, 4071068; 382264, 4070918; 374035, 4080184; returning to 374028, 384199, 4080527; 384108, 4080530; 382141, 4070861; 381900, 4070869; 4080221. 383867, 4080537; 383745, 4080511; 381691, 4070966; 381361, 4071037; (ii) Note: Map of Unit 7 (Mount 383682, 4080423; 383584, 4080185; 381238, 4070980; 380965, 4070929; Baxter) for Sierra Nevada bighorn sheep 383519, 4080036; 383422, 4079858; 380812, 4070873; 380627, 4070759; (Map 8) follows:

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(13) Unit 8 (Mount Williamson); Inyo Brewer, Mount Williamson, Manzanar, 384282, 4069770; 384492, 4069703; and Tulare Counties, California. Mount Whitney and Mount Langley. 384612, 4069699; 384763, 4069694; (i) From USGS 1:24,000 scale Land bounded by the following UTM 384974, 4069658; 385152, 4069562; quadrangle Kearsarge Peak, Mount zone 11 NAD83 coordinates (E, N): 385148, 4069441; 384994, 4069356;

VerDate Aug<31>2005 19:39 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 EP25JY07.008 40998 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules

384934, 4069358; 384840, 4069270; 389404, 4053974; 389523, 4053910; 379080, 4060053; 378929, 4060027; 384627, 4069217; 384623, 4069096; 389613, 4053877; 389637, 4053696; 378803, 4059881; 378768, 4059731; 384617, 4068886; 384580, 4068676; 389606, 4053667; 389515, 4053669; 378794, 4059580; 378759, 4059430; 384570, 4068345; 384463, 4067836; 389362, 4053584; 389208, 4053498; 378755, 4059310; 378691, 4059191; 384390, 4067447; 384376, 4066995; 388962, 4053355; 388780, 4053331; 378537, 4059106; 378325, 4059082; 384334, 4066635; 384385, 4066332; 388597, 4053277; 388261, 4053167; 378175, 4059117; 378049, 4058971; 384439, 4066120; 384495, 4065998; 388014, 4053024; 387829, 4052879; 377834, 4058857; 377650, 4058772; 384611, 4065813; 384637, 4065692; 387458, 4052620; 387303, 4052504; 377526, 4058656; 377492, 4058536; 384753, 4065538; 384810, 4065445; 387118, 4052389; 386845, 4052338; 377306, 4058391; 377186, 4058425; 384959, 4065380; 385077, 4065286; 386600, 4052255; 386356, 4052172; 377161, 4058607; 377077, 4058790; 384980, 4065079; 384910, 4064780; 386230, 4052026; 385918, 4051704; 377052, 4058972; 376908, 4059187; 384839, 4064450; 384862, 4064209; 385734, 4051619; 385550, 4051535; 376820, 4059280; 376702, 4059374; 384918, 4064056; 385100, 4064081; 385187, 4051516; 385006, 4051522; 376581, 4059378; 376525, 4059501; 385438, 4064281; 385590, 4064306; 384674, 4051532; 384346, 4051663; 376711, 4059645; 376924, 4059699; 385804, 4064360; 386017, 4064413; 384167, 4051759; 383870, 4051919; 377053, 4059966; 377151, 4060204; 386229, 4064437; 386532, 4064457; 383573, 4052079; 383456, 4052203; 377277, 4060350; 377435, 4060587; 386649, 4064333; 386769, 4064299; 383402, 4052416; 383346, 4052538; 377600, 4061003; 377637, 4061243; 386886, 4064205; 387004, 4064111; 383319, 4052629; 383116, 4052907; 377703, 4061422; 377738, 4061571; 387091, 4063988; 387176, 4063804; 382907, 4053004; 382548, 4053105; 377771, 4061660; 377898, 4061837; 387171, 4063654; 387194, 4063412; 382245, 4053085; 382121, 4052998; 377992, 4061955; 378115, 4062011; 387310, 4063258; 387397, 4063135; 381970, 4052973; 381696, 4052921; 378327, 4062035; 378478, 4062030; 387484, 4063042; 387660, 4062855; 381422, 4052870; 381087, 4052760; 378900, 4061986; 379110, 4061950; 387746, 4062702; 387828, 4062458; 380627, 4052563; 380323, 4052513; 379325, 4062063; 379420, 4062181; 387887, 4062396; 387883, 4062276; 380085, 4052610; 380029, 4052763; 379485, 4062329; 379672, 4062534; 387817, 4062097; 387843, 4061976; 379974, 4052945; 380013, 4053215; 379860, 4062739; 380015, 4062855; 387870, 4061855; 387898, 4061794; 380141, 4053422; 380360, 4053686; 380292, 4063027; 380417, 4063144; 387989, 4061791; 388140, 4061786; 380609, 4053919; 380948, 4054120; 380483, 4063322; 380579, 4063500; 388260, 4061782; 388319, 4061720; 381137, 4054355; 381414, 4054527; 380562, 4063922; 380460, 4064498; 388316, 4061630; 388344, 4061569; 381478, 4054645; 381571, 4054703; 380261, 4064896; 380149, 4065201; 388460, 4061414; 388579, 4061350; 381610, 4054972; 381611, 4055033; 388606, 4061229; 388631, 4061078; 381616, 4055183; 381592, 4055365; 379947, 4065478; 379629, 4065940; 388595, 4060898; 388555, 4060598; 381537, 4055547; 381513, 4055759; 379428, 4066278; 379342, 4066431; 388580, 4060417; 388546, 4060297; 381430, 4055972; 381345, 4056156; 379258, 4066644; 379299, 4066975; 388542, 4060177; 388630, 4060084; 381109, 4056344; 380873, 4056532; 379427, 4067211; 379584, 4067387; 388839, 4060017; 388928, 4059954; 380604, 4056631; 380274, 4056701; 379680, 4067565; 379718, 4067805; 388773, 4059838; 388618, 4059722; 380091, 4056647; 379968, 4056560; 379784, 4067983; 379940, 4068159; 388402, 4059579; 388397, 4059398; 379993, 4056409; 380049, 4056257; 380098, 4068365; 380252, 4068451; 388391, 4059217; 388447, 4059065; 380102, 4056044; 380036, 4055865; 380591, 4068651; 380653, 4068709; 388594, 4058940; 388774, 4058904; 379851, 4055751; 379547, 4055670; 380777, 4068826; 380840, 4068884; 388864, 4058871; 389100, 4058713; 379304, 4055647; 378973, 4055688; 380901, 4068912; 380964, 4069001; 389155, 4058531; 389363, 4058404; 378731, 4055665; 378518, 4055642; 381026, 4069059; 381120, 4069146; 389540, 4058278; 389596, 4058155; 378304, 4055558; 378158, 4055714; 381180, 4069144; 381242, 4069173; 389626, 4058124; 389745, 4058090; 378223, 4055862; 378114, 4056227; 381362, 4069169; 381453, 4069166; 389835, 4058057; 389834, 4058027; 377969, 4056443; 377946, 4056654; 381543, 4069163; 381785, 4069156; 389832, 4057967; 389829, 4057877; 378101, 4056770; 378405, 4056851; 381935, 4069121; 382146, 4069114; 389793, 4057697; 389668, 4057551; 378590, 4056965; 378715, 4057082; 382297, 4069109; 382358, 4069107; 389602, 4057372; 389476, 4057225; 378841, 4057259; 378934, 4057316; 382478, 4069104; 382539, 4069102; 389472, 4057075; 389497, 4056923; 379088, 4057402; 379180, 4057459; 382572, 4069191; 382725, 4069246; 389524, 4056832; 389490, 4056683; 379273, 4057546; 379521, 4057719; 382815, 4069244; 382906, 4069241; 389393, 4056505; 389239, 4056419; 379646, 4057866; 379741, 4058014; 383119, 4069294; 383210, 4069322; 389119, 4056423; 388970, 4056488; 379896, 4058129; 380108, 4058153; 383243, 4069411; 383310, 4069590; 388908, 4056460; 388935, 4056339; 380260, 4058178; 380561, 4058138; 383403, 4069677; 383616, 4069731; 388928, 4056128; 388917, 4055767; 380806, 4058251; 380993, 4058426; 383828, 4069754; 383919, 4069751; 388912, 4055616; 388873, 4055346; 380972, 4058698; 380976, 4058848; 384010, 4069748; returning to 384282, 388742, 4055019; 388615, 4054812; 380712, 4059098; 380536, 4059254; 4069770. 388579, 4054633; 388511, 4054394; 380206, 4059324; 379996, 4059391; (ii) Note: Map of Unit 8 (Mount 388566, 4054241; 388716, 4054177; 379902, 4059274; 379722, 4059310; Williamson) for Sierra Nevada bighorn 388927, 4054170; 388956, 4054139; 379631, 4059312; 379453, 4059408; sheep (Map 9) follows: 389047, 4054136; 389195, 4054041; 379369, 4059622; 379312, 4059744; BILLING CODE 4310–55–P

