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Contents Federal Register Vol. 72, No. 198

Monday, October 15, 2007

Actuaries, Joint Board for Enrollment Environmental Protection Agency See Joint Board for Enrollment of Actuaries PROPOSED RULES Water programs: Agency for Healthcare Research and Quality Oil pollution prevention; spill prevention, control, and NOTICES countermeasure rule requirements, 58378–58445 Meetings: Healthcare Research and Quality National Advisory Executive Office of the President Council, 58309 See Presidential Documents Federal Aviation Administration Agriculture Department PROPOSED RULES See Animal and Plant Health Inspection Service Airworthiness directives: See Forest Service Rolls-Royce plc, 58267–58268 See Natural Resources Conservation Service Federal Communications Commission Air Force Department NOTICES NOTICES Radio broadcasting: Environmental statements; notice of intent: NCE FM new station applications in October 12-19, 2007 Eglin Air Force Base, FL; Joint Strike Fighter Integrated window; application limit, 58299–58300 Training Center; establishment, 58296 Federal Deposit Insurance Corporation Animal and Plant Health Inspection Service NOTICES RULES Meetings; Sunshine Act, 58300–58301 Exportation and importation of animals and animal products: Federal Highway Administration Bovine spongiform encephalopathy; minimal-risk regions; NOTICES importation of live bovines and products derived Safe, Accountable, Flexible, Efficient Transportation Equity from bovines Act; implementation: Correction, 58375 Information sharing specifications and data exchange NOTICES formats, 58347–58359 User fees: Agricultural quarantine and inspection (2008 FY); Federal Motor Carrier Safety Administration commercial vessels, 58283–58284 NOTICES Driver qualifications; vision requirement exemptions, Coast Guard 58359–58360 RULES Motor carrier safety standards: Drawbridge operations: Driver qualifications; diabetes exemptions, 58360–58362 Louisiana, 58250–58251 Driver qualifications; vision requirement exemptions, 58362–58365 Commerce Department See Industry and Security Bureau Federal Reserve System See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Banks and bank holding companies: Formations, acquisitions, and mergers, 58301 Permissible nonbanking activities, 58301 Corporation for National and Community Service NOTICES Federal Trade Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 58295–58296 Prohibited trade practices: Elation Therapy, Inc., 58301–58302 Defense Department Green Willow Tree LLC, et al., 58302–58303 See Air Force Department Health Science International, Inc., et al., 58304–58305 NOTICES Progesterone Advocates Network, 58305–58306 Meetings: Springboard and Pro Health Labs, 58306–58307 Uniformed Services University of Health Sciences Board Women’s Menopause Health Center, 58307–58308 of Regents, 58296 Federal Transit Administration Education Department NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities; proposals, Alternative Transportation in Parks and Public Lands submissions, and approvals, 58297–58299 Program, 58365–58370

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Fish and Wildlife Service Industry and Security Bureau RULES NOTICES Migratory bird hunting: Meetings: Federal Indian reservations, off-reservation trust lands, Sensors and Instrumentation Technical Advisory and ceded lands, 58452–58463 Committee, 58285–58286 PROPOSED RULES Migratory bird hunting: Interior Department Alaska; 2008 subsistence harvest regulations, 58274– See Fish and Wildlife Service 58279 See Indian Affairs Bureau NOTICES See Land Management Bureau Endangered and threatened species permit applications, See National Park Service 58320 See Reclamation Bureau Marine mammal permit applications, determinations, etc., 58320–58321 Reports and guidance documents; availability, etc.: Internal Revenue Service National Wildlife Refuge System— RULES Mosquito and mosquito-borne disease management Income taxes: policy, 58321–58333 Qualified small business stock; deferral of sale gains by partnerships and their partners Food and Drug Administration Correction, 58375 NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 58309–58310 submissions, and approvals, 58371–58373 Meetings: Pediatric Advisory Committee, 58310–58312 International Trade Administration Reports and guidance documents; availability, etc.: NOTICES Antibacterial drug products; noninferiority studies to Antidumping: support approval, 58312 Corrosion-resistant carbon steel flat products from— Dietary supplements; adverse event reporting and Korea, 58286 recordkeeping; industry guidance, 58313–58315 U.S. Electronic Education Fairs, China and India; video Nonprescription human drug products marketed without contest, 58287–58288 application approval; adverse event reporting and Applications, hearings, determinations, etc.: industry guidance, 58316–58317 Northwestern University et al., 58286 University of— Forest Service Oklahoma et al., 58286–58287 NOTICES Federal Lands Recreation Enhancement Act; International Trade Commission implementation: NOTICES New site fees, 58284–58285 Import investigations: Hard disk drives and components thereof, and General Services Administration components containing same, 58335–58336 NOTICES Agency information collection activities; proposals, submissions, and approvals, 58308–58309 Joint Board for Enrollment of Actuaries NOTICES Health and Human Services Department Meetings: See Agency for Healthcare Research and Quality Actuarial Examinations Advisory Committee, 58283 See Food and Drug Administration See Substance Abuse and Mental Health Services Labor Department Administration See Mine Safety and Health Administration

Homeland Security Department Land Management Bureau See Coast Guard NOTICES See U.S. Citizenship and Immigration Services Meetings: Resource Advisory Councils— Housing and Urban Development Department Boise and Twin Falls District, 58333–58334 PROPOSED RULES HUD program requirements; waivers: Mine Safety and Health Administration Pet ownership for the elderly and persons with disabilities, 58448–58449 NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 58336–58338 submissions, and approvals, 58319–58320 National Credit Union Administration Indian Affairs Bureau RULES NOTICES Credit unions: Tribal-State Compacts approval; Class III (casino) gambling: Management official interlocks; threshold change, 58248– Laguna Pueblo, NM, 58333 58249

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National Highway Traffic Safety Administration NOTICES PROPOSED RULES Single-employer plans: Motor vehicle theft prevention standards: Interest rates and assumptions, 58339–58340 Passenger motor vehicle theft data (2005 CY), 58268– 58274 Personnel Management Office RULES National Oceanic and Atmospheric Administration Federal Employees Dental and Vision Insurance Program: RULES Program administration and explanation of rules, 58243– Fishery conservation and management: 58248 Alaska; fisheries of Exclusive Economic Zone— PROPOSED RULES Gulf of Alaska groundfish, 58261–58262 Absence and leave: West Coast States and Western Pacific fisheries— Transference of donated annual leave from an agency’s Highly migratory species, 58258–58259 voluntary leave bank program to an emergency leave Precious corals, 58259–58261 program, 58263–58266 PROPOSED RULES Fishery conservation and management: Postal Service Northeastern United States fisheries— RULES Northeast multispecies, 58280–58282 Organization and administration: Marine mammals: Purchasing of property and services, 58251–58258 Scientific research and enhancement activities— Presidential Documents Permits; issuance criteria, 58279–58280 PROCLAMATIONS NOTICES Marine mammal permit applications, determinations, etc., Special observances: 58288–58289 General Pulaski Memorial Day (Proc. 8189), 58465–58468 Marine mammals: Reclamation Bureau Incidental taking; authorization letters, etc.— NOTICES Eglin Air Force Base, FL; Naval Explosive Ordinance Meetings: Disposal School training operations; Atlantic Yakima River Basin Conservation Advisory Group, 58335 bottlenose and spotted dolphins, 58290–58293 U.S. Navy; Surveillance Towed Array Sensor System Securities and Exchange Commission Low Frequency Active sonar operation, 58289– NOTICES 58290 Agency information collection activities; proposals, Meetings: submissions, and approvals, 58340–58341 Gulf of Mexico Fishery Management Council, 58293– Meetings; Sunshine Act, 58341 58294 Self-regulatory organizations; proposed rule changes: North Pacific Fishery Management Council, 58294 Chicago Board Options Exchange, Inc., 58341–58344 Pacific Fishery Management Council, 58294 New York Stock Exchange LLC, 58344–58345 South Atlantic Fishery Council, 58295 Sentencing Commission, United States National Park Service See United States Sentencing Commission NOTICES National Register of Historic Places; pending nominations, Social Security Administration 58334–58335 NOTICES Meetings: National Science Foundation Ticket to Work and Work Incentives Advisory Panel, NOTICES 58346 Meetings: President’s Committee on National Medal of Science, State Department 58338 NOTICES Culturally significant objects imported for exhibition: Natural Resources Conservation Service Lucien Freud: The Painter’s Etchings, 58346–58347 NOTICES Environmental statements; availability, etc.: Substance Abuse and Mental Health Services Sandy Urban Fish Pont/Park Project, UT, 58285 Administration

Nuclear Regulatory Commission NOTICES NOTICES Organization, functions, and authority delegations: Reports and guidance documents; availability, etc.: Office of Program Services, 58317–58318 Digital systems; approaches for using traditional probabilistic risk assessment methods, 58338–58339 Surface Transportation Board NOTICES Pension Benefit Guaranty Corporation Railroad services abandonment: RULES Kaw River Railroad, Inc., 58370–58371 Single-employer plans: Allocation of assets— Thrift Supervision Office Benefits payable in terminated plans; interest NOTICES assumptions for valuing and paying benefits, Agency information collection activities; proposals, 58249–58250 submissions, and approvals, 58373–58374

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Transportation Department Part III See Federal Aviation Administration Housing and Urban Development Department, 58448–58449 See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration Part IV See National Highway Traffic Safety Administration Interior Department, Fish and Wildlife Service, 58452– See Surface Transportation Board 58463 Treasury Department See Internal Revenue Service Part V See Thrift Supervision Office Executive Office of the President, Presidential Documents, 58465–58468 U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 58318–58319 Reader Aids Consult the Reader Aids section at the end of this issue for United States Sentencing Commission phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Sentencing guidelines and policy statements for Federal courts, 58345–58346 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Separate Parts In This Issue listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Part II settings); then follow the instructions. Environmental Protection Agency, 58378–58445

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8189...... 58467 5 CFR 894...... 58243 Proposed Rules: 630...... 58263 9 CFR 93...... 58375 94...... 58375 95...... 58375 96...... 58375 12 CFR 711...... 58248 14 CFR Proposed Rules: 39...... 58267 24 CFR Proposed Rules: 5...... 58448 26 CFR 1...... 58375 602...... 58375 29 CFR 4022...... 58249 4044...... 58249 33 CFR 117...... 58250 39 CFR 601...... 58251 40 CFR Proposed Rules: 112...... 58378 49 CFR Proposed Rules: 541...... 58268 50 CFR 20...... 58452 660...... 58258 665...... 58259 679...... 58261 Proposed Rules: 92...... 58274 216...... 58279 648...... 58280

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Rules and Regulations Federal Register Vol. 72, No. 198

Monday, October 15, 2007

This section of the FEDERAL REGISTER effective date of coverage was December U.S. Office of Personnel Management. contains regulatory documents having general 31, 2006. Linda M. Springer, applicability and legal effect, most of which Director. are keyed to and codified in the Code of Waiver of Notice of Proposed I Federal Regulations, which is published under Rulemaking For the reasons stated in the Preamble, 50 titles pursuant to 44 U.S.C. 1510. OPM is adding part 894 to title 5, Code In accordance with section of Federal Regulations, as follows: The Code of Federal Regulations is sold by 553(b)(3)(B) of title 5 of the U.S. Code, the Superintendent of Documents. Prices of I find that good cause exists for waiving PART 894—FEDERAL EMPLOYEES new books are listed in the first FEDERAL the general notice of proposed DENTAL AND VISION INSURANCE REGISTER issue of each week. rulemaking for this rule because general PROGRAM notice of proposed rulemaking is Subpart A—Administration and General OFFICE OF PERSONNEL unnecessary and would be contrary to Provisions MANAGEMENT the public interest. By law the Federal Sec. Employees Dental and Vision Insurance 894.101 Definitions. 5 CFR Part 894 Program became effective in 2006. 894.102 If I have a preexisting dental or Congress and the Administration vision condition, may I join FEDVIP? RIN 3206–AL03 intended for the Program to be available 894.103 How do I enroll? to enrollees as of the end of 2006, and 894.104 Who makes enrollment decisions? Federal Employees Dental and Vision 894.105 Who may correct an error in my Insurance Program the rules governing the program are enrollment? effectively established in the existing AGENCY: Office of Personnel contracts that OPM has entered into Subpart B—Coverage and Types of Management. with the dental and vision carriers Enrollment ACTION: Interim rule with request for pursuant to the FEDVIP law. These 894.201 What types of enrollments are comments. interim regulations explain the program available under FEDVIP? rules to affected enrollees and the 894.202 If I enroll for self plus one, may I SUMMARY: The Office of Personnel decide which family member to cover? general public, and will assist the 894.203 If I have a self plus one enrollment, Management (OPM) is issuing interim administration of the Program. OPM regulations to administer the Federal when may I change which family will accept comment on these interim member I want to cover or change to self Employee Dental and Vision Benefits rules, and will consider changes to the only? Enhancement Act of 2004, which was Program for future years. 894.204 May I be enrolled in more than one enacted December 23, 2004. This law dental or vision plan at a time? establishes dental and vision benefits Regulatory Flexibility Act Subpart C—Eligibility programs for Federal employees, annuitants, and their eligible family I certify that this regulation will not 894.301 Am I eligible to enroll in FEDVIP? 894.302 What is an excluded position? members. have a significant economic impact on a substantial number of small entities 894.303 What happens to my enrollment if DATES: I transfer to an excluded position? Interim rules are effective because the regulation only affects November 14, 2007. OPM must receive 894.304 Am I eligible to enroll if I’m retired dental and vision benefits of Federal or receiving workers’ compensation? comments on or before December 14, employees and annuitants. 2007. 894.305 Am I eligible to enroll if I am a former spouse receiving an ADDRESSES: Send written comments to Executive Order 12866, Regulatory apportionment of annuity? Nataya Battle, Senior Policy Analyst, Review 894.306 Are foster children eligible as family members? Center for Employee and Family This rule has been reviewed by the Support Policy, Strategic Human 894.307 Are disabled children age 22 or Office of Management and Budget in over eligible as family members? Resources Policy Division, Office of accordance with Executive Order 12866. Personnel Management, 1900 E Street, Subpart D—Cost of Coverage NW., Washington, DC 20415; or deliver Federalism 894.401 How do I pay premiums? to OPM, Room 3415, 1900 E Street, 894.402 Do the premiums I pay reflect the NW., Washington, DC; or FAX to (202) We have examined this rule in cost of providing benefits? 606–0633. accordance with Executive Order 13132, 894.403 Are FEDVIP premiums paid on a pre-tax basis? FOR FURTHER INFORMATION CONTACT: Federalism, and have determined that this rule will not have any negative 894.404 May I opt out of premium Nataya Battle, (202) 606–1874, or e-mail conversion? at [email protected]. impact on the rights, roles, and responsibilities of State, local, or Tribal 894.405 What happens if I go into nonpay SUPPLEMENTARY INFORMATION: status or if my pay/annuity is governments. insufficient to cover the allotments? Background List of Subjects in 5 CFR Part 894 Subpart E—Enrolling and Changing On December 23, 2004, Public Law Enrollment 108–496, 118 Stat. 4001, was signed into Administrative practice and 894.501 When may I enroll? law. This law established a dental procedure, Employee benefit plans, 894.502 What are the Qualifying Life Events benefits and vision benefits program for Government employees, Reporting and (QLEs) that allow me to enroll? Federal employees, annuitants, and recordkeeping requirements, 894.503 Are belated enrollments or changes their eligible family members. The first Retirement. allowed?

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894.504 When is my enrollment effective? (6) An otherwise eligible child’s lose employee additionally means an 894.505 Are retroactive premiums paid of spouse due to divorce or annulment employee of the United States Postal with pre-tax dollars (premium of marriage, or death. Service and an employee of the District conversion)? Administrator means the entity with of Columbia courts. 894.506 How often will there be open which the Office of Personnel seasons? Enrollment reconsideration means the 894.507 After I’m enrolled, may I change Management contracts to manage the carriers’ administrative review of its from one dental or vision plan or plan enrollment and premium payment initial enrollment decision to determine option to another? process for the Federal Employees if it followed the law and regulations 894.508 When may I increase my type of Dental and Vision Insurance Program correctly in making the initial decision enrollment? (FEDVIP). concerning FEDVIP eligibility. 894.509 What are the QLEs that are Annuitant means an individual Family member means a spouse consistent with increasing my type of defined at 5 U.S.C. 8901(3). General, the (including a spouse under a valid enrollment? term means a former employee who is common law marriage) and/or 894.510 When may I decrease my type of entitled to an immediate annuity or a enrollment? unmarried dependent child(ren). 894.511 What are the QLEs that are disability annuity under a retirement OPM means the Office of Personnel consistent with decreasing my type of system established for employees. The Management. enrollment? term also generally includes those OWCP means the Office of Workers’ 894.512 What happens if I leave receiving a survivor annuity due to the Compensation Programs, U.S. Government and then return? death of a Federal employee or Department of Labor. Subpart F—Termination or Cancellation of annuitant (survivor annuitants) and Premium conversion means the Coverage those receiving compensation from the payment of FEDVIP premiums using Office of Workers’ Compensation 894.601 When does my FEDVIP coverage pre-tax dollars. See § 892.102 of this stop? Programs (compensationers). The term chapter for a discussion of how 894.602 May I cancel my enrollment at any does not include former employees who premium conversion works. time? retire with a deferred annuity under 5 QLE means a qualifying life event. 894.603 Is there an extension of coverage U.S.C. 8413, or former spouses of Recognized natural child means a and right to convert when my coverage annuitants. biological child born outside of stops or when a covered family member Carrier means a company with which marriage. A recognized natural child is loses eligibility? the Office of Personnel Management an eligible family member if the child Subpart G—Annuitants and contracts to provide dental and/or lives with the enrollee or receives Compensationers vision benefits. financial support from the enrollee. 894.701 May I keep my dental and/or vision Child means one of the following: Regular parent-child relationship coverage when I retire or if I start (1)(i) A child born within marriage; means that the enrollee is exercising receiving workers’ compensation? (ii) An adopted child; parental authority, responsibility, and 894.702 May I participate in open seasons (iii) A stepchild or foster child who control over the child; is caring for, and make changes to my enrollment as lives with the enrollee in a regular supporting the child; and is making the an annuitant or compensationer? parent-child relationship; or decisions about the child’s education 894.703 How long does my coverage as an (iv) A recognized natural child. and medical care. annuitant or compensationer last? (2) This definition does not include a 894.704 What happens if I retire and then Type of enrollment means one of the grandchild (unless the grandchild meets following: come back to work for the Federal all the requirements of a foster child as Government? (1) Self only; stated in § 894.306). (2) Self plus one; or (3) The child must be unmarried and Subpart H—Benefits in Underserved Areas (3) Self and family. 894.801 Will benefits be available in under age 22. A child age 22 or over is underserved areas? eligible if the child is incapable of self- § 894.102 If I have a pre-existing dental or support because of a physical or mental vision condition, may I join FEDVIP? Authority: 5 U.S.C. 8962; 5 U.S.C. 8992. disability that existed before the child Yes. Pre-existing conditions do not Subpart A—Administration and reached age 22. exclude you from coverage under General Provisions Compensation has the same meaning FEDVIP. Carriers may not deny an as found under subchapter I of chapter individual the right to enroll solely § 894.101 Definitions 81 of title 5, United States Code, which because of a preexisting dental or vision This part is written as if the reader is payable because of an on-the-job condition. were an applicant or enrollee. injury or disease. Accordingly, the terms ‘‘you,’’ ‘‘your,’’ Compensationer means an individual § 894.103 How do I enroll? etc., refer, as appropriate, to the who is receiving compensation and who You may enroll through an applicant or enrollee. the Department of Labor determines is Administrator contracted by OPM to Acquiring an eligible child means one unable to return to duty. facilitate the enrollment process. Your of the following: Covered position means a position in Federal agency, retirement system, or which an employee is not excluded (1) Birth of a child; OWCP office will advise you of the from FEDVIP eligibility by law or enrollment process available to you. (2) Adoption of a child; regulation. (3) Acquisition of a foster child as Days means calendar days. § 894.104 Who makes enrollment described in § 894.306; Dependent means an unmarried child decisions and reconsiderations? (4) Residence change of the enrollee’s who is living with or receiving regular The carriers’ make enrollment stepchild or recognized natural child and substantial support from the decisions and the carriers review who moves in with the enrollee; enrollee. requests for reconsideration of an (5) Establishment of dependency of a Employee means an individual enrollment decision. The carrier’s initial recognized natural child as described in defined in 5 U.S.C. 8901. For the enrollment decision denying enrollment § 890.302(b) of this chapter; and purposes of this subpart, the term or an opportunity to change coverage

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must be in writing and must inform you chapter, with respect to dual be expected to be in pay status for at about your right to reconsideration. enrollments. least one-third of the total period of time from the date of your first appointment § 894.105 Who may correct an error in my Subpart C—Eligibility to the date you complete the work-study enrollment? program. (a) The Administrator may correct § 894.301 Am I eligible to enroll in the administrative errors about the FEDVIP? (g) An intermittent employee (a non- processing of your enrollment or You are eligible if you meet the full-time employee without a changes in enrollment. definition of employee in 5 U.S.C. prearranged regular tour of duty). (b) OPM may order correction of an 8901(1), unless you are in an excluded (h) A beneficiary or patient employee administrative error if it receives position. You are eligible if you are an in a Government hospital or home. evidence that it would be against equity employee of the United States Postal (i) Paid on a contract or fee basis. (fairness) and good conscience not to Service or the District of Columbia Exception: You are eligible if you are a order the correction. This decision is courts. United States citizen, and you are made at the discretion of OPM and is appointed by a contract between you § 894.302 What is an excluded position? not subject to review. and the Federal employing authority. To (c) If the correction gives you Excluded positions are described in 5 qualify, your contract must require your retroactive coverage, you must pay the U.S.C. 8901(1)(i) and 5 CFR 890.102(c), personal service, and you must be paid premiums for all periods of the except that employees of the United on the basis of units of time. States Postal Service and District of retroactive coverage. These premiums (j) Paid on a piecework basis. Columbia courts are not excluded will not be on a pre-tax basis (they are Exception: You are eligible if your work positions. not subject to premium conversion). schedule provides for full-time or part- You are in an excluded position if you time service, and you have a regularly Subpart B—Coverage and Types of are: scheduled tour of duty. Enrollment (a) An employee of a corporation supervised by the Farm Credit (k) The following positions are not § 894.201 What types of enrollments are Administration, if private interests elect excluded positions: available under FEDVIP? or appoint a member of the board of (1) An employee appointed to perform FEDVIP has three types of enrollment: directors. ‘‘part-time career employment,’’ as (a) Self only, which covers only the (b) An employee who is not a citizen defined in section 3401(2) of title 5, enrolled employee or annuitant; or national of the United States and U.S.C., and 5 CFR part 430, subpart B; (b) Self plus one, which covers the your permanent duty station is outside or enrolled employee or annuitant plus the United States. Exception: You are one eligible family member; and (2) An employee serving under an eligible if you met the definition of (c) Self and family, which covers the interim appointment established under employee on September 30, 1979, by enrolled employee or annuitant and all § 772.102 of this chapter. service in an Executive agency, the eligible family members. United States Postal Service, or the § 894.303 What happens to my enrollment if I transfer to an excluded position? § 894.202 If I enroll for self plus one, may Smithsonian Institution in the area that I decide which family member to cover? was then known as the Canal Zone. (a) If you have FEDVIP coverage and Yes, if you enroll for self plus one, (c) An employee of the Tennessee you transfer to a position excluded you must state at the time you enroll Valley Authority. under § 894.302(a) through (d), your which eligible family member you want (d) An individual first employed by enrollment stops. to cover under your enrollment. the Government of the District of (b) If you have FEDVIP coverage and Columbia on or after October 1, 1987, you transfer to a position excluded § 894.203 If I have a self plus one except employees of the District of under § 894.302(e) through (j) with no enrollment, when may I change which Columbia Courts and those employees family member I want to cover or change to break in service of more than 3 days, self only? defined at § 890.102(c)(8) of this your enrollment is not affected. If you chapter. You may change your covered family have a break in service of more than 3 (e) Serving under an appointment days, your enrollment stops. member under a self plus one limited to 1 year or less. Exceptions: enrollment or change to self only (c) If you did not elect to enroll in You are eligible if: FEDVIP and then transfer to an coverage in the following situations: (1) You are an acting postmaster; (a) During the annual open season; excluded position, you lose all rights to (b) If your covered family member (2) You are a Presidential appointee enroll at that time. dies during the year; or appointed to fill an unexpired term; (c) If your covered family member (3) You are an employee with a § 894.304 Am I eligible to enroll if I’m retired or receiving workers’ loses eligibility during the year. provisional appointment, as defined in § 316.401 and § 316.403 of this chapter; compensation? § 894.204 May I be enrolled in more than or If you are retired, receiving workers’ one dental or vision plan at a time? (4) You have completed 1 year of compensation, or are a survivor You may be enrolled in a FEDVIP current continuous employment, annuitant, you are eligible if you meet dental plan and a separate FEDVIP excluding any break in service of 5 days the definition of annuitant in 5 U.S.C. vision plan at the same time. But no one or less. 8901(3). may enroll or be covered as a family (f) You are expected to work fewer member in a FEDVIP dental or vision than 6 months in each year. Exception: § 894.305 Am I eligible to enroll if I am a plan if he or she is covered under You are eligible if you are employed former spouse receiving an apportionment another person’s FEDVIP dental or under an OPM-approved career-related of annuity? vision self plus one or self and family work-study program under Schedule B. No. Former spouses receiving an enrollment, except as provided under To qualify, your work-study program apportionment of annuity are not § 890.302 (a)(2) through (4) of this must last at least 1 year, and you must eligible to enroll in FEDVIP.

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§ 894.306 Are foster children eligible as § 894.405 What happens if I go into following the one in which the family members? nonpay status or if my pay/annuity is Administrator receives your enrollment, Yes, foster children may be eligible insufficient to cover the allotments? but no earlier than December 31, 2006. for coverage as family members under (a) If your pay, annuity, or (c)(1) A belated open season FEDVIP. compensation is too low to cover the enrollment is effective retroactive to the premium allotments, or if you go into a date it would have been effective if you § 894.307 Are disabled children age 22 or nonpay status, contact the had made a timely enrollment or request over eligible as family members? Administrator to arrange to pay your for a change. A child age 22 or over is an eligible premiums directly to the Administrator. (2) Any other belated enrollment or family member if the child is incapable (b) If you do not make the premium change is effective retroactive to the 1st of self-support because of a physical or payments, your FEDVIP coverage will day of the pay period following the one mental disability that existed before the stop. You will not be able to reenroll in which you became newly eligible or child reached age 22. until the next open season after: the date of your QLE. (1) You are in pay status; or (3) You are responsible for any Subpart D—Cost of Coverage (2) Your pay is sufficient to make the retroactive premiums due to a belated premium allotments. enrollment or request for a change. § 894.401 How do I pay premiums? Subpart E—Enrollment and Changing § 894.505 Are retroactive premiums paid (a) Employees pay premiums through with pre-tax dollars (premium conversion)? payroll allotments. Enrollment Retroactive premiums are not paid (b) Annuitants and survivor § 894.501 When may I enroll? under premium conversion, except annuitants pay premiums through when you are changing your enrollment annuity allotments. You may enroll: (a) During the annual open season; retroactively as a result of birth or (c) Compensationers pay premiums (b) Within 60 days after you first adoption of a child. Any additional through allotments from compensation become eligible as: withholdings for retroactive premiums payments. (1) A new employee; that are due must be made with after-tax (d) In limited circumstances, (2) A previously ineligible employee dollars. The Administrator will bill you individuals may make direct premium who transfers to a covered position; or directly for any retroactive premiums payments. See § 894.405. (3) A new survivor annuitant, if not that must be paid with after-tax dollars. § 894.402 Do the premiums I pay reflect already covered under FEDVIP. § 894.506 How often will there be open the cost of providing benefits? (c) Within 60 days of when you return seasons? to service following a break in service of There will be an annual open season The premiums you pay shall at least 30 days; or for FEDVIP at the same time as the reasonably and equitably reflect the cost (d) Within 60 days of a QLE that annual FEHB Program open season. of the benefits provided. allows you to enroll. § 894.507 After I’m enrolled, may I change § 894.403 Are FEDVIP premiums paid on a § 894.502 What are the Qualifying Life pre-tax basis? from one dental or vision plan or plan Events (QLEs) that allow me to enroll? option to another? (a) Your FEDVIP premiums are paid (a) You or an eligible family member (a) You may change from one dental on a pre-tax basis (called premium lose other dental/vision coverage; and/or vision plan or one plan option to conversion) if you are an active (b) Your annuity or compensation is another option in that same plan during employee, your salary is sufficient to restored after having been terminated; or the annual open season. make the premium allotments, and your (c) You return to pay status after being (b)(1) If you are enrolled in a dental agency is able to make pre-tax on leave without pay due to deployment or vision plan with a geographically allotments. to active military duty. restricted service area, and you or a (b) Your FEDVIP premiums are not covered eligible family member move paid on a pre-tax basis if: § 894.503 Are belated enrollments or changes allowed? out of the service area, you may change (1) You are an employee in nonpay to a different dental or vision plan that (a) The time limit for enrolling or status or an employee whose salary is serves that area. not high enough to make premium changing your enrollment may be (2) You may make this change at any allotments, or your agency is unable to extended up to 3 months after the date time before or after the move, once you make pre-tax allotments; you became newly eligible or had a QLE or a covered eligible family member has or after the end of an open season. To (2) You are an annuitant, a survivor a new address. qualify, you must demonstrate to the (3) The enrollment change is effective annuitant, or a compensationer; carrier that you were not able to enroll (3) Your enrollment change was made the first day of the pay period following or change your enrollment on time for the pay period in which you make the effective retroactively which resulted in reasons beyond your control. additional premium withholdings, change. (b) If the carrier allows you to make (4) You may not change your type of unless it is as a result of birth or a belated enrollment or enrollment enrollment unless you also have a QLE adoption of a child . change, you must enroll or change that allows you to change your type of (4) You have been approved to pay within 30 days after the carrier notifies enrollment. premiums directly to the Administrator. you of its determination. § 894.508 When may I increase my type of § 894.404 May I opt out of premium § 894.504 When is my enrollment enrollment? conversion? effective? (a) You may increase your type of No, all enrolled employees whose (a) Open season enrollments are enrollment salary is sufficient to make premium effective on the date set by OPM. (1) During the annual open season; or allotments and whose agency is able to (b) If you enroll when you first (2) If you have a QLE that is make pre-tax allotments must become eligible your enrollment is consistent with increasing your type of participate in premium conversion. effective the 1st day of the pay period enrollment.

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(b) Increasing your type of enrollment (b)(1) If you return to Federal service (f) If your FEDVIP carrier discontinues means going from: after a break in service of fewer than 30 participation in the program at the end (1) Self only to self plus one; days, and you were not previously of the contract year, then you must (2) Self only to self and family; or enrolled in FEDVIP, you may not enroll change to another carrier during the (3) Self plus one to self and family. until the next open season or unless you open season, unless OPM establishes a (c) You may increase your type of have a QLE that allows you to enroll. different time. If the discontinuance is enrollment during the time period (2) If you return to Federal service at a time other than the end of the beginning 31 days before the QLE and after a break in service of fewer than 30 contract year, OPM will establish a time ending 60 days after the QLE. days, and you were previously enrolled and effective date for you to change (d) Your new type of enrollment is in FEDVIP, you may reenroll in the your carrier. If you do not change your effective the 1st day of the pay period same plan(s) and plan option and with carrier within the time set by OPM, your following the pay period in which you the same type of enrollment you had coverage will stop at midnight of the make the change. before you separated. Exceptions: day before the effective date set by OPM (e) You may not change from one (i) If you were enrolled in a dental or for coverage with another carrier. dental or vision plan to another, except vision plan with a restricted geographic as stated in § 894.508(b). service area, and you have since moved § 894.602 May I cancel my enrollment at any time? § 894.509 What are the QLEs that are out of the plan’s service area, you may consistent with increasing my type of change to a different dental or vision No. You may only cancel your enrollment? plan that serves that area. enrollment during an open season. Exceptions: You may cancel your dental (a) Marriage; (ii) If you have since gained or lost an (b) Acquiring an eligible child; or eligible family member, you may change and/or vision enrollment if you transfer (c) Loss of other dental or vision your type of enrollment consistent with to an eligible position with a Federal coverage by an eligible family member. the change in the number of eligible agency that provides dental and/or family members. vision coverage with 50 percent or more § 894.510 When may I decrease my type of (3) If you return to Federal service as employer-paid premiums. You may also enrollment? a new hire after a break in service of 30 cancel upon deployment to active (a) You may decrease your type of days or more, you may enroll if you military duty. These cancellations will enrollment were not previously enrolled, change become effective at the end of the pay (1) During the annual open season; or your dental or vision plan, and/or period that you submit your request. (2) If you have a QLE that is change your type of enrollment. consistent with decreasing your type of § 894.603 Is there an extension of enrollment. Subpart F—Termination or coverage and right to convert when my (b) Decreasing your type of enrollment coverage stops or when a covered family Cancellation of Coverage member loses eligibility? means going from: (1) Self and family to self plus one; § 894.601 When does my FEDVIP coverage No. There is no extension of coverage (2) Self and family to self only; or stop? or right to convert to an individual (3) Self plus one to self only. (a) If you no longer meet the policy or Temporary Continuation of (c) You may decrease your type of definition of an eligible employee or Coverage (TCC) when your FEDVIP enrollment during the time period annuitant, your FEDVIP coverage stops coverage stops or when a family beginning 31 days before your QLE and at the end of the pay period in which member loses eligibility under the ending 60 days after your QLE. you were last eligible. Program. (d) Your new type of enrollment is (b) If you go into a period of nonpay effective the 1st day of the pay period or insufficient pay, and you do not make Subpart G—Annuitants and following the one in which you make direct premium payments, your FEDVIP Compensationers the change. coverage stops at the end of the pay § 894.701 May I keep my dental and/or (e) You may not change from one period for which your agency, vision coverage when I retire or start dental or vision plan or option to retirement system, or OWCP last made receiving workers’ compensation? another, except as stated in § 894.508(b). a premium allotment from your pay. (a) Your FEDVIP coverage continues if (c) If you are making direct premium § 894.511 What are the QLEs that are you retire on an immediate annuity or consistent with decreasing my type of payments, and you stop making the on a disability annuity, or start receiving enrollment? payments, your FEDVIP coverage stops compensation from OWCP. at the end of the pay period for which (a) Loss of an eligible family member (b) If you retire on a Minimum you last made a payment. due to: Retirement Age +10 annuity that you (d) If you cancel your enrollment (1) Divorce; elect to postpone in accordance with 5 (2) Death; or during an open season, your FEDVIP U.S.C. 8412(g), your FEDVIP coverage (3) Loss of eligibility of a previously coverage stops at midnight of the day will stop when you separate from enrolled child. before the effective date of an open service. However, you may enroll again (b) Your spouse deploys to active season change as set by OPM. within 60 days of when your annuity military duty. (e) If you are enrolled with a starts. combination dental and vision carrier (c) If you retire on a deferred annuity § 894.512 What happens if I leave Federal with a restricted service area, and you Government and then return? in accordance with 5 U.S.C. 8413, your move outside the carrier’s service area FEDVIP coverage stops and you are not (a) Your FEDVIP coverage terminates to a service area that does not offer a eligible to enroll. at the end of the pay period in which combination carrier and you change to you separate from government service. a dental only or vision only carrier, your § 894.702 May I participate in open season Exception: If you separate for retirement existing combination plan coverage will and make changes to my enrollment as an or while in receipt of workers’ stop at midnight of the day before the annuitant or compensationer? compensation as defined in § 894.701, effective date of your new plan Yes. Annuitants and compensationers your FEDVIP coverage continues. coverage. may participate in open season and

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make enrollment changes under the ACTION: Final rule. C. Regulatory Procedures same circumstances as active Final Rule Under the Administrative employees. SUMMARY: The NCUA is amending its Procedure Act management interlocks rule to conform § 894.703 How long does my coverage as it to a change the Financial Services Generally, the Administrative an annuitant or compensationer last? Regulatory Relief Act of 2006 (FSRAA) Procedure Act (APA) requires a federal Your coverage as an annuitant or made in the dollar threshold that agency to provide the public with notice compensationer continues as long as triggers the prohibition on management and the opportunity to comment on you continue receiving an annuity or officials serving at unaffiliated agency rulemakings. The amendment in compensation and pay your premiums, depository organizations. This final rule this rule is not substantive but technical unless you cancel your coverage during changes the threshold from $20 million in that it merely incorporates into an open season or terminate coverage to $50 million. NCUA’s regulations a statutory increase due to insufficient annuity or in the threshold. The APA permits an compensation. DATES: This rule is effective as of agency to forego the notice and October 15, 2007. § 894.704 What happens if I retire and then comment period under certain come back to work for the Federal FOR FURTHER INFORMATION CONTACT: circumstances, such as when a Government? Annette Tapia, Staff Attorney, Office of rulemaking is technical and not (a) If you have FEDVIP coverage as an General Counsel, National Credit Union substantive. For these reasons, NCUA annuitant, and you become reemployed Administration, 1775 Duke Street, finds good cause that notice and public in an eligible position in Federal Alexandria, Virginia 22314–3428 or comment are unnecessary under Section service, you must contact the telephone: (703) 518–6540. 553(b)(3)(B) of the APA, 5 U.S.C. 553(b)(3)(B), and also finds good cause Administrator so it can send the request SUPPLEMENTARY INFORMATION: for allotments to your agency so your to dispense with the 30-day delayed agency can start making the allotments A. Background effective date requirement under from your pay. Section 553(d)(3) of the APA. 5 U.S.C. (b) If you did not enroll in FEDVIP The Depository Institution 553(d)(3). The rule will, therefore, be coverage as an annuitant and become Management Interlocks Act (Interlocks effective upon publication. Act) prohibits individuals from reemployed in an eligible Federal Regulatory Flexibility Act position, you have 60 days to enroll in simultaneously serving as a management official at two unaffiliated The Regulatory Flexibility Act FEDVIP. requires NCUA to prepare an analysis to (c) If you enroll as an employee the depository institutions or their holding describe any significant economic Administrator will stop sending companies (collectively, depository impact a rule may have on a substantial requests for allotments from your organizations) under certain number of small entities (those credit annuity. circumstances. 12 U.S.C. 3201 et seq. Section 203(1) of the Interlocks Act unions under ten million dollars in Subpart H—Benefits in Underserved prohibits interlocks between assets). This rule changes NCUA’s Areas unaffiliated depository organizations if regulation to conform to a statutory each depository organization or its change. This rule will not have a § 894.801 Will benefits be available in affiliate has an office in the same significant economic impact on a underserved areas? relevant metropolitan statistical area substantial number of small credit (a) Dental and vision plans under (RMSA prohibition), unless each of the unions, and, therefore, a regulatory FEDVIP will include underserved areas depository organizations or affiliates flexibility analysis is not required. in their service areas and provide involved has total assets below a Paperwork Reduction Act benefits to enrollees in underserved specified threshold. Before enactment of areas. FSRRA, this asset threshold was $20 NCUA has determined that this rule (b) In any area where a FEDVIP dental million; however, section 610 of FSRRA will not increase paperwork or vision plan does not meet OPM amended the Interlocks Act by raising requirements under the Paperwork access standards, including underserved this asset threshold to $50 million, Reduction Act of 1995 and regulations areas, enrollees may receive services effective October 13, 2006. of the Office of Management and from non-network providers. Budget. This final rule tracks changes the (c) Contracts under FEDVIP shall Executive Order 13132 include access standards as defined by other federal financial institution OPM and payment levels for services to regulators have made in their Executive Order 13132 encourages non-network providers in areas that do management interlocks rules. 72 FR independent regulatory agencies to not meet access standards. 38753 (July 16, 2007). consider the impact of their actions on B. Regulatory Changes state and local interests. In adherence to [FR Doc. E7–20193 Filed 10–12–07; 8:45 am] fundamental federalism principles, BILLING CODE 6325–39–P NCUA is amending § 711.3(b) to NCUA, an independent regulatory implement section 610 of FSRRA. agency as defined in 44 U.S.C. 3502(5), Specifically, the final rule modifies the voluntarily complies with the executive NATIONAL CREDIT UNION RMSA prohibition to allow a order. This rule will not have ADMINISTRATION management official of one depository substantial direct effects on the states, organization to serve as a management on the relationship between the national 12 CFR Part 711 official of an unaffiliated depository government and the states, or on the Management Official Interlocks organization that has an office in the distribution of power and Threshold Change same RMSA as the first organization if responsibilities among the various each of the depository organizations or levels of government. NCUA has AGENCY: National Credit Union affiliates involved has total assets of less determined that this rule does not Administration (NCUA). than $50 million. constitute a policy that has federalism

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implications for purposes of the Payable in Terminated Single-Employer Appendix B to part 4044) will be 5.46 executive order. Plans and Allocation of Assets in percent for the first 20 years following Single-Employer Plans prescribe interest The Treasury and General Government the valuation date and 5.13 percent assumptions for valuing and paying Appropriations Act, 1999—Assessment thereafter. These interest assumptions benefits under terminating single- of Federal Regulations and Policies on represent a decrease (from those in employer plans. This final rule amends Families effect for October 2007) of 0.05 percent the regulations to adopt interest for the first 20 years following the The NCUA has determined that this assumptions for plans with valuation valuation date and 0.05 percent for all rule will not affect family well-being dates in November 2007. Interest years thereafter. within the meaning of section 654 of the assumptions are also published on the Treasury and General Government PBGC’s Web site (http://www.pbgc.gov). The interest assumptions that the PBGC will use for its own lump-sum Appropriations Act, 1999, Pub. L. 105– DATES: Effective November 1, 2007. payments (set forth in Appendix B to 277, 112 Stat. 2681 (1998). FOR FURTHER INFORMATION CONTACT: part 4022) will be 3.25 percent for the Catherine B. Klion, Manager, Regulatory Small Business Regulatory Enforcement period during which a benefit is in pay Fairness Act and Policy Division, Legislative and Regulatory Department, Pension Benefit status and 4.00 percent during any years The Small Business Regulatory Guaranty Corporation, 1200 K Street, preceding the benefit’s placement in pay Enforcement Fairness Act of 1996 (Pub. NW., Washington, DC 20005, 202–326– status. These interest assumptions L. 104–121) (SBREFA) provides 4024. (TTY/TDD users may call the represent no change from those in effect generally for congressional review of Federal relay service toll-free at 1–800– for October 2007. For private-sector agency rules. A reporting requirement is 877–8339 and ask to be connected to payments, the interest assumptions (set triggered in instances where NCUA 202–326–4024.) forth in Appendix C to part 4022) will issues a final rule as defined by Section be the same as those used by the PBGC 551 of the APA. 5 U.S.C. 551. The Office SUPPLEMENTARY INFORMATION: The PBGC’s regulations prescribe actuarial for determining and paying lump sums of Management and Budget is currently (set forth in Appendix B to part 4022). reviewing this rule as it pertains to assumptions—including interest SBREFA. assumptions—for valuing and paying The PBGC has determined that notice plan benefits of terminating single- and public comment on this amendment List of Subjects in 12 CFR Part 711 employer plans covered by title IV of are impracticable and contrary to the Antitrust, Banks, Banking, Credit the Employee Retirement Income public interest. This finding is based on unions. Security Act of 1974. The interest the need to determine and issue new assumptions are intended to reflect interest assumptions promptly so that By the National Credit Union current conditions in the financial and Administration Board on October 9, 2007. the assumptions can reflect current annuity markets. market conditions as accurately as Mary Rupp, Three sets of interest assumptions are possible. Secretary of the Board. prescribed: (1) A set for the valuation of I For the reasons discussed above, benefits for allocation purposes under Because of the need to provide NCUA is amending part 711 as follows: section 4044 (found in Appendix B to immediate guidance for the valuation part 4044), (2) a set for the PBGC to use and payment of benefits in plans with PART 711—MANAGEMENT OFFICIAL to determine whether a benefit is valuation dates during November 2007, INTERLOCKS payable as a lump sum and to determine the PBGC finds that good cause exists lump-sum amounts to be paid by the I 1. The authority citation for part 711 for making the assumptions set forth in PBGC (found in Appendix B to part continues to read as follows: this amendment effective less than 30 4022), and (3) a set for private-sector days after publication. Authority: 12 U.S.C. 1757 and 3201–3208. pension practitioners to refer to if they The PBGC has determined that this I wish to use lump-sum interest rates 2. Section 711.3(b) is amended by action is not a ‘‘significant regulatory determined using the PBGC’s historical removing the number ‘‘20’’ and adding action’’ under the criteria set forth in number ‘‘50’’ in its place. methodology (found in Appendix C to part 4022). Executive Order 12866. [FR Doc. E7–20266 Filed 10–12–07; 8:45 am] This amendment (1) adds to Because no general notice of proposed BILLING CODE 7535–01–P Appendix B to part 4044 the interest rulemaking is required for this assumptions for valuing benefits for amendment, the Regulatory Flexibility allocation purposes in plans with Act of 1980 does not apply. See 5 U.S.C. PENSION BENEFIT GUARANTY valuation dates during November 2007, 601(2). CORPORATION (2) adds to Appendix B to part 4022 the interest assumptions for the PBGC to List of Subjects 29 CFR Parts 4022 and 4044 use for its own lump-sum payments in 29 CFR Part 4022 Benefits Payable in Terminated Single- plans with valuation dates during Employer Plans; Allocation of Assets November 2007, and (3) adds to Employee benefit plans, Pension in Single-Employer Plans; Interest Appendix C to part 4022 the interest insurance, Pensions, Reporting and Assumptions for Valuing and Paying assumptions for private-sector pension recordkeeping requirements. Benefits practitioners to refer to if they wish to use lump-sum interest rates determined 29 CFR Part 4044 AGENCY: Pension Benefit Guaranty using the PBGC’s historical Employee benefit plans, Pension Corporation. methodology for valuation dates during insurance, Pensions. ACTION: Final rule. November 2007. For valuation of benefits for allocation I In consideration of the foregoing, 29 SUMMARY: The Pension Benefit Guaranty purposes, the interest assumptions that CFR parts 4022 and 4044 are amended Corporation’s regulations on Benefits the PBGC will use (set forth in as follows:

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PART 4022—BENEFITS PAYABLE IN Authority: 29 U.S.C. 1302, 1322, 1322b, Appendix B to Part 4022—Lump Sum TERMINATED SINGLE-EMPLOYER 1341(c)(3)(D), and 1344. Interest Rates for PBGC Payments PLANS I 2. In appendix B to part 4022, Rate Set * * * * * I 1. The authority citation for part 4022 169, as set forth below, is added to the continues to read as follows: table.

For plans with a valuation Imme- Deferred annuities date diate an- (percent) Rate set nuity rate On or after Before (percent) i1 i2 i3 n1 n2

******* 169 ...... 11–1–07 12–1–07 3.25 4.00 4.00 4.00 7 8

I 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 169, as set forth below, is added to the Interest Rates for Private-Sector table. Payments * * * * *

For plans with a valuation Imme- Deferred annuities date diate an- (percent) Rate set nuity rate On or after Before (percent) i1 i2 i3 n1 n2

******* 169 ...... 11–1–07 12–1–07 3.25 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used to Value Benefits PLANS I 5. In appendix B to part 4044, a new * * * * * I 4. The authority citation for part 4044 entry for November 2007, as set forth continues to read as follows: below, is added to the table.

The values of it are: For valuation dates occurring in the month— it for t = it for t = it for t =

******* November 2007 ...... 0546 1-20 .0513 >20 N/A N/A

Issued in Washington, DC, on this 10th day ACTION: Notice of temporary deviation Guard District, Bridge Administration of October 2007. from regulations. Branch, Hale Boggs Federal Building, Vincent K. Snowbarger, Room 1313, 500 Poydras Street, New Deputy Director, Pension Benefit Guaranty SUMMARY: The Commander, Eighth Orleans, Louisiana 70130–3310 between Corporation. Coast Guard District, has issued a 7 a.m. and 3 p.m., Monday through [FR Doc. E7–20270 Filed 10–12–07; 8:45 am] temporary deviation from the regulation Friday, except Federal holidays. The BILLING CODE 7709–01–P governing the operation of the BNSF telephone number is (504) 671–2128. Railway Company Swing Bridge across The Bridge Administration Branch the Charenton Drainage and maintains the public docket for this Navigational Canal, mile 0.4, at temporary deviation. DEPARTMENT OF HOMELAND Baldwin, St. Mary Parish, LA. This FOR FURTHER INFORMATION CONTACT: Bart SECURITY deviation provides for the bridge to Marcules, Bridge Administration remain closed to navigation for 5 days Coast Guard Branch, telephone (504) 671–2128. with three hour openings each day to conduct maintenance repairs to the SUPPLEMENTARY INFORMATION: The BNSF 33 CFR Part 117 drawbridge. Railway Company has requested a temporary deviation in order to replace [CGD08–07–025] DATES: This deviation is effective from or repair a bent shaft, bearings, and 8 a.m. on October 22, 2007 through 8 housing that are integral to the safe Drawbridge Operation Regulations; p.m. on October 26, 2007. Charenton Drainage and Navigation operation of the swing bridge across the Canal, Baldwin, LA ADDRESSES: Materials referred to in this Charenton Drainage and Navigational document are available for inspection or Canal, mile 0.4, at Baldwin, St. Mary AGENCY: Coast Guard, DHS. copying at the office of the Eighth Coast Parish, LA. This bridge opens on signal

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in accordance with 33 CFR 117.5, but stated that the Postal Service’s been revised to state that written notices this temporary deviation will allow the Ombudsman regulatory provisions and must be by certified mail, return receipt bridge to remain in the closed-to- guidance contained in 39 CFR Part 601 requested. Subparagraph (c)(4) has been navigation position from 8 a.m. on were inconsistent with leading revised to require that the written notice October 22, 2007 through 8 p.m. on Ombudsman principles and practices. to the supplier establish the period of October 26, 2007. BNSF will provide an In response, the Postal Service time during which the decision to opening from 8 a.m. till 11 a.m. every benchmarked its supplier disagreement decline to accept or consider proposals day starting October 23, 2007. An resolution process against a variety of is in effect. Paragraph (d) has been alternate route is available through the private sector companies, and found revised to provide a cross-reference to Berwick Locks. The bridge provides 10 that the process conforms to leading section 601.108. business principles and practices. We feet of vertical clearance in the closed- Section 601.106 Reserved to-navigation position. Navigation on do agree with GAO that the use of the the waterway consists of tugs with tows, term Ombudsman is inaccurate, As discussed above, the previous text fishing vessels and recreational craft however, and therefore have changed in this section has been combined into including sailboats and powerboats. Due the term to Supplier Disagreement a new paragraph (b) of section 601.105. to prior experience, as well as Resolution Official (SDR Official). In Section 601.107 Initial Disagreement coordination with waterway users, and addition, several minor procedural Resolution an alternate route through Berwick changes have been made to the This section includes a new Locks it has been determined that this regulations and business processes paragraph (a) ‘‘Definitions’’, that closure will not have a significant effect published in May of 2005, and these are provides definition for certain terms explained in more detail below. on these vessels. that appear throughout the regulations. In accordance with 33 CFR 117.35(e), Explanation of Changes Paragraph (b) has been revised to state the drawbridge must return to its regular that all disagreements lodged with the operating schedule immediately at the Section 601.100 Purchasing Policy contracting officer must be in writing end of the designated time period. This This section has been revised for and to describe the methods in which a deviation from the operating regulations clarity, specifically by stating that the person or organization may lodge a is authorized under 33 CFR 117.35. Postal Service acquires property and business disagreement with the Dated: October 2, 2007. services pursuant to the authority of 39 contracting officer and to delineate the David M. Frank, U.S.C. 410. timeframe a person or organization has Bridge Administrator. Section 601.101 Effective Date to lodge a disagreement. This section [FR Doc. E7–20207 Filed 10–12–07; 8:45 am] has also been revised to state that the This section has been revised to state BILLING CODE 4910–15–P contracting officer’s manager may help that the revised regulations will take to resolve the disagreement and that at effect thirty days after publication. the conclusion of the ten day resolution POSTAL SERVICE Section 601.102 Revocation of Prior period, the contracting officer must Purchasing Regulations communicate, in writing, to the supplier 39 CFR Part 601 The reference to section 601.103 has his or her resolution of the been deleted due to a revision to that disagreement. This section has been Purchasing of Property and Services section. further revised by moving the text discussing disagreements not resolved AGENCY: Postal Service. Section 601.103 Applicability and within 10 days to section 601.108(a). ACTION: Final rule. Coverage The text regarding alternative dispute SUMMARY: The Postal ServiceTM is This section has been revised to state resolution has been retained and making several minor revisions to its that these regulations apply to all Postal codified in paragraph (c). regulations governing the purchasing of Service acquisitions of property (except Section 601.108 SDR Official property and services to comply with real property) and services. Disagreement Resolution certain findings and suggestions of the Section 601.104 Postal Purchasing Government Accountability Office, and The Ombudsman has been given a Authority to clarify a variety of procedural new title: Supplier Disagreement matters. This section has not been changed. Resolution Official (‘‘SDR Official’’), and this term is used throughout the DATES: This final rule is effective Section 601.105 Business regulations. Text regarding November 14, 2007. Relationships disagreements not resolved within 10 FOR FURTHER INFORMATION CONTACT: Paul In paragraph (a), the last sentence of days has been moved from section McGinn, (202) 268–4638, or Syvera the text has been revised to make it clear 601.107 to this section under paragraph O’Pharrow, (202) 268–8110. that the Postal Service reserves the right (a). Because neither 39 U.S.C. 410 nor SUPPLEMENTARY INFORMATION: The Postal to decline to accept or consider other public laws apply to the Postal Service is making several minor proposals from a person or organization Service’s administrative resolution of revisions to its regulations governing the when that person or organization fails to supplier disagreements, the previous purchasing of property and services in meet reasonable business expectations. reference to ‘‘39 U.S.C. 410, and all order to (1) comply with some of the Previous section 601.106 has been other applicable public laws enacted by findings in the Government revised and included in this section as Congress’’ has been deleted. The Accountability Office’s (GAO) report, a new paragraph (b). The first sentence definition of disagreements in paragraph GAO–06–190, U.S. Postal Service: in the new paragraph (b) has been (b) has been deleted and is now Purchasing Changes Seem Promising, revised for clarity by indicating under included in the ‘‘Definitions’’ paragraph but Revisions to Ombudsman Position what circumstances the Postal Service discussed above. Paragraph (c) has been are Needed, and (2) clarify some reserves the right to decline to accept or expanded to include the address for procedural matters. In its report, GAO consider proposals. Paragraph (c) has submitting supplier disagreements. In

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paragraph (d), new text has been added added in subparagraph (d)(5); this § 601.104 Postal purchasing authority. delineating the timeframes that apply requires only major service changes to Only the Postmaster General/CEO; the for lodging a disagreement with the SDR be approved by the vice president of Postal Service’s vice president, Supply Official, and new text has also been Supply Management. In subparagraph Management; contracting officers with added addressing the supplier’s filing of (e)(3) the term ‘‘debarring official’’ has written statements of specific authority; a request for an extension of time. been replaced with the term ‘‘vice and others designated in writing or Paragraph (e) has been revised to president of Supply Management’’ for listed in this part have the authority to incorporate guidance on the submission consistency. bind the Postal Service with respect to of confidential information. The term A new subparagraph (e)(v) has been entering into, modifying, or terminating ‘‘interested parties’’ now defined in included as a basis for debarment. any contract regarding the acquisition of paragraph 601.107(a), replaces property, services, and related ‘‘interested persons’’ throughout section List of Subjects in 39 CFR Part 601 purchasing matters. The Postal Service’s 601.108. Government procurement, Postal vice president, Supply Management, or Section 601.109 Contract Claims and Service. his or her designee, may also delegate in writing local buying authority Disputes I Accordingly, 39 CFR part 601 is throughout the Postal Service. Paragraph (a) has been revised to give revised to read as follows: the supplier the option of using the SDR § 601.105 Business relationships. Official as a mediator for contract PART 601—PURCHASING OF (a) General. A person or organization performance disagreements prior to PROPERTY AND SERVICES wishing to have a continuing business bringing a contract claim or dispute Sec. relationship with the Postal Service in under this section. Paragraph (g)(3) has 601.100 Purchasing policy. purchasing matters is expected to treat been revised to give the contracting 601.101 Effective date. the Postal Service in the same manner officer the option to request additional 601.102 Revocation of prior purchasing as it would other valued customers of information prior to making a decision. regulations. similar size and importance. The Postal 601.103 Applicability and coverage. Section 601.110 Payment of Claims; Service reserves the right to decline to 601.104 Postal purchasing authority. accept or consider proposals from a Section 601.111 Interest on Claim 601.105 Business relationships. Amounts; Section 601.112 Review of person or organization when that person 601.106 Reserved. or organization fails to meet reasonable Adverse Decisions 601.107 Initial disagreement resolution. 601.108 SDR Official disagreement business expectations or provide a high These sections have not been level of confidence regarding quality, changed. resolution. 601.109 Contract claims and disputes. prompt service, and overall Section 601.113 Debarment, 601.110 Payment of claims. professionalism. Suspension, and Ineligibility 601.111 Interest on claim amounts. (b) Declining to accept or consider 601.112 Review of adverse decisions. proposals. The Postal Service may Paragraph (a) has been revised to be 601.113 Debarment, suspension, and decline to accept or consider proposals consistent with the discussion of the ineligibility. when a person or organization exhibits same matter in subparagraph (d)(2). The Authority: 39 U.S.C. 401, 404, 410, 411, unacceptable conduct or business definition of ‘‘Affiliate’’ under 2008, 5001–5605. practices that do not meet reasonable subparagraph (b)(1) has been revised to business expectations or does not clarify the definition of control. The § 601.100 Purchasing policy. provide a high level of confidence about definition of ‘‘Judicial Officer’’ The Postal Service acquires property the entity’s current or future business originally set forth in subparagraph and services pursuant to the authority of relations. Unacceptable conduct or (b)(6) has been deleted. Subparagraph 39 U.S.C. 410. business practices include, but are not (c)(1) has been revised because the § 601.101 Effective date. limited to: Postal Service no longer distributes a (1) Marginal or dilatory contract hardcopy of the list of debarred and These regulations are effective performance; suspended suppliers to contracting November 14, 2007. Solicitations issued (2) Failure to deliver on promises officers; the list is maintained and resulting contracts entered into made in the course of dealings with the electronically and is available internally prior to that date will be governed by Postal Service; on the Postal Service’s Supply the regulations in effect at the time the (3) Providing false or misleading Management Web site. Subparagraph solicitation was issued. information regarding financial (c)(2) has been revised because the condition, ability to perform, or other original regulations only considered § 601.102 Revocation of prior purchasing regulations. material matters, including any aspect hardcopy versions; GSA no longer of performance on a contract; and publishes hardcopies and the list is All previous postal purchasing (4) Engaging in other questionable or maintained electronically on GSA’s Web regulations, including the Postal unprofessional conduct or business site. Subparagraph (d)(2) has been Contracting Manual, Procurement practices. revised to state clearly that the supplier Manual, the Purchasing Manual (Issues (c) Notice. If the Postal Service elects must review the consolidated GSA list 1, 2 and 3), and procurement to decline to accept or consider in order to exclude suppliers debarred handbooks, circulars, and instructions, proposals from a person or organization, or suspended by the Postal Service from are revoked and are superseded by the the vice president, Supply Management, performing part of a Postal Service regulations contained in this part. or his or her designee, will provide a contract (the Postal Service list is written notice to the person or § 601.103 Applicability and coverage. available internally only). Subparagraph organization by Certified Mail, return (d)(3) has been changed for consistency The regulations contained in this part receipt requested, explaining: with the previous subparagraph. The apply to all Postal Service acquisition of (1) The reasons for the decision; words ‘‘insignificant or significant property (except real property) and (2) The effective date of the decision; minor service changes’’ have been services. (3) The scope of the decision;

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(4) The period of time the decision contracting officer ten-day resolution relating to it, the scope and outcome of will be in effect, (a matter at the Postal period, the responsible contracting the initial disagreement resolution Service’s discretion consistent with the officer’s management may help to attempt with the contracting officer, and circumstances); and resolve the disagreement. At the the remedy sought. The address of the (5) The supplier’s right to contest the conclusion of the ten-day resolution SDR Official is: Room 4130 (Attn: SDR decision. period, the contracting officer must Official), United States Postal Service (d) Contesting Decisions. If a person communicate, in writing, to the supplier Headquarters, 475 L’Enfant Plaza, SW., or organization believes the decision not his or her resolution of the Washington, DC 20260–4130. E-mail to accept or consider proposals is not disagreement. Address: [email protected]. Fax merited, it may contest the matter in (c) Alternative dispute resolution. Number: (202) 268–6234. accordance with § 601.108. The Postal Alternative dispute resolution (ADR) (d) Lodging timeframes. If a supplier Service may reconsider the matter and, procedures may be used, if agreed to by wishes the SDR Official to consider any if warranted, rescind or modify the all interested parties. The use of ADR to of the matters identified in § 601.108(a) decision to decline to accept or consider resolve the disagreement must be disagreements must be lodged with that proposals. considered, regardless of the nature of official within the following timeframes: the disagreement or when it occurred (1) Disagreements under § 601.107 not § 601.106 [Reserved] during the purchasing process. If the use resolved with the contracting officer must be lodged with the SDR Official § 601.107 Initial disagreement resolution. of ADR is agreed upon, the ten-day limitation is suspended; if the parties within twenty days after they were (a) Definitions. cannot reach an agreement under ADR, lodged with the contracting officer (1) Days. Calendar days; however, any the supplier has ten days to lodge its (unless ADR had been used to attempt time period will run until a day which disagreement with the SDR Official. to resolve them); is not a Saturday, Sunday, or legal (2) Disagreements under § 601.107 for holiday. § 601.108 SDR Official disagreement which ADR had been agreed to be used (2) Disagreements. All disputes, resolution. must be lodged with the SDR Official protests, claims, disagreements, or (a) General. From time to time, within ten days after the supplier knew demands of whatsoever nature arising in disagreements may arise between or was informed by the contracting connection with the acquisition of suppliers, potential suppliers, and the officer or otherwise that the matter was property and services within the scope Postal Service regarding awards of not resolved; of § 601.103, above, except those: contracts and related matters that are (3) Disagreements under § 601.107 (i) That arise pursuant to a contract not resolved as set forth in § 601.107 resolved by the contracting officer as to under the Contract Disputes Act under above. If a disagreement under § 601.107 which the supplier is unhappy with the § 601.109; is not resolved within ten days after it resolution must be lodged with the SDR (ii) That concern debarment, was lodged with the contracting officer, Official within ten days after the suspension, or ineligibility under if the use of ADR fails to resolve it at supplier first receives notification of the § 601.113; or any time, or if the supplier is not contracting officer’s resolution; and (iii) That arise out of the non-renewal satisfied with the contracting officer’s (4) Contests of decisions under of transportation contracts containing resolution of the disagreement, or if the § 601.105 to decline to accept or other provisions for the review of such decision not to accept or consider consider proposals must be lodged with decisions. proposals under § 601.105 is contested, the SDR Official within ten days of the (3) Interested parties. Actual or the SDR Official is available to provide supplier’s receipt of the written notice prospective offerors whose direct final resolution of the matter. The Postal explaining the decision. economic interests would be affected by Service desires to resolve all such (5) The SDR Official may grant an the award of, or failure to award, the disagreements quickly and extension of time to lodge a contract. inexpensively in keeping with the disagreement or to provide supporting (4) Lodge. A disagreement is lodged regulations in this part. In resolving information when warranted. Any on the date it is received by the disagreements, non-Postal Service request for an extension must set forth Contracting Officer or the Supplier procurement rules or regulations will the reasons for the request, be made in Disagreement Resolution Official, as not govern. writing, and be delivered to the SDR appropriate. (b) Scope and applicability. In order Official on or before the time to lodge (5) SDR Official. The Supplier to resolve expeditiously disagreements a disagreement lapses. Disagreement Resolution Official, an that are not resolved at the responsible (e) Decision process. The SDR Official individual designated by the Postal contracting officer level, to reduce will promptly provide a copy of a Service to perform the functions litigation expenses, inconvenience, and disagreement to the contracting officer, established under § 601.108. other costs for all parties, and to who will promptly notify other (b) Policy. It is the policy of the Postal facilitate successful business interested parties. The SDR Official will Service and in the interest of its relationships with Postal Service consider a disagreement and any suppliers to resolve disagreements by suppliers, the supplier community, and response by other interested parties and mutual agreement between the supplier other persons, the following procedure appropriate Postal Service officials and the responsible contracting officer. is established as the sole and exclusive within a time frame established by the All disagreements arising in connection means to resolve disagreements. All SDR Official. The SDR Official may also with the purchasing process must be disagreements will be lodged with and meet individually or jointly with the lodged with the responsible contracting resolved, with finality, by the SDR person or organization lodging the officer in writing via facsimile, e-mail, Official under and in accordance with disagreement, other interested parties, hand delivery, or U.S. Mail, within ten the sole and exclusive procedure and/or Postal Service officials, and may days of the date the supplier received established in this section. undertake other activities in order to notification of award or ten days from (c) Lodging a disagreement. The obtain materials, information, or advice the date the supplier received a disagreement must be lodged in writing that may help to resolve the debriefing. During the supplier- and must state the factual circumstances disagreement. The person or

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organization lodging the disagreement, disagreements prior to bringing a (ii) Claims involving fraud. other interested parties, or Postal contract claim or dispute under this (2) Contracting officer’s decision. The Service officials must promptly provide part. contracting officer must review the facts all relevant, nonprivileged materials and (b) Policy. It is the Postal Service’s pertinent to the claim, and may obtain other information requested by the SDR intent to resolve contractual claims and assistance from assigned counsel and Official. If a submission contains trade disputes by mutual agreement at the other advisors, and issue a final secrets or other confidential level of an authorized contracting officer decision in writing. The decision must information, it should be accompanied whenever possible. In addition, the include a description of the claim or by a copy of the submission from which Postal Service supports and encourages dispute with references to the pertinent the confidential matter has been the use of alternative dispute resolution contract provisions, a statement of the redacted. The SDR Official will as an effective way to understand, factual areas of agreement and determine whether any redactions are address, and resolve conflicts with disagreement, and a statement of the appropriate and will be solely suppliers. Efforts to resolve differences contracting officer’s decision with responsible for determining the should be made before the issuance of supporting rationale. treatment of any redacted materials. a final decision on a claim, and even (3) Insufficient information. When the After obtaining such information, when the supplier does not agree to use contracting officer cannot issue a materials, and advice as may be needed, ADR, the contracting officer should decision because the supplier has not the SDR Official will promptly issue a consider holding informal discussions provided sufficient information, the written decision resolving the between the parties in order to resolve contracting officer may request the disagreement and will deliver the the conflict before the issuance of a final required information. Further failure to decision to the person or organization decision. provide the requested information is an lodging the disagreement, other (c) Supplier claim initiation. Supplier adequate reason to deny the claim. interested parties, and appropriate claims must be submitted in writing to (4) Furnishing Decisions. The Postal Service officials. the contracting officer for final decision. contracting officer must furnish a copy (f) Guidance. In considering and in The contracting officer must document of the decision to the supplier by resolving a disagreement, the SDR the contract file with evidence of the Certified MailTM, return receipt Official will be guided by the date of receipt of any submission that requested, or by any other method that regulations contained in this part and the contracting officer determines is a provides evidence of receipt. all applicable public laws enacted by claim. Supplier claims must be (5) Decisions on claims for $100,000 Congress. Non-Postal Service submitted within 6 years after accrual of or less. If the supplier has asked for a procurement rules or regulations and a claim unless the parties agreed to a decision within sixty days, the revoked Postal Service regulations will shorter time period. The 6-year time contracting officer must issue a final not apply or be taken into account in period does not apply to contracts decision on a claim of $100,000 or less resolving disagreements. Failure of any awarded prior to October 1, 1995. within sixty calendar days of its receipt. party to provide requested information (d) Postal Service claim initiation. The supplier may consider the may be taken into account by the SDR The contracting officer must issue a contracting officer’s failure to issue a Official in the decision. written decision on any Postal Service decision within the applicable time (g) Binding decision. A decision of the claim against a supplier, within six period as a denial of its claim, and may SDR Official will be final and binding years after accrual of a claim, unless the file a suit or appeal on the claim. on the person or organization lodging parties agreed in writing to a shorter (6) Decisions on certified claims. For the disagreement, other interested time period. The 6-year time period certified claims over $100,000, the parties, and the Postal Service. does not apply to contracts awarded contracting officer must either issue a However, the person or organization prior to October 1, 1995, or to a Postal final decision within sixty days of their that lodged the disagreement or another Service claim based on a supplier claim receipt or notify the supplier within the interested person may appeal the involving fraud. 60-day period of the time when a decision of the SDR Official to a federal (e) Certified claims. Each supplier decision will be issued. The time period court with jurisdiction over such claims, claim exceeding $100,000 must be established must be reasonable, taking but only on the grounds that the accompanied by a certification in into account the size and complexity of decision was procured by fraud or other accordance with the supplier’s contract. the claim, the adequacy of the supplier’s criminal misconduct, or was obtained in (f) Misrepresentation or fraud. When supporting data, and any other relevant violation of the regulations contained in the contracting officer determines that factors. this part or an applicable public law the supplier is unable to support any (7) Wording of decisions. The enacted by Congress. part of the claim and there is evidence contracting officer’s final decision must (h) Resolution timeframe. It is or reason to believe the inability is contain the following paragraph: ‘‘This intended that this procedure generally attributable to either misrepresentation is the final decision of the contracting will resolve disagreements within of fact or fraud on the supplier’s part, officer pursuant to the Contract Disputes approximately thirty days after the the contracting officer must deny that Act of 1978 and the clause of your receipt of the disagreement by the SDR part of the claim and refer the matter to contract entitled Claims and Disputes. Official. The time may be shortened or the Office of Inspector General. You may appeal this decision to the lengthened depending on the (g) Decision and appeal—(1) Postal Service Board of Contract complexity of the issues and other Contracting officer’s authority. A Appeals by mailing or otherwise relevant considerations. contracting officer is authorized to furnishing written notice (preferably in decide or settle all claims arising under triplicate) to the contracting officer § 601.109 Contract claims and disputes. or relating to a contract subject to the within ninety days from the date you (a) General. This section implements Contract Disputes Act, except for: receive this decision. The notice should the Contract Disputes Act of 1978, as (i) Claims or disputes for penalties or identify the contract by number, amended (41 U.S.C. 601–613). If ADR is forfeitures prescribed by statutes or reference this decision, and indicate used, the SDR official may serve as a regulation that a Federal agency that an appeal is intended. mediator for contract performance administers; or Alternatively, you may bring an action

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directly in the United States Court of negotiation, a final decision of the (4) Indictment. Indictment for a Federal Claims within twelve months contracting officer must be issued if criminal offense. An information or from the date you receive this decision.’’ agreement is not reached promptly. other filing by competent authority (8) Additional wording for decisions charging a criminal offense is given the of $50,000 or less. When the claim or § 601.111 Interest on claim amounts. same effect as an indictment. claims denied total $50,000 or less, the Interest on the amount found due on (5) Ineligible. An exclusion from contracting officer must add the the supplier’s claim must be paid from contracting and subcontracting by an following to the paragraph: ‘‘In taking the date the contracting officer received entity other than the Postal Service an appeal to the Board of Contract the claim (properly certified, if required) under statutes, executive orders, or Appeals, you may include in your or from the date payment would regulations, such as the Davis-Bacon notice of appeal an election to proceed otherwise be due, if that date is later, Act, the Service Contract Act, the Equal under the Board’s small claims until the date of payment. Simple Employment Opportunity Acts, the (expedited) procedure, which provides interest will be paid at the rate Walsh-Healy Public Contracts Act, or for a decision within approximately 120 established by the Secretary of the the Environmental Protection Acts and days, or an election to proceed under Treasury for each 6-month period in related regulations or executive orders, the Board’s accelerated procedure, which the claim is pending. Information to which the Postal Service is subject or which provides for a decision within on the rate at which interest is payable has adopted as a matter of policy. approximately 180 days. If you do not is announced periodically in the Postal (6) Suspension. An exclusion from make an election in the notice of appeal, Bulletin. contracting and subcontracting for a you may do so by written notice reasonable period of time due to § 601.112 Review of adverse decisions. anytime thereafter.’’ specified reasons or the pendency of a (9) Additional wording for decisions Any party may seek review of an debarment proceeding. over $50,000 up to $100,000. When the adverse decision of the Board of (7) Supplier. For the purposes of this claim or claims denied total $100,000 or Contract Appeals in the Court of part, a supplier is any individual, less, but more than $50,000, the Appeals for the Federal Circuit or in any person, or other legal entity that: contracting officer must add the other appropriate forum. (i) Directly or indirectly (e.g., through following to the paragraph: ‘‘In taking an affiliate) submits offers for, is an appeal to the Board of Contract § 601.113 Debarment, suspension, and ineligibility. awarded, or reasonably may be expected Appeals, you may include in your to submit offers for or be awarded, a notice of appeal an election to proceed (a) General. Except as provided Postal Service contract, including a under the Board’s accelerated otherwise in this part, contracting contract for carriage under Postal procedure, which provides for a officers may not solicit proposals from, Service or commercial bills of lading, or decision within approximately 180 award contracts to, or, when a contract a subcontract under a Postal Service days. If you do not make an election in provides for such consent, consent to contract; or the notice of appeal, you may do so by subcontracts with debarred, suspended, (ii) Conducts business or reasonably written notice anytime thereafter.’’ or ineligible suppliers. may be expected to conduct business (10) Information and resources. (b) Definitions—(1) Affiliate. A with the Postal Service as a Contracting officers must have sufficient business, organization, person, or subcontractor, an agent, or as a information available at the time a final individual connected by the fact that representative of another supplier. decision is issued on a claim so one controls or has the power to control (c) Establishment and maintenance of resolution of an appeal within the the other or by the fact that a third party lists—(1) The vice president, Supply period set for an expedited disposition controls or has the power to control Management will establish, maintain, will not be delayed. Once an appeal is both. Indications of control include, but and make available a list of suppliers docketed, and expedited disposition is are not limited to, interlocking debarred or suspended by the Postal elected, contracting officers must devote management or ownership, identity of Service to contracting officers. sufficient resources to the appeal to interests among family members, shared (2) The General Services ensure the schedule for resolution is facilities and equipment, contractual Administration (GSA) compiles and met. Nothing in this part precludes an relationships, common use of maintains a consolidated list of all effort by the parties to settle a employees, or a business entity persons and entities debarred, controversy after an appeal has been organized following the debarment, suspended, proposed for debarment, or filed, although such efforts to settle the suspension, or proposed debarment of a declared ineligible by Federal agencies controversy will not suspend processing supplier which has the same or similar or the Government Accountability the appeal, unless the Board of Contract management, ownership, or principal Office. GSA posts the list on the Appeals so directs. employees as the supplier that was Internet. debarred, suspended, or proposed for (3) The vice president, Supply § 601.110 Payment of claims. debarment. Franchise agreements are Management will notify the GSA of any Any claim amount determined in a not conclusive evidence of affiliation if Postal Service debarment, suspension, final decision to be payable, less any the franchisee has a right to profit in and change in the status of suppliers, portion previously paid, should be proportion to its ownership and bears including any of their affiliates, on the promptly paid to the supplier without the risk of loss or failure. Postal Service list. prejudice to either party in the event of (2) Debarment. An exclusion from (d) Treatment of suppliers on Postal appeal or action on the claim. In the contracting and subcontracting for a Service or GSA lists. absence of appeal by the Postal Service, reasonable, specified period of time (1) Contracting officers will review a board or court decision favorable in commensurate with the seriousness of the Postal Service and GSA lists before whole or in part to the supplier must be the offense, failure, or inadequacy of making a contract award. implemented promptly. In cases when performance. (2) Suppliers on the Postal Service list only the question of entitlement has (3) General Counsel. This includes the are excluded from receiving contracts been decided and the matter of amount General Counsel’s authorized and subcontracts, and contracting has been remanded to the parties for representative. officers may not solicit proposals or

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quotations from, award contracts to, or, contract), except with the approval of or she is or has been connected when an when a contract provides for such the vice president, Supply Management, impropriety was committed. Likewise, consent, consent to subcontracts with or designee. when a firm is involved in criminal, such suppliers, unless the vice (e) Causes for debarment—(1) The fraudulent, or other improper conduct, president, Supply Management, or his vice president, Supply Management, any person who participated in, knew or her designee, after consultation with with the concurrence of the General of, or had reason to know of the the General Counsel, has approved such Counsel, may debar a supplier, impropriety may be debarred. action. Suppliers on the Postal Service including its affiliates, for cause such as (5) The fraudulent, criminal, or other list may not provide goods or services the following: improper conduct of one supplier to other persons or entities for resale, in (i) Conviction of a criminal offense participating in a joint venture or whole or part, to the Postal Service and incidental to obtaining or attempting to similar arrangement may be imputed to such other persons or entities are obtain contracts or subcontracts, or in other participating suppliers if the obligated to review the consolidated the performance of a contract or conduct occurred for or on behalf of the GSA list in order to exclude suppliers subcontract. joint venture or similar arrangement, or debarred or suspended by the Postal (ii) Conviction under a Federal with the knowledge, approval, or Service from performing any part of a antitrust statute arising out of the acquiescence of the supplier. Postal Service contract. submission of bids or proposals. Acceptance of the benefits derived from (3) Suppliers on the GSA list are (iii) Commission of embezzlement, the conduct will be evidence of such assigned a code by GSA which is related theft, forgery, bribery, falsification or knowledge, approval, or acquiescence. to the basis of ineligibility. The vice destruction of records, making false (f) Mitigating factors—(1) The president, Supply Management statements, tax evasion, or receiving existence of any cause for debarment maintains a table describing the Postal stolen property. does not necessarily require that a Service treatment assigned to each code. (iv) Violation of a Postal Service supplier be debarred. The decision to Suppliers on the GSA list who are contract so serious as to justify debar is within the discretion of the vice coded as ineligible are excluded from debarment, such as willful failure to president, Supply Management, with receiving contracts and subcontracts, perform a Postal Service contract in the concurrence of the General Counsel, and contracting officers may not solicit accordance with the specifications or and must be made in the best interest of proposals or quotations from, award within the time limit(s) provided in the the Postal Service. The following factors contracts to, or, when the contract contract; a record of failure to perform may be assessed in determining the provides for such consent, consent to or of unsatisfactory performance in seriousness of the offense, failure, or subcontracts with such suppliers, unless accordance with the terms of one or inadequacy of performance, and may be the vice president, Supply Management, more Postal Service contracts occurring taken into account in deciding whether or designee, after consultation with the within a reasonable period of time debarment is warranted: General Counsel, has approved such preceding the determination to debar (i) Whether the supplier had action. Suppliers on the GSA list may (except that failure to perform or established written standards of conduct not provide goods or services to other unsatisfactory performance caused by and had published internal control persons or entities for resale, in whole acts beyond the control of the supplier systems at the time of the activity that or part, to the Postal Service, and such may not be considered a basis for constitutes cause for debarment or had other persons or entities are obligated to debarment); violation of a contractual adopted such procedures prior to any review the consolidated GSA list in provision against contingent fees; or Postal Service investigation of the order to exclude debarred or suspended acceptance of a contingent fee paid in activity cited as a cause for debarment. suppliers from performing any part of a violation of a contractual provision (ii) Whether the supplier brought the Postal Service contract. against contingent fees. activity cited as a cause for debarment (4) Suppliers on the GSA list are (v) Any other offense indicating a lack to the attention of the Postal Service in assigned codes for which the table of business integrity or business a prompt, timely manner. provides other Postal Service guidance, honesty. (iii) Whether the supplier promptly and are considered according to that (vi) Any other cause of a serious and and fully investigated the circumstances guidance. When so indicated on the compelling nature that debarment is involving debarment and, if so, made table, contracting officers must obtain warranted. the full results of the investigation additional information from the entity (2) The existence of a conviction in available to appropriate officials of the responsible for establishing the paragraph (e)(1)(i) or (ii) of this section Postal Service. supplier’s ineligibility, if such can be established by proof of a (iv) Whether the supplier cooperated information is available. conviction in a court of competent fully with the Postal Service during its (5) The debarment, suspension, or jurisdiction. If appeal taken from such investigation into the matter. ineligibility of a supplier does not, of conviction results in a reversal of the (v) Whether the supplier paid or itself, affect the rights and obligations of conviction, the debarment may be agreed to pay all criminal, civil, and the parties to any valid, pre-existing removed upon the request of the administrative liability and other costs contract. The Postal Service may supplier, unless another cause or arising out of the improper activity, terminate for default a contract with a another basis for debarment exists. including any investigative or supplier that is debarred, suspended, or (3) The existence of any of the other administrative costs incurred by the determined to be ineligible. Contracting causes in paragraphs (e)(1)(iii), (iv),(v), Postal Service, and made or agreed to officers may not add new work to any or (vi) of this section can be established make full restitution. contract with a supplier that is by a preponderance of the evidence, (vi) Whether the supplier took debarred, suspended, or determined to either direct or indirect, in the judgment appropriate disciplinary action against be ineligible by supplemental of the vice president of Supply the individual(s) responsible for the agreement, by exercise of an option, or Management. activity that could cause debarment. otherwise (unless the work is classified (4) The criminal, fraudulent, or (vii) Whether the supplier as an insignificant or significant minor improper conduct of an individual may implemented and/or agreed to service change to a mail transportation be imputed to the firm with which he implement remedial measures,

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including those identified by the Postal (h) Procedural requirements for information, or argument to the vice Service. debarment—(1) After securing the president, Supply Management, and to (viii) Whether the supplier instituted concurrence of the General Counsel, the explain why debarment by the Postal and/or agreed to institute new and/or vice president, Supply Management will Service should not be imposed. revised review and control procedures initiate a debarment proceeding by (4) Questions of fact to be resolved by and ethics programs. sending the supplier a written notice of a hearing before the Judicial Officer will (ix) Whether the supplier had proposed debarment. The notice will be be based on the preponderance of the adequate time to eliminate served by sending it to the last known evidence. circumstances within the supplier’s address of the supplier by Certified (5) After consideration of the organization that could lead to Mail, return receipt requested. A copy of circumstances and any information and debarment. the notice will be furnished to the Office argument submitted by the supplier, the (x) Whether the supplier’s senior of Inspector General. The notice will vice president, Supply Management, officers and mid-level management state that debarment is being with the concurrence of the General recognize and understand the considered; the reason(s) for the Counsel, will issue a written decision seriousness of the misconduct giving proposed debarment; the anticipated regarding whether the supplier is rise to debarment. period of debarment and the proposed debarred, and, if so, for the period of (2) The existence or nonexistence of effective date; and that, within thirty debarment. The decision will be mailed mitigating factors or remedial measures days of the notice, the supplier may to the supplier by Certified Mail, return such as those above is not determinative submit, in person or in writing, or receipt requested. A copy of the whether or not a supplier should be through a representative, information decision will be furnished to the Office debarred. If a cause for debarment and argument in opposition to the of the Inspector General. The decision exists, the supplier has the burden of proposed debarment. In the event a will be final and binding, unless the demonstrating, to the satisfaction of the supplier does not submit information or decision was procured by fraud or other vice president, Supply Management that argument in opposition to the proposed criminal misconduct, or the decision debarment is not warranted or debarment to the vice president, Supply was obtained in violation of the necessary. Management within the time allowed, regulations contained in this part or an (g) Period of debarment—(1) When an the debarment will become final with applicable public law enacted by applicable statute, executive order, or no further review or appeal. Congress. controlling regulation of other agencies (2) If the proposed debarment is based (i) Causes for suspension. The vice provides a specific period of debarment, on a conviction or civil judgment, the president, Supply Management, may that period applies. In other cases, vice president, Supply Management, suspend any supplier, including any of debarment by the Postal Service should with the concurrence of the General its affiliates: be for a reasonable, definite, stated Counsel, may decide whether (1) If the supplier commits, is indicted period of time, commensurate with the debarment is merited based on the for, or is convicted of fraud or a criminal seriousness of the offense or the failure conviction or judgment, including any offense incidental to obtaining, or inadequacy of performance. information received from the supplier. attempting to obtain, or performing a Generally, a period of debarment should If the debarment is based on other government contract, violates a Federal not exceed three years. When debarment circumstances or if there are questions antitrust statute arising out of the for an additional period is deemed regarding material facts, the vice submission of bids and proposals, or necessary, notice of the proposed president, Supply Management may commits or engages in embezzlement, additional period of debarment must be seek additional information from the theft, forgery, bribery, falsification or furnished to the supplier as in the case supplier and/or other persons, and may destruction of records, or receipt of of original debarment. request the Judicial Officer to hold a stolen property, or any other offense (2) Except as precluded by an fact-finding hearing on such matters. indicating a lack of business integrity or applicable statute, executive order, or The hearing will be governed by rules business honesty; controlling regulation of another agency, of procedure promulgated by the (2) For any other cause of such serious debarment may be removed or the Judicial Officer. The vice president, and compelling nature that suspension period may be reduced by the vice Supply Management may reject any is warranted; or president, Supply Management when findings of fact, in whole or in part, (3) If the Postal Service has notified a requested by the debarred supplier and when they are clearly erroneous. supplier of its proposed debarment when the request is supported by a (3) When the vice president, Supply under this Part. reasonable justification, such as newly Management proposes to debar a (j) Period of suspension. A suspension discovered material evidence, reversal supplier already debarred by another will not exceed one year in duration, of a conviction, bona fide change of government agency for a period except a suspension may be extended ownership or management, or the concurrent with such debarment, the for reasonable periods of time beyond elimination of the causes for which debarment proceedings before the Postal one year by the vice president, Supply debarment was imposed. The vice Service may be based entirely upon the Management. The termination of a president, Supply Management may, at record of evidence, facts, and suspension will not prejudice the Postal his or her discretion, deny any request proceedings before the other agency, Service’s position in any debarment or refer it to the Judicial Officer for a upon any additional facts the Postal proceeding. A suspension will be hearing and for findings of fact, which Service deems relevant, or on the superseded by a decision rendered by the vice president, Supply Management decision of another government agency. the vice president, Supply Management, will consider when deciding the matter. In such cases, the findings of facts by under paragraph (h)(5) of this section. When a debarment is removed or the another government agency may be (k) Procedural requirements for debarment period is reduced, the vice considered as established, but, within suspension—(1) The vice president, president, Supply Management must thirty days of the notice of proposed Supply Management will notify a state in writing the reason(s) for the debarment, the supplier may submit, in supplier of a suspension or an extension removal of the debarment or the person or in writing, or through a of a suspension and the reason(s) for the reduction of the period of debarment. representative, any additional facts, suspension or extension in writing sent

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to the supplier by Certified Mail, return DATES: This final rule is effective three daily bag limits for a trip occurring receipt requested, within ten days after November 14, 2007. over multiple, consecutive days. the effective date of the suspension or ADDRESSES: Rodney R. McInnis, California State regulations also allow extension. A copy of the notice will be Regional Administrator, Southwest for two or more persons angling for furnished to the Office of the Inspector Region, NMFS, 501 West Ocean Blvd., finfish aboard a vessel in ocean waters General. Suite 4200, Long Beach, CA 90802 4213. off California to continue fishing until (2) The notice will state the cause(s) FOR FURTHER INFORMATION CONTACT: boat limits are reached. NMFS and the for the suspension or extension. Craig Heberer, Sustainable Fisheries Council consider these additional state (3) Within thirty days of notice of Division, NMFS, 760–431–9440, ext. restrictions to be consistent with suspension or an extension, a supplier 303. Federal regulations implementing the may submit to the vice president, HMS FMP, including this final rule. The SUPPLEMENTARY INFORMATION: On April Supply Management, in writing, any final rule has been modified to clarify 7, 2004, NMFS published a final rule to information or reason(s) the supplier that recreational fisherman are generally implement the HMS FMP (69 FR 18444) believes makes a suspension or an subject to the same daily bag limits (10 that codified annual specification extension inappropriate, and the vice or 25 albacore tuna south or north of guidelines at 50 CFR 660.709. These Point Conception; 10 bluefin tuna off president, Supply Management, in guidelines establish a process for the consultation with the General Counsel, California) regardless of the number of Pacific Fishery Management Council days a fishing trip lasts unless operating will consider the supplier’s submission, (Council) to take final action at its and, in their discretion, may revoke a under a California multi-day possession regularly-scheduled November meeting permit, in which case the daily bag suspension or an extension of a on any necessary harvest guideline, suspension. If a suspension or extension limits may be multiplied pursuant to the quota, or other management measure restrictions of that program. Language is revoked, the revocation will be in and recommend any such action to writing and a copy of the revocation has also been added to the final rule to NMFS. At their November 12–17, 2006, clarify that a fisherman must comply will be sent to the supplier by Certified meeting, the Council adopted a Mail, return receipt requested. A copy of with the most strict bag limit applicable recommendation to establish daily bag to all areas fished during a given trip the revocation will be furnished to the limits for sport-caught albacore and Office of the Inspector General. (e.g., if any part of a fishing trip takes bluefin tuna harvested in the EEZ off of place in the EEZ south of Point Stanley F. Mires, California as a routine management Conception, the 10–albacore bag limit Chief Counsel, Legislative. measure for the 2007–2009 biennial applies even if the port of departure and [FR Doc. E7–20267 Filed 10–12–07; 8:45 am] management cycle. Based in part on the landing or fishing takes place north of Council’s recommendation, NMFS BILLING CODE 7710–12–P Point Conception). published a proposed rule on June 27, The designation of paragraphs in 50 2007, to establish daily bag limits for CFR 660.721 has been revised from the albacore and bluefin tuna harvested by DEPARTMENT OF COMMERCE proposed rule to reduce complexity and recreational fishing in the U.S. EEZ off make the regulations easier to read. National Oceanic and Atmospheric the coast of California (72 FR 35213). This final rule will stay in effect until NMFS is implementing this final rule Administration such time as the Council and/or NMFS pursuant to procedures established at 50 proposes further modifications as part of CFR 660.709(a)(4) of the implementing 50 CFR Part 660 the HMS FMP biennial management regulations for the HMS FMP. This final cycle process. The State of California [Docket No. 0612243162–7541–02; I.D. rule establishes a daily bag limit of 10 has informed NMFS that it intends to 032607A] albacore tuna harvested by recreational implement companion regulations to fishing in the U.S. EEZ south of Point RIN 0648–AU77 impose daily albacore and bluefin bag Conception (34° 27′ N. latitude) to the limits applicable to recreational angling Fisheries Off West Coast States; U.S.-Mexico border and a daily bag limit and possession of fish in state waters Highly Migratory Species Fisheries of 25 albacore tuna harvested by (0–3 nm). recreational fishing in the U.S. EEZ AGENCY: National Marine Fisheries north of Point Conception to the Comments and Responses Service (NMFS), National Oceanic and California-Oregon border. This rule also During the comment period for the Atmospheric Administration (NOAA), establishes a daily bag limit of 10 proposed rule, NMFS received two Commerce. bluefin tuna harvested by recreational comments. ACTION: Final rule. fishing in the U.S. EEZ off the entire Comment 1: The Science and Policy California coast. The two bag limits for Coordinator for the Tag-A-Giant SUMMARY: NMFS issues a final rule to albacore tuna are intended to Foundation wrote in support of the implement daily bag limits for sport- accommodate differences in fishing proposed rule to implement a bag limit caught albacore tuna (Thunnus opportunity in the two regions south for Pacific bluefin tuna off the California alalunga) and bluefin tuna (Thunnus and north of Point Conception. The 25 coast but requested that NMFS reduce orientalis) in the Exclusive Economic fish albacore tuna bag limit north of the bag limit from the proposed 10 fish Zone (EEZ) off California under the Point Conception is consistent with the per day to six fish per day. The stated Fishery Management Plan for U.S. West current albacore tuna bag limit rationale for the reduced daily bag limit Coast Fisheries for Highly Migratory established by the State of Oregon for request was to prevent expansion of the Species (HMS FMP). This final rule is recreational fisheries in its waters and recreational fishery and potential implemented as a conservation measure recognizes the more frequent weather- overfishing that could result. The as part of the 2007–2009 biennial related loss of fishing opportunity in Coordinator also requested the daily bag management cycle as established in the these waters compared to waters south limit be consistently applied in federal HMS FMP Framework provisions for of Point Conception. waters off the coasts of Oregon and changes to routine management California State regulations allow, by Washington as well given the measures. special permit, the retention of up to documented presence of bluefin tuna in

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these waters, particularly during El this certification. As a result, a (2) Twenty-five albacore tuna if any Nino years. regulatory flexibility analysis was not part of the fishing trip occurs in the U.S. Response: Establishing a six fish per required and none was prepared. EEZ north of a line running due west day bag limit is unnecessary given the true from 34°27′ N. latitude (at Point List of Subjects in 50 CFR Part 660 very minor catch of bluefin tuna in the Conception, Santa Barbara County) to recreational fisheries of all three West Fisheries, Fishing, Reporting and the California-Oregon border. Coast states. Based on the best available recordkeeping requirements. (b) Bluefin Tuna Daily Bag Limit. A science, bluefin tuna populations in the Dated: October 9, 2007. recreational fisherman may take or North Pacific Ocean (NPO) are not John Oliver, retain no more than 10 bluefin tuna in experiencing overfishing nor are they Deputy Assistant Administrator for the U.S. EEZ off the coast of California. overfished. NMFS is involved in Operations, National Marine Fisheries (c) Possession Limits. If the State of cooperative research and monitoring Service. California requires a multi-day efforts for the NPO populations of I For the reasons set out in the possession permit for albacore or bluefin tuna and will, in conjunction preamble, 50 CFR part 660 is amended bluefin tuna harvested by a recreational with the Pacific Council, take necessary as follows: fishing vessel and landed in California, steps in the future to implement aggregating daily trip limits for multi- appropriate conservation measures if PART 660—FISHERIES OFF THE WEST day trips would be deemed consistent warranted, including the potential for COAST STATES with Federal law. additional regulations to address both (d) Boat Limits Off the coast of I 1. The authority citation for part 660 commercial and recreational fisheries California, boat limits apply, whereby continues to read as follows: impacts. In a similar vein, expanding each fisherman aboard a vessel may the daily bluefin tuna bag limit to all Authority: 16 U.S.C. 1801 et seq. continue to use recreational angling gear three West Coast states is unnecessary I 2. A new paragraph (qq) is added to until the combined daily limits of HMS based on the limited window of section 660.705 to read as follows: for all licensed and juvenile anglers recreational catch and effort of bluefin § 660.705 Prohibitions. aboard has been attained (additional tuna in Federal waters off Oregon and state restrictions on boat limits may Washington. * * * * * apply). Unless otherwise prohibited, (qq) Take and retain, possess on Comment 2: The Manager of the when two or more persons are angling board, or land, fish in excess of any bag Marine Resources Program for the for HMS species aboard a vessel in the limit specified in § 660.721. Oregon Department of Fish and Wildlife EEZ, fishing may continue until boat I wrote in support of the proposed rule 3. Subpart K is amended by adding a limits are reached. stating that the dual limit for tuna off new section 660.721 to read as follows: [FR Doc. E7–20225 Filed 10–12–07; 8:45 am] California would make the limit off northern California consistent with the § 660.721 Recreational fishing bag limits. BILLING CODE 3510–22–S limit off Oregon. This section applies to recreational fishing for HMS management unit Response: The current Oregon daily DEPARTMENT OF COMMERCE bag limit is an aggregate of 25 fish of species in the U.S. EEZ off the coast of offshore pelagic species, which includes California, Oregon, and Washington and National Oceanic and Atmospheric all the species of tunas found to occur in the adjacent high seas areas. In Administration in Oregon waters. NMFS hereby addition to individual fishermen, the implements daily bag limits that are operator of a vessel that fishes in the 50 CFR Part 665 geographically consistent thereby EEZ is responsible for ensuring that the facilitating more efficient and bag limits of this section are not [Docket No. 0612242929–7490–02] exceeded. The bag limits of this section enforceable regulations. RIN 0648–AT93 apply on the basis of each 24-hour Classification period at sea, regardless of the number Fisheries in the Western Pacific; The Administrator, Southwest Region, of trips per day. The provisions of this Precious Corals Fisheries NMFS, determined that the FMP section do not authorize any person to regulation is necessary for the take more than one daily bag limit of AGENCY: National Marine Fisheries conservation and management of the fishing during one calendar day. Federal Service (NMFS), National Oceanic and U.S. West Coast Fisheries for Highly recreational HMS regulations are not Atmospheric Administration (NOAA), Migratory Species and that it is intended to supersede any more Commerce. consistent with the Magnuson-Stevens restrictive state recreational HMS ACTION: Final rule. Fishery Conservation and Management regulations relating to federally- Act and other applicable laws. managed HMS. The bag limits include SUMMARY: Black coral resources in the This final rule has been determined to fish taken in both state and Federal Au’au Channel, Hawaii, have declined, be not significant for purposes of waters. possibly due to fishing pressure and an Executive Order 12866. (a) Albacore Tuna Daily Bag Limit. alien invasive soft coral. Current fishing The Chief Counsel for Regulation of Except pursuant to a multi-day regulations require minimum sizes for the Department of Commerce certified possession permit referenced in the harvest of living black coral colonies to the Chief Counsel for Advocacy of the paragraph (c) of this section, a of 48 inches (122 cm) in height or one Small Business Administration during recreational fisherman may take or inch (2.54 cm) in stem diameter. Current the proposed rule stage that this action retain no more than: regulations also exempt certain would not have a significant economic (1) Ten albacore tuna if any part of the fishermen from the minimum stem impact on a substantial number of small fishing trip occurs in the U.S. EEZ south diameter requirement, allowing the entities. The factual basis for the of a line running due west true from harvest of black coral with a smaller 3⁄4 certification was published in the 34°27′ N. latitude (at Point Conception, inch (1.91 cm) stem diameter by anyone proposed rule and is not repeated here. Santa Barbara County) to the U.S.- who had reported black coral harvests to No comments were received regarding Mexico border. the State of Hawaii within

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the five years prior to April 17, 2002. are currently permitted by the State of Classification This final rule removes that exemption Hawaii. Nonetheless, landings of black The Regional Administrator, NMFS to reduce the impacts of fishing on coral have increased over the past two Pacific Islands Region, determined that Au’Au Channel black coral resources. decades, and landings from 1999–2005 this regulatory amendment is necessary DATES: This final rule is effective were about 55,000 lb (25,000 kg), which for the conservation and management of November 14, 2007. is about 58 percent of the total catch the precious coral fishery and that it is ADDRESSES: Copies of the fishery since 1985. consistent with the Magnuson-Stevens management plan (FMP) and the Black coral biomass in the Au’Au Fishery Conservation and Management regulatory amendment may be obtained Channel decreased almost 25 percent Act and other applicable laws. from Kitty M. Simonds, Executive between 1976 and 2001. The causes of This final rule has been determined to Director, Western Pacific Fishery the reduction in biomass appear to be a be not significant for purposes of Management Council (Council), 1164 combination of fishing pressure and the Executive Order 12866. Bishop Street, Suite 1400, Honolulu, HI invasion of Carijoa riisei, an alien There are no recordkeeping or 96813, or via the World Wide Web at species of snowflake coral that smothers reporting requirements associated with www.wpcouncil.org. black coral colonies. The purpose of this this final rule. final rule is to reduce the impacts of FOR FURTHER INFORMATION CONTACT: Bob Consistent with section 604 of the fishing on black coral resources in Harman, NMFS PIR, (808) 944–2271. Regulatory Flexibility Act, NMFS Federal waters of the Au’Au Channel. SUPPLEMENTARY INFORMATION: prepared a final regulatory flexibility Surveys in 2006 suggest that the impact analysis (FRFA) for the regulatory Electronic Access of C. riisei has stabilized or even amendment, as described below. This Federal Register document is improved, and monitoring will NMFS prepared this FRFA for the also accessible via the World Wide Web continue. final rule. This FRFA incorporates the at the Office of the Federal Register: Current regulations at 50 CFR initial regulatory flexibility analysis www.gpoaccess.gov/fr/index.html. 665.86(b)(1) contain minimum size (IRFA). The Classification section in the requirements for the harvest of black proposed rule included a detailed Background coral colonies in the Exclusive summary of the analysis contained in The fishery for black coral in Federal Economic Zone (EEZ) around Hawaii. the IRFA, and that discussion is not waters around Hawaii is managed under Colonies must be 48 inches (122 cm) tall repeated in its entirety here. The need the Fishery Management Plan for or one inch (2.54 cm) in stem diameter. for and the objectives of the action are Precious Corals of the Western Pacific The stem measurement must be made explained in the preambles to the Region (FMP). The FMP was developed no closer than one inch (2.54 cm) from proposed rule and final rule, and are not by the Council under the authority of the top of the living holdfast. Current repeated here. No comments were the Magnuson-Stevens Fishery regulations also contain a provision at received on the IRFA, or on the Conservation and Management Act 50 CFR 665.86(b)(2) that exempts economic impacts of the proposed rule. (MSA). Regulations implementing the certain fishermen from the minimum There are three permitted vessels in FMP appear at subpart F of 50 CFR part stem diameter requirement, allowing the the fishery, but only two have reported 665 and subpart H of 50 CFR part 600. harvest of black coral with a 3⁄4 inch landings in Hawaii. These vessels are Black corals are slow-growing and (1.91 cm) stem diameter by anyone who considered to be small entities under have low rates of natural mortality and reported harvests to the State of Hawaii the Small Business Administration’s recruitment. Natural populations are within the five years prior to April 17, definition of a small entity, i.e., they are relatively stable and a wide range of age 2002. In response to concerns about the engaged in the business of fish classes is generally present. These life- declining black coral resource, the harvesting, are not independently- history characteristics (longevity and Council recommended that NMFS owned or operated, are not dominant in many year classes) have two important amend the regulations governing the their field of operation, and have consequences with respect to minimum size requirements for the average annual gross receipts not in exploitation: the response of the black coral fishery in Hawaii to remove excess of $4 million. There are no population to over-harvesting is drawn the stem diameter exemption. The disproportionate impacts between out over many years, and, because of the Council prepared a regulatory vessels participating in the fishery based longevity of individuals and the amendment that contains background on home port, vessel size, or gear type. associated slow rates of turnover in the information on the issue, biological and The preferred Alternative 3, which populations, a long period of reduced economic impact analyses, and would remove the exemption from fishing effort is required to restore the proposed regulatory changes. The minimum size requirements, and ability of the stock to produce at the revised regulations require that all Alternative 6, which would implement maximum sustainable yield (MSY) if a harvested living black coral have a stem a 5-year moratorium on black coral stock has been over-exploited for several diameter of one inch (2.54 cm) or a landings, would cause adverse years. height of 48 inches (122 cm). economic impacts to the three entities Since the harvesting of Hawaii black that comprise the current fishery Comments and Responses coral began in the late 1950s, generally because they would not be allowed to fewer than 10 fishermen have been On August 8, 2007, NMFS published harvest black coral in the way they are active in the fishery at any time. in the Federal Register a proposed rule now allowed under the current Participation has probably been limited (72 FR 44074). The public comment management regime, thus potentially by the relatively small market for black period ended on September 6, 2007. limiting their landings. coral in Hawaii, and by the dangers of NMFS received two public comments Because Federal waters account for fishing operations--harvesting is done generally supporting the proposed rule. approximately 15 percent of total by hand using scuba at depths as great landings, black coral harvesters would Changes to the Proposed Rule as 230 ft (70 m). Most of the catch comes be impacted by an estimated reduction from the Au’Au Channel, south of Maui. No changes to the proposed rule were of approximately 15 percent gross Three commercial black coral harvesters made in this final rule. receipts under Alternative 6, and could

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be impacted by as much as a 15 percent Dated: October 9, 2007. • Mail to: P.O. Box 21668, Juneau, AK reduction in gross receipts under the John Oliver, 99802; preferred Alternative 3. A 15 percent Deputy Assistant Administrator for • Hand delivery to the Federal reduction would occur only if all corals Operations, National Marine Fisheries Building, 709 West 9th Street, Room currently harvested in Federal waters Service. 420A, Juneau, Alaska; • are harvested under the base I For the reasons set out in the Electronic Submissions: Submit all requirement exemption. Otherwise, preamble, 50 CFR part 665 is amended electronic public comments via the gross receipt reductions of 0 to 15 as follows: Federal eRulemaking Portal http:// www.regulations.gov percent would occur under the • preferred alternative depending upon PART 665—FISHERIES IN THE FAX to 907–586–7557, Attn: Ellen WESTERN PACIFIC Sebastian the relative contribution of currently • Mail to the Federal Building, 709 exempted products to the overall I 1. The authority citation for part 665 West 9th Street, Room 420A, Juneau, harvest. Excluding the no-action continues to read as follows: Alaska Alternative 1, which represents no Authority: 16 U.S.C. 1801 et seq. • Instructions: All comments received change in net benefits to the affected I 2. In § 665.86, paragraph (b) is revised are a part of the public record and will small entities, all other alternatives to read as follows: generally be posted to http:// considered (and described in detail in www.regulations.gov without change. the IRFA accompanying the proposed § 665.86 Size restrictions. All Personal Identifying Information (for rule) could yield potential beneficial * * * * * example, name, address, etc.) impacts to the fishery because they (b) Black coral. Live black coral voluntarily submitted by the commenter eliminate certain size requirements for harvested from any precious coral may be publicly accessible. Do not black coral harvest. However, these permit area must have attained either a submit Confidential Business alternatives were not chosen since they minimum stem diameter of 1 inch (2.54 Information or otherwise sensitive or would not be consistent with the cm), or a minimum height of 48 inches protected information. objectives of the FMP and the MSA in (122 cm). NMFS will accept anonymous that they would weaken the regulatory [FR Doc. E7–20228 Filed 10–12–07; 8:45 am] comments. Attachments to electronic protection to black corals resources by BILLING CODE 3510–22–S comments will be accepted in Microsoft removing size restrictions. Word, Excel, WordPerfect, or Adobe PDF file formats only. Small Business Compliance Guide DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. Section 212 of the Small Business National Oceanic and Atmospheric Regulatory Enforcement Fairness Act of Administration SUPPLEMENTARY INFORMATION: NMFS 1996 states that, for each rule or group manages the groundfish fishery in the of related rules for which an agency is 50 CFR Part 679 GOA exclusive economic zone required to prepare a FRFA, the agency according to the Fishery Management [Docket No. 070213032–7032–01] shall publish one or more guides to Plan for Groundfish of the Gulf of assist small entities in complying with RIN 0648–XD33 Alaska Management Area (FMP) the rule, and shall designate such prepared by the North Pacific Fishery Management Council under authority of publications as ‘‘small entity Fisheries of the Economic Exclusive Zone Off Alaska; Trawl Gear in the Gulf the Magnuson-Stevens Fishery compliance guides.’’ The agency shall of Alaska Conservation and Management Act. explain the actions a small entity is Regulations governing fishing by U.S. required to take to comply with a rule AGENCY: National Marine Fisheries vessels in accordance with the FMP or group of rules. As part of this Service (NMFS), National Oceanic and appear at subpart H of 50 CFR part 600 rulemaking process, a letter to permit Atmospheric Administration (NOAA), and 50 CFR part 679. holders was prepared that also serves as Commerce. The 2007 Pacific halibut bycatch a small entity compliance guide, which ACTION: Temporary rule; modification of allowance specified for trawl gear in the will be sent to all holders of permits for a closure. GOA is 2,000 metric tons (mt) as the precious coral fishery. Copies of the established by the 2007 and 2008 small business compliance guide are SUMMARY: NMFS is opening directed harvest specifications for groundfish of available from William L. Robinson, fishing for groundfish by vessels using the GOA (72 FR 9676, March 5, 2007, NMFS Pacific Islands Region, 1601 trawl gear in the Gulf of Alaska (GOA), as corrected by 72 FR 13217, March 21, Kapiolani Blvd., Suite 1110, Honolulu, effective 1200 hrs, Alaska local time, 2007). HI 96814, or from the NMFS PIRO web October 10, 2007. This action is NMFS closed directed fishing for necessary to fully use the 2007 Pacific site www.fpir.noaa.gov. groundfish by vessels using trawl gear halibut prohibited species catch (PSC) in the GOA under § 679.21(d)(7)(i) on List of Subjects in 50 CFR Part 665 limit specified for vessels using trawl October 8, 2007 (published on October gear in the GOA. 11, 2007 in the Federal Register). As of Administrative practice and DATES: Effective 1200 hrs, Alaska local procedure, American Samoa, Fisheries, October 9, 2007, NMFS has determined time (A.l.t.), October 10, 2007, through that 330 metric tons of the 2007 Pacific Fishing, Guam, Hawaii, Hawaiian 2400 hrs, A.l.t., December 31, 2007. halibut bycatch allowance for the Natives, Northern Mariana Islands, Comments must be received at the fishery remains. Therefore, in Reporting and recordkeeping following address no later than 4:30 accordance with § 679.25(a)(1)(i), requirements. p.m., A.l.t., October 25, 2007. (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully ADDRESSES: You may submit comments, use the 2007 Pacific halibut PSC limit identified by ‘‘RIN 0648–XD33,’’ by any specified for vessels using trawl gear in one of the following methods: the GOA, NMFS is terminating the

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previous closure and is opening interest as it would prevent NMFS from Without this inseason adjustment, directed fishing for groundfish by responding to the most recent fisheries NMFS could not allow the fishery for vessels using trawl gear in the GOA, data in a timely fashion and would groundfish by vessels using trawl gear effective 1200 hrs, A.l.t., October 10, delay the opening of the groundfish in the GOA to be harvested in an 2007. fishery by vessels using trawl gear in the expedient manner and in accordance After the effective date of this closure GOA. Immediate notification is with the regulatory schedule. Under the maximum retainable amounts at necessary to allow for the orderly § 679.25(c)(2), interested persons are § 679.20(e) and (f) apply at any time conduct and efficient operation of this invited to submit written comments on during a trip. fishery, to allow the industry to plan for this action to the above address until the fishing season, and to avoid Classification October 25, 2007. potential disruption to the fishing fleet This action responds to the best and processors. NMFS was unable to This action is required by § 679.25 available information recently obtained publish a notice providing time for and is exempt from review under from the fishery. The Assistant public comment because the most Executive Order 12866. Administrator for Fisheries, NOAA recent, relevant data only became Authority: 16 U.S.C. 1801 et seq. (AA), finds good cause to waive the available as of October 9, 2007. requirement to provide prior notice and The AA also finds good cause to Dated: October 9, 2007. opportunity for public comment waive the 30-day delay in the effective Emily H. Menashes, pursuant to the authority set forth at 5 date of this action under 5 U.S.C. Acting Director, Office of Sustainable U.S.C. 553(b)(B) as such requirement is 553(d)(3). This finding is based upon Fisheries, National Marine Fisheries Service. impracticable and contrary to the public the reasons provided above for waiver of [FR Doc. 07–5066 Filed 10–10–07; 2:01 pm] interest. This requirement is prior notice and opportunity for public BILLING CODE 3510–22–S impracticable and contrary to the public comment.

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Proposed Rules Federal Register Vol. 72, No. 198

Monday, October 15, 2007

This section of the FEDERAL REGISTER provided by Public Law 109–229. These pay entitlements, compensatory time off contains notices to the public of the proposed proposed regulations help standardize for religious observances, hours of work issuance of rules and regulations. The and simplify leave programs and and alternative work schedules, and purpose of these notices is to give interested policies to support consolidating agency absence and leave (70 FR 1068). The persons an opportunity to participate in the human resources and payroll systems. rule making prior to the adoption of the final proposed regulations are available at rules. They are also part of OPM’s continuing http://frwebgate.access.gpo.gov/cgi-bin/ efforts to provide alternative methods getpage.cgi?dbname=2005_register& for agencies to assist their employees in position=all&page=1068. The 60-day OFFICE OF PERSONNEL the event of a pandemic health crisis or comment period ended on March 7, MANAGEMENT other major disasters or emergencies as 2005. We received two comments from declared by the President. Finally, the an agency and a labor union on the 5 CFR Part 630 emergency leave transfer regulations proposed rules for recrediting unused have been reorganized and renumbered RIN 3206–AL26 donated annual leave to donors under to aid in accessibility and enhance the emergency leave transfer program. Emergency Leave Transfer Program reader understanding. Currently, when a disaster or emergency affecting an emergency leave AGENCY: Office of Personnel Transfer of Leave From Agency Leave Management. Bank to Emergency Leave Transfer recipient is terminated, any annual Program leave donated to an emergency leave ACTION: Proposed rule with request for transfer program must be returned to the Section 6391(d) of title 5, United comments. emergency leave donors. The proposed States Code, permits a leave bank regulations would eliminate the SUMMARY: The Office of Personnel established under 5 U.S.C. 6362 to requirement to return unused leave to Management is issuing proposed donate annual leave to an emergency the donors if the number of hours of regulations to allow donated annual leave transfer program. OPM’s unused leave were less than the number leave in an agency’s voluntary leave regulations currently permit an agency’s of eligible donors. In effect, this would bank program to be transferred to an leave bank to donate annual leave, with emergency leave transfer program the concurrence of the agency’s leave eliminate the requirement to return a administered by another agency, revise bank board, to an emergency leave fraction of an hour of leave. The labor the rules for returning unused donated transfer program administered by the union felt that employees who donate annual leave to emergency leave donors, leave bank’s employing agency. In the leave for the specific purpose of helping and allow Judicial branch employees to aftermath of Hurricane Katrina, several another employee should have that donate and receive annual leave under agencies requested that we broaden this leave returned to them if unused. The an emergency leave transfer program. authority to allow an agency’s leave agency recommended returning leave on DATES: Comments must be received on bank to donate annual leave to an a prorated basis to employees who or before December 14, 2007. emergency leave transfer program donated more hours of leave instead of not returning any of the unused donated ADDRESSES: Send or deliver written administered by another agency. We annual leave when there are more comments to Jerome D. Mikowicz, believe a broader authority would have donors than hours remaining. Deputy Associate Director for Pay and provided an immediate benefit to Leave Administration, Rm. 7H31, 1900 employees adversely affected by We believe the proposed amendment E Street, NW., Washington, DC 20415– Hurricane Katrina and could benefit to eliminate the requirement to return 8200; by fax at (202) 606–0824; or by employees adversely affected by future unused leave to the donors if the e-mail to pay-performance- major disasters or emergencies. number of hours of unused leave is less [email protected]. Therefore, we propose adding a new than the number of eligible numbers is section 5 CFR 630.1104 to permit an consistent with OPM’s current FOR FURTHER INFORMATION CONTACT: agency’s leave bank to donate, with the regulations at 5 CFR 630.911 for Brenda Roberts, by telephone at (202) concurrence of the agency’s leave bank restoring transferred annual leave under 606–2858; by fax at (202) 606–0824; or board, donated annual leave to an the voluntary leave transfer program. by e-mail at pay-performance- emergency leave transfer program The amount of unused donated annual [email protected]. administered by another agency during leave returned to an employee would SUPPLEMENTARY INFORMATION: The Office a Governmentwide transfer of always be proportional to the amount of of Personnel Management (OPM) is emergency leave coordinated by OPM. annual leave donated to the emergency issuing proposed regulations to allow leave transfer program by the employer Procedures for Recrediting Unused donated annual leave in an agency’s for the emergency. Further, Donated Annual Leave to Emergency voluntary leave bank program to be standardizing the administrative Leave Donors transferred to an emergency leave procedures of the emergency leave transfer program administered by On January 5, 2005, to support the transfer program to be consistent with another agency, revise the rules for standardization of pay and leave the procedures for the voluntary leave returning unused donated annual leave policies under the e-Payroll initiative, transfer program would greatly simplify to emergency leave donors, and allow OPM issued a comprehensive package the administration of this program. Judicial branch employees to donate of proposed regulations to revise the However, we are inviting further and receive annual leave under an rules concerning the determination of comments on this proposed policy emergency leave transfer program, as official duty station for location-based change so we can fully consider all the

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relevant issues before adopting any 103–329, 108 Stat. 2423; 630.501 and subpart employees in other agencies who are changes in the final regulations. F also issued under E.O. 11228, 30 FR 7739, adversely affected by such disaster or 3 CFR, 1974 Comp., p. 163; subpart G also emergency. Participation of Judicial Branch issued under 5 U.S.C. 6305; subpart H also (b) Applicability. This subpart applies Employees in an Emergency Leave issued under 5 U.S.C. 6326; subpart I also to any individual who is defined as an Transfer Program issued under 5 U.S.C. 6332, Pub. L. 100–566, 102 Stat. 2834, and Pub. L. 103–103, 107 Stat. ‘‘employee’’ in 5 U.S.C. 6331(1) and Public Law 109–229, effective May 1022; subpart J also issued under 5 U.S.C. who is employed in— 31, 2006, amends 5 U.S.C. 6391 to 6362, Pub. L 100–566, and Pub. L. 103–103; (1) An Executive agency; or authorize OPM to provide for the subpart K also issued under Pub. L. 105–18, (2) The Judicial branch. participation of Judicial branch 111 Stat. 158; subpart L also issued under 5 (c) Administration. The head of each employees in any emergency leave U.S.C. 6387 and Pub. L. 103–3, 107 Stat. 23; agency having employees subject to this transfer program after consultation with and subpart M also issued under 5 U.S.C. subpart is responsible for the proper the Administrative Office of the United 6391 and Pub. L. 102–25, 105 Stat. 92. administration of this subpart. Each States Courts. In the event of a major 2. Part 630, subpart K is revised to Federal agency must establish and disaster or emergency, as declared by read as follows: administer procedures to permit the the President, that results in severe Subpart K—Emergency Leave Transfer voluntary transfer of annual leave adverse effects for a substantial number Program consistent with this subpart. of employees, the President may direct Sec. § 630.1102 Definitions. OPM to establish an emergency leave 630.1101 Purpose, applicability, and transfer program under which an administration. In this subpart: employee may donate unused annual 630.1102 Definitions. Agency means— leave for transfer to employees of his or 630.1103 Establishment of an emergency (1) An ‘‘Executive agency,’’ as defined her agency or to employees in other leave transfer program. in 5 U.S.C. 105; or agencies who are adversely affected by 630.1104 Donations from a leave bank to an (2) A Judicial branch entity. such disaster or emergency. After emergency leave transfer program. Disaster or emergency means a major consultation with the Administrative 630.1105 Application to become an disaster or emergency, as declared by emergency leave recipient. Office of the U.S. Courts, OPM is the President, that results in severe 630.1106 Approval of an application to adverse effects for a substantial number amending 5 CFR part 630, subpart K, to become an emergency leave recipient. allow for a Judicial branch entity to 630.1107 Notification of approval of an of employees (e.g., loss of life or participate in any emergency leave application. property, serious injury, or mental transfer program established by OPM 630.1108 Disapproval of an application to illness as a result of a direct threat to life under 5 U.S.C. 6391. become an emergency leave recipient. or health). 630.1109 Use of available paid leave. Emergency leave donor means a E.O. 12866, Regulatory Review 630.1110 Donating annual leave. current employee whose voluntary This rule has been reviewed by the 630.1111 Limitation on the amount of written request for transfer of annual Office of Management and Budget in annual leave donated by an emergency leave to an emergency leave transfer accordance with E.O. 12866. leave donor. program is approved by his or her 630.1112 Limitation on the amount of employing agency. Regulatory Flexibility Act donated annual leave received by an emergency leave recipient. Emergency leave recipient means a I certify that these regulations will not 630.1113 Transferring donated annual leave current employee for whom the have a significant economic impact on between agencies. employing agency has approved an a substantial number of small entities 630.1114 Using donated annual leave. application to receive annual leave because they will apply only to Federal 630.1115 Accrual of leave while using under an emergency leave transfer agencies and employees. donated annual leave. program. 630.1116 Limitations on the use of donated List of Subjects in 5 CFR Part 630 Emergency leave transfer program annual leave. means a program established by OPM Government employees. 630.1117 Termination of a disaster or emergency. that permits Federal employees to Office of Personnel Management. 630.1118 Procedures for returning unused transfer their unused annual leave to Linda M. Springer, donated annual leave to emergency leave other Federal employees adversely Director. donors. affected by a disaster or emergency, as Accordingly, OPM is proposing to 630.1119 Protection against coercion. declared by the President. amend part 630 of title 5 of the Code of Employee has the meaning given that § 630.1101 Purpose, applicability, and term in 5 U.S.C. 6331(1). Federal Regulations as follows: administration. Family member has the meaning PART 630—ABSENCE AND LEAVE (a) Purpose. This subpart provides given that term in § 630.902. regulations to implement section 6391 Leave year has the meaning given that Subpart K—Emergency Leave Transfer of title 5, United States Code, and must term in § 630.201. Program be read together with section 6391. Paid leave status has the meaning Section 6391 of title 5, United States given that term in § 630.902. 1. The authority citation for part 630 Code, provides that in the event of a continues to read as follows: Transferred leave means donated major disaster or emergency, as declared leave credited to an approved Authority: 5 U.S.C. 6311; 630.205 also by the President, that results in severe emergency leave recipient’s annual issued under Pub. L. 108–411, 118 Stat 2312; adverse effects for a substantial number leave account. 630.301 also issued under Pub. L. 103–356, of employees, the President may direct 108 Stat. 3410 and Pub. L. 108–411, 118 Stat the Office of Personnel Management to § 630.1103 Establishment of an emergency 2312; 630.303 also issued under 5 U.S.C. leave transfer program. 6133(a); 630.306 and 630.308 also issued establish an emergency leave transfer under 5 U.S.C. 6304(d)(3), Pub. L. 102–484, program under which an employee may (a) When directed by the President, 106 Stat. 2722, and Pub. L. 103–337, 108 Stat. donate unused annual leave for transfer OPM will establish an emergency leave 2663; subpart D also issued under Pub. L. to employees of his or her agency or to transfer program that permits an

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employee to donate his or her accrued (c) For the purpose of this subpart, an or her accrued annual and sick leave annual leave to employees of the same employee is considered to be adversely before receiving donated leave under or other agencies who are adversely affected by a major disaster or the emergency leave transfer program. affected by a disaster or emergency as emergency if the disaster or emergency § 630.1110 Donating annual leave. defined in § 630.1102. In certain has caused the employee or a family situations, OPM may delegate to an member of the employee severe An employee may voluntarily submit agency the authority to establish an hardship to such a degree that his or her a written request to his or her agency emergency leave transfer program. absence from work is required. that a specified number of hours of his (b) OPM will notify agencies of the (d) The employee’s application must or her accrued annual leave, consistent establishment of an emergency leave be accompanied by the following with the limitations in § 630.1111, be transfer program for a specific disaster information: transferred from his or her annual leave or emergency, as declared by the (1) The name, position title, and grade account to an emergency leave transfer President. Once notified, each agency or pay level of the potential emergency program established under § 630.1103. affected by the disaster or emergency is leave recipient; An emergency leave donor may not authorized to do the following: (2) A statement describing his or her donate annual leave for transfer to a (1) Determine whether, and how need for leave from the emergency leave specific emergency leave recipient much, donated annual leave is needed transfer program; and under this subpart. Donated leave not by affected employees; (3) Any additional information that used by an emergency leave recipient (2) Approve emergency leave donors may be required by the potential leave may be returned to the emergency leave and/or emergency leave recipients recipient’s employing agency. donor(s) only as provided in § 630.1118. within the agency, as appropriate; (e) An agency may determine a time period by which employees must apply § 630.1111 Limitation on the amount of (3) Facilitate the distribution of annual leave donated by an emergency donated annual leave from approved to become an emergency leave recipient leave donor. after the occurrence of a disaster or emergency leave donors to approved (a) An emergency leave donor may emergency leave recipients within the emergency, as defined in 5 CFR 630.1102. not contribute less than 1 hour nor more agency; and than 104 hours of annual leave in a (4) Determine the period of time for § 630.1106 Approval of an application to leave year to an emergency leave which donated annual leave may be become an emergency leave recipient. transfer program. Each agency may accepted for distribution to approved An agency must review an application establish written criteria for waiving the emergency leave recipients. to become an emergency leave recipient 104-hour limitation on donating annual § 630.1104 Donations from a leave bank to under procedures the agency has leave in a leave year. an emergency leave transfer program. established for the purpose of (b) Annual leave donated to an A leave bank established under determining that a potential leave emergency leave transfer program may subchapter IV of chapter 63 of title 5, recipient is or has been affected by a not be applied against the limitations on United States Code, and subpart J of part disaster or emergency, as defined in 5 the donation of annual leave under the 630 may, with the concurrence of the CFR 630.1102. voluntary leave transfer or leave bank leave bank board established under programs established under 5 U.S.C. § 630.1107 Notification of approval of an 6332 and 6362, respectively. § 630.1003, donate annual leave to an application. emergency leave transfer program If an employee’s application to § 630.1112 Limitation on the amount of administered by the employing agency become an emergency leave recipient is donated annual leave received by an or another Executive branch agency or approved, the agency must notify the emergency leave recipient. Judicial branch entity during a employee (or his or her personal An emergency leave recipient may Governmentwide transfer of emergency representative) within 10 calendar days receive a maximum of 240 hours of leave coordinated by OPM. (excluding Saturdays, Sundays, and donated annual leave at any one time from an emergency leave transfer § 630.1105 Application to become an legal public holidays) after the date the emergency leave recipient. application was received (or the date program for each disaster or emergency. (a) An employee who has been established by the agency, if that date is § 630.1113 Transferring donated annual adversely affected by a disaster or later). leave between agencies. emergency may make written § 630.1108 Disapproval of an application (a) If an agency does not receive application to his or her employing to become an emergency leave recipient. sufficient amounts of donated annual agency to become an emergency leave If an employee’s application to leave to meet the needs of approved recipient. If an employee is not capable become an emergency leave recipient is emergency leave recipients within the of making written application, a not approved, the employing agency agency, the agency may contact OPM to personal representative may make must notify the employee (or his or her obtain assistance in receiving donated written application on behalf of the personal representative who made leave from other agencies. The agency employee. application on the employee’s behalf) must notify OPM of the total amount of (b) An employee who has a family within 10 calendar days (excluding donated annual leave needed for member who has been adversely Saturdays, Sundays, and legal public transfer to the agency’s approved affected by a disaster or emergency also holidays) after the date the application emergency leave recipients. OPM will may make written application to his or was received (or the date established by solicit and coordinate the transfer of her employing agency to become an the agency, if that date is later). The donated annual leave from other Federal emergency leave recipient. An agency must give the reasons for its agencies to affected agencies who may emergency leave recipient may use disapproval. have a shortfall of donated annual leave. donated annual leave to assist an OPM will determine the period of time affected family member, provided such § 630.1109 Use of available paid leave. for which donations of accrued annual family member has no reasonable access An approved emergency leave leave may be accepted for transfer to to other forms of assistance. recipient is not required to exhaust his affected agencies.

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(b) Each Federal agency OPM contacts before donated annual leave becomes § 630.1118 Procedures for returning for the purpose of providing donated available. unused donated annual leave to emergency annual leave to an agency in need leave donors. must— § 630.1115 Accrual of leave while using (a) When a disaster or emergency is donated annual leave. (1) Approve emergency leave donors terminated, any unused annual leave under the conditions specified in While an emergency leave recipient is donated to an emergency leave transfer §§ 630.1110 and 630.1111 and using donated annual leave from an program must be returned to the determine how much donated annual emergency leave transfer program, emergency leave donors as provided in leave is available for transfer to an annual and sick leave continue to paragraph (b) of this section. The affected agency; accrue to the credit of the employee at amount of remaining annual leave to be (2) Report the total amount of annual the same rate as if he or she were in a returned to each emergency leave donor leave donated to the emergency leave paid leave status under 5 U.S.C. chapter must be proportional to the amount of transfer program to OPM; and 63, subchapter I, and will be subject to annual leave donated by the employee (3) When OPM has accepted the the limitations imposed by 5 U.S.C. to the emergency leave transfer program donated annual leave, debit the amount 6304(a), (b), (c), and (f) at the end of the for such disaster or emergency. Annual of annual leave donated to the leave year in which the transferred leave donated to an emergency leave emergency leave transfer program from annual leave is received. transfer program for a specific disaster each emergency leave donor’s annual or emergency may not be transferred to leave account. § 630.1116 Limitations on the use of donated annual leave. another emergency leave transfer (c) OPM will notify each affected program established for a different agency of the aggregate amount of Donated annual leave transferred to a disaster or emergency. donated annual leave that will be leave recipient under this subpart may (b) Each agency must establish credited to it for transfer to its approved not be— procedures to return unused donated emergency leave recipient(s). The (a) Included in a lump-sum payment annual leave to emergency leave donors. affected agency will determine the under 5 U.S.C. 5551 or 5552; Each agency must determine the amount amount of donated annual leave to be (b) Recredited to an employee who is of annual leave to be restored to each of transferred to each emergency leave reemployed by a Federal agency; or the emergency leave donors who, on the recipient (an amount that may vary (c) Used to establish initial eligibility date leave restoration is made, is according to individual needs). for immediate retirement or acquire employed by a Federal agency. If the (d) The affected agency must credit eligibility to continue health benefits total number of eligible leave donors the annual leave account of each into retirement under 5 U.S.C. 6302(g). exceeds the total number of hours of approved emergency leave recipient as annual leave to be restored, no unused soon as possible after the date OPM § 630.1117 Termination of a disaster or transferred annual leave will be emergency. notifies the agency of the amount of restored. donated annual leave that will be The disaster or emergency affecting (c) At the election of the emergency credited to the agency under paragraph the employee as an emergency leave leave donor, he or she may choose to (c) of this section. recipient terminates— have the agency restore unused donated § 630.1114 Using donated annual leave. (a) When the employing agency annual leave by crediting the restored determines that the disaster or annual leave to the emergency leave (a) Any donated leave an emergency emergency has terminated; donor’s annual leave account in either leave recipient receives from an (b) When the employee’s Federal the current leave year or the first pay emergency leave transfer program may service terminates; period of the following leave year. be used only for purposes related to the disaster or emergency for which the (c) At the end of the biweekly pay § 630.1119 Protection against coercion. period in which the employee, or his or emergency leave recipient was (a) An employee may not directly or approved. Each agency is responsible her personal representative, notifies the emergency leave recipient’s agency that indirectly intimidate, threaten, or for ensuring that leave donated under coerce, or attempt to intimidate, the emergency leave transfer program is he or she is no longer affected by such disaster or emergency; threaten, or coerce, any emergency leave used appropriately. donor or emergency leave recipient for (b) Annual leave transferred under (d) At the end of the biweekly pay period in which the employee’s agency the purpose of interfering with any right this subpart may be— such employee may have with respect to (1) Substituted retroactively for any determines, after giving the employee or his or her personal representative donating, receiving, or using annual period of leave without pay used leave under this subpart. because of the adverse effects of the written notice and an opportunity to (b) For the purpose of paragraph (a) of disaster or emergency; or answer orally or in writing, that the this section, the term ‘‘intimidate, (2) Used to liquidate an indebtedness employee is no longer affected by such threaten, or coerce’’ includes promising incurred by the emergency leave disaster or emergency; or to confer or conferring any benefit (such recipient for advanced annual or sick (e) At the end of the biweekly pay as appointment or promotion or leave used because of the adverse effects period in which the employee’s agency compensation) or effecting or of the disaster or emergency. The agency receives notice that OPM has approved threatening to effect any reprisal (such may advance annual or sick leave, as an application for disability retirement as deprivation of appointment, appropriate (even if the employee has for the emergency leave recipient under promotion, or compensation). available annual and sick leave), so that the Civil Service Retirement System or the emergency leave recipient is not the Federal Employees’ Retirement [FR Doc. E7–20205 Filed 10–12–07; 8:45 am] forced to use his or her accrued leave System, as appropriate. BILLING CODE 6325–39–P

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DEPARTMENT OF TRANSPORTATION comments received, and other evidence suggests it relates to an unusual information. The street address for the balance weight condition. Federal Aviation Administration Docket Operations office (telephone You may obtain further information by (800) 647–5527) is the same as the Mail examining the EASA AD in the AD 14 CFR Part 39 address provided in the ADDRESSES docket. section. Comments will be available in [Docket No. FAA–2007–28059; Directorate Relevant Service Information Identifier 2007–NE–13–AD] the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: RR has issued Alert Service Bulletin RIN 2120–AA64 Christopher Spinney, Aerospace (ASB) RB.211–72–AF313, dated February 22, 2007 and ASB RB.211–72– Airworthiness Directives; Rolls-Royce Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 AF260, Revision 1, dated January 17, plc (RR) RB211 Trent 500, 700, and 800 2007. The actions described in this Series Turbofan Engines New England Executive Park, Burlington, MA 01803; e-mail: service information are intended to AGENCY: Federal Aviation [email protected]; telephone correct the unsafe condition identified Administration (FAA), DOT. (781) 238–7175; fax (781) 238–7199. in the EASA AD. ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: FAA’s Determination and Requirements (NPRM). Comments Invited of This Proposed AD SUMMARY: We propose to adopt a new We invite you to send any written This product has been approved by airworthiness directive (AD) for the relevant data, views, or arguments about the aviation authority of the United products listed above. This proposed this proposed AD. Send your comments Kingdom, and is approved for operation AD results from mandatory continuing to an address listed under the in the United States. Pursuant to our bilateral agreement with the United airworthiness information (MCAI) ADDRESSES section. Include ‘‘Docket No. provided by the aviation authority of the FAA–2007–28059; Directorate Identifier Kingdom, they have notified us of the United Kingdom to identify and correct 2007–NE–13–AD’’ at the beginning of unsafe condition described in the EASA an unsafe condition on an aviation your comments. We specifically invite AD and service information referenced product. The MCAI states the following: comments on the overall regulatory, above. We are proposing this AD because we evaluated all information This action is necessary following the economic, environmental, and energy provided by EASA and determined the discovery of IP Compressor Rotor rear aspects of this proposed AD. We will balance land cracking on an in-service Trent consider all comments received by the unsafe condition exists and is likely to 800 engine. Stress analysis of the damaged closing date and may amend this exist or develop on other products of the rotor has shown a possible threat to the rotor proposed AD based on those comments. same type design. This proposed AD integrity, the cracking therefore presents a We will post all comments we would require inspecting the IP potential unsafe condition. receive, without change, to http:// Compressor rotor rear balance land for We are proposing this AD to detect dms.dot.gov, including any personal cracks. cracking on the intermediate pressure information you provide. We will also Costs of Compliance (IP) Compressor rotor rear balance land. post a report summarizing each We estimate that this proposed AD IP compressor rotor rear balance land substantive verbal contact we receive would affect about 110 engines installed cracking can lead to uncontained failure about this proposed AD. on airplanes of U.S. registry. We also of the rotor and damage to the airplane. Discussion estimate that it would take about 3.5 DATES: We must receive comments on The European Aviation Safety Agency work-hours per engine to perform the this proposed AD by November 14, proposed actions and that the average 2007. (EASA), which is the Technical Agent for the Member States of the European labor rate is $80 per work-hour. Based ADDRESSES: You may send comments by Community, has issued EASA on these figures, we estimate the total any of the following methods: Airworthiness Directive 2007–0052, cost of the proposed AD to U.S. • Government-wide rulemaking Web dated February 23, 2007 to correct an operators to be $30,800. Our cost site: Go to http://www.regulations.gov unsafe condition for the specified estimate is exclusive of possible and follow the instructions for sending products. The EASA AD states: warranty coverage. your comments electronically. • Mail: U.S. Department of This Airworthiness Directive requires Authority for This Rulemaking Transportation, Docket Operations, inspections for cracks in the rear balance Title 49 of the United States Code West Building Ground Floor, Room land of the IP Compressor Rotor. The specifies the FAA’s authority to issue inspections comprise an on-wing one-off rules on aviation safety. Subtitle I, W12–140, 1200 New Jersey Avenue, SE., inspection by borescope for RR Trent 800 Washington, DC 20590. section 106, describes the authority of • engines which must be completed within a Hand Delivery: Deliver to Mail short timescale, and in-shop inspections to the FAA Administrator. ‘‘Subtitle VII: address above between 9 a.m. and 5 be completed at each opportunity for RR Aviation Programs,’’ describes in more p.m., Monday through Friday, except Trent 500, 700 and 800 engines (the in-shop detail the scope of the Agency’s Federal holidays. inspection may be carried out in lieu of the authority. • Fax: (202) 493–2251. on-wing inspection for the Trent 800 engines We are issuing this rulemaking under if it is accomplished within the timescale the authority described in ‘‘Subtitle VII, Examining the AD Docket applicable to the on-wing inspection). This Part A, Subpart III, Section 44701: You may examine the AD docket on action is necessary following the discovery of General requirements.’’ Under that the Internet at http://dms.dot.gov; or in IP Compressor Rotor rear balance land section, Congress charges the FAA with cracking on an in-service Trent 800 engine. person at the Docket Operations office Stress analysis of the damaged rotor has promoting safe flight of civil aircraft in between 9 a.m. and 5 p.m., Monday shown a possible threat to the rotor integrity, air commerce by prescribing regulations through Friday, except Federal holidays. the cracking therefore presents a potential for practices, methods, and procedures The AD docket contains this proposed unsafe condition. The cause of the cracking the Administrator finds necessary for AD, the regulatory evaluation, any is currently not fully understood but safety in air commerce. This regulation

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is within the scope of that authority and 895–17 turbofan engines. These engines Issued in Burlington, Massachusetts, on because it addresses an unsafe condition are installed on, but not limited to, Airbus October 9, 2007. that is likely to exist or develop on A330, A340–500, A340–600, and Boeing 777 Peter A. White, series airplanes. products identified in this rulemaking Acting Manager, Engine and Propeller action. Reason Directorate, Aircraft Certification Service. [FR Doc. E7–20242 Filed 10–12–07; 8:45 am] Regulatory Findings (d) This action is necessary following the discovery of IP Compressor Rotor rear BILLING CODE 4910–13–P We determined that this proposed AD balance land cracking on an in-service Trent would not have federalism implications 800 engine. Stress analysis of the damaged under Executive Order 13132. This rotor has shown a possible threat to the rotor DEPARTMENT OF TRANSPORTATION proposed AD would not have a integrity, the cracking therefore presents a potential unsafe condition. The proposed AD substantial direct effect on the States, on National Highway Traffic Safety would require actions that are intended to Administration the relationship between the national address the unsafe condition described in the Government and the States, or on the MCAI. distribution of power and We are proposing this AD to detect 49 CFR Part 541 responsibilities among the various cracking on the intermediate pressure (IP) [Docket No. NHTSA 2007–28874] levels of government. Compressor rotor rear balance land. IP For the reasons discussed above, I compressor rotor rear balance land cracking Preliminary Theft Data; Motor Vehicle certify this proposed regulation: can lead to uncontained failure of the rotor and damage to the airplane. Theft Prevention Standard 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; Actions and Compliance AGENCY: National Highway Traffic 2. Is not a ‘‘significant rule’’ under the (e) Unless already done, do the following Safety Administration (NHTSA), DOT Regulatory Policies and Procedures actions: Department of Transportation. ACTION: Publication of preliminary theft (44 FR 11034, February 26, 1979); and Inspection—On-Wing 3. Will not have a significant data; request for comments. economic impact, positive or negative, (1) Applicable to RR Trent 800 engines not previously inspected per Rolls-Royce RB211 SUMMARY: This document requests on a substantial number of small entities Propulsion System Alert Non Modification under the criteria of the Regulatory comments on data about passenger Service Bulletin RB.211–72–AF260, Revision motor vehicle thefts that occurred in Flexibility Act. 1, dated January 17, 2007 or original issue, We prepared a regulatory evaluation dated October17, 2006: Within 400 flight calendar year (CY) 2005 including theft of the estimated costs to comply with cycles of the Effective Date of this AD inspect rates for existing passenger motor this proposed AD and placed it in the the IP Compressor rotor rear balance land for vehicle lines manufactured in model AD docket. cracks in accordance with Rolls-Royce RB211 year (MY) 2005. The preliminary theft Propulsion System Alert Non Modification data indicate that the vehicle theft rate List of Subjects in 14 CFR Part 39 Service Bulletin RB.211–72–AF313, dated for CY/MY 2005 vehicles (1.85 thefts February 22, 2007 section 3 Accomplishment Air transportation, Aircraft, Aviation per thousand vehicles) increased by 1.1 Instructions. Engines on which cracking is percent from the theft rate for CY/MY safety, Safety. found should be rejected from service. 2004 vehicles (1.83 thefts per thousand The Proposed Amendment Inspection—In-Shop vehicles). Accordingly, under the authority (2) Applicable to RR Trent 500, 700 and Publication of these data fulfills delegated to me by the Administrator, 800 engines at each shop visit in which the NHTSA’s statutory obligation to the FAA proposes to amend 14 CFR part engine is sufficiently disassembled to access periodically obtain accurate and timely 39 as follows: the IP Compressor Module rear face: Inspect theft data, and publish the information the IP Compressor rotor rear balance land for for review and comment. PART 39—AIRWORTHINESS cracks in accordance with Rolls-Royce RB211 Propulsion System Alert Non Modification DATES: Comments must be submitted on DIRECTIVES Service Bulletin RB.211–72–AF260, Revision or before December 14, 2007. 1. The authority citation for part 39 1, dated January 17, 2007, or original issue ADDRESSES: You may submit comments section 3 Accomplishment Instructions. continues to read as follows: (identified by DOT Docket No. NHTSA– Other FAA AD Provisions 2007–28874) by any of the following Authority: 49 U.S.C. 106(g), 40113, 44701. methods: (f) Alternative Methods of Compliance • § 39.13 [Amended] (AMOCs): The Manager, Engine Certification Federal eRulemaking Portal: Go to 2. The FAA amends § 39.13 by adding Office, FAA, has the authority to approve http://www.regulations.gov. Follow the the following new AD: AMOCs for this AD, if requested using the online instructions for submitting procedures found in 14 CFR 39.19. comments. Rolls-Royce plc: Docket No. FAA–2007– • Related Information Mail: Docket Management Facility: 28059; Directorate Identifier 2007–NE– U.S. Department of Transportation, 1200 13–AD. (g) Refer to EASA Airworthiness Directive 2007–0052, dated February 23, 2007, and New Jersey Avenue, SE., West Building Comments Due Date Rolls-Royce plc Alert Service Bulletin (ASB) Ground Floor, Room W12–140, (a) We must receive comments by RB.211–72–AF313, dated February 22, 2007, Washington, DC 20590–0001. November 14, 2007. and ASB RB.211–72–AF260, Revision 1, • Hand Delivery or Courier: West dated January 17, 2007, for related Building Ground Floor, Room W12–140, Affected ADs information. 1200 New Jersey Avenue, SE., between (b) None. (h) Contact Christopher Spinney, 9 a.m. and 5 p.m. ET, Monday through Aerospace Engineer, Engine Certification Applicability Friday, except Federal holidays. Office, FAA, Engine & Propeller Directorate, • (c) This AD applies to Rolls-Royce plc 12 New England Executive Park, Burlington, Fax: 202–493–2251. RB211 Trent 553–61, 553A2–61, 556–61, MA 01803; e-mail: Instructions: For detailed instructions 556A2–61, 556B–61, 560–61, 560A2–61, [email protected]; telephone (781) on submitting comments and additional 768–60, 772–60, 772B–60, 772C–60, 875–17, 238–7175; fax (781) 238–7199, for more information on the rulemaking process, 877–17, 884–17, 884B–17, 892–17, 892B–17, information about this AD. see the Public Participation heading of

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the SUPPLEMENTARY INFORMATION section motor vehicle theft. The central feature insured and uninsured vehicles, not all of this document. Note that all of this program is the Federal Motor of which are reported to other data comments received will be posted Vehicle Theft Prevention Standard, 49 sources. The 2005 theft rate for each without change to http:// CFR Part 541. The standard specifies vehicle line was calculated by dividing www.regulations.gov, including any performance requirements for inscribing the number of reported thefts of MY personal information provided. Please or affixing vehicle identification 2005 vehicles of that line stolen during see the Privacy Act heading below. numbers (VINs) onto certain major calendar year 2005, by the total number Privacy Act: Anyone is able to search original equipment and replacement of vehicles in that line manufactured for the electronic form of all comments parts of high-theft lines of passenger MY 2005, as reported by manufacturers received into any of our dockets by the motor vehicles. to the Environmental Protection name of the individual submitting the The agency is required by 49 U.S.C. Agency. comment (or signing the comment, if 33104(b)(4) to periodically obtain, from submitted on behalf of an association, the most reliable source, accurate and The preliminary 2005 theft data show business, labor union, etc.). You may timely theft data, and publish the data an increase in the vehicle theft rate review DOT’s complete Privacy Act for review and comment. To fulfill the when compared to the theft rate Statement in the Federal Register § 33104(b)(4) mandate, this document experienced in CY/MY 2004. The published on April 11, 2000 (65 FR reports the preliminary theft data for CY preliminary theft rate for MY 2005 19477–78) or you may visit http:// 2005 the most recent calendar year for passenger vehicles stolen in calendar DocketInfo.dot.gov. which data are available. year 2005 increased to 1.85 thefts per Docket: For access to the docket to In calculating the 2005 theft rates, thousand vehicles produced, an read background documents or NHTSA followed the same procedures it increase of 1.1 percent from the rate of comments received, go to http:// used in calculating the MY 2004 theft 1.83 thefts per thousand vehicles www.regulations.gov. or the street rates. (For 2004 theft data calculations, experienced by MY 2004 vehicles in CY address listed above. Follow the online see 71 FR 59400, October 10, 2006.) As 2004. For MY 2005 vehicles, out of a instructions for accessing the dockets. in all previous reports, NHTSA’s data total of 233 vehicle lines, 24 lines had FOR FURTHER INFORMATION CONTACT: Ms. were based on information provided to a theft rate higher than 3.5826 per Carlita Ballard, Office of International the agency by the National Crime thousand vehicles, the established Policy, Fuel Economy and Consumer Information Center (NCIC) of the median theft rate for MYs 1990/1991 Programs, NHTSA, 1200 New Jersey Federal Bureau of Investigation. The Avenue, SE., Washington, DC 20590. NCIC is a governmental system that (See 59 FR 12400, March 16, 1994). Of Ms. Ballard’s telephone number is (202) receives vehicle theft information from the 24 vehicle lines with a theft rate 366–0846. Her fax number is (202) 493– nearly 23,000 criminal justice agencies higher than 3.5826, 21 are passenger car 2990. and other law enforcement authorities lines, two are multipurpose passenger SUPPLEMENTARY INFORMATION: NHTSA throughout the United States. The NCIC vehicle lines, and one is a light-duty administers a program for reducing data also include reported thefts of self- truck line.

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In Table I, NHTSA has tentatively submitted to Dockets. A request for Those persons desiring to be notified ranked each of the MY 2005 vehicle confidentiality should be accompanied upon receipt of their comments in the lines in descending order of theft rate. by a cover letter setting forth the rules docket should enclose a self- Public comment is sought on the information specified in the agency’s addressed, stamped postcard in the accuracy of the data, including the data confidential business information envelope with their comments. Upon for the production volumes of regulation. 49 CFR part 512. receiving the comments, the docket individual vehicle lines. All comments received before the supervisor will return the postcard by Comments must not exceed 15 pages mail. in length (49 CFR part 553.21). close of business on the comment Attachments may be appended to these closing date indicated above for this Privacy Act: Anyone is able to search submissions without regard to the 15 document will be considered, and will the electronic form of all comments page limit. This limitation is intended to be available for examination in the received into any of our dockets by the encourage commenters to detail their docket at the above address both before name of the individual submitting the primary arguments in a concise fashion. and after that date. To the extent comment (or signing the comment, if If a commenter wishes to submit possible, comments filed after the submitted on behalf of an association, certain information under a claim of closing date will also be considered. business, labor union, etc.). You may confidentiality, three copies of the Comments on this document will be review DOT’s complete Privacy Act complete submission, including available for inspection in the docket. Statement in the Federal Register purportedly confidential business NHTSA will continue to file relevant published on April 11, 2000 (Volume information, should be submitted to the information as it becomes available for 65, Number 70; Pages 19477–78) or you Chief Counsel, NHTSA, at the street inspection in the docket after the may visit http://dms.dot.gov. address given above, and two copies closing date, and it is recommended that from which the purportedly confidential interested persons continue to examine Authority: 49 U.S.C. 33101, 33102 and information has been deleted should be the docket for new material. 33104; delegation of authority at 49 CFR 1.50.

PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2005 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2005

2005 Production Theft rate Manufacturer Make/model (line) Thefts (mfr’s) (per 1,000 2005 2005 vehicles produced)

1 TOYOTA ...... TOYOTA TUNDRA PICKUP ...... 265 14,194 18.6699 2 SUZUKI ...... AERIO ...... 77 11,804 6.5232 3 KIA ...... RIO ...... 156 26,328 5.9253 4 MERCEDES BENZ ...... 215 (CL–CLASS) ...... 9 1,601 5.6215 5 JAGUAR ...... XKR ...... 4 748 5.3476 6 GENERAL MOTORS ...... CHEVROLET MONTE CARLO ...... 188 35,876 5.2403 7 MITSUBISHI ...... GALANT ...... 150 28,808 5.2069 8 DAIMLERCHRYSLER ...... DODGE NEON...... 783 154,231 5.0768 9 DAIMLERCHRYSLER ...... DODGE MAGNUM...... 387 79,254 4.8830 10 DAIMLERCHRYSLER ...... CHRYSLER SEBRING...... 242 49,892 4.8505 11 DAIMLERCHRYSLER ...... DODGE STRATUS...... 452 94,735 4.7712 12 KIA ...... OPTIMA ...... 145 31,362 4.6234 13 MITSUBISHI ...... LANCER ...... 141 31,226 4.5155 14 NISSAN ...... SENTRA ...... 519 116,354 4.4605 15 GENERAL MOTORS ...... CHEVROLET MALIBU ...... 908 212,400 4.2750 16 TOYOTA ...... TOYOTA ECHO...... 43 10,540 4.0797 17 GENERAL MOTORS ...... PONTIAC GRAND AM ...... 248 61,502 4.0324 18 TOYOTA ...... LEXUS GS...... 12 3,004 3.9947 19 SUZUKI ...... FORENZA ...... 129 33,387 3.8638 20 NISSAN ...... INFINITI FX45...... 7 1,850 3.7838 21 GENERAL MOTORS ...... CHEVROLET CAVALIER ...... 351 95,838 3.6624 22 HONDA ...... ACURA RSX...... 69 19,135 3.6060 23 KIA ...... SPECTRA ...... 191 53,027 3.6019 24 HONDA ...... S2000 ...... 32 8,921 3.5870 25 MASERATI ...... SPYDER/F1 ...... 1 289 3.4602 26 GENERAL MOTORS ...... PONTIAC SUNFIRE ...... 132 38,239 3.4520 27 DAIMLERCHRYSLER ...... CHRYSLER SEBRING CONVERTIBLE ...... 114 33,498 3.4032 28 SUZUKI ...... VITARA/GRAND VITARA...... 81 24,542 3.3005 29 TOYOTA ...... TOYOTA MR2 SPYDER ...... 3 912 3.2895 30 TOYOTA ...... LEXUS IS...... 20 6,343 3.1531 31 DAIMLERCHRYSLER ...... CHRYSLER 300...... 499 158,545 3.1474 32 SUZUKI ...... VERONA ...... 23 7,409 3.1043 33 HYUNDAI ...... ACCENT ...... 158 51,121 3.0907 34 GENERAL MOTORS ...... CHEVROLET AVEO ...... 196 64,250 3.0506 35 HYUNDAI ...... TIBURON ...... 46 15,100 3.0464 36 GENERAL MOTORS ...... CHEVROLET IMPALA ...... 701 230,633 3.0395 37 NISSAN ...... 350Z ...... 82 27,146 3.0207 38 MITSUBISHI ...... ECLIPSE ...... 25 8,471 2.9512 39 FORD MOTOR CO ...... LINCOLN LS ...... 64 21,743 2.9435 40 GENERAL MOTORS ...... CHEVROLET COBALT ...... 410 140,975 2.9083

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2005 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2005—Continued

2005 Production Theft rate Manufacturer Make/model (line) Thefts (mfr’s) (per 1,000 2005 2005 vehicles produced)

41 NISSAN ...... INFINITI QX56...... 36 12,666 2.8423 42 NISSAN ...... MAXIMA ...... 209 73,931 2.8270 43 NISSAN ...... ALTIMA ...... 1,035 368,779 2.8066 44 MAZDA ...... 6 ...... 191 68,252 2.7985 45 SUZUKI ...... RENO ...... 16 5,736 2.7894 46 TOYOTA ...... SCION XB...... 187 67,396 2.7746 47 SUBARU ...... IMPREZA ...... 103 38,390 2.6830 48 GENERAL MOTORS ...... PONTIAC GRAND PRIX ...... 284 107,972 2.6303 49 FORD MOTOR CO ...... FORD TAURUS ...... 527 201,826 2.6112 50 FORD MOTOR CO ...... FORD FOCUS ...... 637 245,780 2.5917 51 TOYOTA ...... TOYOTA CELICA...... 11 4,258 2.5834 52 BMW ...... M3 ...... 14 5,471 2.5589 53 GENERAL MOTORS ...... PONTIAC GTO ...... 28 11,065 2.5305 54 ROLLS ROYCE...... PHANTOM ...... 1 399 2.5063 55 FORD MOTOR CO ...... FORD MUSTANG ...... 362 145,599 2.4863 56 MITSUBISHI ...... OUTLANDER ...... 36 14,983 2.4027 57 GENERAL MOTORS ...... CHEVROLET BLAZER S10/T10 ...... 12 5,018 2.3914 58 NISSAN ...... INFINITI FX35...... 72 30,172 2.3863 59 DAIMLERCHRYSLER ...... JEEP WRANGLER...... 178 74,706 2.3827 60 GENERAL MOTORS ...... CADILLAC XLR ...... 9 3,828 2.3511 61 BMW ...... 6 ...... 25 10,636 2.3505 62 TOYOTA ...... TOYOTA COROLLA...... 864 368,744 2.3431 63 TOYOTA ...... SCION TC...... 146 62,321 2.3427 64 NISSAN ...... FRONTIER PICKUP...... 146 62,799 2.3249 65 MITSUBISHI ...... ENDEAVOR ...... 46 20,871 2.2040 66 HYUNDAI ...... SONATA ...... 175 79,781 2.1935 67 MAZDA ...... B SERIES PICKUP ...... 12 5,686 2.1104 68 HYUNDAI ...... ELANTRA ...... 277 132,495 2.0906 69 MITSUBISHI ...... MONTERO ...... 8 3,829 2.0893 70 GENERAL MOTORS ...... PONTIAC G6 ...... 128 62,481 2.0486 71 NISSAN ...... XTERRA ...... 113 55,179 2.0479 72 KIA ...... SEDONA VAN...... 156 76,527 2.0385 73 FORD MOTOR CO ...... FORD RANGER PICKUP ...... 209 103,723 2.0150 74 VOLKSWAGEN ...... GOLF/GTI ...... 29 14,447 2.0073 75 HONDA ...... CIVIC ...... 577 288,917 1.9971 76 KIA ...... SORENTO ...... 114 57,272 1.9905 77 MERCEDES BENZ ...... 203 (C-CLASS) ...... 139 70,818 1.9628 78 HONDA ...... ACURA TSX...... 70 35,836 1.9533 79 ISUZU ...... ASCENDER ...... 14 7,219 1.9393 80 MAZDA ...... RX–8 ...... 34 17,608 1.9309 81 KIA ...... AMANTI ...... 43 22,858 1.8812 82 TOYOTA ...... SCION XA...... 60 32,132 1.8673 83 TOYOTA ...... TOYOTA TACOMA PICKUP ...... 283 151,776 1.8646 84 JAGUAR ...... XJ8/XJ8L ...... 8 4,330 1.8476 85 NISSAN ...... INFINITI G35...... 120 65,227 1.8397 86 JAGUAR ...... S–TYPE ...... 25 13,629 1.8343 87 MAZDA ...... 3 ...... 158 86,184 1.8333 88 DAIMLERCHRYSLER ...... CHRYSLER PT CRUISER ...... 240 133,335 1.8000 89 TOYOTA ...... LEXUS SC...... 16 9,019 1.7740 90 NISSAN ...... INFINITI Q45...... 3 1,712 1.7523 91 NISSAN ...... PATHFINDER ...... 143 82,667 1.7298 92 MERCEDES BENZ ...... 208 (CLK–CLASS) ...... 37 21,724 1.7032 93 SUBARU ...... BAJA ...... 14 8,244 1.6982 94 AUDI ...... A4/A4 QUATTRO/S4/S4 AVANT ...... 80 47,470 1.6853 95 GENERAL MOTORS ...... CHEVROLET TRAILBLAZER ...... 311 184,671 1.6841 96 TOYOTA ...... TOYOTA CAMRY/SOLARA...... 732 437,173 1.6744 97 NISSAN ...... QUEST VAN...... 60 35,913 1.6707 98 GENERAL MOTORS ...... PONTIAC AZTEK ...... 17 10,197 1.6672 99 DAIMLERCHRYSLER ...... JEEP GRAND CHEROKEE ...... 356 214,714 1.6580 100 MERCEDES BENZ ...... 170 (SLK–CLASS) ...... 17 10,310 1.6489 101 GENERAL MOTORS ...... BUICK CENTURY ...... 65 40,051 1.6229 102 FORD MOTOR CO ...... FORD EXPLORER ...... 317 196,740 1.6113 103 FORD MOTOR CO ...... MERCURY SABLE ...... 58 36,134 1.6051 104 SAAB ...... 9–2X ...... 9 5,713 1.5754 105 HONDA ...... ACCORD ...... 576 371,940 1.5486 106 FORD MOTOR CO ...... FORD EXPLORER SPORT TRAC ...... 83 53,640 1.5474 107 HONDA ...... ACURA 3.2 TL ...... 125 82,497 1.5152

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2005 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2005—Continued

2005 Production Theft rate Manufacturer Make/model (line) Thefts (mfr’s) (per 1,000 2005 2005 vehicles produced)

108 GENERAL MOTORS ...... CHEVROLET COLORADO ...... 206 136,994 1.5037 109 BMW ...... 3 ...... 88 58,554 1.5029 110 BMW ...... 5 ...... 42 28,346 1.4817 111 FORD MOTOR CO ...... MERCURY MOUNTAINEER ...... 48 32,416 1.4808 112 GENERAL MOTORS ...... SATURN ION ...... 104 71,021 1.4644 113 DAIMLERCHRYSLER ...... CHRYSLER CROSSFIRE...... 36 24,679 1.4587 114 GENERAL MOTORS ...... GMC ENVOY ...... 102 70,105 1.4550 115 KIA ...... SPORTAGE ...... 35 24,351 1.4373 116 GENERAL MOTORS ...... GMC CANYON PICKUP ...... 56 39,149 1.4304 117 FORD MOTOR CO ...... LINCOLN TOWN CAR ...... 67 46,853 1.4300 118 MERCEDES BENZ ...... 129 (SL–CLASS) ...... 15 10,586 1.4170 119 NISSAN ...... MURANO ...... 102 72,482 1.4072 120 TOYOTA ...... TOYOTA MATRIX...... 99 72,719 1.3614 121 HYUNDAI ...... SANTA FE...... 100 73,979 1.3517 122 HYUNDAI ...... XG300 ...... 27 20,099 1.3434 123 GENERAL MOTORS ...... PONTIAC VIBE ...... 95 71,357 1.3313 124 GENERAL MOTORS ...... CADILLAC DEVILLE ...... 76 57,246 1.3276 125 VOLKSWAGEN ...... JETTA ...... 116 87,710 1.3225 126 AUDI ...... A8 ...... 7 5,336 1.3118 127 VOLKSWAGEN ...... PHAETON ...... 1 768 1.3021 128 MAZDA ...... TRIBUTE ...... 68 52,267 1.3010 129 JAGUAR ...... VANDEN PLAS/SUPER V8 ...... 4 3,075 1.3008 130 FORD MOTOR CO ...... FORD CROWN VICTORIA ...... 24 18,754 1.2797 131 FORD MOTOR CO ...... FORD FREESTAR VAN ...... 92 72,690 1.2656 132 GENERAL MOTORS ...... CHEVROLET ASTRO VAN ...... 29 23,439 1.2373 133 DAIMLERCHRYSLER ...... CHRYSLER PACIFICA...... 146 118,329 1.2338 134 GENERAL MOTORS ...... PONTIAC BONNEVILLE ...... 26 21,519 1.2082 135 GENERAL MOTORS ...... CADILLAC CTS ...... 74 61,323 1.2067 136 BMW ...... 7 ...... 9 7,495 1.2008 137 DAIMLERCHRYSLER ...... DODGE CARAVAN/GRAND CARAVAN ...... 440 367,439 1.1975 138 TOYOTA ...... TOYOTA 4RUNNER...... 127 106,810 1.1890 139 DAIMLERCHRYSLER ...... DODGE VIPER...... 2 1,692 1.1820 140 HYUNDAI ...... TUCSON ...... 71 61,346 1.1574 141 ASTON MARTIN...... DB9 ...... 1 874 1.1442 142 GENERAL MOTORS ...... GMC SAFARI VAN ...... 5 4,441 1.1259 143 FORD MOTOR CO ...... FORD FIVE HUNDRED ...... 109 97,689 1.1158 144 VOLVO ...... V70 ...... 9 8,070 1.1152 145 MERCEDES BENZ ...... 220 (S–CLASS) ...... 13 11,831 1.0988 146 FORD MOTOR CO ...... FORD THUNDERBIRD ...... 10 9,189 1.0883 147 BMW ...... X3 ...... 31 28,657 1.0818 148 TOYOTA ...... LEXUS LS...... 31 29,049 1.0672 149 GENERAL MOTORS ...... CHEVROLET EQUINOX ...... 192 183,758 1.0449 150 FORD MOTOR CO ...... FORD ESCAPE ...... 252 243,658 1.0342 151 DAIMLERCHRYSLER ...... JEEP LIBERTY...... 178 173,110 1.0282 152 TOYOTA ...... LEXUS ES...... 83 80,735 1.0281 153 TOYOTA ...... LEXUS GX...... 28 27,260 1.0271 154 TOYOTA ...... TOYOTA AVALON...... 59 57,577 1.0247 155 GENERAL MOTORS ...... CHEVROLET CORVETTE ...... 34 33,810 1.0056 156 GENERAL MOTORS ...... BUICK LESABRE ...... 105 105,985 0.9907 157 TOYOTA ...... LEXUS RX...... 94 96,140 0.9777 158 PORSCHE ...... BOXSTER ...... 6 6,142 0.9769 159 GENERAL MOTORS ...... CHEVROLET VENTURE VAN ...... 24 25,341 0.9471 160 ROLLS ROYCE ...... BENTLEY CONTINENTAL ...... 3 3,176 0.9446 161 VOLVO ...... S40 ...... 24 25,722 0.9331 162 TOYOTA ...... TOYOTA RAV4...... 75 82,037 0.9142 163 BMW ...... Z4 ...... 10 11,079 0.9026 164 HONDA ...... ELEMENT ...... 47 52,440 0.8963 165 FORD MOTOR CO ...... MERCURY MARINER ...... 29 32,734 0.8859 166 GENERAL MOTORS ...... SATURN LS ...... 6 6,790 0.8837 167 FORD MOTOR CO ...... MERCURY GRAND MARQUIS ...... 61 69,862 0.8731 168 TOYOTA ...... TOYOTA HIGHLANDER...... 113 130,146 0.8683 169 GENERAL MOTORS ...... BUICK PARK AVENUE ...... 8 9,282 0.8619 170 GENERAL MOTORS ...... SATURN VUE ...... 56 65,105 0.8601 171 VOLKSWAGEN ...... PASSAT ...... 30 35,149 0.8535 172 PORSCHE ...... 911 ...... 7 8,391 0.8342 173 GENERAL MOTORS ...... CADILLAC STS ...... 31 37,226 0.8328 174 TOYOTA ...... TOYOTA SIENNA VAN ...... 144 172,999 0.8324

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2005 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2005—Continued