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(14) Unit 9 (Big Arroyo); Tulare (i) From USGS 1:24,000 scale bounded by the following UTM zone 11 County, California. quadrangles Triple Divide Peak, Mount NAD83 coordinates (E, N): 367856, Kaweah, and Chagoopa Falls. Land 4049078; 368038, 4049073; 368311,

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4049124; 368644, 4049144; 368824, 4044843; 373304, 4045503; 373323, 4037309; 368432, 4037582; 368318, 4049108; 369090, 4048919; 369207, 4046105; 373219, 4046650; 372992, 4037827; 368114, 4038044; 367910, 4048795; 369203, 4048644; 369201, 4047109; 372919, 4047684; 372692, 4038291; 367764, 4038447; 367616, 4048584; 369169, 4048525; 369072, 4048143; 372701, 4048414; 373011, 4038542; 367411, 4038759; 367265, 4048347; 368645, 4048210; 368224, 4048675; 373283, 4048667; 373432, 4038914; 366971, 4039194; 366588, 4048284; 367925, 4048383; 367593, 4048602; 373602, 4048265; 373805, 4039508; 366295, 4039788; 366005, 4048394; 367503, 4048397; 367260, 4047988; 373975, 4047621; 374080, 4040159; 365710, 4040409; 365323, 4048374; 366955, 4048293; 366591, 4047105; 374277, 4046647; 374322, 4040602; 364940, 4040885; 364704, 4048244; 366345, 4048102; 365916, 4046164; 374308, 4045712; 374200, 4041073; 364407, 4041233; 364172, 4047904; 365549, 4047765; 365361, 4045174; 374158, 4044783; 374181, 4041451; 363937, 4041670; 363675, 4047560; 364989, 4047270; 364864, 4044572; 374200, 4044210; 374217, 4041979; 363294, 4042383; 363033, 4047124; 364797, 4046915; 364973, 4043787; 374236, 4043425; 374288, 4046759; 365395, 4046715; 365735, 4043152; 374391, 4042607; 374467, 4042722; 362830, 4043000; 362598, 4046946; 366102, 4047085; 366467, 4042122; 374516, 4041759; 374537, 4043309; 362513, 4043462; 362550, 4047164; 366891, 4047211; 367465, 4041488; 374470, 4041279; 374347, 4043702; 362773, 4044056; 362873, 4047193; 367920, 4047269; 368407, 4041192; 374136, 4041229; 374014, 4044354; 362976, 4044743; 362987, 4047374; 368560, 4047429; 369013, 4041173; 373950, 4041054; 373904, 4045104; 362907, 4045438; 362796, 4047415; 368911, 4047057; 368632, 4040574; 373897, 4040333; 373915, 4045743; 362624, 4046049; 362419, 4046825; 368322, 4046593; 367802, 4039971; 373903, 4039579; 373888, 4046267; 362243, 4046423; 362434, 4046399; 367406, 4046291; 366767, 4039098; 373877, 4038737; 373895, 4046718; 362771, 4046888; 363048, 4046130; 366404, 4046141; 366068, 4038375; 373915, 4038043; 373877, 4047030; 363355, 4047201; 363540, 4046031; 365913, 4045886; 365868, 4037773; 373839, 4037533; 373619, 4047316; 363809, 4047217; 363990, 4045435; 366038, 4045068; 366392, 4037269; 373549, 4036970; 373479, 4047211; 364085, 4047329; 364213, 4044786; 366506, 4044572; 367012, 4036670; 373530, 4036368; 373518, 4047566; 364430, 4047740; 364638, 4044315; 366916, 4044167; 366999, 4035976; 373478, 4035676; 373263, 4047643; 364880, 4047635; 364946, 4043924; 367179, 4043858; 367575, 4035563; 373112, 4035567; 373019, 4047814; 364918, 4047875; 364772, 4043966; 367970, 4044044; 368277, 4035480; 373040, 4035208; 373120, 4048061; 364751, 4048332; 364757, 4044185; 368402, 4044331; 368714, 4034844; 373172, 4034601; 373171, 4048543; 364885, 4048750; 365096, 4044653; 369028, 4045005; 369348, 4034571; 373195, 4034360; 373188, 4048743; 365274, 4048647; 365419, 4045597; 369454, 4046076; 369830, 4034149; 373125, 4034061; 373093, 4048432; 365540, 4048458; 365753, 4046486; 370175, 4046897; 370518, 4034001; 372881, 4033978; 372671, 4048482; 365964, 4048475; 366116, 4047247; 370783, 4047028; 370644, 4034015; 372489, 4034020; 372278, 4048500; 366302, 4048645; 366454, 4046430; 370695, 4046127; 370690, 4034027; 372096, 4034002; 372005, 4048671; 366638, 4048755; 366736, 4045977; 370534, 4045831; 370317, 4034005; 371642, 4033987; 371403, 4048993; 366926, 4049288; 367023, 4045657; 370041, 4045515; 369914, 4034054; 371161, 4034062; 371012, 4049466; 367148, 4049613; 367333, 4045338; 369817, 4045130; 369781, 4034127; 370652, 4034198; 370474, 4049727; 367635, 4049718; 367747, 4044951; 369897, 4044797; 370077, 4034294; 370386, 4034387; 369997, 4044731; 370292, 4044844; 370507, 4034520; 369847, 4034555; 369670, 4049443; 367652, 4049296; 367648, 4044958; 370665, 4045194; 370946, 4034681; 369253, 4034875; 368900, 4049175; 367736, 4049082; returning to 4045487; 371279, 4045506; 371607, 4035187; 368785, 4035372; 368611, 367856, 4049078. 4045345; 372024, 4045152; 372379, 4035588; 368408, 4035866; 368444, (ii) Note: Map of Unit 9 (Big Arroyo) 4044929; 372551, 4044623; 372817, 4036045; 368544, 4036343; 368613, for Sierra Nevada bighorn sheep (Map 4044434; 373092, 4044546; 373223, 4036612; 368531, 4036916; 368483, 10) follows:

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(15) Unit 10 (Mount Langley); Inyo Langley, Lone Pine, Johnson Peak, 391835, 4048656; 392289, 4048672; and Tulare Counties, California. Cirque Peak, and Bartlett. Land bounded 392648, 4048570; 393008, 4048499; (i) From USGS 1:24,000 scale by the following UTM zone 11 NAD83 393517, 4048332; 393840, 4048051; quadrangles Mount Whitney, Mount coordinates (E, N): 391201, 4048676; 393861, 4047749; 393701, 4047453;

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393997, 4047263; 394301, 4047313; 402036, 4037732; 402453, 4037568; 393996, 4039551; 393553, 4039896; 394691, 4047241; 394959, 4047112; 403052, 4037399; 403265, 4037370; 393199, 4040148; 392841, 4040310; 394980, 4046810; 394761, 4046576; 403437, 4037350; 403454, 4037349; 392599, 4040288; 392388, 4040324; 394545, 4046432; 394209, 4046322; 403451, 4037001; 403437, 4037001; 392208, 4040360; 392026, 4040336; 393872, 4046182; 393805, 4045973; 402801, 4037105; 402468, 4037086; 391845, 4040341; 391695, 4040376; 393952, 4045848; 394346, 4045866; 401954, 4037072; 401743, 4037078; 391607, 4040469; 391464, 4040715; 394557, 4045859; 394797, 4045822; 401474, 4037177; 401200, 4037095; 391168, 4040905; 391019, 4040970; 394914, 4045698; 395096, 4045722; 400986, 4037012; 400832, 4036926; 390717, 4040979; 390615, 4040870; 395312, 4045836; 395435, 4045922; 400587, 4036813; 400582, 4036663; 390526, 4040776; 390443, 4040719; 395609, 4045676; 395357, 4045352; 400580, 4036603; 400666, 4036449; 390324, 4040646; 390241, 4040657; 395142, 4045239; 394955, 4045064; 400841, 4036263; 401078, 4036105; 390158, 4040641; 390080, 4040574; 394737, 4044860; 394607, 4044562; 401286, 4036008; 401736, 4035904; 390002, 4040480; 389955, 4040018; 394630, 4044351; 394785, 4044466; 402332, 4035644; 402478, 4035459; 390023, 4039509; 389862, 4039176; 394972, 4044641; 395189, 4044815; 402592, 4035244; 402736, 4035029; 389441, 4038958; 389108, 4038818; 395465, 4044957; 395741, 4045069; 402939, 4034751; 403054, 4034567; 389015, 4038797; 388682, 4038673; 396017, 4045211; 396292, 4045323; 403316, 4034257; 403521, 4034040; 388527, 4038553; 388246, 4038309; 396624, 4045312; 396865, 4045275; 403693, 4033764; 403840, 4033638; 388225, 4038111; 388142, 4038091; 397011, 4045120; 396916, 4044972; 403988, 4033543; 404106, 4033449; 388054, 4038169; 387992, 4038413; 396912, 4044852; 396906, 4044671; 404311, 4033232; 404456, 4033047; 387898, 4039083; 387695, 4039478; 396989, 4044427; 397139, 4044392; 404629, 4032770; 404746, 4032646; 387443, 4039666; 387108, 4039586; 397225, 4044239; 397130, 4044092; 404742, 4032526; 404646, 4032378; 386653, 4039541; 386445, 4039637; 397004, 4043945; 396941, 4043856; 404481, 4032210; 404371, 4031974; 386479, 4039787; 386788, 4039988; 396910, 4043827; 396816, 4043710; 404270, 4031915; 404169, 4031814; 387154, 4040097; 387492, 4040267; 396872, 4043588; 397085, 4043611; 404034, 4031695; 403840, 4031602; 387587, 4040415; 387626, 4040685; 397269, 4043726; 397424, 4043841; 403679, 4031476; 403510, 4031223; 387539, 4040808; 387242, 4040968; 397610, 4043986; 397705, 4044134; 403325, 4031113; 403114, 4030986; 387030, 4040945; 386663, 4040805; 397826, 4044130; 397974, 4044035; 402911, 4030843; 402683, 4030682; 386571, 4040778; 386423, 4040873; 397988, 4043910; 398032, 4043812; 402455, 4030471; 402345, 4030421; 386520, 4041081; 386706, 4041226; 398101, 4043709; 398135, 4043591; 402016, 4030302; 401797, 4030311; 386895, 4041461; 387083, 4041696; 398258, 4043464; 398459, 4043386; 401611, 4030311; 401256, 4030370; 387183, 4041994; 387197, 4042415; 398630, 4043312; 398832, 4043175; 401079, 4030370; 400767, 4030328; 387266, 4042684; 387125, 4043020; 399028, 4043028; 399145, 4042939; 400404, 4030286; 400100, 4030159; 387068, 4043112; 386891, 4043269; 399209, 4042895; 399312, 4042807; 399880, 4030100; 399745, 4030286; 386710, 4043274; 386617, 4043187; 399366, 4042758; 399410, 4042704; 399661, 4030640; 399568, 4030868; 386370, 4043014; 386328, 4042654; 399454, 4042670; 399582, 4042567; 399652, 4031501; 399492, 4031881; 386323, 4042503; 386227, 4042325; 399694, 4042459; 399758, 4042385; 399323, 4032202; 399070, 4032464; 386193, 4042206; 386187, 4042025; 399846, 4042312; 399944, 4042199; 398876, 4032742; 398758, 4033029; 386181, 4041815; 386147, 4041695; 400033, 4042101; 400096, 4041978; 398606, 4033527; 398766, 4033823; 385866, 4041403; 385677, 4041168; 400219, 4041836; 400286, 4041643; 398859, 4034354; 398867, 4034473; 385489, 4040963; 385424, 4040814; 400252, 4041523; 400128, 4041437; 398867, 4034574; 398867, 4034692; 385175, 4040581; 384687, 4040446; 400005, 4041380; 399883, 4041324; 398859, 4034768; 398867, 4034878; 384085, 4040495; 383395, 4040667; 399698, 4041209; 399455, 4041157; 398859, 4034962; 398842, 4035047; 382950, 4040922; 382597, 4041234; 399327, 4040950; 399383, 4040797; 398817, 4035156; 398825, 4035292; 382557, 4041868; 382965, 4042368; 399592, 4040731; 399927, 4040810; 398817, 4035418; 398783, 4035553; 383585, 4042860; 383899, 4043242; 400292, 4040889; 400718, 4040966; 398775, 4035671; 398741, 4035787; 383974, 4043692; 384083, 4044291; 401019, 4040957; 401230, 4040920; 398591, 4035822; 398442, 4035887; 384064, 4044653; 384347, 4045005; 401313, 4040742; 401218, 4040743; 398294, 4035982; 398026, 4036080; 384752, 4045384; 385209, 4045490; 401216, 4040470; 401215, 4040469; 397844, 4036086; 397727, 4036104; 385338, 4045757; 385674, 4045867; 401123, 4040411; 400849, 4040330; 397729, 4036166; 397321, 4036177; 386068, 4045915; 386432, 4045964; 400699, 4040395; 400579, 4040398; 397117, 4036180; 397065, 4036291; 386733, 4045925; 387003, 4045856; 400425, 4040313; 400272, 4040257; 397073, 4036532; 397229, 4036678; 387456, 4045842; 387935, 4045706; 400151, 4040261; 399969, 4040237; 397565, 4036818; 397899, 4036868; 388454, 4045870; 388701, 4046043; 399818, 4040242; 399727, 4040214; 398144, 4036950; 398575, 4037208; 388853, 4046069; 389062, 4046002; 399573, 4040129; 399364, 4040196; 398760, 4037323; 398826, 4037501; 389305, 4046024; 389585, 4046287; 399184, 4040231; 399001, 4040177; 398587, 4037599; 398285, 4037609; 389713, 4046524; 389873, 4046790; 398875, 4040030; 398718, 4039824; 398074, 4037615; 397779, 4037835; 390029, 4046966; 390102, 4047355; 398769, 4039552; 398794, 4039370; 397573, 4038023; 397247, 4038214; 390199, 4047563; 390149, 4047896; 398816, 4039098; 398776, 4038798; 396925, 4038555; 396808, 4038679; 390462, 4048217; 390866, 4048596; 398854, 4038404; 398936, 4038130; 396694, 4038894; 396521, 4039140; returning to 391201, 4048676. 399265, 4038030; 399537, 4038021; 396440, 4039474; 396020, 4039548; (ii) Note: Map of Unit 10 (Mount 399838, 4037982; 400353, 4038026; 395687, 4039528; 395353, 4039478; Langley) for Sierra Nevada bighorn 400864, 4037949; 401406, 4037902; 395015, 4039308; 394354, 4039419; sheep (Map 11) follows:

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(16) Unit 11 (Laurel Creek); Tulare Falls, Quinn Peak, and Kern Lake. Land 4031248; 373234, 4030979; 373246, County, California. bounded by the following UTM zone 11 4030646; 373240, 4030446; 373299, (i) From USGS 1:24,000 scale NAD83 coordinates (E, N): 373174, 4030200; 373294, 4030045; 373311, quadrangles Mineral King, Chagoopa 4031891; 373186, 4031558; 373154, 4029867; 373368, 4029577; 373315,

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4029290; 373265, 4029114; 373238, 4024257; 362979, 4024175; 362728, 4032015; 364472, 4032009; 364583, 4028981; 373232, 4028782; 373228, 4023983; 362562, 4023655; 362372, 4032005; 364830, 4032064; 364966, 4028671; 373244, 4028471; 373261, 4023284; 362190, 4023156; 361949, 4032127; 365212, 4032186; 365326, 4028292; 373235, 4028160; 373118, 4023275; 361734, 4023526; 361439, 4032249; 365371, 4032269; 365553, 4027986; 373114, 4027853; 373201, 4024046; 361355, 4024226; 361276, 4032397; 365712, 4032503; 365780, 4027784; 373307, 4027625; 373303, 4024539; 361283, 4024739; 361287, 4032523; 365916, 4032607; 366029, 4027492; 373295, 4027248; 373288, 4024894; 361272, 4025116; 361278, 4032671; 366122, 4032779; 366147, 4027026; 373370, 4026802; 373343, 4025294; 361376, 4025579; 361426, 4032889; 366152, 4033022; 366154, 4026647; 373335, 4026403; 373361, 4025778; 361250, 4025827; 361010, 4033088; 366317, 4033327; 366406, 4025803; 373349, 4025426; 373426, 4025990; 360838, 4026196; 360688, 4033325; 366516, 4033277; 366602, 4025046; 373542, 4024488; 373421, 4026378; 360408, 4026675; 360260, 4033185; 366665, 4033072; 366816, 4024158; 373270, 4024319; 373084, 4026924; 360046, 4027197; 359897, 4032912; 366948, 4032864; 367016, 4024791; 372982, 4025082; 372972, 4027402; 359791, 4027583; 359529, 4032884; 367175, 4032990; 367310, 4025460; 373002, 4025726; 372967, 4027746; 359063, 4027783; 358774, 4033030; 367512, 4033090; 367623, 4026015; 372813, 4026087; 372622, 4027814; 358531, 4027866; 358309, 4033087; 367799, 4033015; 367930, 4026381; 372567, 4026738; 372492, 4027895; 358180, 4028033; 358116, 4032944; 367993, 4032809; 367812, 4027184; 372494, 4027251; 372544, 4028124; 358009, 4028282; 357927, 4032726; 367632, 4032665; 367429, 4027449; 372683, 4027600; 372797, 4028485; 357931, 4028618; 358005, 4032582; 367248, 4032477; 367132, 4027685; 372844, 4027773; 372868, 4028837; 358096, 4028901; 358170, 4032325; 366969, 4032108; 366718, 4027839; 372850, 4027950; 372627, 4029143; 358309, 4029316; 358871, 4031916; 366739, 4031871; 366849, 4027957; 372493, 4027939; 372334, 4029476; 359141, 4029579; 359257, 4031823; 366916, 4031844; 367049, 4027833; 372088, 4027819; 371867, 4029708; 359484, 4029857; 359667, 4031839; 367250, 4031833; 367384, 4027848; 371735, 4027896; 371467, 4030028; 359672, 4030184; 359521, 4031851; 367499, 4031958; 367588, 4027883; 371376, 4027819; 371153, 4030322; 359325, 4030483; 359243, 4031978; 367634, 4032021; 367749, 4027804; 370951, 4027743; 370794, 4030686; 359295, 4030928; 359325, 4032128; 367815, 4032126; 367880, 4027704; 370614, 4027665; 370368, 4031171; 359351, 4031282; 359270, 4032057; 367852, 4031859; 367892, 4027628; 370167, 4027590; 369942, 4031551; 359321, 4031749; 359261, 4031724; 367957, 4031678; 368048, 4027531; 369740, 4027471; 369540, 4031973; 359113, 4032221; 358851, 4031741; 368183, 4031782; 368397, 4027477; 369315, 4027417; 369225, 4032407; 358587, 4032504; 358259, 4031508; 368486, 4031506; 368664, 4027376; 369088, 4027291; 368842, 4032692; 358269, 4033003; 358344, 4031500; 368891, 4031626; 368958, 4027232; 368686, 4027237; 368416, 4033267; 358592, 4033348; 358837, 4031646; 369050, 4031732; 369297, 4027135; 368191, 4027075; 368057, 4033362; 358952, 4033470; 359201, 4031791; 369564, 4031783; 369809, 4027057; 367878, 4027018; 367675, 4033617; 359530, 4033452; 359660, 4031797; 370121, 4031810; 370520, 4026936; 367474, 4026920; 367297, 4033336; 359907, 4033395; 359976, 4031753; 370984, 4031649; 371185, 4026970; 367076, 4027021; 366900, 4033482; 360158, 4033587; 360425, 4031643; 371741, 4031626; 372030, 4027093; 366656, 4027101; 366475, 4033579; 360624, 4033550; 360800, 4031617; 372432, 4031648; 372543, 4027018; 366339, 4026933; 366202, 4033478; 361106, 4033313; 361280, 4031667; 372702, 4031751; 372753, 4026827; 366128, 4026607; 365901, 4033175; 361405, 4032904; 361468, 4031949; 372714, 4032150; 372652, 4026481; 365715, 4026220; 365708, 4032769; 361508, 4032613; 361594, 4032285; 372548, 4032533; 372578, 4025999; 365794, 4025885; 366031, 4032521; 361719, 4032251; 361664, 4032776; 372564, 4033021; 372571, 4025655; 366097, 4025609; 366225, 4031919; 361657, 4031698; 361918, 4033264; 372624, 4033507; 372783, 4025450; 366418, 4025199; 366479, 4031512; 362074, 4031507; 362141, 4033635; 372942, 4033719; 373052, 4025020; 366407, 4024844; 366270, 4031505; 362367, 4031609; 362415, 4033671; 373028, 4033628; 373070, 4024760; 366159, 4024741; 365979, 4031740; 362396, 4031852; 362578, 4033537; 373088, 4033404; 373101, 4024680; 365753, 4024599; 365468, 4031957; 362711, 4031931; 362842, 4033115; 373095, 4032937; 373087, 4024718; 365362, 4024899; 365163, 4031860; 362907, 4031814; 363107, 4032671; 373125, 4032470; 373138, 4024950; 365047, 4024798; 365032, 4031785; 363177, 4031894; 363224, 4032159; returning to 373174, 4031891. 4024310; 364847, 4024094; 364692, 4031959; 363248, 4032025; 363250, (ii) Note: Map of Unit 11 (Laurel 4024121; 364515, 4024171; 364294, 4032092; 363320, 4032178; 363564, Creek) for Sierra Nevada bighorn sheep 4024222; 364143, 4024360; 363697, 4032148; 363742, 4032143; 363940, (Map 12) follows: 4024352; 363475, 4024359; 363204, 4032092; 364228, 4032039; 364294, BILLING CODE 4310–55–P