2005 Production Theft rate Manufacturer Make/model (line) Thefts (mfr’s) (per 1,000 2005 2005 vehicles produced)

175 GENERAL MOTORS ...... BUICK LACROSSE/ALLURE ...... 68 81,894 0.8303 176 LAND ROVER...... FREELANDER ...... 2 2,441 0.8193 177 MAZDA ...... MPV VAN...... 15 18,902 0.7936 178 HONDA ...... ACURA 3.5 RL ...... 17 21,526 0.7897 179 VOLKSWAGEN ...... NEW BEETLE...... 27 34,410 0.7847 180 AUDI ...... A6/A6 QUATTRO/S6/S6 AVANT ...... 12 15,432 0.7776 181 DAIMLERCHRYSLER ...... CHRYSLER TOWN & COUNTRY ...... 195 253,162 0.7703 182 GENERAL MOTORS ...... BUICK RENDEZVOUS ...... 42 54,775 0.7668 183 VOLVO ...... XC90 ...... 33 43,213 0.7637 184 FORD MOTOR CO ...... MERCURY MONTEREY VAN ...... 5 6,703 0.7459 185 MERCEDES BENZ ...... 210 (E-CLASS) ...... 30 40,445 0.7417 186 VOLVO ...... S80 ...... 8 10,918 0.7327 187 GENERAL MOTORS ...... BUICK RAINIER ...... 10 13,648 0.7327 188 VOLVO ...... S60 ...... 15 23,029 0.6514 189 BMW ...... MINI COOPER...... 30 47,444 0.6323 190 HONDA ...... CR–V ...... 88 144,472 0.6091 191 SAAB ...... 9–3 ...... 13 21,433 0.6065 192 LOTUS ...... ELISE ...... 2 3,320 0.6024 193 SUBARU ...... LEGACY/OUTBACK ...... 21 34,944 0.6010 194 AUDI ...... ALLROAD QUATTRO...... 2 3,420 0.5848 195 HONDA ...... ACURA MDX...... 35 60,287 0.5806 196 HONDA ...... PILOT ...... 81 142,118 0.5699 197 GENERAL MOTORS ...... CHEVROLET UPLANDER VAN ...... 30 52,713 0.5691 198 GENERAL MOTORS ...... CADILLAC SRX ...... 13 23,498 0.5532 199 FORD MOTOR CO ...... FORD FREESTYLE ...... 40 75,643 0.5288 200 HONDA ...... ODYSSEY VAN...... 85 161,742 0.5255 201 FORD MOTOR CO ...... FORD GT ...... 1 1,907 0.5244 202 SAAB ...... 9–7X ...... 1 1,999 0.5003 203 MAZDA ...... MX–5 MIATA ...... 2 4,135 0.4837 204 SUBARU ...... FORESTER ...... 24 50,942 0.4711 205 FORD MOTOR CO ...... MERCURY MONTEGO ...... 13 28,517 0.4559 206 GENERAL MOTORS ...... PONTIAC MONTANA VAN ...... 14 31,583 0.4433 207 TOYOTA ...... TOYOTA PRIUS...... 46 121,020 0.3801 208 SUBARU ...... OUTBACK ...... 29 79,980 0.3626 209 JAGUAR ...... X–TYPE ...... 4 11,299 0.3540 210 GENERAL MOTORS ...... SATURN RELAY ...... 6 17,794 0.3372 211 SAAB ...... 9–5 ...... 2 6,137 0.3259 212 VOLVO ...... V50 ...... 2 6,909 0.2895 213 GENERAL MOTORS ...... BUICK TERRAZA VAN ...... 2 19,848 0.1008 214 MASERATI ...... GRANSPORT ...... 0 490 0.0000 215 MASERATI ...... QUATTROPORTE ...... 0 1,311 0.0000 216 HONDA ...... ACURA NSX...... 0 249 0.0000 217 ASTON MARTIN...... VANQUISH ...... 0 165 0.0000 218 AUDI ...... TT ...... 0 3,375 0.0000 219 ROLLS ROYCE ...... BENTLEY ARNAGE ...... 0 361 0.0000 220 GENERAL MOTORS ...... CADILLAC FUNERAL COACH/HEARSE ...... 0 854 0.0000 221 GENERAL MOTORS ...... CADILLAC LIMOUSINE ...... 0 472 0.0000 222 FERRARI ...... MARANELLO/F1 ...... 0 235 0.0000 223 FERRARI ...... SCAGLIETTI/F1 ...... 0 228 0.0000 224 FERRARI ...... SPIDER/F1 ...... 0 1,093 0.0000 225 GENERAL MOTORS ...... CHEVROLET CLASSIC ...... 0 83,060 0.0000 226 GENERAL MOTORS ...... GMC K2500 ...... 0 51 0.0000 227 HONDA ...... INSIGHT ...... 0 591 0.0000 228 JAGUAR ...... XJR ...... 0 741 0.0000 229 JAGUAR ...... XK8 ...... 0 1,760 0.0000 230 NISSAN ...... ARMADA ...... 0 34,803 0.0000 231 NISSAN ...... TITAN ...... 0 77,628 0.0000 232 SPYKER ...... C8 ...... 0 7 0.0000 233 VOLVO ...... XC70 ...... 0 14,806 0.0000

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Issued on: October 5, 2007. Road, Mail Stop 201, Anchorage, AK Susitna and Fairbanks North Star Stephen R. Kratzke, 99503. boroughs, the Kenai Peninsula roaded Associate Administrator for Rulemaking. SUPPLEMENTARY INFORMATION: area, the Gulf of Alaska roaded area, and [FR Doc. 07–5022 Filed 10–12–07; 8:45 am] Southeast Alaska were excluded from How Do I Find the History of These BILLING CODE 4910–59–P the eligible subsistence harvest areas. Regulations? Based on petitions requesting Background information, including inclusion in the harvest, in 2004, we added 13 additional communities based DEPARTMENT OF THE INTERIOR past events leading to this action, accomplishments since the Migratory on criteria set forth in § 92.5(c). These Fish and Wildlife Service Bird Treaties with Canada and Mexico communities were Gulkana, Gakona, were amended, and a history addressing Tazlina, Copper Center, Mentasta Lake, 50 CFR Part 92 conservation issues can be found in the Chitina, Chistochina, Tatitlek, Chenega, following Federal Register notices: Port Graham, Nanwalek, Tyonek, and RIN 1018–AV53 August 16, 2002 (67 FR 53511); July 21, Hoonah, with a combined population of 2003 (68 FR 43010); April 2, 2004 (69 2,766. In 2005, we added three Migratory Bird Subsistence Harvest in additional communities for glaucous- Alaska; Harvest Regulations for FR 17318); April 8, 2005 (70 FR 18244); February 28, 2006 (71 FR 10404); and winged gull egg gathering only, based Migratory Birds in Alaska During the on petitions requesting inclusion. These 2008 Season April 11, 2007 (72 FR 18318). These documents are readily available at southeastern communities were Craig, AGENCY: Fish and Wildlife Service, http://alaska.fws.gov/ambcc/ Hydaburg, and Yakutat, with a Interior. regulations.htm. combined population of 2,459. In 2007, we have enacted the Alaska ACTION: Proposed rule. Why Is This Current Rulemaking Department of Fish and Game’s SUMMARY: The U.S. Fish and Wildlife Necessary? (ADF&G) request to expand the Service (Service or we) is publishing This current rulemaking is necessary Fairbanks North Star Borough excluded migratory bird subsistence harvest because the migratory bird harvest area to include the Central Interior area. regulations in Alaska for the 2008 season is closed unless opened, and the This excluded the following season. This proposed rule establishes regulations governing subsistence communities from participation in this regulations that prescribe dates when harvest of migratory birds in Alaska are harvest: Big Delta/Fort Greely, Healy, harvesting of birds may occur, species subject to public review and annual McKinley Park/Village and Ferry, with that can be taken, and methods and approval. The Alaska Migratory Bird Co- a combined population of 2,812. These means excluded from use. These management Council (Co-management removed communities reduced the regulations were developed under a Co- Council) held a meeting in April 2007 percentage of the State population management process involving the to develop recommendations for included in the subsistence harvest to Service, the Alaska Department of Fish changes effective for the 2008 harvest 13 percent. and Game, and Alaska Native season. These recommendations were Subsistence harvest has been representatives. These regulations presented to the Service Regulations monitored for the past 15 years through enable the continuation of customary Committee (SRC) on August 1 and 2, the use of annual household surveys in and traditional subsistence uses of 2007, and were approved. the most heavily used subsistence migratory birds in Alaska. The This rule proposes regulations for the harvest areas, e.g., Yukon/Kuskokwim rulemaking is necessary because the taking of migratory birds for subsistence Delta. Continuation of this monitoring regulations governing the subsistence uses in Alaska during 2008. This rule enables tracking of any major changes or harvest of migratory birds in Alaska are lists migratory bird species that are trends in levels of harvest and user subject to annual review. This proposed to be open or closed to participation after legalization of the rulemaking proposes region-specific harvest, as well as proposed season harvest. The Office of Management and regulations that go into effect on April openings and closures by region. Budget (OMB) has approved the 2, 2008, and expire on August 31, 2008. information collection and assigned How Will the Service Continue To OMB control number 1018–0124, which DATES: Comments on the proposed Ensure That the Subsistence Harvest expires on January 31, 2010. subsistence harvest regulations for Will Not Raise Overall Migratory Bird migratory birds in Alaska must be Harvest? What Birds Will Be Open To Harvest in submitted by December 14, 2007. The Service has an emergency closure 2008? ADDRESSES: You may submit comments provision (§ 92.21), so that if any At the request of the North Slope on this proposed rule by any of the significant increases in harvest are Borough Fish and Game Management following methods: documented for one or more species in Committee, the Co-management Council 1. U.S. mail or hand delivery: a region, an emergency closure can be recommended continuing into 2008 the Regional Director, Alaska Region, U.S. requested and implemented. Eligibility provisions originally established in Fish and Wildlife Service, 1011 E. to harvest under the regulations 2005 to allow subsistence use of yellow- Tudor Road, Anchorage, AK 99503. established in 2003 was limited to billed loons inadvertently caught in 2. Fax: (907) 786–3306. permanent residents, regardless of race, subsistence fishing (gill) nets on the 3. E-mail: [email protected]. in villages located within the Alaska North Slope. Yellow-billed loons are 4. Federal e-rulemaking portal: Peninsula, Kodiak Archipelago, the culturally important for the Inupiat http://www.regulations.gov. Follow the Aleutian Islands and in areas north and Eskimo of the North Slope for use in instructions on the site for submitting west of the Alaska Range (§ 92.5). These traditional dance regalia. A maximum of comments. geographical restrictions opened the 20 yellow-billed loons may be caught in FOR FURTHER INFORMATION CONTACT: Fred initial subsistence migratory bird 2008 pursuant to this provision. Armstrong, (907) 786–3887, or Donna harvest to only about 13 percent of Individual reporting to the North Slope Dewhurst, (907) 786–3499, U.S. Fish Alaska residents. High-population areas Borough Department of Wildlife is and Wildlife Service, 1011 E. Tudor such as Anchorage, the Matanuska- required by the end of each season. In

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addition, the North Slope Borough has Kodiak Archipelago to extend the early of the main courses served to the entire asked fishermen, through season 10 days until June 30 for seabird community and visiting guests is duck announcements on the radio and harvesting (closed period would then be and geese soup. Black brant is one type through personal contact, to report all July 1–31), and remain the same for all of goose that is harvested specifically for entanglements of loons to better other birds. This proposal was requested the Nalukataq feast. estimate the levels of injury or mortality by the Kodiak Regional Advisory caused by gill nets. In 2006, two yellow- Council to allow for variations in the Public Availability of Comments billed loons were reported taken in nesting phenology of seabirds, primarily Before including your address, phone fishing nets and an additional one was to accommodate egg gathering on the number, e-mail address, or other found alive in a net and released. This later-nesting black-legged kittiwakes. personal identifying information in your provision, to allow subsistence We are proposing to amend the comment, you should be aware that possession and use of yellow-billed migratory bird harvest seasons for the your entire comment—including your loons caught in fishing gill nets, is Northwest Arctic Region to move the personal identifying information—may subject to annual review and renewal by seabird egg-gathering season start date be made publicly available at any time. the SRC. from July 3 to May 20. This proposal While you can ask us in your comment We are proposing to consolidate the was requested by the Maniilaq to withhold your personal identifying lists of birds closed and open to harvest Association to accommodate harvesting information from public review, we (currently in §§ 92.31 and 92.32, of gull eggs, primarily glaucous, cannot guarantee that we will be able to respectively) into one open list and to glaucous-winged, mew and Sabine’s do so. move this list to subpart C (permanent gulls. Gulls typically initiate egg laying regulations at § 92.22). We would also earlier than other seabirds such as Statutory Authority add the following clarifying statement: alcids. We derive our authority to issue these ‘‘You may harvest birds or gather eggs We are proposing to add a special regulations from the Migratory Bird from the following species, listed in brant open season from June 20 through Treaty Act of 1918, 16 U.S.C. 712(1), taxonomic order, within all included July 5 for the coastline surrounding which authorizes the Secretary of the regions. When birds are listed at the Wainwright within the Southern Unit of Interior, in accordance with the treaties species level, all subspecies existing in the North Slope Region. The open area with Canada, Mexico, Japan, and Russia, Alaska are also open to harvest. All bird would consist of the coastline, from to ‘‘issue such regulations as may be species not listed are closed to mean high water line outward to necessary to assure that the taking of harvesting and egg gathering.’’ We include open water, from Nokotlek migratory birds and the collection of ° ′ excluded some bird species from the list Point east to longitude line 158 30 W. their eggs, by the indigenous inhabitants purely on the basis of current This proposal would allow for harvest of the State of Alaska, shall be permitted population concerns, and we will of non-nesting, failed nesting, and sub- for their own nutritional and other reopen the harvest of these species if adult black brant migrating from essential needs, as determined by the their population status improves. This western Alaska to their molting areas on Secretary of the Interior, during seasons proposal was requested by the Executive the North Slope. This proposal was established so as to provide for the Director of the Alaska Migratory Bird requested by the North Slope Borough preservation and maintenance of stocks Co-management Council. By going from Department of Wildlife Management to of migratory birds.’’ two bird lists, an open list and a closed allow for the continuation of list, to just an open list, we could save Wainwright’s customary and traditional Required Determinations thousands of dollars per year. Up until harvest of brant (non- or failed nesters Executive Order 12866 now, we have been printing both lists in and sub-adult) migrating to their the Federal Register each year, at both molting areas. This would be a very Executive Order 12866 requires each the proposed and final rule stage. This limited harvest of migrating brant only, agency to write regulations that are easy action would also clarify and simplify to be used for a traditional celebration to understand. We invite your the regulations as to which bird species after a successful whaling season. comments on how to make this rule can be legally harvested, eliminating the Black brant (Niglingaq) are a very easier to understand, including answers confusion caused by situations when important subsistence resource to the to questions such as the following: birds are not listed anywhere but are Wainwright Inupiat. The most (1) Are the requirements in the rule illegal to harvest, such as all Passerines. concentrated hunting for brant takes clearly stated? place along the beach as brant migrate (2) Does the rule contain technical What Is Proposed for Change in the in large flocks northward during the language or jargon that interferes with Region-Specific Regulations for 2008? months of May and June. Often people its clarity? We are proposing to remove from the hunting brant and eiders stay at (3) Does the format of the rule 2006–07 regulation the Special Area traditional campsites along the coastline (grouping and order of sections, use of Closure in the Yukon/Kuskokwim Delta within a day’s travel of Wainwright. headings, paragraphing, etc.) aid or Region that included the goose colonies One or several families set up tents on reduce its clarity? in Kokechik Bay, Tutakoke River, the sand or atop banks and may remain (4) Would the rule be easier to Kigigak Island Colony, Baird Peninsula, there for several days. Brant hunters understand if it were divided into more and Baird Island. This proposal was may sit in driftwood blinds on the beach (but shorter) sections? requested by the Association of Village near camp if the birds are flying (5) Is the description of the rule in the Council Presidents. Removal of this overhead, or they may go out onto the ‘‘Supplementary Information’’ section of Special Area Closure would make the ice if birds are flying more offshore. the preamble helpful in understanding regulation consistent with the Pacific Much of the brant harvest in June is in the rule? Flyway recommendation to place the preparation for Nalukataq (blanket toss). (6) What else could we do to make the harvest of brant under a less restrictive Nalukataq is a traditional community rule easier to understand? status. feast and celebration for successful Send a copy of any comments We are proposing to amend the whaling crews, which is usually held regarding how we could make this rule migratory bird harvest seasons for the mid-to-late June. At this celebration, one easier to understand to: Office of

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Regulatory Affairs, Department of the national regulatory process as the Unfunded Mandates Reform Act Interior, Room 7229, 1849 C Street NW., existing migratory bird hunting We have determined and certified Washington, DC 20240. You may also e- regulations in 50 CFR part 20. pursuant to the Unfunded Mandates mail the comments to this address: Regulatory Flexibility Act Reform Act (2 U.S.C. 1501 et seq.) that [email protected]. this rule will not impose a cost of $100 OMB has determined that this The Department of the Interior million or more in any given year on document is not a significant rule certifies that this rule will not have a local, State, or tribal governments or subject to OMB review under Executive significant economic effect on a private entities. A statement containing Order 12866. substantial number of small entities as the information required by this Act is (a) This rule will not have an annual defined under the Regulatory Flexibility economic effect of $100 million or more therefore not necessary. Participation on Act (5 U.S.C. 601 et seq.). An initial regional management bodies and the Co- or adversely affect an economic sector, regulatory flexibility analysis is not productivity, jobs, the environment, or management Council will require travel required. Accordingly, a Small Entity expenses for some Alaska Native other units of government. The rule Compliance Guide is not required. The does not provide for new or additional organizations and local governments. In rule legalizes a pre-existing subsistence hunting opportunities, and therefore, addition, they will assume some activity, and the resources harvested will have minimal economic or expenses related to coordinating will be consumed by the harvesters or environmental impact. This rule involvement of village councils in the persons within their local community. benefits those participants who engage regulatory process. Total coordination in the subsistence harvest of migratory Small Business Regulatory Enforcement and travel expenses for all Alaska birds in Alaska in two identifiable ways: Fairness Act Native organizations are estimated to be First, participants receive the less than $300,000 per year. In the consumptive value of the birds This rule is not a major rule under 5 Notice of Decision (65 FR 16405; March harvested; and second, participants get U.S.C. 804(2), the Small Business 28, 2000), we identified 12 partner the cultural benefit associated with the Regulatory Enforcement Fairness Act, as organizations (Alaska Native non-profits maintenance of a subsistence economy discussed in the Executive Order 12866 and local governments) to administer and way of life. The Service can section above. the regional programs. The Alaska estimate the consumptive value for (a) This rule will not have an annual Department of Fish and Game will also birds harvested under this rule but does effect on the economy of $100 million incur expenses for travel to Co- not have a dollar value for the cultural or more. It will legalize and regulate a management Council and regional benefit of maintaining a subsistence traditional subsistence activity. It will management body meetings. In economy and way of life. not result in a substantial increase in addition, the State of Alaska will be The economic value derived from the subsistence harvest or a significant required to provide technical staff consumption of the harvested migratory change in harvesting patterns. The support to each of the regional birds has been estimated using the commodities being regulated under this management bodies and to the Co- results of a paper by Robert J. Wolfe rule are migratory birds. This rule deals management Council. Expenses for the titled ‘‘Subsistence Food Harvests in with legalizing the subsistence harvest State’s involvement may exceed Rural Alaska, and Food Safety Issues’’ of migratory birds and, as such, does not $100,000 per year, but should not (August 13, 1996). Using data from involve commodities traded in the exceed $150,000 per year. When Wolfe’s paper and applying it to the marketplace. A small economic benefit funding permits, we make annual grant areas that will be included in this from this rule derives from the sale of agreements available to the partner process, we determined a maximum equipment and ammunition to carry out organizations and the Alaska economic value of $6 million. This is subsistence hunting. Most, if not all, Department of Fish and Game to help the estimated economic benefit of the businesses that sell hunting equipment offset their expenses. consumptive part of this rule for in rural Alaska would qualify as small Paperwork Reduction Act participants in subsistence hunting. The businesses. We have no reason to cultural benefits of maintaining a believe that this rule will lead to a This rule has been examined under subsistence economy and way of life disproportionate distribution of the Paperwork Reduction Act of 1995 can be of considerable value to the benefits. and has been found to contain no participants, and these benefits are not information collection requirements. We (b) This rule will not cause a major included in this figure. have, however, received OMB approval (b) This rule will not create increase in costs or prices for of associated voluntary annual inconsistencies with other agencies’ consumers; individual industries; household surveys used to determine actions. We are the Federal agency Federal, State, or local government levels of subsistence take. The OMB responsible for the management of agencies; or geographic regions. This control number for the information migratory birds, and coordinate with the rule does not deal with traded collection is 1018–0124, which expires State of Alaska’s Department of Fish and commodities and, therefore, does not on January 31, 2010. An agency may not Game on management programs within have an impact on prices for consumers. conduct or sponsor and a person is not Alaska. The State of Alaska is a member (c) This rule does not have significant required to respond to a collection of of the Alaska Migratory Bird Co- adverse effects on competition, information unless it displays a management Council. employment, investment, productivity, currently valid OMB control number. (c) This rule will not materially affect innovation, or the ability of U.S.-based Federalism Effects entitlements, grants, user fees, loan enterprises to compete with foreign- programs, or the rights and obligations based enterprises. This rule deals with As discussed in the Executive Order of their recipients. The rule does not the harvesting of wildlife for personal 12866 and Unfunded Mandates Reform affect entitlement programs. consumption. It does not regulate the Act sections above, this rule does not (d) This rule will not raise novel legal marketplace in any way to generate have sufficient federalism implications or policy issues. The subsistence harvest effects on the economy or the ability of to warrant the preparation of a regulations will go through the same businesses to compete. Federalism Assessment under Executive

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Order 13132. We worked with the State National Environmental Policy Act (a) Family Anatidae. of Alaska on development of these Consideration (1) Greater White-fronted Goose regulations. The annual regulations and options (Anser albifrons). were considered in the Environmental (2) Snow Goose (Chen caerulescens). Civil Justice Reform—Executive Order (3) Lesser Canada Goose (Branta Assessment, ‘‘Managing Migratory Bird 12988 canadensis parvipes). Subsistence Hunting in Alaska: Hunting (4) Taverner’s Canada Goose (Branta The Department, in promulgating this Regulations for the 2008 Spring/ canadensis taverneri). rule, has determined that it will not Summer Harvest,’’ issued August 15, (5) Aleutian Canada Goose (Branta unduly burden the judicial system and 2007. Copies are available from the canadensis leucopareia)—except in the that it meets the requirements of address indicated under the caption Semidi Islands. sections 3(a) and 3(b)(2) of Executive ADDRESSES. Order 12988. (6) Cackling Canada Goose (Branta Energy Supply, Distribution, or Use canadensis minima)—except no egg Takings Implication Assessment (Executive Order 13211) gathering is permitted. This rule is not specific to particular On May 18, 2001, the President issued (7) Black Brant (Branta bernicla land ownership, but applies to the Executive Order 13211 on regulations nigricans)—except no egg gathering is harvesting of migratory bird resources that significantly affect energy supply, permitted in the Yukon/Kuskokwim throughout Alaska. Therefore, in distribution, and use. Executive Order Delta and the North Slope regions. (8) Tundra Swan (Cygnus accordance with Executive Order 12630, 13211 requires agencies to prepare columbianus)—except in Units 9(D) and this rule does not have significant taking Statements of Energy Effects when 10. implications. undertaking certain actions. Because (9) Gadwall (Anas strepera). this rule would allow only for Government-to-Government Relations (10) Eurasian Wigeon (Anas traditional subsistence harvest and With Native American Tribal penelope). would improve conservation of Governments (11) American Wigeon (Anas migratory birds by allowing effective americana). In accordance with the President’s regulation of this harvest, it is not a memorandum of April 29, 1994, (12) Mallard (Anas platyrhynchos). significant regulatory action under (13) Blue-winged Teal (Anas discors). ‘‘Government-to-Government Relations Executive Order 12866. Consequently, it With Native American Tribal (14) Northern Shoveler (Anas is not expected to significantly affect clypeata). Governments’’ (59 FR 22951), and energy supplies, distribution, and use. Executive Order 13175 (65 FR 67249; (15) Northern Pintail (Anas acuta). Therefore, this action is not a significant (16) Green-winged Teal (Anas crecca). November 6, 2000), concerning energy action under Executive Order (17) Canvasback (Aythya valisineria). consultation and coordination with 13211 and no Statement of Energy (18) Redhead (Aythya americana). Indian Tribal Governments, we have Effects is required. (19) Ring-necked Duck (Aythya consulted with Alaska tribes and collaris). evaluated the rule for possible effects on List of Subjects in 50 CFR Part 92 (20) Greater Scaup (Aythya marila). tribes or trust resources, and have Exports, Hunting, Imports, Reporting (21) Lesser Scaup (Aythya affinis). determined that there are no significant and recordkeeping requirements, (22) King Eider (Somateria effects. The rule will legally recognize Subsistence, Treaties, Wildlife. spectabilis). the subsistence harvest of migratory For the reasons set out in the (23) Common Eider (Somateria birds and their eggs for tribal members, preamble, we propose to amend title 50, mollissima). as well as for other indigenous chapter I, subchapter G, of the Code of (24) Harlequin Duck (Histrionicus inhabitants. Federal Regulations as follows: histrionicus). Endangered Species Act Consideration (25) Surf Scoter (Melanitta PART 92—MIGRATORY BIRD perspicillata). Prior to issuance of annual spring and SUBSISTENCE HARVEST IN ALASKA (26) White-winged Scoter (Melanitta summer subsistence regulations, we will fusca). comply with the requirments of section 1. The authority citation for part 92 continues to read as follows: (27) Black Scoter (Melanitta nigra). 7 of the Endangered Species Act of 1973 (28) Long-tailed Duck (Clangula (16 U.S.C. 1536; hereinafter the Act) to Authority: 16 U.S.C. 703–712. hyemalis). ensure that these regulations are not Subpart C—General Regulations (29) Bufflehead (Bucephala albeola). likely to jeopardize the continued (30) Common Goldeneye (Bucephala Governing Subsistence Harvest existence of any species listed as clangula). endangered or threatened, or destroy or 2. In subpart C, add § 92.22 to read as (31) Barrow’s Goldeneye (Bucephala adversely modify any designated critical follows: islandica). habitats for such species, and that they (32) Hooded Merganser (Lophodytes are consistent with conservation § 92.22 Subsistence migratory bird cucullatus). programs for those species. species. (33) Common Merganser (Mergus Consultations under Section 7 of the Act You may harvest birds or gather eggs merganser). conducted in connection with the from the following species, listed in (34) Red-breasted Merganser (Mergus environmental assessment for the taxonomic order, within all included serrator). annual subsistence take regulations may areas except Southeast Alaska, which is (b) Family Gaviidae. cause us to change these regulations. restricted to Glaucous-winged gull egg (1) Red-throated Loon (Gavia stellata). Our biological opinion resulting from harvesting only. When birds are listed at (2) Arctic Loon (Gavia arctica). the Section 7 consultation is a public the species level, all subspecies existing (3) Pacific Loon (Gavia pacifica). document available for public in Alaska are also open to harvest. All (4) Common Loon (Gavia immer). inspection at the address indicated bird species not listed are closed to (5) Yellow-billed Loon (Gavia under the caption ADDRESSES. harvesting and egg gathering. adamsii)—In the North Slope Region

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only, a total of up to 20 yellow-billed (6) Herring Gull (Larus argentatus). (ii) Closure: July 16–August 15. loons inadvertently caught in fishing (7) Slaty-backed Gull (Larus (b) Yukon/Kuskokwim Delta Region. nets may be kept for subsistence schistisagus). (1) Season: April 2–August 31. purposes. (8) Glaucous-winged Gull (Larus (2) Closure: 30-day closure dates to be (c) Family Podicipedidae. glaucescens). announced by the Service’s Alaska (1) Horned Grebe (Podiceps auritus). (9) Glaucous Gull (Larus Regional Director or his designee, after (2) Red-necked Grebe (Podiceps hyperboreus). consultation with local subsistence grisegena). (10) Sabine’s Gull (Xema sabini). users, field biologists, and the (d) Family Procellariidae. (11) Black-legged Kittiwake (Rissa Association of Village Council (1) Northern Fulmar (Fulmarus tridactyla). President’s Waterfowl Conservation glacialis). (12) Red-legged Kittiwake (Rissa Committee. This 30-day period will (2) [Reserved]. brevirostris). occur between June 1 and August 15 of (e) Family Phalacrocoracidae. (13) Ivory Gull (Pagophila eburnea). each year. A press release announcing (1) Double-crested Cormorant (14) Arctic Tern (Sterna paradisaea). the actual closure dates will be (Phalacrocorax auritus). (15) Aleutian Tern (Sterna aleutica). forwarded to regional newspapers and (2) Pelagic Cormorant (Phalacrocorax (k) Family Alcidae. radio and television stations and posted pelagicus). (1) Common Murre (Uria aalge). in village post offices and stores. (f) Family Gruidae. (2) Thick-billed Murre (Uria lomvia). (3) Special Black Brant and Cackling (1) Sandhill Crane (Grus canadensis). (3) Black Guillemot (Cepphus grylle). Goose Season Hunting Closure: From (2) [Reserved]. (4) Pigeon Guillemot (Cepphus the period when egg laying begins until (g) Family Charadriidae. columba). young birds are fledged. Closure dates to (1) Black-bellied Plover (Pluvialis (5) Cassin’s Auklet (Ptychoramphus be announced by the Service’s Alaska squatarola). aleuticus). Regional Director or his designee, after (2) Common Ringed Plover (6) Parakeet Auklet (Aethia consultation with field biologists and (Charadrius hiaticula). psittacula). the Association of Village Council (h) Family Haematopodidae. (7) Least Auklet (Aethia pusilla). President’s Waterfowl Conservation (1) Black Oystercatcher (Haematopus (8) Whiskered Auklet (Aethia Committee. A press release announcing bachmani). pygmaea). the actual closure dates will be (2) [Reserved]. (9) Crested Auklet (Aethia cristatella). forwarded to regional newspapers and (i) Family Scolopacidae. (10) Rhinoceros Auklet (Cerorhinca radio and television stations and posted (1) Greater Yellowlegs (Tringa monocerata). in village post offices and stores. melanoleuca). (11) Horned Puffin (Fratercula (c) Bristol Bay Region. (2) Lesser Yellowlegs (Tringa corniculata). (1) Season: April 2–June 14 and July flavipes). (12) Tufted Puffin (Fratercula 16–August 31 (general season); April 2– (3) Spotted Sandpiper (Actitis cirrhata). July 15 for seabird egg gathering only. macularia). (l) Family Strigidae. (2) Closure: June 15–July 15 (general (4) Bar-tailed Godwit (Limosa (1) Great Horned Owl (Bubo season); July 16–August 31 (seabird egg lapponica). virginianus). gathering). (5) Ruddy Turnstone (Arenaria (2) Snowy Owl (Nyctea scandiaca). (d) Bering Strait/Norton Sound interpres). Region. Subpart D—Annual Regulations (6) Semipalmated Sandpiper (Calidris (1) Stebbins/St. Michael Area (Point Governing Subsistence Harvest pusilla). Romanof to Canal Point): (7) Western Sandpiper (Calidris 3. In subpart D, revise § 92.31 to read (i) Season: April 15–June 14 and July mauri). as follows: 16–August 31. (8) Least Sandpiper (Calidris (ii) Closure: June 15–July 15. minutilla). § 92.31 Region-specific regulations. (2) Remainder of the region: (9) Baird’s Sandpiper (Calidris The 2008 season dates for the eligible (i) Season: April 2–June 14 and July bairdii). subsistence harvest areas are as follows: 16–August 31 for waterfowl; April 2– (10) Sharp-tailed Sandpiper (Calidris (a) Aleutian/Pribilof Islands Region. July 19 and August 21–August 31 for all acuminata). (1) Northern Unit (Pribilof Islands): other birds. (11) Dunlin (Calidris alpina). (i) Season: April 2–June 30. (ii) Closure: June 15–July 15 for (12) Long-billed Dowitcher (ii) Closure: July 1–August 31. waterfowl; July 20–August 20 for all (Limnodromus scolopaceus). (2) Central Unit (Aleut Region’s other birds. (13) Common Snipe (Gallinago eastern boundary on the Alaska (e) Kodiak Archipelago Region, except gallinago). Peninsula westward to and including for the Kodiak Island roaded area, is (14) Red-necked phalarope Unalaska Island): closed to the harvesting of migratory (Phalaropus lobatus). (i) Season: April 2–June 15 and July birds and their eggs. The closed area (15) Red phalarope (Phalaropus 16–August 31. consists of all lands and waters fulicaria). (ii) Closure: June 16–July 15. (including exposed tidelands) east of a (j) Family Laridae. (iii) Special Black Brant Season line extending from Crag Point in the (1) Pomarine Jaeger (Stercorarius Closure: August 16–August 31, only in north to the west end of Saltery Cove in pomarinus). Izembek and Moffet lagoons. the south and all lands and water south (2) Parasitic Jaeger (Stercorarius (iv) Special Tundra Swan Closure: All of a line extending from Termination parasiticus). hunting and egg gathering closed in Point along the north side of Cascade (3) Long-tailed Jaeger (Stercorarius units 9(D) and 10. Lake extending to Anton Larson Bay. longicaudus). (3) Western Unit (Umnak Island west Waters adjacent to the closed area are (4) Bonaparte’s Gull (Larus to and including Attu Island): closed to harvest within 500 feet from philadelphia). (i) Season: April 2–July 15 and August the water’s edge. The offshore islands (5) Mew Gull (Larus canus). 16–August 31. are open to harvest.

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(1) Season: April 2–June 30 and July inadvertently in subsistence fishing nets (2) Communities of Craig and 31–August 31 for seabirds; April 2–June in the North Slope Region and kept for Hydaburg (Harvest area: Small islands 20 and July 22–August 31 for all other subsistence use. Individuals must report and adjacent shoreline of western Prince birds. each yellow-billed loon inadvertently of Wales Island from Point Baker to (2) Closure: July 1–July 30 for caught while subsistence gill net fishing Cape Chacon, but also including seabirds; June 21–July 21 for all other to the North Slope Borough Department Coronation and Warren islands). birds. of Wildlife Management by the end of (i) Season: Glaucous-winged gull egg (f) Northwest Arctic Region. the season. gathering only: May 15–June 30. (1) Season: April 2–June 9 and August (h) Interior Region. (ii) Closure: July 1–August 31. 15–August 31 (hunting in general); (1) Season: April 2–June 14 and July (3) Community of Yakutat (Harvest waterfowl egg gathering May 20–June 9 16–August 31; egg gathering May 1–June area: Icy Bay [Icy Cape to Pt. Riou], and only; seabird egg gathering May 20–July 14 only. coastal lands and islands bordering the 12 only; hunting molting/non-nesting (2) Closure: June 15–July 15. Gulf of Alaska from Pt. Manby southeast waterfowl July 1–July 31 only. (i) Upper Copper River Region to Dry Bay). (2) Closure: June 10–August 14, (Harvest Area: State of Alaska Game (i) Season: Glaucous-winged gull egg except for the taking of seabird eggs and Management Units 11 and 13) (Eligible gathering only: May 15–June 30. molting/non-nesting waterfowl as communities: Gulkana, Chitina, Tazlina, (ii) Closure: July 1–August 31. provided in paragraph (f)(1) of this Copper Center, Gakona, Mentasta Lake, section. Chistochina and Cantwell). §§ 92.32 and 92.33 [Removed and Reserved] (g) North Slope Region. (1) Season: April 15–May 26 and June (1) Southern Unit (Southwestern 27–August 31. 4. Remove and reserve §§ 92.32 and North Slope regional boundary east to (2) Closure: May 27–June 26. 92.33. Peard Bay, everything west of the (3) The Copper River Basin Dated: September 24, 2007. ° ′ longitude line 158 30 W and south of communities listed above also David M. Verhey, ° ′ the latitude line 70 45 N to the west documented traditional use harvesting Acting Assistant Secretary for Fish and bank of the Ikpikpuk River, and birds in Unit 12, making them eligible Wildlife and Parks. everything south of the latitude line to hunt in this unit using the seasons [FR Doc. E7–20243 Filed 10–12–07; 8:45 am] 69°45′ N between the west bank of the specified in paragraph (h) of this BILLING CODE 4310–55–P Ikpikpuk River to the east bank of section. Sagavinirktok River): (j) Gulf of Alaska Region. (i) Season: April 2–June 29 and July (1) Prince William Sound Area DEPARTMENT OF COMMERCE 30–August 31 for seabirds; April 2–June (Harvest area: Unit 6[D]), (Eligible 19 and July 20–August 31 for all other Chugach communities: Chenega Bay, National Oceanic and Atmospheric birds. Tatitlek). Administration (ii) Closure: June 30–July 29 for (i) Season: April 2–May 31 and July seabirds; June 20–July 19 for all other 1–August 31. 50 CFR Part 216 birds. (ii) Closure: June 1–30. (iii) Special Black Brant Hunting (2) Kachemak Bay Area (Harvest area: [Docket No. 070809454–7459–01] Opening: From June 20–July 5. The Unit 15[C] South of a line connecting RIN 0648–AV82 open area would consist of the the tip of Homer Spit to the mouth of coastline, from mean high water line Fox River) (Eligible Chugach Marine Mammals; Advance Notice of outward to include open water, from Communities: Port Graham, Nanwalek). Proposed Rulemaking Nokotlek Point east to longitude line (i) Season: April 2–May 31 and July AGENCY: National Marine Fisheries ° ′ 1–August 31. 158 30 W. This includes Peard Bay, Service (NMFS), National Oceanic and Kugrua Bay, and Wainwright Inlet, but (ii) Closure: June 1–30. (k) Cook Inlet (Harvest area: Portions Atmospheric Administration (NOAA), not the Kuk and Kugrua river drainages. Commerce. (2) Northern Unit (At Peard Bay, of Unit 16[B] as specified below) everything east of the longitude line (Eligible communities: Tyonek only). ACTION: Advance notice of proposed 158°30′ W and north of the latitude line (1) Season: April 2–May 31—That rulemaking (ANPR); extension of 70°45′ N to west bank of the Ikpikpuk portion of Unit 16(B) south of the comment period. Skwentna River and west of the Yentna River, and everything north of the SUMMARY: On September 13, 2007, ° ′ River, and August 1–31—That portion latitude line 69 45 N between the west NMFS published an ANPR soliciting of Unit 16(B) south of the Beluga River, bank of the Ikpikpuk River to the east public comments on revisions to its Beluga Lake, and the Triumvirate bank of Sagavinirktok River): implementing regulations at 50 CFR part Glacier. (i) Season: April 6–June 6 and July 7– 216 governing the issuance of permits (2) Closure: June 1–July 31. August 31 for king and common eiders; for scientific research and enhancement April 2–June 15 and July 16–August 31 (l) Southeast Alaska. (1) Community of Hoonah (Harvest activities involving marine mammals. for all other birds. Written comments were due by (ii) Closure: June 7–July 6 for king and area: National Forest lands in Icy Strait November 13, 2007. NMFS has decided common eiders; June 16–July 15 for all and Cross Sound, including Middle Pass to allow additional time for submission other birds. Rock near the Inian Islands, Table Rock of public comments on this action. (3) Eastern Unit (East of eastern bank in Cross Sound, and other traditional of the Sagavanirktok River): locations on the coast of Yakobi Island. DATES: The public comment period for (i) Season: April 2–June 19 and July The land and waters of Glacier Bay this action has been extended for 30 20–August 31. National Park remain closed to all days. Written comments must be (ii) Closure: June 20–July 19. subsistence harvesting [50 CFR 100.3]. received or postmarked by December 13, (4) All Units: Yellow-billed loons. (i) Season: Glaucous-winged gull egg 2007. Annually, up to 20 yellow-billed loons gathering only: May 15–June 30. ADDRESSES: You may submit comments total for the region may be caught (ii) Closure: July 1–August 31. by any one of the following methods:

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• E-mail: DEPARTMENT OF COMMERCE submit Confidential Business [email protected] and Information or otherwise sensitive or include in the subject line the following National Oceanic and Atmospheric protected information. document identifier: Permit Regulations Administration NMFS will accept anonymous ANPR; comments. Attachments to electronic 50 CFR Part 648 comments will be accepted in Microsoft • Via the Federal eRulemaking Portal: Word, Excel, WordPerfect, or Adobe http://www.regulations.gov; [Docket No. 070808450–7540–01] PDF file formats only. • RIN 0648–AV83 Fax: 301–427–2521, Attn: Chief, FOR FURTHER INFORMATION CONTACT: Permits, Conservation and Education Douglas Potts, Fishery Management Division (Permit Regulations ANPR); or Fisheries of the Northeastern United States; Northeast (NE) Multispecies Specialist, (978) 281–9341, FAX (978) • Mail: Chief, Permits, Conservation Fishery; Regulatory Amendment to 281–9135. and Education Division, Attn: Permit Adopt Fishing Gear Standards for the SUPPLEMENTARY INFORMATION: Regulations ANPR, Office of Protected NE Multispecies Regular B Day-At-Sea Background Resources, NMFS, 1315 East-West (DAS) Program and the Eastern U.S./ Highway, Room 13705, Silver Spring, Canada Haddock Special Access Amendment 13 to the NE MD 20910. Program (SAP) Multispecies Fishery Management Plan (FMP) differentiated DAS into three Instructions: All comments received AGENCY: National Marine Fisheries categories: Category A DAS; Category B are part of the public record and will Service (NMFS), National Oceanic and (regular and reserve) DAS; and Category generally be posted to http:// Atmospheric Administration (NOAA), C DAS. Category B DAS (regular and www.regulations.gov without change. Commerce. reserve) were intended to allow effort on All Personal Identifying Information (for ACTION: Proposed rule; request for stocks that could support additional example, name, address, etc.) comments. harvest while avoiding stocks of voluntarily submitted by the commenter concern. The final rule implementing may be publicly accessible. Do not SUMMARY: NMFS proposes to amend the Framework Adjustment (FW) 40–A submit Confidential Business regulations governing minimum (November 19, 2004, 69 FR 67780) Information or otherwise sensitive or performance standards of fishing gear created two programs that allow vessels protected information. proposed for use in both the NE to use their allocation of Category B multispecies Regular B DAS Program NMFS will accept anonymous DAS, i.e., the Eastern U.S./Canada and the Eastern U.S./Canada Haddock Haddock SAP Program and the Regular comments. Attachments to electronic SAP. Under the current regulations, the comments will be accepted in Microsoft B DAS Program. only fishing gear allowed for use in the FW 40–A specified that vessels Word, Excel, WordPerfect, or Adobe Eastern U.S./Canada Haddock SAP and PDF file formats only. fishing in the Eastern U.S./Canada the only trawl gear allowed for use in Haddock SAP must use gear that has FOR FURTHER INFORMATION CONTACT: the Regular B DAS Program is a been demonstrated not to catch Amy Sloan at (301) 713–2289. properly configured haddock separator significant amounts of cod. Upon trawl. The purpose of this rule is to implementation of FW 40–A, the only SUPPLEMENTARY INFORMATION: The ultimately provide greater flexibility to gear authorized for participation in this ANPR, published on September 13, fishermen participating in these SAP was a haddock separator trawl, as 2007 (72 FR 52339), is available upon programs. described in 50 CFR 648.85(a)(3)(iii)(A). request and can be found on the NMFS DATES: Written comments must be The FW 42 final rule (October 23, 2006, Office of Protected Resources web site: received no later than 5 p.m. local time 71 FR 62156) modified the requirements http://www.nmfs.noaa.gov/pr/permits/ on November 14, 2007. for approval of other fishing gear for use mmpalanpr.htm. ADDRESSES: You may submit comments, in the Regular B DAS Program and the Dated: October 9, 2007 identified by RIN 0648–AV83, by any Eastern U.S./Canada Haddock SAP, as P. Michael Payne, one of the following methods: specified in § 648.85(b)(6)(iv)(J)(2) and • (b)(8)(v)(E)(2), respectively. Specifically, Chief, Permits, Conservation and Education Electronic Submissions: Submit all this action authorized the Regional Division, Office of Protected Resources, electronic public comments via the National Marine Fisheries Service. Federal eRulemaking Portal http:// Administrator to approve the use of additional fishing gear in the Regular B [FR Doc. E7–20229 Filed 10–12–07; 8:45 am] www.regulations.gov • Fax: (978) 281–9135, Attn: Douglas DAS Program and the Eastern U.S./ BILLING CODE 3510–22–S Potts Canada Haddock SAP, provided the gear • Mail: Patricia A. Kurkul, Regional met performance standards to be Administrator, Northeast Region, proposed by the Council. National Marine Fisheries Service, One On June 21, 2007, the Council Blackburn Drive, Gloucester, MA approved a motion to recommend that 01930–2298. Please write on the the Regional Administrator approve the envelope: Comments on Proposed B- following gear performance standards DAS Gear Standard (RIN 0648–AV83). when considering additional gear for the Instructions: All comments received Eastern U.S./Canada Haddock SAP, or are a part of the public record and will additional trawl gear for the Regular B generally be posted to http:// DAS Program: New gear must www.regulations.gov without change. demonstrate a statistically significant All Personal Identifying Information (for reduction in catch of each regulated NE example, name, address, etc.) multispecies, and other stocks of voluntarily submitted by the commenter concern, of at least 50 percent (by may be publicly accessible. Do not weight, on a trip-by-trip basis); or the

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catch of each regulated NE multispecies, percent (by weight, on a trip-by-trip The Regional Administrator has and other stocks of concern, in the new basis), or the catch of each non-targeted determined that this proposed rule is a gear must be less than 5 percent of the regulated NE multispecies and other minor technical addition, correction, or total catch of regulated NE multispecies stocks of concern identified by the change to a management plan and is (by weight, on a trip-by-trip basis). Council in the new gear must be less therefore categorically excluded from The Council further recommended than 5 percent of the total catch of the requirement to prepare an that: These standards must be met in a regulated NE multispecies (by weight, Environmental Impact Statement or completed experiment, where on a trip-by-trip basis).’’ equivalent document under the National comparisons of new gear would be This proposed rule would also correct Environmental Policy Act. made to an appropriately selected an inadvertent omission by reinserting The Chief Counsel for Regulation of control gear, that has been reviewed relevant regulatory text specific to the the Department of Commerce certified according to the standards established U.S./Canada Management Area gear to the Chief Counsel for Advocacy of the by the Council’s research policy before requirements that was inadvertently Small Business Administration that this the gear can be considered and removed through the final rule proposed rule, if adopted, would not approved by the Regional implementing FW 42. The Amendment have a significant economic impact on Administrator; and that the requests for 13 final rule (April 27, 2004, 69 FR a substantial number of small entities. additional gear in the Regular B DAS 22906) established gear requirements for This amendment does not specifically Program and the Eastern U.S./Canada vessels participating in the Eastern U.S./ change any gear requirements. It Haddock SAP would be made by either Canada Area. Trawl vessels provides standards that must be met the Council or Executive Committee. participating in this area are required to before a new gear can be proposed for The proposed rule seeks public use either a haddock separator trawl or use in these programs. Once a gear is comment on these standards and one of two flatfish nets defined in the proposed by the Council under these NMFS’s interpretation of them. After regulations at § 648.85(a)(3)(iii)(A) and standards, then a fuller analysis of the review of the proposed performance (B). These gear requirements were environmental and/or economic impacts standards, NMFS interprets that the intended to allow vessels to harvest of its adoption may be necessary at that phrase ’’... reduction in each regulated either haddock or flatfish without time. As a result, an initial regulatory NE multispecies’’ would exclude any catching cod and other groundfish flexibility analysis is not required and NE multispecies stock, identified by the stocks not capable of supporting higher Council as not being subject to the gear none has been prepared. catch rates. An April 13, 2006, performance standard (e.g., Georges List of Subjects in 50 CFR Part 648 emergency final rule (71 FR 19348) Bank haddock in the Eastern U.S./ revised the introductory text of the Canada Haddock SAP). Further, the Fisheries, Fishing, Reporting and term ‘‘stock of concern’’ is only defined regulations at § 648.85(a)(3)(iii) to recordkeeping requirements. in the regulations for species managed accommodate revised regulatory Dated: October 9, 2007. references associated with emergency under the NE Multispecies FMP. John Oliver, However, in the proposed performance measures. However, due to an error in the regulatory text of that rule, the Deputy Assistant Administrator for standards submitted by the Council, the Operations, National Marine Fisheries term ‘‘stock of concern’’ is specific to emergency final rule inadvertently and Service. indefinitely removed the introductory non-groundfish stocks. Thus, the For the reasons set out in the Council or the Council’s Executive text at § 648.85(a)(3)(iii) from the regulations. This regulation was not preamble, NMFS proposes to amend 50 Committee, when considering CFR part 648 as follows: prospective gear for the Eastern U.S./ reinserted in the FW 42 final rule, so the Canada Haddock SAP or the Regular B current regulations do not accurately PART 648—FISHERIES OF THE DAS Program, would need to consider reflect the original gear requirements NORTHEASTERN UNITED STATES what species of concern, in addition to implemented under Amendment 13, as non-excluded NE multispecies, e.g., contained in the original introductory 1. The authority citation for part 648 monkfish or skates, should meet the text of § 648.85(a)(3)(iii). To correct this continues to read as follows: omission, this action would reinsert the criteria specified in the proposed Authority: 16 U.S.C. 1801 et seq. performance standards before the introductory text at § 648.85(a)(3)(iii) that was inadvertently removed by the 2. In § 648.14, paragraphs (a)(132) and Council or the Council’s Executive (c)(81) are revised to read as follows: Committee submits a request to the April 13, 2006, emergency final rule as Regional Administrator for approval. revised by this rule to allow additional § 648.14 Prohibitions. fishing gear that may be approved for The performance standards, as (a) * * * interpreted by NMFS, and as proposed use in the Regular B DAS Program and the Eastern U.S./Canada Haddock SAP. (132) If fishing with trawl gear under in this rule, would therefore read as a NE multispecies DAS in the Eastern follows: ‘‘The Regional Administrator Classification U.S./Canada Area defined in may authorize additional gear for use in § 648.85(a)(1)(ii), fail to fish with a the Regular B DAS Program (or the Pursuant to section 304 (b)(1)(A) of haddock separator trawl or a flounder Eastern U.S./Canada Haddock SAP, as the Magnuson-Stevens Act, the NMFS trawl net, as specified in applicable) through notice consistent Assistant Administrator has determined § 648.85(a)(3)(iii); unless using other with all applicable law. The new gear that this proposed rule is consistent gear as authorized under § 648.85 (b)(6) must demonstrate a statistically with the NE Multispecies FMP, other or (b)(8). significant reduction in catch of provisions of the Magnuson-Stevens regulated NE multispecies, other than Act, and other applicable law, subject to * * * * * regulated NE multispecies identified by further consideration after public (c) * * * the Council as not being subject to this comment. (81) If fishing with trawl gear in the gear performance standard, and other This proposed rule has been Regular B DAS Program specified in non-groundfish stocks of concern determined to be not significant for § 648.85(b)(6), fail to use a haddock identified by the Council, of at least 50 purposes of Executive Order 12866. separator trawl as described under

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§ 648.85(a)(3)(iii)(A); or other gear as trawl net in this paragraph (a)(3)(iii) 50 percent (by weight, on a trip-by-trip authorized under § 648.85(b)(6)(iv)(J). may be further specified by the Regional basis) of regulated species, unless * * * * * Administrator through publication of otherwise specified in this paragraph, 3. In § 648.85, paragraphs (a)(3)(iii) such specifications in the Federal and other stocks of concern identified introductory text is added and Register, consistent with the by the Council. This does not apply to paragraphs (b)(6)(iv)(J)(2) and requirements of the Administrative regulated species identified by the (b)(8)(v)(E)(2) are revised to read as Procedure Act. Council as not being subject to gear follows: * * * * * performance standards; or (ii) The catch of each regulated § 648.85 Special management programs. (b) * * * (6) * * * species, unless otherwise specified in (a) * * * this paragraph, and other stocks of (3) * * * (iv) * * * (iii) Gear requirements. NE (J) * * * concern identified by the Council, must multispecies vessels fishing with trawl (2) Approval of additional gear. At the be less than five percent of the total gear in the Eastern U.S./Canada Area request of the Council or the Council’s catch of regulated NE multispecies (by defined in paragraph (a)(1)(ii) of this Executive Committee, the Regional weight, on a trip-by-trip basis). This section, unless otherwise provided in Administrator may authorize additional does not apply to regulated species paragraphs (b)(6) and (b)(8) of this gear for use in the Regular B DAS identified by the Council as not being section, must fish with a haddock Program, through notice consistent with subject to gear performance standards. separator trawl or a flounder trawl net, the Administrative Procedure Act. The * * * * * as described in paragraphs (a)(3)(iii)(A) proposed gear must satisfy standards (8) * * * and (B) of this section (both nets may be specified in paragraph (b)(6)(iv)(J)(2)(i) (v) * * * or (ii) of this section in a completed onboard the fishing vessel (E) * * * simultaneously). Gear other than the experiment that has been reviewed (2) Approval of additional gear. The haddock separator trawl or the flounder according to the standards established Regional Administrator may authorize trawl net as described in paragraph by the Council’s research policy before additional gear for use in the Eastern (a)(3)(iii) of this section, or gear the gear can be considered and authorized under paragraphs (b)(6) and approved by the Regional U.S./Canada Haddock SAP in (b)(8) of this section, may be on board Administrator. Comparisons of the accordance with the standards and the vessel during a trip to the Eastern criteria specified in this paragraph requirements specified at U.S./Canada Area, provided the gear is (b)(6)(iv)(J)(2) will be made to an § 648.85(b)(6)(iv)(J)(2). stowed according to the regulations at appropriately selected control gear. * * * * * § 648.23(b). The description of the (i) The gear must show a statistically [FR Doc. E7–20279 Filed 10–12–07; 8:45 am] haddock separator trawl and flounder significant reduction in catch of at least BILLING CODE 3510–22–S

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Notices Federal Register Vol. 72, No. 198

Monday, October 15, 2007

This section of the FEDERAL REGISTER recommended for inclusion on future FOR FURTHER INFORMATION CONTACT: For contains documents other than rules or Joint Board examinations in actuarial information concerning AQI program proposed rules that are applicable to the mathematics, pension law and operations, contact Mr. William E. public. Notices of hearings and investigations, methodology referred to in 29 U.S.C. Thomas, Director for Quarantine Policy, committee meetings, agency decisions and 1242(a)(1)(B). rulings, delegations of authority, filing of Analysis and Support, PPQ, APHIS, petitions and applications and agency A determination has been made as 4700 River Road Unit 60, Riverdale, MD statements of organization and functions are required by section 10(d) of the Federal 20737–1231; (301) 734–5214. For examples of documents appearing in this Advisory Committee Act, 5 U.S.C. App., information concerning user fee rate section. that the subject of the meeting falls development, contact Mrs. Kris Caraher, within the exception to the open Section Head, User Fees Section, meeting requirement set forth in Title 5 Financial Services Branch, FMD, JOINT BOARD FOR THE U.S.C. 552b(c)(9)(B), and that the public MRPBS, APHIS, 4700 River Road Unit ENROLLMENT OF ACTUARIES interest requires that such meeting be 54, Riverdale, MD 20737–1232, (301) closed to public participation. Meeting of the Advisory Committee; 734–5901. Meeting Dated: September 19, 2007. Patrick W. McDonough, SUPPLEMENTARY INFORMATION: User fees AGENCY: Joint Board for the Enrollment Executive Director, Joint Board for the to recover the costs of providing of Actuaries. Enrollment of Actuaries . inspections of certain commercial ACTION: Notice of Federal Advisory [FR Doc. E7–20184 Filed 10–12–07; 8:45 am] conveyances are found in 7 CFR part Committee meeting. BILLING CODE 4830–01–P 354 (referred to below as the regulations). These user fees are SUMMARY: The Executive Director of the authorized by Section 2509(a) of the Joint Board for the Enrollment of DEPARTMENT OF AGRICULTURE Food, Agriculture, Conservation and Actuaries gives notice of a closed Trade Act of 1990, as amended (21 meeting of the Advisory Committee on U.S.C. 136a), which authorizes the Actuarial Examinations. Animal and Plant Health Inspection Service collection of user fees for agricultural DATES: The meeting will be held on quarantine and inspection (AQI) October 19, 2007, from 8:30 a.m. to 5 [Docket No. APHIS–2007–0113] services. p.m. Fiscal Year 2008 Agricultural In an interim rule published in the ADDRESSES: The meeting will be held at Quarantine and Inspection User Fees Federal Register on December 9, 2004 the Hilton San Diego Airport/Harbor (69 FR 71660–71683, Docket No. 04– Island, 1960 Harbor Island Drive, San AGENCY: Animal and Plant Health 042–1), and effective January 1, 2005, Diego, CA. Inspection Service, USDA. we established, for fiscal years 2005 FOR FURTHER INFORMATION CONTACT: ACTION: Notice. Patrick W. McDonough, Executive through 2010 and beyond, user fees for Director of the Joint Board for the SUMMARY: This notice pertains to user many of the types of conveyances or Enrollment of Actuaries, 202–622–8225. fees charged for agricultural quarantine persons to whom AQI services are provided, i.e., commercial vessels SUPPLEMENTARY INFORMATION: Notice is and inspection services provided in hereby given that the Advisory connection with certain commercial (watercraft), commercial trucks, loaded Committee on Actuarial Examinations vessels, commercial trucks, commercial commercial railroad cars, commercial will meet at the Hilton San Diego railroad cars, commercial aircraft, and aircraft, and international airline Airport/Harbor Island, 1960 Harbor international airline passengers arriving passengers. The regulations provide Island Drive, San Diego, CA on Friday, at ports in the customs territory of the specific information regarding the October 19, 2007, from 8:30 a.m to 5 United States. The purpose of this applicability of, and exceptions to, AQI p.m. notice is to remind the public of the user fees. As specified in 7 CFR 354.3, The purpose of the meeting is to user fees for fiscal year 2008 (October 1, the user fees for these AQI services for discuss questions that may be 2007, through September 30, 2008). fiscal year 2008 are as follows:

Service Unit Amount

Inspection of commercial vessels of 100 net tons or more (see 7 CFR 354.3(b) ...... Per arrival 1 ...... $492.00 Inspection of commercial trucks (see 7 CFR 354.3(c)) ...... Per arrival 2 ...... 5.25 Inspection of commercial railroad cars (see 7 CFR 354.3(d)) ...... Per arrival 3 ...... 7.75 Inspection of commercial aircraft (see 7 CFR 354.3(e)) ...... Per arrival ...... 70.50 Inspection of international aircraft passengers (see 7 CFR 354.3(f)) ...... Per arrival ...... 5.00 1 Not to exceed 15 payments in a calendar year (i.e., no additional fee will be charged for a 16th or subsequent arrival in a calendar year). 2 A prepaid AQI permit valid for one calendar year may be obtained for an amount 20 times the AQI user fee for each arrival ($105 from Octo- ber 1, 2007, through September 30, 2008). 3 The AQI user fee may be prepaid for all arrivals of a commercial railroad car during the calendar year for an amount 20 times the AQI user fee for each arrival ($155 from October 1, 2007, through September 30, 2008).

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Done in Washington, DC, this 9th day of Picnic Site. At Buttermilk Hill an $5.00 to $12.00 per night and would October 2007. occupant of each boat would be include use of the Pounds Hollow Kevin Shea, expected to self-pay using a fee Picnic and Beach day-use sites. Fees at Acting Administrator, Animal and Plant envelope provided at the site. Fees Pine Hills Campground would increase Health Inspection Service. collected at these areas would be used from $5.00 to $10.00 per night. Fees at [FR Doc. E7–20224 Filed 10–12–07; 8:45 am] for the maintenance and upkeep of the the Johnson Creek Group Campground BILLING CODE 3410–34–P facilities. would increase from $5.00 to $12.00 for Proposed Trail Use Permits for a single site, $9.00 to $15.00 for a Equestrians double site and $15.00 to $20.00 for a DEPARTMENT OF AGRICULTURE triple site. The fees at the Johnson Creek The Shawnee National Forest also Group Campground would also include Forest Service proposes to establish a trail permit fee the use of the Johnson Creek boat of $5.00 per day ($50.00 per year) for launch, picnic and beach day-use sites. Notice of Proposed New Recreation equestrians to use designated national Fee Sites; Federal Lands Recreation forest trails. In areas where cross Proposed Modification of Shawnee Enhancement Act, (Title VIII, Pub. L. country riding is authorized, and on National Forest Recreation Facilities 108–447) national forest roads, riding would The Shawnee National Forest AGENCY: Shawnee National Forest, remain free. Permits would be available proposes to increase the cost USDA Forest Service. from Shawnee National Forest Offices effectiveness of developed recreation ACTION: Notice of Proposed New Fee and from cooperating vendors. Permits facilities management by reducing Sites and Recreation Facilities would be issued to individuals and services at some locations where use Modifications. would not be transferable. No permit continues to be light. The following would be required for persons under 16 actions are being considered: Removal SUMMARY: The Shawnee National Forest years of age. Fees collected for of the tables, fire rings and toilets from is proposing to begin charging fees at equestrian use of trails would be used the Johnson Creek Single Family eight day-use recreation sites, as well as for the maintenance, construction or Campground (the Group Campground for equestrian use of the designated trail enhancement of equestrian trails and will remain open), removal of one system. Additionally, the Forest trailhead facilities. picnic shelter from the Johnson Creek proposes to increase fees at five Annual Passes for Day Use Facilities Picnic Area, removal of tables, fire rings campgrounds. The proposed fees are and Equestrian Trails and toilets from two of four loops of based on the level of amenities and Pine Ridge Campground at the Pounds An Annual Pass will be available for services provided, cost of operation and Hollow Recreation Area, removal of the frequent visitors or those who wish to maintenance and market assessment. At water system at Tower Rock recreate for longer periods of time on this time, the fees described below are Campground and removal of the tables only proposed and may be modified the Shawnee. A Shawnee National and grills at the Tower Rock Picnic Site, upon further analysis and public Forest Annual Pass will be available at and removal of tables, fire rings, toilets comment. Funds from fees would be Shawnee National Forest offices for and water tanks from the Buck Ridge used for the continued operation and $50.00 and will admit one vehicle into Campground at Lake of Egypt. Fees will maintenance of recreation sites and the day-use fee areas at the Pounds Hollow no longer be required for the use of the Forest’s designated equestrian trail Recreation Area, Garden of the Gods Tower Rock Campground. The boat system. The establishment of fees at Recreation Area, Bell Smith Springs, launches at Tower Rock and at Hickory certain types of recreation sites on Johnson Creek Recreation Area, Lincoln Point on Lake of Egypt would remain national forests is authorized by the Memorial and the Little Grand Canyon open and free to the public. Federal Lands Recreation Enhancement Trailhead for an unlimited number of Additionally, the boardwalk and other Act which was signed into law by visits for one year from the date of facilities at the Oakwood Bottoms President Bush in December 2004. purchase. A Shawnee National Forest Green-Tree Reservoir site, and the In addition to the new fees and the fee Annual Equestrian Trail Permit will be picnic and interpretive shelters at increases, the Shawnee National Forest available for $50.00 at Shawnee Illinois Iron Furnace picnic site would is proposing to increase the cost National Forest offices or at not be replaced when they have reached effectiveness of some recreation participating vendors and would the end of their serviceability. The toilet facilities by removing amenities at these authorize use of one horse or mule on at Teal Pond would be removed without sites. designated trails that are open to replacement. equestrian use for one year from the Proposed Day-Use Fees date of purchase. DATES: New fees may begin as early as Day-use fees of $5.00 per car are being April 2008. Modifications to facilities considered for the Garden of the Gods Proposed Fee Increases for Shawnee may begin as soon as June of 2008. interpretive and picnic sites, Pounds National Forest Campgrounds The Shawnee National Forest will Hollow picnic and beach area, Bell The Shawnee National Forest host open-house meetings to explain the Smith Springs interpretive and picnic proposes to increase fees at five fee and facility proposals or to discuss areas, Lincoln Memorial at Jonesboro, campgrounds. A campsite at Pharaoh other items of interest related to the Johnson Creek picnic and beach area, Campground at Garden of the Gods fees Federal Lands Recreation Enhancement the Johnson Creek Boat Launch and the would increase from $5.00 to $12.00 per Act of 2004. The meetings will be open Little Grand Canyon Trailhead. An night with the fee also covering day-use to the public. Meetings will be held on occupant of each car entering the of Pharaoh Picnic Area and the Garden Tuesday, November 6, 2007 from 4 to 7 parking areas of these sites would be of the Gods Interpretive Site. Fees at p.m. at the Vienna High School, 601 N. expected to self-pay using a fee Camp Cadiz would be raised from $5.00 1st Street, Vienna, Illinois; on envelope provided at the site. Day-use to $10.00 per night. Fees at Pine Ridge Wednesday, November 7, 2007 from 4 to fees of $5.00 per boat are being Campground at the Pounds Hollow 7 p.m. at the Knights of Columbus Hall, proposed for use of the Buttermilk Hill Recreation Area would increase from 100 Columbus Drive, Marion, Illinois;

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and on Wednesday, November 14, 2007 Act of 1969; the Council on Dated: October 4, 2007. from 4 to 7 p.m. at the Davis-McCann Environmental Quality Regulations (40 M. Ron Davidson, Center, 15 North 14th Street, CFR part 1500); and the Natural Acting State Conservationist, Natural Murphysboro, Illinois. Resources Conservation Service Resources Conservation Service, Utah. ADDRESSES: Comments and Guidelines (7 CFR part 650); the Natural [FR Doc. E7–20198 Filed 10–12–07; 8:45 am] recommendations regarding the Resources Conservation Service, U.S. BILLING CODE 3410–16–P Shawnee National Forest’s recreation Department of Agriculture, gives notice fee and/or facilities proposals can be that an environmental impact statement sent to Hurston A. Nicholas, Forest is not being prepared for Sandy Urban DEPARTMENT OF COMMERCE Supervisor, Shawnee National Forest, Fish Pond/Park Project, Salt Lake 50 Highway 145 South, Harrisburg, IL County, UT. Bureau of Industry and Security 62946. Comments or recommendations FOR FURTHER INFORMATION CONTACT: M. Sensors and Instrumentation concerning these recreation fee Ron Davidson, Acting State Technical Advisory Committee; Notice proposals should be submitted prior to Conservationist, Natural Resources of Partially Closed Meeting mid April 2008 in order to be Conservation Service, Wallace F. considered. You can e-mail your Bennett Federal Building, 125 South The Sensors and Instrumentation comments using the ‘‘Contact Us’’ link State Street, Room 4402, Salt Lake City, Technical Advisory Committee (SITAC) on the Shawnee National Forest Web Utah 84138–1100; telephone number will meet on October 30, 2007, 9:30 site at: http://www.fs.fed.us/r9/forests/ (801) 524–4550. a.m., in the Herbert C. Hoover Building, shawnee/. SUPPLEMENTARY INFORMATION: The Room 3884, 14th Street between FOR FURTHER INFORMATION CONTACT: Tim environmental assessment of this Constitution and Pennsylvania Pohlman, Recreation Program Manager, federally assisted action indicates that Avenues, NW., Washington, DC. The 618–253–7114. Information about the project will not cause significant Committee advises the Office of the proposed fee changes can also be found local, regional, or national impacts on Assistant Secretary for Export on the Shawnee National Forest Web the environment. As a result of these Administration on technical questions site at: http://www.fs.fed.us/r9/forests/ findings, M. Ron Davidson, Acting State that affect the level of export controls shawnee/passes/. Conservationist, has determined that the applicable to sensors and SUPPLEMENTARY INFORMATION: The preparation and review of an instrumentation equipment and Federal Recreation Lands Enhancement environmental impact statement is not technology. Act (Title VII, Pub. L. 108–447) directed needed for this project. Agenda the Secretary of Agriculture to publish a six month advance notice in the Sandy Urban Fish Pond/Park Project Public Session: Federal Register whenever new Notice of a Finding of No Significant 1. Welcome and Introductions. recreation fee areas are established. Impact 2. Remarks from Bureau of Industry Additionally, the Act stipulates that the and Security Management. establishment of new fees or the During Fiscal Year 2007, Congress 3. Industry Presentations. modification of existing fees must be appropriated funds through a 4. New Business. reviewed by a Recreation Resource Congressional Earmark to NRCS to Closed Session: Advisory Committee (RRAC) prior to provide technical and financial 5. Discussion of matters determined to their implementation. Once public assistance to Sandy City Parks and be exempt from the provisions relating recommendations and comments have Recreation for the Sandy Urban Fish to public meetings found in 5 U.S.C. been gathered, these fee proposals, Pond/Park Project. An Environmental app. 2 10(a)(1) and 10(a)(3). along with any modifications resulting Assessment (EA) was prepared in order The open session will be accessible from public comments, will be to make a reasoned and informed via teleconference to 20 participants on submitted for review by the RRAC. decision in selecting which alternative a first come, first serve basis. To join the to implement and also to determine if confidence, submit inquiries to Ms. Dated: October 9, 2007. the proposed action is a major federal Yvette Springer at Hurston A. Nicholas, action that would significantly affect the [email protected] no later than Forest Supervisor. quality of the human environment. The October 23, 2007. [FR Doc. E7–20232 Filed 10–12–07; 8:45 am] purpose for constructing an urban fish A limited number of seats will be BILLING CODE 3410–11–P pond and park is to provide an available during the public session of additional recreational as well as an the meeting. Reservations are not educational element to Sandy City. The accepted. To the extent that time DEPARTMENT OF AGRICULTURE Notice of a Finding of No Significant permits, members of the public may Impact (FONSI) has been forwarded to present oral statements to the Natural Resources Conservation the Environmental Protection Agency Committee. The public may submit Service and to various Federal, State and local written statements at any time before or agencies and interested parties. A Sandy Urban Fish Pond/Park Project, after the meeting. However, to facilitate limited number of copies of the FONSI Salt Lake County, UT distribution of public presentation and the EA are available to fill single materials to the Committee members, AGENCY: Natural Resources copy requests at the above address. the Committee suggests that the Conservation Service (NRCS) in Utah, Basic data developed during the materials be forwarded before the U.S. Department of Agriculture. environmental assessment are on file meeting to Ms. Springer. ACTION: Notice of a Finding of No and may be reviewed by contacting Ron The Assistant Secretary for Significant Impact. Davidson. No administrative action on Administration, with the concurrence of implementation of the proposal will be the General Counsel, formally SUMMARY: Pursuant to section 102(2)(c) taken until 30 days after the date of this determined on September 26, 2007 of the National Environmental Policy publication in the Federal Register. pursuant to Section 10(d) of the Federal

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Advisory Committee Act, as amended (5 Group in the Final Results. On Importation Act of 1966 (Pub. L. 89– U.S.C. app. 2 10(d)), that the portion of December 28, 2006, the petitioners1 651, as amended by Pub. L. 106–36, 80 this meeting dealing with pre-decisional timely withdrew their request for an Stat. 897; 15 CFR part 301). Related changes to the Commerce Control List administrative review of the POSCO records can be viewed between 8:30 and U.S. export control policies shall be Group. It is the Department’s practice to A.M. and 5:00 P.M. in Room 2104, U.S. exempt from the provisions relating to rescind an administrative review in a Department of Commerce, 14th and public meetings found in 5 U.S.C. app. timely manner, in whole or part, if no Constitution Avenue., NW, Washington, 2 10(a)(1) and 10(a)(3). The remaining other interested party submitted D.C. portions of the meeting will be open to comments regarding the petitioners’ Docket Number: 07–059. Applicant: the public. timely withdrawal of their request for a Northwestern University, Evanston, IL For more information contact Yvette review. See Notice of Partial Rescission 60208. Instrument: Electron Microscope. Springer on (202) 482–2813. of Antidumping Duty Administrative Manufacturer: FEI Company, Czech Dated: October 10, 2007. Review: Tenth Administrative Review of Republic. Intended Use: See notice at 72 Yvette Springer, the Antidumping Duty Order on Certain FR 53538, September 19, 2007. Committee Liaison Officer. Pasta from Italy, 72 FR 38060 (July 12, Docket Number: 07–061. Applicant: 2007), and also see Certain Pasta From University of Pennsylvania, [FR Doc. 07–5067 Filed 10–12–07; 8:45 am] Turkey: Notice of Rescission of Philadelphia, PA 19104. Instrument: BILLING CODE 3510–JT–M Antidumping Duty Administrative Electron Microscope, Model JEM–1011. Review, 69 FR 60356 (October 8, 2004). Manufacturer: JEOL, Ltd., Japan. DEPARTMENT OF COMMERCE To facilitate the timely implementation Intended Use: See notice at 72 FR of customs instructions, we are 53538, September 19, 2007. International Trade Administration rescinding the review of the Comments: None received. Decision: antidumping order for the POSCO Approved. No instrument of equivalent [A–580–816] Group. scientific value to the foreign instrument, for such purposes as these Certain Corrosion–Resistant Carbon Final Rescission of Administrative instruments are intended to be used, Steel Flat Products from the Republic Review for the POSCO Group of Korea: Partial Rescission of was being manufactured in the United As provided in 19 CFR 351.213(d)(1), States at the time the instruments were Antidumping Duty Administrative ‘‘{t}he Secretary will rescind an Review ordered. Reasons: Each foreign administrative review under this instrument is an electron microscope AGENCY: Import Administration, section, in whole or in part, if a party and is intended for research or scientific International Trade Administration, that requested a review withdraws the educational uses requiring an electron Department of Commerce. request within 90 days of the date of microscope. We know of no electron SUMMARY: On September 10, 2007, the publication of notice of initiation of the microscope, or any other instrument Department of Commerce (the requested review.’’ The petitioners suited to these purposes, which was Department) published its preliminary withdrew their request for an being manufactured in the United States results of the administrative review of administrative review within 90 days of at the time of order of each instrument. the date of publication of the notice of the antidumping duty order on certain Dated: October 9, 2007. corrosion–resistant carbon steel flat initiation of the instant administrative Faye Robinson, products (CORE) from the Republic of review and no other party requested an Korea (Korea) for the period from administrative review of the POSCO Director, Statutory Import Programs Staff, Import Administration. August 1, 2005, through July 31, 2006. Group. No party commented on the See Certain Corrosion Resistant Carbon petitioners’ withdrawal. Therefore, the [FR Doc. E7–20262 Filed 10–12–07; 8:45 am] Steel Flat Products from the Republic of Department is rescinding the BILLING CODE 3510–DS–S Korea: Notice of Preliminary Results administrative review with respect to and Partial Rescission of Antidumping the POSCO Group. DEPARTMENT OF COMMERCE Duty Administrative Review, 72 FR Dated: October 2, 2007. 51584 (September 10, 2007) Stephen J. Claeys, International Trade Administration (Preliminary Results). We are rescinding Deputy Assistant Secretary for Import the review with respect to the Pohang Administration. Applications for Duty–Free Entry of Iron & Steel Company, Ltd. (POSCO) [FR Doc. E7–20261 Filed 10–12–07; 8:45 am] Scientific Instruments and Pohang Coated Steel Co., Ltd. BILLING CODE 3510–DS–S (POCOS) (collectively, the POSCO Pursuant to Section 6(c) of the Group). Educational, Scientific and Cultural DEPARTMENT OF COMMERCE Materials Importation Act of 1966 (Pub. EFFECTIVE DATE: October 15, 2007. L. 89–651, as amended by Pub. L. 106– FOR FURTHER INFORMATION CONTACT: International Trade Administration 36; 80 Stat. 897; 15 CFR part 301), we Victoria Cho at (202) 482–5075 or James invite comments on the question of Terpstra at (202) 482–3965, AD/CVD Northwestern University, et al., Notice whether instruments of equivalent Operations, Office 3, Import of Consolidated Decision on scientific value, for the purposes for Administration, International Trade Applications, for Duty–Free Entry of which the instruments shown below are Administration, U.S. Department of Electron Microscopes intended to be used, are being Commerce, 14th Street and Constitution manufactured in the United States. Avenue, NW, Washington, DC 20230. This is a decision consolidated pursuant Comments must comply with 15 CFR to Section 6(c) of the Educational, SUPPLEMENTARY INFORMATION: In the 301.5(a)(3) and (4) of the regulations and Scientific, and Cultural Materials Preliminary Results, the Department be postmarked on or before November 5, inadvertently indicated that it planned 2007. Address written comments to 1 Petitioners are the United States Steel to rescind the request for review of the Corporation (U.S. Steel) and Mittal Steel USA ISG, Statutory Import Programs Staff, Room antidumping order for the POSCO Inc. (Mittal Steel USA). 2104, U.S. Department of Commerce,

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Washington, D.C. 20230. Applications Dated: Ocotober 9, 2007. either the LiuXueUSA or the upcoming may be examined between 8:30 A.M. Faye Robinson, India Web site. A DVD release will also and 5:00 P.M. at the U.S. Department of Director, Statutory Import Programs Staff. follow, sharing these incredible stories Commerce in Room 2104. [FR Doc. E7–20263 Filed 10–12–07; 8:45 am] with viewers across the globe, and Docket Number: 07–055. Applicant: BILLING CODE 3510–DS–S encouraging the next generation of University of Oklahoma, Mewbourne international students to come and School of Petroleum and Geological experience the opportunities and Engineering, 100 E. Boyd Street, Suite DEPARTMENT OF COMMERCE benefits associated with studying in the T–301, Norman, OK 73019. Instrument: United States. International Trade Administration Program Details and Rules: Electron Microscope, Quanta 200. • Manufacturer: FEI Company, Czech The contest will be open to all U.S. Electronic Education Fairs for Chinese and Indian Nationals studying Republic. Intended Use: The instrument China and India: Video Contest is intended to be used for teaching at U.S. institutions at both the AGENCY: International Trade undergraduate and graduate levels. several undergraduate and graduate • courses/laboratories in the Petroleum Administration, Commerce. American students may also Engineering Department. Students will ACTION: Notice. participate in the filming and editing use the environmental scanning electron process. SUMMARY: • Videos should be no more than 3 microscope to study rocks mineral Chinese and Indian nationals minutes long. composition, cementation, studying at U.S. accredited colleges and universities are invited to submit short • Videos should be submitted either microstructure, pore size distribution videos highlighting their experiences on DVD via mail (see address above) or etc. Application accepted by with U.S. higher education. via email with a link to a site from Commissioner of Customs: September which the video can be downloaded by 14, 2007. DATES: Contest submissions will be accepted from the date of this Notice November 19, 2007. Docket Number: 07–057. Applicant: until 3 p.m. EDT November 9, 2007. • Videos should be submitted in University of Alabama at Birmingham, Winners will be posted on [or before] Adobe Flash format. 1720–7th Avenue South - SC 501, November 15, 2007. • A panel of U.S. Government (USG) Birmingham, AL 35294–0017. ADDRESSES: Mail Submissions to Joshua officials from the Departments of State, Instrument: Electron Microscope, Model Wu, U.S. Department of Commerce, Commerce, and Education will select H–7650–II. Manufacturer: Hitachi High– the winning videos. Room 1202, 1401 Constitution Avenue, • Technologies Corp., Japan. Intended NW., Washington, DC 20230, Tel: (202) Videos should cater to relevant Use: The instrument is intended to be 482–2289. audiences in China or India, including used to study the ultrastructure of brain teachers, students, parents and FOR FURTHER INFORMATION CONTACT: tissue from experimental animals and counselors. Joshua Wu, U.S. Department of postmortem human samples. The • All videos should have English Commerce. Tel: (202) 482–2289; objectives are to describe normal human subtitles. brain ultrastructure, ultrastructural Jennifer Moll, U.S. Department of • The USG will not alter or edit the abnormalities in the postmortem brains Commerce, Tel: (248) 508–8404; Keith submitted content in any way, and the of subjects with brain disease and Roth, U.S. Department of Commerce, students will retain the copyrights of the normal and abnormal ultrastructure in Rm. 1104. Tel: (202) 482–5012. videos; the USG will be granted rights experimental animals. Application SUPPLEMENTARY INFORMATION: The U.S. to use the videos for the purposes of this accepted by Commissioner of Customs: Electronic Education Fairs for China initiative. September 14, 2007. and India are part of a joint initiative • Only amateur submissions will be between the U.S. Department of accepted and considered. Docket Number: 07–064. Applicant: Commerce and the U.S. Department of • Stowers Institute for Medical Research, No explicit content (sexual or other) State. The purpose of the initiative is to will be accepted. 901 Volker Blvd., Kansas City, inform Chinese and Indian students MO.64110. Instrument: Electron Themes: The videos should address who are interested in studying outside one of the following topics: Microscope, Model Tecnai G2. of their home countries about the • Manufacturer: FEI Company, Czech What makes U.S. education special breadth and depth of the higher for international students? Republic. Intended Use: The instrument education opportunities available in the • is intended to be used to obtain high What has been the most unique United States. experience you have had as a foreign resolution and high contrast images of To continue the success of various cellular structures from research student? LiuXueUSA (‘‘Study Abroad USA’’), a • Studies aside, what is your favorite models. Application accepted by U.S. initiative launched in 2006 to extracurricular activity? Commissioner of Customs: September 7, promote U.S. higher education in China, • What have been your best and worst 2007. and to promote a similar initiative that food experiences? Docket Number: 07–065. Applicant: will be launched in India later this year, • How would you characterize your State University of New York at the U.S. Departments of Commerce and dorm/living experiences in the United Binghamton, 4400 Vestal Parkway East, State are holding a video contest. The States? Binghamton, NY 13902. Instrument: contest aims to find the most • How are you paying for your Electron Microscope, Model Nova 600 compelling stories of Chinese and studies? NanoLab, FEI Company, Netherlands. Indian students studying at U.S. Intended Use: The instrument is to be colleges and universities by inviting Winners used to provide a single chamber to them to create videos up to 3 minutes Winners will have their videos image, analyze and cross section about their experiences as international featured on one of the above-mentioned devices, layers, and interfaces. students and the impact that studying in Web sites and released on DVD. Other Application accepted by Commissioner the United States has had on their lives. potential opportunities for exposure of Customs: September 25, 2007. The winning videos will be featured on may also be possible.