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(17) Unit 12 (Olancha Peak); Inyo and Templeton Mountain, Olancha, and 403358, 4029282; 403619, 4029209; Tulare Counties, California. Haiwee Pass. Land bounded by the 403945, 4029133; 404369, 4029021; (i) From USGS 1:24,000 scale following UTM zone 11 NAD83 404658, 4028816; 404816, 4028614; quadrangles Cirque Peak, Bartlett, coordinates (E, N): 403133, 4029453; 405104, 4028376; 405331, 4028270;

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405620, 4028065; 405682, 4027932; 406040, 4016353; 406104, 4016286; 401226, 4016898; 401164, 4016998; 405805, 4027666; 405734, 4027504; 406134, 4016219; 406131, 4016121; 401067, 4017066; 400906, 4017170; 405863, 4027434; 406060, 4027428; 406063, 4016025; 406026, 4015895; 400742, 4017175; 400640, 4017047; 406290, 4027421; 406385, 4027320; 405988, 4015732; 406018, 4015666; 400342, 4016991; 400311, 4017057; 406479, 4027153; 406544, 4027151; 406016, 4015600; 406108, 4015368; 400313, 4017123; 400383, 4017252; 406674, 4027081; 406738, 4027046; 406101, 4015172; 406062, 4014976; 400419, 4017349; 400455, 4017446; 406835, 4026978; 406993, 4026776; 406055, 4014747; 405918, 4014555; 400490, 4017511; 400525, 4017575; 407086, 4026610; 407116, 4026510; 405816, 4014460; 405812, 4014329; 400592, 4017638; 400597, 4017769; 407176, 4026345; 407206, 4026245; 405703, 4014005; 405598, 4013811; 400471, 4017970; 400179, 4018077; 407201, 4026082; 407131, 4025953; 405530, 4013715; 405491, 4013520; 399917, 4018118; 399692, 4018256; 407161, 4025854; 407158, 4025755; 405488, 4013422; 405480, 4013192; 399663, 4018388; 399666, 4018487; 407190, 4025722; 407251, 4025589; 405405, 4012900; 405336, 4012771; 399735, 4018583; 399935, 4018675; 407282, 4025522; 407279, 4025424; 405329, 4012542; 405353, 4012279; 399939, 4018806; 399745, 4018910; 407210, 4025328; 407206, 4025197; 405416, 4012179; 405313, 4012051; 399617, 4019012; 399357, 4019119; 407203, 4025099; 407234, 4025032; 405109, 4011828; 404843, 4011738; 398800, 4019169; 398672, 4019272; 407263, 4024933; 407291, 4024768; 404673, 4011547; 404541, 4011551; 398480, 4019441; 398298, 4019906; 407287, 4024637; 407250, 4024507; 404414, 4011686; 404316, 4011689; 398237, 4020072; 398082, 4020371; 407178, 4024313; 407042, 4024153; 404187, 4011758; 404086, 4011696; 397992, 4020636; 397996, 4020767; 406975, 4024123; 406909, 4024125; 403921, 4011668; 403724, 4011675; 398000, 4020898; 398005, 4021062; 406811, 4024128; 406841, 4024061; 403625, 4011678; 403527, 4011681; 398011, 4021226; 398122, 4021648; 406903, 4023928; 406933, 4023829; 403365, 4011751; 403199, 4011691; 398191, 4021744; 398332, 4022035; 406963, 4023763; 407057, 4023596; 403002, 4011697; 402935, 4011667; 398442, 4022392; 398584, 4022748; 407118, 4023463; 407282, 4023458; 402706, 4011707; 402610, 4011775; 398657, 4022975; 398663, 4023171; 407411, 4023355; 407439, 4023223; 402480, 4011845; 402250, 4011819; 398935, 4023458; 399006, 4023619; 407499, 4023025; 407524, 4022795; 402186, 4011887; 401989, 4011893; 399074, 4023683; 399072, 4023617; 407487, 4022632; 407350, 4022473; 401860, 4011962; 401729, 4011999; 399110, 4023780; 399181, 4023941; 407214, 4022313; 407044, 4022154; 401598, 4012003; 401366, 4011945; 399119, 4024074; 399094, 4024337; 407010, 4022123; 406941, 4021994; 401165, 4011820; 401032, 4011759; 399000, 4024471; 398813, 4024805; 406870, 4021832; 406765, 4021639; 400764, 4011604; 400498, 4011514; 398716, 4024841; 398527, 4025109; 406663, 4021511; 406627, 4021414; 400367, 4011518; 400040, 4011561; 406622, 4021283; 406686, 4021215; 399878, 4011631; 399816, 4011764; 398467, 4025275; 398472, 4025438; 406682, 4021085; 406739, 4020821; 399787, 4011896; 399790, 4011995; 398510, 4025601; 398514, 4025732; 406701, 4020658; 406634, 4020595; 399794, 4012093; 399732, 4012226; 398553, 4025927; 398622, 4026023; 406565, 4020498; 406562, 4020400; 399669, 4012326; 399540, 4012396; 398722, 4026086; 398791, 4026182; 406557, 4020237; 406553, 4020106; 399444, 4012464; 399349, 4012598; 398928, 4026341; 399031, 4026502; 406515, 4019943; 406508, 4019747; 399327, 4012927; 399402, 4013219; 399002, 4026634; 398945, 4026898; 406537, 4019615; 406434, 4019487; 399406, 4013350; 399445, 4013546; 399113, 4027024; 399214, 4027086; 406336, 4019490; 406301, 4019425; 399515, 4013674; 399520, 4013838; 399283, 4027182; 399254, 4027314; 406296, 4019262; 406194, 4019167; 399557, 4013968; 399563, 4014164; 399194, 4027513; 399136, 4027744; 406127, 4019103; 406121, 4018939; 399600, 4014294; 399608, 4014556; 399140, 4027875; 399143, 4027973; 406086, 4018842; 405983, 4018714; 399611, 4014654; 399615, 4014785; 399180, 4028103; 399218, 4028266; 405817, 4018654; 405649, 4018561; 399590, 4015016; 399595, 4015179; 399226, 4028527; 399329, 4028655; 405584, 4018563; 405583, 4018530; 399404, 4015382; 399177, 4015487; 399466, 4028815; 399568, 4028943; 405611, 4018398; 405572, 4018203; 399182, 4015618; 399286, 4015812; 399902, 4029096; 399971, 4029225; 405538, 4018139; 405435, 4018011; 399294, 4016073; 399398, 4016234; 400106, 4029319; 400270, 4029314; 405400, 4017946; 405332, 4017883; 399566, 4016360; 399635, 4016456; 400401, 4029310; 400666, 4029367; 405395, 4017783; 405428, 4017782; 399737, 4016551; 399901, 4016546; 400864, 4029393; 400930, 4029391; 405460, 4017748; 405620, 4017612; 399960, 4016347; 400087, 4016212; 400995, 4029389; 401356, 4029378; 405779, 4017443; 405875, 4017374; 400183, 4016111; 400341, 4015910; 401586, 4029371; 401783, 4029365; 405935, 4017209; 405999, 4017141; 400463, 4015611; 400557, 4015477; 402145, 4029386; 402443, 4029442; 405962, 4017011; 405959, 4016913; 400849, 4015337; 400916, 4015400; 402676, 4029533; 403004, 4029523; 405955, 4016782; 405919, 4016685; 401120, 4015590; 401351, 4015648; returning to 403133, 4029453. 405885, 4016653; 405816, 4016557; 401360, 4015910; 401368, 4016172; (ii) Note: Map of Unit 12 (Olancha 405749, 4016494; 405747, 4016428; 401440, 4016367; 401443, 4016465; Peak) for Sierra Nevada bighorn sheep 405843, 4016360; 405942, 4016356; 401381, 4016598; 401321, 4016764; (Map 13) follows:

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* * * * * Dated: July 17, 2007. Todd Willens, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 07–3591 Filed 7–24–07; 8:45 am] BILLING CODE 4310–55–C