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Contest submissions by Chinese and on the east-central coast of Florida; in photo-identification, focal follows, and Indian students will be accepted and the Key West (Monroe County, FL) area; passive acoustic recordings of spinner reviewed on a rolling basis. and in the coastal waters of Georgia, dolphins (Stenella longirostris) in Dated: October 5, 2007. primarily in the vicinity of Sapelo coastal waters off the Island of Hawai’i Sound and St. Catherine’s Island. In and in waters up to 25 nautical miles David Long, addition, aerial surveys of bottlenose offshore through March 31, 2012. Director, Office of Service Industries, dolphins will be conducted over the File No. 819–1800–01: Issued to John International Trade Administration. Indian River Lagoon. These activities G. Morris, Ph.D., Florida Institute of [FR Doc. E7–20265 Filed 10–12–07; 8:45 am] may be conducted through November Technology, Biology Department, 150 BILLING CODE 3510–DR–P 14, 2011. West University Boulevard, Melbourne, File No. 699–1891: Issued to Kathryn FL 32901 on April 9, 2007, for photo- A. Ono, Ph.D., University of New identification, behavioral observations, DEPARTMENT OF COMMERCE England, 11 Hills Beach Road, and passive acoustic recordings of National Oceanic and Atmospheric Biddeford, ME 04005 on January 11, bottlenose dolphins, via vessel surveys Administration 2007, for a study to determine the diet in the Indian River Lagoon, Florida of seals off the coast of Maine and to use between Eau Gallie and Sebastian Inlet 0648–XD23 fecal DNA to determine if hard part through August 31, 2008. This study analysis is an accurate representation of was modified to extend the duration Marine Mammals; Issuance of Permits the occurrence of certain prey species in from August 31, 2007 to August 31, AGENCY: National Marine Fisheries pinniped diets. This study will result in 2008. This amended GA LOC Service (NMFS), National Oceanic and harassment of gray seals (Halichoerus supercedes version 819–1800, issued on Atmospheric Administration (NOAA), grypus), harbor seals (Phoca vitulina), July 27, 2005. Commerce. hooded seals (Cystophora cristata), and File No. 881–1918: Issued to Anne harp seals (Pagophilus groenlandicus) Hoover-Miller, Alaska SeaLife Center, ACTION: Notice; issuance of permits. in coastal Maine through December 1, 301 Railway Avenue, P.O. Box 1329, SUMMARY: Notice is hereby given that 2011. Seward, AK 99664 on May 9, 2007, for individuals and institutions have been File No. 809–1902: Issued to Susan G. aerial and vessel surveys and remote issued Letters of Confirmation for Barco, Virginia Aquarium & Marine video monitoring of harbor seals in activities conducted under the General Science Center Foundation, 717 General Alaska through May 15, 2012. Authorization for Scientific Research on Booth Boulevard, Virginia Beach, VA File No. 699–1891–01: Issued to marine mammals. See SUPPLEMENTARY 23451 on February 21, 2007, for vessel Kathryn A. Ono, Ph.D., University of INFORMATION for a list of names and surveys for photo-identification of New England, 11 Hills Beach Road, address of recipients. bottlenose dolphins throughout the Biddeford, ME 04005 on June 8, 2007, coastal and offshore waters for a study to determine the diet of seals ADDRESSES: The Letters of Confirmation geographically contiguous with the off the coast of Maine and to use fecal and related documents are available for Commonwealth of Virginia (including DNA to determine if hard part analysis review upon written request or by Maryland waters of the Chesapeake Bay, is an accurate representation of the appointment in the following office: Assateague Island to Ocean City, and occurrence of certain prey species in Permits, Conservation and Education waters off northeastern North Carolina) pinniped diets. This study, which will Division, Office of Protected Resources, through February 28, 2012. result in harassment of gray, harbor, NMFS, 1315 East-West Highway, Room File No. 1094–1836–02: Issued to harp, and hooded seals in coastal Maine 13705, Silver Spring, MD 20910; phone Peggy Stap, 1479 W. Dowling Rd., through December 1, 2011, was (301)713–2289; fax (301)427–2521. Dowling, MI 49050–9718, on March 7, modified to include collection of harbor FOR FURTHER INFORMATION CONTACT: 2007, for conducting small vessel seal scat and additional harassment of Office of Protected Resources, Permits surveys to collect photo-identification harbor seals. This amended GA LOC Division, (301)713–2289. and behavioral data using photography, supercedes version 699–1891, issued on SUPPLEMENTARY INFORMATION: The video, and hydrophone recordings to January 11, 2007. requested Letters of Confirmation have study the foraging strategies of transient File No. 481–1795–01: Issued to been issued under the authority of the and offshore killer whales (Orcinus Tamara McGuire, Ph.D., LGL Alaska Marine Mammal Protection Act of 1972, orca) as well as investigate the Research Associates, Inc., 1101 East as amended (16 U.S.C. 1361 et seq.), and abundance, distribution, movement, and 76th Avenue, Suite B, Anchorage, AK the regulations governing the taking and frequency of occurrence of other 99516 on August 21, 2007, for aerial, importing of marine mammals (50 CFR cetacean species in the Monterey Bay vessel, and land-based surveys of part 216). The General Authorization National Marine Sanctuary. This study belugas (Delphinapterus leucas) in allows for bona fide scientific research will result in takes of 17 species of upper Cook Inlet, Alaska. The study, that may result only in taking by level cetaceans through April 30, 2011. This which includes acoustic monitoring and B harassment of marine mammals. The study was modified to add harassment incidental harassment during prey following Letters of Confirmation were of California sea lions (Zalophus studies of belugas, is authorized until issued in Fiscal Year 2007. californianus), northern elephant seals May 30, 2010. This study was modified File No. 572–1869: Issued to Daniel K. (Mirounga angustirostris), northern fur to change the Principal Investigator Odell, Ph.D., Hubbs-SeaWorld Research seals (Callorhinus ursinus), and harbor from Dr. Tim Markowitz to Dr. McGuire. Institute, 6295 Sea Harbor Drive, seals. This amended GA LOC This amended GA LOC supercedes Orlando, FL 32821 on November 14, supercedes version 1094–1836–01, version 481–1795, issued on May 20, 2006, for vessel surveys to conduct issued on June 30, 2006. 2005. photo-identification, behavioral File No. 717–1909: Issued to Jan File No. 10036: Issued to Brent S. observations, passive acoustic Ostman-Lind, Ph.D., Kula Nai’a Wild Stewart, Ph.D., J.D., Hubbs-SeaWorld recordings, and videography of Dolphin Research Foundation, P.O. Box Research Institute, 2595 Ingraham bottlenose dolphins (Tursiops 6870, Kamuela, HI 96743 on March 29, Street, San Diego, CA 92109, on August truncatus) in the Indian River Lagoon 2007, for vessel surveys to conduct 21, 2007, for studies of the breeding and

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vocal behavior of four species of seals in two 1–year Letters of Authorization sonar were published on August 21, the Antarctic pack ice and fast ice of (LOAs) to take marine mammals by 2007 (72 FR 46846), and remain in effect western Amundsen, Bellingshausen, harassment incidental to the U.S. Navy’s through August 15, 2012. For detailed and eastern Ross seas between operation of Surveillance Towed Array information on this action, please refer September 1, and November 2, 2007. Sensor System Low Frequency Active to that document. These regulations This study will result in takes of Ross (SURTASS LFA) sonar operations to the include mitigation, monitoring, and seals (Ommatophoca rossii), crabeater Chief of Naval Operations, Department reporting requirements for the seals (Lobodon carcinophaga), Weddell of the Navy, 2000 Navy Pentagon, incidental taking of marine mammals by seals (Leptonychotes weddellii), and Washington, D.C., and persons the SURTASS LFA sonar system. leopard seals (Hydrurga leptonyx). operating under his authority. Summary of LOA Request File No. 699–1891–02: Issued to DATES: Effective from August 16, 2007, Kathryn A. Ono, Ph.D., University of through August 15, 2008. NMFS received an application from New England, 11 Hills Beach Road, ADDRESSES: Copies of the Navy’s July the U.S. Navy for two LOAs, one Biddeford, ME 04005 on August 24, 11, 2007, LOA application letter, the covering the R/V Cory Chouest and one 2007, for a study to determine the diet LOAs, the Navy’s 2006–2007 annual the USNS IMPECCABLE, under the of seals off the coast of Maine and to use LOA report and the Navy’s 2007 regulations issued on August 21, 2007 fecal DNA to determine if hard part Comprehensive Report are available by (72 FR 46846). The Navy requested that analysis is an accurate representation of writing to Michael Payne, Chief, the LOAs become effective on August the occurrence of certain prey species in Permits, Conservation, and Education 16, 2007. The application requested pinniped diets. This study, which will Division, Office of Protected Resources, authorization, for a period not to exceed result in harassment of gray seals, National Marine Fisheries Service, 1315 1 year, to take, by harassment, marine harbor, harp, and hooded seals in East-West Highway, Silver Spring, MD mammals incidental to employment of coastal Maine through December 1, 20910–3225, by telephoning the contact the SURTASS LFA sonar system for 2011, was modified to allow harassment listed here (see FOR FURTHER training, testing and routine military of additional harbor and gray seals INFORMATION CONTACT), or online operations on the aforementioned ships during scat collections. This amended at:http://www.nmfs.noaa.gov/pr/ in areas of the North Pacific Ocean. Due GA LOC supercedes version 699–1891– permits/incidental.htm#applications to the critical naval warfare 01, issued on June 8, 2007. Documents cited in this notice may be requirements, the U.S. Navy has In compliance with the National viewed, by appointment, during regular identified the necessity for both Environmental Policy Act of 1969 (42 business hours, at the aforementioned SURTASS LFA sonar vessels to be U.S.C. 4321 et seq.), a final address. stationed in the North Pacific Ocean determination has been made that the during the period of these LOAs. activities are categorically excluded FOR FURTHER INFORMATION CONTACT: from the requirement to prepare an Kenneth Hollingshead, Office of Monitoring and Reporting Protected Resources, NMFS, (301) 713– environmental assessment or In compliance with the 2002–2007 environmental impact statement. 2289 (ext 128). SUPPLEMENTARY INFORMATION: SURTASS LFA sonar regulations, the Dated: October 9, 2007. Navy submitted an annual report for P. Michael Payne, Background operations during 2006. The Navy also Chief, Permits, Conservation and Education Section 101(a)(5)(A) of the MMPA (16 submitted a comprehensive report on Division, Office of Protected Resources, U.S.C. 1361 et seq.) directs the Secretary SURTASS LFA sonar operations and the National Marine Fisheries Service. of Commerce to allow, upon request, the mitigation and monitoring activities [FR Doc. E7–20231 Filed 10–12–07; 8:45 am] incidental, but not intentional taking of conducted under the LOAs issued BILLING CODE 3510–22–S marine mammals by U.S. citizens who during that time period. A copy of these engage in a military readiness activity if reports can be viewed and/or certain findings are made and downloaded at:http:// DEPARTMENT OF COMMERCE regulations are issued. www.nmfs.noaa.gov/pr/permits/ incidental.htm#applications. National Oceanic and Atmospheric Authorization may be granted for Administration periods of 5 years or less if NMFS finds Authorization that the taking will have a negligible 0648–XD34 impact on the species or stock(s), and NMFS has issued two LOAs to the will not have an unmitigable adverse U.S. Navy, authorizing the incidental Taking and Importing Marine impact on the availability of the species harassment of marine mammals Mammals; Taking Marine Mammals or stock(s) for certain subsistence uses. incidental to operating the two Incidental to Navy Operations of In addition, NMFS must prescribe SURTASS LFA sonar systems for Surveillance Towed Array Sensor regulations that include permissible training, testing and routine military System Low Frequency Active Sonar methods of taking and other means operations. Issuance of these two LOAs AGENCY: National Marine Fisheries effecting the least practicable adverse is based on findings, described in the Service (NMFS), National Oceanic and impact on the species and its habitat, preamble to the final rule (August 21, Atmospheric Administration (NOAA), and on the availability of the species for 2007, 72 FR 46846)) and supported by Commerce. subsistence uses, paying particular information contained in the Navy’s ACTION: Notice; issuance of two Letters attention to rookeries, mating grounds, required annual report on SURTASS of Authorization. and areas of similar significance. The LFA sonar, that the activities described regulations also must include under these two LOAs will have no SUMMARY: In accordance with the requirements pertaining to the more than a negligible impact on marine Marine Mammal Protection Act monitoring and reporting of such taking. mammal stocks and will not have an (MMPA), as amended, and Regulations governing the taking of unmitigable adverse impact on the implementing regulations, notification marine mammals incidental to the U.S. availability of the affected by marine is hereby given that NMFS has issued Navy’s operation of SURTASS LFA mammal stocks for subsistence uses.

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These LOAs remain valid through FOR FURTHER INFORMATION CONTACT: (Tursiops truncatus) and Atlantic August 15, 2008, provided the Navy Jaclyn Daly or Jolie Harrison, Office of spotted dolphins (Stenella frontalis) remains in conformance with the Protected Resources, NMFS, (301) 713– incidental to NEODS training operations conditions of the regulations and the 2289. at EAFB, Florida, in the northern Gulf LOAs, and the mitigation, monitoring, SUPPLEMENTARY INFORMATION: of Mexico (GOM). Each of up to six and reporting requirements described in missions per year would include up to 50 CFR 216.184–216.186 (August 21, Background five live detonations of approximately 2007, 72 FR 46846) and in the LOAs are Sections 101(a)(5)(A) and (D) of the 10–lb (4.6–kg) net explosive weight undertaken. MMPA (16 U.S.C. 1361 et seq.) direct charges to occur in approximately 60–ft Dated: October 2, 2007. the Secretary of Commerce to allow, (18.3–m) deep water from one to three nm (1.9 to 5.6 km) off shore. EAFB was James H. Lecky, upon request, the incidental, but not intentional taking of marine mammals granted an IHA in 2005 and 2006 for Director, Office of Protected Resources, this activity. National Marine Fisheries Service. by U.S. citizens who engage in a military readiness activity if certain Because the relative low cost and ease [FR Doc. E7–20227 Filed 10–12–07; 8:45 am] findings are made and regulations are of use of mines lends itself to use by an BILLING CODE 3510–22–S issued or, if the taking is limited to array of transnational, rogue, and harassment, notice of a proposed subnational adversaries that now pose the most immediate threat to American DEPARTMENT OF COMMERCE authorization is provided to the public for review. interests and because NEODS supports National Oceanic and Atmospheric Authorization for incidental takings the Naval Fleet by providing training to personnel from all four armed services, Administration will be granted if NMFS finds that the taking will have a negligible impact on civil officials, and military students [I.D. 0648–XB13] the species or stock(s), will not have an from over 70 countries, this activity unmitigable adverse impact on the constitutes a ‘‘military readiness Takes of Marine Mammals Incidental to activity,’’ as defined in Section 315(f) of Specified Activities; Naval Explosive availability of the species or stock(s) for certain subsistence uses, and if the Public Law 107–314 (16 U.S.C. 703 Ordnance Disposal School Training note). Operations at Eglin Air Force Base, permissible methods of taking and Florida requirements pertaining to the Specified Activities mitigation, monitoring and reporting of The mission of NEODS is to train AGENCY: National Marine Fisheries such taking are set forth. personnel to detect, recover, identify, Service (NMFS), National Oceanic and NMFS has defined ‘‘negligible evaluate, render safe, and dispose of Atmospheric Administration (NOAA), impact’’ in 50 CFR 216.103 as: unexploded ordnance (UXO) that Commerce. an impact resulting from the specified activity that cannot be reasonably expected constitutes a threat to people, material, ACTION: Notice; issuance of an installations, ships, aircraft, and incidental harassment authorization. to, and is not reasonably likely to, adversely affect the species or stock through effects on operations. The NEODS plans to utilize SUMMARY: In accordance with the annual rates of recruitment or survival. three areas within the Eglin Gulf Test Marine Mammal Protection Act Subsection 101(a)(5)(D) of the MMPA and Training Range (EGTTR), consisting 2 (MMPA) regulations, notification is established an expedited process by of approximately 86,000 mi (222,739 2 hereby given that NMFS has issued an which citizens of the United States can km ) within the GOM and the airspace Incidental Harassment Authorization apply for an authorization to above, for Mine Countermeasures (IHA) to Eglin Air Force Base (EAFB) for incidentally take marine mammals by (MCM) detonations, which involve the take of marine mammals, by Level harassment. With respect to miltary mine-hunting and mine-clearance B harassment only, incidental to Naval readiness activities, harassment is operations. The detonation of small, live Explosive Ordnance Disposal School defined as follows: explosive charges disables the function (NEODS) training operations at EAFB, (i) any act that injures or has the significant of the mines, which are inert for training potential to injure a marine mammal or purposes. The training would occur Florida. marine mammal stock in the wild [Level A approximately one to three nautical DATES: Effective from October 5, 2007, Harassment]; or (ii) any act that disturbs or miles (nm) (1.9 to 5.6 km) offshore of through October 4, 2008. is likely to disturb a marine mammal or Santa Rosa Island (SRI) six times ADDRESSES: A copy of the IHA and the marine mammal stock in the wild by causing annually, at varying times within the application are available by writing to disruption of natural behavioral patterns, year. including, but not limited to, migration, Michael Payne, Chief, Permits, surfacing, nursing, breeding, feeding, or Each of the six training classes would Conservation, and Education Division, sheltering, to a point where such behavioral include one or two ‘‘Live Demolition Office of Protected Resources, National patterns are abandoned or significantly Days.’’ During each set of Live Marine Fisheries Service, 1315 East- altered [Level B Harassment]. Demolition Days, five inert mines would West Highway, Silver Spring, MD Section 101(a)(5)(D) establishes a 30– be placed in a compact area on the sea 20910–3225, or by telephoning the day public notice and comment period floor in approximately 60 ft (18.3 m) of contact listed here. A copy of the on any proposed IHA. Within 45 days water. Divers would locate the mines by application containing a list of of the close of the comment period, hand-held sonars. The AN/PQS–2A references used in this document may NMFS must either issue or deny hand-held acoustic locator has a sound be obtained by writing to this address, issuance of the authorization. pressure level (SPL) of 178.5 re 1 by telephoning the contact listed here µPascal @ 1 meter and the Dukane (FOR FURTHER INFORMATION CONTACT) or Summary of Request Underwater Acoustic Locator has a SPL online at: http://www.nmfs.noaa.gov/pr/ On June 7, 2007, NMFS received an of 157–160.5 re 1 µPascal @ 1 meter. permits/incidental.htm. Documents application from EAFB requesting re- Because output from these hand-held cited in this notice may be viewed, by issuance of their IHA for the sound sources would attenuate to below appointment, during regular business harassment, by Level B harassment any current threshold for protected hours, at the aforementioned address. only, of Atlantic bottlenose dolphins species within approximately 10–15 m,

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noise impacts are not anticipated and StocklAssessmentlProgram/ under debate. One recommendation is a are not addressed further in this sars.html. level of 6 dB below TTS (see 69 FR analysis. 21816, April 22, 2004), which would be Potential Effects of Activities on Marine Five charges packed with five lbs (2.3 176 dB re 1 µPa2 s. However, due to the Mammals kg) of C–4 explosive material will be set infrequency of the detonations, the up adjacent to each of the mines. No The primary potential impact to potential variability in target locations, more than five charges will be detonated Atlantic bottlenose and the Atlantic and the continuous movement of marine over the 2–day period. Detonation times spotted dolphins occurring in the mammals off the northern Gulf, NMFS will begin no earlier than 2 hours after EGTTR from the planned detonations is believes that behavioral modification sunrise and end no later than 2 hours Level B harassment from noise. In the from repeated exposures to the same before dusk and charges utilized within absence of any mitigation or monitoring animal is highly unlikely. the same hour period will have a measures, there is a very small chance maximum separation time of 20 that a marine mammal could be injured Comments and Responses minutes. Mine shapes and debris will be or killed when exposed to the energy On July 12, 2007, NMFS published in recovered and removed from the water generated from an explosive force on the the Federal Register a notice of a when training is completed. A more sea floor. However, NMFS believes the proposed IHA for EAFB’s request to take detailed description of the work is required mitigation measures will marine mammals incidental to NEODS contained in the application which is preclude this possibility in the case of training exercises in the GOM, and available upon request (see ADDRESSES). this particular activity. Analysis of requested comments regarding this NEODS noise impacts to cetaceans was request (See 72 FR 38061). During the Marine Mammals and Habitat Affected based on criteria and thresholds initially 30–day public comment period, NMFS by the Activity presented in U.S. Navy Environmental received comments from the Marine Marine mammal species that Impact Statements for ship shock trials Mammal Commission (Commission). potentially occur within the EGTTR of the SEAWOLF submarine and the Comment 1: The Commission include several species of cetaceans and WINSTON CHURCHILL vessel and recommends NMFS grant the requested the West Indian manatee. While a few subsequently adopted by NMFS. authorizations provided that Eglin AFB manatees may migrate as far north from Non-lethal injurious impacts (Level A conduct all practicable monitoring and southern Florida (where there are Harassment) are defined in EAFB’s mitigation measures to afford the generally confined in the winter) as application and this document as potentially affected marine mammal Louisiana in the summer, they primarily tympanic membrane (TM) rupture and species adequate protection from inhabit coastal and inshore waters and the onset of slight lung injury. The serious and lethal injury. rarely venture offshore. NEODS threshold for Level A Harassment Response: NMFS believes that the missions are conducted one to three nm corresponds to a 50–percent rate of TM IHA includes all practicable monitoring (5.6 km) from shore and effects on rupture, which can be stated in terms of and mitigation measures to avoid manatees are therefore considered very an energy flux density (EFD) value of serious or lethal injury of marine unlikely. Accordingly, EAFB did not 205 dB re 1 µPa2 s. TM rupture is well- mammals, and we believe that they will seek an incidental take authorization correlated with permanent hearing be effective. The radius around the site from the U.S. Fish and Wildlife Service, impairment (Ketten (1998) indicates a of the explosion where the animals which has jurisdiction over manatees. 30–percent incidence of permanent could potentially be injured is 52 m, Cetacean abundance estimates for the threshold shift (PTS) at the same and animals would have to be project area are derived from GulfCet II threshold). The zone of influence (ZOI) significantly closer than that for the aerial surveys conducted from 1996 to (farthest distance from the source at potential for serious injury or death to 1998 over a 70,470 km2 area, including which an animal is exposed to the EFD occur. MMOs will be monitoring a 460– nearly the entire continental shelf level referred to) for the Level A m radius area for the entire 15 minutes region of the EGTTR, which extends Harassment threshold is 52 m (172 ft). leading up to the detonation and the approximately 9 nm (16.7 km) from Level B (non-injurious) Harassment operation will be postponed if animals shore. The dwarf and pygmy sperm includes temporary (auditory) threshold are seen within the 230–dB ZOI or if whales are not included in this analysis shift (TTS), a slight, recoverable loss of large schools of fish, which could attract because their potential for being found hearing sensitivity. One criterion used the delphinids, are seen within the ZOI. near the project site is remote. Although for TTS is 182 dB re 1 µPa2 s maximum Comment 2: The Commission Atlantic spotted dolphins do not EFD level in any 1/3–octave band above recommends that NEODS training normally inhabit nearshore waters, 100 Hz for toothed whales (e.g., operations be suspended immediately if NMFS has included them in the dolphins). The ZOI for this threshold is a seriously injured or dead marine analysis to ensure conservative 230 m (754 ft). A second criterion, 23 mammal is found in the vicinity of the mitigation measures are applied. The psi, has recently been established by operations and the death or injury could two marine mammal species expected to NMFS for TTS when the explosive or be attributable to the NEODS activities. be affected by these activities, whose animal approaches the sea surface, in Further,the Commission recommends status and distribution were discussed which case explosive energy is reduced, that any suspension should remain in in the proposed IHA (71 FR 43470; but the peak pressure is not. The ZOI for place until NMFS has (1) reviewed the August 1, 2006), are the bottlenose 23 psi is 222 m (728 ft). NMFS will situation and determined that further dolphin (Tursiops truncatus) and the apply the more conservative of these deaths or serious injuries are unlikely to Atlantic spotted dolphin (Stenella two. occur or (2) issued regulations frontalis). Further descriptions of the Level B Harassment also includes authorizing such takes under section biology and local distribution of these behavioral modifications resulting from 101(a)(5)(A) of the MMPA. species can be found in the application repeated noise exposures (below TTS) to Response: NMFS concurs with the (see ADDRESSES); other sources such as the same animals (usually resident) over Commission’s recommendation and will Wursig et al. (2000), and the NMFS a relatively short period of time. include this provision in the IHA. Stock Assessments, can be viewed at: Threshold criteria for this particular Comment 3: The Commission also http://www.NMFS.noaa.gov/pr/PR2/ type of harassment are currently still resubmitted the identical comments it

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submitted on the 2005 and 2006 NEODS NMFS-approved observerwill be staged Post-mission monitoring is designed IHA. from the highest point possible on a to determine the effectiveness of pre- Response: NMFS stated the support ship and have proper lines of mission mitigation by reporting any Commission’s concerns and addressed communication to the Officer in sightings of dead or injured marine them in the Federal Register notice Tactical Command. The survey area will mammals. Post-detonation monitoring, announcing the issuance of the 2005 be 460 m (1509 ft) in every direction concentrating on the area down current IHA (70 FR 51341; August 30, 2005), from the target, which is twice the of the test site, would commence and they may be referenced there. radius of the ZOI for Level B immediately following each detonation Harassment (230 m (755 ft)). To ensure and continue for at least two hours after Numbers of Marine Mammals visibility of marine mammals to the last detonation. The monitoring Estimated to be Harassed observers, NEODS missions will be team would document and report to the Estimates of the potential number of delayed if whitecaps cover more than 50 appropriate marine animal stranding Atlantic bottlenose dolphins and percent of the surface or if conditions network any marine mammals killed or Atlantic spotted dolphins to be harassed exceed a Beaufort 3 sea state. injured during the test and, if by the training were calculated using Pre-mission monitoring will be used practicable, recover and examine any the number of distinct firing or test to evaluate the test site for dead animals. The species, number, events (maximum 30 per year), the ZOI environmental suitability of the location, and behavior of any animals for noise exposure, and the density of mission. Visual surveys will be observed by the teams would be animals that potentially occur in the conducted two hours, one hour, and the documented and reported to the Officer ZOI. The take estimates provided here entire 15 minutes prior to the mission in Tactical Command. do not include mitigation measures, to verify that the ZOI (230 m (755 ft)) Additionally, in the unlikely event which are expected to further minimize is free of visually detectable marine that a seriously injured or dead marine impacts to protected species and make mammals and large schools of fish, and mammal is found in the vicinity of the injury or death highly unlikely. that the weather is adequate to support operations and the death or injury could The estimated number of Atlantic visual surveys. The observer will plot be attributable to the NEODS activities, bottlenose dolphins and Atlantic and record sightings, bearing, and time training operations will be suspended spotted dolphins potentially taken for all marine mammals detected, which and NMFS contacted immediately. This through exposure to the Level A would allow the observer to determine suspension would remain in place until Harassment threshold (205 dB re 1 µPa2 if the animal is likely to enter the test the Service has (1) reviewed the s), are less than one (0.22 and 0.19, area during detonation. If a marine situation and determined that further respectively) annually. mammal appears likely to enter the test deaths or serious injuries are unlikely to For Level B Harassment, two separate area during detonation, if large schools occur or (2) issued regulations criteria were established, one expressed of fish are present, or if the weather is authorizing such takes under section in dB re 1 µPa2 s maximum EFD level inadequate to support monitoring, the 101(a)(5)(A) of the MMPA. in any 1/3–octave band above 100 Hz, observer will declare the range fouled Reporting and one expressed in psi. The estimated and the tactical officer will implement numbers of Atlantic bottlenose dolphins a hold until monitoring indicates that The Air Force will notify NMFS 2 and Atlantic spotted dolphins the test area is and will remain clear of weeks prior to initiation of each training potentially taken through exposure to detectable marine mammals. session. Any takes of marine mammals 182 dB are 4 and 3 individuals, Monitoring of the test area will other than those authorized by the IHA, respectively. The estimated numbers continue throughout the mission until as well as any injuries or deaths of potentially taken through exposure to 23 the last detonation is complete. The marine mammals, will be reported to psi are also 4 and 3 individuals, mission would be postponed if: the Southeast Regional Administrator, respectively. (1) Any marine mammal is visually NMFS, within 24 hours. A summary of detected within the ZOI (230 m (755 ft)). mission observations and test results, Possible Effects of Activities on Marine The delay would continue until the including dates and times of Mammal Habitat animal that caused the postponement is detonations as well as pre- and post- NMFS anticipates no loss or confirmed to be outside the ZOI mission monitoring observations, will modification to the habitat used by (visually observed swimming out of the be submitted to the Southeast Regional Atlantic bottlenose dolphins or Atlantic range). Office (NMFS) and to the Division of spotted dolphins in the EGTTR. The (2) Any marine mammal is detected in Permits, Conservation, and Education, primary source of marine mammal the ZOI and subsequently is not seen Office of Protected Resources (NMFS) habitat impact resulting from the again. The mission would not continue within 90 days after the completion of NEODS missions is noise, which is until the last verified location is outside the last training session. intermittent (maximum 30 times per of the ZOI and the animal is moving Endangered Species Act year) and of limited duration. The away from the mission area. effects of debris (which will be (3) Large schools of fish are observed In a Biological Opinion issued on recovered following test activities), in the water within of the ZOI. The October 25, 2004, NMFS concluded that ordnance, fuel, and chemical residues delay would continue until large fish the NEODS training missions and their were analyzed in the NEODS Biological schools are confirmed to be outside the associated actions are not likely to Assessment and the Air Force ZOI. jeopardize the continued existence of concluded that marine mammal habitat In the event of a postponement, pre- threatened or endangered species under would not be affected. mission monitoring would continue as the jurisdiction of NMFS or destroy or long as weather and daylight hours adversely modify critical habitat that Mitigation and Monitoring allow. If a charge fails to explode, has been designated for those species. Mitigation will consist primarily of mitigation measures would continue NMFS has issued an incidental take surveying and taking action to avoid while operations personnel attempt to statement (ITS) for NEODS for sea detonating charges when protected recognize and solve the problem (e.g., turtles pursuant to section 7 of the species are within the ZOI. A trained, detonate the charge). Endangered Species Act. The ITS

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contains reasonable and prudent rookeries, mating grounds, areas of 5:15 - 5:30 p.m. - A CLOSED SESSION measures with implementing terms and concentrated feeding, or other areas of on Personnel will be held. conditions to minimize the effects of special significance for marine Thursday, November 1, 2007 this take. This IHA action is within the mammals occur within or near the scope of the previously analyzed action NEODS test sites. The Council will review and discuss and does not change the action in a reports from the previous two days’ Authorization manner that was not considered committee meetings as follows: previously. As a result of these determinations, 8:30 a.m. - 10:30 a.m. - Reef Fish NMFS proposes to issue an IHA to the Management; National Environmental Policy Act Air Force for NEODS training operations 10:30 a.m. - 10:45 a.m. - Joint Reef In 2005, NMFS prepared an at EAFB, Florida, provided the Fish/Mackerel/Red Drum; Environmental Assessment (EA) on the previously mentioned mitigation, 10:45 a.m. - 11 a.m. - Data Collection; Issuance of Authorizations to Take monitoring, and reporting requirements 11 a.m. - 11:15 a.m. - Budget/ Marine Mammals, by Harassment, are incorporated. Personnel; Incidental to Naval Explosive Ordnance Dated: October 9, 2007. 11:15 a.m. - 11:30 a.m. - Spiny Lobster/Stone Crab Management; Disposal School Training Operations at James H. Lecky, Eglin Air Force Base, Florida and 1 p.m. - 1:30 p.m. - Red Drum Director, Office of Protected Resources, Management; subsequently issued a Finding of No National Marine Fisheries Service. Significant Impact (FONSI). This IHA 1:30 p.m. - 2 p.m. - Shrimp [FR Doc. E7–20230 Filed 10–12–07; 8:45 am] action is within the scope of the Management; previously analyzed action and does not BILLING CODE 3510–22–S 2 p.m. - 2:15 p.m. - Habitat Protection. change the action in a manner that was 2:15 p.m. - 3:15 p.m. - The Council will discuss Other Business items. not considered previously. Therefore, DEPARTMENT OF COMMERCE preparation of an EIS on this action is 3:15 p.m. - 3:30 p.m. - The Council not required by NEPA or its National Oceanic and Atmospheric will conclude its meeting with Elections implementing regulations. However, in AdministrationRIN: 0648–XD29 of Chairman and Vice-Chairman. 2007, a supplemental EA was prepared Committees to address new information on the Gulf of Mexico Fishery Management effects to EFH and cumulative impacts Council (Council); Public Meetings Monday, October 29, 2007 to the physical and biological 9:30 a.m. - 11:30 a.m. - Orientation AGENCY: National Marine Fisheries environment from other EAFB activities. Session for New Members. Service (NMFS), National Oceanic and 1 p.m. - 5:30 p.m. - The Reef Fish Conclusions Atmospheric Administration (NOAA), Management Committee will meet to Commerce. NMFS has issued an IHA to the Air discuss the Scoping Document for Reef Force for the NEODS training missions ACTION: Notice of public meetings. Fish Amendment 29 (Grouper IFQ), a to take place at EAFB over a 1–year SUMMARY: The Gulf of Mexico Fishery Report on Marine Reserves, an period. The issuance of this IHA is Management Council will convene Ecosystem Modeling Workshop Report, contingent upon adherence to the public meetings. a Preliminary Public Hearing Draft of previously mentioned mitigation, Reef Fish Amendment 30B, and a Draft monitoring, and reporting requirements. DATES: The meetings will be held October 29 - November 1, 2007. Red Snapper Allocation Discussion NMFS has determined that the NEODS Document. training, which entails up to six ADDRESSES: The meetings will be held at missions per year, including up to five the Beau Rivage, 875 Beach Blvd., Tuesday, October 30, 2007 live detonations per mission of Biloxi, MS 39530. 8 a.m. - 12 p.m. - The Reef Fish Council address: Gulf of Mexico approximately 5–lb (2.3 kg) net Management Committee will continue Fishery Management Council, 2203 explosive weight charges to occur in with a review of Reef Fish Amendment North Lois Avenue, Suite 1100, Tampa, approximately 60–foot (18 m) deep 30A for Gray Triggerfish/Greater FL 33607. water from one to three nm off shore, Amberjack and a Goliath Grouper will result in the Level B harassment of FOR FURTHER INFORMATION CONTACT: Cooperative Research Project. Atlantic bottlenose dolphins and Wayne E. Swingle, Executive Director, 1:30 p.m. - 2 p.m. - The Joint Reef Atlantic spotted dolphins (less than Gulf of Mexico Fishery Management Fish/Mackerel/Red Drum Management 0.0002 percent of the population for Council; telephone: (813) 348–1630. Committee will meet to discuss a each species, and perhaps 1–2 percent SUPPLEMENTARY INFORMATION: Generic Amendment for Regulation of of an inshore stock of bottlenose Council Offshore Aquaculture. dolphin, if one of them were harassed) 2 p.m. - 3 p.m. - The Data Collection and will have a negligible impact on Wednesday, October 31, 2007 Committee will meet to discuss reports these marine mammal species and 2 p.m. - The Council meeting will by the SSC Select Committee on stocks. While behavioral modifications begin with a review the agenda and Revision of Marine Recreational Fishery may be made by Atlantic bottlenose minutes. Statistics Survey (MRFSS). dolphins and Atlantic spotted dolphins 2:15 pm - 4:15 p.m. - Public testimony 3 p.m. - 4 p.m. - Budget/Personnel to avoid the resultant acoustic stimuli, on exempted fishing permits (EFPs), if Committee will meet to review the when the potential density of dolphins any, and Reef Fish Amendment 30A Status of 2007 Funding, the 2008 in the area and the required mitigation will be received. Council Operational Budget and hold a and monitoring are taken into 4:15 - 5:15 p.m. - An Open Public CLOSED SESSION on Personnel. consideration NMFS does expect any Comment Period regarding any fishery 4 p.m. - 5:30 p.m. - The Red Drum injury or mortality to result. The effects issue of concern will be held. People Management Committee will meet to of the NEODS training are expected to wishing to speak before the Council discuss Recommendations for Long- be limited to short-term and localized should complete a public comment card term Research by the Ad Hoc Review TTS-related behavioral changes. No prior to the comment period. Panel for Red Drum.

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Wednesday, October 31, 2007 DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA), Commerce. 8:30 a.m. - 11 a.m. - The Shrimp National Oceanic and Atmospheric Management Committee will hear AdministrationRIN: 0648–XD31 ACTION: Notice of public meetings. reports on the Status of the Shrimp Stocks and review data on the 2007 North Pacific Fishery Management SUMMARY: The Pacific Fishery permits and effort. Council; Public Meeting Management Council’s (Council) Salmon Advisory Subpanel (SAS) will AGENCY: 11 a.m. - 12 p.m. - The Habitat National Marine Fisheries hold a work session by telephone Protection Committee will meet to Service (NMFS), National Oceanic and conference, which is open to the public, discuss the Texas and Mississippi/ Atmospheric Administration (NOAA), to develop recommendations for the Commerce. Louisiana Habitat Protection AP’s November 2007 Council meeting. recommendations. ACTION: Notice of a public meeting of the DATES: The telephone conference will be 1:30 p.m. - 2 p.m. - The Spiny North Pacific Fishery Management Council’s (Council) Halibut Charter held Tuesday, October 30, 2007, from 9 Lobster/Stone Crab Management Stakeholder Committee. a.m. to 12 p.m. Committee will meet to discuss the Draft Public Scoping Document for SUMMARY: The North Pacific Fishery ADDRESSES: A listening station will be Spiny Lobster Imported Size Limit. Management Council Charter Halibut available at the Pacific Fishery Management Council, Small Conference Although other non-emergency issues Stakeholder Committee will meet in Room, 7700 NE Ambassador Place, not on the agendas may come before the Anchorage, AK. DATES: The meetings will be held Suite 101, Portland, OR 97220–1384; Council and Committees for discussion, telephone: (503) 820–2280. in accordance with the Magnuson- October 31 through November 2, 2007, Stevens Fishery Conservation and 8:30 a.m. to 5 p.m. Council address: Pacific Fishery Management Act (Magnuson-Stevens ADDRESSES: The meetings will be held at Management Council, 7700 NE Ambassador Place, Suite 101, Portland, Act), those issues may not be the subject the North Pacific Research Board, 1007 OR 97220–1384. of formal action during these meetings. West 3rd Avenue, Suite 100, Anchorage, AK 99501. FOR FURTHER INFORMATION CONTACT: Mr. Actions of the Council and Committees Council address: North Pacific Chuck Tracy, Salmon Management Staff will be restricted to those issues Fishery Management Council, 605 W. specifically identified in the agendas 4th Ave., Suite 306, Anchorage, AK Officer, Pacific Fishery Management and any issues arising after publication 99501–2252. Council: (503) 820–2280. of this notice that require emergency FOR FURTHER INFORMATION CONTACT: Jane SUPPLEMENTARY INFORMATION: The action under Section 305(c) of the DiCosimo, Council staff, telephone: purpose of the work session is to review Magnuson-Stevens Act, provided the (907) 271–2809. information in the Council’s November public has been notified of the Council’s SUPPLEMENTARY INFORMATION: The meeting briefing book related to salmon intent to take action to address the Committee will review background management, and to develop comments emergency. The established times for documents and recommendations on and recommendations for consideration addressing items on the agenda may be permanent solution alternatives for at the September Council meeting. adjusted as necessary to accommodate analysis, as well as review actions taken Although non-emergency issues not the timely completion of discussion by the North Pacific Fishery contained in the meeting agenda may relevant to the agenda items. In order to Management Council at its meeting on come before the SAS for discussion, further allow for such adjustments and October 5, 2007. those issues may not be the subject of completion of all items on the agenda, Special Accommodations formal SAS action during this meeting. the meeting may be extended from, or SAS action will be restricted to those These meetings are physically completed prior to the date established issues specifically listed in this notice accessible to people with disabilities. in this notice. and any issues arising after publication Requests for sign language of this notice that require emergency Special Accommodations interpretation or other auxiliary aids action under section 305(c) of the should be directed to Gail Bendixen at Magnuson-Stevens Fishery These meetings are physically (907) 271–2809 at least 7 working days Conservation and Management Act, accessible to people with disabilities. prior to the meeting date. Requests for sign language provided the public has been notified of Dated: October 9, 2007. interpretation or other auxiliary aids the SAS’s intent to take final action to Tracey L. Thompson, should be directed to Tina Trezza at the address the emergency. Acting Director, Office of Sustainable Council (see ADDRESSES) at least 5 Fisheries, National Marine Fisheries Service. Special Accommodations working days prior to the meeting. [FR Doc. E7–20170 Filed 10–12–07; 8:45 am] This meeting is physically accessible Dated: October 9, 2007. BILLING CODE 3510–22–S to people with disabilities. Requests for Tracey L. Thompson, sign language interpretation or other Acting Director, Office of Sustainable auxiliary aids should be directed to Ms. DEPARTMENT OF COMMERCE Fisheries, National Marine Fisheries Service. Carolyn Porter at (503) 820–2280 at least [FR Doc. E7–20168 Filed 10–12–07; 8:45 am] National Oceanic and Atmospheric 5 days prior to the meeting date. BILLING CODE 3510–22–S AdministrationRIN: 0648–XD30 Dated: October 9, 2007. Tracey L. Thompson, Pacific Fishery Management Council; Acting Director, Office of Sustainable Public Meeting Fisheries, National Marine Fisheries Service. AGENCY: National Marine Fisheries [FR Doc. E7–20169 Filed 10–12–07; 8:45 am] Service (NMFS), National Oceanic and BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE EFH conservation and restoration and information collection activity, to the regional data needs. The advisory Office of Information and Regulatory National Oceanic and Atmospheric panels will also update the Council’s Affairs, Attn: Ms. Katherine Astrich, AdministrationRIN: 0648–XD28 Energy Policy to highlight OMB Desk Officer for the Corporation environmental information needs for for National and Community Service, by Fisheries of the South Atlantic; South Alternative Energy development. any of the following two methods Atlantic Fishery Management Council; Although non-emergency issues not within 30 days from the date of Public Meeting contained in this agenda may come publication in this Federal Register: before this group for discussion, those AGENCY: National Marine Fisheries (1) By fax to: (202) 395–6974, issues may not be the subject of formal Service (NMFS), National Oceanic and Attention: Ms. Katherine Astrich, OMB action during this meeting. Action will Atmospheric Administration (NOAA), Desk Officer for the Corporation for be restricted to those issues specifically Commerce. National and Community Service; and identified in this notice and any issues (2) Electronically by e-mail to: ACTION: Notice of a joint meeting of the arising after publication of this notice [email protected]. South Atlantic Fishery Management that require emergency action under Comments: A 60-day public comment Council’s Habitat and Environmental section 305(c) of the Magnuson-Stevens Notice was published in the Federal Protection Advisory Panel and Coral Fishery Conservation and Management Register on August 2, 2007. The Advisory Panel. Act, provided the public has been comment period for this notice has notified of the Council’s intent to take SUMMARY: The South Atlantic Fishery elapsed and no comments were final action to address the emergency. Management Council will hold a joint received. meeting of its Habitat and Special Accommodations SUPPLEMENTARY INFORMATION: Environmental Protection Advisory These meetings are physically Description: The Corporation is Panel and Coral Advisory Panel in accessible to people with disabilities. strongly committed to making its Charleston, SC. See SUPPLEMENTARY equests for auxiliary aids should be performance measurement and INFORMATION. directed to the Council office (see management systems more results DATES: The joint meeting will take place ADDRESSES) 3 days prior to the meeting. oriented in order to strengthen the November 7–9, 2007. See Note: The times and sequence accountability and performance of its SUPPLEMENTARY INFORMATION. specified in this agenda are subject to programs. As part of its effort to do so, there is a need to collect outcome ADDRESSES: The meeting will be held at change. information regarding the Corporation’s the Charleston Marriott Hotel, 170 Dated: October 9, 2007. AmeriCorps programs consisting of Lockwood Boulevard, Charleston, SC; Tracey L. Thompson, AmeriCorps*State and National, telephone: (800) 968–3569 or (843) 723– Acting Director, Office of Sustainable AmeriCorps*VISTA, and 3000; fax: (843) 723–0276. Fisheries, National Marine Fisheries Service. AmeriCorps*National Civilian Council address: South Atlantic [FR Doc. E7–20167 Filed 10–12–07; 8:45 am] Community Corps (NCCC). Information Fishery Management Council, 4055 BILLING CODE 3510–22–S on program performance will be Faber Place Drive, Suite 201, N. informed by a series of surveys of a Charleston, SC, 29405 sample of AmeriCorps members and FOR FURTHER INFORMATION CONTACT: Kim CORPORATION FOR NATIONAL AND sub-grantee organizations that deliver Iverson, Public Information Officer; COMMUNITY SERVICE services. telephone: (843) 571–4366 or toll free: The OMB is particularly interested in Renewal of a Currently Approved (866) SAFMC–10; fax: (843) 769–4520; comments which: Information Collection email: [email protected]. • Evaluate whether the proposed SUPPLEMENTARY INFORMATION: Members AGENCY: Corporation for National and collection of information is necessary of the Habitat AP and Coral AP will Community Service. for the proper performance of the meet from 8:30 a.m. - 5 p.m. on ACTION: Notice. functions of the Corporation, including November 7, 2007, from 8:30 a.m. - 5 whether the information will have p.m. on November 8, 2007, and from SUMMARY: The Corporation for National practical utility; 8:30 a.m. - 1 p.m. on November 9, 2007. and Community Service (hereinafter the • Evaluate the accuracy of the Items for discussion at the joint ‘‘Corporation’’), has submitted the agency’s estimate of the burden of the advisory panel meeting include following public information collection proposed collection of information, discussion and recommendations on request (ICR) to the Office of including the validity of the proposed actions under the Management and Budget (OMB) for methodology and assumptions used; Comprehensive Ecosystem Amendment review and approval in accordance with • Propose ways to enhance the including: Establishment of Deepwater the Paperwork Reduction Act of 1995 quality, utility, and clarity of the Coral Habitat Areas of Particular (Pub. L. 104–13), (44 U.S.C. Chapter 35). information to be collected; and Concerns (HAPCs), compliance with the A copy of the ICR, with applicable • Propose ways to minimize the Essential Fish Habitat (EFH) Final Rule, supporting documentation, may be burden of the collection of information Allowable Gear Areas for deepwater obtained by calling the Corporation for on those who are to respond, including trawls, designation of areas within the National and Community Service, through the use of appropriate proposed Coral HAPCs where golden Brooke Nicholas, 202–606–6627. automated, electronic, mechanical, or crab traps can continue to be used, and Individuals who use a other technological collection discussion and recommendations on telecommunications device for the deaf techniques or other forms of information new EFH and EFH-HAPC designations. (TTY–TDD) may call (202) 565–2799 technology, e.g., permitting electronic In addition, the advisory panels will between 8:30 a.m. and 5 p.m. Eastern submissions of responses. review, to the extent possible, the time, Monday through Friday. Type of Review: Renewal. material in the draft Fishery Ecosystem ADDRESSES: Comments may be Agency: Corporation for National and Plan and provide recommendations on submitted, identified by the title of the Community Service.

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Title: Performance Measurement in of Medicine; Acting Dean, USU SUMMARY: This supplemental NOI is AmeriCorps. Graduate School of Nursing; Armed being issued pursuant to the National OMB Number: 3045–0094. Forces Radiobiology Research Institute; Environmental Policy Act (NEPA) of Frequency: Annual. and the Director, U.S. Military Cancer 1969, as amended (42 United States Affected Public: Individuals and Institute will also present reports. These Code 4321, et seq.), the Council on households, community and faith-based actions are necessary for the University Environmental Quality Regulations for organizations, non-profits, state and to remain an accredited medical school implementing procedural provisions of local government and education and to pursue its mission, which is to NEPA (40 Code of Federal Regulation institutions. provide outstanding health care (CFR) parts 1500–1508), and Air Force Number of Respondents: 10,000. practitioners and scientists to the policy and procedures (32 CFR part Estimated Time Per Respondent: Ten uniformed services. 989). This supplemental NOI is issued minutes SUPPLEMENTARY INFORMATION: Pursuant to advise the public that the Air Force Total Burden Hours: 1,667 hours. intends to further publicly scope Total Burden Cost (capital/startup): to Federal statute and regulations (5 U.S.C. 552b, as amended, and 41 CFR information necessary to complete None. preparation of an EIS for the proposed Total Annual Cost (operating/ 102–3.140 through 102–3.165) and the availability of space, this meeting is BRAC activities at Eglin AFB, FL. maintaining systems or purchasing This supplements the initial NOI services): None. open to the public. Interested persons may submit a written statement for which appeared in the Federal Register Dated: October 4, 2007. consideration by the Board of Regents. July 28, 2006 [Federal Register: July 28, LaMonica Shelton, Individuals persons may submit a 2006 (Volume 71, Number 145), page Associate Director for Policy and written statement for consideration by 42838–42839]. Communications, Department of Research the Board of Regents. Individuals In the year since the initial NOI was and Policy Development. submitting a written statement must published and initial scoping meetings [FR Doc. E7–20085 Filed 10–12–07; 8:45 am] submit their statement to the Designated were held, the Air Force has developed BILLING CODE 6050–$$–P Federal Officer at the address detailed additional information that bears on the above. If such statement is not received proposal and its impacts. The Air Force at least 10 calendar days prior to the will present this additional information DEPARTMENT OF DEFENSE meeting, it may not be provided to or to the public and solicit comments. considered by the Board of Regents until Public input is important to determining Office of the Secretary of Defense its next open meeting. The Designated the scope of issues to be addressed and Federal Officer will review all timely for identifying significant issues that Uniformed Services University of the submissions with the Board of Regents were not known when the initial NOI Health Sciences; Quarterly Meeting Chair and ensure such submissions are was published. Notice provided to Board of Regents Members The supplemental scoping meetings AGENCY: Uniformed Services University before the meeting. After reviewing the will be held in a ‘‘Town Hall’’ format of the Health Sciences (USU). written comments, submitters may be allowing interested parties to review ACTION: Quarterly meeting notice. invited to orally present their issues information and related materials. Oral during the open portion of the and written comments presented at the SUMMARY: Under the provisions of the November 2007 meeting or at a future public meetings, as well as written Federal Advisory Committee Act of meeting. comments received by the Air Force 1972 (5 U.S.C., Appendix, as amended) For further Information and Base throughout the EIS process, will be and the Sunshine in the Government Access Procedures Contact: Janet S. considered and made a part of the Act of 1976 (5 U.S.C. 552b, as amended) Taylor, Designated Federal Officer, administrative record. announcement of the following meeting: 301.295.3066. All the information and comments Name of Committee: Board of Regents Dated: October 9, 2007. gathered in response to the initial NOI of the Uniformed Services University of L.M. Bynum, remain in the record, and there is no the Health Sciences. need to repeat information submitted at Alternate OSD Federal Register Liaison Date of Meeting: November 6, 2007. that time. Location: Board of Regents Officer, DoD. Conference Room (D3001), Uniformed [FR Doc. 07–5064 Filed 10–12–07; 8:45 am] DATES: The BRAC scoping update Services University of the Health BILLING CODE 5001–06–M meetings will be held as follows: Sciences, 4301 Jones Bridge Road, November 6, 2007, 6:30–9:30 p.m.; Bethesda, Maryland 20814. Comfort Inn Conference Center, 8700 Times: 8 a.m. to 1 p.m. (Open DEPARTMENT OF DEFENSE Navarre Parkway, Navarre, FL 32566, Session). 1 p.m. to 2 p.m. (Closed and November 7, 2007, 6:30–9:30 p.m.; Department of the Air Force Session). Niceville High School, 800 E. John Sims Proposed Agenda: The actions that Supplemental Notice of Intent To Parkway, Niceville, FL 32578. will take place include the approval of Prepare an Environmental Impact FOR FURTHER INFORMATION CONTACT: minutes from the Board of Regents Statement for the Implementation of Please direct any written comments or Meeting held August 7, 2007; the Base Closure and Realignment requests for information to Mr. Michael acceptance of administrative reports; (BRAC) 2005 Decisions and Related Spaits, Public Affairs, 96 CEV–PA, Eglin approval of faculty appointments and Actions at Eglin Air Force Base (AFB), AFB, FL 32542–5000 (PH: 850–882– promotions; and the awarding of post- FL 2878; [email protected]). baccalaureate degrees as follows: Bao-Anh Trinh, Masters of Science in Nursing, and AGENCY: Department of the Air Force. masters and doctoral degrees in the Air Force Federal Register Liaison Officer. ACTION: Supplemental Notice of Intent biomedical sciences and public health. [FR Doc. E7–20278 Filed 10–12–07; 8:45 am] (NOI). The President, USU; Dean, USU School BILLING CODE 5001–05–P

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DEPARTMENT OF EDUCATION Dated: October 10, 2007. DATES: Interested persons are invited to Angela C. Arrington, submit comments on or before Notice of Proposed Information IC Clearance Official, Regulatory Information November 14, 2007. Collection Requests Management Services, Office of Management. ADDRESSES: Written comments should Institute of Education Sciences be addressed to the Office of AGENCY: Department of Education. Information and Regulatory Affairs, Type of Review: Extension. SUMMARY: The IC Clearance Official, Attention: Education Desk Officer, Title: Impact Evaluation of the DC Office of Management and Budget, 725 Regulatory Information Management Opportunity Scholarship Program. Services, Office of Management, invites 17th Street, NW., Room 10222, Frequency: Annually. Washington, DC 20503. Commenters are comments on the proposed information Affected Public: State, Local, or Tribal encouraged to submit responses collection requests as required by the Gov’t, SEAs or LEAs. electronically by e-mail to Paperwork Reduction Act of 1995. Reporting and Recordkeeping Hour [email protected] or via fax DATES: Interested persons are invited to Burden: to (202) 395–6974. Commenters should submit comments on or before Responses: 8,377. include the following subject line in December 14, 2007. Burden Hours: 8,279. their response ‘‘Comment: [insert OMB Abstract: The DC Opportunity number], [insert abbreviated collection SUPPLEMENTARY INFORMATION: Section Scholarship Program is a five year name, e.g., ‘‘Upward Bound 3506 of the Paperwork Reduction Act of school choice program that provides Evaluation’’]. Persons submitting 1995 (44 U.S.C. Chapter 35) requires scholarships for children in low-income comments electronically should not that the Office of Management and families in Washington DC. This submit paper copies. Budget (OMB) provide interested evaluation uses a randomized control SUPPLEMENTARY INFORMATION: Section Federal agencies and the public an early trial to compare the outcomes of eligible 3506 of the Paperwork Reduction Act of opportunity to comment on information applicants who received scholarships to 1995 (44 U.S.C. Chapter 35) requires collection requests. OMB may amend or eligible applicants who did not receive that the Office of Management and waive the requirement for public a scholarship. Budget (OMB) provide interested consultation to the extent that public Requests for copies of the proposed Federal agencies and the public an early participation in the approval process information collection request may be opportunity to comment on information would defeat the purpose of the accessed from http://edicsweb.ed.gov, collection requests. OMB may amend or information collection, violate State or by selecting the ‘‘Browse Pending waive the requirement for public Federal law, or substantially interfere Collections’’ link and by clicking on consultation to the extent that public with any agency’s ability to perform its link number 3509. When you access the participation in the approval process statutory obligations. The IC Clearance information collection, click on would defeat the purpose of the Official, Regulatory Information ‘‘Download Attachments’’ to view. information collection, violate State or Management Services, Office of Written requests for information should Federal law, or substantially interfere Management, publishes that notice be addressed to U.S. Department of with any agency’s ability to perform its containing proposed information Education, 400 Maryland Avenue, SW., statutory obligations. The IC Clearance Potomac Center, 9th Floor, Washington, collection requests prior to submission Official, Regulatory Information DC 20202–4700. Requests may also be of these requests to OMB. Each Management Services, Office of electronically mailed to proposed information collection, Management, publishes that notice [email protected] or faxed to 202– containing proposed information grouped by office, contains the 245–6623. Please specify the complete collection requests prior to submission following: (1) Type of review requested, title of the information collection when of these requests to OMB. Each e.g. new, revision, extension, existing or making your request. proposed information collection, reinstatement; (2) Title; (3) Summary of Comments regarding burden and/or grouped by office, contains the the collection; (4) Description of the the collection activity requirements following: (1) Type of review requested, need for, and proposed use of, the should be electronically mailed to e.g. new, revision, extension, existing or information; (5) Respondents and [email protected]. Individuals who reinstatement; (2) Title; (3) Summary of frequency of collection; and (6) use a telecommunications device for the the collection; (4) Description of the Reporting and/or Recordkeeping deaf (TDD) may call the Federal need for, and proposed use of, the burden. OMB invites public comment. Information Relay Service (FIRS) at 1– information; (5) Respondents and The Department of Education is 800–877–8339. frequency of collection; and (6) especially interested in public comment [FR Doc. E7–20256 Filed 10–12–07; 8:45 am] Reporting and/or Recordkeeping addressing the following issues: (1) Is BILLING CODE 4000–01–P burden. OMB invites public comment. this collection necessary to the proper Dated: October 10, 2007. functions of the Department; (2) will Angela C. Arrington, this information be processed and used DEPARTMENT OF EDUCATION IC Clearance Official, Regulatory Information in a timely manner; (3) is the estimate Management Services, Office of Management. of burden accurate; (4) how might the Submission for OMB Review; Office of the Chief Financial Officer Department enhance the quality, utility, Comment Request Type of Review: Extension. and clarity of the information to be AGENCY: Department of Education. collected; and (5) how might the Title: Streamlined Process for SUMMARY: The IC Clearance Official, Education Department General Department minimize the burden of this Regulatory Information Management Administrative Regulations (EDGAR) collection on the respondents, including Services, Office of Management invites Approved Grant Applications. through the use of information comments on the submission for OMB Frequency: As necessary. technology. review as required by the Paperwork Affected Public: Businesses or other Reduction Act of 1995. for-profit; Not-for-profit institutions;

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State, Local, or Tribal Gov’t, SEAs or DEPARTMENT OF EDUCATION Dated: October 10, 2007. LEAs. Angela C. Arrington, Reporting and Recordkeeping Hour Notice of Proposed Information IC Clearance Official, Regulatory Information Burden: Collection Requests Management Services, Office of Management. Responses: 1. Office of Special Education and AGENCY: Department of Education. Burden Hours: 1. Rehabilitative Services SUMMARY: The IC Clearance Official, Type of Review: Extension. Abstract: Although this is rarely used, Regulatory Information Management Title: Annual Protection and this process allows grant programs, in a Services, Office of Management, invites Advocacy of Individual Rights (PAIR) subsequent year of the approved comments on the proposed information Program Performance Report. collection, to change their program collection requests as required by the Frequency: Annually. specific criteria to EDGAR criteria. This Paperwork Reduction Act of 1995. Affected Public: Not-for-profit process generally relates to programs institutions; State, Local, or Tribal that have used the 1890–0001 process in DATES: Interested persons are invited to Gov’t, SEAs or LEAs. a previous year but wish to move one submit comments on or before Reporting and Recordkeeping Hour or more criterion to EDGAR in a December 14, 2007. Burden: subsequent year of their approved SUPPLEMENTARY INFORMATION: Section Responses: 57. application. If the program still has 3506 of the Paperwork Reduction Act of Burden Hours: 912. program specific requirements, they 1995 (44 U.S.C. Chapter 35) requires Abstract: Form RSA–509 will be used cannot use the 1890–0009 process and, to analyze and evaluate the Protection therefore, must use this process ONLY that the Office of Management and Budget (OMB) provide interested and Advocacy of Individual Rights if some or all program specific criteria (PAIR) Program administered by eligible Federal agencies and the public an early will be changing to EDGAR criteria, systems in states. These systems provide opportunity to comment on information there are no other substantive changes services to eligible individuals with to the approved application, and the collection requests. OMB may amend or disabilities to protect their legal and application still contains a program waive the requirement for public human rights. specific requirement. No public consultation to the extent that public Requests for copies of the proposed comment period notices are required participation in the approval process information collection request may be since the Master Plan covers this would defeat the purpose of the accessed from http://edicsweb.ed.gov, process, and the individual applications information collection, violate State or by selecting the ‘‘Browse Pending account for their burden under their Federal law, or substantially interfere Collections’’ link and by clicking on individual OMB control numbers. ED with any agency’s ability to perform its link number 3508. When you access the submits these requests via the OMB83 C statutory obligations. The IC Clearance information collection, click on (change worksheet) process. A copy of Official, Regulatory Information ‘‘Download Attachments’’ to view. the proposed selection criteria to the Management Services, Office of Written requests for information should approved application is also submitted Management, publishes that notice be addressed to U.S. Department of for review. Based on the original OMB/ containing proposed information Education, 400 Maryland Avenue, SW., ED agreement, the clearance time for collection requests prior to submission Potomac Center, 9th Floor, Washington, this process is 10 days at OMB. of these requests to OMB. Each DC 20202–4700. Requests may also be Requests for copies of the information proposed information collection, electronically mailed to collection submission for OMB review grouped by office, contains the [email protected] or faxed to 202– may be accessed from http:// following: (1) Type of review requested, 245–6623. Please specify the complete edicsweb.ed.gov, by selecting the e.g. new, revision, extension, existing or title of the information collection when making your request. ‘‘Browse Pending Collections’’ link and reinstatement; (2) Title; (3) Summary of by clicking on link number 3370. When Comments regarding burden and/or the collection; (4) Description of the the collection activity requirements you access the information collection, need for, and proposed use of, the click on ‘‘Download Attachments ‘‘ to should be electronically mailed to information; (5) Respondents and view. Written requests for information [email protected]. Individuals who frequency of collection; and (6) should be addressed to U.S. Department use a telecommunications device for the Reporting and/or Recordkeeping of Education, 400 Maryland Avenue, deaf (TDD) may call the Federal SW., Potomac Center, 9th Floor, burden. OMB invites public comment. Information Relay Service (FIRS) at 1– Washington, DC 20202–4700. Requests The Department of Education is 800–877–8339. especially interested in public comment may also be electronically mailed to [FR Doc. E7–20258 Filed 10–12–07; 8:45 am] addressing the following issues: (1) Is [email protected] or faxed to 202– BILLING CODE 4000–01–P 245–6623. Please specify the complete this collection necessary to the proper title of the information collection when functions of the Department; (2) will making your request. this information be processed and used DEPARTMENT OF EDUCATION Comments regarding burden and/or in a timely manner; (3) is the estimate the collection activity requirements of burden accurate; (4) how might the Notice of Proposed Information should be electronically mailed to Department enhance the quality, utility, Collection Requests and clarity of the information to be [email protected]. Individuals who AGENCY: Department of Education. use a telecommunications device for the collected; and (5) how might the SUMMARY: The IC Clearance Official, deaf (TDD) may call the Federal Department minimize the burden of this Regulatory Information Management Information Relay Service (FIRS) at 1– collection on the respondents, including Services, Office of Management, invites 800–877–8339. through the use of information comments on the proposed information technology. [FR Doc. E7–20257 Filed 10–12–07; 8:45 am] collection requests as required by the BILLING CODE 4000–01–P Paperwork Reduction Act of 1995.

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DATES: Interested persons are invited to Abstract: Form RSA–227 is used to modification applications and pending submit comments on or before analyze and evaluate the Client applications. December 14, 2007. Assistance Program (CAP) administered DATES: October 12–October 19, 2007 SUPPLEMENTARY INFORMATION: Section by designated CAP agencies. These Filing Window for Noncommercial 3506 of the Paperwork Reduction Act of agencies provide services to individuals Educational New Station Applications. seeking or receiving services from 1995 (44 U.S.C. Chapter 35) requires ADDRESSES: Secretary, Federal that the Office of Management and programs and projects authorized by the Communications Commission, 445 12th Budget (OMB) provide interested Rehabilitation Act of 1973, as amended. Street, SW., Washington, DC 20554. Federal agencies and the public an early Data also are reported on information Internet address: http://www.fcc.gov. and referral services provided to any opportunity to comment on information FOR FURTHER INFORMATION CONTACT: individual with a disability. collection requests. OMB may amend or Irene Bleiweiss, 202–418–2785, Audio Requests for copies of the proposed waive the requirement for public Division, Media Bureau. consultation to the extent that public information collection request may be SUPPLEMENTARY INFORMATION: This is a participation in the approval process accessed from http://edicsweb.ed.gov, by selecting the ‘‘Browse Pending summary of a Public Notice adopted on would defeat the purpose of the October 10, 2007, and released on information collection, violate State or Collections’’ link and by clicking on link number 3507. When you access the October 10, 2007. The complete text of Federal law, or substantially interfere this document is available for with any agency’s ability to perform its information collection, click on ‘‘Download Attachments’’ to view. inspection and copying during normal statutory obligations. The IC Clearance business hours in the FCC Reference Official, Regulatory Information Written requests for information should be addressed to U.S. Department of Center (Room CY–A257), 445 12th Management Services, Office of Street, SW., Washington, DC. It is also Management, publishes that notice Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, available for inspection and copying containing proposed information during regular business hours in the DC 20202–4700. Requests may also be collection requests prior to submission FCC Reference Center (Room CY–A257), electronically mailed to of these requests to OMB. Each 445 12th Street, SW., Washington, DC [email protected] or faxed to 202– proposed information collection, 20554. The full text of this document 245–6623. Please specify the complete grouped by office, contains the also may be purchased from the title of the information collection when following: (1) Type of review requested, Commission’s duplication contractor, making your request. e.g. new, revision, extension, existing or Best Copy and Printing Inc., Portals II, Comments regarding burden and/or reinstatement; (2) Title; (3) Summary of 445 12th St., SW., Room CY–B402, the collection activity requirements the collection; (4) Description of the Washington, DC 20554; telephone (202) should be electronically mailed to need for, and proposed use of, the 488–5300; fax (202) 488–5563; e-mail [email protected]. Individuals who information; (5) Respondents and [email protected]. It is also available use a telecommunications device for the frequency of collection; and (6) on the Commission’s Web site at deaf (TDD) may call the Federal Reporting and/or Recordkeeping http://www.fcc.gov. burden. OMB invites public comment. Information Relay Service (FIRS) at 1– Summary of Public Notice: In this The Department of Education is 800–877–8339. document, released on October 10, especially interested in public comment [FR Doc. E7–20259 Filed 10–12–07; 8:45 am] 2007, the Commission adopts a ten- addressing the following issues: (1) Is BILLING CODE 4000–01–P application limit on noncommercial this collection necessary to the proper educational (‘‘NCE’’) FM new station functions of the Department; (2) will and major change applications filed by this information be processed and used FEDERAL COMMUNICATIONS any party during the filing window in a timely manner; (3) is the estimate COMMISSION opening on Friday, October 12, 2007 of burden accurate; (4) how might the and closing on Friday, October 19, 2007 Department enhance the quality, utility, [FCC 07–179; MM Docket No. 95–31] for FM reserved band (channels 201– and clarity of the information to be FCC Adopts Application Limit for NCE 220). collected; and (5) how might the On August 9, 2007, the Commission FM New Station Applications in Department minimize the burden of this issued a Public Notice (the ‘‘Notice’’) October 12–October 19, 2007 Window collection on the respondents, including seeking comment on this proposed ten- through the use of information AGENCY: Federal Communications application limit (published at 72 FR technology. Commission. 47039 on August 22, 2007). More than Dated: October 10, 2007. ACTION: Notice. 10,000 comments were filed in response Angela C. Arrington, to the Notice. The overwhelming IC Clearance Official, Regulatory Information SUMMARY: In this document, the majority of the commenters supported Management Services, Office of Management. Commission adopts an application limit the proposed limit of ten new station in the noncommercial educational FM applications filed by any party during Office of Special Education and broadcast application filing window the window. Accordingly, the Rehabilitative Services scheduled for October 12–October 19, Commission concludes in this Public Type of Review: Extension. 2007. The purpose of the limit is to Notice that an application limit is a Title: Client Assistance Program. permit the expeditious processing of lawful and appropriate procedural Frequency: Annually. applications filed in the window and safeguard to permit the expeditious Affected Public: Not-for-profit deter speculative filings. The processing of the window-filed institutions; State, Local, or Tribal Commission concludes that an applications with limited Bureau Gov’t, SEAs or LEAs. appropriate limit for any party is an resources and to deter speculation. Our Reporting and Recordkeeping Hour attributable interest in no more than ten examination of the record confirms our Burden: applications for new noncommercial concern that failure to establish a limit Responses: 56. educational FM broadcast stations filed on the number of NCE FM applications Burden Hours: 896. in the window, excluding major that a party may file in the window

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would lead to a large number of economic impact on a substantial Federal Communications Commission. speculative filings, creating the number of small entities.’’ The RFA Gloria J. Miles, potential for extraordinary procedural generally defines the term ‘‘small Federal Register Liaison. delays. The Commission finds that a entity’’ as having the same meaning as [FR Doc. E7–20300 Filed 10–12–07; 8:45 am] ten-application limit is consistent with the terms ‘‘small business,’’ ‘‘small BILLING CODE 6712–01–P the localism and diversity goals organization,’’ and ‘‘small governmental reflected in the NCE FM point system jurisdiction.’’ In addition, the term and appropriately balances our goals of ‘‘small business’’ has the same meaning FEDERAL DEPOSIT INSURANCE deterring speculative filings, facilitating as the term ‘‘small business concern’’ CORPORATION the expeditious processing of window- under the Small Business Act. A ‘‘small filed applications with limited business concern’’ is one which: (1) Is Notice of Agency Meeting Commission resources, and providing independently owned and operated; (2) interested parties with a meaningful is not dominant in its field of operation; Pursuant to the provisions of the opportunity to file for NCE FM new and (3) satisfies any additional criteria ‘‘Government in the Sunshine Act’’ (5 station licenses. established by the Small Business U.S.C. 552b), notice is hereby given that We acknowledge the concern Administration (‘‘SBA’’). the Federal Deposit Insurance expressed by some commenters about Corporation’s Board of Directors will the potential for attempts to circumvent Pursuant to Section 605(b) of the RFA, meet in open session at 10 a.m. on the application limit. We note that the we certify that the application limit Tuesday, October 16, 2007, to consider Bureau retains the discretion to conduct adopted in this document imposes no the following matters: investigations and, where there is a significant economic impact on a Summary Agenda: No substantive substantial and material question of fact substantial number of small entities. discussion of the following items is regarding real parties in interest, the The application limit will benefit small anticipated. These matters will be Commission will designate applications entities seeking to establish a new NCE resolved with a single vote unless a for hearing to determine whether the FM service on a local or regional basis member of the Board of Directors applications comply with the by expediting the review and processing requests that an item be moved to the Commission’s rules and policies. of applications filed during the filing discussion agenda. Effective Date of Public Notice. The window opening on Friday, October 12, Disposition of minutes of previous Commission finds that there is good 2007. In the Commission’s rulemaking Board of Directors’ meetings. cause to make this Public Notice proceeding on comparative standards Memorandum and resolution re: effective immediately. See 5 U.S.C. for NCE applicants, the Commission Proposed FDIC Liquidation Investment 553(d)(3). The Commission’s experience reserved the right to establish by Public Policy. with the 2003 FM translator window Notice a limit on the number of NCE Memorandum and resolution re: Final demonstrates that there is a strong and applications by a party in a filing Rule Adopting Amendment to Part 344 unmet demand for scarce FM spectrum window. In the Notice, the Commission to Extend the Time Period to Report and that applicants will aggressively explained that numerous entities Quarterly Personal Securities pursue all new radio station licensing involved in NCE FM operations urged Transactions. opportunities. The Commission is the agency to establish an application Memorandum and resolution re: concerned that postponing the window limit for the filing window to prevent Proposed Amendments to Annual Audit will provide an opportunity for parties mass filings of speculative applications. and Reporting Requirements (Part 363) to develop and implement filing The vast majority of comments filed in and Related Technical Amendment strategies to circumvent the limit on response to the Notice agreed with the (Part 308, Subpart U). applications and to thwart the public Commission’s tentative conclusion that Memorandum and resolution re: interest benefits that the ten-application ten applications is an appropriate limit Notice of New and Revised Privacy Act cap is intended to achieve. Moreover, to deter speculative applications and Systems of Records. the Commission announced this filing facilitate the prompt processing of Discussion Agenda: window more than six months ago. applications. Based on the record in this Memorandum and resolution re: Applicants have relied on this window proceeding, we have concluded that a Interagency Final Rule Regarding closing on October 19, 2007, a date that lower limit would not effectively meet Affiliate Marketing—Section 214 of the will be used to establish certain the demand for new NCE FM channels, Fair and Accurate Credit Transactions comparative qualifications among whereas a higher limit would impose Act of 2003. competing applicants. Accordingly, the Memorandum and resolution re: unacceptable processing delays on all Commission is reluctant to modify this Interagency Final Rule Regarding applicants, overriding any potential well-publicized filing deadline. Finally, Identity Theft Red Flags and Address benefits to a few applicants interested in postponing the window would require Discrepancies under Section 114 and filing more than ten applications in this the Commission to extend the freeze on 315 of the Fair and Accurate Credit window. The limit excludes both reserved band and certain non-reserved Transactions Act of 2003. band minor change application filings. pending applications by NCE FM The meeting will be held in the Board The Commission concludes that such an stations and applicants and new major Room on the sixth floor of the FDIC extension would impose unreasonable change applications by existing NCE FM Building located at 550 17th Street, burdens on many radio licensees. stations seeking to modify their existing NW., Washington, DC. Regulatory Flexibility Act. The authorizations, so the limit involves no The FDIC will provide attendees with Regulatory Flexibility Act of 1980, as detriment to those applicants. This auxiliary aids (e.g., sign language amended (‘‘RFA’’), requires that a document and final RFA certification interpretation) required for this meeting. regulatory flexibility analysis be will be sent to the Chief Counsel for Those attendees needing such assistance prepared for notice-and-comment Advocacy of the SBA. should call (703) 562–6067 (Voice or rulemaking proceedings, unless the The Commission has authority to TTY), to make necessary arrangements. agency certifies that ‘‘the rule will not, collect these applications under OMB Requests for further information if promulgated, have a significant Control # 3060–0034. concerning the meeting may be directed

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to Mr. Robert E. Feldman, Executive Fund II LP, both of San Francisco, Board of Governors of the Federal Reserve Secretary of the Corporation, at (202) California, to indirectly acquire up to 67 System, October 10, 2007. 898–7122. percent of the voting shares of Spectrum Robert deV. Frierson, Dated: October 9, 2007. Bank. Deputy Secretary of the Board. Federal Deposit Insurance Corporation. Board of Governors of the Federal Reserve [FR Doc. E7–20248 Filed 10–12–07; 8:45 am] Valerie J. Best, System, October 10, 2007. BILLING CODE 6210–01–S Assistant Executive Secretary. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7–20175 Filed 10–12–07; 8:45 am] FEDERAL TRADE COMMISSION BILLING CODE 6714–01–P [FR Doc. E7–20247 Filed 10–12–07; 8:45 am] BILLING CODE 6210–01–S [File No. 072 3142]

Elation Therapy; Analysis of Proposed FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM Consent Order to Aid Public Comment Formations of, Acquisitions by, and Notice of Proposals to Engage in AGENCY: Federal Trade Commission. Mergers of Bank Holding Companies Permissible Nonbanking Activities or ACTION: Proposed Consent Agreement. to Acquire Companies that are The companies listed in this notice SUMMARY: The consent agreement in this Engaged in Permissible Nonbanking have applied to the Board for approval, matter settles alleged violations of Activities pursuant to the Bank Holding Company federal law prohibiting unfair or Act of 1956 (12 U.S.C. 1841 et seq.) deceptive acts or practices or unfair The companies listed in this notice (BHC Act), Regulation Y (12 CFR Part methods of competition. The attached have given notice under section 4 of the 225), and all other applicable statutes Analysis to Aid Public Comment Bank Holding Company Act (12 U.S.C. and regulations to become a bank describes both the allegations in the 1843) (BHC Act) and Regulation Y (12 holding company and/or to acquire the draft complaint and the terms of the CFR Part 225) to engage de novo, or to assets or the ownership of, control of, or consent order—embodied in the consent acquire or control voting securities or the power to vote shares of a bank or agreement—that would settle these assets of a company, including the bank holding company and all of the allegations. banks and nonbanking companies companies listed below, that engages owned by the bank holding company, either directly or through a subsidiary or DATES: Comments must be received on including the companies listed below. other company, in a nonbanking activity or before November 7, 2007. The applications listed below, as well that is listed in § 225.28 of Regulation Y ADDRESSES: Interested parties are as other related filings required by the (12 CFR 225.28) or that the Board has invited to submit written comments. Board, are available for immediate determined by Order to be closely Comments should refer to ‘‘Elation inspection at the Federal Reserve Bank related to banking and permissible for Therapy, File No. 071 3142,’’ to indicated. The application also will be bank holding companies. Unless facilitate the organization of comments. available for inspection at the offices of otherwise noted, these activities will be A comment filed in paper form should the Board of Governors. Interested conducted throughout the United States. include this reference both in the text and on the envelope, and should be persons may express their views in Each notice is available for inspection mailed or delivered to the following writing on the standards enumerated in at the Federal Reserve Bank indicated. address: Federal Trade Commission/ the BHC Act (12 U.S.C. 1842(c)). If the The notice also will be available for Office of the Secretary, Room 135-H, proposal also involves the acquisition of inspection at the offices of the Board of 600 Pennsylvania Avenue, NW, a nonbanking company, the review also Governors. Interested persons may Washington, D.C. 20580. Comments includes whether the acquisition of the express their views in writing on the containing confidential material must be nonbanking company complies with the question whether the proposal complies filed in paper form, must be clearly standards in section 4 of the BHC Act with the standards of section 4 of the labeled ‘‘Confidential,’’ and must (12 U.S.C. 1843). Unless otherwise BHC Act. Additional information on all comply with Commission Rule 4.9(c). noted, nonbanking activities will be bank holding companies may be 16 CFR 4.9(c) (2005).1 The FTC is conducted throughout the United States. obtained from the National Information requesting that any comment filed in Additional information on all bank Center website at www.ffiec.gov/nic/. paper form be sent by courier or holding companies may be obtained Unless otherwise noted, comments from the National Information Center overnight service, if possible, because regarding the applications must be U.S. postal mail in the Washington area website at www.ffiec.gov/nic/. received at the Reserve Bank indicated Unless otherwise noted, comments and at the Commission is subject to or the offices of the Board of Governors delay due to heightened security regarding each of these applications not later than November 9, 2007. must be received at the Reserve Bank precautions. Comments that do not indicated or the offices of the Board of A. Federal Reserve Bank of contain any nonpublic information may Governors not later than November 9, Richmond (A. Linwood Gill, III, Vice instead be filed in electronic form as 2007. President) 701 East Byrd Street, part of or as an attachment to email A. Federal Reserve Bank of San Richmond, Virginia 23261–4528: messages directed to the following email Francisco (Tracy Basinger, Director, 1. Summit Financial Group, Inc., box: [email protected]. Regional and Community Bank Group) Moorefield, West Virginia; to acquire 1 The comment must be accompanied by an 101 Market Street, San Francisco, 100 percent of the voting shares of explicit request for confidential treatment, California 94105–1579: Greater Atlantic Financial Corp., and including the factual and legal basis for the request, 1. Belvedere SoCal, San Francisco, thereby indirectly acquire Greater and must identify the specific portions of the California; to acquire 100 percent of the Atlantic Bank, both of Reston, Virginia, comment to be withheld from the public record. The request will be granted or denied by the voting shares of Spectrum Bank, Irvine, and thereby engage in the operation of Commission’s General Counsel, consistent with California; and Belvedere Capital a savings association, pursuant to applicable law and the public interest. See Partners II LLC, and Belvedere Capital section 225.28(b)(4)(ii) of Regulation Y. Commission Rule 4.9(c), 16 CFR 4.9(c).