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Reader Aids Federal Register Vol. 72, No. 142 Wednesday, July 25, 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 319...... 39482 352...... 39482 Executive orders and proclamations 741–6000 2700...... 39727 353...... 35915 The United States Government Manual 741–6000 3 CFR 800...... 39730 Other Services 810...... 39730 Proclamations: 741–6020 922...... 37991 Electronic and on-line services (voice) 8158...... 36587 Privacy Act Compilation 741–6064 924...... 38463 8159...... 37095 925...... 37423 Public Laws Update Service (numbers, dates, etc.) 741–6043 8160...... 38461 TTY for the deaf-and-hard-of-hearing 741–6086 928...... 38465 8161...... 38995 959...... 37993 8162...... 38997 1170...... 36341 ELECTRONIC RESEARCH Executive Orders: 1214...... 38467 13338...... 36587 World Wide Web 1220...... 37995 13348 (See Notice of Proposed Rules: Full text of the daily Federal Register, CFR and other publications July 19, 2007) ...... 40059 301...... 39018 is located at: http://www.gpoaccess.gov/nara/index.html 13381 (Amended by 305...... 36629 Federal Register information and research tools, including Public 13436) ...... 36337 340...... 39021, 39901 Inspection List, indexes, and links to GPO Access are located at: 13436...... 36337 354...... 39025 http://www.archives.gov/federallregister 13437...... 36339 Ch. VIII...... 39762 13303 (See 13438)...... 39719 810...... 39764 E-mail 13315 (See 13438)...... 39719 915...... 38037 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13350 (See 13438)...... 39719 922...... 38496 an open e-mail service that provides subscribers with a digital 13364 (See 13438)...... 39719 981...... 36900 form of the Federal Register Table of Contents. The digital form 13438...... 39719 984...... 38498 of the Federal Register Table of Contents includes HTML and 13439...... 40053 1755...... 39028 PDF links to the full text of each document. 13440...... 40707 1767...... 38511 Administrative Orders: To join or leave, go to http://listserv.access.gpo.gov and select Memorandums: 9 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandum of June (or change settings); then follow the instructions. 71...... 39301 26, 2007 ...... 36335 77...... 39301 PENS (Public Law Electronic Notification Service) is an e-mail Memorandum of June 78...... 39301, 40062 service that notifies subscribers of recently enacted laws. 28, 2007 ...... 35907 79...... 39301 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of July 80...... 39301 and select Join or leave the list (or change settings); then follow 3, 2007 ...... 37627 91...... 40064 the instructions. Notices: 309...... 38700 Notice of July 19, 310...... 38700 FEDREGTOC-L and PENS are mailing lists only. We cannot 2007 ...... 40059 respond to specific inquiries. 318...... 38700 Presidential 331...... 38467 Reference questions. Send questions and comments about the Determinations: 381...... 38467 Federal Register system to: [email protected] No. 2007-23 of June Proposed Rules: 28, 2007 ...... 37419 The Federal Register staff cannot interpret specific documents or 130...... 40082 regulations. No. 2007-24 of June 28, 2007 ...... 37421 10 CFR No. 2007-25 of July 5, FEDERAL REGISTER PAGES AND DATE, JULY 2007 ...... 38747 72...... 38468 Proposed Rules: 35907–36336...... 2 No. 2007-26 of July 10, 2007 ...... 39723 50 ...... 37470, 38030, 39354 36337–36588...... 3 71...... 37471 36589–36858...... 5 No. 2007-27 of July 12, 2007 ...... 39725 36859–37096...... 6 11 CFR 37097–37418...... 9 5 CFR Proposed Rules: 37419–37628...... 10 1201...... 40215 113...... 39583 37629–37990...... 11 1820...... 40711 37991–38462...... 12 12 CFR Proposed Rules: 38463–38746...... 13 733...... 39582 26...... 38753 38747–38996...... 16 205...... 36589 38997–39300...... 17 6 CFR 212...... 38753 39301–39554...... 18 5...... 38749, 38750 348...... 38753 39555–39726...... 19 563f...... 38753 39727–40060...... 20 7 CFR Proposed Rules: 40061–40214...... 23 2...... 36859 1...... 36550 40215–40710...... 24 301...... 35909, 40061 2...... 36550 40711–41008...... 25 305...... 35909, 39482 3...... 36550

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4...... 36550 232...... 39290 26 CFR 135...... 36316 5...... 36550 239...... 39290 1 ...... 36869, 38474, 38475, 151...... 36316 7...... 36550 240...... 36348 38477, 38767, 39138, 39313, 160...... 36316 9...... 36550 242...... 36348 39734, 40066 162...... 36316 10...... 36550 270...... 39290 31...... 38478 165 ...... 36316, 36881, 38010, 11...... 36550 274...... 39290 53...... 36871 38012, 38015, 38488, 38785, 12...... 36550 Proposed Rules: 54...... 36871 39316, 40075, 40240, 40243 16...... 36550 40...... 39764 301...... 36869, 39737 Proposed Rules: 19...... 36550 41...... 39764 602...... 38767 100 ...... 38804, 38806, 38808 21...... 36550 210...... 37962, 39670 Proposed Rules: 334...... 39355 22...... 36550 228...... 39670 1 ...... 36927, 37155, 38033, 36 CFR 23...... 36550 229...... 39670 38802, 39770 24...... 36550 230 ...... 36822, 37376, 37962, 31...... 38534 Proposed Rules: 26...... 36550 39670 53...... 36927 1193...... 36401 27...... 36550 232...... 37376 54...... 36927, 39139 1194...... 36401 28...... 36550 239 ...... 36822, 37376, 37962, 301 ...... 36927, 38534, 39771 31...... 36550 39670 37 CFR 32...... 36550 240...... 37608, 39670 28 CFR 202...... 36883, 40745 34...... 36550 249...... 37962, 39670 552...... 37630 37...... 36550 260...... 39670 38 CFR 40...... 36550 Proposed Rules: 269...... 39670 75...... 38033 21...... 39562 701...... 37122 18 CFR Proposed Rules: 13 CFR 29 CFR 17...... 38042, 40096 35...... 39904 2...... 37097 70...... 40096 134...... 39727 38...... 38757 145...... 39727 11...... 37097 40...... 40717 14...... 37097 39 CFR 14 CFR 157...... 37431 16...... 37097 20...... 37454 284...... 38757 20...... 37097 230...... 39011 23...... 39555 Proposed Rules: 25...... 37425, 40215 22...... 37097 233...... 39011 35...... 36276 70...... 37097 273...... 39011 39 ...... 36860, 36861, 36863, 260...... 40776 36866, 37997, 37999, 38000, 71...... 37097 284...... 40776 40 CFR 38002, 38004, 38006, 39307, 75...... 37097 30310, 40216, 40222, 40224, 19 CFR 90...... 37097 51...... 38787 95...... 37097 52 ...... 36599, 36601, 36889, 40226, 40230, 40233 12...... 38470 71 ...... 36345, 36346, 36593, 96...... 37097 36892, 38787, 38920, 39564, 123...... 39312 97...... 37097 39566, 39568, 39571, 39574, 36868, 37430, 37431, 37629, 173...... 40737 38999, 39734, 40716 98...... 37097 39577, 39741, 40746, 40749 73...... 35917 20 CFR 99...... 37097 62...... 36605, 37632 97...... 38469, 38755 100...... 40069 63...... 36363, 38864 402...... 36359 1260...... 40066 102...... 38778 81 ...... 36601, 36889, 36892, 1274...... 40066 Proposed Rules: 404...... 36106, 38484 36895, 39571, 39574, 39577, 404...... 37496 1625...... 36873 40746, 40749 Proposed Rules: 405...... 37496 25...... 38732 1910...... 40073 122...... 37107, 40245 416...... 37496 39 ...... 36370, 36373, 36378, 4022...... 38484 125...... 37107 4044...... 38484 131...... 37109 36380, 36385, 36391, 36901, 21 CFR 36905, 36907, 36912, 36914, Proposed Rules: 174...... 40752 179...... 39557 36916, 36920, 36925, 37122, 1910 ...... 37155, 37501, 39041 180 ...... 37633, 37641, 37646, 510...... 36595 37124, 37126, 37130, 37132, 39318, 40754, 40759, 40763 520...... 37436 30 CFR 37472, 37475, 37477, 37479, 260...... 39331 524...... 36595 37484, 38527, 38529, 38532, 946...... 36595 278...... 39331 558...... 37437 38797, 38800, 39039, 39584, Proposed Rules: 300...... 36607 573...... 39560 40090, 40094, 40265 924...... 40266 412...... 40245 880...... 36360 71 ...... 36397, 37487, 37488, 946...... 36632 Proposed Rules: 1300...... 37439 37489, 37490 49...... 37156 1309...... 35920 31 CFR 250...... 37491 50...... 37682, 37818 1310 ...... 35920, 40238, 40738 Ch. V...... 40374 51 ...... 37156, 38538, 38952 15 CFR 1315...... 37439 52 ...... 36402, 36404, 36406, 32 CFR 4...... 36594 Proposed Rules: 37683, 38045, 38051, 39586, 285...... 36347 2...... 37137 197...... 36875 39772, 39773, 40105, 40776 336...... 40235 878...... 36398 650...... 39740 59...... 37582, 38952 841...... 35931 60...... 37157 730...... 38999 22 CFR 744...... 38008 989...... 37105 62...... 36413 764...... 38999 121...... 39010 1900...... 39315 63...... 36415 766...... 38999 Proposed Rules: Proposed Rules: 78...... 38538 774...... 39009 201...... 37139 903...... 38039 81...... 37683, 40776 Proposed Rules: 215...... 39768 97...... 36406, 38538 33 CFR 131...... 37161 922...... 40775 24 CFR 3...... 36316 261...... 39587 16 CFR 203...... 40048 20...... 36316 300...... 36634 Proposed Rules: 206...... 40048 100 ...... 36316, 36598, 37454, 24...... 39355 Proposed Rules: 38783 42 CFR Ch. II ...... 40265 100...... 39534 104...... 36316 83...... 37455 203...... 37500 105...... 38486 100...... 36610 17 CFR 905...... 39546 110...... 36316 402...... 39746 3...... 35918 990...... 39546 117...... 40239 412...... 36612, 36613