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The FTC Act and other laws the of Elation Therapy (together, approved by the FDA; representations Commission administers permit the ‘‘respondents’’). for any medical device that are collection of public comments to The proposed consent order has been permitted in labeling under any new consider and use in this proceeding as placed on the public record for thirty medical device application approved by appropriate. All timely and responsive (30) days for reception of comments by the FDA; and representations for any public comments, whether filed in interested persons. Comments received product that are specifically permitted paper or electronic form, will be during this period will become part of in labeling for that product by considered by the Commission, and will the public record. After thirty (30) days, regulations issued by the FDA under the be available to the public on the FTC the Commission will again review the Nutrition Labeling and Education Act of website, to the extent practicable, at agreement and the comments received 1990. www.ftc.gov. As a matter of discretion, and will decide whether it should Parts IV through VIII require the FTC makes every effort to remove withdraw from the agreement or make respondents to keep copies of relevant home contact information for final the agreement’s proposed order. advertisements and materials individuals from the public comments it This matter involves the advertising substantiating claims made in the receives before placing those comments and promotion of Elation Therapy advertisements; to provide copies of the on the FTC website. More information, Natural Progesterone Cream, a order to certain of their personnel; to including routine uses permitted by the transdermal cream that, according to its notify the Commission of changes in Privacy Act, may be found in the FTC’s label, contains, among other ingredients, corporate structure and changes in privacy policy, at http://www.ftc.gov/ natural progesterone. According to the employment that might affect ftc/privacy.htm. FTC complaint, respondents compliance obligations under the order; represented that Elation Therapy and to file compliance reports with the FOR FURTHER INFORMATION CONTACT: Natural Progesterone Cream: (1) is Commission. Part IX provides that the Laura DeMartino (202) 326-3030, effective in preventing, treating, or order will terminate after twenty (20) Bureau of Consumer Protection, Room curing osteoporosis; (2) is effective in years under certain circumstances. NJ-2122, 600 Pennsylvania Avenue, preventing or reducing the risk of The purpose of this analysis is to NW, Washington, D.C. 20580. estrogen-inducted endometrial (uterine) facilitate public comment on the SUPPLEMENTARY INFORMATION: Pursuant cancer; and (3) does not increase the proposed order. It is not intended to to section 6(f) of the Federal Trade user’s risk of developing breast cancer constitute an official interpretation of Commission Act, 38 Stat. 721, 15 U.S.C. and/or is effective in preventing or the agreement and proposed order or to 46(f), and § 2.34 of the Commission reducing the user’s risk of developing modify in any way their terms. Rules of Practice, 16 CFR 2.34, notice is breast cancer. The complaint alleges By direction of the Commission. hereby given that the above-captioned that respondents failed to have substantiation for these claims. The Donald S. Clark, consent agreement containing a consent Secretary. order to cease and desist, having been proposed consent order contains [FR Doc. E7–20269 Filed 10–12–07: 8:45 am] filed with and accepted, subject to final provisions designed to prevent approval, by the Commission, has been respondents from engaging in similar BILLING CODE 6750–01–S placed on the public record for a period acts and practices in the future. Part I of the proposed order requires of thirty (30) days. The following FEDERAL TRADE COMMISSION Analysis to Aid Public Comment respondents to have competent and reliable scientific evidence describes the terms of the consent [File No. 072 3144] substantiating claims that any agreement, and the allegations in the progesterone product or any other complaint. An electronic copy of the The Green Willow Tree LLC, et al.; dietary supplement, food, drug, device full text of the consent agreement Analysis of Proposed Consent Order or health-related service or program is package can be obtained from the FTC to Aid Public Comment effective in preventing, treating, or Home Page (for October 5, 2007), on the curing osteoporosis, in preventing or AGENCY: Federal Trade Commission. World Wide Web, at http://www.ftc.gov/ reducing the risk of estrogen-induced ACTION: Proposed Consent Agreement. os/2007/10/index.htm. A paper copy endometrial cancer or breast cancer, or can be obtained from the FTC Public SUMMARY: The consent agreement in this in the mitigation, treatment, prevention, Reference Room, Room 130-H, 600 matter settles alleged violations of or cure of any disease, illness, or health Pennsylvania Avenue, N.W., federal law prohibiting unfair or condition; that it does not increase the Washington, D.C. 20580, either in deceptive acts or practices or unfair user’s risk of developing breast cancer, person or by calling (202) 326-2222. methods of competition. The attached is safe for human use, or has no side Public comments are invited, and may Analysis to Aid Public Comment effects; or about its health benefits, describes both the allegations in the be filed with the Commission in either performance, efficacy, safety, or side paper or electronic form. All comments draft complaint and the terms of the effects. consent order—embodied in the consent should be filed as prescribed in the Part II of the proposed order prevents agreement—that would settle these ADDRESSES section above, and must be respondents from misrepresenting the allegations. received on or before the date specified existence, contents, validity, results, in the DATES section. conclusions, or interpretations of any DATES: Comments must be received on or before November 7, 2007. Analysis of Agreement Containing test, study, or research. Consent Order to Aid Public Comment Part III of the proposed order provides ADDRESSES: Interested parties are that the order does not prohibit invited to submit written comments. The Federal Trade Commission respondents from making Comments should refer to ‘‘Green (‘‘FTC’’ or ‘‘Commission’’) has accepted, representations for any drug that are Willow Tree, File No. 071 3144,’’ to subject to final approval, an agreement permitted in labeling for the drug under facilitate the organization of comments. containing a consent order from Elation any tentative final or final Food and A comment filed in paper form should Therapy, Inc., a corporation, and Robert Drug Administration (‘‘FDA’’) standard include this reference both in the text Rutledge, individually and as an officer or under any new drug application and on the envelope, and should be

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mailed or delivered to the following describes the terms of the consent reliable scientific evidence address: Federal Trade Commission/ agreement, and the allegations in the substantiating claims that any Office of the Secretary, Room 135-H, complaint. An electronic copy of the progesterone product or any other 600 Pennsylvania Avenue, NW., full text of the consent agreement dietary supplement, food, drug, device Washington, DC 20580. Comments package can be obtained from the FTC or health-related service or program is containing confidential material must be Home Page (for October 5, 2007), on the effective in preventing, treating, or filed in paper form, must be clearly World Wide Web, at http://www.ftc.gov/ curing osteoporosis, in preventing or labeled ‘‘Confidential,’’ and must os/2007/10/index.htm. A paper copy reducing the risk of estrogen-induced comply with Commission Rule 4.9(c). can be obtained from the FTC Public endometrial cancer or breast cancer, or 16 CFR 4.9(c) (2005).1 The FTC is Reference Room, Room 130-H, 600 in the mitigation, treatment, prevention, requesting that any comment filed in Pennsylvania Avenue, NW., or cure of any disease, illness, or health paper form be sent by courier or Washington, DC 20580, either in person condition; that it does not increase the overnight service, if possible, because or by calling (202) 326-2222. user’s risk of developing breast cancer, U.S. postal mail in the Washington area Public comments are invited, and may is safe for human use, or has no side and at the Commission is subject to be filed with the Commission in either effects; or about its health benefits, delay due to heightened security paper or electronic form. All comments performance, efficacy, safety, or side precautions. Comments that do not should be filed as prescribed in the effects. contain any nonpublic information may ADDRESSES section above, and must be instead be filed in electronic form as received on or before the date specified Part II of the proposed order prevents part of or as an attachment to email in the DATES section. respondents from misrepresenting the messages directed to the following e- existence, contents, validity, results, Analysis of Agreement Containing conclusions, or interpretations of any mail box: [email protected]. Consent Order to Aid Public Comment The FTC Act and other laws the test, study, or research. Commission administers permit the The Federal Trade Commission Part III of the proposed order provides collection of public comments to (‘‘FTC’’ or ‘‘Commission’’) has accepted, that the order does not prohibit consider and use in this proceeding as subject to final approval, an agreement respondents from making appropriate. All timely and responsive containing a consent order from The representations for any drug that are public comments, whether filed in Green Willow Tree LLC, a limited permitted in labeling for the drug under paper or electronic form, will be liability company, and Robert Burns, any tentative final or final Food and considered by the Commission, and will individually and as a member and Drug Administration (‘‘FDA’’) standard manager of The Green Willow Tree be available to the public on the FTC or under any new drug application website, to the extent practicable, at (together, ‘‘respondents’’). The proposed consent order has been approved by the FDA; representations www.ftc.gov. As a matter of discretion, for any medical device that are the FTC makes every effort to remove placed on the public record for thirty (30) days for reception of comments by permitted in labeling under any new home contact information for medical device application approved by individuals from the public comments it interested persons. Comments received during this period will become part of the FDA; and representations for any receives before placing those comments product that are specifically permitted on the FTC Web site. More information, the public record. After thirty (30) days, the Commission will again review the in labeling for that product by including routine uses permitted by the regulations issued by the FDA under the Privacy Act, may be found in the FTC’s agreement and the comments received and will decide whether it should Nutrition Labeling and Education Act of privacy policy, at http://www.ftc.gov/ 1990. ftc/privacy.htm. withdraw from the agreement or make FOR FURTHER INFORMATION CONTACT: final the agreement’s proposed order. Parts IV through VIII require This matter involves the advertising Laura DeMartino (202) 326-3030, respondents to keep copies of relevant and promotion of Progesta Care Plus, Bureau of Consumer Protection, Room advertisements and materials EST, and Restored Balance, transdermal NJ-2122, 600 Pennsylvania Avenue, substantiating claims made in the creams that, according to their labels, NW., Washington, DC 20580. advertisements; to provide copies of the contain, among other ingredients, order to certain of their personnel; to SUPPLEMENTARY INFORMATION: Pursuant natural progesterone. According to the notify the Commission of changes in to section 6(f) of the Federal Trade FTC complaint, respondents corporate structure and changes in Commission Act, 38 Stat. 721, 15 U.S.C. represented that Progesta Care Plus, 46(f), and § 2.34 of the Commission employment that might affect EST, and Restored Balance: (1) Are compliance obligations under the order; Rules of Practice, 16 CFR 2.34, notice is effective in preventing, treating, or hereby given that the above-captioned and to file compliance reports with the curing osteoporosis; (2) are effective in Commission. Part IX provides that the consent agreement containing a consent preventing or reducing the risk of order to cease and desist, having been order will terminate after twenty (20) estrogen-inducted endometrial (uterine) years under certain circumstances. filed with and accepted, subject to final cancer; and (3) do not increase the The purpose of this analysis is to approval, by the Commission, has been user’s risk of developing breast cancer facilitate public comment on the placed on the public record for a period and/or are effective in preventing or proposed order. It is not intended to of thirty (30) days. The following reducing the user’s risk of developing constitute an official interpretation of Analysis to Aid Public Comment breast cancer. The complaint alleges the agreement and proposed order or to that respondents failed to have 1 The comment must be accompanied by an modify in any way their terms. explicit request for confidential treatment, substantiation for these claims. The including the factual and legal basis for the request, proposed consent order contains By direction of the Commission. and must identify the specific portions of the provisions designed to prevent Donald S. Clark, comment to be withheld from the public record. respondents from engaging in similar The request will be granted or denied by the Secretary. Commission’s General Counsel, consistent with acts and practices in the future. applicable law and the public interest. See Part I of the proposed order requires [FR Doc. E7–20272 Filed 10–12–07: 8:45 am] Commission Rule 4.9(c), 16 CFR 4.9(c). respondents to have competent and [BILLING CODE 6750–01–S]

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FEDERAL TRADE COMMISSION considered by the Commission, and will the public record. After thirty (30) days, be available to the public on the FTC the Commission will again review the [File No. 072 3145] website, to the extent practicable, at agreement and the comments received Health Science International, Inc., et www.ftc.gov. As a matter of discretion, and will decide whether it should al.; Analysis of Proposed Consent the FTC makes every effort to remove withdraw from the agreement or make Order to Aid Public Comment home contact information for final the agreement’s proposed order. individuals from the public comments it This matter involves the advertising AGENCY: Federal Trade Commission. receives before placing those comments and promotion of Serenity for Women ACTION: Proposed Consent Agreement. on the FTC website. More information, Natural Progesterone Cream, a including routine uses permitted by the transdermal cream that, according to its SUMMARY: The consent agreement in this Privacy Act, may be found in the FTC’s label, contains, among other ingredients, matter settles alleged violations of privacy policy, at http://www.ftc.gov/ natural progesterone. According to the federal law prohibiting unfair or ftc/privacy.htm. FTC complaint, respondents deceptive acts or practices or unfair FOR FURTHER INFORMATION CONTACT: represented that Serenity for Women methods of competition. The attached Natural Progesterone Cream: (1) is Analysis to Aid Public Comment Laura DeMartino (202) 326-3030, Bureau of Consumer Protection, Room effective in preventing, treating, or describes both the allegations in the curing osteoporosis; (2) is effective in draft complaint and the terms of the NJ-2122, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580. preventing or reducing the risk of consent order—embodied in the consent estrogen-inducted endometrial (uterine) agreement—that would settle these SUPPLEMENTARY INFORMATION: Pursuant cancer; and (3) does not increase the allegations. to section 6(f) of the Federal Trade user’s risk of developing breast cancer Commission Act, 38 Stat. 721, 15 U.S.C. DATES: Comments must be received on and/or is effective in preventing or 46(f), and § 2.34 of the Commission or before November 7, 2007. reducing the user’s risk of developing Rules of Practice, 16 CFR 2.34, notice is ADDRESSES: breast cancer. The complaint alleges Interested parties are hereby given that the above-captioned invited to submit written comments. that respondents failed to have consent agreement containing a consent substantiation for these claims. The Comments should refer to ‘‘Health order to cease and desist, having been Science International, File No. 071 complaint also alleges that respondents filed with and accepted, subject to final misrepresented that clinical testing 3145,’’ to facilitate the organization of approval, by the Commission, has been comments. A comment filed in paper proved that Serenity for Women Natural placed on the public record for a period Progesterone is effective in preventing, form should include this reference both of thirty (30) days. The following in the text and on the envelope, and treating, or curing osteoporosis. The Analysis to Aid Public Comment proposed consent order contains should be mailed or delivered to the describes the terms of the consent following address: Federal Trade provisions designed to prevent agreement, and the allegations in the respondents from engaging in similar Commission/Office of the Secretary, complaint. An electronic copy of the Room 135-H, 600 Pennsylvania Avenue, acts and practices in the future. full text of the consent agreement Part I of the proposed order requires NW, Washington, D.C. 20580. package can be obtained from the FTC Comments containing confidential respondents to have competent and Home Page (for October 5, 2007), on the reliable scientific evidence material must be filed in paper form, World Wide Web, at http://www.ftc.gov/ must be clearly labeled ‘‘Confidential,’’ substantiating claims that any os/2007/10/index.htm. A paper copy progesterone product or any other and must comply with Commission can be obtained from the FTC Public dietary supplement, food, drug, device Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The Reference Room, Room 130-H, 600 or health-related service or program is FTC is requesting that any comment Pennsylvania Avenue, N.W., effective in preventing, treating, or filed in paper form be sent by courier or Washington, D.C. 20580, either in curing osteoporosis, in preventing or overnight service, if possible, because person or by calling (202) 326-2222. reducing the risk of estrogen-induced U.S. postal mail in the Washington area Public comments are invited, and may endometrial cancer or breast cancer, or and at the Commission is subject to be filed with the Commission in either in the mitigation, treatment, prevention, delay due to heightened security paper or electronic form. All comments or cure of any disease, illness, or health precautions. Comments that do not should be filed as prescribed in the condition; that it does not increase the contain any nonpublic information may ADDRESSES section above, and must be user’s risk of developing breast cancer, instead be filed in electronic form as received on or before the date specified is safe for human use, or has no side part of or as an attachment to email in the DATES section. effects; or about its health benefits, messages directed to the following email performance, efficacy, safety, or side Analysis of Agreement Containing box: [email protected]. effects. The FTC Act and other laws the Consent Order to Aid Public Comment Part II of the proposed order prevents Commission administers permit the The Federal Trade Commission respondents from misrepresenting the collection of public comments to (‘‘FTC’’ or ‘‘Commission’’) has accepted, existence, contents, validity, results, consider and use in this proceeding as subject to final approval, an agreement conclusions, or interpretations of any appropriate. All timely and responsive containing a consent order from Health test, study, or research. public comments, whether filed in Science International, Inc., a Part III of the proposed order provides paper or electronic form, will be corporation, and David Martin, that the order does not prohibit individually and as an officer of Health respondents from making 1 The comment must be accompanied by an explicit request for confidential treatment, Science International ( together, representations for any drug that are including the factual and legal basis for the request, ‘‘respondents’’). permitted in labeling for the drug under and must identify the specific portions of the The proposed consent order has been any tentative final or final Food and comment to be withheld from the public record. placed on the public record for thirty Drug Administration (‘‘FDA’’) standard The request will be granted or denied by the Commission’s General Counsel, consistent with (30) days for reception of comments by or under any new drug application applicable law and the public interest. See interested persons. Comments received approved by the FDA; representations Commission Rule 4.9(c), 16 CFR 4.9(c). during this period will become part of for any medical device that are

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permitted in labeling under any new following address: Federal Trade agreement, and the allegations in the medical device application approved by Commission/Office of the Secretary, complaint. An electronic copy of the the FDA; and representations for any Room 135-H, 600 Pennsylvania Avenue, full text of the consent agreement product that are specifically permitted NW, Washington, D.C. 20580. package can be obtained from the FTC in labeling for that product by Comments containing confidential Home Page (for October 5, 2007), on the regulations issued by the FDA under the material must be filed in paper form, World Wide Web, at http://www.ftc.gov/ Nutrition Labeling and Education Act of must be clearly labeled ‘‘Confidential,’’ os/2007/10/index.htm. A paper copy 1990. and must comply with Commission can be obtained from the FTC Public Parts IV through VIII require Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The Reference Room, Room 130-H, 600 respondents to keep copies of relevant FTC is requesting that any comment Pennsylvania Avenue, N.W., advertisements and materials filed in paper form be sent by courier or Washington, D.C. 20580, either in substantiating claims made in the overnight service, if possible, because person or by calling (202) 326-2222. advertisements; to provide copies of the U.S. postal mail in the Washington area Public comments are invited, and may order to certain of their personnel; to and at the Commission is subject to be filed with the Commission in either notify the Commission of changes in delay due to heightened security paper or electronic form. All comments corporate structure and changes in precautions. Comments that do not should be filed as prescribed in the employment that might affect contain any nonpublic information may ADDRESSES section above, and must be compliance obligations under the order; instead be filed in electronic form as received on or before the date specified and to file compliance reports with the part of or as an attachment to email in the DATES section. Commission. Part IX provides that the messages directed to the following email Analysis of Agreement Containing order will terminate after twenty (20) box: [email protected]. Consent Order to Aid Public Comment years under certain circumstances. The FTC Act and other laws the The purpose of this analysis is to Commission administers permit the The Federal Trade Commission facilitate public comment on the collection of public comments to (‘‘FTC’’ or ‘‘Commission’’) has accepted, proposed order. It is not intended to consider and use in this proceeding as subject to final approval, an agreement constitute an official interpretation of appropriate. All timely and responsive containing a consent order from Shelly the agreement and proposed order or to public comments, whether filed in Black, an individual trading and doing modify in any way their terms. paper or electronic form, will be business as Progesterone Advocates By direction of the Commission. considered by the Commission, and will Network (‘‘respondent’’). be available to the public on the FTC The proposed consent order has been Donald S. Clark, website, to the extent practicable, at placed on the public record for thirty Secretary. www.ftc.gov. As a matter of discretion, (30) days for reception of comments by [FR Doc. E7–20277 Filed 10–12–07: 8:45 am] the FTC makes every effort to remove interested persons. Comments received [BILLING CODE 6750–01–S] home contact information for during this period will become part of individuals from the public comments it the public record. After thirty (30) days, receives before placing those comments the Commission will again review the FEDERAL TRADE COMMISSION on the FTC website. More information, agreement and the comments received [File No. 072 3146] including routine uses permitted by the and will decide whether it should Privacy Act, may be found in the FTC’s withdraw from the agreement or make Shelly Black, individually and doing privacy policy, at http://www.ftc.gov/ final the agreement’s proposed order. business as Progesterone Advocates ftc/privacy.htm. This matter involves the advertising and promotion of Nature’s Precise Network; Analysis of Proposed FOR FURTHER INFORMATION CONTACT: Cream, a transdermal cream that, Consent Order to Aid Public Comment Laura DeMartino (202) 326-3030, according to its label, contains, among Bureau of Consumer Protection, Room AGENCY: Federal Trade Commission. other ingredients, natural progesterone. NJ-2122, 600 Pennsylvania Avenue, ACTION: Proposed Consent Agreement. According to the FTC complaint, NW, Washington, D.C. 20580. respondent represented that Nature’s SUMMARY: The consent agreement in this SUPPLEMENTARY INFORMATION: Pursuant Precise Cream: (1) is effective in matter settles alleged violations of to section 6(f) of the Federal Trade preventing, treating, or curing federal law prohibiting unfair or Commission Act, 38 Stat. 721, 15 U.S.C. osteoporosis; (2) is effective in deceptive acts or practices or unfair 46(f), and § 2.34 of the Commission preventing or reducing the risk of methods of competition. The attached Rules of Practice, 16 CFR 2.34, notice is estrogen-inducted endometrial (uterine) Analysis to Aid Public Comment hereby given that the above-captioned cancer; and (3) does not increase the describes both the allegations in the consent agreement containing a consent user’s risk of developing breast cancer draft complaint and the terms of the order to cease and desist, having been and/or is effective in preventing or consent order—embodied in the consent filed with and accepted, subject to final reducing the user’s risk of developing agreement—that would settle these approval, by the Commission, has been breast cancer. The complaint alleges allegations. placed on the public record for a period that respondent failed to have DATES: Comments must be received on of thirty (30) days. The following substantiation for these claims. The or before November 7, 2007. Analysis to Aid Public Comment proposed consent order contains ADDRESSES: Interested parties are describes the terms of the consent provisions designed to prevent invited to submit written comments. respondent from engaging in similar 1 The comment must be accompanied by an Comments should refer to ‘‘Progesterone explicit request for confidential treatment, acts and practices in the future. Advocates Network, File No. 071 3146,’’ including the factual and legal basis for the request, Part I of the proposed order requires to facilitate the organization of and must identify the specific portions of the respondents to have competent and comments. A comment filed in paper comment to be withheld from the public record. reliable scientific evidence The request will be granted or denied by the form should include this reference both Commission’s General Counsel, consistent with substantiating claims that any in the text and on the envelope, and applicable law and the public interest. See progesterone product or any other should be mailed or delivered to the Commission Rule 4.9(c), 16 CFR 4.9(c). dietary supplement, food, drug, device

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or health-related service or program is FEDERAL TRADE COMMISSION public comments, whether filed in effective in preventing, treating, or paper or electronic form, will be [File No. 072–3140] curing osteoporosis, in preventing or considered by the Commission, and will reducing the risk of estrogen-induced Lawrence and Stephanie Jordan, be available to the public on the FTC endometrial cancer or breast cancer, or individuals trading and doing business Web site, to the extent practicable, in the mitigation, treatment, prevention, as Springboard and Pro Health Labs; athttp://www.ftc.gov. As a matter of or cure of any disease, illness, or health Analysis of Proposed Consent Order discretion, the FTC makes every effort to condition; that it does not increase the to Aid Public Comment remove home contact information for user’s risk of developing breast cancer, individuals from the public comments it AGENCY: Federal Trade Commission. is safe for human use, or has no side receives before placing those comments ACTION: Proposed Consent Agreement. effects; or about its health benefits, on the FTC Web site. More information, including routine uses permitted by the performance, efficacy, safety, or side SUMMARY: The consent agreement in this Privacy Act, may be found in the FTC’s effects. matter settles alleged violations of privacy policy, athttp://www.ftc.gov/ftc/ federal law prohibiting unfair or Part II of the proposed order prevents privacy.htm. respondent from misrepresenting the deceptive acts or practices or unfair methods of competition. The attached FOR FURTHER INFORMATION CONTACT: existence, contents, validity, results, Laura DeMartino (202) 326-3030, conclusions, or interpretations of any Analysis to Aid Public Comment describes both the allegations in the Bureau of Consumer Protection, Room test, study, or research. draft complaint and the terms of the NJ-2122, 600 Pennsylvania Avenue, Part III of the proposed order provides consent order—embodied in the consent NW., Washington, DC 20580. that the order does not prohibit agreement—that would settle these SUPPLEMENTARY INFORMATION: Pursuant respondent from making representations allegations. to section 6(f) of the Federal Trade for any drug that are permitted in Commission Act, 38 Stat. 721, 15 U.S.C. DATES: Comments must be received on 46(f), and § 2.34 of the Commission labeling for the drug under any tentative or before November 7, 2007. final or final Food and Drug Rules of Practice, 16 CFR 2.34, notice is ADDRESSES: Interested parties are hereby given that the above-captioned Administration (‘‘FDA’’) standard or invited to submit written comments. under any new drug application consent agreement containing a consent Comments should refer to ‘‘Pro Health order to cease and desist, having been approved by the FDA; representations Labs, File No. 071 3140,’’ to facilitate for any medical device that are filed with and accepted, subject to final the organization of comments. A approval, by the Commission, has been permitted in labeling under any new comment filed in paper form should medical device application approved by placed on the public record for a period include this reference both in the text of thirty (30) days. The following the FDA; and representations for any and on the envelope, and should be product that are specifically permitted Analysis to Aid Public Comment mailed or delivered to the following describes the terms of the consent in labeling for that product by address: Federal Trade Commission/ agreement, and the allegations in the regulations issued by the FDA under the Office of the Secretary, Room 135-H, complaint. An electronic copy of the Nutrition Labeling and Education Act of 600 Pennsylvania Avenue, NW., full text of the consent agreement 1990. Washington, DC 20580. Comments package can be obtained from the FTC Parts IV through VIII require containing confidential material must be Home Page (for October 5, 2007), on the respondent to keep copies of relevant filed in paper form, must be clearly World Wide Web, at http://www.ftc.gov/ advertisements and materials labeled ‘‘Confidential,’’ and must os/2007/10/index.htm. A paper copy comply with Commission Rule 4.9(c). substantiating claims made in the can be obtained from the FTC Public 16 CFR 4.9(c) (2005).1 The FTC is advertisements; to provide copies of the Reference Room, Room 130-H, 600 requesting that any comment filed in Pennsylvania Avenue, NW., order to certain of her personnel; to paper form be sent by courier or notify the Commission of changes in Washington, DC 20580, either in person overnight service, if possible, because or by calling (202) 326-2222. corporate structure and changes in U.S. postal mail in the Washington area employment that might affect Public comments are invited, and may and at the Commission is subject to be filed with the Commission in either compliance obligations under the order; delay due to heightened security and to file compliance reports with the paper or electronic form. All comments precautions. Comments that do not should be filed as prescribed in the Commission. Part IX provides that the contain any nonpublic information may order will terminate after twenty (20) ADDRESSES section above, and must be instead be filed in electronic form as received on or before the date specified years under certain circumstances. part of or as an attachment to e-mail in the DATES section. The purpose of this analysis is to messages directed to the following e- facilitate public comment on the mail box: [email protected]. Analysis of Agreement Containing proposed order. It is not intended to The FTC Act and other laws the Consent Order to Aid Public Comment constitute an official interpretation of Commission administers permit the The Federal Trade Commission the agreement and proposed order or to collection of public comments to (‘‘FTC’’ or ‘‘Commission’’) has accepted, consider and use in this proceeding as modify in any way their terms. subject to final approval, an agreement appropriate. All timely and responsive By direction of the Commission. containing a consent order from Lawrence Jordan and Stephanie Jordan, 1 The comment must be accompanied by an Donald S. Clark, explicit request for confidential treatment, individuals trading and doing business Secretary. including the factual and legal basis for the request, as Springboard and Pro Health Labs [FR Doc. E7–20276 Filed 10–12–07: 8:45 am] and must identify the specific portions of the (together, ‘‘respondents’’). comment to be withheld from the public record. The proposed consent order has been [BILLING CODE 6750–01–S] The request will be granted or denied by the Commission’s General Counsel, consistent with placed on the public record for thirty applicable law and the public interest. See (30) days for reception of comments by Commission Rule 4.9(c), 16 CFR 4.9(c). interested persons. Comments received

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during this period will become part of for any medical device that are in the text and on the envelope, and the public record. After thirty (30) days, permitted in labeling under any new should be mailed or delivered to the the Commission will again review the medical device application approved by following address: Federal Trade agreement and the comments received the FDA; and representations for any Commission/Office of the Secretary, and will decide whether it should product that are specifically permitted Room 135-H, 600 Pennsylvania Avenue, withdraw from the agreement or make in labeling for that product by NW, Washington, D.C. 20580. final the agreement’s proposed order. regulations issued by the FDA under the Comments containing confidential This matter involves the advertising Nutrition Labeling and Education Act of material must be filed in paper form, and promotion of ProBalance and 1990. must be clearly labeled ‘‘Confidential,’’ ProBalance Plus, transdermal creams Parts IV through VIII require and must comply with Commission that, according to their labels, contain, respondents to keep copies of relevant Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The among other ingredients, natural advertisements and materials FTC is requesting that any comment progesterone. According to the FTC substantiating claims made in the filed in paper form be sent by courier or complaint, respondents represented that advertisements; to provide copies of the overnight service, if possible, because ProBalance and ProBalance Plus: (1) Are order to certain of their personnel; to U.S. postal mail in the Washington area effective in preventing, treating, or notify the Commission of changes in and at the Commission is subject to curing osteoporosis; (2) are effective in corporate structure and changes in delay due to heightened security preventing or reducing the risk of employment that might affect precautions. Comments that do not estrogen-inducted endometrial (uterine) compliance obligations under the order; contain any nonpublic information may cancer; and (3) do not increase the and to file compliance reports with the instead be filed in electronic form as user’s risk of developing breast cancer Commission. Part IX provides that the part of or as an attachment to email and/or are effective in preventing or order will terminate after twenty (20) messages directed to the following email reducing the user’s risk of developing years under certain circumstances. box: [email protected]. breast cancer. The complaint alleges The purpose of this analysis is to The FTC Act and other laws the that respondents failed to have facilitate public comment on the Commission administers permit the substantiation for these claims. The proposed order. It is not intended to collection of public comments to complaint also alleges that respondents constitute an official interpretation of consider and use in this proceeding as misrepresented that clinical testing the agreement and proposed order or to appropriate. All timely and responsive proved that ProBalance and ProBalance modify in any way their terms. public comments, whether filed in Plus are effective in preventing or By direction of the Commission. paper or electronic form, will be reducing the risk of estrogen-induced considered by the Commission, and will endometrial (uterine) cancer and breast Donald S. Clark, be available to the public on the FTC cancer. The proposed consent order Secretary. website, to the extent practicable, at contains provisions designed to prevent [FR Doc. E7–20275 Filed 10–12–07: 8:45 am] www.ftc.gov. As a matter of discretion, respondents from engaging in similar [BILLING CODE 6750–01–S] the FTC makes every effort to remove acts and practices in the future. home contact information for Part I of the proposed order requires individuals from the public comments it respondents to have competent and FEDERAL TRADE COMMISSION receives before placing those comments reliable scientific evidence [File No. 072 3143] on the FTC website. More information, substantiating claims that any including routine uses permitted by the progesterone product or any other Merilou Barnekow, an individual Privacy Act, may be found in the FTC’s dietary supplement, food, drug, device trading and doing business as privacy policy, at http://www.ftc.gov/ or health-related service or program is Women’s Menopause Health Center; ftc/privacy.htm. effective in preventing, treating, or Analysis of Proposed Consent Order FOR FURTHER INFORMATION CONTACT: curing osteoporosis, in preventing or to Aid Public Comment Laura DeMartino (202) 326-3030, reducing the risk of estrogen-induced Bureau of Consumer Protection, Room endometrial cancer or breast cancer, or AGENCY: Federal Trade Commission. ACTION: Proposed Consent Agreement. NJ-2122, 600 Pennsylvania Avenue, in the mitigation, treatment, prevention, NW, Washington, D.C. 20580. or cure of any disease, illness, or health SUMMARY: The consent agreement in this SUPPLEMENTARY INFORMATION: Pursuant condition; that it does not increase the matter settles alleged violations of to section 6(f) of the Federal Trade user’s risk of developing breast cancer, federal law prohibiting unfair or Commission Act, 38 Stat. 721, 15 U.S.C. is safe for human use, or has no side deceptive acts or practices or unfair 46(f), and § 2.34 of the Commission effects; or about its health benefits, methods of competition. The attached Rules of Practice, 16 CFR 2.34, notice is performance, efficacy, safety, or side Analysis to Aid Public Comment hereby given that the above-captioned effects. describes both the allegations in the Part II of the proposed order prevents consent agreement containing a consent draft complaint and the terms of the respondents from misrepresenting the order to cease and desist, having been consent order—embodied in the consent existence, contents, validity, results, filed with and accepted, subject to final agreement—that would settle these conclusions, or interpretations of any approval, by the Commission, has been allegations. test, study, or research. placed on the public record for a period Part III of the proposed order provides DATES: Comments must be received on of thirty (30) days. The following that the order does not prohibit or before November 7, 2007. 1 ADDRESSES: The comment must be accompanied by an respondents from making Interested parties are explicit request for confidential treatment, representations for any drug that are invited to submit written comments. including the factual and legal basis for the request, permitted in labeling for the drug under Comments should refer to ‘‘Women’s and must identify the specific portions of the any tentative final or final Food and Menopause Health Center, File No. 071 comment to be withheld from the public record. The request will be granted or denied by the Drug Administration (‘‘FDA’’) standard 3143,’’ to facilitate the organization of Commission’s General Counsel, consistent with or under any new drug application comments. A comment filed in paper applicable law and the public interest. See approved by the FDA; representations form should include this reference both Commission Rule 4.9(c), 16 CFR 4.9(c).

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Analysis to Aid Public Comment reliable scientific evidence GENERAL SERVICES describes the terms of the consent substantiating claims that any ADMINISTRATION agreement, and the allegations in the progesterone product or any other [OMB Control No. 3090–0250] complaint. An electronic copy of the dietary supplement, food, drug, device full text of the consent agreement or health-related service or program is General Services Administration package can be obtained from the FTC effective in preventing, treating, or Acquisition Regulation; Information Home Page (for October 5, 2007), on the curing osteoporosis, in preventing or Collection; Zero Burden Information World Wide Web, at http://www.ftc.gov/ reducing the risk of estrogen-induced Collection Reports os/2007/10/index.htm. A paper copy endometrial cancer or breast cancer, or can be obtained from the FTC Public in the mitigation, treatment, prevention, AGENCY: Office of the Chief Acquisition Reference Room, Room 130-H, 600 or cure of any disease, illness, or health Officer, GSA. Pennsylvania Avenue, N.W., condition; that it does not increase the ACTION: Notice of request for comments Washington, D.C. 20580, either in user’s risk of developing breast cancer, regarding a renewal to an existing OMB person or by calling (202) 326-2222. is safe for human use, or has no side clearance. Public comments are invited, and may effects; or about its health benefits, SUMMARY: Under the provisions of the be filed with the Commission in either performance, efficacy, safety, or side Paperwork Reduction Act of 1995 (44 paper or electronic form. All comments effects. should be filed as prescribed in the U.S.C. Chapter 35), the General Services ADDRESSES section above, and must be Part II of the proposed order prevents Administration will be submitting to the received on or before the date specified respondent from misrepresenting the Office of Management and Budget in the DATES section. existence, contents, validity, results, (OMB) a request to review and approve conclusions, or interpretations of any an extension of a currently approved Analysis of Agreement Containing test, study, or research. information collection requirement Consent Order to Aid Public Comment Part III of the proposed order provides regarding zero burden information The Federal Trade Commission that the order does not prohibit collection reports. The clearance (‘‘FTC’’ or ‘‘Commission’’) has accepted, respondent from making representations currently expires on August 31, 2007. subject to final approval, an agreement for any drug that are permitted in Public comments are particularly containing a consent order from Merilou labeling for the drug under any tentative invited on: Whether this collection of Barnekow, an individual trading and final or final Food and Drug information is necessary and whether it doing business as Women’s Menopause Administration (‘‘FDA’’) standard or will have practical utility; whether our Health Center (‘‘respondent’’). under any new drug application estimate of the public burden of this The proposed consent order has been collection of information is accurate and placed on the public record for thirty approved by the FDA; representations for any medical device that are based on valid assumptions and (30) days for reception of comments by methodology; and ways to enhance the interested persons. Comments received permitted in labeling under any new medical device application approved by quality, utility, and clarity of the during this period will become part of information to be collected. the public record. After thirty (30) days, the FDA; and representations for any product that are specifically permitted DATES: Submit comments on or before: the Commission will again review the December 14, 2007. agreement and the comments received in labeling for that product by FOR FURTHER INFORMATION CONTACT: and will decide whether it should regulations issued by the FDA under the William Clark, Procurement Analyst, withdraw from the agreement or make Nutrition Labeling and Education Act of Contract Policy Division, at telephone final the agreement’s proposed order. 1990. (202) 219–1813 or via e-mail to This matter involves the advertising Parts IV through VIII require william.clark @gsa.gov. and promotion of Preserve Progesterone respondent to keep copies of relevant Cream and Return to Eden Progesterone advertisements and materials ADDRESSES: Submit comments regarding Cream, transdermal creams that, substantiating claims made in the this burden estimate or any other aspect according to their labels, contain, among advertisements; to provide copies of the of this collection of information, other ingredients, natural progesterone. order to certain of her personnel; to including suggestions for reducing this According to the FTC complaint, notify the Commission of changes in burden to the Regulatory Secretariat respondent represented that Preserve corporate structure and changes in (VIR), General Services Administration, Progesterone Cream and Return to Eden employment that might affect Room 4035, 1800 F Street, NW., Progesterone Cream: (1) are effective in compliance obligations under the order; Washington, DC 20405. Please cite OMB preventing, treating, or curing and to file compliance reports with the Control No. 3090–0250, Zero Burden osteoporosis; (2) are effective in Commission. Part IX provides that the Information Collection Reports, in all preventing or reducing the risk of order will terminate after twenty (20) correspondence. estrogen-inducted endometrial (uterine) years under certain circumstances. SUPPLEMENTARY INFORMATION: cancer; and (3) do not increase the The purpose of this analysis is to user’s risk of developing breast cancer A. Purpose facilitate public comment on the and/or are effective in preventing or This information requirement consists proposed order. It is not intended to reducing the user’s risk of developing of reports that do not impose collection constitute an official interpretation of breast cancer. The complaint alleges burdens upon the public. These the agreement and proposed order or to that respondent failed to have collections require information which is substantiation for these claims. The modify in any way their terms. already available to the public at large proposed consent order contains By direction of the Commission. or that is routinely exchanged by firms provisions designed to prevent during the normal course of business. A Donald S. Clark, respondent from engaging in similar general control number for these acts and practices in the future. Secretary. collections decreases the amount of Part I of the proposed order requires [FR Doc. E7–20271 Filed 10–12–07: 8:45 am] paperwork generated by the approval respondents to have competent and [BILLING CODE 6750–01–S] process.

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GSA has published rules in the information, please contact Karen DEPARTMENT OF HEALTH AND Federal Register that fall under Migdail at (301) 427–1855. HUMAN SERVICES information collection 3090–0250. The If sign language interpretation or other Food and Drug Administration rule that prescribed clause 552.238–70 reasonable accommodation for a ‘‘Identification of Electronic Office disability is needed, please contact Mr. [Docket No. 2007N–0098] Equipment Providing Accessibility for Donald L. Inniss, Director, Office of the Handicapped’’ was published at 56 Equal Employment Opportunity Agency Information Collection FR 29442, June 27, 1991, titled Activities; Submission for Office of Program, Program Support Center, on ‘‘Implementation of Public Law 99– Management and Budget Review; (301) 443–1144, no later than November 506’’, with an effective date of July 8, Comment Request; Focus Groups as 2, 2007. The agenda, roster, and minutes 1991; and Clause 552.238–74 Used by the Food and Drug ‘‘Industrial Funding Fee and Sales are available from Ms. Bonnie Campbell, Administration Reporting’’ published at 68 FR 41286, Committee Management Officer, Agency July 11, 2003. for Healthcare Research and Quality, AGENCY: Food and Drug Administration, 540 Gaither Road, Rockville, Maryland HHS. B. Annual Reporting Burden 20850. Her phone number is (301) 427– ACTION: Notice. None. 1554. OBTAINING COPIES OF SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: PROPOSALS: Requesters may obtain a Administration (FDA) is announcing that a proposed collection of copy of the information collection I. Purpose documents from the General Services information has been submitted to the Administration, Regulatory Secretariat The National Advisory Council for Office of Management and Budget (VIR), 1800 F Street, NW., Room 4035, Healthcare Research and Quality was (OMB) for review and clearance under Washington, DC 20405, telephone (202) established in accordance with Section the Paperwork Reduction Act of 1995. 501–4755. Please cite OMB Control No. 921 (now Section 931) of the Public DATES: Fax written comments on the 3090–0250, Zero Burden Information Health Service Act (42 U.S.C. 299c). In collection of information by November Collection Reports, in all accordance with its statutory mandate, 14, 2007. correspondence. the Council is to advise the Secretary of ADDRESSES: To ensure that comments on Dated: October 5, 2007. the Department of Health and Human the information collection are received, OMB recommends that written Al Matera, Services and the Director, Agency for comments be faxed to the Office of Director, Office of Acquisition Policy. Healthcare Research and Quality (AHRQ), on matters related to actions of Information and Regulatory Affairs, [FR Doc. E7–20255 Filed 10–12–07; 8:45 am] OMB, Attn: FDA Desk Officer, FAX: BILLING CODE 6820–61–S the Agency to enhance the quality, improve the outcomes, reduce the costs 202–395–6974, or e-mailed to [email protected]. All comments of health care services, improve access should be identified with the OMB to such services through scientific DEPARTMENT OF HEALTH AND control number 0910–0497. Also HUMAN SERVICES research, and to promote improvements include the FDA docket number found in clinical practice and in the in brackets in the heading of this Agency for Healthcare Research and organization, financing, and delivery of document. Quality health care services. The Council is composed of members of the public, FOR FURTHER INFORMATION CONTACT: Meeting of the National Advisory appointed by the Secretary, and Federal Jonna Capezzuto, Office of the Chief Information Officer (HFA–250), Food Council for Healthcare Research and ex-officio members. Quality and Drug Administration, 5600 Fishers II. Agenda Lane, Rockville, MD 20857, 301–827– AGENCY: Agency for Healthcare Research 4659. and Quality (AHRQ), HHS. On Friday, November 9, the Council SUPPLEMENTARY INFORMATION: In ACTION: meeting will convene at 9 a.m., with the Notice of public meeting. compliance with 44 U.S.C. 3507, FDA call to order by the Council Chair and has submitted the following proposed SUMMARY: In accordance with section approval of previous Council minutes. 10(a) of the Federal Advisory Committee collection of information to OMB for The Director, AHRQ, will present her review and clearance. Act, this notice announces a meeting of update on AHRQ’s current research, the National Advisory Council for programs, and initiatives. The agenda Focus Groups as Used by the Food and Healthcare Research and Quality. will include a discussion of the National Drug Administration—(OMB Control DATES: The meeting will be held on Healthcare Quality and Disparities Number 0910–0497)—Extension Friday, November 9, 2007, from 9 a.m. Reports, needed research on Health Care Focus groups provide an important to 3 p.m. Value and Capacity Building. The role in gathering information because ADDRESSES: The meeting will be held at official agenda will be available on they allow for a more in-depth the Eisenberg Conference Center, AHRQ’s Web site at http:// understanding of consumers’ attitudes, Agency for Healthcare Research and www.ahrq.gov no later than November beliefs, motivations, and feelings than Quality, 540 Gaither Road, Rockville, 2, 2007. do quantitative studies. Focus groups Maryland 20850. serve the narrowly defined need for Dated: October 5, 2007. FOR FURTHER INFORMATION CONTACT: direct and informal opinion on a Deborah Queenan, Coordinator of the Carolyn M. Clancy, specific topic and as a qualitative Advisory Council, at the Agency for Director. research toolhave three major purposes: Healthcare Research and Quality, 540 [FR Doc. 07–5057 Filed 10–12–07; 8:45 am] • To obtain consumer information Gaither Road, Rockville, Maryland BILLING CODE 4160–90–M that is useful for developing variables 20850, (301) 427–1330. For press-related and measures for quantitative studies,

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• To better understand consumers’ generally conduct further research 60-day notice requesting public attitudes and emotions in response to before making important decisions such comment on the information collection topics and concepts, and as adopting new policies and allocating provisions. No comments were received. • To further explore findings or redirecting significant resources to FDA estimates the burden for obtained from quantitative studies. support these policies. completing the forms for this collection FDA will use focus group findings to In the Federal Register of March 27, test and refine their ideas, but will 2007 (72 FR 14279), FDA published a of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of No. of Focus Hours of Dura- Focus Groups Sessions No. of tion for Each Total FDA Center Subject Groups per Conducted Participants Group (Includes Hours Study Annually per Group Screening)

Center for Biologics Evalua- May use focus groups when 1 5 9 1.58 71 tion and Research appropriate

Center for Drug Evaluation Varies (e.g., direct-to-consumer 10 200 9 1.58 2,844 and Research Rx drug promotion, physician labeling of Rx drugs, medica- tion guides, over-the-counter drug labeling, risk communica- tion)

Center for Devices and Ra- Varies (e.g., FDA Seal of Ap- 4 16 9 2.08 300 diological Health proval, patient labeling, tam- pons, online sales of medical products, latex gloves)

Center for Food Safety and Varies (e.g., food safety, nutri- 8 40 9 1.58 569 Applied Nutrition tion, dietary supplements, and consumer education)

Center for Veterinary Medi- Varies (e.g., animal nutrition, 5 25 9 2.08 468 cine supplements, labeling of animal Rx)

Total 28 286 9 1.78 4,252 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Annually, FDA projects about 28 of the Food and Drug Administration Rockville, MD 20857, 301–827–3340, e- focus group studies using 186 focus (FDA). The meeting will be open to the mail:Carlos.Pen˜ [email protected], or FDA groups lasting an average of 1.78 hours public. Advisory Committee Information Line, each. FDA has allowed burden for Name of Committee: Pediatric 1–800–741–8138 (301–443–0572 in the unplanned focus groups to be Advisory Committee. Washington, DC area), code completed so as not to restrict the General Function of the Committee: 8732310001. Please call the Information agency’s ability to gather information on To provide advice and Line for up to date information on this public sentiment for its proposals in its recommendations to the agency on meeting. A notice in the Federal regulatory as well as other programs. FDA’s regulatory issues. The committee Register about last minute modifications Dated: October 9, 2007. also advises and makes that impact a previously announced recommendations to the Secretary of advisory committee meeting cannot Jeffrey Shuren, Health and Human Services under 45 always be published quickly enough to Assistant Commissioner for Policy. CFR 46.407 on research involving provide timely notice. Therefore, you [FR Doc. E7–20291 Filed 10–12–07; 8:45 am] children as subjects that is conducted or should always check the agency’s Web BILLING CODE 4160–01–S supported by the Department of Health site and call the appropriate advisory and Human Services, when that committee hot line/phone line to learn research is also regulated by FDA. about possible modifications before DEPARTMENT OF HEALTH AND Date and Time: The meeting will be coming to the meeting. HUMAN SERVICES held on Tuesday, November 27, 2007, Agenda: On November 27, 2007, in response to the Pediatric Advisory Food and Drug Administration from 8 a.m. to 5:30 p.m. and Wednesday, November 28, 2007, from 8 Committee’s 2005 request for specific Pediatric Advisory Committee; Notice a.m. to 6 p.m. updates after 2 additional years of of Meeting Location: Hilton, Washington DC influenza seasons, the committee will North/Gaithersburg, Grand Ballroom, receive information on adverse event AGENCY: Food and Drug Administration, 620 Perry Pkwy., Gaithersburg, MD. reports, focusing on neuropsychiatric HHS. Contact Person: Carlos Pen˜ a, Office of and behavioral events, for Tamiflu ACTION: Notice. Science and Health Coordination, Office (OSELTAMIVIR). On November 28, of the Commissioner (HF–33), Food and 2007, the Pediatric Advisory Committee This notice announces a forthcoming Drug Administration, 5600 Fishers Lane will hear and discuss reports by the meeting of a public advisory committee (for express delivery, rm. 14B–08), agency, as mandated in Section 17 of

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the Best Pharmaceuticals for Children Pen˜ a at least 7 days in advance of the Register about last minute modifications Act (BPCA), on adverse event reports for meeting. that impact a previously announced Serevent (SALMETEROL), Provigil FDA is committed to the orderly advisory committee meeting cannot (MODAFINIL), Azopt conduct of its advisory committee always be published quickly enough to (BRINZOLAMIDE), Bextaxon meetings. Please visit our Web site provide timely notice. Therefore, you (LEVOBETAXOLOL), Emtrivia athttp://www.fda.gov/oc/advisory/ should always check the agency’s Web (EMTRICITABINE), and Gleevec default.htm for procedures on public site and call the appropriate advisory (IMATINAB MESYLATE). The Pediatric conduct during advisory committee committee hot line/phone line to learn Advisory Committee will also hear meetings. about possible modifications before about and discuss the Pediatric Notice of this meeting is given under coming to the meeting. Initiatives between FDA and the the Federal Advisory Committee Act (5 Agenda: The Pediatric Advisory European Medicines Agency. U.S.C. app. 2). Committee will hear and discuss issues FDA intends to make background Dated: October 8, 2007. related to FDA’s draft guidance for material available to the public no later Industry entitled ‘‘Clinical Lactation Randall W. Lutter, than 2 business days before the meeting. Studies—Study Design, Data Analysis, If FDA is unable to post the background Deputy Commissioner for Policy. and Recommendations for Labeling,’’ material on its Web site prior to the [FR Doc. E7–20302 Filed 10–12–07; 8:45 am] that published in the Federal Register of meeting, the background material will BILLING CODE 4160–01–S Tuesday, February 8, 2005 (70 FR 6697). be made publicly available at the As part of the review and consideration location of the advisory committee of public comments received by FDA in meeting, and the background material DEPARTMENT OF HEALTH AND response to this draft guidance, the will be posted on FDA’s Web site after HUMAN SERVICES Pediatric Advisory Committee will hear the meeting. Background material is and discuss information on: Labeling of Food and Drug Administration available at http://www.fda.gov/ohrms/ drugs for use by lactating women; dockets/ac/acmenu.htm, click on the Pediatric Advisory Committee; Notice breastfeeding physiology, benefits, and year 2007 and scroll down to the of Meeting current research; the physiology and appropriate advisory committee link. pharmacology of drug transfer into Procedure: Interested persons may AGENCY: Food and Drug Administration, breast milk; and ethical issues related to present data, information, or views, HHS. studying breastfeeding mother/infant orally or in writing, on issues pending ACTION: Notice. pairs. before the committee. Written FDA intends to make background submissions may be made to the contact This notice announces a forthcoming material available to the public no later person on or before November 5, 2007. meeting of a public advisory committee than 2 business days before the meeting. Oral presentations from the public will of the Food and Drug Administration If FDA is unable to post the background be scheduled between approximately 1 (FDA). The meeting will be open to the material on its Web site prior to the p.m. to 2: p.m. on November 27, 2007 public. meeting, the background material will and 11 a.m. to 11:30 a.m. and 3 p.m. to Name of Committee: Pediatric be made publicly available at the 3:30 p.m. on November 28, 2007. Those Advisory Committee. location of the advisory committee desiring to make formal oral General Function of the Committee: meeting, and the background material presentations should notify the contact To provide advice and will be posted on FDA’s Web site after person and submit a brief statement of recommendations to the agency on the meeting. Background material will the general nature of the evidence or FDA’s regulatory issues. The committee be available at http://www.fda.gov/ arguments they wish to present, the also advises and makes ohrms/dockets/ac/acmenu.htm, click on names and addresses of proposed recommendations to the Secretary of the year 2007 and scroll down to the participants, and an indication of the Health and Human Services under 45 appropriate advisory committee link. approximate time requested to make CFR 46.407 on research involving Procedure: Interested persons may their presentation on or before October children as subjects that is conducted or present data, information, or views, 26, 2007. Time allotted for each supported by the Department of Health orally or in writing, on issues pending presentation may be limited. If the and Human Services , when that before the committee. Written number of registrants requesting to research is also regulated by FDA. submissions may be made to the contact speak is greater than can be reasonably Date and Time: The meeting will be person on or before November 5, 2007. accommodated during the scheduled held on Thursday, November 29, 2007, Oral presentations from the public will open public hearing session, FDA may from 8 a.m. to 4 p.m. be scheduled between approximately 1 conduct a lottery to determine the Location: Hilton, Washington DC p.m. to 2 p.m. Those desiring to make speakers for the scheduled open public North/Gaithersburg, Grand Ballroom, formal oral presentations should notify hearing session. The contact person will 620 Perry Pkwy., Gaithersburg, MD. the contact person and submit a brief notify interested persons regarding their Contact Person: Carlos Pen˜ a, Office of statement of the general nature of the request to speak by October 29, 2007. Science and Health Coordination, Office evidence or arguments they wish to Persons attending FDA’s advisory of the Commissioner (HF–33), Food and present, the names and addresses of committee meetings are advised that the Drug Administration, 5600 Fishers Lane proposed participants, and an agency is not responsible for providing (for express delivery, rm. 14B–08), indication of the approximate time access to electrical outlets. Rockville, MD 20857, 301–827–3340, e- requested to make their presentation on FDA welcomes the attendance of the mail: Carlos.Pen˜ [email protected], or FDA or before October 26, 2007. Time public at its advisory committee Advisory Committee Information Line, allotted for each presentation may be meetings and will make every effort to 1–800–741–8138 (301–443–0572 in the limited. If the number of registrants accommodate persons with physical Washington, DC area), code requesting to speak is greater than can disabilities or special needs. If you 8732310001. Please call the Information be reasonably accommodated during the require special accommodations due to Line for up-to-date information on this scheduled open public hearing session, a disability, please contact Dr. Carlos meeting. A notice in the Federal FDA may conduct a lottery to determine

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the speakers for the scheduled open DATES: Although you can comment on This draft guidance is being issued public hearing session. The contact any guidance at any time (see 21 CFR consistent with FDA’s good guidance person will notify interested persons 10.115 (g)(5)), to ensure that the agency practices regulation (21 CFR 10.115). regarding their request to speak by considers your comment on this draft The draft guidance, when finalized, will October 29, 2007. guidance before it begins work on the represent the agency’s current thinking Persons attending FDA’s advisory final version of the guidance, submit on the use of noninferiority studies to committee meetings are advised that the written or electronic comments on the support approval of antibacterial drug agency is not responsible for providing draft guidance by December 14, 2007. products. It does not create or confer access to electrical outlets. ADDRESSES: Submit written requests for any rights for or on any person and does FDA welcomes the attendance of the single copies of the draft guidance to the not operate to bind FDA or the public. public at its advisory committee Division of Drug Information (HFD– An alternative approach may be used if meetings and will make every effort to 240), Center for Drug Evaluation and such approach satisfies the accommodate persons with physical Research, Food and Drug requirements of the applicable statutes disabilities or special needs. If you Administration, 5600 Fishers Lane, and regulations. require special accommodations due to Rockville, MD 20857. Send one self- a disability, please contact Dr. Carlos addressed adhesive label to assist that II. The Paperwork Reduction Act of Pen˜ a at least 7 days in advance of the office in processing your requests. 1995 meeting. Submit written comments on the draft FDA is committed to the orderly guidance to the Division of Dockets This guidance refers to previously conduct of its advisory committee Management (HFA–305), Food and Drug approved collections of information that meetings. Please visit our Web site Administration, 5630 Fishers Lane, Rm. are subject to review by the Office of athttp://www.fda.gov/oc/advisory/ 1061, Rockville, MD 20852. Submit Management and Budget (OMB) under default.htm for procedures on public electronic comments to http:// the Paperwork Reduction Act of 1995 conduct during advisory committee www.fda.gov/dockets/ecomments or (44 U.S.C. 3501–3520). The collections meetings. http://www.regulations.gov. See the of information in 21 CFR parts 312 and Notice of this meeting is given under SUPPLEMENTARY INFORMATION section for 314 have been approved under OMB the Federal Advisory Committee Act (5 electronic access to the draft guidance control numbers 0910–0014 and 0910– U.S.C. app. 2). document. 0001, respectively, and the collection of Dated: October 8, 2007. FOR FURTHER INFORMATION CONTACT: information under the guidance for Randall W. Lutter, Edward Cox, Center for Drug Evaluation industry Special Protocol Assessment Deputy Commissioner for Policy. and Research, Food and Drug has been approved under OMB control [FR Doc. E7–20304 Filed 10–12–07; 8:45 am] Administration, 10903 New Hampshire number 0910–0470. BILLING CODE 4160–01–S Ave., Bldg. 22, Rm. 6412, Silver Spring, MD 20993–0002, 301–796–1300. III. Comments SUPPLEMENTARY INFORMATION: Interested persons may submit to the DEPARTMENT OF HEALTH AND I. Background Division of Dockets Management (see HUMAN SERVICES ADDRESSES) written or electronic FDA is announcing the availability of comments regarding this document. Food and Drug Administration a draft guidance for industry entitled ‘‘Antibacterial Drug Products: Use of Submit a single copy of electronic [Docket No. 2007D–0367] Noninferiority Studies to Support comments or two paper copies of any Approval.’’ Most antibacterial drugs mailed comments, except that Draft Guidance for Industry on individuals may submit one paper copy. Antibacterial Drug Products: Use of have been approved based on active- controlled noninferiority trials. There Comments are to be identified with the Noninferiority Studies to Support docket number found in brackets in the Approval; Availability have been a number of public discussions in recent years on the use of heading of this document. Received AGENCY: Food and Drug Administration, noninferiority studies to support comments may be seen in the Division HHS. regulatory approval of antibacterial drug of Dockets Management between 9 a.m. ACTION: Notice. products. Some of these discussions and 4 p.m., Monday through Friday. have focused on specific diseases such IV. Electronic Access SUMMARY: The Food and Drug as acute bacterial sinusitis, acute Administration (FDA) is announcing the bacterial otitis media, and acute Persons with access to the Internet availability of a draft guidance for bacterial exacerbation of chronic may obtain the document at either industry entitled ‘‘Antibacterial Drug bronchitis. These public discussions http://www.fda.gov/cder/guidance/ Products: Use of Noninferiority Studies have contributed to FDA’s evolving index.htm or http://www.fda.gov/ to Support Approval.’’ The purpose of understanding of the science of clinical ohrms/dockets/default.htm. this guidance is to inform industry of trials and, in particular, the appropriate FDA’s current thinking regarding role of active-controlled studies Dated: October 9, 2007. appropriate clinical study designs to designed to show noninferiority in the Jeffrey Shuren, evaluate antibacterial drugs, and to ask development of antibacterial drug Assistant Commissioner for Policy. sponsors to amend ongoing or products. [FR Doc. E7–20282 Filed 10–12–07; 8:45 am] completed studies accordingly. This This draft guidance recommends that BILLING CODE 4160–01–S guidance is in response to a number of sponsors provide justification for the public discussions in recent years treatment effect size and the proposed regarding the use of active-controlled noninferiority margin for all studies designed to show noninferiority antibacterial development programs for as a basis for approval of antibacterial which approval will rely on drug products. noninferiority studies.

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DEPARTMENT OF HEALTH AND www.fda.gov/dockets/ecomments or U.S.C. 3506(c)(2)(A)) requires Federal HUMAN SERVICES http://www.regulations.gov. agencies to provide a 60-day notice in FOR FURTHER INFORMATION CONTACT: the Federal Register concerning each Food and Drug Administration Vasilios Frankos, Center for Food Safety proposed collection of information [Docket No. 2007D–0388] and Applied Nutrition (HFS–810), Food before submitting the collection to OMB and Drug Administration, 5100 Paint for approval. To comply with this Draft Guidance for Industry: Questions Branch Pkwy., College Park, MD 20740, requirement, FDA is publishing notice and Answers Regarding Adverse Event 301–436–2375. of the proposed collection of information set forth below. Reporting and Recordkeeping for SUPPLEMENTARY INFORMATION: Dietary Supplements as Required by With respect to the following the Dietary Supplement and I. Background collection of information, FDA invites comment on: (1) Whether the proposed Nonprescription Drug Consumer FDA is announcing the availability of collection of information is necessary Protection Act; Availability a draft guidance entitled ‘‘Questions and for the proper performance of FDA’s Answers Regarding Adverse Event AGENCY: Food and Drug Administration, functions, including whether the Reporting and Recordkeeping for HHS. information will have practical utility; Dietary Supplements as Required by the (2) the accuracy of FDA’s estimate of the ACTION: Notice. Dietary Supplement and burden of the proposed collection of SUMMARY: The Food and Drug Nonprescription Drug Consumer information, including the validity of Administration (FDA) is announcing the Protection Act.’’ On December 22, 2006, the methodology and assumptions used; availability of a draft guidance entitled the President signed into law the (3) ways to enhance the quality, utility, ‘‘Questions and Answers Regarding Dietary Supplement and and clarity of the information to be Adverse Event Reporting and Nonprescription Drug Consumer collected; and (4) ways to minimize the Recordkeeping for Dietary Supplements Protection Act (the DSNDCPA) (Public burden of the collection on respondents, as Required by the Dietary Supplement Law 109–462, 120 Stat. 3469). This law including through the use of automated and Nonprescription Drug Consumer amends the Federal Food, Drug, and collection techniques, when Protection Act.’’ This draft guidance is Cosmetic Act (the act) with respect to appropriate, and other forms of intended to assist the dietary serious adverse event reporting for information technology. supplement industry in complying with dietary supplements and non- Title: Adverse Event Reporting and the serious adverse events reporting and prescription drugs marketed without an Recordkeeping for Dietary Supplements recordkeeping requirements prescribed approved application. The draft as Required by the Dietary Supplement for dietary supplement manufacturers, guidance document contains questions and Nonprescription Drug Consumer packers, and distributors by the Dietary and answers relating to the new Protection Act. Supplement and Nonprescription Drug requirements under the DSNDCPA, Description of Respondents: Consumer Protection Act. Separate concerning the mandatory reporting to Respondents to this collection of guidance, issued by the Center for Drug FDA of serious adverse events information are manufacturers, packers, Evaluation and Research on reporting associated with dietary supplements, and distributors of dietary supplements for nonprescription (over-the-counter the minimum data elements to be marketed in the United States. (OTC)) human drugs marketed without submitted in such reports, and records The draft guidance presents FDA’s an approved application, is announced of serious and non-serious adverse recommendations for complying with elsewhere in this issue of the Federal events reported to a dietary supplement the dietary supplement adverse event Register. manufacturer, packer, or distributor. reporting and recordkeeping The draft guidance is being issued requirements of the act, as amended by DATES: Submit written or electronic consistent with FDA’s good guidance the DSNDCPA. These requirements comments on the draft guidance practices regulation (21 CFR 10.115). become effective on December 22, 2007. document, including comments The draft guidance, when finalized, will regarding proposed collection of represent FDA’s current thinking on this A. Reporting information, by December 14, 2007. topic. It does not create or confer any Under section 761(b)(1) of the act (21 ADDRESSES: Submit written requests for rights for or on any person and does not U.S.C. 379aa–1(b)(1)), the manufacturer, single copies of the draft guidance to the operate to bind FDA or the public. An packer, or distributor whose name Office of Nutritional Products, Labeling, alternative approach may be used if (under section 403(e)(1) of the act (21 and Dietary Supplements (HFS–800), such approach satisfies the requirement U.S.C. 343(e)(1))) appears on the label of Food and Drug Administration, 5100 of the applicable statutes and a dietary supplement marketed in the Paint Branch Pkwy., College Park, MD regulations. United States is required to submit to 20740. Send one self-addressed FDA any serious adverse event report it II. Paperwork Reduction Act of 1995 adhesive label to assist the office in receives regarding use of the dietary processing your request, or include a fax Under the Paperwork Reduction Act supplement in the United States, number to which the draft guidance of 1995 (the PRA) (44 U.S.C. 3501– accompanied by a copy of the product may be sent. See the SUPPLEMENTARY 3520), Federal agencies must obtain label. In addition, under section INFORMATION section for electronic approval from the Office of Management 761(c)(2) of the act, the submitter of the access to the draft guidance. and Budget (OMB) for each collection of serious adverse event report (referred to Submit written comments on the draft information they conduct or sponsor. in the statute as the ‘‘responsible guidance, including comments ‘‘Collection of information’’ is defined person’’) is required to submit to FDA regarding proposed collection of in 44 U.S.C. 3502(3) and 5 CFR a followup report of any related new information, to the Division of Dockets 1320.3(c) and includes agency requests medical information the responsible Management (HFA–305), Food and Drug or requirements that members of the person receives within 1 year of the Administration, 5630 Fishers Lane, Rm. public submit reports, keep records, or initial report. 1061, Rockville, MD 20852. Submit provide information to a third party. The draft guidance discusses how, electronic comments to either http:// Section 3506(c)(2)(A) of the PRA (44 when, and where to submit serious

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adverse event reports for dietary and that FDA consolidate all copy of the initial serious adverse event supplements and followup reports of information related to a serious adverse report on Form 3500A as part of any new medical information. In accordance event into a single report (section followup report of new medical with the statutory requirements that 761(c)(3) of the act), the draft guidance information. serious adverse event reports for dietary directs the responsible person to submit FDA estimates the burden of this supplements be submitted via serious adverse event reports on collection of information as follows: MedWatch (section 761(d) of the act) MedWatch Form 3500A and to attach a

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual frequency Total annual Hours per respondents per response responses response Total hours

Serious adverse event reports for die- tary supplements (21 U.S.C. 379aa– 1(b)(1)) 80 12 960 2 1,920

Followup reports of new medical infor- mation (21 U.S.C. 379aa–1(c)(2)) 20 12 240 1 420

Total 2,160 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

B. Reporting Burden purposes, CAERS staff estimate that report. Given our lack of experience they will receive about 80 serious with mandatory dietary supplement Because mandatory reporting of adverse event reports relating to dietary adverse event reporting, we do not have serious adverse events for dietary supplements each month. Thus, we any information on the number of supplements does not become effective estimate that the number of dietary followup reports of new medical until December 22, 2007, FDA has no supplement serious adverse event information that will be submitted to data on mandatory dietary supplement reports submitted to FDA annually will adverse event reports from past years to FDA each year. We expect followup total 960 reports (12 x 80 reports per medical information to be reported for use in developing a burden estimate. month). FDA requests comments on this However, FDA currently collects some percentage of the 960 serious estimate. adverse event reports we estimate voluntarily-submitted adverse event FDA’s Center for Drug Evaluation and reports for dietary supplements. receiving annually. In the absence of Research estimates it will take data that would support a more precise Industry, health care providers, and respondents a total of 2 hours to collect consumers voluntarily submit several estimate, we will assume that 25 percent information about a serious adverse of the 960 serious adverse event reports thousand reports annually to FDA’s event associated with an over-the- Center for Food Safety and Applied for dietary supplements will have a counter drug marketed without an followup report submitted. FDA Nutrition (CFSAN) through the CFSAN approved application and report the Adverse Events Reporting System requests comments on this estimate. We information to FDA on MedWatch Form estimate that each followup report will (CAERS), which contains reports of 3500A. That time burden estimate is adverse events associated with require an hour to assemble and submit, based on FDA’s knowledge of the including the time needed to copy and conventional foods, dietary adverse drug experience reports attach the initial serious adverse event supplements, and cosmetics. According submitted to the agency for report as recommended in the draft to a Congressional Budget Office Cost nonprescription drug products marketed guidance. We assume the followup Estimate (Ref. 1), in 2005 CAERS under an approved application, report will take less time than the initial received almost 500 reports of adverse including knowledge about the time events suspected to be related to dietary needed to prepare the reports. FDA serious adverse event report, as the supplements. believes that the time for a dietary responsible person will not need to fill Only manufacturers, packers, and supplement firm to collect information out Form 3500A for the followup report. distributors of dietary supplements are about a serious adverse event associated FDA requests comments on whether the required to report adverse events for with a dietary supplement and report burden estimate of 1 hour is reasonable these products to FDA, and only if the the information to FDA will be for this information collection. The firm’s name appears on the label of the approximately the same, as MedWatch estimated total annual burden for dietary supplement associated with the Form 3500A will be used in both cases; followup reports of new medical adverse event. Moreover, reporting is therefore, we also estimate this time information is shown in row 2 of table required only for those adverse events burden at 2 hours per report. The 1 of this document. defined as ‘‘serious.’’ FDA does not estimated total annual burden for C. Recordkeeping know how many of the 500 reports of dietary supplement serious adverse dietary supplement adverse events event reports is shown in row 1 of table Section 761(e)(1) of the act requires voluntarily submitted in 2005 would 1 of this document. that responsible persons maintain have been considered serious, nor how If a firm that has submitted a serious records related to dietary supplement many of these reports originated from or adverse event report receives new adverse event reports they receive, were reported to the manufacturer, medical information related to the whether or not the adverse event is packer, or distributor whose name serious adverse event within 1 year of serious. Under the statute, the records appears on the label of the dietary submitting the initial report, the firm must be retained for a period of 6 years. supplement associated with the adverse must provide the new medical The draft guidance provides FDA’s event. As a rough estimate for planning information to FDA in a followup recommendations as to what records

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industry should maintain to satisfy the this kind of record for at least several 25, 2007) that there are 1,460 statutory recordkeeping requirement. years after receiving the report, as a manufacturers, packers, and holders of The guidance recommends that the matter of usual and customary business dietary supplements (72 FR 34752 at responsible person document its practice. FDA requests comment on 34920). We assume that the estimated attempts to obtain the minimum data current adverse event recordkeeping 50,000 adverse event reports related to elements for a serious adverse event practices in the dietary supplement dietary supplements will be spread report. Along with these records, the industry, including the length of time evenly among these firms. The estimate guidance recommends that the such records are typically kept. of the number of manufacturers, responsible person keep the following According to a 2001 report by the packers, and holders of dietary other records: (1) Communications Office of the Inspector General, between supplements from the GMP final rule is between the responsible person and the 1994–1999 FDA received 2,547 adverse FDA’s best estimate of the number of initial reporter of the adverse event and event reports involving dietary firms that are ‘‘responsible persons’’ with any other person(s) who provided supplements, or about 500 reports per who must comply with the information about the adverse event; (2) year, on average (Ref. 2). According to recordkeeping requirements of the (for serious adverse events only) the the report, the actual number of adverse DSNDCPA; however, it is not a precise responsible person’s serious adverse events relating to dietary supplements is estimate because the number of dietary event report to FDA on MedWatch Form likely to be at least 100 times that many, supplement establishments covered by 3500A, with attachments; (3) any new or more than 50,000 adverse events per the GMP final rule is likely to be larger medical information about the adverse year. In the absence of data on how than the number of ‘‘responsible event received by the responsible many adverse events will be reported persons,’’ where a ‘‘responsible person’’ person; (4) (for serious adverse events each year to the responsible person once is a dietary supplement manufacturer, only) any reports to FDA of new the DSNDCPA becomes effective in packer, or distributor whose name is medical information related to the December 1997, we are using the 50,000 listed on the label of a dietary serious adverse event report. We per year figure as an upper bound supplement marketed in the United estimate that assembling and filing these estimate of reporting. This is almost States (see section 761(b)(1) of the act). records, including any necessary certainly an overestimate of the number Thus, FDA’s estimate for the number of photocopying, will take approximately of reports the firms will receive, as it is respondents in table 2 may be 0.5 hours per adverse event report unlikely that every adverse event that overinclusive. FDA requests comments received by the responsible person. occurs will be reported to the on the number of firms that would be Once the documents pertaining to an responsible person. FDA requests subject to the recordkeeping adverse event report have been comments on this estimate. requirements of the DSNDCPA. assembled and filed, FDA expects the We estimated in the economic impact The estimated total annual records retention burden to be minimal, analysis of the Dietary Supplement recordkeeping burden under the statute as the agency believes most Good Manufacturing Practices final rule and this guidance is shown in table 2 of establishments would normally keep (the GMP final rule) (72 FR 34752, June this document.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

No. of Annual frequency Total annual Hours per Total hours recordkeepers per recordkeeping records 2 record

Dietary supplement adverse event records (21 U.S.C. 379aa–1(e)(1)) 1,460 4.2465 50,000 0.5 25,000

Total 25,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 For purposes of estimating the number of records and hours per record, a ‘‘record’’ means all records kept for an individual adverse event re- port received by the responsible person.

III. Comments IV. References V. Electronic Access Interested persons may submit to the The following references have been Persons with access to the Internet Division of Dockets Management (see placed on display in the Division of may obtain the draft guidance at http:// ADDRESSES) written or electronic Dockets Management (see ADDRESSES) www.cfsan.fda.gov/guidance.html. comments regarding the draft guidance, and may be seen by interested persons Dated: October 10, 2007. including comments regarding proposed between 9 a.m. and 4 p.m., Monday Jeffrey Shuren, collection of information. Submit a through Friday. single copy of electronic comments or 1. S. 3546 Dietary Supplement and Assistant Commissioner for Policy. two paper copies of any mailed Nonprescription Drug and Consumer [FR Doc. 07–5074 Filed 10–11–07; 11:34 am] comments, except that individuals may Protection Act, Congressional Budget Office BILLING CODE 4160–01–S submit one paper copy. Comments are Cost Estimate, December 27, 2006. to be identified with the docket number 2. ‘‘Adverse Event Reporting For Dietary found in brackets in the heading of this Supplements: An Inadequate Safety Valve,’’ document. The draft guidance and Office of the Inspector General, Department of Health and Human Services, April 2001, received comments may be seen in the OEI–01–00–00180. Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

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DEPARTMENT OF HEALTH AND www.fda.gov/dockets/ecomments or This draft guidance is being issued HUMAN SERVICES http://www.regulations.gov. See the consistent with FDA’s good guidance SUPPLEMENTARY INFORMATION section for practices regulation (21 CFR 10.115). Food and Drug Administration electronic access to the draft guidance The draft guidance, when finalized, will document. represent the agency’s current thinking [Docket No. 2007D–0386] FOR FURTHER INFORMATION CONTACT: on postmarketing adverse event Draft Guidance for Industry on Kathleen Frost, Center for Drug reporting for nonprescription human Postmarketing Adverse Event Evaluation and Research, Food and drug products marketed without an Reporting for Nonprescription Human Drug Administration, 10903 New approved application. It does not create Drug Products Marketed Without an Hampshire Ave., Bldg. 22, rm. 4312, or confer any rights for or on any person Approved Application; Availability Silver Spring, MD 20993–0002, 301– and does not operate to bind FDA or the 796–2380. public. An alternative approach may be AGENCY: Food and Drug Administration, used if such approach satisfies the SUPPLEMENTARY INFORMATION: HHS. requirements of the applicable statutes ACTION: Notice. I. Background and regulations. FDA is announcing the availability of II. Comments SUMMARY: The Food and Drug a draft guidance for industry entitled Administration (FDA) is announcing the Interested persons may submit to the ‘‘Postmarketing Adverse Event availability of a draft guidance for Division of Dockets Management (see Reporting for Nonprescription Human industry entitled ‘‘Postmarketing ADDRESSES) written or electronic Drug Products Marketed Without an Adverse Event Reporting for comments regarding this document. Approved Application.’’ Public Law Nonprescription Human Drug Products Submit a single copy of electronic 109–462, the Dietary Supplement and Marketed Without an Approved comments or two paper copies of any Nonprescription Drug Consumer Application.’’ This draft guidance mailed comments, except that Protection Act, which was signed by the document provides guidance to industry individuals may submit one copy. President on December 22, 2006, states: on postmarketing serious adverse event Comments are to be identified with the ‘‘Not later than 270 days after the date reporting for nonprescription (over-the- docket number found in brackets in the of enactment of this Act, the Secretary counter (OTC)) human drugs marketed heading of this document. Received of Health and Human Services shall without an approved application. It comments may be seen in the Division issue guidance on the minimum data gives guidance on the minimum data of Dockets Management between 9 a.m. elements that should be included in a elements that should be included in a and 4 p.m., Monday through Friday. serious adverse event report as serious adverse event report, the label described under the amendments made III. Paperwork Reduction Act of 1995 that should be included with the report, by this Act’’ (section 2(e)(3)). Public Under the Paperwork Reduction Act reporting formats for paper and Law 109–462 also requires certain (44 U.S.C. 3501–3520) (the PRA), electronic submissions, and how and postmarketing safety reports for dietary Federal agencies must obtain approval where to submit the reports. Separate supplements. from the Office of Management and guidance, issued by the Center for Food Public Law 109–462 amends the Budget (OMB) for each collection of Safety and Applied Nutrition on Federal Food, Drug, and Cosmetic Act information they conduct or sponsor. reporting for dietary supplements, is (the act) to add safety reporting ‘‘Collection of information’’ is defined announced elsewhere in this issue of requirements for nonprescription drug in 44 U.S.C. 3502(3) and 5 CFR the Federal Register. products that are marketed without an 1320.3(c) and includes agency requests DATES: Although you can comment on approved application. In accordance or requirements that members of the any guidance at any time (see 21 CFR with section 760(b) of the act (21 U.S.C. public submit reports, keep records, or 10.115(g)(5)), to ensure that the agency 379aa), the manufacturer, packer, or provide information to a third party. considers your comments on this draft distributor whose name appears on the Section 3506(c)(2)(A) of the PRA (44 guidance before it begins work on the label of a nonprescription drug U.S.C. 3506(c)(2)(A)) requires Federal final version of the guidance, submit marketed in the United States without agencies to provide a 60-day notice in written or electronic comments on the an approved application (referred to as the Federal Register concerning each draft guidance, including comments the responsible person) must submit to proposed collection of information regarding proposed collection of FDA any report of a serious adverse before submitting the collection to OMB information, by December 14, 2007. event associated with such drug when for approval. To comply with this ADDRESSES: Submit written requests for used in the United States, accompanied requirement, FDA is publishing notice single copies of the draft guidance, by a copy of the label on or within the of the proposed collection of including comments regarding proposed retail package of such drug. In addition, information set forth below. collection of information, to the the responsible person must submit With respect to the following Division of Drug Information (HFD– followup reports of new medical collection of information, FDA invites 240), Center for Drug Evaluation and information related to a submitted comment on: (1) Whether the proposed Research, Food and Drug serious adverse event report that is collection of information is necessary Administration, 5600 Fishers Lane, received within 1 year of the initial for the proper performance of FDA’s Rockville, MD 20857. Send one self- report (section 760(c)(2) of the act). The functions, including whether the addressed adhesive label to assist that guidance document provides information will have practical utility; office in processing your requests. information on: (1) The minimum data (2) the accuracy of FDA’s estimate of the Submit written comments on the draft elements that should be included in a burden of the proposed collection of guidance to the Division of Dockets serious adverse event report; (2) the information, including the validity of Management (HFA–305), Food and Drug label that should be included with the the methodology and assumptions used; Administration, 5630 Fishers Lane, rm. report; (3) reporting formats for paper (3) ways to enhance the quality, utility, 1061, Rockville, MD, 20852. Submit and electronic submissions; and (4) how and clarity of the information to be electronic comments to http:// and where to submit the reports. collected; and (4) ways to minimize the

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burden of the collection on respondents, on the label of a nonprescription drug products and for nonprescription drug including through the use of automated marketed in the United States. products marketed under an approved collection techniques, when Burden Estimate: FDA is requesting application, including knowledge about appropriate, and other forms of public comment on estimates of annual the time needed to prepare the reports information technology. submissions from these respondents, and to maintain records. Title: Postmarketing Adverse Event expected in 2008, as required by Public FDA receives approximately 2,500 Law 109–462 and described in this serious adverse event reports for Reporting and Recordkeeping for guidance. This guidance document nonprescription drug products marketed Nonprescription Human Drug Products discusses what should be included in a under approved applications, which Marketed Without an Approved serious adverse drug event report comprise approximately 20 percent of Application as Required by the Dietary submitted under section 760(b)(1) of the the overall nonprescription drug market. Supplement and Nonprescription Drug act, including follow-up reports under Based on this experience, we estimate Consumer Protection Act 760(c)(2) of the act, and how to submit between 10,000 and 15,000 (i.e., 12,500) Description of Respondents: these reports. The estimates for annual total annual responses for Respondents to this collection of reporting burden and recordkeeping are nonprescription drugs marketed without information are manufacturers, packers, based on FDA’s knowledge of adverse an approved application. FDA estimates and distributors whose name (pursuant drug experience reports historically the burden of this collection of to section 502(b)(1) of the act) appears submitted per year for prescription drug information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1

No. of Annual frequency Total annual Hours per respondents per response responses response Total hours

Reports of serious adverse drug events (21 U.S.C. 379aa((b) and (c)) 50 250 12,500 2 25,000

Total 25,000 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Section 760(e) of the act also requires reports. Although the guidance does not the total number of postmarketing that responsible persons maintain provide recommendations on adverse event reports associated with records of nonprescription adverse recordkeeping activities generally under drugs and biologic therapeutics (except event reports, whether or not the event section 760(e) of the act, FDA is vaccines) received by FDA. Based on is serious, for a period of 6 years. The providing an estimate for the burden of this generalization, FDA estimates the draft guidance recommends that this collection. Historically, serious total annual records to be approximately responsible persons maintain records of adverse event reports comprise 20,000 records per year. FDA estimates efforts to obtain the minimum data approximately two-thirds, and that it takes 5 hours to maintain each elements for a report of a serious nonserious adverse event reports record and the recordkeeping burden as adverse drug event and any followup comprise approximately one-third, of follows:

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

No. of Annual frequency Total annual Hours per recordkeepers per recordkeeping records record Total hours

Recordkeeping (21 U.S.C. 379aa(e)(1)) 200 100 20,000 5 100,000

Total 100,000 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Therefore, the estimated annual Dated: October 10, 2007. DEPARTMENT OF HEALTH AND reporting burden for this information is Jeffrey Shuren, HUMAN SERVICES 25,000 hours, and the estimated annual Assistant Commissioner for Policy. recordkeeping burden is 100,000 hours. Substance Abuse and Mental Health [FR Doc. 07–5073 Filed 10–11–07; 11:34 am] Services Administration IV. Electronic Access BILLING CODE 4160–01–S Statement of Organization, Functions, Persons with access to the Internet and Delegations of Authority may obtain the document at either http://www.fda.gov/cder/guidance/ Part M of the Substance Abuse and index.htm or http://www.fda.gov/ Mental Health Services Administration ohrms/dockets/default.htm. (SAMHSA) Statement of Organization, Functions, and Delegations of Authority for the Department of Health and Human Services at 72, Number 188, page 55232, September 28, 2007, is

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amended to reflect changes to the systems regarding policies and DEPARTMENT OF HOMELAND structure and functional statements for procedures. SECURITY the Office of Program Services (OPS), Division of Management Systems Division of Technology Management U.S. Citizenship and Immigration (DMS). This amendment reflects the (MBJ) Services deletion of references to the information (1) Provides leadership in the Agency Information Collection technology (IT) functions within the development of policies for and the functional statement of DMS. In Activities: Form I–566, Extension of an analysis, performance measurement, addition, it reflects the establishment of Existing Information Collection; and improvement of SAMHSA a new Division of Technology Comment Request information systems; (2) Manages, Management (DTM), within OPS. These operates, and enhances SAMHSA-wide ACTION: 30-Day Notice of Information changes will strengthen the Collection Under Review: Form I–566, management of this key function (IT) administrative applications software systems; (3) coordinates with other Interagency Record of Individual and provide better customer service and Requesting Change/Adjustment to or program coordination. The changes are service providers the provision of IT services, including operation of the From A or G Status or Requesting A, G, as follows: or NATO Dependent Employment local and wide area networks, personal Section M.20, Functions is amended Authorization; OMB Control No. 1615– as follows: computers, network servers, electronic 0027. The functional statements for the mail and faxes, and general computer Office of Program Services (OPS), repairs, working with HHS service The Department of Homeland Division of Management Systems (DMS) components and outside organizations Security, U.S. Citizenship and is replaced, and a new functional as necessary and monitoring their Immigration Services (USCIS) has statement within OPS is established for performance; (4) serves as the Agency submitted the following information the new Division of Technology focal point for IT policy, strategic collection request to the Office of Management (DTM). planning, budget preparation, Management and Budget (OMB) for coordination with the Department review and clearance in accordance Division of Management Systems (MBC) regarding these issues, and the with the Paperwork Reduction Act of (1) Provides leadership in the submission of required reports to the 1995. The information collection was previously published in the Federal development of policies for and the Department on a timely basis; (5) makes Register on July 30, 2007, at 72 FR analysis, performance measurement, certain that the appropriate level of IT 41515. The notice allowed for a 60-day and improvement of SAMHSA security is in place so that the safety of administrative and management public comment period. No comments Agency data can be assured; (6) oversees were received on this information systems; (2) coordinates with other Agency-wide database administration service providers the provision of collection. and systems configuration management, The purpose of this notice is to allow human resource management services, providing advice, assistance, and an additional 30 days for public equal employment opportunity services, training to Agency staff to obtain comments. Comments are encouraged and personnel security services, maximum utilization of and services and will be accepted until November 14, working with HHS service components from its information/application 2007. This process is conducted in and outside organizations as necessary systems and databases; (7) exercises accordance with 5 CFR 1320.10. and monitoring their performance; (3) clearance authority for Agency IT Written comments and/or suggestions manages the SAMBHSA ethics program; management projects; and (8) reviews regarding the item(s) contained in this (4) coordinates and serves as a focal and analyzes new IT management notice, especially regarding the point for SAMHSA intern and summer estimated public burden and associated employment programs; (5) provides developments and ensures necessary support services are provided. response time, should be directed to the advisory services to managers and Department of Homeland Security supervisors in such matters as Delegation of Authority (DHS), USCIS, Chief, Regulatory organizational development, analysis, Management Division, Clearance Office, performance, and performance All delegations and redelegations of 111 Massachusetts Avenue, 3rd floor, measurement; (6) coordinates General authority to officers and employees of Washington, DC 20529. Comments may Accounting Office and Office of the SAMHSA which were in effect also be submitted to DHS via facsimile Inspector General reviews and immediately prior to the effective date to 202–272–8352 or via e-mail at information requests, internal control of this reorganization shall continue to [email protected], and to the OMB USCIS reviews, and Federal Managers be in effect pending further Desk Officer via facsimile at 202–395– Financial Integrity Act responses; (7) redelegations, providing they are 6974 or via e-mail at plans and coordinates various consistent with the reorganization. [email protected]. management activities such as records When submitting comments by e-mail These organizational changes are effective: management, forms management, please make sure to add OMB Control October 9, 2007. Privacy Act, and OPS Freedom of Number 1615–0027 in the subject box. Information Act requests; (8) Terry L. Cline, Written comments and suggestions from coordinates the Competitive Sourcing Administrator. the public and affected agencies should program for the agency, including the [FR Doc. 07–5060 Filed 10–12–07; 8:45 am] address one or more of the following annual Federal Activities Inventory BILLING CODE 4160–01–M four points: Reform Act (FAIR Act) Inventory, and (1) Evaluate whether the proposed activities and studies conducted in collection of information is necessary accordance in OMB Circular A–76, for the proper performance of the regarding competition of commercial functions of the agency, including activities; (9) develops, maintains, and whether the information will have manages administrative management practical utility;

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(2) Evaluate the accuracy of the contacted at: USCIS, Regulatory information collection to OMB for agencies estimate of the burden of the Management Division, 111 review, as required by the Paperwork proposed collection of information, Massachusetts Avenue, NW., 3rd floor, Reduction Act of 1995 (44 U.S.C. including the validity of the Suite 3008, Washington, DC 20529, Chapter 35, as amended). This Notice is methodology and assumptions used; telephone number 202–272–8377. soliciting comments from members of (3) Enhance the quality, utility, and Dated: October 10, 2007. the public and affected agencies clarity of the information to be Richard Sloan, concerning the proposed collection of collected; and Chief, Regulatory Management Division, U.S. information to: (1) Evaluate whether the (4) Minimize the burden of the Citizenship and Immigration Services, proposed collection of information is collection of information on those who Department of Homeland Security. necessary for the proper performance of are to respond, including through the [FR Doc. E7–20244 Filed 10–12–07; 8:45 am] the functions of the agency, including use of appropriate automated, BILLING CODE 4410–10–P whether the information will have electronic, mechanical, or other practical utility; (2) evaluate the technological collection techniques or accuracy of the agency’s estimate of the other forms of information technology, DEPARTMENT OF HOUSING AND burden of the proposed collection of e.g., permitting electronic submission of URBAN DEVELOPMENT information; (3) enhance the quality, responses. utility, and clarity of the information to [Docket No. FR–5124–N–14] Overview of This Information Collection be collected; and (4) minimize the burden of the collection of information (1) Type of Information Collection: Notice of Proposed Information on those who are to respond, including Extension of an existing information Collection for Public Comment; through the use of appropriate collection. Resident Opportunities and Supportive automated collection techniques or (2) Title of the Form/Collection: Services (ROSS) Program Forms for other forms of information technology; Interagency Record of Individual Applying for Funding e.g., permitting electronic submission of Requesting Change/Adjustment to or AGENCY: Office of the Assistant responses. From A or G Status or Requesting A, G, Secretary for Public and Indian This Notice also lists the following or NATO Dependent Employment Housing, HUD. information: Authorization. (3) Agency form number, if any, and ACTION: Notice. Title of Proposal: Application for the Resident Opportunities and Supportive the applicable component of the SUMMARY: The proposed information Services (ROSS) Program. Department of Homeland Security collection requirement described below sponsoring the collection: Form I–566. will be submitted to the Office of OMB Approval Number: 2577–0229. U.S. Citizenship and Immigration Management and Budget (OMB) for Form Numbers: HUD–52752, HUD– Services. review, as required by the Paperwork 52753, HUD–52754, HUD–52755, HUD– (4) Affected public who will be asked Reduction Act. The Department is 52767, HUD–52768, HUD–52769. or required to respond, as well as brief soliciting public comments on the Description of the need for the abstract: Primary: Individuals or subject proposal. information and proposed use: households. This information collection DATES: Comments Due Date: December Applicants for ROSS Service facilitates processing of applications for 14, 2007. Coordinator grant funds submit benefits filed by dependents of ADDRESSES: Interested persons are applications for Service Coordinator diplomats, international organizations, invited to submit comments regarding positions. The grant program is being and NATO personnel by U.S. this proposal. Comments should refer to changed to provide funding for Service Citizenship and Immigration Services, the proposal by name/or OMB Control Coordinators only. The application is and the Department of State. number and should be sent to: Aneita being streamlined. Applicants describe (5) An estimate of the total number of Waites, Reports Liaison Officer, Public the needs of their residents and the respondents and the amount of time and Indian Housing, Department of services and partners available in the estimated for an average respondent to Housing and Urban Development, 451 community, their past performance in respond: 5,800 responses at 15 minutes 7th Street, SW., Room 4116, similar programs, their ability to commit (.250) per response. Washington, DC 20410–5000. match funds, and indicate their (6) An estimate of the total public expected outputs and outcomes. burden (in hours) associated with the FOR FURTHER INFORMATION CONTACT: collection: 1,450 annual burden hours. Aneita Waites, (202) 708–0713, Respondents: Public Housing If you have additional comments, extension 4114, for copies of the Authorities, Tribes/TDHEs, Not-for- suggestions, or need a copy of the proposed forms and other available profit institutions, Resident information collection instrument, documents. (This is not a toll-free Associations. please visit the USCIS Web site at: number). Frequency of Submission: On http://www.regulations.gov/fdmspublic/ SUPPLEMENTARY INFORMATION: The occasion. component/main. We may also be Department will submit the proposed Number of respondents:

Annual Hours per responses response Burden hours

ROSS SC ...... 400 7 1500 ROSS FSS ...... 250 6 2800

Total Estimated Burden Hours: 4,300. Authority: Section 3506 of the Paperwork Members of affected public: Public Status: Revision of a currently Reduction Act of 1995, 44 U.S.C. 35, as housing agencies, non-profits, resident approved collection. amended. associations.

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Estimation of the total number of The applicant requests a permit to Commission and the Committee of hours needed to prepare the information import biological samples from spotted Scientific Advisors for their review. collection including number of linsang (Prionodon pardicolor) and Applicant: Walter T. Coram, Bellaire, respondents: 650 PHAs, tribes/TDHEs, Asian elephant (Elephas maximus) from TX, PRT–160812. non-profits, or resident groups apply for the Wildlife Conservation Society, The applicant requests a permit to funding under ROSS each year. The Phnom Penh, Cambodia for the purpose import a polar bear (Ursus maritimus) total burden for application and post- of scientific research. This notification sport hunted from the Northern Beaufort award reporting is 4,300 hours. covers activities to be conducted by the Sea polar bear population in Canada for Dated: October 4, 2007. applicant over a five-year period. personal, noncommercial use. Bessy Kong, Applicant: William G. Meeker, El Paso, TX, PRT–158388. Dated: September 28, 2007. Deputy Assistant Secretary for Policy, Lisa J. Lierheimer, Program, and Legislative Initiatives, Office The applicant requests a permit to of Public and Indian Housing. import one male and one female Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7–20195 Filed 10–12–07; 8:45 am] captive-hatched Northern aplomado falcon (Falco femoralis septentrionalis) [FR Doc. E7–20234 Filed 10–12–07; 8:45 am] BILLING CODE 4210–67–P from Carlos Manuel Tello Quiroz, Deleg. BILLING CODE 4310–55–P Alvaro Obregon, Mexico for the purpose of enhancement of the species through DEPARTMENT OF THE INTERIOR captive propagation. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered Marine Mammals and Fish and Wildlife Service Marine Mammals Receipt of Applications for Permit The public is invited to comment on Issuance of Permits AGENCY: Fish and Wildlife Service, the following applications for a permit AGENCY: Interior. to conduct certain activities with Fish and Wildlife Service, ACTION: Notice of receipt of applications endangered marine mammals and/or Interior. for permit. marine mammals. The applications ACTION: Notice of issuance of permits for were submitted to satisfy requirements marine mammals. SUMMARY: The public is invited to of the Endangered Species Act of 1973, comment on the following applications as amended (16 U.S.C. 1531 et seq.) SUMMARY: The following permits were to conduct certain activities with and/or the Marine Mammal Protection issued. endangered species and/or marine Act of 1972, as amended (16 U.S.C. 1361 mammals. ADDRESSES: Documents and other et seq.), and the regulations governing information submitted with these DATES: Written data, comments or endangered species (50 CFR part 17) applications are available for review, requests must be received by November and/or marine mammals (50 CFR part subject to the requirements of the 14, 2007. 18). Written data, comments, or requests Privacy Act and Freedom of Information ADDRESSES: Documents and other for copies of the complete applications Act, by any party who submits a written information submitted with these or requests for a public hearing on these request for a copy of such documents to: applications are available for review, applications should be submitted to the U.S. Fish and Wildlife Service, Division subject to the requirements of the Director (address above). Anyone of Management Authority, 4401 North Privacy Act and Freedom of Information requesting a hearing should give Fairfax Drive, Room 700, Arlington, Act, by any party who submits a written specific reasons why a hearing would be Virginia 22203; fax 703/358–2281. request for a copy of such documents appropriate. The holding of such a within 30 days of the date of publication hearing is at the discretion of the FOR FURTHER INFORMATION CONTACT: of this notice to: U.S. Fish and Wildlife Director. Division of Management Authority, Service, Division of Management Applicant: USGS Alaska Science telephone 703/358–2104. Authority, 4401 North Fairfax Drive, Center, Anchorage, AK, PRT–067925. SUPPLEMENTARY INFORMATION: Notice is Room 700, Arlington, Virginia 22203; On August 31, 2005 (70 FR 51838), a hereby given that on the dates below, as fax 703/358–2281. notice was published regarding the authorized by the provisions of the FOR FURTHER INFORMATION CONTACT: applicant’s request for an amendment to Endangered Species Act of 1973, as Division of Management Authority, the permit. Since that notice, no amended (16 U.S.C. 1531 et seq.), and/ telephone 703/358–2104. amended permit was issued. The or the Marine Mammal Protection Act of SUPPLEMENTARY INFORMATION: applicant has updated the permit 1972, as amended (16 U.S.C. 1361 et amendment request to include up to 200 Endangered Species seq.), the Fish and Wildlife Service takes per year of northern sea otters issued the requested permits subject to The public is invited to comment on (Enhydra lutris kenyoni), including certain conditions set forth therein. For the following applications for a permit takes from the threatened population of each permit for an endangered species, to conduct certain activities with the species, a modification to the the Service found that (1) the endangered species. This notice is methods of taking, and authorization to application was filed in good faith, (2) provided pursuant to Section 10(c) of import biological samples from the same the granted permit would not operate to the Endangered Species Act of 1973, as species for the purpose of scientific the disadvantage of the endangered amended (16 U.S.C. 1531 et seq.). research. This notification covers species, and (3) the granted permit Written data, comments, or requests for activities to be conducted by the would be consistent with the purposes copies of these complete applications applicant over a five-year period. and policy set forth in Section 2 of the Concurrent with the publication of should be submitted to the Director Endangered Species Act of 1973, as this notice in the Federal Register, the (ADDRESSES above). amended. Applicant: University of Alaska Division of Management Authority is Museum of the North, Fairbanks, AK, forwarding copies of the above Endangered Marine Mammals and PRT–162170. applications to the Marine Mammal Marine Mammals

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

156814 ...... David L. Duncan ...... 72 FR 39830; July 20, 2007 ...... September 5, 2007. 152774 ...... Eric K. Schnelle ...... 72 FR 33242; June 15, 2007 ...... July 26, 2007. 152402 ...... Gary D. Young ...... 72 FR 31090; June 5, 2007 ...... August 23, 2007. 154555 ...... Herbert Rudolf ...... 72 FR 31601; June 7, 2007 ...... September 5, 2007. 154496 ...... Scott A. Huebner ...... 72 FR 33242; June 15, 2007 ...... August 9, 2007. 156806 ...... Donald Thompson ...... 72 FR 37795; July 11, 2007 ...... September 5, 2007. 155649 ...... Elizabeth C. Harris ...... 72 FR 39829; July 20, 2007 ...... September 6, 2007. 690038 ...... U.S. Geological Survey ...... 72 FR 25328; May 4, 2007 ...... August 30, 2007. 071799 ...... Jennifer Miksis-Olds ...... 72 FR 39829; July 20, 2007 ...... August 30, 2007. 156394 ...... Raymond Cuppy ...... 72 FR 37039; July 6, 2007 ...... September 5, 2007.

Dated: September 21, 2007. ACTION: Notice of issuance of permits for Fairfax Drive, Room 700, Arlington, Lisa J. Lierheimer, marine mammals. Virginia 22203; fax 703/358–2281. Senior Permit Biologist, Branch of Permits, FOR FURTHER INFORMATION CONTACT: Division of Management Authority. SUMMARY: The following permits were Division of Management Authority, [FR Doc. E7–20233 Filed 10–12–07; 8:45 am] issued. telephone 703/358–2104. BILLING CODE 4310–55–P ADDRESSES: Documents and other SUPPLEMENTARY INFORMATION: Notice is information submitted with these hereby given that on the dates below, as DEPARTMENT OF THE INTERIOR applications are available for review, authorized by the provisions of the subject to the requirements of the Marine Mammal Protection Act of 1972, Fish and Wildlife Service Privacy Act and Freedom of Information as amended (16 U.S.C. 1361 et seq.), the Act, by any party who submits a written Fish and Wildlife Service issued the Issuance of Permits requested permits subject to certain request for a copy of such documents to: conditions set forth therein. AGENCY: Fish and Wildlife Service, U.S. Fish and Wildlife Service, Division Interior. of Management Authority, 4401 North Marine Mammals

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

153572 ...... Gregory L. Pope ...... 72 FR 31601; June 7, 2007 ...... August 9, 2007. 155528 ...... Michael G. West ...... 72 FR 37795; July 11, 2007 ...... September 19, 2007. 156520 ...... Christopher Ring ...... 72 FR 39829; July 20, 2007 ...... September 25, 2007. 157475 ...... Philip E. Carlin ...... 72 FR 39829; July 20, 2007 ...... September 19, 2007.

Dated: September 28, 2007. provides the Refuge System mission. This draft policy states that ‘‘we will Lisa J. Lierheimer, That mission is to ‘‘administer a allow populations of native mosquito Senior Permit Biologist, Branch of Permits, national network of lands and waters for species to function unimpeded unless Division of Management Authority. the conservation, management, and they cause a human and/or wildlife [FR Doc. E7–20236 Filed 10–12–07; 8:45 am] where appropriate, restoration of the health threat.’’ While we recognize BILLING CODE 4310–55–P fish, wildlife, and plant resources and mosquitoes are a natural component of their habitats within the United States most wetland ecosystems, we also for the benefit of present and future recognize they may represent a threat to DEPARTMENT OF THE INTERIOR generations of Americans.’’ In addition, human and/or wildlife health. We may Fish and Wildlife Service each refuge ‘‘shall be managed to fulfill allow management of mosquito the mission of the System, as well as the populations on Refuge System lands [1018–AT72] specific purposes for which that refuge when those populations pose a threat to Draft Mosquito and Mosquito-Borne was established.’’ We cannot fulfill this the health and safety of the public or a Disease Management Policy Pursuant mission unless we provide consistent wildlife population. This draft policy to the National Wildlife Refuge System direction to refuge managers and outlines the procedures refuge managers Improvement Act of 1997 manage the Refuge System as a national will follow in planning and system. Therefore, we are developing implementing mosquito and mosquito- AGENCY: Fish and Wildlife Service, policies to provide refuge managers borne disease management within the Department of the Interior. clear direction and procedures for Refuge System. ACTION: Notice. making determinations regarding DATES: Comments must be received by wildlife conservation and public uses of SUMMARY: We propose to establish November 29, 2007. policy that refuge managers will follow the Refuge System and individual concerning mosquito and mosquito- refuges. This draft policy describes the ADDRESSES: You may submit comments borne disease management on units of process we will follow to determine if on this draft policy by mail to Michael the National Wildlife Refuge System. and how to manage mosquito Higgins, Biologist, National Wildlife The National Wildlife Refuge System populations on lands administered Refuge System, U.S. Fish and Wildlife Administration Act (Administration within the Refuge System. We propose Service, 4401 North Fairfax Drive, Room Act), as amended by the National to incorporate this policy as part 601, 670, Arlington, Virginia 22203; by fax to Wildlife Refuge System Improvement chapter 7 of the Fish and Wildlife 703–358–2248; or by e-mail to Act of 1997 (Improvement Act), Service Manual. [email protected].

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FOR FURTHER INFORMATION CONTACT: Health threat categories will be 22203; by fax to 703–358–2154; or by e- Michael J. Higgins, U.S. Fish & Wildlife identified based on local conditions and mail to Service, National Wildlife Refuge the local history of mosquito-associated [email protected]. System, 177 Admiral Cochrane Drive, health threats. We will use local Please submit Internet comments as an Annapolis, MD 21401, telephone: 410– monitoring data of mosquitoes and ASCII file, avoiding the use of special 573–4520, fax: 410–269–0832. disease to determine the current threat characters and any form of encryption. SUPPLEMENTARY INFORMATION: The level and the corresponding appropriate Please also include ‘‘Attn: 1018–AT72’’ Improvement Act amends and builds on refuge response. During this process, we and your full name and return mailing the Administration Act (16 U.S.C. will work closely with Federal, State, address in your Internet message. If you 668dd–668ee) and provides an organic and/or local public health authorities use only your e-mail address, we will act for the Refuge System. It states that that have expertise in vector-borne consider your comment to be the Refuge System mission ‘‘is to diseases and State fish and wildlife anonymous and will not consider it in administer a national network of lands agencies in developing mosquito the final rule. If you do not receive a and waters for the conservation, management plans prior to an outbreak confirmation from the system that we management, and where appropriate, of mosquito-borne disease and in have received your Internet message, restoration of the fish, wildlife, and determining when human or wildlife contact us directly at (703) 358–2036. plant resources and their habitats for the health threats or high risk human health You may hand deliver comments to the benefit of present and future generations situations exist. address listed above. Refuges with current mosquito control of Americans.’’ It directs us to manage Our practice is to make comments, or mosquito monitoring programs must each refuge to fulfill the Refuge System including names and addresses of prepare a mosquito management plan. mission as well as the specific commenters, available for public review In addition, refuges where a State or purpose(s) for which the refuge was during regular business hours. local public health agency identifies a established. The Improvement Act Individual commenters may request that potential health threat must prepare a provides compatibility standards for we withhold their home address from mosquito management plan. A potential refuge uses and directs the Secretary of the record, which we will honor to the health threat does not imply a need to the Interior to ‘‘ensure that the extent allowable by law. In some manage mosquitoes on a refuge, but it biological integrity, diversity, and circumstances, we would withhold from does trigger the planning process for environmental health of the System are the record a commenter’s identity, as monitoring and potential management. allowable by law. If you wish us to maintained.’’ Because not all refuges are located in We based this draft policy for withhold your name and/or address, areas where mosquito management is an you must state this prominently at the mosquito and mosquito-borne disease issue, the draft policy does not require management within the Refuge System beginning of your comment. However, every refuge to prepare a mosquito we will not consider anonymous on these directives. Effective mosquito management plan. As a result, there control results in the removal of a high comments. We will make all comments may be cases where an outbreak of from organizations or businesses and percentage of one or more target species, mosquito-borne disease occurs at or although usually temporarily. In from individuals identifying themselves near a refuge that has not developed as representatives or officials of addition, one or more nontarget species such a plan. We included a section that may be adversely affected by mosquito organizations or businesses available for describes the procedures we would public inspection in their entirety. control practices. The altered ecological follow in such high health risk communities that may result can impact situations. Required Determinations biological integrity and diversity The draft policy includes procedures Regulatory Planning and Review through disruptions in food webs and to follow to reduce threats from refuge- (Executive Order (E.O.) 12866) other ecological functions. Therefore, based mosquitoes. These procedures we must carefully evaluate any actions follow an integrated pest management In accordance with the criteria in we propose to take. approach and include nonpesticide Executive Order 12866, this document This draft policy states that ‘‘we will actions that may be taken to reduce is not a significant regulatory action and allow populations of native mosquito mosquito production. does not require an assessment of species to function unimpeded unless The purpose of this policy is to potential costs and benefits under they cause a human and/or wildlife provide refuge managers with a process section 6(a)(3) of that Order. The Office health threat.’’ While we recognize to follow in planning and implementing of Management and Budget (OMB) mosquitoes are a natural component of mosquito and mosquito-borne disease makes the final determination under most wetland ecosystems, we also management. Each refuge manager must E.O. 12866. recognize they may represent a threat to consider the refuge establishing (1) This document would not have an human and/or wildlife health. We may purposes as well as local conditions annual economic effect of $100 million allow management of mosquito when following these procedures. or adversely affect an economic sector, populations on Refuge System lands productivity, jobs, the environment, or when those populations pose a threat to Comment Solicitation other units of the government. A brief the health and safety of the public or a We seek public comments on this assessment to clarify the costs and wildlife population. This draft policy draft mosquito and mosquito-borne benefits associated with this proposed outlines the procedures refuge managers disease policy and will consider policy follows. will follow in planning and comments and any additional implementing mosquito and mosquito- information received during the 45-day Proposed Change borne disease management within the comment period. You may submit Existing Departmental and refuge Refuge System. comments on this draft policy by mail policies do not address mosquito The draft policy relies on using to Michael Higgins, Biologist, National management in detail and do not scientific principles to identify and Wildlife Refuge System, U.S. Fish and provide standard procedure for respond to public and wildlife health Wildlife Service, 4401 North Fairfax determining what measures to take on threats from refuge-based mosquitoes. Drive, Room 670, Arlington, Virginia refuges regarding management of

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mosquito and mosquito-borne disease. hours would be allocated by refuge effect of the rule on small entities (i.e., The draft policy provides a standard personnel to complete the permits (20 small businesses, small organizations, process to follow and criteria to refuges × 8 hours). These permit and small government jurisdictions) (5 consider when making such decisions. requirements would occur annually, U.S.C. 601 et seq.). However, no The draft policy would provide for depending on the mosquito population regulatory flexibility analysis is required consistency in protecting wildlife and levels. Each contingency plan would be if the head of an agency certifies that the habitats and in making provisions for specific to each refuge and would be a rule would not have a significant protecting public health from mosquito- one-time cost. Currently, about four to economic impact on a substantial borne health threats. five refuges have already constructed number of small entities. Thus, for a This draft policy would affect refuges mosquito management plans. We regulatory flexibility analysis to be that have prevalent mosquito estimate that each plan would require required, impacts must exceed a populations. The variation from status approximately 40 hours by refuge threshold for ‘‘significant impact’’ and a quo at a refuge will depend on how personnel. Accordingly, about 2,200 threshold for a ‘‘substantial number of different current procedures at that hours would be allocated to complete small entities.’’ SBREFA amended the refuge are from the procedures that the contingency plans by the affected Regulatory Flexibility Act to require would be followed under a standardized refuges (55 refuges × 40 hours). Federal agencies to provide a statement process. In addition, local conditions of the factual basis for certifying that a Benefits Accrued vary from year to year, and the rule would not have a significant responding management actions must (1) This draft policy provides policy economic impact on a substantial also vary. Based upon past and procedures for refuge personnel to number of small entities. We certify that implementation of mosquito control, we follow in making provisions to protect this rule would not have a significant expect affected refuges to include those public health from mosquito-related economic effect on a substantial number located in California, Washington, health threats. This draft policy follows of small entities as defined under the Oregon, Idaho, Texas, Michigan, South the requirements of the Administration Regulatory Flexibility Act (5 U.S.C. 601 Carolina, Florida, Louisiana, New York, Act, as amended, by requiring that et seq.). An initial/final regulatory Connecticut, Massachusetts, New Jersey, activities associated with mosquito flexibility analysis is not required. The Delaware, Pennsylvania, Colorado, management be compatible with refuge following discussion explains our Utah, and Montana. Approximately 60 purposes. It provides a procedure to certification. refuges would be affected by this draft follow Systemwide. This will ensure SBREFA does not explicitly define policy. Currently, approximately 40 consistency in the process, although the either ‘‘substantial number’’ or refuges implement various mosquito outcome will vary based on refuge ‘‘significant economic impact.’’ control activities. purposes and local conditions. We do Consequently, to assess whether a not expect visitation to refuges to ‘‘substantial number’’ of small entities is Costs Incurred change as a result of this draft policy. affected by this designation, it is Any costs related to this rulemaking (2) This draft policy will not create necessary to consider the relative would be borne by each individual inconsistencies with other agencies’ number of small entities likely to be refuge and would generally involve actions. This draft policy pertains solely impacted in the area. Similarly, the costs associated with planning and to the management of the Refuge relative impact on the revenues of small developing mosquito management System. In the event that the Secretary entities is used in determining whether plans. No additional costs are expected determines it is necessary to temporarily or not entities incur a ‘‘significant to be incurred by State or local agencies suspend, allow, or initiate any activity economic impact.’’ Small entities beyond their usual monitoring costs. in a refuge to protect the health and include small organizations, such as The distribution of information would safety of the public or any fish or independent nonprofit organizations, be mostly limited to refuge personnel wildlife population, we will work with and small governmental jurisdictions, discussing with visitors the risks and the appropriate agency to ensure including school boards and city and precautions at visitor centers. We expect consistency. town governments that serve fewer than informing the public about mosquito (3) This draft policy will not 50,000 residents, as well as small populations and any possible health materially affect entitlements, grants, businesses (13 CFR 121.201). risks to incur minimal costs, if any. user fees, loan programs, or the rights Because this draft policy is not Refuge personnel would continue to and obligations of their recipients. This expected to affect activities in the take measures to manage mosquito draft policy does not affect entitlement surrounding area or to incur costs to the populations during their normal programs. public, it would not have a significant activities. These standard measures (4) This draft policy will not raise effect on small businesses engaged in would include such actions as removing novel legal or policy issues. This draft activities around the impacted refuges. artificial breeding sites. State and local policy provides a procedure for refuge Small governmental jurisdictions and officials would predominantly conduct managers to follow in mosquito independent nonprofit organizations are monitoring and surveillance, which are management throughout the Refuge not expected to be affected. Therefore, voluntary activities. About 40 refuges System. we certify that this document would not currently issue special use permits for have a significant economic effect on a monitoring and surveillance activities. Regulatory Flexibility Act substantial number of small entities as Refuges issue special use permits for Under the Regulatory Flexibility Act defined under the Regulatory Flexibility activities conducted on the refuge. A (as amended by the Small Business Act (5 U.S.C. 601 et seq.). No further permit contains guidelines and/or Regulatory Enforcement Fairness Act regulatory flexibility analysis is restrictions that apply to a specific (SBREFA) of 1996), whenever a Federal required. Accordingly, a small entity activity. For those refuges that may agency is required to publish a notice of compliance guide is not required. allow new monitoring or surveillance, rulemaking for any proposed or final The proposed policy is not a major each permit would require rule, it must prepare and make available rule under 5 U.S.C. 804(2), the Small approximately 8 hours by refuge for public comment a regulatory Business Regulatory Enforcement personnel. Thus, approximately 160 flexibility analysis that describes the Fairness Act. We anticipate no

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significant employment or small Energy Supply, Distribution, or Use National Environmental Policy Act business effects. This draft policy: (E.O. 13211) (NEPA) (1) Does not have an annual effect on On May 18, 2001, the President issued We ensure compliance with NEPA (42 the economy of $100 million or more. E.O. 13211 on regulations that U.S.C. 4332(C)) when developing refuge (2) Will not cause a major increase in significantly affect energy supply, comprehensive conservation plans and costs or prices for consumers, distribution, and use. Under E.O. 13211 step-down management plans, individual industries, Federal, State, agencies must prepare statements of including mosquito and mosquito-borne and/or local government agencies, or energy effects when undertaking certain disease management plans. In geographic regions. This draft policy actions. Because this draft policy only accordance with 516 DM 2, appendix should have no effect on the costs or provides procedures for managing 1.10, we have determined that this policy is categorically excluded from prices. mosquitoes and mosquito-borne disease on refuges, it is not a significant the NEPA process because it is limited (3) Does not have significant adverse regulatory action under E.O. 12866 and to policies, directives, regulations, and effects on competition, employment, is not expected to significantly affect guidelines of an administrative, investment, productivity, innovation, or energy supplies, distribution, and use. financial, legal, technical, or procedural the ability of United States-based Therefore, this action is a not a nature or the environmental effects of enterprises to compete with foreign- significant energy action and no which are too broad, speculative, or based enterprises. This draft policy does statement of energy effects is required. conjectural to lend themselves to not make major changes to current meaningful analysis. Site-specific policy. It simply provides a more Consultation and Coordination With proposals, as indicated above, will be consistent process for all refuge Indian Tribal Governments (E.O. 13175) subject to the NEPA process. managers to follow in managing In accordance with E.O. 13175, we U.S. Fish and Wildlife Service mosquito populations on refuges. evaluated possible effects on federally Therefore, this document will have no recognized Indian tribes and determined Draft Mosquito and Mosquito-Borne measurable economic effect on the that there are no effects. We coordinate Disease Management Policy (601 FW 7) wildlife-dependent industry, which has management actions on refuges with U.S. Fish and Wildlife Service annual sales of equipment and travel tribal governments having adjoining or National Wildlife Refuge System expenditures of $72 billion nationwide. overlapping jurisdiction. This draft Unfunded Mandates Reform Act policy is consistent with and not less 7.1 What is the purpose of this restrictive than tribal reservation rules. chapter? In accordance with the Unfunded Paperwork Reduction Act This chapter provides policy for Mandates Reform Act (2 U.S.C. 1501, et refuge managers to help them determine seq.), this draft policy applies to This draft policy does not contain any how and when to manage mosquito management of federally owned refuges, information collection requirements populations on lands administered and it does not impose an unfunded other than those already approved by within the National Wildlife Refuge mandate on State, local, or tribal the Office of Management and Budget System (Refuge System). governments or the private sector of under the Paperwork Reduction Act (44 more than $100 million per year. The U.S.C. 3501 et seq.) (OMB Control 7.2 What is the mosquito and draft policy does not have a significant Number 1018–0102). See 50 CFR 25.23 mosquito-borne disease management or unique effect on State, local, or tribal for information concerning that policy? governments or the private sector. approval. An agency may not conduct or A. It is Refuge System policy to allow sponsor and a person is not required to populations of native mosquito species Takings (E.O. 12630) respond to a collection of information to exist unimpeded unless they pose a In accordance with E.O. 12630, the unless it displays a currently valid OMB specific wildlife and/or human health draft policy does not have significant control number. threat. We recognize that mosquitoes are takings implications. This draft policy Endangered Species Act Section 7 a natural component of most wetland will affect only how refuge managers Consultation ecosystems, and that they also may plan actions to manage mosquitoes and represent a threat to human and wildlife mosquito-borne diseases on refuges. The Service has determined that this health. draft policy will not affect listed species B. When necessary to protect the Federalism Assessment (E.O. 13132) or designated critical habitat. Therefore, health and safety of the public or a consultation under section 7 of the wildlife population, we allow This draft policy does not have Endangered Species Act is not required. management of mosquito populations sufficient federalism implications to The basis for this conclusion is that the on Refuge System lands using effective warrant the preparation of a federalism draft policy establishes the process for means that pose the lowest risk to assessment under E.O. 13132. In determining when a mosquito and wildlife and habitats. preparing this draft policy, we received mosquito-borne disease management C. Before we use any method to input from State and local governments. plan must be completed. The ultimate manage mosquito populations within Civil Justice Reform (E.O. 12988) decision to allow or otherwise the Refuge System, we must determine implement a particular action is the that it is compatible with the purpose(s) In accordance with E.O. 12988, the causative agent with respect to affecting of an individual refuge and the Refuge Office of the Solicitor has determined listed species or their critical habitat. System mission and complies with all that the draft policy does not unduly We will conduct section 7 consultations applicable Federal laws. We can make burden the judicial system and that it when developing comprehensive an exception to this policy in the event meets the requirements of sections 3(a) conservation plans and step-down that the Secretary determines it is and 3(b)(2) of the order. The draft policy management plans, including mosquito necessary to temporarily suspend, will clarify established procedures for and mosquito-borne disease allow, or initiate any activity in a refuge managing refuge lands. management plans, for refuges. to protect the health and safety of the

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public or any fish or wildlife diversity, and environmental health of (ii) Toxicity and specificity of the population. the System are maintained for the proposed pesticide(s) to fish and D. Except during high risk disease benefit of present and future generations wildlife populations, situations where we need to take action of Americans.’’ The Secretary can also (iii) Persistence of the proposed quickly, we must give full consideration allow or initiate activities on a refuge to pesticide(s), and the to the integrity of nontarget populations protect the health and safety of the (iv) Alternatives to the proposed and communities when considering public or any fish or wildlife action (e.g., different pesticides, using compatible habitat management and population, not withstanding any other larvicides versus adulticides, pesticide uses for mosquito control. requirements of the Act. compatible habitat management). Mosquito control procedures must also (c) To minimize potential impacts, 7.5 What other statutes and policies be consistent with integrated pest identify and document restricted areas may be relevant to mosquito control and management (IPM) strategies and with and activities in an EA. If a finding of what additional documentation does the existing pest management policies of the no significant impact (FONSI) cannot be Service require to monitor and control made, prepare an environmental impact Department of the Interior (DOI) and the mosquitoes within the Refuge System? Fish and Wildlife Service (Service) (517 statement (EIS). DM 1 and 30 AM 12). Even during high A. National Environmental Policy Act (3) NEPA in Emergency Situations. In risk disease situations we require (NEPA) (42 U.S.C. 4321–4347). a situation where there is a high risk for mosquito population monitoring data (1) Categorical Exclusions. Under mosquito-borne disease, you may need that indicate intervention is necessary, most circumstances, we may to take immediate intervention as well as appropriate pesticide review, categorically exclude monitoring and measures without completing a NEPA although these will be expedited so that surveillance activities under existing review. If you cannot categorically any necessary intervention measures DOI NEPA procedures for data exclude the necessary measures, contact will not be delayed (see section 7.17) collection and inventory. (For more the Regional NEPA coordinator for E. We allow pesticide treatments for information, see 516 DM 2, Appendix guidance. After the high risk disease mosquito population control on Refuge 1.6; 516 DM 8.5B(1); and 516 DM 2, situation has ended, you must complete System lands only when local, current Appendix 2 (categorical exclusions).) In proper NEPA documentation that mosquito population monitoring data addition, some habitat management addresses future mosquito management have been collected and indicate that actions as described in section 7.9B may activities on the refuge. refuge-based mosquito populations are be categorically excluded. If a proposed B. Endangered Species Act (16 U.S.C. contributing to a human or wildlife refuge mosquito management activity 1531–1544). Comply with section 7 for health threat. qualifies as a categorical exclusion, listed and candidate species (refer to the refuges should document it in an Endangered Species Consultation 7.3 What is the scope of this policy? environmental action statement (EAS). Handbook, U.S. Fish and Wildlife This policy applies to all units of the We generally may not categorically Service and National Marine Fisheries Refuge System where we have exclude intervention measures such as Service, 1998). Complete section 7 jurisdiction over such actions, whether pesticide applications for mosquito- compliance in conjunction with the the Service or an authorized outside borne health threats. refuge-specific mosquito management agency performs mosquito management. (2) Environmental Assessments. plan (Exhibit 1). Refuges that have completed the NEPA You must submit consultation 7.4 What is the authority for this process for mosquito management documents at least 135 days prior to chapter? should ensure that they addressed the beginning proposed mosquito The authority for this chapter is the environmental consequences of management activities. The DOI National Wildlife Refuge System potential intervention measures. pesticide use policy (517 DM 1) and the Administration Act of 1966, as amended Refuges that have not completed the Service pest management policy (30 AM by the National Wildlife Refuge System NEPA process for mosquito 12) do not allow for adverse impacts to Improvement Act of 1997 management should prepare an listed species from pesticides. If the (Administration Act) (16 U.S.C. 668dd– environmental assessment (EA) if they Secretary determines it is necessary to 668ee). The Administration Act: expect they might need to implement temporarily suspend, allow, or initiate A. Provides authority for adopting intervention measures, such as applying any activity in a refuge to protect the rules and establishing policies for pesticides. You may reasonably expect health and safety of the public or any managing the Refuge System and that intervention measures are likely if fish or wildlife population before governing refuge uses. the State or local public health agency completing Endangered Species Act B. Prohibits uses that are not has documented a potential health section 7 compliance, contact the local compatible with the purpose(s) of an threat from refuge-based mosquitoes ES office for recommendations. individual refuge and the Refuge System (see section 7.13 for information about C. Federal Insecticide, Fungicide, and mission. determining health threats). Rodenticide Act (7 U.S.C. 136 et seq.). C. Requires that we administer the (a) In a non-emergency situation, On Refuge System lands, we may only Refuge System as ‘‘* * * a national when a State/local public health agency use pesticides that are registered with network of lands and waters for the documents a potential threat, you must the Environmental Protection Agency. conservation, management, and where complete an EA with the appropriate We must apply them according to the appropriate, restoration of the fish, finding before conducting substantial pesticide label directions. wildlife, and plant resources and their intervention activities. D. Compatibility Determination (50 habitats within the United States for the (b) You must consider local CFR 26.41 and 603 FW 2). We must benefit of present and future generations conditions in an EA. When assessing the complete a compatibility determination of Americans.’’ The Administration Act potential environmental effects of before we allow an outside agency to defines wildlife as ‘‘any wild member of pesticide applications, consider such perform surveillance and intervention the animal kingdom.’’ factors as the: activities unless the Secretary D. Directs the Secretary to ‘‘*** (i) Spatial and temporal extent of the determines it is necessary to temporarily ensure that the biological integrity, treatment, suspend, allow, or initiate any activity

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in a refuge to protect the health and Consistent with the Administration Act, Diversity, and Environmental Health. safety of the public or any fish or as amended, the Director interacts, We manage mosquitoes in such a way wildlife population. See 603 FW 2 for coordinates, cooperates, and as to meet our statutory obligations to more information on compatibility. collaborates with the State fish and protect the biological integrity of refuges E. Pest Management and Pesticide Use wildlife agencies in a timely and while meeting our policy obligations Policies (516 DM 1 and 30 AM 12). effective manner on the acquisition and and our social obligation to protect the Follow all DOI and Service pest management of national wildlife health and well-being of the human management and pesticide use policies. refuges. The Director ensures that communities surrounding refuges. Before applying any pesticide to Refuge Refuge System regulations and Mosquito management strategies and System lands, the appropriate Regional management plans are, to the extent the altered ecological communities that or National IPM coordinator must practicable, consistent with State laws, may result can potentially impact the review and approve the pesticide use regulations, and management plans. We biological integrity, diversity, and proposal (PUP). The National IPM charge refuge managers, as the environmental health of refuge lands coordinator must approve the use of all designated representatives of the that we must maintain under the adulticides. We may expedite PUP Director at the local level, with carrying Administration Act and 601 FW 3. approvals during high risk disease out these directives. We will provide (1) Using chemical or other control situations where we need to take action State fish and wildlife agencies timely agents can affect environmental health quickly to protect human or wildlife and meaningful opportunities to and possibly impact genetic health. If an outside agency applies participate in the development and configuration within species if they pesticides, as is often the case, we implementation of programs conducted develop pesticide resistance. require a special use permit (SUP), under this policy. The most common (2) Removing target and nontarget memorandum of understanding, or method for State fish and wildlife organisms from ecological communities other agreement. The agreement must agency involvement is through their lowers biological diversity (even though include the justification for pesticide participation on the comprehensive it is usually temporarily) and may applications, identify the specific areas conservation plan (CCP) planning impact biological integrity by altering to be treated, and list any restrictions or teams. We provide an opportunity for food webs and species composition. conditions that they must follow before, the State fish and wildlife agencies to during, or after treatment. Preparation of participate in the development and 7.7 What terms do you need to know SUPs, PUPs, and other compliance implementation of program changes to understand this chapter? documentation will be expedited during made outside of the CCP process, A. Action Threshold. Mosquito high risk disease situations so that any including development of mosquito population levels that trigger integrated necessary intervention measures will management plans. For health threats pest management (IPM) actions to not be delayed (see section 7.17) involving wildlife, we will consult with manipulate mosquito populations. the State fish and wildlife agency. 7.6 What are the principles underlying B. Adulticide. Killing adult Further, we will continue to provide this policy? mosquitoes or a pesticide that kills adult State fish and wildlife agencies mosquitoes. A. Wildlife Conservation. opportunities to discuss and, if (1) The Administration Act clearly C. Biological Diversity. The variety of necessary, elevate decisions within the life and its processes, including the identifies wildlife conservation as a hierarchy of the Service. variety of living organisms, the genetic priority of the Refuge System. House B. Protection of Public Health. differences among them, and Report 105–106, which accompanies the Although the fundamental goal of the amendments to the Administration Act, Refuge System is wildlife conservation, communities and ecosystems in which states that ‘‘* * * the fundamental we are committed to protecting the they occur. (See 601 FW 3 for more mission of our Refuge System is wildlife public from refuge-based mosquitoes information on biological diversity.) conservation: Wildlife and wildlife that present a threat to human health. D. Biological Integrity. Biotic conservation must come first.’’ The term We manage such health threats using composition, structure, and functioning ‘‘wildlife’’ includes all vertebrate and methods that we determine are at genetic, organism, and community invertebrate species. compatible with the purpose(s) of the levels comparable with historic (2) In addition to undertaking the task refuge and the mission of the Refuge conditions, including the natural of wildlife conservation, Refuge System System. We may make exceptions to biological processes that shape managers must also consider impacts to this policy in the event that, under the genomes, organisms, and communities. federally listed threatened and emergency provision of the (See 601 FW 3 for more information on endangered species and candidate Administration Act, the Secretary biological integrity.) species. This is particularly important to determines it is necessary to temporarily E. Environmental Health. refuges established specifically for listed suspend, allow, or initiate any activity Composition, structure, and functioning species conservation and recovery. To in a refuge to protect the health and of soil, water, air, and other abiotic help determine these impacts, refuge safety of the public or any fish or features comparable with historic managers can coordinate with local wildlife population. We recognize that conditions, including the natural abiotic Ecological Services field office staff equines may also become infected by processes that shape the environment. (both endangered species and certain mosquito-borne diseases. Given (See 601 FW 3.) environmental contaminants staff), that infection by mosquito-borne F. Enzootic. A relatively consistent other members of the species recovery pathogens in equines and humans prevalence of disease in animals. The team, and the respective State fish and represent similar risks to public health, term is comparable to endemic, but wildlife agencies. appropriate measures we take to protect refers to animals. (3) Both the Service and the State fish human health from these diseases G. Health Threat. An adverse impact and wildlife agencies have authorities would also offer similar protection to to the health of human or wildlife and responsibilities for managing fish equines. populations from mosquitoes identified and wildlife on national wildlife refuges C. Mosquito Management and the and documented by Federal, State, and/ as described in 43 CFR part 24. Protection of Biological Integrity, or local public health authorities.

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H. Integrated Pest Management (IPM). 7.8 How does the Service protect mosquito populations that do not A sustainable approach to managing human and/or wildlife health from interfere with refuge purposes or pests by combining biological, cultural, threats associated with refuge-based wildlife management objectives. For physical, and chemical tools in a way mosquitoes? example, when manipulating water that minimizes economic, health, and We take the following approaches, levels for managing wetlands, you can environmental risks. each of which we describe in more disrupt mosquito life cycles by timing I. Larvicide. Killing mosquito larvae, detail in sections 7.9 through 7.17. flood-up and draw-downs. You also can or a pesticide that kills mosquito larvae. A. Use of standard operating manage vegetation in such a way that J. Mosquito-Borne Disease. An illness procedures based on an IPM approach discourages mosquitoes from laying produced by a pathogen that mosquitoes (see section 7.9). eggs. transmit to humans and other B. Development of mosquito vertebrates. The major mosquito-borne C. Except when we determine it is management plans (see sections 7.10 pathogens presently known to occur in appropriate during circumstances where and 7.11). the United States that are capable of the Secretary determines it is necessary C. Determining health threats (see producing human illness are the viruses to temporarily suspend, allow, or section 7.12). causing eastern equine encephalitis, initiate any activity in a refuge to D. Monitoring to determine western equine encephalitis, St. Louis protect the health and safety of the appropriate response (see section 7.13). encephalitis, West Nile encephalitis/ public or any fish or wildlife E. Surveillance for mosquito-borne fever, LaCrosse encephalitis, and population, we prohibit habitat disease (see section 7.14). dengue, as well as the protozoans manipulations for mosquito F. Implementing treatment options causing malaria. management (such as draining or K. Mosquito-Borne Disease (see section 7.15). maintaining high water levels Surveillance. Activities associated with G. Education and outreach (see inappropriate for other wildlife) that detecting pathogens causing mosquito- section 7.16). conflict with wildlife management H. High disease risk situations (see borne diseases, such as testing adult objectives. section 7.17). mosquitoes for pathogens or testing D. We will consider introducing reservoir hosts for pathogens or 7.9 What standard operating predators to manage mosquitoes only if antibodies. procedures are in place to reduce threats we can contain such introductions. To L. Mosquito Management. Any to human and wildlife health from introduce predators, we require the activity designed to inhibit or reduce mosquitoes? following: populations of flies in the family When necessary to protect human and Culicidae. It includes physical, (1) We must be able to demonstrate wildlife health, we reduce potential biological, cultural, and chemical means effectiveness of the planned mosquito-associated health threats using of population control directed against introduction. an IPM approach. When practical, the any life stage of mosquitoes. (2) The refuge must evaluate the approach may include compatible M. Mosquito Population Monitoring. introduction for potential adverse actions that reduce mosquito production Activities associated with collecting impacts to nontarget organisms and and do not involve pesticides. We quantitative data to determine mosquito communities to ensure the introduction consider the procedures described species composition and to estimate will not interfere with the purpose(s) of relative changes in mosquito population below as long-term practices to reduce persistent potential mosquito-associated the refuge or other refuge management sizes over time. objectives. N. Nontarget Organisms. Species or health threats that Federal, State, and/or (3) We must have appropriate communities other than those local public health authorities have designated for population control. identified. Except in cases where the procedures in place for all species O. Public Health Authority. A Secretary determines it is necessary to introductions to ensure that we do not Federal, State, and/or local agency that temporarily suspend, allow, or initiate release other species with the desired has health experts with training and any activity in a refuge to protect the introductions. expertise in mosquitoes and mosquito- health and safety of the public or any (4) For introductions of nonnative borne diseases and that has the official fish or wildlife population, where there predators, the refuge must prepare: is a need to take action immediately, capacity to identify health threats and (a) A compatibility determination, determine when there is a high risk for any procedures we use to reduce serious human disease or death from mosquito production must be (b) A written plan for containment of mosquitoes. compatible with refuge purposes and the introduced species to the desired P. Pupacide. A pesticide that kills the the Refuge System mission. The location(s), and pupal stage of mosquitoes. procedures also must give full (c) The appropriate level of Q. Refuge-Based Mosquitoes. consideration to the safety and integrity compliance with section 7 of the Mosquitoes that are produced within, or of nontarget organisms and Endangered Species Act evaluating occur on, a refuge. communities, including federally listed potential effects of the introduced R. Reservoir Host. A species in which threatened and endangered species and predator on federally listed threatened a pathogen is maintained over time. candidate species. or endangered species and candidate Reservoir hosts are capable of A. We remove or otherwise manage species. transferring the pathogen to a vector. artificial breeding sites such as tires, S. Vector. An organism, such as an tanks, or similar debris/containers, (d) The appropriate level of NEPA insect or tick, that is capable of where possible, to eliminate conditions compliance. acquiring and transmitting a disease- that favor mosquito breeding, regardless (5) In compliance with Executive causing agent, or pathogen, from one of whether they are a health threat. Order 13112, we will not authorize any vertebrate host to another, or the act of B. When enhancing, restoring, or activities likely to cause or promote the transmitting a pathogen in such a managing habitat for wildlife, we will introduction or spread of invasive manner. consider using specific actions to reduce species. (See 601 FW 3.)

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7.10 When does the Service develop E. Mosquito-borne disease and vector also respond appropriately when mosquito management plans to help management may not be an issue on neighboring State/local public health reduce threats to human and wildlife many Service lands, and not every authorities determine there is a health health from mosquitoes? refuge needs to develop a plan. threat. F. In the event that the Secretary We develop refuge-specific mosquito D. Following guidelines established determines it is necessary to temporarily management plans (see Exhibit 1) at the by the CDC, threat categories will suspend, allow, or initiate any activity field station level for refuges where represent a hierarchical scale of in a refuge to protect the health and potential or existing mosquito- increasing risk to human or wildlife safety of the public or any fish or associated health threats have been health based on disease activity and wildlife population, when there is a identified and documented, or are mosquito vector population numbers, need to take action immediately, we reasonably expected to occur. We and will include appropriate actions to allow refuges to manage mosquito take for each threat level category. Such develop these plans in coordination populations even if they do not have a with Federal, State, and/or local public a locally developed health threat matrix mosquito management plan (see section will provide the basis for all future health authorities that have expertise in 7.17 for additional guidance). vector-borne diseases, vector control mosquito management decisions and agencies, and State fish and wildlife 7.11 What is in a mosquito activities on a refuge, so threat level agencies. management plan? categories and responses should be as A. The refuge may need to develop a specifically defined as practical. We base mosquito management plans E. If we cannot agree with other plan if there has been documentation of on IPM principles. The Regional IPM agencies on the determination of health mosquito-borne disease activity within coordinator reviews them, and the threats, threshold values, or other flight range of refuge-based mosquito Regional and California/Nevada components of the mosquito species in the previous year. Operations Office (CNO) Refuge chief management plan, we will work with B. Refuges with an ongoing mosquito approves or disapproves them. or disease monitoring program must the public health and vector control Mosquito management plans consist of agencies to identify third-party agencies develop refuge-specific mosquito four parts: Health threat determinations, management plans. or individuals with appropriate mosquito population monitoring, expertise in mosquito biology and C. Identification and documentation surveillance for mosquito-borne disease, of a potential human and/or wildlife vector-borne disease ecology for further and treatment options. See Exhibit 2 for guidance. health threat from refuge-based details. mosquitoes (see section 7.11) triggers 7.13 How does the Service monitor the development of a refuge-specific 7.12 How does the Service make mosquito populations to determine if a mosquito management plan. Federal, determinations about health threats response is necessary and, if so, what State, and/or local public health caused by mosquitoes? the appropriate response is? authorities identify and document a A. We determine if there are health A. The objectives of mosquito mosquito-associated human health threats at the local level based on population monitoring are to: threat and bring it to the attention of the historical incidence of mosquito-borne (1) Establish baseline data on species refuge manager. Appropriate health threats and current, local and abundance, documentation may include species- monitoring of mosquito populations and (2) Map breeding and/or harboring specific adult mosquito monitoring data disease activity. (See section 7.13 for habitats, and from the refuge or areas adjacent to the more information on monitoring.) We (3) Estimate relative changes in refuge that indicate an abundance of work with local, State, or Federal public population sizes for making IPM species known to vector one or more health authorities with expertise in decisions to reduce mosquito endemic/enzootic diseases or otherwise mosquitoes and mosquito-borne disease populations when necessary. adversely impact human or wildlife epidemiology to identify refuge-specific B. We use an approach based on health. For refuges without an ongoing categories of mosquito-associated specific health threats and refuge mosquito or disease monitoring human health threats based on mosquito population monitoring data to program, mosquito-borne disease monitoring data. Where local or State determine the appropriate refuge activity near the refuge may indicate a public health expertise in mosquito- mosquito management response (see health threat or a situation in which borne disease epidemiology is lacking, Exhibit 2). mosquito management needs to be we consult with the Department of (1) Monitoring should occur at any undertaken quickly (refer to section Health and Human Services Centers for time mosquitoes are active, even when 7.17). The identification and Disease Control and Prevention (CDC) to there is no evidence of mosquito-borne documentation of a potential mosquito- develop these categories. disease present. associated health threat will not B. Federal, State, and/or local public (2) Monitoring protocols specify necessarily imply a need for us to health authorities with jurisdiction detailed sampling techniques for larval manage mosquito populations, but may inclusive of refuge boundaries and adult mosquitoes. When possible, indicate the need to initiate on-refuge determine the human health threat level identify mosquitoes to the species level. monitoring (if not already underway) using current local monitoring data (see C. Human and wildlife health threats and mosquito management planning. section 7.13C). Wildlife health experts from mosquitoes may vary depending D. We work collaboratively with from Federal or State wildlife agencies on geographic area and time, and we Federal, State and/or local public health determine if there are threats to wildlife must determine the threat at the local authorities in the identification of health because of mosquitoes. level. State/local public health mosquito-associated health threats. C. Once we identify a health threat authorities and vector control agencies However, the Secretary maintains the through monitoring data, State/local will be responsible for monitoring authority to act independently as public health authorities or vector mosquito populations, conducting necessary to protect the health and control agencies may take the pre- disease surveillance, and applying safety of the public or any fish or determined response(s) developed for pesticide treatments. We recognize the wildlife population. that threat category (see Exhibit 2). We importance of monitoring mosquito

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populations to document species B. Federal, State, and/or local public 7.15 How does the Service determine composition and estimate their size and health and wildlife management what treatment options to use for distribution because we use this authorities may use appropriate mosquitoes? information to make IPM decisions. We documentation of previous or current A. We establish numerical action allow State/local public health mosquito-borne disease activity adjacent thresholds in collaboration with authorities and vector control agencies to the refuge to identify potential or Federal, State, and/or local public to monitor mosquito populations on existing health threats. health authorities and vector control Refuge System lands as long as C. Disease surveillance adjacent to the agencies and identify them in the monitoring is compatible with the refuge should be within flight range of mosquito management plan (see Exhibit purpose(s) of the refuge. vector species found on the refuge. 2). D. Refuges can issue an SUP, (1) The action thresholds represent memorandum of understanding, or D. State and local public health mosquito population levels that may other agreement to allow compatible authorities or vector control agencies are require intervention measures. monitoring of larval and adult mosquito generally responsible for other disease (2) We develop thresholds populations. To avoid harm to wildlife surveillance methods, such as considering many factors, including or habitats, access to traps and sampling monitoring disease activity in reservoir those listed in Exhibit 3. stations must meet the compatibility hosts for pathogens or antibodies, collecting adult mosquito samples using (3) Thresholds are species-specific (or requirements found in 603 FW 2 and species-group-specific) for larval, pupal, may be subject to refuge-specific live traps, and testing the samples in same-species pools for virus. and adult mosquito vectors and reflect restrictions. Where federally listed or the potential significance of a particular candidate species are present, (1) On Refuge System lands, we may species or group of species in a monitoring methods must undergo the authorize these activities, and they must particular health threat. For example, appropriate level of compliance with meet the compatibility requirements in mosquito vector species known to be section 7 of the Endangered Species Act 603 FW 2. important in the transmission cycle of a in order to determine whether or not (2) Approved, compatible surveillance disease may have a lower action such monitoring programs will activities on the refuge will include threshold than species with lesser adversely affect the listed or candidate specific, detailed methodologies and the transmission roles (see Exhibit 3). species. number and location of detection (4) We compare current mosquito E. We expect the extent and intensity stations. population monitoring data to the of a monitoring program to vary established action thresholds. according to the potential and historical (3) Where federally listed or candidate (5) We implement intervention incidence of mosquito-associated health species are present, surveillance measures only when current mosquito threats, as well as the resources methods must undergo the appropriate population estimates, as determined by available to the refuge and the public level of compliance with section 7 of the current mosquito monitoring data, meet health authority or vector control Endangered Species Act in order to or exceed the established action district. determine whether or not such F. If a public health authority or monitoring programs will adversely thresholds. vector control agency is not available to affect the listed or candidate species. B. We choose treatment based on our conduct monitoring, the mosquito pest management policy (30 AM 12). We (4) Surveillance for mosquito-borne base the choice on the following, which management plan will identify the disease may involve monitoring and conditions under which refuge staff will appear in order of preference: testing wildlife, especially birds and (1) Human safety and environmental initiate emergency monitoring. Refuges mosquitoes, and testing captive sentinel integrity, that want to monitor mosquito birds on or adjacent to the refuge. We (2) Effectiveness, and populations themselves may do so. discourage using caged sentinel (3) Cost. They should outline their activities in chickens on refuges for reservoir host C. We use human and wildlife the refuge-specific contingency plan surveillance due to the risk of spreading mosquito-associated health threat (see Exhibit 1), and include mosquito disease to wild birds. determinations combined with refuge monitoring protocols in the refuge E. Refuge employees note dead or sick mosquito population estimates to inventory and monitoring plan. (See 701 wildlife during their routine outdoor determine the appropriate refuge FW 2 for more information about activities. In most cases, this will only mosquito management response (see inventorying and monitoring involve passive surveillance for affected Exhibit 2). populations.) wildlife. D. Where federally listed or candidate 7.14 How does the Service use (1) Refuges identify a facility to test species are present, we use Endangered surveillance for mosquito-borne disease dead or sick wildlife for mosquito-borne Species Act section 7 compliance to reduce threats to human and wildlife pathogens in mosquito management information to assist in the decision- health from mosquitoes? plans (also see Exhibit 1). making process. E. After we evaluate all other We allow Federal, State, and/or local (2) Refuge personnel receive public health authorities or vector reasonable IPM actions, we may allow instruction on proper procedures for pesticide treatments to control control agencies to perform compatible safely collecting, handling, shipping, or mosquito-borne disease surveillance on mosquitoes on Refuge System lands. disposing of potentially infected (1) Before applying pesticides to Refuge System lands. wildlife. A. The objectives of mosquito-borne Refuge System lands, we must have an disease surveillance are to: (3) If wildlife specimens from a refuge approved PUP in place. (1) Detect the presence of pathogens, test positive for mosquito-borne disease, (2) We determine the most (2) Estimate changes in disease or we provide these results to the State and appropriate pesticide treatment options pathogenic activity, and local public health authorities, State fish based on monitoring data for the (3) Assess human and wildlife health and wildlife agencies, and the refuge relevant mosquito life stage. We use threats due to mosquitoes. supervisor immediately. current monitoring data for larval,

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pupal, and adult mosquitoes to C. Refuge employees receive review. In a high risk disease situation determine the need for larvicides, instruction on personal protection we may not wait for monitoring results pupacides, and adulticides, measures to minimize their exposure to to initiate the PUP process, and we will respectively. mosquito-borne diseases. expedite the review of PUPs. (3) We do not allow pesticide treatments for mosquito control on 7.17 How does the Service address C. If there is no site-specific National Refuge System lands without current high risk mosquito-borne disease Environmental Policy Act (NEPA) situations on refuges? mosquito population data indicating documentation for the proposed that such actions are warranted. Federal, State, and/or local public emergency intervention measure(s), F. The mosquito management plan health authorities may officially identify contact the Regional NEPA coordinator also identifies more aggressive a high risk for mosquito-borne disease for guidance (refer to section 7.5). monitoring and control efforts as health based on documented disease activity in D. If federally listed or candidate threat risk levels increase (see Exhibit humans or wildlife. In addition, the species are present and Endangered 2). If we determine pesticide treatments Secretary has the authority to identify a Species Act section 7 compliance has are necessary to quickly reduce high risk for mosquito-borne disease not been completed for the potential mosquito populations, we may allow independent of Federal, State, and/or intervention measures, contact the local local public health authorities. Such a appropriate pesticides based on the Ecological Services (ES) office for high risk determination indicates an nature of the threat. recommendations (refer to section 7.17). (1) Larvicides. When we can reduce imminent risk of serious human disease health threats by using pesticides that or death, or an imminent risk to E. Notify refuge employees and kill mosquito larvae (larvicides), we populations of wildlife. Public health visitors of the increased human health choose an effective larvicide that causes authorities may request pesticide risk and provide information for the least impact to nontarget organisms. treatments to Refuge System lands to personal protection against mosquito- (2) Pupacides. We limit the need for decrease mosquito vector populations borne disease. Where appropriate, we pupacides by treating threatening larval and lower the health risk. Refuges with will consider restricting or closing all or populations in a timely manner. We approved mosquito management plans part of the refuge to visitors and consider using pupacides only when will have addressed potential high risk restricting outdoor activities of there is a documented health threat. We situations and appropriate responses employees. select an effective pupacide that causes within those documents. Refuges F. If monitoring data indicate that the least impact to nontarget organisms. without approved mosquito (3) Adulticides. We allow the use of management plans should contact their intervention with pesticides is adulticides only when there are no refuge supervisor and Regional IPM warranted, we will prepare an SUP for practical and effective alternatives to coordinator in the event of a high risk pesticide application(s). In the SUP, we reduce a health threat. The mosquito determination. Even during high disease may identify pertinent conditions and management plan will identify best risk situations, we allow pesticide restrictions on pesticide application management practices to reduce treatments for mosquito population activities to protect sensitive species or nontarget impacts in cases where we use control on Refuge System lands only habitats. Although we may waive the adulticide treatment. when local and current mosquito requirement for a compatibility G. We work with public health and population monitoring data are determination in a high disease risk vector control agencies to develop available and indicate that refuge-based situation, we will choose effective communication procedures, particularly mosquito populations are contributing means to lower the health threat that to address high risk disease situations. to a human and/or wildlife health pose the least risk to wildlife and Timely communication at the outset of threat. Collecting such monitoring data habitats. a disease outbreak will speed any is standard for making IPM decisions G. Preparation of SUPs, PUPs, and necessary response. We share contact and should not delay appropriate information with other agencies. Refuge treatment. For a high risk mosquito- other compliance documentation will be employees have the necessary contact borne disease determination, expedited so that any necessary information for appropriate Service appropriate documentation includes intervention measures will not be personnel to expedite any necessary identification of infected mosquitoes or delayed. compliance documentation (see section abundant populations of vector species H. After pesticide applications, we 7.17). within refuge boundaries. In high risk require (or undertake, if applicable) mosquito-borne disease situations, we additional mosquito population 7.16 How does the Service use will do the following: education and outreach to protect monitoring to assess the effectiveness of A. If no mosquito population data are the pesticide treatment(s). human and wildlife health from threats available for the refuge, we will request from mosquitoes? (or undertake, if applicable) short-term I. See Section 7.5A.(3) for NEPA A. Where appropriate, we collaborate (24 hours or less) monitoring of adult procedures in emergency situations. with Federal, State, and/or local wildlife and/or larval mosquito populations on J. Once a high risk mosquito-borne agencies, public health authorities, the refuge to ensure that intervention is diseases situation is over, an affected agriculture departments, and vector necessary. refuge must develop a mosquito control agencies to conduct education B. If necessary, we monitor the management plan and prepare all and outreach activities aimed at populations ourselves. We cannot use a necessary compliance documents (see protecting human and wildlife health pesticide unless we have current sections 7.5, 7.10, and 7.11). from threats associated with mosquito population monitoring data mosquitoes. indicating intervention with pesticides B. Where appropriate, we distribute is warranted. We will complete and information materials about mosquito- submit a PUP to the Regional IPM associated threats through refuge visitor coordinator and Washington Office IPM centers and Service Internet sites. coordinator, if applicable, for expedited

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Dated: September 21, 2007. (a) Objective(s). IV. Treatment Options (Developed in Kenneth Stansell, (b) Method(s). Cooperation With Federal/State/Local Acting Director, U.S. Fish and Wildlife (c) Sampling locations and numbers Public Health Authorities, and Vector Service. of samples/location. Control Agencies, and State Fish And (d) Frequency of sampling. 601 FW 7, Exhibit 1 Wildlife Agencies Using Stepwise (e) Processing/identification of Approach, Exhibit 2) Outline: Mosquito Management Plan for samples (species, larval stage). Mosquito Associated Threats on 2. Adult mosquito monitoring. A. Identify and categorize refuge- Refuges (a) Method(s) of sampling (e.g., traps, based vector species or species groups based on role in transmission cycle(s) of I. Health Threat Determination landing counts). (b) Sampling locations and frequency enzootic/endemic diseases. A. Describe the communication of sampling. B. Identify species-specific larval, process and identify points of contact (c) Processing/identification of pupal, and adult mosquito vector action and their contact information for samples. threshold levels that reflect the Federal and/or State/local public health 3. Post-treatment monitoring: importance of vector species in the authorities, vector control agencies, and Monitoring should continue after any transmission cycle (see Exhibit 3). recognized experts in vector ecology, treatment to determine efficacy. C. Identify health threat levels and epidemiology, public health, and E. Reporting. describe potential intervention wildlife health. Identify agency with 1. Refuge receives copies of all measures for each level (Exhibit 2). public human health authority that has monitoring data concerning refuge. Include non-pesticide and pesticide the official capacity to make a human 2. Refuge shares annual habitat intervention options. health determination. Identify personnel management plans, if applicable, with D. Complete NEPA process, as with medical training on the public health or vector control agency. necessary, to examine potential epidemiology of mosquito-borne F. Restrictions/Stipulations: Identify environmental effects of potential diseases. any restrictions/stipulations on intervention measures. In an emergency, B. Elaborate on regional/local history monitoring activities (e.g., access, contact the Regional NEPA coordinator of mosquito associated health threat(s). vehicle use, sensitive species or for guidance. Identify endemic and enzootic habitats, time of day, etc.) to ensure E. Complete Endangered Species Act mosquito-borne diseases. compatibility. section 7 compliance for potential C. Determine health threat(s) using impacts to listed and candidate species criteria in Exhibit 2 based on III. Surveillance of Mosquito-Borne from intervention measures. documentation from Service wildlife Disease (Developed in Cooperation With health experts, State fish and wildlife Federal/State/Local Public Health F. Identify specific pesticides or other agency health experts, Federal and/or Authorities, Vector Control Agencies, management actions to use at specific State/local public health authorities, and State Fish and Wildlife Agencies) threat levels based on NEPA and section 7 analyses. and/or public health veterinarians A. Identify the purpose and goals of G. Unless the Secretary determines it employed by the appropriate public surveillance. is necessary to temporarily suspend, health authorities that refuge-based B. Identify who will be conducting allow, or initiate any activity in a refuge mosquitoes threaten human or wildlife surveillance on or near the refuge and to protect the health and safety of the health. their contact information. public or any fish or wildlife 1. Off-refuge (or on-refuge, if C. Identify when they will conduct population, complete a compatibility available) mosquito surveillance surveillance. determination for intervention summary data (species and abundance). 1. Routine, seasonal surveillance; or measures. Refer to 603 FW 2 for more 2. List of vector species present and 2. Surveillance only when threat level information about compatibility and enzootic/endemic diseases they may is elevated (identify triggers for emergencies. vector. surveillance). II. Monitoring Mosquito Populations D. Description of surveillance H. Follow Service pesticide use and (Developed in Cooperation With protocols. permitting procedures, and attach Federal/State/Local Public Health 1. Disease monitoring. approved pesticide use proposal (PUP) Authorities, Vector Control Agencies, (a) Objective(s). and special use permits (SUP). and State Fish and Wildlife Agencies) (b) Method(s). 1. Complete PUP. 2. Submit PUP to Regional IPM A. Identify the purpose and goals of (c) Monitoring locations. (d) Wildlife testing facility (for dead coordinator. In an emergency, contact monitoring on the refuge. B. Identify who will conduct or sick wildlife found on the refuge). Regional/CNO pest management monitoring on the refuge and their 2. Disease activity notification coordinator (and national IPM contact information. procedures between public health coordinator, if adulticides are involved) C. Identify when they will conduct agency, State fish and wildlife agency, to expedite PUP approval. the monitoring: and refuge (we develop these 3. Prepare SUP or other agreement for 1. Routine, seasonal; or procedures cooperatively). agency conducting intervention 2. Monitoring only when threat level 3. Post-treatment monitoring: measures, outlining specific actions to is elevated (identify triggers for Surveillance should continue after any be taken (when, where, how) and monitoring). treatment to determine effectiveness. describing any restrictions, stipulations, D. Description of monitoring E. Restrictions/Stipulations: Identify or other conditions on such actions. protocols. any restrictions/stipulations on 1. Larval and pupal mosquito surveillance activities (e.g., access, 601 FW 7, Exhibit 2 monitoring and breeding habitat vehicle use, sensitive species or Example of Mosquito-Borne Disease inventory and mapping. habitats, time of day, etc.). Health Threat and Response Matrix

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Current conditions Threat Health threat level Refuge response Refuge mosquito populations 2 category 1

No documented existing or his- No action threshold ...... 1 Remove/manage artificial mosquito breeding sites such as torical health threat. tires, tanks, or similar debris/containers. Documented historical health Below action threshold ...... 2 Response as in threat level 1, plus: Allow compatible moni- threat. toring and disease surveillance. Consider compatible non- pesticide management options to reduce mosquito produc- tion (section 7.9). Above action threshold ...... 3 Response as in threat level 2, plus: Allow compatible site-spe- cific application of larvicide in infested areas as determined by monitoring. Documented existing health Below action threshold ...... 4 Response as in threat level 2, plus: Increase monitoring and threat (specify multiple levels, disease surveillance. if necessary; e.g., disease found in wildlife, disease found in mosquitoes, etc.). Above action threshold ...... 5 Response as in threat levels 3 and 4, plus: Allow compatible site-specific application of larvicide, pupacide, or adulticide in infested areas as determined by monitoring data (refer to section 7.15). High risk for mosquito-borne dis- Below action threshold ...... 6 Maximize monitoring and disease surveillance (refer to section ease (imminent risk of serious 7.15). human disease or death, or an imminent risk to popu- lations of wildlife). Above action threshold ...... 7 Response as in threat level 6, plus: Allow site-specific applica- tion of larvicide, pupacide, and adulticide in infested areas as determined by monitoring (refer to sections 7.15 and 7.17). 1 Health threat/risk as determined by Federal and/or State/local public health or wildlife management authorities with jurisdiction inclusive of ref- uge boundaries and/or neighboring public health authorities. 2 Action thresholds represent mosquito population levels that may require intervention measures. We develop thresholds in collaboration with Federal and/or State/local public health or wildlife management authorities and vector control agencies. They must be species- and life stage- specific.

601 FW 7, Exhibit 3 Factors To Consider When Establishing Thresholds for Use of Larvicides/ Pupacides/Adulticides To Control Mosquitoes To Address Health Threats

Factor Description Consideration

Mosquito species ...... Mosquito species vary in the following: Their Consider these factors when establishing ability to carry and transmit disease; flight adult and larval thresholds. Often the spe- distances; feeding preference (birds, mam- cies and biology of the mosquito are more mals, humans); seasonality; and type of important in developing thresholds than the breeding habitat. relative abundance. Proximity to human populations ...... The distance from potential mosquito habitat The potential to produce large numbers of on NWRs to population centers (numbers mosquitoes in close proximity to population and density). centers may result in less tolerance or lower thresholds for implementation of mos- quito control on NWRs. Weather patterns...... Prevailing wind patterns, precipitation, and Prevailing wind patterns that carry mosquitoes temperatures. from refuge habitats to population centers may require lower thresholds. Inclement weather conditions may prevent mosquitoes from moving off-refuge, resulting in higher thresholds. Cultural mosquito tolerance ...... The tolerance of different populations may In many parts of the country, residents accept vary by region of the country and associ- mosquitoes as a way of life, resulting in ated culture and tradition. higher mosquito management thresholds. NWRs in highly populated areas may re- quire lower thresholds because of the intol- erance of urban dwellers to mosquitoes. Adults harbored, but not produced, on-refuge ... Refuge provides resting areas for adult mos- Threshold for mosquito management on the quitoes produced in the surrounding land- refuge should be high with an emphasis for scape. treatment of mosquito breeding habitat off refuge.

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Factor Description Consideration

Spatial extent of mosquito breeding habitat ...... The relative availability of mosquito habitat If the refuge is a primary breeding area for within the landscape that includes the ref- mosquitoes that likely affect human health, uge. threshold may be lower. If refuge mosquito habitats are insignificant in the context of the landscape, thresholds may be higher. Natural predator populations ...... Balanced predator-prey populations may limit If refuge vertebrate and invertebrate prey pop- mosquito production. ulations are adequate to control mosqui- toes, threshold for treatment should be high. Type of mosquito habitat ...... Preferred breeding habitat for mosquitoes is Because breeding habitat is species-specific, species-specific. correlate thresholds for each species to ini- tiate control with appropriate habitat types. Water quality ...... Water quality influences mosquito productivity. High organic content in water may increase mosquito productivity, lower natural pred- ator abundance, and may require lower thresholds. Opportunities for water and vegetation manage- Management of water levels and vegetation Thresholds for treatment should be higher ment. may reduce mosquito productivity. where we can control mosquitoes through habitat management. Presence/absence of vector control agency ...... Many areas do not have adequate human Thresholds for management may be much populations to support vector control. In ad- higher or non-existent in areas without vec- dition, resources available for mosquito tor control. management vary among districts. Accessibility for monitoring/control ...... Refuges may not have adequate access to Thresholds will probably be higher for refuges monitor or implement mosquito manage- with limited access that will require cost- ment. prohibitive monitoring and treatment strate- gies. History of mosquito borne diseases in area ...... Past monitoring of wildlife, mosquito pools, Thresholds in areas with a history of mos- horses, sentinel chickens, and humans quito-borne disease(s) will likely be lower. have documented mosquito-borne dis- eases.

[FR Doc. E7–20201 Filed 10–12–07; 8:45 am] eliminate any payments to the state Land Management (BLM) Boise and BILLING CODE 4310–55–P should the state permit any licensed Twin Falls District Recreation Resource horse racetrack to increase number of Advisory Council (Rec-RAC) machines, increase hours of operation, Subcommittee, will hold a meeting as DEPARTMENT OF THE INTERIOR allow operation of gaming machines indicated below. outside licensed premises or operate Bureau of Indian Affairs DATES: The meeting will be held table games. This Amendment extends November 14, 2007, beginning at 9:30 Indian Gaming the term of the Compact until 2037. a.m. and adjourning at 4:30 p.m. The Dated: October 5, 2007. meeting will be held at the Three Island AGENCY: Bureau of Indian Affairs, Carl J. Artman, State Park Visitors Center, West Interior. Assistant Secretary—Indian Affairs. Madison Street, Glenns Ferry, Idaho. ACTION: Notice of approved amended Public comment periods will be held Tribal-State Compact. [FR Doc. E7–20197 Filed 10–12–07; 8:45 am] BILLING CODE 4310–4N–P before the conclusion of the meeting. SUMMARY: This notice publishes FOR FURTHER INFORMATION CONTACT: MJ approval of the Tribal-State Class III Byrne, Public Affairs Officer and RAC Gaming Compact between the State of DEPARTMENT OF THE INTERIOR Coordinator, BLM Boise District, 3948 New Mexico and the Pueblo of Laguna. Development Ave., Boise, ID 83705, Bureau of Land Management DATES: Effective Date: October 15, 2007. Telephone (208) 384–3393, or Beckie FOR FURTHER INFORMATION CONTACT: [ID 100 1220MA 241A: DBG081001] Wagoner, Administrative Assistant, George T. Skibine, Director, Office of Twin Falls District, 2536 Kimberly Rd., Indian Gaming, Office of the Deputy Notice of Public Meeting: Joint Twin Falls, ID 83301, (208) 735–2063. Recreation Resource Advisory Council Assistant Secretary—Policy and SUPPLEMENTARY INFORMATION: In Subcommittee to the Boise and Twin Economic Development, Washington, accordance with section 4 of the Federal Falls Districts, Bureau of Land DC 20240, (202) 219–4066. Lands Recreation Enhancement Act of Management, U.S. Department of the SUPPLEMENTARY INFORMATION: Under 2005, a Subcommittee has been Interior Section 11 of the Indian Gaming established to provide advise to the Regulatory Act of 1988 (IGRA), Public AGENCY: Bureau of Land Management, Secretary of the Interior, through the Law 100–497, 25 U.S.C. § 2710, the U.S. Department of the Interior. BLM, in the form of recommendations Secretary of the Interior shall publish in ACTION: Notice of public meeting. that relate to public concerns regarding the Federal Register notice of the the implementation, elimination or approved Tribal-State Compacts and SUMMARY: In accordance with the expansion of an amenity recreation fee; Amendments for the purpose of Federal Land Policy and Management or recreation fee program on public engaging in Class III gaming activities Act (FLPMA) and the Federal Advisory lands under the jurisdiction of the U.S. on Indian lands. This Amendment Committee Act of 1972 (FACA), the U.S. Forest Service and the BLM in both the includes a provision that would Department of the Interior, Bureau of Boise and Twin Falls Districts located in

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southern Idaho. Items on the agenda or faxed comments should be submitted St. Charles Sts., St. Louis include review and discussion of by October 30, 2007. (Independent City), 07001158. information mailed by representatives of J. Paul Loether, OREGON the Payette, Boise and Sawtooth Chief, National Register of Historic Places/ Crook County National Forests to the Subcommittee National Historic Landmarks Program. Members about proposed Roba Ranch, The, 66953 Roba Ranch implementation, elimination or ARKANSAS Rd., Paulina, 07001159. expansion of identified amenity Arkansas County PENNSYLVANIA recreation fees, or fee programs, and; Wallace Bottom, Address Restricted, formulation of recommendations for Bucks County Tichnor, 07001147. approval or rejection of the fee changes Uneek Havana Cigar Company, 1259 PA that will be brought before the two full COLORADO 113 (Hilltown Township), Blooming RAC’s meeting jointly in the fall of Chaffee County Glen, 07001160. 2007. Agenda items and location may change due to changing circumstances, Alexander House, 846 F St., Salida, Monroe County including wildfire emergencies. All 07001148. Shawnee—Minisink Site, Address meetings are open to the public. The Kit Carson County Restricted, Minisink Hills, 07001161. public may present written comments to Hudson, Sim, Motor Company, 1332 Washington County the Subcommittee. Each formal Senter Ave., Burlington, 07001149. subcommittee meeting will also have Charleroi Historic District, Roughly time allocated for hearing public MAINE bounded by 1st & 13th Sts., Oakland Ave. & Pennsylvania RR tracks. comments. Depending on the number of Androscoggin County Charleroi Borough, 07001162. persons wishing to comment and time available, the time for individual oral Lisbon Falls High School, 4 Campus TENNESSEE Ave., Lisbon Falls, 07001150. comments may be limited. Individuals Davidson County who plan to attend and need special Hancock County assistance, such as sign language Beech Grove, (Historic Family Farms in Farm House, The, 15 Highbrook Rd., Bar interpretation, tour transportation or Middle Tennessee MPS) 8423 Old Harbor, 07001152. other reasonable accommodations, Harding Pike, Nashville, 07001163. should contact the BLM Coordinators as Knox County Hardeman County provided above. Expedited publication Common, The, Between Common & Robertson Family Farm, 2715 Newsom is requested to give the public adequate Burkett Rds., Union, 07001151. Rd., Whiteville, 07001164. notice. York County Shelby County Dated: October 9, 2007. Jerry L. Taylor, Brave Boat Harbor Farm, 110 Raynes Knickerbocker Apartments, The, 23–25 Neck Rd., York, 07001153. S. McLean Blvd., Memphis, District Manager. 07001165. [FR Doc. E7–20226 Filed 10–12–07; 8:45 am] MISSOURI Pippin Roller Coaster, Mid-South BILLING CODE 4310–GG–P Clay County Fairgrounds bounded by E. Pkwy., Atkins—Johnson Farmhouse Property, Central & Southern Aves. & Early Maxwell Blvd., Memphis, 07001166. DEPARTMENT OF THE INTERIOR 6508 N. Jackson Ave., Gladstone, 07001154. Unicoi County National Park Service Jackson County Brown, A.R., House, 241 S. Main Ave., Erwin, 07001167. National Register of Historic Places; Armour Boulevard Post-World War II Notification of Pending Nominations Apartment Building Historic District, UTAH (Working-Class and Middle-Income and Related Actions Salt Lake County Apartment Buildings in Kansas City, Nominations for the following Missouri MPS), 640 & 701 E. Armour Yalecrest Historic District, Roughly bounded by Sunnyside Ave. (840 S.) properties being considered for listing Blvd. & 3457 Holmes St., Kansas City, to 1300 S. & 1300 E. to 1800 E., Salt or related actions in the National 07001155. Lake City, 07001168. Register were received by the National Gillham Court Apartments Building, Park Service before September 29, 2007. (Working-Class and Middle-Income Tooele County Apartment Buildings in Kansas City, Pursuant to section 60.13 of 36 CFR part Davis, David E. House, 400 E. UT 199, 60 written comments concerning the Missouri MPS) 3411 Gillham Rd., Kansas City, 07001156. Rush Valley, 07001172. significance of these properties under the National Register criteria for Platte County Utah County evaluation may be forwarded by United TWA Administrative Offices Building, Providence Historic District, Roughly States Postal Service, to the National 11500 Ambassador Dr., Kansas City, bounded by 200 N., 400 E., 500 S. & Register of Historic Places, National 07001157. 200 W., Providence, 07001169. Park Service, 1849 C St., NW., 2280, VERMONT Washington, DC 20240; by all other St. Louis Independent city carriers, National Register of Historic Olive and Locust Historic Business Rutland County Places, National Park Service, 1201 Eye District, (Auto-Related Resources of Kingsley Grist Mill Historic District, St., NW., 8th floor, Washington, DC St. Louis, Missouri MPS) Roughly East St. & Gorge Rd., Clarendon, 20005; or by fax, 202–371–6447. Written bounded by N. Jefferson, Olive, 21st & 07001170.