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413...... 36612, 36613 12...... 37655 40077, 40263 435...... 38662 22...... 38793 660...... 36617 436...... 38662 73 ...... 36616, 37673, 37674, 679 ...... 36896, 37677, 37678, 440...... 38662 40767 38794, 38795, 38796, 39580, 441...... 38662 90...... 39756, 40767 39581, 40080, 40081, 40264, 447...... 39142 Proposed Rules: 40772, 40773 457...... 38662 Ch. I ...... 38055 Proposed Rules: 483...... 38662 0...... 40814 17 ...... 36635, 36939, 36942, 1...... 40814 Proposed Rules: 37695, 40956 409...... 38122 2...... 39357 20...... 40194 410...... 38122 15...... 39588 411...... 38122 25...... 39357 216...... 37404 413...... 38122 36...... 40818 224...... 37697 414...... 38122 54...... 40818 600...... 39779 415...... 38122 61...... 40814 418...... 38122 69...... 40814 423...... 38122 73 ...... 36635, 37310, 40818 424...... 38122 76...... 39370, 40818 455...... 39776 48 CFR 482...... 38122 484...... 38122 Ch. 1...... 36852, 36858 485...... 38122 4...... 36852 491...... 38122 17...... 36852 19...... 36852 43 CFR 52...... 36852 970...... 39761 Proposed Rules: 429...... 39530 6101...... 36794 6102...... 36794 44 CFR 6103...... 36794 6104...... 36794 64...... 40766 6105...... 36794 65 ...... 35932, 35934, 35937, 9903...... 36367 38488 Proposed Rules: 67 ...... 35938, 37115, 38492 212...... 35960 Proposed Rules: 225...... 35960 67 ...... 35947, 35949, 35956, 2409...... 39286 37162, 37164, 38539, 38543, 3036...... 38548 40788, 40806 49 CFR 46 CFR 192...... 39012 1...... 36316 195...... 39012 2...... 36316 350...... 36760 4...... 36316 375...... 36760 5...... 36316 383...... 36760 16...... 36316 384...... 36760 28...... 36316 385...... 36760 45...... 36316 386...... 36760 50...... 36316 390...... 36760, 40250 67...... 36316 395...... 36760 115...... 36316 571...... 38017, 40252 122...... 36316 1540...... 40262 153...... 36316 Proposed Rules: 169...... 36316 Ch. I ...... 38810 170...... 36316 71...... 39593 176...... 36316 172...... 35961 185...... 36316 Proposed Rules: 50 CFR 515...... 40813 16...... 37459 17...... 37346, 39248 47 CFR 229...... 37674 0...... 39756 648 ...... 37676, 38025, 39580,