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Windsor County Dated: September 25, 2007. www.usitc.gov. The public record for Southview Housing Historic District, 1– Walter Larrick, this investigation may be viewed on the 107 Stanley Rd., Springfield, Assistant Program Manager, Pacific Commission’s electronic docket (EDIS) 07001171. Northwest Region. at http://edis.usitc.gov. A request for REMOVAL has been [FR Doc. 07–5059 Filed 10–12–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: made for the following resources: BILLING CODE 4310–MN–M Kevin Baer, Esq., Office of Unfair Import Investigations, U.S. International Trade COLORADO Commission, telephone (202) 205–2221. Denver County INTERNATIONAL TRADE Authority: The authority for institution of COMMISSION this investigation is contained in section 337 Beierle Farm, (Denver International of the Tariff Act of 1930, as amended, and Airport MPS) Hudson Rd., just N. of [Inv. No. 337–TA–616] in section 210.10 of the Commission’s Rules Irondale Rd., Watkins, 92001673. of Practice and Procedure, 19 CFR 210.10 In the Matter of Certain Hard Disk (2007). TENNESSEE Drives, Components Thereof, and Shelby County Products Containing the Same; Notice Scope of Investigation: Having of Investigation considered the complaint, the U.S. Douglass High School, 3200 Mt. Olive International Trade Commission, on Rd., Memphis, 98000241. AGENCY: U.S. International Trade October 4, 2007, ordered that— [FR Doc. E7–20274 Filed 10–12–07; 8:45 am] Commission. (1) Pursuant to subsection (b) of BILLING CODE 4312–51–P ACTION: Institution of investigation section 337 of the Tariff Act of 1930, as pursuant to 19 U.S.C. 1337. amended, an investigation be instituted to determine whether there is a DEPARTMENT OF INTERIOR SUMMARY: Notice is hereby given that a violation of subsection (a)(1)(B) of complaint was filed with the U.S. section 337 in the importation into the Bureau of Reclamation International Trade Commission on United States, the sale for importation, September 10, 2007, under section 337 or the sale within the United States after Meeting of the Yakima River Basin of the Tariff Act of 1930, as amended, importation of certain hard disk drives, Conservation Advisory Group, Yakima 19 U.S.C. 1337, on behalf of Steven F. components thereof, or products River Basin Water Enhancement Reiber and Mary L. Reiber of Lincoln, containing the same by reason of Project, Yakima, WA California. The complaint alleges infringement of one or more of claims violations of section 337 in the AGENCY: Bureau of Reclamation, 37–39, 50, and 51 of U.S. Patent No. importation into the United States, the Interior. 6,354,479, claims 28, 30, and 33–35 of sale for importation, and the sale within ACTION: Notice of meeting. U.S. Patent No. 6,651,864, and claim 3 the United States after importation of of U.S. Patent No. 6,935,548, and SUMMARY: As required by the Federal certain hard disk drives, components whether an industry in the United Advisory Committee Act, notice is thereof, and products containing the States exists as required by subsection hereby given that the Yakima River same by reason of infringement of (a)(2) of section 337; Basin Conservation Advisory Group, certain claims of U.S. Patent Nos. (2) For the purpose of the Yakima River Basin Water Enhancement 6,354,479, 6,651,864, and 6,935,548. investigation so instituted, the following Project, Yakima, Washington, The complaint further alleges that an are hereby named as parties upon which established by the Secretary of the industry in the United States exists as this notice of investigation shall be Interior, will hold a public meeting. The required by subsection (a)(2) of section served: purpose of the Conservation Advisory 337. (a) The complainants are—Steven F. Group is to provide technical advice The complainants request that the Reiber, Mary L. Reiber, 867 Mossy Ridge and counsel to the Secretary of the Commission institute an investigation Lane, Lincoln, California 95648. Interior and Washington State on the and, after the investigation, issue a (b) The respondents are the following structure, implementation, and permanent exclusion order and a entities alleged to be in violation of oversight of the Yakima River Basin permanent cease and desist order. section 337, and are the parties upon Water Conservation Program. ADDRESSES: The complaint, except for which the complaint is to be served: any confidential information contained DATES: Wednesday, November 14, 2007, Western Digital Corporation, 20511 Lake 9 a.m.–12 p.m. therein, is available for inspection Forest Drive, Lake Forest, California during official business hours (8:45 a.m. ADDRESSES: Bureau of Reclamation 92630 to 5:15 p.m.) in the Office of the Office, 1917 Marsh Road, Yakima, Seagate Technology, 920 Disc Drive, Secretary, U.S. International Trade Washington. Scotts Valley, California 95066 Commission, 500 E Street, SW., Room Toshiba America Information Systems, FOR FURTHER INFORMATION CONTACT: Mr. 112, Washington, DC 20436, telephone Inc., 9740 Irvine Boulevard, Irvine, Walt Larrick, Assistant Program 202–205–2000. Hearing impaired California 92616 Manager, Yakima River Basin Water individuals are advised that information Hewlett-Packard Company, 3000 Enhancement Project, 1917 Marsh Road, on this matter can be obtained by Hanover Street, Palo Alto, California Yakima, Washington, 98901; 509–575– contacting the Commission’s TDD 94304 5848, extension 209. terminal on 202–205–1810. Persons Dell Inc., One Dell Way, Round Rock, SUPPLEMENTARY INFORMATION: The with mobility impairments who will Texas 78682 purpose of the meeting will be to review need special assistance in gaining access (c) The Commission investigative the option of using the acquired habitat to the Commission should contact the attorney, party to this investigation, is lands to mitigate the impacts that occur Office of the Secretary at 202–205–2000. Kevin Baer, Esq., Office of Unfair Import from the planned conservation measures General information concerning the Investigations, U.S. International Trade and develop recommendations. This Commission may also be obtained by Commission, 500 E Street, SW., Room meeting is open to the public. accessing its Internet server at http:// 401L, Washington, DC 20436; and

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(3) For the investigation so instituted, data is provided in the desired format, incorporated requirements mandate that the Honorable Carl C. Charneski is reporting burden (time and financial miners who must wear respirators be fit- designated as the presiding resources) is minimized, collection tested to the respirators that they will administrative law judge. instruments are clearly understood, and use. Certain records are also required to Responses to the complaint and the the impact of collection requirements on be kept in connection with respirators, notice of investigation must be respondents can be properly assessed. including records of the date of issuance submitted by the named respondents in DATES: Submit comments on or before of the respirator, and fit-test results. The accordance with section 210.13 of the December 14, 2007. fit-testing records are essential for Commission’s Rules of Practice and ADDRESSES: Send comments to, Debbie determining that the worker is wearing Procedure, 19 CFR 210.13. Pursuant to Ferraro, Management Services Division, the proper respirator. 19 CFR 201.16(d) and 210.13(a), such 1100 Wilson Boulevard, Room 2171, II. Desired Focus of Comments responses will be considered by the Arlington, VA 22209–3939. Commenters Commission if received not later than 20 are encouraged to send their comments Currently, the Mine Safety and Health days after the date of service by the on computer disk, or via E-mail to Administration (MSHA) is soliciting Commission of the complaint and the [email protected]. Ms. Ferraro comments concerning the proposed notice of investigation. Extensions of can be reached at (202) 693–9821 extension of the information collection time for submitting responses to the (voice), or (202) 693–9801 (facsimile). requirement related to the Respirator Program Records. MSHA is particularly complaint and the notice of FOR FURTHER INFORMATION: Contact the investigation will not be granted unless interested in comments that: employee listed in the ADDRESSES • Evaluate whether the proposed good cause therefor is shown. section of this notice. Failure of a respondent to file a timely collection of information is necessary SUPPLEMENTARY INFORMATION: response to each allegation in the for the proper performance of the complaint and in this notice may be I. Background functions of the agency, including whether the information will have deemed to constitute a waiver of the Section 101(a)(7) of the Mine Act right to appear and contest the practical utility; mandates in part that mandatory • allegations of the complaint and this Evaluate the accuracy of the standards prescribe the use of protective agency’s estimate of the burden of the notice, and to authorize the equipment where appropriate to protect administrative law judge and the proposed collection of information, miners against hazards. Where including the validity of the Commission, without further notice to protective equipment or respirators are the respondent, to find the facts to be as methodology and assumptions used; required because of exposure to harmful • alleged in the complaint and this notice Enhance the quality, utility, and substances, MSHA must ensure that clarity of the information to be and to enter an initial determination such equipment offers adequate and a final determination containing collected; and protection for workers. A written • Minimize the burden of the such findings, and may result in the respirator program that addresses such issuance of an exclusion order or cease collection of information on those who issues as selection, fitting, use, and are to respond, including through the and desist order or both directed against maintenance of respirators is essential a respondent. use of appropriate automated, for ensuring that workers are properly electronic, mechanical, or other By order of the Commission. and effectively using the equipment. technological collection techniques or Issued: October 9, 2007 Records of fit-testing are essential for other forms of information technology, William R. Bishop, determining that the worker is wearing e.g., permitting electronic submissions the proper respirator. Acting Secretary to the Commission. of responses. Title 30 CFR Sections 56.5005 and [FR Doc. E7–20199 Filed 10–12–07; 8:45 am] A copy of the proposed information 57.5005 require metal and nonmetal collection request can be obtained by BILLING CODE 7020–02–P mine operators to institute a respirator contacting the employee listed in the program governing selection, ADDRESSES section of this notice or maintenance, training, fitting, viewed on the Internet by accessing the DEPARTMENT OF LABOR supervision, cleaning and use of MSHA home page (http:// respirators. To control those Mine Safety and Health Administration www.msha.gov/) and selecting ‘‘Rules occupational diseases caused by and Regs’’, then selecting ‘‘Fed Reg Proposed Information Collection breathing air contaminated with Docs.’’ harmful dusts, fumes, mists, gases, or Request Submitted for Public III. Current Actions Comment and Recommendations; vapors, the primary objective is to Respirator Program Records prevent atmospheric contamination. The mine operator uses the MSHA’s current policy, as prescribed by information to properly issue ACTION: Notice. regulation, is to require that this be respiratory protection to miners when accomplished by feasible engineering feasible engineering and/or SUMMARY: The Department of Labor, as measures. When effective controls are administrative controls do not reduce part of its continuing effort to reduce not feasible, or while they are being the exposure to permissible levels. Fit- paperwork and respondent burden, instituted, or during occasional entry testing records are used to ensure that conducts a preclearance consultation into hazardous atmospheres to perform a respirator worn by an individual is in program to provide the general public maintenance or investigations, fact the one for which that individual and Federal agencies with an appropriate respirators are to be used in received a tight fit. MSHA uses the opportunity to comment on proposed accordance with established procedures information to determine compliance and/or continuing collections of protecting the miners. with the standard. information in accordance with the Sections 56.5005 and 57.5005 Type of Review: Extension. Paperwork Reduction Act of 1995 incorporate by reference requirements of Agency: Mine Safety and Health (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This the American National Standards Administration. program helps ensure that requested Institute (ANSI Z88.2–1969). These Title: Respirator Program Records.

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OMB Number: 1219–0048. SUPPLEMENTARY INFORMATION: contacting the employee listed in the Recordkeeping: None. ADDRESSES section of this notice or I. Background Affected Public: Business or other for- viewed on the internet by accessing the profit. Title 30 CFR Sections 56.19057 and MSHA home page (http:// Cite/Reference: 30 CFR 56.5005 and 57.19057 require the annual www.msha.gov/) and selecting ‘‘Rules 57.5005. examination and certification of a hoist and Regs’’, then selecting ‘‘Fed Reg Total Respondents: 300. operator’s fitness. The safety of all metal Docs.’’ Total Responses: 5,400. and nonmetallic miners riding hoist Estimated Total Burden Hours: 2,174 conveyances is dependent upon the III. Current Actions hours. attentiveness and physical capabilities Title 30 CFR Sections 56.19057 and Burden Cost: $90,000. of the hoist operator, in routine and 57.19057 require the annual Comments submitted in response to emergency evacuations. Improper examination and certification of a hoist this notice will be summarized and/or movement, overspeed, and overtravel of operator’s fitness. The safety of all metal included in the request for Office of a hoisting conveyance can result in and nonmetallic miners riding hoist Management and Budget approval of the serious physical harm or death to all conveyances is dependent upon the information collection request; they will passengers. While small mine operators attentiveness and physical capabilities also become a matter of public record. are likely to have fewer hoists and hoist of the hoist operators, in routine and Dated at Arlington, Virginia, this 10th day operators, Congress intended that the emergency evacuations. Improper of October, 2007. Mine Act be enforced at all mining movements, overspeed, and overtravel David L. Meyer, operations within its jurisdiction of a hoisting conveyance can result in Director, Office of Administration and regardless of size and that information serious physical harm or death to all Management. collection and record keeping passengers. Small mine operators are [FR Doc. E7–20237 Filed 10–12–07; 8:45 am] requirements be consistent with likely to have fewer hoists and hoist BILLING CODE 4510–43–P efficient and effective enforcement of operators. the Mine Act. However, Congress did Type of Review: Extension. recognize that small operations may face Agency: Mine Safety and Health DEPARTMENT OF LABOR problems in complying with some Mine Administration. Act provisions. Section 103(e) of the Title: Hoist Operators’ Physical Mine Safety and Health Administration Mine Act directs the Secretary of Labor Fitness. not to impose an unreasonable burden OMB Number: 1219–0049. Proposed Information Collection on small businesses when obtaining any Affected Public: Business or other for- Request Submitted for Public information under the Mine Act. This profit. Comment and Recommendations; information collection does not have a Total Respondents: 64. Hoist Operators’ Physical Fitness significant impact on a substantial Total Responses: 320. ACTION: Notice. number of small entities. Estimated Total Burden Hours: 10.7. Total Annualized Capital/Startup II. Desired Focus of Comments SUMMARY: The Department of Labor, as Costs: $0. part of its continuing effort to reduce Currently, the Mine Safety and Health Total Operating and Maintenance paperwork and respondent burden, Administration (MSHA) is soliciting Costs: $98,560. conducts a preclearance consultation comments concerning the proposed Comments submitted in response to program to provide the general public extension of the information collection this notice will be summarized and/or and Federal agencies with an requirement related to the Hoist included in the request for Office of opportunity to comment on proposed Operators’ Physical Fitness. MSHA is Management and Budget approval of the and/or continuing collections of particularly interested in comments information collection request; they will information in accordance with the that: also become a matter of public record. • Paperwork Reduction Act of 1995 Evaluate whether the proposed collection of information is necessary Dated at Arlington, Virginia, this 10th day (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This of October, 2007. program helps ensure that requested for the proper performance of MSHA’s functions, including whether the David L. Meyer, data is provided in the desired format, Director, Office of Administration and reporting burden (time and financial information has practical utility; • Evaluate the accuracy of MSHA’s Management. resources) is minimized, collection [FR Doc. E7–20238 Filed 10–12–07; 8:45 am] instruments are clearly understood, and estimate of the burden of the proposed BILLING CODE 4510–43–P the impact of collection requirements on collection of information, including the respondents can be properly assessed. validity of the methodology and assumptions used; DATES: Submit comments on or before • Suggest methods to enhance the DEPARTMENT OF LABOR December 14, 2007. quality, utility, and clarity of the Mine Safety and Health Administration ADDRESSES: Send comments to Debbie information to be collected; and Ferraro, Management Services Division, • Address the use of appropriate 1100 Wilson Boulevard, Room 2171, Proposed Information Collection automated, electronic, mechanical, or Request Submitted for Public Arlington, VA 22209–3939. Commenters other technological collection are encouraged to send their comments Comment and Recommendations; techniques or other forms of information Rock Burst Control Plan on computer disk, or via E-mail to technology, (e.g., permitting electronic [email protected]. Ms. Ferraro submissions of responses) to minimize ACTION: Notice. can be reached at (202) 693–9821 the burden of the collection of (voice), or (202) 693–9801 (facsimile). information on those who are to SUMMARY: The Department of Labor, as FOR FURTHER INFORMATION CONTACT: respond. part of its continuing effort to reduce Contact the employee listed in the A copy of the proposed information paperwork and respondent burden, ADDRESSES section of this notice. collection request can be obtained by conducts a preclearance consultation

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program to provide the general public validity of the methodology and 463, as amended), the National Science and Federal agencies with an assumptions used; Foundation announces the following opportunity to comment on proposed • Suggest methods to enhance the meeting: and/or continuing collections of quality, utility, and clarity of the Name: President’s Committee on the information in accordance with the information to be collected; and National Medal of Science (1182). Paperwork Reduction Act of 1995 • Address the use of appropriate Date and Time: Friday, November 30, (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This automated, electronic, mechanical, or 2007, 8:30 a.m.–1:30 p.m. program helps ensure that requested other technological collection Place: Room 1235, National Science data is provided in the desired format, techniques or other forms of information Foundation, 4201 Wilson Blvd, reporting burden (time and financial technology, (e.g., permitting electronic Arlington, VA. resources) is minimized, collection submissions of responses) to minimize Type of Meeting: Closed. instruments are clearly understood, and the burden of the collection of Contact Person: Ms. Mayra Montrose, the impact of collection requirements on information on those who are to Program Manager, Room 1282, National respondents can be properly assessed. respond. A copy of the proposed Science Foundation, 4201 Wilson Blvd, information collection request can be DATES: Submit comments on or before Arlington, VA 22230. Telephone: 703– obtained by contacting the employee December 14, 2007. 292–4757. listed in the ADDRESSES section of this Purpose of Meeting: To provide ADDRESSES: Send comments to Debbie notice or viewed on the internet by advice and recommendations to the Ferraro, Management Services Division, accessing the MSHA home page (http:// President in the selection of the 2007 1100 Wilson Boulevard, Room 2171, www.msha.gov/) and selecting ‘‘Rules National Medal of Science recipients. Arlington, VA 22209–3939. Commenters and Regs’’, then selecting ‘‘Fed Reg Agenda: To review and evaluate are encouraged to send their comments Docs.’’ nominations as part of the selection on computer disk, or via E-mail to III. Current Actions process for awards. [email protected]. Ms. Ferraro Reason for Closing: The nominations can be reached at (202) 693–9821 This information collection needs to being reviewed include information of a (voice), or (202) 693–9801 (facsimile). be extended to protect miners from personal nature where disclosure would FOR FURTHER INFORMATION: Contact the entrapment, serious physical harm or constitute unwarranted invasions of employee listed in the ADDRESSES death, in metal and nonmetal personal privacy. These matters are section of this notice. underground mines with a history of exempt under 5 U.S.C. 552b(c)(6) of the rock bursts. Government in the Sunshine Act. SUPPLEMENTARY INFORMATION: Type of Review: Extension. I. Background Agency: Mine Safety and Health Dated: October 10, 2007. Administration. Susanne Bolton, When rock bursts occur in an Title: Rock Burst Control Plans. Committee Management Officer. underground mine, they pose a serious OMB Number: 1219–0097. [FR Doc. E7–20202 Filed 10–12–07; 8:45 am] threat to the safety of miners in the area Affected Public: Business or other for- affected by the burst. These bursts may profit. BILLING CODE 7555–01–P reasonably be expected to result in the Frequency: On occasion. entrapment, serious physical harm, or Cite/Reference: 30 CFR 57.3461. death, of miners. Recently developed Total Respondents: 2. NUCLEAR REGULATORY mining technology now permits mine Total Responses: 2. COMMISSION operators to monitor rock stresses, Average Time per Response: 12 hours. NUREG/CR–XXXX, ‘‘Approaches for which helps predict an impending Estimated Total Burden Hours: 24 Using Traditional Probabilistic Risk burst. These predictions can be used by hours. Total Annualized Capital/Startup Assessment Methods for Digital a mine operator to move miners to safer Costs: $0. Systems’’; Draft Report for Comment locations and to establish areas that Total Operating and Maintenance need relief drilling. Title 30, Section Costs: $0. AGENCY: Nuclear Regulatory 57.3461 requires operators of Comments submitted in response to Commission. underground metal and nonmetal mines this notice will be summarized and/or ACTION: Notice of availability for public to develop a rock burst control plan included in the request for Office of comment. within 90 days after a rock burst has Management and Budget approval of the occurred. information collection request; they will SUMMARY: The Nuclear Regulatory II. Desired Focus of Comments also become a matter of public record. Commission (NRC) is conducting research to support development of Currently, the Mine Safety and Health Dated at Arlington, Virginia, this 10th day of October, 2007. regulatory guidance for using risk Administration (MSHA) is soliciting information related to digital systems in David L. Meyer, comments concerning the proposed the licensing actions of nuclear power extension of the information collection Director, Office of Administration and plants (NPPs). The objective of this Management. requirement related to the Rock Burst research is to identify and develop Control Plans. MSHA is particularly [FR Doc. E7–20239 Filed 10–12–07; 8:45 am] methods, analytical tools, and interested in comments that: BILLING CODE 4510–43–P regulatory guidance to support (1) Using • Evaluate whether the proposed information on the risks of digital collection of information is necessary systems in NPP licensing decisions, and for the proper performance of MSHA’s NATIONAL SCIENCE FOUNDATION (2) including models of digital systems functions, including whether the President’s Committee on the National into NPP probabilistic risk assessments information has practical utility; Medal of Science; Notice of Meeting (PRAs). • Evaluate the accuracy of MSHA’s In support of this research, estimate of the burden of the proposed In accordance with the Federal Brookhaven National Laboratory (BNL) collection of information, including the Advisory Committee Act (Pub. L. 92– is working on the use of traditional

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methods to develop and quantitatively Rockville Pike, Rockville, MD, between quarter (October through December) of assess reliability models of digital 7:30 a.m. and 4:30 p.m. Federal 2007. systems. As part of this work, BNL will workdays, or by e-mail to: FOR FURTHER INFORMATION CONTACT: apply two selected traditional methods [email protected]. Catherine B. Klion, Manager, Regulatory to two benchmark digital systems. The FOR FURTHER INFORMATION CONTACT: and Policy Division, Legislative and initial tasks in the BNL project, Alan Kuritzky, Office of Nuclear Regulatory Department, Pension Benefit including preparatory work for Regulatory Research, U.S. Nuclear Guaranty Corporation, 1200 K Street, developing the reliability models of the Regulatory Commission, Washington, NW., Washington, DC 20005, 202–326– first benchmark system, are addressed DC 20555–0001, telephone (301) 415– 4024. (TTY/TDD users may call the in draft NUREG/CR–XXXX, 6255, e-mail: [email protected]. Federal relay service toll-free at 1–800– ‘‘Approaches for Using Traditional Dated at Rockville, Maryland, this 9th day 877–8339 and ask to be connected to Probabilistic Risk Assessment Methods 202–326–4024.) for Digital Systems.’’ This notice of October, 2007. SUPPLEMENTARY INFORMATION: announces the availability of the draft For the U.S. Nuclear Regulatory NUREG/CR for public comment. Commission. Variable-Rate Premiums Christiana Lui, DATES: Please submit comments on Section 4006(a)(3)(E)(iii)(II) of the NUREG/CR–XXXX, ‘‘Approaches for Director, Division of Risk Analysis, Office of Nuclear Regulatory Research. Employee Retirement Income Security Using Traditional Probabilistic Risk Act of 1974 (ERISA) and § 4006.4(b)(1) [FR Doc. E7–20301 Filed 10–12–07; 8:45 am] Assessment Methods for Digital of the PBGC’s regulation on Premium Systems,’’ by November 14, 2007. BILLING CODE 7590–01–P Rates (29 CFR part 4006) prescribe use Comments received after this date will of an assumed interest rate (the be considered if practical to do so, but ‘‘required interest rate’’) in determining the NRC staff is able to ensure PENSION BENEFIT GUARANTY a single-employer plan’s variable-rate consideration only for those comments CORPORATION premium. Pursuant to the Pension received on or before this date. Protection Act of 2006, for premium ADDRESSES: NUREG/CR–XXXX, Required Interest Rate Assumption for payment years beginning in 2006 or ‘‘Approaches for Using Traditional Determining Variable-Rate Premium for 2007, the required interest rate is the Probabilistic Risk Assessment Methods Single-Employer Plans; Interest on ‘‘applicable percentage’’ of the annual for Digital Systems,’’ is available for Late Premium Payments; Interest on rate of interest determined by the inspection and copying for a fee at the Underpayments and Overpayments of Secretary of the Treasury on amounts NRC’s Public Document Room (PDR), Single-Employer Plan Termination invested conservatively in long-term Public File Area O–1F21, One White Liability and Multiemployer Withdrawal investment grade corporate bonds for Flint North, 11555 Rockville Pike, Liability; Interest Assumptions for the month preceding the beginning of Rockville, Maryland. Publicly available Multiemployer Plan Valuations the plan year for which premiums are documents created or received at the Following Mass Withdrawal being paid (the ‘‘premium payment NRC after November 1, 1999, are year’’). available electronically at the NRC’s AGENCY: Pension Benefit Guaranty On February 2, 2007 (at 72 FR 4955), Electronic Reading Room at http:// Corporation. the Internal Revenue Service (IRS) www.nrc.gov/NRC/ADAMS/index.html. ACTION: Notice of interest rates and published final regulations containing From this site, the public can gain entry assumptions. updated mortality tables for determining into the NRC’s Agencywide Document current liability under section 412(l)(7) Access and Management System SUMMARY: This notice informs the public of the Code and section 302(d)(7) of (ADAMS), which provides text and of the interest rates and assumptions to ERISA for plan years beginning on or image files of the NRC’s public be used under certain Pension Benefit after January 1, 2007. As a result, in documents. The ADAMS Accession Guaranty Corporation regulations. These accordance with section Numbers for NUREG/CR–XXXX, rates and assumptions are published 4006(a)(3)(E)(iii)(II) of ERISA, the ‘‘Approaches for Using Traditional elsewhere (or can be derived from rates ‘‘applicable percentage’’ to be used in Probabilistic Risk Assessment Methods published elsewhere), but are collected determining the required interest rate for Digital Systems,’’ are ML072690235 and published in this notice for the for plan years beginning in 2007 is 100 (main report) and ML072690238 convenience of the public. Interest rates percent. (appendices). If you do not have access are also published on the PBGC’s Web The required interest rate to be used to ADAMS or if there are problems in site (http://www.pbgc.gov). in determining variable-rate premiums accessing the documents located in DATES: The required interest rate for for premium payment years beginning ADAMS, contact the NRC PDR determining the variable-rate premium in October 2007 is 6.23 percent (i.e., 100 Reference staff at 1–800–397–4209, 301– under part 4006 applies to premium percent of the 6.23 percent composite 415–4737, or by e-mail to [email protected]. payment years beginning in October corporate bond rate for September 2007 This document will also be posted on 2007. The interest assumptions for as determined by the Treasury). the NRC’s public Web site at: http:// performing multiemployer plan The following table lists the required www.nrc.gov/about-nrc/regulatory/ valuations following mass withdrawal interest rates to be used in determining research/digital/tech- under part 4281 apply to valuation dates variable-rate premiums for premium reference.html#one. occurring in November 2007. The payment years beginning between Please submit comments to Chief, interest rates for late premium payments November 2006 and October 2007. Rulemaking, Directives and Editing under part 4007 and for underpayments Branch, Division of Administrative and overpayments of single-employer The For premium payment years required Services, Office of Administration, U.S. plan termination liability under part beginning in: interest rate Nuclear Regulatory Commission, 4062 and multiemployer withdrawal is: Washington, DC 20555–0001. You may liability under part 4219 apply to also deliver comments to 11545 interest accruing during the fourth November 2006 ...... 5.05

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The of ERISA unless an applicable plan SECURITIES AND EXCHANGE For premium payment years required provision provides otherwise. For COMMISSION beginning in: interest rate interest accruing during any calendar is: quarter, the specified rate is the average Submission for OMB Review; Comment Request December 2006 ...... 4.90 quoted prime rate on short-term January 2007 ...... 5.75 commercial loans for the fifteenth day Upon Written Request, Copies Available February 2007 ...... 5.89 (or the next business day if the fifteenth From: U.S. Securities and Exchange March 2007 ...... 5.85 day is not a business day) of the month Commission, Office of Investor April 2007 ...... 5.84 May 2007 ...... 5.98 preceding the beginning of the quarter, Education and Advocacy, June 2007 ...... 6.01 as reported by the Board of Governors Washington, DC 20549–0213. July 2007 ...... 6.32 of the Federal Reserve System in Extension: August 2007 ...... 6.33 Statistical Release H.15 (‘‘Selected Rule 13e–3 (Schedule 13E–3), OMB September 2007 ...... 6.33 Interest Rates’’). The rate for the fourth Control No. 3235–0007, SEC File No. October 2007 ...... 6.23 quarter (October through December) of 270–1. 2007 (i.e., the rate reported for Notice is hereby given that pursuant Late Premium Payments; September 17, 2007) is 8.25 percent. to the Paperwork Reduction Act of 1995 Underpayments and Overpayments of (44 U.S.C. 3501 et seq.) the Securities Single-Employer Plan Termination The following table lists the withdrawal liability underpayment and and Exchange Commission Liability (‘‘Commission’’) has submitted to the overpayment interest rates for the Section 4007(b) of ERISA and section Office of Management and Budget the specified time periods: 4007.7(a) of the PBGC’s regulation on request for extension of the previously Payment of Premiums (29 CFR part approved collection of information Interest rate 4007) require the payment of interest on From— Through— (percent) discussed below. late premium payments at the rate Rule 13e–3 and Schedule 13E–3 (17 established under section 6601 of the 7/1/01 ...... 9/30/01 7.00 CFR 240.13e–3 and 240.13e–100)—Rule Internal Revenue Code. Similarly, 10/1/01 ...... 12/31/01 6.50 13e–3 prescribes the filing, disclosure § 4062.7 of the PBGC’s regulation on 1/1/02 ...... 12/31/02 4.75 and dissemination requirements in Liability for Termination of Single- 1/1/03 ...... 9/30/03 4.25 connection with a going private Employer Plans (29 CFR part 4062) 10/1/03 ...... 9/30/04 4.00 transaction by an issuer or an affiliate. requires that interest be charged or 10/1/04 ...... 12/31/04 4.50 Schedule 13E–3 provides shareholders credited at the section 6601 rate on 1/1/05 ...... 3/31/05 5.25 and the marketplace with information underpayments and overpayments of 4/1/05 ...... 6/30/05 5.50 concerning going private transactions employer liability under section 4062 of 7/1/05 ...... 9/30/05 6.00 that is important in determining how to ERISA. The section 6601 rate is 10/1/05 ...... 12/31/05 6.50 respond to such transactions. The established periodically (currently 1/1/06 ...... 3/31/06 7.25 information collected permits quarterly) by the Internal Revenue 4/1/06 ...... 6/30/06 7.50 verification of compliance with Service. The rate applicable to the 7/1/06 ...... 9/30/06 8.00 securities laws requirements and fourth quarter (October through 10/1/06 ...... 12/31/07 8.25 ensures the public availability and December) of 2007, as announced by the dissemination of the collected IRS, is 8 percent. Multiemployer Plan Valuations information. This information is made The following table lists the late Following Mass Withdrawal available to the public. Information payment interest rates for premiums and provided on Schedule 13E–3 is employer liability for the specified time The PBGC’s regulation on Duties of mandatory. We estimate that Schedule periods: Plan Sponsor Following Mass 13E–3 is filed by approximately 600 Withdrawal (29 CFR part 4281) issuers annually and it takes From— Through— Interest rate prescribes the use of interest approximately 137.25 hours per (percent) assumptions under the PBGC’s response. We estimate that 25% of the 7/1/01 ...... 12/31/01 7 regulation on Allocation of Assets in 137.25 hours per response is prepared 1/1/02 ...... 12/31/02 6 Single-Employer Plans (29 CFR part by the filer for a total annual reporting 1/1/03 ...... 9/30/03 5 4044). The interest assumptions burden of 20,588 hours. 10/1/03 ...... 3/31/04 4 applicable to valuation dates in An agency may not conduct or 4/1/04 ...... 6/30/04 5 November 2007 under part 4044 are sponsor, and a person is not required to 7/1/04 ...... 9/30/04 4 respond to, a collection of information 10/1/04 ...... 3/31/05 5 contained in an amendment to part 4044 published elsewhere in today’s Federal unless it displays a currently valid 4/1/05 ...... 9/30/05 6 control number. Register. Tables showing the 10/1/05 ...... 6/30/06 7 Written comments regarding the 7/1/06 ...... 12/31/07 8 assumptions applicable to prior periods above information should be directed to are codified in appendix B to 29 CFR the following persons: (i) Desk Officer Underpayments and Overpayments of part 4044. for the Securities and Exchange Multiemployer Withdrawal Liability Issued in Washington, DC, on this 10th day Commission, Office of Information and Section 4219.32(b) of the PBGC’s of October 2007. Regulatory Affairs, Office of regulation on Notice, Collection, and Vincent K. Snowbarger, Management and Budget, Room 10102, Redetermination of Withdrawal Deputy Director, Pension Benefit Guaranty New Executive Office Building, Liability (29 CFR part 4219) specifies Corporation. Washington, DC 20503 or send an e- the rate at which a multiemployer plan [FR Doc. E7–20268 Filed 10–12–07; 8:45 am] mail to: is to charge or credit interest on [email protected].; and underpayments and overpayments of BILLING CODE 7709–01–P (ii) R. Corey Booth, Director/Chief withdrawal liability under section 4219 Information Officer, Securities and

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Exchange Commission, C/O Shirley SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Martinson, 6432 General Green Way, COMMISSION Statement of the Purpose of, and Alexandria, VA 22312; or send an e- Statutory Basis for, the Proposed Rule mail to: [email protected]. [Release No. 34–56631; File No. CBOE– Change Comments must be submitted to OMB 2007–99] within 30 days of this notice. 1. Purpose Self-Regulatory Organizations; Dated: October 4, 2007. All options traded on the Exchange Chicago Board Options Exchange, Nancy M. Morris, are subject to position and exercise Incorporated; Notice of Filing of Secretary. limits, as provided under CBOE Rules Proposed Rule Change, as Modified by 4.11 and 4.12.4 Position limits are [FR Doc. E7–20215 Filed 10–12–07; 8:45 am] Amendment No. 1, Relating to a Delta BILLING CODE 8011–01–P imposed, generally, to maintain fair and Hedging Exemption From Equity orderly markets for options and other Options Position Limits securities by limiting the amount of control one or more affiliated persons or SECURITIES AND EXCHANGE October 9, 2007. COMMISSION entities may have over one particular Pursuant to section 19(b)(1) of the options class or the security or Sunshine Act Meeting Securities Exchange Act of 1934 securities that underlie that options (‘‘Act’’),1 and Rule 19b–4 thereunder,2 class. Exchange rules also contain Federal Register Citation of Previous notice is hereby given that on August various hedge exemptions to allow Announcement: [72 FR 57615, October 21, 2007, the Chicago Board Options certain hedged positions in excess of the 10, 2007]. Exchange, Incorporated (‘‘CBOE’’ or applicable standard position limit.5 Status: Closed Meeting. ‘‘Exchange’’) filed with the Securities Over the years, CBOE has increased Place: 100 F Street, NE., Washington, and Exchange Commission the size of options position and exercise DC. (‘‘Commission’’) a proposed rule change limits, as well as the size and scope of Announcement of Additional as described in Items I, II, and III below, available hedge exemptions to the Meeting: Additional Meeting (Week of which Items have been prepared applicable position limits.6 These hedge October 9, 2007). substantially by the CBOE. The exemptions generally require a one-to- The Commission has scheduled a Exchange filed Amendment No. 1 to the one hedge (i.e., one stock option Closed Meeting for Wednesday, October proposal on October 4, 2007.3 The contract must be hedged by the number 10, 2007 at 4:30 p.m. Commission is publishing this notice to of shares underlying the options Commissioners, the Secretary to the solicit comments on the proposed rule contract, typically 100 shares). In Commission, and the General Counsel change, as modified by Amendment No. practice, however, many firms do not of the Commission will attend the 1, from interested persons. hedge their options positions in this Closed Meeting. Certain staff members manner. Instead, these firms engage in who have an interest in the matters may I. Self-Regulatory Organization’s what is commonly known as ‘‘delta also be present. Statement of the Terms of Substance of hedging.’’ Delta hedging varies the The General Counsel of the the Proposed Rule Change number of shares of the underlying Commission, or his designee, has The Exchange proposes to create a security used to hedge an options certified that, in his opinion, exemption delta hedging exemption from equity position based upon the relative 5 U.S.C. 552b(c)(5), (7), (9)(ii) and (10) sensitivity of the value of the option options position limits. The text of the and 17 CFR 200.402(a)(5), (7), (9)(ii) and contract to a change in the price of the proposed rule change is available at (10) permit consideration of the underlying security.7 Delta hedging is a CBOE, the Commission’s Public scheduled matter at the Closed Meeting. widely accepted method for risk Commissioner Atkins, as duty officer, Reference Room, and http:// management. www.cboe.com/legal. voted to consider the item listed for the Delta Neutral-Based Equity Hedge closed meeting in closed session, and II. Self-Regulatory Organization’s Exemption. The Exchange proposes to determined that no earlier notice thereof Statement of the Purpose of, and adopt a new exemption from equity was possible. Statutory Basis for, the Proposed Rule options position and exercise limits 8 for The subject matter of the Closed Change positions held by CBOE members and Meeting scheduled for Wednesday, certain of their affiliates that are ‘‘delta October 10, 2007 will be: In its filing with the Commission, Institution and settlement of CBOE included statements concerning 4 Position limits for index options are provided injunctive actions. the purpose of, and basis for, the separately under CBOE Rules 24.4, 24.4A, and proposed rule change and discussed any 24.4B. At times, changes in Commission 5 priorities require alterations in the comments it received on the proposed See Interpretation and Policy .04 to Rule 4.11. 6 See, e.g., Securities Exchange Act Release No. scheduling of meeting items. For further rule change. The text of these statements 55176 (January 25, 2007), 72 FR 4741 (February 1, information and to ascertain what, if may be examined at the places specified 2007) (SR–CBOE–2007–08); Securities Exchange any, matters have been added, deleted in Item IV below. CBOE has prepared Act Release No. 51244 (February 23, 2005), 70 FR or postponed, please contact: summaries, set forth in sections A, B, 10010 (March 1, 2005) (SR–CBOE–2003–30); and Securities Exchange Act Release No. 45603 (March The Office of the Secretary at (202) and C below, of the most significant 20, 2002), 67 FR 14751 (March 27, 2002) (SR– 551–5400. aspects of such statements. CBOE–00–12). 7 To illustrate, a stock option contract with a delta Dated: October 10, 2007. of .5 will move $0.50 for every $1.00 move in the 1 15 U.S.C. 78s(b)(1). Nancy M. Morris, underlying stock. 2 17 CFR 240.19b–4. Secretary. 8 Rule 4.12 establishes exercise limits for an 3 Amendment No. 1 replaces and supersedes the option at the same level as the option’s position [FR Doc. E7–20281 Filed 10–12–07; 8:45 am] previously filed proposed rule change in its limit under Rule 4.11; therefore, no changes are BILLING CODE 8011–01–P entirety. proposed to Rule 4.12.

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neutral’’ 9 under a ‘‘permitted pricing financial holding company (‘‘FHC’’) or a relationship, as defined in Rule 4.11.03, model’’ (as defined below), subject to company treated as an FHC under the exists between such affiliates or trading certain conditions (‘‘Exemption’’). The Bank Holding Company Act of 1956, or units, and (ii) the entity has provided proposed Exemption would apply only its affiliate subject to consolidated the Exchange written notice in advance to equity options (stock options and holding company group supervision; 12 that it intends to be considered separate options on exchange-traded funds (iii) a Commission-registered OTC and distinct from any affiliate, or, as (‘‘ETFs’’)).10 derivatives dealer; 13 and (iv) a national applicable, which trading units within Any equity option position that is not bank.14 the entity are to be considered separate delta neutral would be subject to Aggregation of Accounts. Members and distinct from each other for position and exercise limits, subject to and non-member affiliates relying on purposes of the Exemption.15 the availability of other exemptions. the Exemption would be required to The Exchange has set forth in Only the ‘‘option contract equivalent of ensure that the permitted pricing model Regulatory Circular RG04–45 the net delta’’ of such position would be is applied to all positions in or relating (‘‘Aggregation Circular’’) the conditions subject to the appropriate position to the security underlying the relevant under which it will deem no control limit.11 options position that are owned or relationship to exist between affiliated Only financial instruments relating to controlled by the member, or its broker-dealers and between separate the security underlying an equity affiliates. and distinct trading units within the options position could be included in However, the net delta of an options same broker-dealer. The Exchange any determination of an equity options position held by an entity entitled to proposes to amend the Aggregation position’s net delta or whether the rely on the Exemption, or by a separate Circular to include affiliated entities, options position is delta neutral. In and distinct trading unit of such entity, not only affiliated broker-dealers as in addition, members could not use the may be calculated without regard to the current version. same equity or other financial positions in or relating to the security Any member or non-member affiliate instrument position in connection with underlying the option position held by relying on the Exemption must more than one hedge exemption. an affiliated entity or by another trading designate, by prior written notice to the Therefore, a stock position used as part unit within the same entity, provided Exchange, each trading unit or entity of a delta hedging strategy could not that: (i) The entity demonstrates to the whose options positions are required by also serve as the basis for any other Exchange’s satisfaction that no control Exchange rules to be aggregated with the equity hedge exemption. options positions of such member or Permitted Pricing Model. Under the 12 The pricing model of an FHC or of an affiliate non-member affiliate relying on the proposed rule, the calculation of the of an FHC would have to be consistent with: (i) The requirements of the Board of Governors of the Exemption for purposes of compliance delta for any equity option position, and with Exchange position or exercise the determination of whether a Federal Reserve System (‘‘FRB’’), as amended from time to time, in connection with the calculation of limits.16 particular equity option position is delta risk-based adjustments to capital for market risk Obligations of Members and neutral, must be made using a permitted under capital requirements of the FRB, provided that the member or affiliate of a member relying on Affiliates. Any member relying on the pricing model. A ‘‘permitted pricing Exemption would be required to model’’ is defined in proposed Rule this exemption in connection with the use of such model is an entity that is part of such company’s provide a written certification to the 4.11.04(c)(C) to mean the pricing model consolidated supervised holding company group; or Exchange that it is using a permitted maintained and operated by The (ii) the standards published by the Basel Committee on Banking Supervision, as amended from time to pricing model as defined in the rule for Options Clearing Corporation (‘‘OCC’’) purposes of the Exemption. In addition, and the pricing models used by (i) A time and as implemented by such company’s principal regulator, in connection with the by such reliance, such member would member or its affiliate subject to calculation of risk-based deductions or adjustments authorize any other person carrying for consolidated supervision by the to or allowances for the market risk capital requirements of such principal regulator applicable such member an account including, or Commission pursuant to Appendix E of with whom such member has entered Rule 15c3–1 under the Act; (ii) a to such company—where ‘‘principal regulator’’ means a member of the Basel Committee on into, a position in or relating to a Banking Supervision that is the home country security underlying the relevant option 9 The term ‘‘delta neutral’’ is defined in proposed consolidated supervisor of such company— Rule 4.11.04(c)(A) as referring to an equity option provided that the member or affiliate of a member position to provide to the Exchange or position that is hedged, in accordance with a relying on this exemption in connection with the OCC such information regarding such permitted pricing model, by a position in the use of such model is an entity that is part of such account or position as the Exchange or underlying security or one or more instruments company’s consolidated supervised holding OCC may request as part of the relating to the underlying security, for the purpose company group. See subparagraph (C)(3) of of offsetting the risk that the value of the option proposed Rule 4.11.04(c). Exchange’s confirmation or verification position will change with incremental changes in 13 The pricing model of a Commission-registered of the accuracy of any net delta the price of the security underlying the option OTC derivatives dealer would have to be consistent calculation under this Exemption.17 position. with the requirements of Appendix F to Rules The options positions of a non- 10 The Exchange intends to submit a separate 15c3–1 and 15c3–4 under the Act, as amended from member affiliate relying on the proposed rule change to adopt a delta neutral-based time to time, in connection with the calculation of hedge exemption for certain index options and to risk-based deductions from capital for market risk Exemption must be carried by a member expand the delta neutral-based hedge exemption for thereunder. Only an OTC derivatives dealer and no with which it is affiliated. A member ETF options to allow highly correlated instruments other affiliated entity (including a member) would carrying an account that includes an to be included in any ETF option net delta be able to rely on this part of the Exemption. See equity option position for a non-member calculation. subparagraph (C)(4) of proposed Rule 4.11.04(c). 11 Under proposed Rule 4.11.04(c)(B), the term 14 The pricing model of a national bank would affiliate that intends to rely on the ‘‘options contract equivalent of the net delta’’ is have to be consistent with the requirements of the Exemption would be required to obtain defined as the net delta divided by the number of Office of the Comptroller of the Currency, as from such non-member affiliate a shares underlying the option contract, and the term amended from time to time, in connection with the written certification that it is using a ‘‘net delta’’ is defined as, at any time, the number calculation of risk-based adjustments to capital for of shares (either long or short) required to offset the market risk under capital requirements of the Office risk that the value of an equity option position will of the Comptroller of the Currency. Only a national 15 See subparagraph (D) of proposed Rule change with incremental changes in the price of the bank and no other affiliated entity (including a 4.11.04(c). security underlying the option position, as member) would be able to rely on this part of the 16 See proposed Rule 4.11.04(c)(D)(3). determined in accordance with a permitted pricing Exemption. See subparagraph (C)(5) of proposed 17 See subparagraph (E) of proposed Rule model. Rule 4.11.04(c). 4.11.04(c).

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permitted pricing model as defined in have been approved by the Commission, III. Date of Effectiveness of the the rule for purposes of the the FRB or another federal financial Proposed Rule Change and Timing for Exemption.18 regulator. In adopting the proposed Commission Action Reporting. Under proposed Rule Exemption the Exchange would be Within 35 days of the date of 4.11.04(c)(F), each member relying on relying upon the rigorous approval publication of this notice in the Federal the Exemption would be required to processes and ongoing oversight of a 19 Register or within such longer period (i) report, in accordance with Rule 4.13, federal financial regulator. The As the Commission may designate up to (i) All equity option positions Exchange notes that it would not be 90 days of such date if it finds such (including those that are delta neutral) under any obligation to verify whether longer period to be appropriate and that are reportable thereunder, and (ii) a member’s or its affiliate’s use of a publishes its reasons for so finding or on its own behalf or on behalf of a proprietary pricing model is appropriate (ii) as to which CBOE consents, the designated aggregation unit pursuant to or yielding accurate results. Commission will: Rule 4.11.04(c)(D), for each such (A) By order approve such proposed account that holds an equity option CBOE will announce the effective date of the proposed rule change in a rule change, or position subject to the Exemption in (B) Institute proceedings to determine excess of the levels specified in Rule regulatory circular to be published no later than 60 days after Commission whether the proposed rule change 4.11, the net delta and the options should be disapproved. contract equivalent of the net delta of approval. The effective date shall be no such position. later than 30 days after publication of IV. Solicitation of Comments the regulatory circular. The Exchange and other self- Interested persons are invited to regulatory organizations are working on 2. Statutory Basis submit written data, views, and modifying the Large Options Position arguments concerning the foregoing, Report system and/or OCC reports to The Exchange believes that its including whether the proposed rule allow a member to indicate that an proposal is consistent with section 6(b) change is consistent with the Act. equity options position is delta neutral. of the Act,21 in general, and furthers the Comments may be submitted by any of Records. Under proposed Rule objectives of section 6(b)(5) of the Act,22 the following methods: 4.11.04(c)(G), each member relying on in particular, in that it is designed in the Exemption would be required to (i) particular, in that it is designed to Electronic Comments Retain, and would be required to prevent fraudulent and manipulative • Use the Commission’s Internet undertake reasonable efforts to ensure acts and practices, promote just and comment form (http://www.sec.gov/ that any non-member affiliate of the equitable principles of trade, remove rules/sro.shtml); or member relying on the exemption impediments to and perfect the • Send an e-mail to rule- retains, a list of the options, securities mechanism of a free and open market [email protected]. Please include File and other instruments underlying each and a national market system, and, in Number SR–CBOE–2007–99 on the options position net delta calculation general, to protect investors and the subject line. reported to the Exchange hereunder, public interest. The Exchange believes Paper Comments and (ii) produce such information to the the proposed delta neutral-based hedge Exchange upon request.20 exemption from equity options position • Send paper comments in triplicate Reliance on Federal Oversight. As and exercise limits is appropriate in that to Nancy M. Morris, Secretary, provided under proposed Rule it is based on a widely accepted risk Securities and Exchange Commission, 4.11.04(c)(C), a permitted pricing model management method used in options 100 F Street, NE., Washington, DC includes proprietary pricing models trading. Also, the Commission has 20549–1090. used by members and affiliates that previously stated its support for All submissions should refer to File recognizing options positions hedged on Number SR–CBOE–2007–99. This file 18 In addition, the member would be required to obtain from such non-member affiliate a written a delta neutral basis as properly number should be included on the 23 statement confirming that such non-member exempted from position limits. subject line if e-mail is used. To help the affiliate: (a) Is relying on the Exemption; (b) will use Commission process and review your only a permitted pricing model for purposes of B. Self-Regulatory Organization’s comments more efficiently, please use calculating the net delta of its option positions for Statement on Burden on Competition purposes of the Exemption; (c) will promptly notify only one method. The Commission will the member if it ceases to rely on the Exemption; The Exchange believes that the post all comments on the Commission’s (d) authorizes the member to provide to the proposed rule change will not impose Internet Web site (http://www.sec.gov/ Exchange or the OCC such information regarding rules/sro.shtml). Copies of the positions of the non-member affiliate as the any burden on competition not Exchange or OCC may request as part of the necessary or appropriate in furtherance submission, all subsequent Exchange’s confirmation or verification of the of the purposes of the Act. amendments, all written statements accuracy of any net delta calculation under the with respect to the proposed rule Exemption; and (e) if the non-member affiliate is C. Self-Regulatory Organization’s change that are filed with the using the OCC Model, has duly executed and Statement on Comments on the delivered to the Exchange such documents as the Commission, and all written Exchange may require to be executed and delivered Proposed Rule Change Received From communications relating to the to the Exchange as a condition to reliance on the Members, Participants, or Others proposed rule change between the Exemption. See subparagraph (E)(3) of proposed Commission and any person, other than Rule 4.11.04(c). No written comments were either those that may be withheld from the 19 Exchange Rule 4.13 requires, among other solicited or received. things, that members report to the Exchange public in accordance with the aggregate long or short positions on the same side provisions of 5 U.S.C. 552, will be of the market of 200 or more contracts of any single 21 15 U.S.C. 78f(b). available for inspection and copying in class of options contracts dealt in on the Exchange. 22 15 U.S.C. 78f(b)(5). the Commission’s Public Reference 20 A member would be authorized to report 23 See Securities Exchange Act Release No. 40594 position information of its non-member affiliate (October 23, 1998), 63 FR 59362, 59380 (November Room, 100 F Street, NE., Washington, pursuant to the written statement required under 3, 1998) (S7–30–97) (adopting rules relating to OTC DC 20549, on official business days proposed Rule 4.11.04(c)(E)(3)(ii)(d). Derivatives Dealers). between the hours of 10 a.m. and 3 p.m.

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Copies of the filing also will be available I. Self-Regulatory Organization’s Exchange seeks to amend the definition for inspection and copying at the Statement of the Terms of Substance of of a Crowd.6 principal office of the CBOE. All the Proposed Rule Change The Exchange is currently in the comments received will be posted process of consolidating its Floor without change; the Commission does The NYSE proposes to amend operations.7 At present, the Exchange Exchange Rule 70.30 to define the not edit personal identifying operates four rooms that make up the Crowd as the rooms on the Exchange information from submissions. You Floor (i.e., the Main Room, the Garage, Trading Floor (‘‘Floor’’) that contain 8 should submit only information that the Blue Room, and the EBR). The active posts/panels where Floor brokers trading floor consolidation plan calls for you wish to make available publicly. All are able to conduct business. The text of the closing of the Blue Room and the submissions should refer to File the proposed rule change is available at EBR. The specialist firms and the floor Number SR–CBOE–2007–99 and should the Exchange, on the Exchange’s Web brokerage firms that currently occupy be submitted on or before November 5, site at http://www.nyse.com, and at the the Blue Room and the EBR will be 2007. Commission’s Public Reference Room. relocated to the Main Room and the Garage. This consolidation will For the Commission, by the Division of II. Self-Regulatory Organization’s significantly reduce the physical area Market Regulation, pursuant to delegated Statement of the Purpose of, and 24 where Floor brokers will be conducting authority. Statutory Basis for, the Proposed Rule Nancy M. Morris, business. Change It is anticipated that the consolidation Secretary. of the Exchange’s Floor operation will [FR Doc. E7–20216 Filed 10–12–07; 8:45 am] In its filing with the Commission, the Exchange included statements be accomplished by first moving the BILLING CODE 8011–01–P concerning the purpose of, and basis for, posts/panels located in the EBR and the the proposed rule change and discussed Blue Room to new locations in the Main any comments it received on the Room and the Garage. Until the SECURITIES AND EXCHANGE relocation of the posts/panels from the COMMISSION proposed rule change. The text of these statements may be examined at the EBR and Blue Room is complete, Floor places specified in Item IV below. The broker booths will remain in the EBR [Release No. 34–56621; File No. SR–NYSE– Exchange has prepared summaries, set and the Blue Room. Upon completion of 2007–94] forth in Sections A, B, and C below, of the relocation of the posts/panels in the the most significant aspects of such EBR and the Blue Room, the Exchange Self-Regulatory Organizations; New statements. will commence moving Floor broker York Stock Exchange LLC; Notice of booths located in the EBR and the Blue Filing and Immediate Effectiveness of A. Self-Regulatory Organization’s Room into new locations in the Main Proposed Rule Change and Statement of the Purpose of, and Room and the Garage. During this Amendment No. 1 Thereto To Amend Statutory Basis for, the Proposed Rule transition period, to end no later than NYSE Rule 70.30 Relating to the Change December 15, 2007, Floor brokers will Definition of a Crowd be considered part of the Crowd and 1. Purpose permitted to electronically represent October 5, 2007. Through this filing, NYSE proposes to orders from the EBR and the Blue Room. The Exchange believes that the Pursuant to Section 19(b)(1) of the amend Exchange Rule 70.30, which sets reduction of the physical areas that Securities Exchange Act of 1934 forth the definition of a Crowd. The constitute the Floor and the increase of (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Exchange seeks to define the Crowd as electronic trading warrant amending the the rooms on the Floor that contain notice is hereby given that on definition of the Crowd. As such, NYSE active posts/panels where Floor brokers September 28, 2007, the New York proposes to amend Exchange Rule 70.30 are able to conduct business. Stock Exchange LLC (‘‘NYSE’’ or to define the Crowd as the rooms on the ‘‘Exchange’’) filed with the Securities Currently, a Crowd is defined as one Floor that contain active posts/panels and Exchange Commission of the three trading zones located on the where Floor brokers are able to conduct (‘‘Commission’’) the proposed rule Floor where Floor brokers are able to business. The Exchange submits that the change as described in Items I and II conduct business at each post/panel proposed amendment to the Rule below, which Items have been within the Crowd.5 The Main Room and accurately identifies the areas where the substantially prepared by the NYSE. On Garage each constitute a separate essential interaction among Floor October 4, 2007, the Exchange filed Crowd. The third Crowd consists of the participants and between Floor brokers Amendment No. 1 to the proposed rule current Blue Room and the Extended and orders in the Display Book System change. The Exchange filed the proposal Blue Room (‘‘EBR’’). It was believed that occur. Accordingly, pursuant to the pursuant to Section 19(b)(3)(A) of the defining the Crowd in this manner best proposal, a Floor broker will be Act 3 and Rule 19b–4(f)(6) thereunder,4 facilitated the essential interaction considered to be in the Crowd when he which renders the proposal effective among Floor participants and between or she is physically present in one of the upon filing with the Commission. The Floor brokers and orders in the Display aforementioned rooms.  Commission is publishing this notice to Book System. solicit comments on the proposed rule As the Exchange has gained 6 Telephone conversation on October 4, 2007, between Deanna Logan, Director, Office of the change, as amended, from interested experience operating its Hybrid Market, General Counsel, Exchange, and David Liu, persons. certain practical considerations make it Assistant Director, Division of Market Regulation, necessary for the Exchange to modify its Commission. 7 The Exchange states that it anticipates that the 24 rules. Based on its experience, the 17 CFR 200.30–3(a)(12). consolidation of the Floor will be completed no 1 15 U.S.C. 78s(b)(1). later than November 2007. 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 55316 8 In February 2007, the Exchange closed the 3 15 U.S.C. 78s(b)(3)(A). (February 20, 2007), 72 FR 8825 (February 27, 2007) operation of a fifth trading room located at 30 Broad 4 17 CFR 240.19b–4(f)(6). (SR–NYSE–2007–14). Street.

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2. Statutory Basis requested that the Commission waive rules/sro.shtml). Copies of the The Exchange believes that the the 30-day operative delay. submission, all subsequent proposed rule change is consistent with The Commission believes that amendments, all written statements Section 6(b) of the Act 9 in general, and waiving the 30-day operative delay is with respect to the proposed rule with Section 6(b)(5) of the Act 10 in consistent with the protection of change that are filed with the particular, in that it is designed to investors and the public interest. Commission, and all written Specifically, the Commission believes prevent fraudulent and manipulative communications relating to the that, given the Exchange’s plan to acts and practices, to promote just and proposed rule change between the consolidate its Floor operations, the equitable principles of trade, to foster Commission and any person, other than proposed rule change would enable cooperation and coordination with those that may be withheld from the Floor brokers to promptly facilitate persons engaged in facilitating public in accordance with the transactions from the physical areas on transactions in securities, to remove provisions of 5 U.S.C. 552, will be the Floor where business will ultimately impediments to and perfect the available for inspection and copying in be conducted. For this reason, the mechanism of a free and open market the Commission’s Public Reference Commission designates the proposed and a national market system. Room, 100 F Street, NE., Washington, rule change to be effective and operative DC 20549, on official business days B. Self-Regulatory Organization’s upon filing with the Commission.14 between the hours of 10 a.m. and 3 p.m. Statement on Burden on Competition At any time within 60 days of the Copies of such filing also will be The Exchange does not believe that filing of such proposed rule change the available for inspection and copying at the proposed rule change will impose Commission may summarily abrogate the principal office of NYSE. All such rule change if it appears to the any burden on competition that is not comments received will be posted Commission that such action is necessary or appropriate in furtherance without change; the Commission does necessary or appropriate in the public of the purposes of the Act. not edit personal identifying interest, for the protection of investors information from submissions. You C. Self-Regulatory Organization’s or otherwise in furtherance of the should submit only information that 15 Statement on Comments on the purposes of the Act. you wish to make available publicly. All Proposed Rule Change Received From IV. Solicitation of Comments submissions should refer to File Members, Participants or Others Interested persons are invited to Number SR–NYSE–2007–94 and should The Exchange has neither solicited submit written data, views, and be submitted on or before November 5, nor received written comments on the arguments concerning the foregoing, 2007. proposed rule change. including whether the proposed rule For the Commission, by the Division of III. Date of Effectiveness of the change is consistent with the Act. Market Regulation, pursuant to delegated Proposed Rule Change and Timing for Comments may be submitted by any of authority.16 Commission Action the following methods: Nancy M. Morris, Secretary. Because the forgoing rule change does Electronic Comments [FR Doc. E7–20214 Filed 10–12–07; 8:45 am] not: (1) Significantly affect the • Use the Commission’s Internet BILLING CODE 8011–01–P protection of investors or the public comment form (http://www.sec.gov/ interest; (2) impose any significant rules/sro.shtml); or burden on competition; and (3) become • Send an e-mail to rule- UNITED STATES SENTENCING operative for 30 days after the date of [email protected]. Please include File COMMISSION this filing, or such shorter time as the Number SR–NYSE–2007–94 on the Commission may designate, it has subject line. become effective pursuant to Section Sentencing Guidelines for United 19(b)(3)(A) of the Act 11 and Rule 19b– Paper Comments States Courts 12 4(f)(6) thereunder. As required under • Send paper comments in triplicate AGENCY: United States Sentencing Rule 19b–4(f)(6)(iii),13 the Exchange to Nancy M. Morris, Secretary, Commission. provided the Commission with written Securities and Exchange Commission, ACTION: Notice of public hearing. notice of its intent to file the proposed 100 F Street, NE., Washington, DC rule change, along with a brief 20549–1090. SUMMARY: The Commission has description and text of the proposed All submissions should refer to File scheduled a public hearing regarding rule change, at least five business days Number SR–NYSE–2007–94. This file whether Amendment 9 pertaining to prior to the date of filing of the number should be included on the offenses involving cocaine base proposed rule change, or such shorter subject line if e-mail is used. To help the (‘‘crack’’) and Amendment 12 pertaining time as designated by the Commission. Commission process and review your to certain criminal history rules, see 72 A proposed rule change filed under comments more efficiently, please use FR 28558 (May 21, 2007); 72 FR 51882 19b–4(f)(6) normally may not become only one method. The Commission will (September 11, 2007), should be applied operative prior to 30 days after the date post all comments on the Commission’s retroactively to previously sentenced of filing. However, Rule 19b–4(f)(6)(iii) Internet Web site (http://www.sec.gov/ defendants. permits the Commission to designate a DATES: The Commission has scheduled shorter time if such action is consistent 14 For the purposes only of waiving the 30-day a public hearing for November 13, 2007. with the protection of investors and the operative delay, the Commission has considered the public interest. The Exchange has proposed rule’s impact on efficiency, competition, Requests to testify should be received by and capital formation. See 15 U.S.C. 78c(f). the Commission not later than October 15 For purposes of calculating the 60-day period 9 15 U.S.C. 78(f)(b). 29, 2007. Written testimony for the within which the Commission may summarily 10 public hearing must be received by the 15 U.S.C. 78(f)(b)(5). abrogate the proposed rule change, the Commission 11 15 U.S.C. 78s(b)(3)(A). considers the period to commence on October 4, Commission not later than November 5, 12 17 CFR 240.19b–4(f)(6). 2007, the date on which the Exchange filed 13 17 CFR 240.19b–4(f)(6)(iii). Amendment No. 1. 16 17 CFR 200.30–3(a)(12).

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2007. The Commission requests that, to SOCIAL SECURITY ADMINISTRATION to schedule a time slot. Members of the the extent practicable, written testimony public must schedule a time slot in [Docket No. SSA–2007–0078] be submitted electronically to order to comment. In the event public [email protected] with a subject of The Ticket To Work and Work comments do not take the entire ‘‘Public Hearing Testimony’’. The Incentives Advisory Panel Meeting scheduled time period, the Panel may hearing will be held at Georgetown use that time to deliberate or conduct University Law Center, Gerwirz Student AGENCY: Social Security Administration other Panel business. Each individual Center, Twelfth Floor Conference Room, (SSA). providing public comment will be 120 F Street, NW., Washington, DC at ACTION: Notice of Quarterly Meeting. acknowledged by the Chair in the order 9:30 a.m. in which they are scheduled to testify DATES: October 31, 2007—9 a.m. to 5 and is limited to a maximum five- ADDRESSES: Send testimony via p.m. minute, verbal presentation. electronic mail to: [email protected], November 1, 2007—9 a.m. to 5 p.m. Full written testimony on the with a subject of ‘‘Public Hearing ADDRESSES: Sheraton Crystal City Hotel, Implementation of the Ticket to Work Testimony’’. Testimony may also be and Work Incentives Program, no longer sent to: United States Sentencing 1800 Jefferson Davis Highway, Arlington, VA 22202. than five (5) pages, may be submitted in Commission, One Columbus Circle, NE., person or by mail, fax or e-mail on an Suite 2–500, South Lobby, Washington, Phone: 703–486–1111. SUPPLEMENTARY INFORMATION: ongoing basis to the Panel for DC 20002–8002, Attention: Public consideration. Affairs. Type of meeting: On October 31, and November 1, 2007 the Ticket to Work Since seating may be limited, persons FOR FURTHER INFORMATION CONTACT: and Work Incentives Advisory Panel interested in providing testimony at the Michael Courlander, Public Affairs (the ‘‘Panel’’) will hold a quarterly meeting should contact the Panel staff Officer, Telephone: (202) 502–4590. meeting open to the public. by e-mailing Ms. Debra Tidwell-Peters, Purpose: In accordance with section at [email protected] or by SUPPLEMENTARY INFORMATION: Section 10(a)(2) of the Federal Advisory calling (202) 358–6126. 3582(c)(2) of title 18, United States Committee Act, the Social Security Contact Information: Records are kept Code, provides that’’ ‘‘in the case of a Administration (SSA) announces a of all proceedings and will be available defendant who has been sentenced to a meeting of the Ticket to Work and Work for public inspection by appointment at term of imprisonment based on a Incentives Advisory Panel. Section the Panel office. Anyone requiring sentencing range that has subsequently 101(f) of Public Law 106–170 information regarding the Panel should been lowered by the Sentencing establishes the Panel to advise the contact the staff by: Commission pursuant to 28 U.S.C. • Mail addressed to the Social President, the Congress, and the 994(o), upon motion of the defendant or Security Administration, Ticket to Work Commissioner of SSA on issues related the Director of the Bureau of Prisons, or and Work Incentives Advisory Panel to work incentive programs, planning, on its own motion, the court may reduce Staff, 400 Virginia Avenue, SW., Suite and assistance for individuals with the term of imprisonment, after 700, Washington, DC 20024. disabilities as provided under section considering the factors set forth in • Telephone contact with Debra 101(f)(2)(A) of the TWWIA. The Panel is section 3553(a) to the extent that they Tidwell Peters at (202) 358–6126. also to advise the Commissioner on are applicable, if such a reduction is • Fax at (202) 358–6440. matters specified in section 101(f)(2)(B) consistent with applicable policy • E-mail to [email protected]. of that Act, including certain issues statements issued by the Sentencing related to the Ticket to Work and Self- Dated: October 2, 2007. Commission.’’ The Commission lists in Sufficiency Program established under Chris Silanskis, § 1B1.10(c) the specific guideline section 101(a) of that Act. Designated Federal Officer. amendments that the court may apply Interested parties are invited to attend [FR Doc. E7–20245 Filed 10–12–07; 8:45 am] retroactively under 18 U.S.C. 3582(c)(2). the meeting. The Panel will use the BILLING CODE 4191–02–P The background commentary to meeting time to receive briefings and § 1B1.10 lists the purpose of the presentations on matters of interest, amendment, the magnitude of the conduct full Panel deliberations on the DEPARTMENT OF STATE change in the guideline range made by implementation of the Act and receive the amendment, and the difficulty of public testimony. [Public Notice 5958] applying the amendment retroactively The Panel will meet in person Culturally Significant Objects Imported to determine an amended guideline commencing on Wednesday October 31, range under § 1B1.10(b) as among the for Exhibition Determinations: ‘‘Lucien 2007, from 9 a.m. until 5 p.m. The Freud: The Painter’s Etchings’’ factors the Commission considers in quarterly meeting will continue on selecting the amendments included in Thursday, November 1, 2007, from 9 SUMMARY: Notice is hereby given of the § 1B1.10(c). To the extent practicable, a.m. until 5 p.m. following determinations: Pursuant to written testimony should address each Agenda: The full agenda will be the authority vested in me by the Act of of these factors. Data relating to possible posted at least one week before the start October 19, 1965 (79 Stat. 985; 22 U.S.C. retroactivity maybe accessed through of the meeting on the Internet at 2459), Executive Order 12047 of March the Commission’s Web site at http:// http://www.ssa.gov/work/panel/ 27, 1978, the Foreign Affairs Reform and www.ussc.gov. meeting_information/agendas.html, or Restructuring Act of 1998 (112 Stat. Authority: 28 U.S.C. 994(x); USSC Rules of can be received, in advance, 2681, et seq.; 22 U.S.C. 6501 note, et Practice and Procedure, Rule 4.5. electronically or by fax upon request. seq.), Delegation of Authority No. 234 of Public testimony will be heard on October 1, 1999, Delegation of Authority Ricardo H. Hinojosa, Wednesday, October 31 from 11:30 a.m. No. 236 of October 19, 1999, as Chair. to 12 p.m. Individuals interested in amended, and Delegation of Authority [FR Doc. E7–20264 Filed 10–12–07; 8:45 am] providing testimony in person should No. 257 of April 15, 2003 [68 FR 19875], BILLING CODE 2211–01–P contact the Panel staff as outlined below I hereby determine that the objects to be

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included in the exhibition ‘‘Lucien published in the Federal Register; status of related activities in the States. Freud: The Painter’s Etchings,’’ however, we will review all comments We are using the comments we received imported from abroad for temporary submitted to the docket and will modify in response to that notice to develop exhibition within the United States, are the guidance as necessary or regulations on the Real-Time System of cultural significance. The objects are appropriate. Management Information Program. We imported pursuant to loan agreements DATES: Comments must be received on expect to publish our notice of proposed with the foreign owners or custodians. or before February 12, 2008. rulemaking (NPRM) for this program I also determine that the exhibition or shortly. FOR FURTHER INFORMATION CONTACT: display of the exhibit objects at the Our forthcoming NPRM does not James Pol, Office of Transportation Museum of Modern Art, New York, pertain to subsections 1201(b) and Management, (202) 366–4374; or Lisa from on or about December 16, 2007, 1201(c)(2). Subsection 1201(b) of MacPhee, Office of the Chief Counsel, until on or about March 10, 2008, and SAFETEA–LU requires the FHWA to (202) 366–1392, Federal Highway at possible additional exhibitions or ‘‘establish’’ data exchange formats Administration, 1200 New Jersey venues yet to be determined, is in the within 2 years of the enactment of Avenue, SE., Washington, DC 20590. national interest. Public Notice of these SAFETEA–LU, or August 10, 2007. Office hours are from 7:45 a.m. to 4:15 Determinations is ordered to be Subsection 1201(c)(2) requires that p.m., Monday through Friday, except published in the Federal Register. ‘‘States shall incorporate data exchange Federal holidays. FOR FURTHER INFORMATION CONTACT: For formats established by the Secretary SUPPLEMENTARY INFORMATION: further information, including a list of under subsection (b) to ensure that the the exhibit objects, contact Carol B. Electronic Access data provided by highway and transit monitoring systems may be readily Epstein, Attorney-Adviser, Office of the You may submit or retrieve comments Legal Adviser, U.S. Department of State exchanged with State and local online through the U.S. Department of governments and may be made available (telephone: 202/453–8048). The address Transportation’s Document to the traveling public.’’ is U.S. Department of State, SA–44, 301 Management System (DMS) at: http:// Further analysis by the FHWA leads 4th Street, SW., Room 700, Washington, dms.dot.gov/submit. The DMS is to the conclusion that subsections DC 20547–0001. available 24 hours each day, 365 days 1201(a)(1) and 1201(a)(2) do not Dated: October 5, 2007. each year. Electronic submission and specifically state that the use of FHWA- C. Miller Crouch, retrieval help and guidelines are identified data exchange formats is a Principal Deputy Assistant Secretary for available under the help section of the requirement for the 1201 programs, but Educational and Cultural Affairs, Department Web site. only that the purpose of the section is of State. An electronic copy of this notice may to meet the larger goals including [FR Doc. E7–20260 Filed 10–12–07; 8:45 am] be downloaded from the Office of the sharing data among the State and local BILLING CODE 4710–05–P Federal Register’s home page at http:// governments and the traveling public. www.archives.gov and the Government Furthermore, subsection 1201(d) makes Printing Office’s Web site at http:// funds eligible to meet the larger goals in DEPARTMENT OF TRANSPORTATION www.access.gpo.gov. 1201(a), but does not specifically Anyone is able to search the mention that 1201(b) data exchange Federal Highway Administration electronic form of all comments formats must be used for an entity to be received into any of our dockets by the eligible to apply Federal funds towards [FHWA Docket No. FHWA–2007–28969] name of the individual submitting the establishing Real-Time System Publication of Interim Guidance on the comment (or signing the comment, if Management Information Programs. Information Sharing Specifications and submitted on behalf of an association, The comments and input received on Data Exchange Formats for the Real- business, labor union, etc.). You may these questions will not affect future Time System Management Information review DOT’s complete Privacy Act rulemaking regarding the Real-Time Program Statement in a Federal Register System Management Information published on April 11, 2000 (70 FR Program as described above. Rather, the AGENCY: Federal Highway 19477), or you may visit http:// comments and input received on these Administration (FHWA), DOT. dms.dot.gov. questions may be used by the FHWA for future guidance development and/or ACTION: Notice of publication of interim Background guidance; request for comments. regulatory changes. We invite the public Section 1201 of SAFETEA–LU to submit comments on this interim SUMMARY: The purpose of this notice is established the Real-Time System guidance. We plan to issue final to: (1) Announce the publication of Management Information Program to guidance after we have evaluated all the interim guidance; and (2) solicit public provide, in all States, the capability to comments received on this interim comment on the contents of the interim monitor, in real-time, the traffic and guidance. Comments, including those guidance. Section 1201 of the Safe, travel conditions of the major highways from the State DOTs, regarding specific Accountable, Flexible, Efficient of the United States and to share that burdens, impacts, and costs would be Transportation Equity Act: A Legacy for data with State and local governments most welcome and would aid us in Users (SAFETEA–LU) (Pub. L. 109–59, and with the traveling public. On May more fully appreciating the impacts of Aug. 10, 2005) established the Real- 4, 2006, the FHWA published a notice Data Exchange Formats. Time System Management Information in the Federal Register at 71 FR 26399 —What guidance would facilitate the Program to make traffic and travel outlining some proposed preliminary application of data exchange formats conditions information available to the program parameters and seeing public in your organization? traveling public and to ease the sharing comments on the proposed description —Does the reference document provide of traffic and travel conditions of the Real-Time System Management adequate detail on the nature of information among public agencies and Information Program, including its interoperability to be attained through private enterprise. This interim outcome goals definitions for various application of the data exchange guidance will be in effect when program parameters, and the current formats?

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—Does your organization make use of and Travel Conditions Information • Basic information for managing and the ATIS–01 Broadcast Traveler among public agencies and private operating the surface transportation Information Market Package defined enterprise. system, excluding control in the National ITS Architecture? The types of information considered • Statewide incident reporting system —What is a reasonable interval between for the Real-time Information Program information publications of new versions of the (RTIP) include but are not limited to • Surface transportation system data exchange formats? • Congestion information, security information —Is there sufficient detail in the • Traffic incidents that block the • Congestion information • ‘‘Functional Area/Requirement roadway, Weather conditions • Roadway weather conditions, • Surface transportation incidents Description?’’ If not, how much • • further requirement description Public transportation service Traveler information A RTIP may be established in each would be required? disruptions, • State to leverage the current and future —Many of the requirements map to Construction activities affecting capabilities of monitoring the traffic and messages that have optional elements. travel conditions, and • Travel times on roadway links. travel conditions of the major highways. Should there be changes to the The information needed for RTIP is The data exchange formats will be used identification of the optional not necessarily available everywhere, for standardized, interoperable elements, which would change the but the interface will be established communication among transportation nature of the message as defined by with the data that is available. The RTIP management systems and the the Standard Development is not concerned with developing the information service providers that Organization? sources of information but with collect that information to disseminate —Does your organization make use of providing a standard interface to obtain to the traveling public. The the ITS Standards that are referenced the information when it does exist. transportation management systems in the data exchange formats? Therefore, the RTIP specifications will could encompass traffic management, —Would independent certification or not address data collection. They will transit management, maintenance and self-certification be more effective for focus on center-to-center exchanges and construction management, and validating the application of the data information that should be made emergency management organizations. exchange formats? available to travelers. In addition, these ITS America’s Interoperability —Do the data exchange formats relate to specifications will address information Subcommittee adopted the following, in the operational practices of your exchanges only and will not include accord with ISO TC 204, as the organization? device control. definition of interoperability: The FHWA also welcomes comments There are two efforts described in ‘‘Interoperability is the ability of and input on the published data Section 1201. One is the establishment systems to provide services and to exchange formats that address areas of of the RTIP in each State per the accept services from other systems and interest that are not necessarily requirements of Section 1201. This to use the services so exchanged to addressed in the questions posed above. information system is to be created in enable them to operate effectively (Authority: Section 1201, Pub. L. 109–59; 23 concert with the updates of regional ITS together.’’ In examining systems for U.S.C. 315; 23 U.S.C. 120; 49 CFR 1.48.) architectures as they are maintained. interoperability, it is useful to Two is the establishment of data distinguish two degrees of Issued on: October 5, 2007. exchange formats to facilitate the interoperability, ‘‘pair-wise’’ and ‘‘end- J. Richard Capka, exchange of information. to-end’’ interoperability. Pair-wise Administrator, Federal Highway These data exchange formats will interoperability involves verifying that Administration. leverage existing ITS standards to the two systems are able to exchange data Real-Time Information Program: greatest extent possible. and that the data has the same meaning Information Sharing Specifications and This document establishes three to each system and leads to the expected Data Exchange Format Reference components to ease the exchange of functionality. ‘‘End-to-end’’ Document Traffic and Travel Conditions interoperability involves verifying that Information: the flow and use of data are consistent Prepared for U.S. Department of • A Concept of Operations to define from initial input to final outcome. The Transportation, Federal Highway the entire RTIP scope, Administration (FHWA) & Research and • RTIP is primarily focused on the ‘‘pair- A set of functional specifications to wise’’ interoperability with the Innovative Technology Administration describe a full RTIP, based upon the (RITA) By National ITS Architecture Team specification of common data formats. Version 1.0 Release August, 2007 functional specifications set forth in the The scope of this program will reach National ITS Architecture, all States. While not all State or local Background • An ITS Standards reference that organizations collect and disseminate Section 1201 of SAFTEA–LU draws the association between the RTIP the same types of information, establishes the Real-Time System functional specifications and particular standardized formats will be mapped to Management Information Program. The ITS standards. the types of information in use. goals of this program are to improve Concept of Operations Standard data exchange formats will aid security of the surface transportation in the deployment of standard interfaces system, address congestion problems, Scope among surface transportation systems support improved response to weather The RTIP is intended to establish a and information services. The RTIP is events and surface transportation standard data format to exchange traffic focused on center-to-center interfaces incidents, and facilitate national and and travel conditions on major and the current conditions of the surface regional highway traveler information. highways among State and local transportation system. The desired outcomes are to make government systems and the traveling The RTIP is really about Traffic and Travel Conditions public. The real-time traffic and travel implementing interface standards Information available to the traveling information to be exchanged with this consistently across the country and public and to ease the sharing of Traffic format includes facilitating the implementation of data

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collection and dissemination systems to to the public to aid better travel decision information available from the surface provide more of the information needed making. transportation systems, process the by the transportation management Information is available everywhere information, and send it along to the community and the traveling public. in the surface transportation system, traveling public. however, it is not always accessible to The standardized common data Proposed Concept exchange formats reside above the transportation system operators or the traditional 7-Layer ISO OSI traveling public due to the lack of On May 4, 2006, the FHWA published communications stack. The OSI layers standard interfaces. The key to a notice in the Federal Register (71 FR below the Application Layer can vary unlocking this information is to 26399) outlining some proposed depending on the ITS deployment and establish standard data exchange preliminary program parameters and will most likely be Internet (TCP/IP) formats that are implemented seeking public comments on the based. consistently in every State. This would proposed description of the Real-time allow a transportation system utilizing System Management Information Current System or Situation the standard data exchange formats to Program, including its outcome goals, develop an interface to the outside definitions for various program Over the past decade, ITS standards world to gather external information parameters, and the current status of have been developed or are in the latter and make their own information related activities in the States. The stages of development. Traffic available to others who need it without proposed concept described here is management, transit management, and building multiple interfaces for each based upon the proposed preliminary emergency management systems have external system. program parameters. been deployed or are being developed The RTIP is built around standard that use different standardized Justification data exchange formats based on existing interfaces, different versions of the The RTIP is established in SAFETEA– LU in Section 1201. However, the ITS standards. The RTIP will establish standards, or custom (i.e., non- a reference of data exchange formats standardized) interfaces. This leads to justification for this program goes beyond the legislation. The premise of that can be used by State and local potential difficulties in data exchange agencies as well as information service from one system to another. Intelligent Transportation Systems is to connect the islands of information in providers to build interfaces in their Transportation management systems are systems to exchange the real-time traffic increasingly producing congestion- the surface transportation system. Data collected by one agency’s system is and traveler information. An related information but the impact of organization would examine the that information to address congestion often beneficial to a neighboring system or to a traveler information system. This referenced data exchange formats and is diminished because of inefficient data implement an interface to their system sharing practices. does not mean that every system has to be physically connected to all others. that supports the formats. Transportation system operators need Establishing data exchange formats The system would provide the information about incidents, the current make data collected by a system information it has to this interface, not state of the roadway conditions, and available to any organization that a specific system, in the standard data events that are planned in the area of wishes to retrieve it in that same data exchange format. No processing of the operation. Current conditions or issues exchange format. information is required, although some in a neighboring geographic area may Establishment of real-time manipulation may occur to make the affect the local transportation system in information will not happen all at once. information item compatible with the ways both subtle and pronounced. The It needs to be planned by each State and data exchange format. Figure 1 transit operator needs many of the same each transportation system in each State illustrates the concept of the RTIP. The pieces of information to provide the best that operates the major highways. primary focus of the RTIP is the service to their riders. Information Information service providers may establishment of data exchange formats service providers collect the same kind choose to apply these same data to facilitate the exchange of traffic and of information, integrate, and provide it exchange formats to retrieve the travel conditions.

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Not all systems will have all the data transportation incidents, and facilitate traffic management centers and transit identified by the data exchange formats. national and regional highway traveler management centers. The ISP processes That is understood and accepted. The information. the information and makes it available important point of the RTIP is that the as a service or product to the traveler. Operational Scenarios data be made available in a manner that The ISP would collect the information minimizes misinterpretation. This will From a Traffic Management Center from the various sources over an enable another system to retrieve the Operator’s perspective, the RTIP will interface using the standard data available information without provide more comprehensive exchange formats established under the customizing a format for the data. The information on the operator’s console. RTIP. RTIP is not requiring the Information collected from neighboring In these instances, the data exchange implementation of new data collection systems, in other jurisdictions, such as formats are the constant. This enables systems to meet all of the data exchange a freeway management system, may agencies to collect from other systems formats identified, but it is assumed that inform the operator that there is an and provide information externally over time, more data will become incident in the outbound lanes from the without establishing a different data available and it should be provided in neighboring system. The operator can exchange format with each system the formats established. use this incident information from the interface. This reduces the complexity Further, the RTIP is concerned with neighboring agency to inform freeway of each system involved regarding real-time information. It is essentially a service patrols of the issue and to take interface definition, implementation, stream of data made available to other appropriate response, to place and maintenance. Each organization systems over a center-to-center information on Dynamic Message Signs involved in this scenario can anticipate interface. Even though there are no (DMS) to inform travelers on the the types of information that will be proposed storage requirements within outbound facilities of the incident, or to received. the scope of the RTIP, it is good implement diversion plans to diffuse The data is real-time and not stored practice. Transportation Management the impact. by the source system. It is essentially a Systems, ISPs and the Planning The Traffic Management Center data feed. It is likely the subscribing Community will likely gain from software interface may be configured to organization would establish the applications that make use of the accept and process this external connection to the source, retrieve the archives of the real-time information. information but the information would information needed, and store any The information will address real- be received in a standard data exchange information required for other purposes time traffic and travel conditions that format making it possible to design the such as transportation planning or facilitate management, operations, and interface once for that information no research. In addition, these are decision making on the part of matter where it originated. information exchanges only. No device transportation system operators and the From the traveler’s perspective, they control is facilitated or addressed by the traveling public. This information receive their transportation information RTIP. should improve the security of the from an Information Service Provider surface transportation system, address (ISP) who collects traffic and travel Summary of Impacts congestion problems, support improved conditions information from their own The impacts of the RTIP will be the response to weather events and surface as well as external sources such as planning for existing system upgrades

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for the standard data exchange formats, • Road network probe information The mapped messages for the the update of regional architectures to • Traveler information specification(s) also indicate which reflect the data exchange formats and • Emergency traveler information submessage(s) needs to be used. interfaces, and the deployment of those Parking Information As an example for implementation, formats for data exchange and the consider the specification and • Parking locations interface they are made available on. subspecifications of 1.4. A RTIP • Parking availability This document contains the high- implementer will need to use the level specifications for the data Emergency Management Information MSG_Public incident description (PID) exchange formats to support the RTIP. • Evacuation information message from IEEE 1512 Base Standards These high-level specifications have • populated with detour and closures been used to identify standards Disaster information Given the Concept of Operations and information for sending it to the elements that satisfy the needs of the intended target center. This PID message RTIP based on these specifications. The the interfaces from the National ITS Architecture as a starting point, the has the wrapper message named high-level specifications defined in this DF_IDX_Wrapper which wraps detour document bound the scope of the RTIP. functional specifications associated with each information flow in the and closure submessage (impactReports) Specifications National ITS Architecture were as well as most of the other submessages from IEEE 1512 Base, IEEE 1512.1, IEEE The National ITS Architecture was examined along with the related process 1512.2 and IEEE 1512.3 standards. But used as a source of information for the specifications and data flows to generate for sending detour and closures Concept of Operations and the a tailored set of high-level information the DF_IDX_Wrapper needs functional specifications. The RTIP specifications. These high-level to have only the value of impactReports concept was mapped to the National ITS specifications were refined and those entry which has detour and closures Architecture definition. The ATIS01- refined specifications were used to information while all other submessages Broadcast Traveler Information Market identify the data exchange formats can be omitted as they are defined as Package was used to start the mapping within the existing ITS Standards that optional and do not need to be process. The interfaces identified were apply to the RTIP. The resulting included. tailored based on the following interface specifications are provided in the first 3 criteria: columns of the Table in Appendix A. In Most of the specifications have • Focus on center-to-center interfaces the specifications, the subject system is messages mapped to them taken from • Remove request flows referred to as the Real-Time Information existing standards. A list of • Remove control flows Program (RTIP). The RTIP can be any specifications for which there is no • Include system operation and system that would be satisfying Section related message in the existing conditions information 1201. standards is provided below. • Include information of operational 3.4 The RTIP shall provide use to other systems Standards Reference • Include information of use to information about the changes to transit The ultimate goal of this document is services during an evacuation. travelers to provide a reference between the • Remove duplicate flows specifications of the RTIP defined in 3.6 The RTIP shall provide transit The interfaces presented by the Section 1201 and the data exchange alerts and advisories pertaining to major National ITS Architecture mapping formats established in the ITS emergencies or disasters. include: Standards. The table in Appendix A The ITS standards referenced in Traffic Management Information maps the specifications to the messages Appendix A feature the following required to provide the functions in the versions. Please note that ITS standards • Road network conditions evolve over time, and that there may be • Road weather information Real Time Information Program (RTIP). • Traffic information coordination The functional specifications are a revision to this table in the future: • Road network probe information grouped under broad functionalities of TMDD—Standards for Traffic • Traffic incidents RTIP. The specifications described Management Center to Center • Air quality data under the ‘‘General Specifications’’ Communications, ITE/AASHTO, category articulates the methods by Maintenance and Construction Version 2.1, June 1, 2005. which the logical traffic network Management IEEE 1512 Base Standards—IEEE information in a center-to-center (C2C) • Maintenance and construction work Standard for Common Incident communications environment would Management Message Sets for Use by plans convey traffic, incident and other • Emergency Management Centers, IEEE, Roadway maintenance status information based on the node (a • Work zone information Version IEEE Std 1512–2006, June 8, geographic point) and links (road 2006. Transit Management Information segment between two nodes) in the area. The messages in the referenced IEEE 1512.1—2006—IEEE Standard • Emergency transit schedule standards (SAE J2354, TMDD, IEEE for Common Incident Management information Message Sets for Use by Emergency • Road network probe information 1512) are defined in such a way that • several different submessages are Management Centers, IEEE, Version Transit and fare schedules IEEE Std 1512.1–2006, November 2, • Transit incident information packaged in a wrapper message. All of 2006. • Transit system data the submessages in the wrapper message are defined as an optional element so SAE J2354—Message Sets for Information Service Provider that a local implementer can use only Advanced Traveler Information System Information the submessage(s) which are necessary (ATIS), SAE, Version SAE J2354, • Broadcast information to support its system’s specification. February 2004.