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REMINDERS safety zones, security Referendum procedures; Land owner notification and The items in this list were zones, etc.: comments due by 8-3-07; noise survey editorially compiled as an aid Patapsco River, Northwest published 6-4-07 [FR 07- requirements; comments to Federal Register users. and Inner Harbors, 02736] due by 7-30-07; published Inclusion or exclusion from Baltimore, MD; published AGRICULTURE 6-29-07 [FR E7-12557] this list has no legal 6-25-07 DEPARTMENT ENVIRONMENTAL significance. JUSTICE DEPARTMENT Animal and Plant Health PROTECTION AGENCY Air pollutants, hazardous; Drug Enforcement Inspection Service national emission standards: RULES GOING INTO Administration Plant-related quarantine, domestic: Primary and secondary EFFECT JULY 25, 2007 Records and reports of listed copper smelting area chemicals and certain Emerald ash borer; comments due by 7-31- sources; comments due COMMERCE DEPARTMENT machines: 07; published 6-1-07 [FR by 8-2-07; published 7-3- Chemical mixtures National Oceanic and E7-10560] 07 [FR E7-12848] Atmospheric Administration containing List 1 Plant-related quarantine, Air pollution control: Marine mammals: ephedrine and/or foreign: Nonroad spark-ignition Commercial fishing pseudoephedrine; engines and equipment; Emerald ash borer material authorizations— exemptions eliminated; emissions control; from Canada; comments published 7-25-07 comments due by 8-3-07; Atlantic Large Whale Take due by 7-31-07; published published 5-18-07 [FR 07- Reduction Plan; LIBRARY OF CONGRESS 6-1-07 [FR E7-10562] published 6-25-07 01998] Copyright Office, Library of Wood packaging material; Air programs: ENVIRONMENTAL Congress treatment modification; Stratospheric ozone PROTECTION AGENCY Copyright office and comments due by 7-31- protection— Air quality implementation procedures: 07; published 6-1-07 [FR N-propyl bromide in plans; approval and Copyright claims; online E7-10559] promulgation; various adhesives, coatings, registration COMMERCE DEPARTMENT States: and aerosols; listing of Correction; published 7- National Oceanic and Pennsylvania; published 7- substitutes for ozone- 25-07 Atmospheric Administration 25-07 depleting substances; Air quality implementation SMALL BUSINESS Endangered and threatened comments due by 7-30- plans; approval and ADMINISTRATION species: 07; published 5-30-07 promulgation; various Surety Bond Guarantee Cook Inlet beluga whale; [FR E7-09706] States; air quality planning Program: comments due by 8-3-07; Air programs; approval and published 6-1-07 [FR E7- promulgation; State plans purposes; designation of Preferred Surety Bond 10587] for designated facilities and areas: surety qualification, pollutants: Pennsylvania; published 7- increased guarantee for Hearing; comments due 25-07 veterans, etc.; published by 8-3-07; published 6- Virginia; comments due by Pesticide programs: 6-25-07 25-07 [FR E7-12262] 8-2-07; published 7-3-07 Hearing; comments due [FR E7-12854] Plant-incorporated TRANSPORTATION protectants; procedures by 8-3-07; published 7- Air quality implementation DEPARTMENT plans; approval and and requirements— 11-07 [FR E7-13481] Federal Aviation promulgation; various Bacillus thuringiensis Fishery conservation and Administration States: Vip3Aa19 protein in management: New Jersey; comments due cotton; tolerance Airworthiness directives: Alaska; fisheries of by 8-2-07; published 7-3- requirement exemption; Airbus; published 6-20-07 Exclusive Economic 07 [FR E7-12874] published 7-25-07 BAE Systems (Operations), Zone— Virginia; comments due by Tolerance reassessment Ltd.; published 6-20-07 Bering Sea and Aleutian 8-2-07; published 7-3-07 decisions— Boeing; published 6-20-07 Islands king and tanner crabs and groundfish; [FR E7-12838] Penoxsulam; published 7- Empresa Brasileira de comments due by 7-30- Superfund program: 25-07 Aeronautica S.A. 07; published 6-29-07 National oil and hazardous Pesticides; emergency (EMBRAER); published 6- [FR 07-03117] substances contingency exemptions, etc.: 20-07 West Coast States and plan priorities list; Diflubenzuron; published 7- McDonnell Douglas; Western Pacific comments due by 7-30- 25-07 published 6-20-07 fisheries— 07; published 6-28-07 [FR Pesticides; tolerances in food, E7-12537] animal feeds, and raw Coastal pelagic species; COMMENTS DUE NEXT comments due by 7-30- FEDERAL agricultural commodities: COMMUNICATIONS Glufosinate-ammonium; WEEK 07; published 6-28-07 [FR E7-12566] COMMISSION published 7-25-07 Common carrier services: DEFENSE DEPARTMENT HOMELAND SECURITY AGRICULTURE Local telecommunications DEPARTMENT DEPARTMENT Defense Acquisition markets; competitive U.S. Customs and Border Agricultural Marketing Regulations System networks promotion; Protection Service Acquisition regulations: comments due by 7-30- Administrative review: Honey packers and importers Commercially available off- 07; published 5-30-07 [FR Voluntary reliquidation of research, promotion, the-shelf items; specialty E7-10078] deemed liquidation consumer education, and metals restriction waiver; Radio stations; table of entries; technical industry information order: comments due by 8-1-07; assignments: correction; published 7-25- Establishment; old honey published 7-2-07 [FR E7- California; comments due by 07 research, promotion, and 12763] 7-30-07; published 6-27- HOMELAND SECURITY consumer information ENERGY DEPARTMENT 07 [FR E7-12151] DEPARTMENT order terminated; Federal Energy Regulatory HOMELAND SECURITY Coast Guard comments due by 8-3-07; Commission DEPARTMENT Ports and waterways safety; published 6-4-07 [FR 07- Natural gas companies Coast Guard regulated navigation areas, 02737] (Natural Gas Act): Drawbridge operations:

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Florida; comments due by Cape Hatteras National 07; published 5-31-07 [FR with ‘‘PLUS’’ (Public Laws 8-2-07; published 6-18-07 Seashore, NC; off-road E7-10512] Update Service) on 202–741– [FR E7-11661] vehicle management; Sikorsky Aircraft Corp.; 6043. This list is also Ports and waterways safety; comments due by 7-30- comments due by 7-30- available online at http:// regulated navigation areas, 07; published 6-28-07 [FR 07; published 5-31-07 [FR www.archives.gov/federal- safety zones, security E7-12012] E7-10126] register/laws.html. zones, etc.: LABOR DEPARTMENT Airworthiness standards: The text of laws is not Lower Colorado River, Occupational Safety and Rotorcraft turbine engines; published in the Federal Laughlin, NV; comments Health Administration one-engine-inoperative Register but may be ordered due by 7-31-07; published Occupational safety and health rating definitions and type in ‘‘slip law’’ (individual 5-1-07 [FR E7-08307] standards: certification standards; pamphlet) form from the HOUSING AND URBAN Mechanical power presses; comments due by 8-2-07; Superintendent of Documents, DEVELOPMENT comments due by 8-3-07; published 5-4-07 [FR E7- U.S. Government Printing DEPARTMENT published 6-4-07 [FR E7- 07943] Office, Washington, DC 20402 Public and Indian housing: 10655] Special conditions— (phone, 202–512–1808). The Housing Choice Voucher NUCLEAR REGULATORY Boeing Model 777-300ER text will also be made Program— COMMISSION airplane; comments due available on the Internet from Homeownership option; Rulemaking petitions: by 7-30-07; published GPO Access at http:// www.gpoaccess.gov/plaws/ units not yet under California; comments due by 6-15-07 [FR 07-02939] index.html. Some laws may construction; eligibility; 7-30-07; published 5-14- VOR Federal airways; not yet be available. comments due by 7-30- 07 [FR E7-09211] comments due by 7-30-07; published 6-15-07 [FR E7- 07; published 5-29-07 PENSION BENEFIT 11537] S. 1701/P.L. 110–48 [FR E7-10177] GUARANTY CORPORATION To provide for the extension INTERIOR DEPARTMENT Multiemployer plans: TREASURY DEPARTMENT Fish and Wildlife Service Internal Revenue Service of transitional medical Premium payments; assistance (TMA) and the Income taxes: Endangered and threatened variable-rate premiums; abstinence education program species: comments due by 7-30- Working Families Tax Relief through the end of the fiscal Critical habitat 07; published 5-31-07 [FR Act of 2004— year 2007, and for other designations— E7-10412] Dependent child of purposes. (July 18, 2007; 121 Piping plover; wintering STATE DEPARTMENT divorced or separated Stat. 244; 2 pages) population; comments parents or parents who Exchange Visitor Program: Last List July 17, 2007 due by 7-30-07; Sanctions and terminations; live apart; comments published 5-31-07 [FR comments due by 7-30- due by 7-31-07; E7-10476] 07; published 5-31-07 [FR published 5-2-07 [FR Hunting and fishing: E7-10505] E7-08378] Public Laws Electronic Refuge-specific regulations— TRANSPORTATION TREASURY DEPARTMENT Notification Service Upper Mississippi River DEPARTMENT Thrift Supervision Office (PENS) National Wildlife and Federal Aviation Savings associations: Fish Refuge, MN et al.; Administration Personal securities comments due by 7-30- Airworthiness directives: transactions; officer and PENS is a free electronic mail 07; published 6-28-07 Airbus; comments due by 7- employee reporting notification service of newly [FR E7-12514] 30-07; published 6-28-07 requirements; comments enacted public laws. To Migratory bird hunting: [FR E7-12495] due by 7-31-07; published subscribe, go to http:// 6-1-07 [FR E7-10401] listserv.gsa.gov/archives/ Seasons, limits, and Boeing; comments due by publaws-l.html shooting hours, 8-3-07; published 6-19-07 establishment, etc.; [FR E7-11781] comments due by 8-2-07; LIST OF PUBLIC LAWS Note: This service is strictly DG Flugzeugbau GmbH; published 7-23-07 [FR E7- for E-mail notification of new comments due by 7-30- 14071] This is a continuing list of laws. The text of laws is not 07; published 6-28-07 [FR public bills from the current available through this service. INTERIOR DEPARTMENT E7-12508] session of Congress which PENS cannot respond to National Park Service General Electric Co.; have become Federal laws. It specific inquiries sent to this Special regulations: comments due by 7-30- may be used in conjunction address.

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