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RTIP SPECIFICATIONS MAPPED TO STANDARDS DIALOGS AND MESSAGES

Req. No. Functional specification description Source Dialog(s)/message(s)

0 General Specifications

0.1 ...... The RTIP may provide a list of points and TMDD ...... Standard: TMDD. segments between any two points that Message: 1.14.2—TrafficNetworkInventory. comprise the traffic network (i.e. network topology). 0.1.1 ...... The RTIP may provide unique identification TMDD. for all points in the traffic network. 0.1.2 ...... The RTIP may provide unique identification TMDD. of all road segments between any two points in the traffic network. 0.2 ...... The RTIP may provide any change to the TMDD. traffic network. 0.2.1 ...... The RTIP may provide any change to the TMDD. identification of any point in the traffic network. 0.2.2 ...... The RTIP may provide any change to the TMDD. identification of any road segment in the traffic network. 0.3 ...... The RTIP may receive and process infor- TMDD ...... Standard: TMDD. mation about the network topology. Message: 1.14.1—TrafficNetworkRequest. Message: 1.14.2—TrafficNetworkInventory. 0.3.1 ...... The RTIP may request information about TMDD. the network topology upon initialization. 0.3.2 ...... The RTIP may provide information about TMDD. the network topology upon request.

1 Traveler Information

1.1 ...... The RTIP may provide route segment trav- National ITS Architecture ...... Standard: TMDD. el times. Message: 1.14.9—LinkData. 1.2 ...... The RTIP may provide route segment National ITS Architecture ...... Standard: TMDD. speeds. Message: 1.14.9—LinkData. 1.3 ...... The RTIP may provide roadway incident National ITS Architecture ...... Standard: SAE J2354. information. Dialog: One-way Traveler Information. Message: 5.4—MSG_Advisory Information where Response Group has entry for incidents. 1.4 ...... The RTIP may provide roadway detours National ITS Architecture ...... Standard: IEEE 1512 Base Standards. and closures information. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of im- pact Reports entry. 1.4.1 ...... The RTIP may provide list of road seg- National ITS Architecture. ments as detour information. 1.4.2 ...... The RTIP may provide list of road seg- National ITS Architecture. ments that are closed. 1.4.3 ...... The RTIP may provide information about National ITS Architecture. the effective time frame as a part of de- tours and closures information. 1.5 ...... The RTIP may provide event information ... National ITS Architecture ...... Standard: SAE J2354. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has suitable entries for the event being described, and the header informa- tion and appropriate ITIS codes used to indicate the type of update, as needed. Standard: TMDD. Message ID: 1.3.1—BasicEventUpdate and 1.3.2— FullEventUpdate. Standard: IEEE 1512 Base Standards. Message: 6.3—MSG_Public incident description (PID) using the DF_IDX_Wrapper and the Header/IssueTime information and appropriate ITIS codes used to indicate the type of update, as needed.

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RTIP SPECIFICATIONS MAPPED TO STANDARDS DIALOGS AND MESSAGES—Continued

Req. No. Functional specification description Source Dialog(s)/message(s)

1.5.1 ...... The RTIP may provide current roadway National ITS Architecture ...... Standard: SAE J2354. event information. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has suitable entries for the event being described, and the header informa- tion and appropriate ITIS codes used to indicate the type of update, as needed. Standard: TMDD. Message ID: 1.3.1—Basic Event Update and 1.3.2—Full Event Update. Standard: IEEE 1512 Base Standards. Message: 6.3—MSG_Public incident description (PID) using the DF_IDX_Wrapper and the Header/IssueTime information and appropriate ITIS codes used to indicate the type of update, as needed. 1.5.1.1 ...... The RTIP may provide current roadway National ITS Architecture. event information upon request. 1.5.1.2 ...... The RTIP may provide updates to the cur- National ITS Architecture. rent roadway event information. 1.5.1.3 ...... The RTIP may provide the status of the National ITS Architecture. current event information. 1.5.2 ...... The RTIP may provide planned event in- National ITS Architecture ...... Standard: SAE J2354. formation. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has suitable entries for the event being described, and the header informa- tion and appropriate ITIS codes used to indicate the type of update, as needed. Standard: TMDD. Message ID: 1.3.1—BasicEventUpdate and 1.3.2— FullEventUpdate. Standard: IEEE 1512 Base Standards. Message: 6.3—MSG_Public incident description (PID) using the DF_IDX_Wrapper and the Header/IssueTime information and appropriate ITIS codes used to indicate the type of update, as needed. 1.5.2.1 ...... The RTIP may provide planned event in- National ITS Architecture. formation upon request. 1.5.2.2 ...... The RTIP may provide updates to the National ITS Architecture. planned event information. 1.5.2.3 ...... The RTIP may provide the status of the National ITS Architecture. planned event information. 1.6 ...... The RTIP may provide alternate routes ..... National ITS Architecture ...... Standard: IEEE 1512 Base Standards. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of impactReports entry. 1.6.1 ...... The RTIP may provide a list of road seg- National ITS Architecture. ments as alternate route. 1.7 ...... The RTIP may provide work zone informa- National ITS Architecture ...... Standard: IEEE 1512 Base Standards. tion. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of workZoneDataReports entry. 1.7.1 ...... The RTIP may provide list of road seg- National ITS Architecture. ments as work zone. 1.7.2 ...... The RTIP may provide the information National ITS Architecture. about the effective time frame when work will be performed in the work zone. 1.8 ...... The RTIP may provide information about National ITS Architecture ...... Standard: SAE J2354. real-time transit schedule adherence. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for itineraries. Comment: DF_Itinerary contains DF_ TransitInstructions which has data related to transit schedule time and also the data related to how many minutes a transit vehicle will be delayed at a stop point or time point in transit system. so from these data we can assume real-time transit schedule adherence.

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RTIP SPECIFICATIONS MAPPED TO STANDARDS DIALOGS AND MESSAGES—Continued

Req. No. Functional specification description Source Dialog(s)/message(s)

1.9 ...... The RTIP may provide parking information National ITS Architecture ...... Standard: SAE J2354. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for parkingLots. 1.9.1 ...... The RTIP may provide the location of the National ITS Architecture. parking. 1.9.2 ...... The RTIP may provide information about National ITS Architecture. parking availability. 1.9.3 ...... The RTIP may provide the information National ITS Architecture. about the location of available parking. 1.10 ...... The RTIP may provide weather information National ITS Architecture ...... Standard: SAE J2354. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for weatherReports. 1.11 ...... The RTIP may provide environmental con- National ITS Architecture. ditions information. 1.12 ...... The RTIP may provide air quality informa- National ITS Architecture. tion. 1.13 ...... The RTIP may provide emergency evacu- National ITS Architecture ...... Standard: IEEE 1512 Base Standard. ation information. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of evacuationReports entry. 1.13.1 ...... The RTIP may provide information about National ITS Architecture. evacuation zones. 1.13.2 ...... The RTIP may provide information about National ITS Architecture. the routes to be used for evacuation. 1.13.3 ...... The RTIP may provide information about National ITS Architecture. the effective time frame of the evacu- ation. 1.13.4 ...... The RTIP may provide shelter information National ITS Architecture ...... Standard: IEEE 1512 Base Standard. during an evacuation. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of facilitiesReports entry. 1.13.4.1 ...... The RTIP may provide information about National ITS Architecture. the location of shelter during an evacu- ation. 1.13.4.2 ...... The RTIP may provide information about National ITS Architecture. the availability of shelter during an evac- uation. 1.13.4.3 ...... The RTIP may provide information about National ITS Architecture. the location of available shelter during an evacuation. 1.13.5 ...... The RTIP may provide available transpor- National ITS Architecture ...... Standard: IEEE 1512 Base Standard. tation modes during an evacuation. Message: 6.3–MSG_Public incident description (PID) where DF_IDX_Wrapper has value of evacuationReports entry. 1.13.6 ...... The RTIP may provide information about National ITS Architecture ...... It is expected that this specifications will be met in the changes to transit services during an the next version of SAE J2354. evacuation. 1.13.6.1 ...... The RTIP may provide deviations from the National ITS Architecture. route of regular transit services during an evacuation. 1.13.6.2 ...... The RTIP may provide deviations from the National ITS Architecture. schedule of regular transit services dur- ing an evacuation. 1.13.7 ...... The RTIP may provide traffic conditions in- National ITS Architecture ...... Standard: SAE J2354. formation during an evacuation. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for links. 1.13.8 ...... The RTIP may provide road condition in- National ITS Architecture ...... Standard: SAE J2354. formation during an evacuation. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for weatherReports. 1.13.8.1 ...... The RTIP may provide information about National ITS Architecture. pavement condition during an evacu- ation. 1.13.8.2 ...... The RTIP may provide roadway tempera- National ITS Architecture. ture information during an evacuation. 1.13.8.3 ...... The RTIP may provide information about National ITS Architecture. the precipitation during an evacuation.

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RTIP SPECIFICATIONS MAPPED TO STANDARDS DIALOGS AND MESSAGES—Continued

Req. No. Functional specification description Source Dialog(s)/message(s)

1.13.8.4 ...... The RTIP may provide information about National ITS Architecture. the treatment or plowing of snow during an evacuation. 1.14 ...... The RTIP may provide disaster (e.g. nat- National ITS Architecture ...... Standard: SAE J2354. ural, man-made) information. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for events. 1.14.1 ...... The RTIP may provide information about National ITS Architecture. the type (natural, man-made) of disaster. 1.14.2 ...... The RTIP may provide information about National ITS Architecture. the originator of the disaster. 1.14.3 ...... The RTIP may provide information about National ITS Architecture. the geographical area affected by the disaster. 1.14.4 ...... The RTIP may provide information about National ITS Architecture. the effective time frame of the disaster. 1.14.5 ...... The RTIP may provide the information and National ITS Architecture. instructions necessary for the public to respond to the disaster.

2 Traffic Management

2.1 ...... The RTIP may distribute road network con- National ITS Architecture ...... Standard: SAE J2354. ditions data (raw or processed) based Dialog: One-way Traveler Information. on collected and analyzed traffic data. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entries for links, weatherReports, incidents and events. Standards: IEEE 1512 Base Standards. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of workZoneDataReports entry. Standard: IEEE 1512.1—2006. Message Name: 6.2—MSG_ClearOrRepairPlan [IM], 6.4–MSG_InfrastructureReport[IM]. 2.1.1 ...... The RTIP may provide current traffic con- National ITS Architecture ...... Standard: SAE J2354. ditions. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for links. 2.1.2 ...... The RTIP may provide current road condi- National ITS Architecture ...... Standard: SAE J2354. tions. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for weatherReports. 2.1.2.1 ...... The RTIP may provide current pavement National ITS Architecture. condition information. 2.1.2.2 ...... The RTIP may provide roadway tempera- National ITS Architecture. ture information. 2.1.2.3 ...... The RTIP may provide current precipitation National ITS Architecture. information. 2.1.2.4 ...... The RTIP may provide current roadway National ITS Architecture. treatment or snow removal operations. 2.1.3 ...... The RTIP may provide forecasted traffic National ITS Architecture ...... Standard: SAE J2354. conditions. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for links. 2.1.4 ...... The RTIP may provide forecasted road National ITS Architecture ...... Standard: SAE J2354. conditions. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for weatherReports. 2.1.4.1 ...... The RTIP may provide forecasted pave- National ITS Architecture. ment condition information. 2.1.4.2 ...... The RTIP may provide forecasted roadway National ITS Architecture. temperature information. 2.1.4.3 ...... The RTIP may provide forecasted precipi- National ITS Architecture. tation information. 2.1.4.4 ...... The RTIP may provide forecasted roadway National ITS Architecture. treatment or snow removal operations. 2.1.5 ...... The RTIP may provide incident information National ITS Architecture ...... Standard: SAE J2354. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for incidents.

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RTIP SPECIFICATIONS MAPPED TO STANDARDS DIALOGS AND MESSAGES—Continued

Req. No. Functional specification description Source Dialog(s)/message(s)

2.1.6 ...... The RTIP may provide information about a National ITS Architecture ...... Standard: SAE J2354. disaster (e.g. natural, man-made). Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for events. 2.1.6.1 ...... The RTIP may provide information about National ITS Architecture. the type (natural, man-made) of disaster. 2.1.6.2 ...... The RTIP may provide information about National ITS Architecture. the originator of the disaster information. 2.1.6.3 ...... The RTIP may provide information about National ITS Architecture. the geographical area affected by the disaster. 2.1.6.4 ...... The RTIP may provide information about National ITS Architecture. the effective time frame of the disaster. 2.1.6.5 ...... The RTIP may provide the information and National ITS Architecture. instructions necessary for the public to respond to the disaster. 2.1.7 ...... The RTIP may provide information about National ITS Architecture ...... Standards: IEEE 1512 Base Standards. damage to the road network. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of workZoneDataReports entry. Standard: IEEE 1512.1—2006. Message Name: 6.2—MSG_ClearOrRepairPlan [IM], 6.4—MSG_InfrastructureReport[IM]. 2.1.7.1 ...... The RTIP may provide information about National ITS Architecture. the severity of road network damage. 2.1.7.2 ...... The RTIP may provide information about National ITS Architecture. the remaining capacity of a damaged road network. 2.1.7.3 ...... The RTIP may provide information about National ITS Architecture. the required closures of a damaged road network. 2.1.7.4 ...... The RTIP may provide information about National ITS Architecture. alternate routes in case of a damaged road network. 2.1.7.5 ...... The RTIP may provide information about National ITS Architecture. the necessary restrictions of a damaged road network. 2.1.7.6 ...... The RTIP may provide information about National ITS Architecture. the time frame for repair and recovery of a damaged road network. 2.1.8 ...... The RTIP may provide road weather infor- National ITS Architecture ...... Standard: SAE J2354. mation. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for weatherReports. 2.1.9 ...... The RTIP may provide environmental con- National ITS Architecture ...... Standard: SAE J2354. ditions information. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for weatherReports. 2.2 ...... The RTIP may provide information about National ITS Architecture ...... Standard: IEEE 1512 Base Standard. the execution of an evacuation strategy. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of evacuationReports entry. 2.2.1 ...... The RTIP may provide information on the National ITS Architecture. zones to be evacuated. 2.2.2 ...... The RTIP may provide information on the National ITS Architecture. setting of the closures and detours of routes. 2.2.2.1 ...... The RTIP may provide information on the National ITS Architecture. routes that will be closed during the evacuation. 2.2.2.2 ...... The RTIP may provide information on the National ITS Architecture. routes that will be used as detour during the evacuation. 2.2.3 ...... The RTIP may provide information on the National ITS Architecture. effective time frame for the evacuation.

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RTIP SPECIFICATIONS MAPPED TO STANDARDS DIALOGS AND MESSAGES—Continued

Req. No. Functional specification description Source Dialog(s)/message(s)

3 Transit Management

3.1 ...... The RTIP may provide transit incident in- National ITS Architecture ...... Standard: IEEE 1512 Base Standard. formation along with other service data. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has values of transitEventSourceReports and transitVehicleInvolvedReports entries. 3.2 ...... The RTIP may provide information about National ITS Architecture ...... Standard: SAE J2354. real-time transit schedule adherence. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for itineraries. 3.3 ...... The RTIP may provide information about National ITS Architecture ...... Standard: SAE J2354. weather conditions observed within the Dialog: One-way Traveler Information. transit system. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for weatherReports. 3.4 ...... The RTIP may provide information about National ITS Architecture ...... It is expected that this specifications will be met in changes to transit service due to special the next version of SAE J2354. events. 3.4.1 ...... The RTIP may provide deviations from the National ITS Architecture. schedule of regular transit services due to special events. 3.4.2 ...... The RTIP may provide deviations from the National ITS Architecture. routes of regular transit services due to special events. 3.5 ...... The RTIP may provide real-time arrival in- National ITS Architecture ...... Standard: SAE J2354. formation. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for itineraries. Comment: DF_Itinerary contains DF_ TransitInstructions which has data related to transit schedule time and also the data related to how many minutes a transit vehicle will be delayed at a stop point or time point in transit system. so from these data we can assume real-time transit arrival information. 3.6 ...... The RTIP may provide transit alerts and National ITS Architecture ...... It is expected that this specifications will be met in advisories pertaining to major emer- the next version of SAE J2354. gencies or disasters.

4 Maintenance and Construction Management

4.1 ...... The RTIP may provide work zone informa- National ITS Architecture ...... Standards: IEEE 1512 Base Standards. tion. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of workZoneDataReports entry. 4.1.1 ...... The RTIP may provide list of road seg- National ITS Architecture. ments as work zone. 4.1.2 ...... The RTIP may provide the information National ITS Architecture. about the effective time frame when work will be performed in the work zone. 4.2 ...... The RTIP may provide information about National ITS Architecture ...... Standards: IEEE 1512 Base Standards. damage to the road network. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of workZoneDataReports entry. Standard: IEEE 1512.1—2006. Message Name: 6.2—MSG_ ClearOrRepairPlan[IM] 6.4—MSG_Infrastructure Report[IM]. 4.2.1 ...... The RTIP may provide information about National ITS Architecture. the severity of road network damage. 4.2.2 ...... The RTIP may provide information about National ITS Architecture. the remaining capacity of a damaged road network. 4.2.3 ...... The RTIP may provide information about National ITS Architecture. the required closures of a damaged road network. 4.2.4 ...... The RTIP may provide information about National ITS Architecture. alternate routes in case of a damaged road network.

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RTIP SPECIFICATIONS MAPPED TO STANDARDS DIALOGS AND MESSAGES—Continued

Req. No. Functional specification description Source Dialog(s)/message(s)

4.2.5 ...... The RTIP may provide information about National ITS Architecture. the necessary restrictions of a damaged road network. 4.2.6 ...... The RTIP may provide information about National ITS Architecture. the time frame for repair and recovery of a damaged road network.

5 Parking Management

5.1 ...... The RTIP may provide parking information National ITS Architecture ...... Standard: SAE J2354. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for parkingLots. 5.1.1 ...... The RTIP may provide the location of the National ITS Architecture. parking. 5.1.2 ...... The RTIP may provide information about National ITS Architecture. parking availability. 5.1.3 ...... The RTIP may provide the information National ITS Architecture. about the location of available parking.

6 Emergency Management

6.1 ...... The RTIP may provide emergency evacu- National ITS Architecture ...... Standard: IEEE 1512 Base Standard. ation information. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has values of evacuationReports and facilitiesReports entries. Standard: SAE J2354. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entries for links, weatherReports and events. 6.1.1 ...... The RTIP may provide information about National ITS Architecture ...... Standard: IEEE 1512 Base Standard. evacuation zones. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of evacuationReports entry. 6.1.2 ...... The RTIP may provide information about National ITS Architecture. the routes to be used for evacuation. 6.1.3 ...... The RTIP may provide information about National ITS Architecture. the effective time frame of the evacu- ation. 6.1.4 ...... The RTIP may provide shelter information National ITS Architecture ...... Standard: IEEE 1512 Base standard. during an evacuation. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of facilitiesReports entry. 6.1.4.1 ...... The RTIP may provide information about National ITS Architecture. the location of shelter during an evacu- ation. 6.1.4.2 ...... The RTIP may provide information about National ITS Architecture. the availability of shelter during an evac- uation. 6.1.4.3 ...... The RTIP may provide information about National ITS Architecture. the location of available shelter during an evacuation. 6.1.5 ...... The RTIP may provide available transpor- National ITS Architecture ...... Standard: IEEE 1512 Base Standard. tation modes during an evacuation. Message: 6.3—MSG_Public incident description (PID) where DF_IDX_Wrapper has value of evacuationReports entry. 6.1.6 ...... The RTIP may provide information about National ITS Architecture ...... It is expected that this specifications will be met in the changes to transit services during an the next version of SAE J2354. evacuation. 6.1.6.1 ...... The RTIP may provide deviations from the National ITS Architecture. route of regular transit services during an evacuation. 6.1.6.2 ...... The RTIP may provide deviations from the National ITS Architecture. schedule of regular transit services dur- ing an evacuation. 6.1.7 ...... The RTIP may provide traffic conditions in- National ITS Architecture ...... Standard: SAE J2354. formation during an evacuation. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for links.

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RTIP SPECIFICATIONS MAPPED TO STANDARDS DIALOGS AND MESSAGES—Continued

Req. No. Functional specification description Source Dialog(s)/message(s)

6.1.8 ...... The RTIP may provide road condition in- National ITS Architecture ...... Standard: SAE J2354. formation during an evacuation. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for weatherReports. 6.1.8.1 ...... The RTIP may provide information about National ITS Architecture. pavement condition during an evacu- ation. 6.1.8.2 ...... The RTIP may provide roadway tempera- National ITS Architecture. ture information during an evacuation. 6.1.8.3 ...... The RTIP may provide information about National ITS Architecture. the precipitation during an evacuation. 6.1.8.4 ...... The RTIP may provide information about National ITS Architecture. the treatment or plowing of snow during an evacuation. 6.2 ...... The RTIP may provide disaster (e.g. nat- National ITS Architecture ...... Standard: SAE J2354. ural, man-made) information. Dialog: One-way Traveler Information. Message: 5.4—MSG_AdvisoryInformation where ResponseGroup has entry for events. 6.2.1 ...... The RTIP may provide information about National ITS Architecture. the type (natural, man-made) of disaster. 6.2.2 ...... The RTIP may provide information about National ITS Architecture. the originator of the disaster. 6.2.3 ...... The RTIP may provide information about National ITS Architecture. the geographical area affected by the disaster. 6.2.4 ...... The RTIP may provide information about National ITS Architecture. the effective time frame of the disaster. 6.2.5 ...... The RTIP may provide the information and National ITS Architecture. instructions necessary for the public to respond to the disaster.

[FR Doc. E7–20273 Filed 10–12–07; 8:45 am] DATES: This decision is effective October personal information included. Please BILLING CODE 4910–22–P 30, 2007. Comments must be received see the Privacy Act heading below. on or before November 14, 2007. Docket: For access to the docket to ADDRESSES: You may submit comments read background documents or DEPARTMENT OF TRANSPORTATION bearing the Department of comments, go to http://dms.dot.gov at Transportation (DOT) Docket any time or Room W12–140 on the Federal Motor Carrier Safety Management System (DMS) Docket ground level of the West Building, 1200 Administration Numbers FMCSA–99–5578, FMCSA– New Jersey Avenue, SE., Washington, [Docket No. FMCSA–99–5578, FMCSA–99– 99–6480, FMCSA–00–7363, FMCSA– DC, between 9 a.m. and 5 p.m., Monday 6480, FMCSA–00–7363, FMCSA–01–9561, 01–9561, FMCSA–03–15892, using any through Friday, except Federal holidays. FMCSA–03–15892] of the following methods. The DMS is available 24 hours each day, • DOT Web site: http://dmses.dot.gov. 365 days each year. If you want Qualification of Drivers; Exemption Follow the on-line instructions for acknowledgment that we received your Applications; Vision submitting comments. comments, please include a self- AGENCY: Federal Motor Carrier Safety • Fax: 1–202–493–2251. addressed, stamped envelope or Administration (FMCSA), DOT. • Mail: Docket Management Facility; postcard or print the acknowledgement page that appears after submitting ACTION: Notice of renewal of U.S. Department of Transportation, 1200 comments on-line. exemptions; request for comments. New Jersey Avenue, SE., West Building, Ground Floor, Room W12–140, Privacy Act: Anyone may search the SUMMARY: FMCSA announces its Washington, DC 20590–0001. electronic form of all comments decision to renew the exemptions from • Hand Delivery: Room W12–140 on received into any of our dockets by the the vision requirement in the Federal the ground level of the West Building, name of the individual submitting the Motor Carrier Safety Regulations for 19 1200 New Jersey Avenue, SE., comment (or of the person signing the individuals. FMCSA has statutory Washington, DC, between 9 a.m. and 5 comment, if submitted on behalf of an authority to exempt individuals from p.m., Monday through Friday, except association, business, labor union, etc.). the vision requirement if the Federal holidays. You may review the Department of exemptions granted will not • Federal eRulemaking Portal: Go to Transportation’s complete Privacy Act compromise safety. The Agency has http://www.regulations.gov. Follow the Statement in the Federal Register concluded that granting these online instructions for submitting published on April 11, 2000 (65 FR exemption renewals will provide a level comments. 19477; Apr. 11, 2000). This information of safety that is equivalent to, or greater Each submission must include the is also available at http://dms.dot.gov. than, the level of safety maintained Agency name and docket numbers for FOR FURTHER INFORMATION CONTACT: Dr. without the exemptions for these this Notice. Note that DOT posts all Mary D. Gunnels, Chief, Physical commercial motor vehicle (CMV) comments received without change to Qualifications Division, (202) 366–4001, drivers. http://dms.dot.gov, including any [email protected], FMCSA,

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Department of Transportation, 1200 retention in the driver’s qualification exemption under 49 U.S.C. 31136(e) and New Jersey Avenue, SE., Room W64– file and retain a copy of the certification 31315 can be satisfied by initially 224, Washington, DC 20590–0001. on his/her person while driving for granting the renewal and then Office hours are from 8:30 a.m. to 5 p.m. presentation to a duly authorized requesting and evaluating, if needed, Monday through Friday, except Federal Federal, State, or local enforcement subsequent comments submitted by holidays. official. Each exemption will be valid interested parties. As indicated above, for two years unless rescinded earlier by SUPPLEMENTARY INFORMATION: the Agency previously published FMCSA. The exemption will be notices of final disposition announcing Background rescinded if: (1) The person fails to its decision to exempt these 19 Under 49 U.S.C. 31136(e) and 31315, comply with the terms and conditions individuals from the vision requirement FMCSA may renew an exemption from of the exemption; (2) the exemption has in 49 CFR 391.41(b)(10). The final the vision requirements in 49 CFR resulted in a lower level of safety than decision to grant an exemption to each 391.41(b)(10), which applies to drivers was maintained before it was granted; or of these individuals was based on the of CMVs in interstate commerce, for a (3) continuation of the exemption would merits of each case and only after two-year period if it finds ‘‘such not be consistent with the goals and careful consideration of the comments exemption would likely achieve a level objectives of 49 U.S.C. 31136(e) and received to its notices of applications. of safety that is equivalent to, or greater 31315. The notices of applications stated in than, the level that would be achieved Basis for Renewing Exemptions detail the qualifications, experience, and medical condition of each applicant absent such exemption.’’ The Under 49 U.S.C. 31315(b)(1), an procedures for requesting an exemption for an exemption from the vision exemption may be granted for no longer requirements. That information is (including renewals) are set out in 49 than two years from its approval date CFR part 381. available by consulting the above cited and may be renewed upon application Federal Register publications. for additional two year periods. In Exemption Decision Interested parties or organizations accordance with 49 U.S.C. 31136(e) and possessing information that would This notice addresses 19 individuals 31315, each of the 19 applicants has otherwise show that any, or all of these who have requested a renewal of their satisfied the entry conditions for drivers, are not currently achieving the exemption in accordance with FMCSA obtaining an exemption from the vision statutory level of safety should procedures. FMCSA has evaluated these requirements (64 FR 27027; 64 FR 19 applications for renewal on their 51568; 66 FR 48504; 68 FR 54775; 70 FR immediately notify FMCSA. The merits and decided to extend each 61165; 64 FR 68195; 65 FR 20251; 67 FR Agency will evaluate any adverse exemption for a renewable two-year 17102; 65 FR 45817; 65 FR 77066; 68 FR evidence submitted and, if safety is period. They are: 1654; 66 FR 30502; 66 FR 41654; 68 FR being compromised or if continuation of Lauren C. Allen 52811; 68 FR 61860). Each of these 19 the exemption would not be consistent Tracey A. Ammons applicants has requested renewal of the with the goals and objectives of 49 Randy B. Combs exemption and has submitted evidence U.S.C. 31136(e) and 31315, FMCSA will Robert L. Cross, Jr. showing that the vision in the better eye take immediate steps to revoke the James D. Davis continues to meet the standard specified exemption of a driver. Edward J. Genovese at 49 CFR 391.41(b)(10) and that the Issued on: October 5, 2007. Dewayne E. Harms vision impairment is stable. In addition, Larry W. Minor, Mark D. Kraft a review of each record of safety while Associate Administrator for Policy and David F. LeClerc driving with the respective vision Program Development. Charles L. Lovern deficiencies over the past two years [FR Doc. E7–20204 Filed 10–12–07; 8:45 am] Jimmy R. Millage indicates each applicant continues to BILLING CODE 4910–EX–P Carson E. Rohrbaugh meet the vision exemption standards. Robert E. Sanders These factors provide an adequate basis Donald J. Snider for predicting each driver’s ability to DEPARTMENT OF TRANSPORTATION John A. Sortman continue to drive safely in interstate Jesse L. Townsend commerce. Therefore, FMCSA Federal Motor Carrier Safety James A. Welch concludes that extending the exemption Administration Edward W. Yeates, Jr. for each renewal applicant for a period Michael E. Yount of two years is likely to achieve a level [FMCSA Docket No. FMCSA–2007–27801] These exemptions are extended of safety equal to that existing without subject to the following conditions: (1) the exemption. Qualification of Drivers; Exemption That each individual have a physical Applications; Diabetes examination every year (a) by an Request for Comments ophthalmologist or optometrist who FMCSA will review comments AGENCY: Federal Motor Carrier Safety attests that the vision in the better eye received at any time concerning a Administration (FMCSA), DOT. continues to meet the standard in 49 particular driver’s safety record and ACTION: Notice of final disposition. CFR 391.41(b)(10), and (b) by a medical determine if the continuation of the examiner who attests that the individual exemption is consistent with the SUMMARY: FMCSA announces its is otherwise physically qualified under requirements at 49 U.S.C. 31136(e) and decision to exempt fifty-two individuals 49 CFR 391.41; (2) that each individual 31315. However, FMCSA requests that from its rule prohibiting persons with provide a copy of the ophthalmologist’s interested parties with specific data insulin-treated diabetes mellitus (ITDM) or optometrist’s report to the medical concerning the safety records of these from operating commercial motor examiner at the time of the annual drivers submit comments by November vehicles (CMVs) in interstate commerce. medical examination; and (3) that each 14, 2007. The exemptions will enable these individual provide a copy of the annual FMCSA believes that the individuals to operate CMVs in medical certification to the employer for requirements for a renewal of an interstate commerce.

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DATES: The exemptions are effective drive a commercial motor vehicle if that Consequently, FMCSA finds that October 15, 2007. The exemptions person has no established medical exempting these applicants from the expire on October 15, 2009. history or clinical diagnosis of diabetes diabetes standard in 49 CFR 391.41(b)(3) FOR FURTHER INFORMATION CONTACT: Dr. mellitus currently requiring insulin for is likely to achieve a level of safety Mary D. Gunnels, Chief, Physical control’’ (49 CFR 391.41(b)(3)). equal to that existing without the Qualifications Division, (202) 366–4001, FMCSA established its diabetes exemption. exemption program, based on the [email protected], FMCSA, Room Conditions and Requirements W64–224, Department of Agency’s July 2000 study entitled ‘‘A Transportation, 1200 New Jersey Report to Congress on the Feasibility of The terms and conditions of the Avenue, SE., Washington, DC 20590– a Program to Qualify Individuals with exemption will be provided to the 0001. Office hours are from 8:30 a.m. to Insulin-Treated Diabetes Mellitus to applicants in the exemption document 5 p.m., Monday through Friday, except Operate in Interstate Commerce as and they include the following: (1) That Federal holidays. Directed by the Transportation Act for each individual submit a quarterly monitoring checklist completed by the SUPPLEMENTARY INFORMATION: the 21st Century.’’ The report concluded that a safe and practicable protocol to treating endocrinologist as well as an Electronic Access allow some drivers with ITDM to annual checklist with a comprehensive You may see all the comments online operate CMVs is feasible. The 2003 medical evaluation; (2) that each through the Federal Document notice in conjunction with the individual reports within 2 business Management System (FDMS) at: http:// November 8, 2005 (70 FR 67777) days of occurrence, all episodes of www.regulations.gov. Federal Register Notice provides the severe hypoglycemia, significant Docket: For access to the docket to current protocol for allowing such complications, or inability to manage read background documents or drivers to operate CMVs in interstate diabetes; also, any involvement in an comments, go to http:// commerce. accident or any other adverse event in www.regulations.gov and/or Room These fifty-two applicants have had a CMV or personal vehicle, whether or W12–140 on the ground level of the ITDM over a range of 1 to 39 years. not they are related to an episode of West Building, 1200 New Jersey These applicants report no hypoglycemia; (3) that each individual Avenue, SE., Washington, DC, between hypoglycemic reaction that resulted in provide a copy of the ophthalmologist’s 9 a.m. and 5 p.m., Monday through loss of consciousness or seizure, that or optometrist’s report to the medical Friday, except Federal holidays. required the assistance of another examiner at the time of the annual Privacy Act: Anyone may search the person, or resulted in impaired medical examination; and (4) that each electronic form of all comments cognitive function without warning individual provide a copy of the annual received into any of DOT’s dockets by symptoms in the past 5 years (with one medical certification to the employer for the name of the individual submitting year of stability following any such retention in the driver’s qualification the comment (or of the person signing episode). In each case, an file, or keep a copy in his/her driver’s the comment, if submitted on behalf of endocrinologist has verified that the qualification file if he/she is self- an association, business, labor union, or driver has demonstrated willingness to employed. The driver must also have a other entity). You may review DOT’s properly monitor and manage their copy of the certification when driving, complete Privacy Act Statement in the diabetes, received education related to for presentation to a duly authorized Federal Register (65 FR 19477, Apr. 11, diabetes management, and is on a stable Federal, State, or local enforcement 2000). This statement is also available at insulin regimen. These drivers report no official. other disqualifying conditions, http://Docketinfo.dot.gov. Discussion of Comments including diabetes-related Background complications. Each meets the vision FMCSA received five comments in On August 14, 2007, FMCSA standard at 49 CFR 391.41(b)(10). this proceeding. All five comments were published a notice of receipt of Federal The qualifications and medical recommendations in favor of granting diabetes exemption applications from condition of each applicant were stated the Federal diabetes exemption to Mr. fifty-two individuals, and requested and discussed in detail in the August Scott M. Aitcheson, Mr. Larry G. Becker, comments from the public (72 FR 14, 2007, Federal Register Notice (72 FR Mr. Stacy M. McCroskey, and Mr. Mark 45481). The public comment period 45481). Therefore, they will not be A. Jones. closed on September 13, 2007 and five repeated in this notice. Conclusion comments were received. FMCSA has evaluated the eligibility Basis for Exemption Determination After considering the comments to the of the fifty-two applicants and Under 49 U.S.C. 31136(e) and 31315, docket, and based upon its evaluation of determined that granting the FMCSA may grant an exemption from the fifty-two exemption applications, exemptions to these individuals would the diabetes standard in 49 CFR FMCSA exempts, Scott M. Aitcheson, achieve a level of safety equivalent to, 391.41(b)(3) if the exemption is likely to Arnulfo Amador, Larry G. Becker, Alan or greater than, the level that would be achieve an equivalent or greater level of R. Buck, Frederick J. Caldarelli, III, achieved by complying with the current safety than would be achieved without Eddie A. Camacho, Richard W. Clark, regulation 49 CFR 391.41(b)(3). the exemption. The exemption allows William N. Climer, William J. Compton, the applicants to operate CMVs in Brian R. Current, Andrew J. Corrao, Jr., Diabetes Mellitus and Driving interstate commerce. Edward W. Crean, Todd J. Donnelly, Experience of the Applicants To evaluate the effect of these Mark A. Davis, Tate D. Eakin, Anthony The Agency established the current exemptions on safety, FMCSA Espinosa, Gary L. Everett, Carmine J. standard for diabetes in 1970 because considered medical reports about the Fossile, Steve A. Ging, Jeffrey M. several risk studies indicated that applicants’ ITDM and vision, and Halavanja, James K. Hay, Vincent D. diabetic drivers had a higher rate of reviewed the treating endocrinologist’s Hoagland, Jr., James M. Holland, crash involvement than the general medical opinion related to the ability of Matthew S. Hooker, Gregory A. Iverson, population. The diabetes rule provides the driver to safely operate a CMV while Bradley M. Johnson, Michael A. that ‘‘A person is physically qualified to using insulin. Johnson, Mark A. Jones, Michael J.

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Keating, Duane E. Koomen, Bruce A. Transportation (DOT) Docket Background Larson, Curtis W. Mahler, Hector Management System (DMS) Docket Martinez, Stacy M. McCroskey, Harold Number FMCSA–2007–29019 using any Under 49 U.S.C. 31136(e) and 31315, W. McCullough, Bruce L. Mitchell, of the following methods: FMCSA may grant an exemption for a 2- Thomas L. Nesbit, Michael D. O’Brien, • Federal eRulemaking Portal: Go to year period if it finds ‘‘such exemption Charles A. Parker, Jeremy K. Redger, http://www.regulations.gov. Follow the would likely achieve a level of safety Michael C. Sapp, Norma L. Shoop, Chris on-line instructions for submitting that is equivalent to, or greater than, the W. Smaltz, Rodney C. Thompson, Glen comments. level that would be achieved absent E. Townsend, Randy E. Veit, Edwin C. • Mail: Docket Management Facility; such exemption.’’ FMCSA can renew Whitcomb, James B. Wilson, Daniel M. U.S. Department of Transportation, 1200 exemptions at the end of each 2-year Winn, Steven D. Workman, Derek J. New Jersey Avenue, SE., West Building period. The 27 individuals listed in this Wright, and Donald W. Yeager from the Ground Floor, Room W12–140, notice each have requested an ITDM standard in 49 CFR 391.41(b)(3), Washington, DC 20590–0001. exemption from the vision requirement subject to the conditions listed under • Hand Delivery: West Building in 49 CFR 391.41(b)(10), which applies ‘‘Conditions and Requirements’’ above. Ground Floor, Room W12–140, 1200 to drivers of CMVs in interstate In accordance with 49 U.S.C. 31136(e) New Jersey Avenue, SE., Washington, commerce. Accordingly, the Agency and 31315 each exemption will be valid DC, between 9 a.m. and 5 p.m., Monday will evaluate the qualifications of each for two years unless revoked earlier by through Friday, except Federal holidays. applicant to determine whether granting FMCSA. The exemption will be revoked • Fax: 1–202–493–2251. the exemption will achieve the required if: (1) The person fails to comply with Each submission must include the level of safety mandated by statute. the terms and conditions of the Agency name and the docket number for Qualifications of Applicants exemption; (2) the exemption has this Notice. Note that DOT posts all resulted in a lower level of safety than comments received without change to Christopher L. Bagby was maintained before it was granted; or http://www.regulations.gov, including (3) continuation of the exemption would any personal information included in a Mr. Bagby, age 42, has loss of vision not be consistent with the goals and comment. Please see the Privacy Act in his right eye due to a misplaced pupil objectives of 49 U.S.C. 31136(e) and heading below. and cataract as a result of a traumatic 31315. If the exemption is still effective Docket: For access to the docket to injury sustained as a child. The best at the end of the 2-year period, the read background documents or corrected visual acuity in his right eye person may apply to FMCSA for a comments, go to http:// is 20/1200 and in the left, 20/20. renewal under procedures in effect at www.regulations.gov at any time or Following an examination in 2007, his that time. Room W12–140 on the ground level of optometrist noted, ‘‘Chris currently the West Building, 1200 New Jersey Issued on: October 5, 2007. wears glasses and should continue to do Avenue, SE., Washington, DC, between so for driving. Other than that, I do not Larry W. Minor, 9 a.m. and 5 p.m., Monday through recommend any limitations on him for Associate Administrator for Policy and Friday, except Federal holidays. The driving standard or commercial Program Development. DMS is available 24 hours each day, 365 vehicles.’’ Mr. Bagby reported that he [FR Doc. E7–20206 Filed 10–12–07; 8:45 am] days each year. If you want has driven straight trucks for 7 years, BILLING CODE 4910–EX–P acknowledgment that we received your accumulating 182,000 miles, and comments, please include a self- tractor-trailer combinations for 4 years, addressed, stamped envelope or DEPARTMENT OF TRANSPORTATION accumulating 99,840 miles. He holds a postcard or print the acknowledgement Class A Commercial Driver’s License Federal Motor Carrier Safety page that appears after submitting (CDL) from Virginia. His driving record Administration comments on-line. for the last 3 years shows no crashes and Privacy Act: Anyone may search the no convictions for moving violations in [Docket No. FMCSA–2007–29019] electronic form of all comments a CMV. received into any of our dockets by the Qualification of Drivers; Exemption name of the individual submitting the Robert W. Bequeaith Applications; Vision comment (or of the person signing the Mr. Bequeaith, 56, has loss of vision comment, if submitted on behalf of an AGENCY: Federal Motor Carrier Safety in his left eye due to a retinal association, business, labor union, etc.). Administration (FMCSA), DOT. detachment as a result of a traumatic You may review the DOT’s complete ACTION: Notice of applications for injury sustained as a child. The best Privacy Act Statement in the Federal exemptions; request for comments. corrected visual acuity in his right eye Register published on April 11, 2000 is 20/16 and in the left, 20/150. SUMMARY: FMCSA announces receipt of (65 FR 19477–78; Apr. 11, 2000). This Following an examination in 2007, his applications from 27 individuals for information is also available at http:// optometrist noted, ‘‘My impression is exemptions from the vision requirement Docketinfo.dot.gov. that Mr. Bequeaith has the visual ability in the Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Dr. to safely continue operating a Regulations. If granted, the exemptions Mary D. Gunnels, Chief, Physical commercial vehicle.’’ Mr. Bequeaith would enable these individuals to Qualifications Division, (202) 366–4001, reported that he has driven straight qualify as drivers of commercial motor [email protected], FMCSA, trucks for 3 years, accumulating 30,000 vehicles (CMVs) in interstate commerce Department of Transportation, 1200 miles, and tractor-trailer combinations without meeting the Federal vision New Jersey Avenue, SE., Room W64– for 37 years, accumulating 3.6 million standard. 224, Washington, DC 20590–0001. miles. He holds a Class A CDL from DATES: Comments must be received on Office hours are from 8:30 a.m. to 5 Iowa. His driving record for the last 3 or before November 14, 2007. p.m., Monday through Friday, except years shows no crashes and no ADDRESSES: You may submit comments Federal holidays. convictions for moving violations in a bearing the Department of SUPPLEMENTARY INFORMATION: CMV.

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William R. Braun CDL from North Carolina. His driving injury sustained as a child. The visual Mr. Braun, 60, has had amblyopia in record for the last 3 years shows no acuity in his right eye is 20/15. his left eye since birth. The best crashes and no convictions for moving Following an examination in 2007, his corrected visual acuity in his right eye violations in a CMV. optometrist noted, ‘‘His vision and field of vision in the right eye remains is 20/20 and in the left, 20/70. Tommy R. Crouse Following an examination in 2007, his excellent and is more than adequate to Mr. Crouse, 43, has a macular scar as optometrist noted, ‘‘In my opinion, Mr. operate a commercial vehicle.’’ Mr. a result of a traumatic injury sustained Braun has sufficient vision to perform Denny reported that he has driven in 2003. The visual acuity in his right the driving tasks required to operate a straight trucks for 23 years, commercial vehicle.’’ Mr. Braun eye is count-finger-vision and in the left, accumulating 1.4 million miles. He reported that he has driven buses for 4 20/20. Following an examination in holds a Class A CDL from Oklahoma. years, accumulating 96,000 miles. He 2007, his optometrist noted, ‘‘Mr. His driving record for the last 3 years holds a Class A CDL from New Mexico. Crouse should have no trouble shows no crashes and one conviction for His driving record for the last 3 years performing the visual tasks required to a moving violation, speeding in a CMV. shows no crashes and no convictions for drive a commercial vehicle.’’ Mr. Crouse He exceeded the speed limit by 10 mph. reported that he has driven straight moving violations in a CMV. Nigel L. Farmer trucks for 2 years, accumulating 150,000 Lloyd K. Brown miles, and tractor-trailer combinations Mr. Farmer, 45, has had amblyopia in Mr. Brown, 68, has a prosthetic left for 8 years, accumulating 800,000 miles. his left eye since childhood. The best eye due to a traumatic injury sustained He holds a Class A CDL from Louisiana. corrected visual acuity in his right eye as a child. The best corrected visual His driving record for the last 3 years is 20/25 and in the left, 20/400. acuity in his right eye is 20/20. shows no crashes and no convictions for Following an examination in 2007, his Following an examination in 2007, his moving violations in a CMV. optometrist noted, ‘‘I certify that in my medical opinion, Mr. Farmer has optometrist noted, ‘‘In my opinion, he Ben W. Davis has stable sufficient vision to continue sufficient vision to perform the driving operating a CMV.’’ Mr. Brown reported Mr. Davis, 58, has had amblyopia in tasks required to operate a commercial that he has driven straight trucks for 6 his right eye since childhood. The best vehicle.’’ Mr. Farmer reported that he years, accumulating 3,300 miles, tractor- corrected visual acuity in his right eye has driven straight trucks for 24 years, trailer combinations for 31⁄2 years, is 20/50 and in the left, 20/20. accumulating 792,000 miles. He holds a accumulating 87,500 miles, and buses Following an examination in 2007, his Class A CDL from Connecticut. His for 6 years, accumulating 79,200 miles. optometrist noted, ‘‘This patient has driving record for the last 3 years shows He holds a Class B CDL from Wyoming. sufficient vision to perform the driving no crashes and no convictions for His driving record for the last 3 years tasks required to operate a commercial moving violations in a CMV. vehicle in my professional opinion.’’ shows no crashes and no convictions for Earl M. Frederick, Jr. moving violations in a CMV. Mr. Davis reported that he has driven straight trucks for 19 years, Mr. Frederick, 45, has had amblyopia Kecia D. Clark-Welch accumulating 114,000 miles, and buses in his right eye since childhood. The Ms. Clark-Welch, 42, has had for 30 years, accumulating 60,000 miles. visual acuity in his right eye is 20/400 amblyopia in her right eye since birth. He holds a Class B CDL from Ohio. His and in the left, 20/20. Following an The best corrected visual acuity in her driving record for the last 3 years shows examination in 2007, his right eye is 20/60 and in the left, 20/20. no crashes and no convictions for ophthalmologist noted, ‘‘You will note Following an examination in 2007, her moving violations in a CMV. that the patient has adequate color ophthalmologist noted, ‘‘Vision is vision, horizontal vision and his left Charles A. DeKnikker, Sr. sufficient to operate a commercial visual acuity is 20/20, which should vehicle.’’ Ms. Clark-Welch reported that Mr. DeKnikker, 54, has had amblyopia enable him to receive his commercial she has driven tractor-trailer in his right eye since birth. The best driver’s license without problem.’’ Mr. combinations for 9 years, accumulating corrected visual acuity in his right eye Frederick reported that he has driven 151,200 miles. She holds a Class A CDL is 20/200 and in the left, 20/20. straight trucks for 23 years, from North Carolina. Her driving record Following an examination in 2007, his accumulating 460,000 miles. He holds a for the last 3 years shows no crashes and optometrist noted, ‘‘I have seen Charles Class D operator’s license from South no convictions for moving violations in as a patient for over ten years and his Carolina. His driving record for the last a CMV. correction and visual status is stable and 3 years shows no crashes and no has not changed. Therefore his vision is convictions for moving violations in a Earl S. Cooper sufficient to perform the driving tasks CMV. Mr. Cooper, 60, has had amblyopia in required to operate a commercial Lorne H. Geiken his left eye since childhood. The best vehicle.’’ Mr. DeKnikker reported that corrected visual acuity in his right eye he has driven straight trucks for 35 Mr. Geiken, 36, has had amblyopia in is 20/15 and in the left, 20/200. years, accumulating 2.7 million miles, his right eye since childhood. The best Following an examination in 2007, his and tractor-trailer combinations for 19 corrected visual acuity in his right eye optometrist noted, ‘‘Mr. Cooper, in my years, accumulating 988,000 miles. He is 20/70 and in the left, 20/20. medical opinion, has sufficient vision to holds a Class A CDL from Nevada. His Following an examination in 2007, his perform the driving tasks required to driving record for the last 3 years shows optometrist noted, ‘‘In my opinion, I feel operate a commercial vehicle, as he has no crashes and no convictions for Lorne has a stable visual system and done for many years.’’ Mr. Cooper moving violations in a CMV. should have sufficient vision to perform reported that he has driven straight the driving tasks required to operate a trucks for 30 years, accumulating Everett E. Denny commercial vehicle.’’ Mr. Geiken 600,000 miles, and tractor-trailer Mr. Denny, 49, has complete loss of reported that he has driven tractor- combinations for 35 years, accumulating vision in his left eye due to aphakia and trailer combinations for 5 years, 1.9 million miles. He holds a Class A glaucoma as a result of a traumatic accumulating 625,000 miles. He holds a

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Class A CDL from South Dakota. His eye is 20/20 and in the left, 20/200. miles. He holds a Class D operator’s driving record for the last 3 years shows Following an examination in 2007, his license from Oklahoma. His driving no crashes and no convictions for optometrist noted, ‘‘In my medical record for the last 3 years shows no moving violations in a CMV. opinion, patient has enough and crashes and no convictions for moving sufficient vision to operate a violations in a CMV. John E. Halcomb commercial vehicle.’’ Mr. Holt reported Amilton T. Monteiro Mr. Halcomb, 40, had his right eye that he has driven straight trucks for 12 enucleated due to corneal damage years, accumulating 960,000 miles. He Mr. Monteiro, 26, has had amblyopia sustained as a child. The visual acuity holds a Class D operator’s license from in his right eye since childhood. The in his left eye is 20/20. Following an Massachusetts. His driving record for best corrected visual acuity in his right examination in 2006, his optometrist the last 3 years shows no crashes and eye is 20/200 and in the left, 20/20. noted, ‘‘I certify that in my medical one conviction for a moving violation, Following an examination in 2007, his opinion, Mr. Halcomb has sufficient speeding in a CMV. He exceeded the ophthalmologist noted, ‘‘In my medical vision to perform the driving tasks speed limit by 16 mph. opinion, Mr. Monteiro has sufficient required to operate a commercial vision to perform the driving tasks Judy L. Marshall vehicle.’’ Mr. Halcomb reported that he required to operate a commercial has driven straight trucks for 3 years, Ms. Marshall, 43, has had amblyopia vehicle.’’ Mr. Monteiro reported that he accumulating 15,000 miles, and tractor- in her left eye since childhood. The has driven straight trucks for 7 years, trailer combinations for 18 years, visual acuity in her right eye is 20/20 accumulating 280,000 miles. He holds a accumulating 1.8 million miles. He and in the left, 20/400. Following an Class D operator’s license from holds a Class A CDL from Georgia. His examination in 2007, her optometrist Massachusetts. His driving record for driving record for the last 3 years shows noted, ‘‘Patient has sufficient vision to the last 3 years shows no crashes and no no crashes and no convictions for operate commercial vehicle.’’ Ms. convictions for moving violations in a moving violations in a CMV. Marshall reported that she has driven CMV. straight trucks for 3 years, accumulating Michael A. Hershberger 105,000 miles, and tractor-trailer Dennis D. Moore Mr. Hershberger, 50, has had combinations for 3 years, accumulating Mr. Moore, 55, has had amblyopia in amblyopia in his left eye since birth. 105,000 miles. She holds a Class D his left eye since childhood. The best The best corrected visual acuity in his operator’s license from South Carolina. corrected visual acuity in his right eye right eye is 20/20 and in the left, 20/400. Her driving record for the last 3 years is 20/20 and in the left, 20/300. Following an examination in 2007, his shows no crashes and no convictions for Following an examination in 2007, his optometrist noted, ‘‘Based on these moving violations in a CMV. ophthalmologist noted, ‘‘I certify that he findings, it is my opinion that Michael has sufficient vision to perform the Mark A. Massengill Hershberger has sufficient vision to driving tasks required to operate a perform the tasks required to operate a Mr. Massengill, 49, has loss of vision commercial vehicle in my medical commercial vehicle.’’ Mr. Hershberger in his right eye due to retinal scarring opinion.’’ Mr. Moore reported that he reported that he has driven straight as a result of a traumatic injury has driven straight trucks for 30 years, trucks for 5 years, accumulating 200,000 sustained as a child. The best corrected accumulating 270,000 miles, and miles, and tractor-trailer combinations visual acuity in his right eye is 20/400 tractor-trailer combinations for 30 years, for 25 years, accumulating 2 million and in the left, 20/20. Following an accumulating 2.9 million miles. He miles. He holds a Class A CDL from examination in 2007, his optometrist holds a Class A CDL from New Ohio. His driving record for the last 3 noted, ‘‘It is my distinct and Hampshire. His driving record for the years shows no crashes and no unequivocal opinion that Mr. last 3 years shows no crashes and no convictions for moving violations in a Massengill has sufficient vision to convictions for moving violations in a CMV. perform the driving tasks required to CMV. operate a commercial vehicle.’’ Mr. Patrick J. Hogan, Jr. Massengill reported that he has driven David G. Oakley Mr. Hogan, 36, had his right eye straight trucks for 30 years, Mr. Oakley, 47, has amblyopia in his enucleated due to a retinoblastoma that accumulating 3.9 million miles, and right eye since birth. The best corrected required removal of the eye when he tractor-trailer combinations for 30 years, visual acuity in his right eye is 20/200 was a child. The visual acuity in his left accumulating 3.9 million miles. He and in the left, 20/20. Following an eye is 20/20. Following an examination holds a Class A CDL from Mississippi. examination in 2007, his in 2007, his optometrist noted, ‘‘Based His driving record for the last 3 years ophthalmologist noted, ‘‘It is in my on today’s examination, in my medical shows no crashes and no convictions for professional opinion that he has opinion, Mr. Hogan has sufficient vision moving violations in a CMV. sufficient vision to perform the driving to perform the driving tasks required to tasks required to operate a commercial Todd A. McBrain operate a commercial vehicle.’’ Mr. vehicle.’’ Mr. Oakley reported that he Hogan reported that he has driven Mr. McBrain, 40, has loss of vision in has driven straight trucks for 5 years, straight trucks for 12 years, his left eye due to a cataract as a result accumulating 200,000 miles. He holds a accumulating 144,000 miles. He holds a of a traumatic injury sustained as a Class D operator’s license from South Class A CDL from Delaware. His driving child. The best corrected visual acuity Carolina. His driving record for the last record for the last 3 years shows no in his right eye is 20/20 and in the left, 3 years shows no crashes and no crashes and no convictions for moving 20/200. Following an examination in convictions for moving violations in a violations in a CMV. 2007, his ophthalmologist noted, ‘‘Yes, CMV. Mr. McBrain has sufficient vision to Donald W. Holt perform the driving task to operate a John S. Olsen Mr. Holt, 56, has loss of vision in his commercial vehicle.’’ Mr. McBrain Mr. Olsen, 57, has loss of vision in his left eye due to scotoma since 1983. The reported that he has driven straight right eye due to a birth defect. The best corrected visual acuity in his right trucks for 8 years, accumulating 4,000 visual acuity in his right eye is 20/200

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and in the left, 20/20. Following an commercial vehicle.’’ Mr. Tubergen State, tribal and local governments examination in 2007, his optometrist reported that he has driven tractor- acting with the consent of a Federal noted, ‘‘After examining Mr. Olsen it is trailer combinations for 7 years, land management agency are eligible my professional impression that he has accumulating 280,000 miles. He holds a recipients. sufficient functional vision to drive a Class A CDL from Michigan. His driving FOR FURTHER INFORMATION CONTACT: commercial vehicle.’’ Mr. Olsen record for the last 3 years shows no Project sponsors who are State, local, or reported that he has driven straight crashes and two convictions for moving tribal entities may contact the trucks for 42 years, accumulating violations, one for failure to obey a appropriate FTA Regional 420,000 miles, tractor-trailer traffic signal, and one for speeding in a Administrator (See Appendix A) for combinations for 42 years, accumulating CMV. He exceeded the speed limit by 10 grant-specific issues. Project sponsors 420,000 miles, and buses for 42 years, mph. who are a Federal land management accumulating 21,000 miles. He holds a agency or a specific unit of a Federal Class A CDL from Pennsylvania. His Request for Comments land management agency should work driving record for the last 3 years shows In accordance with 49 U.S.C. 31136(e) with the contact listed below at their no crashes and no convictions for and 31315, FMCSA requests public headquarters office to coordinate the moving violations in a CMV. comment from all interested persons on availability of funds to that unit. the exemption petitions described in Thomas J. Prusik • Bureau of Land Management: Linda this notice. The Agency will consider all Force, [email protected], 202–557– Mr. Prusik, 60, has had amblyopia in comments received before the close of his right eye since birth. The best 3567. business November 14, 2007. Comments • Fish and Wildlife Service: Nathan corrected visual acuity in his right eye will be available for examination in the _ is 20/100 and in the left, 20/20. Caldwell, nathan [email protected], docket at the location listed under the 703–358–2376. Following an examination in 2007, his ADDRESSES section of this notice. The • optometrist noted, ‘‘With the left eye’s Forest Service: Ellen LaFayette, Agency will file comments received [email protected], 703–605–4509. VA of 20/20 uncorrected/corrected at after the comment closing date in the • distance, patient has sufficient vision to National Park Service: Kevin public docket, and will consider them to Percival, [email protected], 303– perform the driving tasks required to the extent practicable. In addition to late operate a commercial vehicle.’’ Mr. 969–2429. comments, FMCSA will also continue to For general information about the Prusik reported that he has driven file, in the public docket, relevant Alternative Transportation in the Parks straight trucks for 411⁄2 years, information that becomes available after and Public Lands program, please accumulating 311,250 miles. He holds a the comment closing date. Interested contact Scott Faulk, Office of Program Class A CDL from New Jersey. His persons should monitor the public Management, Federal Transit driving record for the last 3 years shows docket for new material. Administration, [email protected], no crashes and no convictions for 202–366–1660. moving violations in a CMV. Issued on: October 5, 2007. Larry W. Minor, SUPPLEMENTARY INFORMATION: A total of Glen W. Sterling Associate Administrator for Policy and $23,000,000 was appropriated for FTA’s Mr. Sterling, 42, has loss of vision in Program Development. ATPPL program in FY 2007. Of this his right eye due to a macular scar as a [FR Doc. E7–20208 Filed 10–12–07; 8:45 am] amount, a maximum of $20,596,500 was result of a traumatic injury sustained as BILLING CODE 4910–EX–P available for project awards; $115,000 a child. The visual acuity in his right was reserved for oversight activities; eye is 20/20 and in the left, 20/200. and up to $2,300,000 was available for Following an examination in 2007, his DEPARTMENT OF TRANSPORTATION planning, research, and technical optometrist noted, ‘‘In my medical assistance. A total of 81 applicants opinion, Mr. Sterling has sufficient Federal Transit Administration requested $55 million, more than twice vision to perform the driving tasks the amount available for projects, Alternative Transportation in Parks indicating strong competition for funds. required to operate a commercial and Public Lands Program vehicle.’’ Mr. Sterling reported that he An interagency technical review has driven straight trucks for 5 years, AGENCY: Federal Transit Administration, committee evaluated the project accumulating 25,000 miles, and tractor- DOT. proposals based on the criteria defined trailer combinations for 4 years, ACTION: Announcement of Project in 49 U.S.C. 5320(g)(2). Then, as accumulating 60,000 miles. He holds a Selections. specified in Section 5320(g), the Class D chauffeur’s license from Secretary of the Interior’s designee Louisiana. His driving record for the last SUMMARY: The U.S. Department of determined the final selection of 3 years shows no crashes and no Transportation (DOT) Federal Transit projects after consultation with and in convictions for moving violations in a Administration (FTA) announces the cooperation with the Secretary of CMV. selection of projects to be funded under Transportation’s designee. For FY 2007, Fiscal Year (FY) 2007 appropriations for the program will fund 46 projects Calvin D. Tubergen the Alternative Transportation in Parks totaling $19,788,840. Mr. Tubergen, 59, has had amblyopia and Public Lands (ATPPL) program, The goals of the program are to in his right eye since childhood. The authorized by Section 3021 of the Safe, conserve natural, historical, and cultural best corrected visual acuity in his right Accountable, Flexible, Efficient resources; reduce congestion and eye is 20/60 and in the left, 20/20. Transportation Equity Act—A Legacy pollution; improve visitor mobility and Following an examination in 2006, his for Users of 2005 (SAFETEA–LU) and accessibility; enhance visitor optometrist noted, ‘‘In my medical codified in 49 U.S.C. 5320. The ATPPL experience; and ensure access to all, opinion, Calvin’s deficiency in his right program funds capital and planning including persons with disabilities eye is stable and not progressive; and expenses for alternative transportation through alternative transportation that he has sufficient vision to perform systems in parks and public lands. projects. The projects selected for the tasks required to operate a Federal land management agencies and funding in FY 2007 represent a diverse

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set of capital and planning projects across the country, ranging from bus purchases to a ferry dock.

FY2007 ATPPL PROJECT SELECTION

Amount State Land unit/agency Project description Project type Funding recipient ($)

AK ...... Glacier Bay NP and Pre- Replace the existing Gusta- Boat/Ferry/Dock ...... Direct Grant to Alaska De- $3,000,000 serve/National Park Serv- vus passenger and partment of Transpor- ice. freight dock. tation (D2007–ATPL– 001). AK ...... Tongass National Forest/ Design, procure, and imple- Other ...... Interagency Agreement with 500,000 United States Forest ment an Intelligent Trans- United States Forest Service. portation System (ITS). Service. AZ ...... Grand Canyon National Implement an ITS that pro- Other ...... Interagency Agreement with 193,000 Park/National Park Serv- motes transit use and re- National Park Service. ice. duced congestion. AZ ...... Coronado National Forest, Fund a transportation anal- Planning ...... Interagency Agreement with 180,000 Santa Catalina Ranger ysis and feasibility study. United States Forest District, Sabino Canyon Service. Recreation Area/United States Forest Service. CA ...... Muir Woods National Monu- Lease ten clean fuel shuttle Bus ...... Interagency Agreement with 492,500 ment of the Golden Gate buses for Muir Woods National Park Service. National Recreation Area/ shuttle service and im- National Park Service. prove the Muir Woods Centennial transit stop. CA ...... Sequoia and Kings Canyon Lease five 30′ shuttle Bus ...... Interagency Agreement with 225,000 National Parks/National buses for the Giant For- National Park Service. Park Service. est Shuttle System in Se- quoia National Park. CA ...... Inyo National Forest Devils Capital cost of leasing ten Bus ...... Interagency Agreement with 100,000 Postpile National Monu- buses for the Red Mead- United States Forest ment/United States For- ows-Devils Postpile tran- Service. est Service and National sit system Funds also to Park Service. be used for visitor infor- mation on the transit sys- tem. CA ...... Yosemite National Park/Na- Lease Yosemite Area Re- Bus ...... Interagency Agreement with 264,600 tional Park Service. gional Transportation National Park Service. System (YARTS) Vehi- cles. CA ...... Yosemite National Park/Na- Complete park wide Inte- Planning ...... Interagency Agreement with 621,600 tional Park Service. grated Transportation Ca- National Park Service. pacity Assessment. CA ...... Golden Gate National Prepare operational plan for Planning ...... Interagency Agreement with 70,000 Recreation Area/National the Fort Baker Shuttle. National Park Service. Park Service. CA ...... San Francisco Maritime Na- Prepare Environmental Im- Planning ...... Interagency Agreement with 493,000 tional Historical Park, pact Statement for the National Park Service. Golden Gate National extension of the San Recreation Area/National Francisco Municipal Rail- Park Service. way Historic Streetcar Route/Line. CO ...... The Maroon Bells— Purchase 2 hybrid electric Bus ...... Direct Grant to Roaring 1,300,000 Snowmass Wilderness low-floor buses and ad- Fork Alternative Trans- Area, White River Na- vance ITS technology ini- portation Authority tional Forest/United tiatives to make transit (D2007–ATPL–002). States Forest Service. within Maroon Bells, Snowmass Wilderness Area, and White River National Forest more effi- cient and user-friendly. CO ...... U.S. Fish and Wildlife Serv- Bus acquisition to facilitate Bus ...... Interagency Agreement with 171,720 ice Rocky Mountain/Fish alternative transportation Fish and Wildlife Service. and Wildlife Service. within Rocky Mountain Arsenal National Wildlife Refuge. CO ...... Rocky Mountain National Model the effects of alter- Planning ...... Interagency Agreement with 298,817 Park/National Park Serv- native transportation on National Park Service. ice. resource protection and visitor experience in Rocky Mountain National Park.

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FY2007 ATPPL PROJECT SELECTION—Continued

Amount State Land unit/agency Project description Project type Funding recipient ($)

FL ...... Gulf Islands National Sea- Fund the Fort Pickens/ Planning ...... Interagency Agreement with 250,000 shore/National Park Serv- Gateway Community Al- National Park Service. ice. ternative Transportation Plan. MA ...... Cape Cod National Sea- Purchase five 30′ low-floor Vehicle replacement ...... Interagency Agreement with 1,850,000 shore/National Park Serv- mini-buses. National Park Service. ice. MA ...... Cape Cod National Sea- Purchase a tram to facili- Tram/Trolley ...... Interagency Agreement with 450,000 shore/National Park Serv- tate alternative transpor- National Park Service. ice. tation. MA ...... Lowell National Historic Fund maintenance and Tram/Trolley ...... Interagency Agreement with 409,650 Park/National Park Serv- safety improvements to National Park Service. ice. the existing 1.5-mile trol- ley system. MA ...... Monomoy National Wildlife Fund a planning study that Planning ...... Interagency Agreement with 100,000 Refuge, Cape Cod Na- focuses on the expansion Fish and Wildlife Service. tional Seashore/National of alternative transpor- Park Service and Fish tation in Outer and Lower and Wildlife Service. Cape Cod. MA ...... Cape Cod National Sea- Fund a study that develops Planning ...... Interagency Agreement with 250,000 shore/National Park Serv- an integrated parking and National Park Service. ice. transit plan. MA ...... Boston Harbor Islands Na- Rehabilitate the Ferry Hub Planning ...... Interagency Agreement with 100,000 tional Recreation Area/ Pier at Georges Island. National Park Service. National Park Service. MD ...... Fort McHenry National Reconfigure a transit vehi- Other ...... Interagency Agreement with 292,500 Monument and Historic cle node, which will pro- National Park Service. Site/National Park Serv- vide a safe visitor access ice. point to the park. MD ...... Fort McHenry National Conduct a feasibility study Planning ...... Interagency Agreement with 72,000 Monument and Historic to evaluate a circular trol- National Park Service. Site/National Park Serv- ley/transit system con- ice. necting Baltimore’s Inner Harbor with Fort McHenry National Park. MD etc .... Multiple Wildlife Refuges in Research and design of a Planning ...... Interagency Agreement with 248,000 Northeast (Region 5)/Fish low environmental impact Fish and Wildlife Service. and Wildlife Service. tram. MD/VA .... Chincoteague National Conduct a comprehensive Planning ...... Interagency Agreement with 270,000 Wildlife Refuge, transportation planning Fish and Wildlife Service. Assateague Island Na- study. tional Seashore/Fish and Wildlife Service and Na- tional Park Service. ME ...... Acadia National Park/Na- Purchase six propane Vehicle replacement ...... Direct Grant to Maine De- 1,096,500 tional Park Service. buses. partment of Transpor- tation (D2007–ATPL– 003). ME ...... Acadia National Park/Na- Fund a study that evaluates Planning ...... Interagency Agreement with 80,000 tional Park Service. existing conditions at all National Park Service. bus stops within Acadia National Park, and iden- tify alternative designs and strategies to improve bus stops that pose a risk to visitor safety. MI ...... Hiawatha National Forest— Replace a passenger ferry, Bus ...... Interagency Agreement with 575,000 Alger County Public purchase a tour bus, re- United States Forest Transit/United States For- habilitate a ferry dock, Service. est Service. and construct a terminal facility. MT ...... Glacier National Park and Purchase transit vehicles Bus ...... Interagency Agreement with 1,200,000 Blackfeet Indian Reserva- for Glacier National Park National Park Service. tion/National Park Serv- Transit System. ice. NJ ...... Sandy Hook Unit of Gate- Fund feasibility study on Planning ...... Interagency Agreement with 50,000 way National Recreation upgrading the Sandy National Park Service. Area/National Park Serv- Hook National Park’s ice. shuttle bus service.

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FY2007 ATPPL PROJECT SELECTION—Continued

Amount State Land unit/agency Project description Project type Funding recipient ($)

NV ...... Humboldt-Toiyabe National Fund a pilot ski season Bus ...... Interagency Agreement with 168,300 Forest/Spring Mountain shuttle project and pro- United States Forest National Recreation Area/ vide operational data for Service. United States Forest bus service between Las Service. Vegas and the Las Vegas Ski and Snowboard Resort. NY ...... Roosevelt-Vanderbilt Na- Fund a multi-year, seasonal Bus ...... Interagency Agreement with 226,800 tional Historic Site/Na- field test at Roosevelt- National Park Service. tional Park Service. Vanderbilt National His- toric Site. NY ...... Fire Island National Sea- Redesign and construct a Boat/Ferry/Dock ...... Interagency Agreement with 200,000 shore/National Park Serv- ferry terminal/visitor National Park Service. ice. transportation center. OH ...... Cuyahoga Valley National Upgrade Rockside Railroad Planning ...... Interagency Agreement with 187,000 Park/National Park Serv- Boarding Station Area. National Park Service. ice. OR ...... Lewis and Clark National Fund shuttle bus leasing Bus ...... Interagency Agreement with 43,000 Historical Park/National from Sunset Empire National Park Service. Park Service. Transit District. PA ...... Gettysburg National Military Procure three trolleys and Bus ...... Direct Grant to Adams 787,353 Park; Eisenhower Na- construct eight bus stops. County Transit Authority tional Historic Site and (D2007–ATPL–004). the Soldiers National Cemetery/National Park Service. PA ...... Valley Forge National His- Fund a pilot shuttle bus Planning ...... Interagency Agreement with 168,000 torical Park/National Park program at Valley Forge National Park Service. Service. National Historical Park. TN ...... Kennesaw Mountain Na- Conduct a technical review Planning ...... Interagency Agreement with 25,000 tional Battlefield Park/Na- of Kennesaw Mountain National Park Service. tional Park Service. National Battlefield Park shuttle bus service. TX ...... Lower Rio Grande Valley Purchase 10 transit vehi- Tram/Trolley ...... Interagency Agreement with 400,000 National Wildlife Refuge. cles to facilitate Fish and Wildlife Service. ecotourism at Texas parks, wildlife refuges, and the World Birding Center. UT ...... Bureau of Land Manage- Construct transit hub to be Other ...... Direct Grant to Grand 774,000 ment Moab Field Office, located on the north end County, Utah (D2007– Arches National Park/Bu- of Moab near the banks ATPL–005). reau of Land Manage- of the Colorado River. ment and National Park Service. UT ...... Zion National Park/National Expansion of the Zion shut- Other ...... Interagency Agreement with 151,500 Park Service. tle system’s Visitor Cen- National Park Service. ter shuttle bus stop. UT ...... Wasatch-Cache National Fund a transportation feasi- Planning ...... Interagency Agreement with 204,000 Forest, Salt Lake Ranger bility study for the Salt United States Forest District/United States For- Lake City Tri-Canyons, Service. est Service. Albion Basin area. UT ...... Zion National Park/National Fund Zion National Park Planning ...... Interagency Agreement with 150,000 Park Service. Shuttle Service Planning National Park Service. Study. VA ...... Colonial National Park/Na- Conduct visitor survey and Planning ...... Interagency Agreement with 95,000 tional Park Service. enhance operations for National Park Service. current transit system. WA ...... Wenatachee National For- Redesign the Lake Chelan Planning ...... Interagency Agreement with 5,000 est/United States Forest Dock infrastructure. United States Forest Service and National Service and National Park Service. Park Service. WY ...... National Elk Refuge and Construct a 4.2 mile trail Non-motorized ...... Direct Grant to Teton Coun- 1,000,000 Grand Teton National system from National Elk ty (D2007–ATPL–006). Park/Fish and Wildlife Refuge Visitor Center to Service and National the end of the National Park Service. Elk Refuge.

Total ...... 19,788,840

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Applying for Funds agreement to incur certain project costs project(s). Local funds expended by the Recipients who are State or local prior to receipt of the grant or grantee prior to October 15, 2007 will government entities will be required to interagency agreement and retain not be eligible for credit toward local apply for ATPPL funds electronically eligibility of the costs for subsequent match or reimbursement. Furthermore, through FTA’s electronic grant award reimbursement after the grant or the expenditure of local funds on and management system, TEAM. The agreement is approved. The recipient activities such as land acquisition, content of these grant applications must assumes all risk and is responsible for demolition, or construction, prior to the reflect the approved proposal. (Note: ensuring that all conditions are met to completion of the NEPA process, would Applications for the ATPPL program do retain eligibility, including compliance compromise FTA’s ability to comply not require Department of Labor with federal requirements such as the with Federal environmental laws and Certification.) Upon grant award, National Environmental Policy Act may render the project ineligible for payments to grantees will be made by (NEPA), SAFETEA–LU planning FTA funding. electronic transfer to the grantee’s requirements, and provisions e. When a grant for the project is financial institution through the established in the grant contract or subsequently awarded, the Financial Electronic Clearing House Operation Interagency Agreement. This automatic Status Report, in TEAM-Web, must (ECHO) system. Staff in FTA’s Regional pre-award spending authority, when indicate the use of pre-award authority, offices are available to assist applicants. triggered, permits a grantee to incur and the pre-award item in the project Recipients who are Federal land costs on an eligible transit capital or information section of TEAM should be management agencies will be required planning project without prejudice to marked ‘‘yes.’’ to enter into an interagency agreement possible future Federal participation in with FTA. FTA will administer one the cost of the project or projects. Under Reporting Requirements the authority provided in 49 U.S.C. interagency agreement with each All recipients must submit quarterly Federal land management agency 5320(h), FTA is extending pre-award authority for FY 2007 ATTPL projects milestone/progress reports to FTA receiving funding through the program containing the following information: for all of that agency’s projects. effective as of October 15, 2007, when Individual units of Federal land the projects were publicly announced. (1) Narrative description of project(s); management agencies should work with The conditions under which pre- and, the contact at their headquarters office award authority may be utilized are (2) Discussion of all budget and listed above to coordinate the specified below: schedule changes. a. Pre-award authority is not a legal or availability of funds to that unit. State and local government entities implied commitment that the project(s) should submit this information through Program Requirements will be approved for FTA assistance or FTA’s TEAM grants management that FTA will obligate Federal funds. Section 5320 requires funding system. recipients to meet certain requirements. Furthermore, it is not a legal or implied Program requirements can be found in commitment that all items undertaken The headquarters office for each the document ‘‘Alternative by the applicant will be eligible for federal land management agency should Transportation in Parks and Public inclusion in the project(s). collect a quarterly report for each of the Lands Program: Requirements for b. All FTA statutory, procedural, and projects delineated in the interagency Recipients of FY 2007 Funding’’ contractual requirements must be met. agreement and then send these reports available at http://www.fta.dot.gov/ c. No action will be taken by the (preferably by e-mail) to Scott Faulk, atppl. These requirements are grantee that prejudices the legal and FTA Office of Transit Programs, incorporated into the grant agreements administrative findings that the Federal [email protected]; 202–366–1660; and inter-agency agreements used to Transit Administrator must make in 1200 New Jersey Avenue, SE.; E44–417; fund the selected projects. order to approve a project. Washington, DC 20590. Examples can d. Local funds expended pursuant to be found on the program Web site at Pre-Award Authority this pre-award authority will be eligible http://www.fta.dot.gov/atppl. The Pre-award authority allows an agency for reimbursement if FTA later makes a quarterly reports are due to FTA on the that will receive a grant or interagency grant or interagency agreement for the dates noted below:

Quarter Covering Due date

1st Quarter Report ...... October 1–December 31 ...... January 31. 2nd Quarter Report ...... January 1–March 31 ...... April 30. 3rd Quarter Report ...... April 1–June 30 ...... July 31. 4th Quarter Report ...... July 1–September 31 ...... October 31.

In order to allow FTA to compute • An estimate of the number of FTA’s TEAM grants management aggregate program performance vehicle trips mitigated based on system. measures as required by the President’s alternative transportation system usage Federal land management agencies Management Agenda, FTA requests that and the typical number of passengers should also send this information as all recipients of funding for capital per vehicle; part of their fourth quarter report projects under the ATPPL program • Cost per passenger; and, (preferably by e-mail), to Scott Faulk, submit the following information • A note of any special services FTA, [email protected]; 202–366– annually: offered for those systems with higher 1660; 1200 New Jersey Avenue, SE.; • Annual visitation to the land unit; costs per passenger but more amenities. E44–417; Washington, DC 20590. • Annual number of persons who use State and local government entities Examples can be found on the program the alternative transportation system should submit this information as part Web site at http://www.fta.dot.gov/ (ridership/usage); of their fourth quarter report through atppl.

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Oversight Region V KRR has certified that: (1) No local traffic has moved over the line for at Recipients of FY 2007 ATPPL funds Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Marisol Simon, FTA least 2 years; (2) there has been no will be required to certify that they will Regional Administrator, 200 West Adams overhead traffic on the line for at least comply with all applicable Federal and Street, Suite 320, Chicago, IL 60606–5232, 2 years and no overhead traffic can FTA programmatic requirements. FTA (312) 353–2789. move over the line as it is stub-ended; direct grantees will complete this (3) no formal complaint filed by a user certification as part of the annual Region VI of rail service on the line (or by a state Certification and Assurances package, Arkansas, Louisiana, New Mexico, or local government entity acting on and Federal Land Management Agency Oklahoma, and Texas. Robert Patrick, FTA behalf of such user) regarding cessation recipients will complete the Regional Administrator, 819 Taylor Street, Room 8A36, Ft. Worth, TX 76102, (817) 978– of service over the line either is pending certification by signing the interagency 0550. with the Surface Transportation Board agreement. This certification is the basis or with any U.S. District Court or has for oversight reviews conducted by Region VII been decided in favor of complainant FTA. Iowa, Kansas, Missouri, and Nebraska. Mokhtee Ahmad, FTA Regional within the 2-year period; and (4) the The Secretary of Transportation and requirements at 49 CFR 1105.12 FTA have elected not to apply the Administrator, 901 Locust Street, Suite 404, Kansas City, MO 64106, (816) 329–3920. (newspaper publication) and 49 CFR triennial review requirements of 49 1152.50(d)(1) (notice to governmental U.S.C. 5307(h)(2) to ATPPL recipients Region VIII agencies) have been met. that are other Federal agencies. Instead, Colorado, Montana, North Dakota, South working with the existing oversight Dakota, Utah, and Wyoming. Terry Rosapep, As a condition to this exemption, any systems at the Federal Land FTA Regional Administrator, 12300 West employee adversely affected by the Management Agencies, FTA will Dakota, Suite 310, Lakewood, CO 80228– discontinuance of service shall be perform periodic reviews of specific 2583, (720) 963–3300. protected under Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. projects funded by the ATPPL program. Region IX 91 (1979). To address whether this These reviews will ensure that projects American Samoa, Arizona, California, meet the basic statutory, administrative, condition adequately protects affected Guam, Hawaii, Nevada, and the Northern employees, a petition for partial and regulatory requirements as Mariana Islands. Leslie Rogers, FTA Regional stipulated by this notice and the Administrator, 201 Mission Street, Suite revocation under 49 U.S.C. 10502(d) certification. To the extent possible, 2210, San Francisco, CA 94105–1839, (415) must be filed. these reviews will be coordinated with 744–3133. Provided no formal expression of other reviews of the project. FTA direct Region X intent to file an offer of financial grantees of ATPPL funds (State, local assistance (OFA) has been received, this Alaska, Idaho, Oregon, and Washington. exemption will be effective on and tribal government entities) will be Richard F. Krochalis, FTA Regional subject to all applicable triennial, State Administrator, Jackson Federal Building, 915 November 14, 2007, unless stayed management, civil rights, and other Second Avenue, Suite 3142, Seattle, WA pending reconsideration. Petitions to reviews. 98174–1002, (206) 220–7954. stay that do not involve environmental issues and formal expressions of intent Issued in Washington, DC, this 5th day of [FR Doc. E7–20213 Filed 10–12–07; 8:45 am] October, 2007. to file an OFA for continued rail service BILLING CODE 4910–57–P 3 James S. Simpson, under 49 CFR 1152.27(c)(2), must be filed by October 25, 2007.4 Petitions to Administrator. DEPARTMENT OF TRANSPORTATION reopen must be filed by November 5, Appendix A—FTA Regional Offices 2007, with: Surface Transportation Region I Surface Transportation Board Board, 395 E Street, SW., Washington, DC 20423–0001. Connecticut, Maine, Massachusetts, New [STB Docket No. AB–1013X] Hampshire, Rhode Island, and Vermont. A copy of any petition filed with the Richard Doyle, FTA Regional Administrator, Kaw River Railroad, Inc.— Board should be sent to KRR’s Kendall Square, 55 Broadway, Suite 920, Discontinuance of Service representative: Karl Morell, Ball Janik Cambridge, MA 02142–1093, (617) 494–2055. Exemption—in Clay County, MO LLP, 1455 F Street, NW., Suite 225, Region II Washington, DC 20005. Kaw River Railroad, Inc. (KRR) 1 has New Jersey and New York. Brigid Hynes- If the verified notice contains false or Cherin, FTA Regional Administrator, One filed a verified notice of exemption misleading information, the exemption Bowling Green, Room 429, New York, NY under 49 CFR part 1152 subpart F— is void ab initio. 10004–1415, (212) 668–2170. Exempt Abandonments and Discontinuances of Service to Region III 450X) (STB served Aug. 15, 2007) (BNSF discontinue service over a 0.27-mile line abandonment exemption). While BNSF was Delaware, District of Columbia, Maryland, of railroad between milepost 199.86 and authorized to abandon its rail line located between Pennsylvania, Virginia, and West Virginia. milepost 200.13, in Kearney, Clay milepost 199.07 and milepost 200.13, KRR’s lease Letitia Thompson, FTA Regional County, MO.2 The line traverses United only extended to milepost 199.86 (which explains Administrator, 1760 Market Street, Suite 500, the 0.79-mile difference in mileages sought by Philadelphia, PA 19103–4124, (215) 656– States Postal Service Zip Code 64060. BNSF and KRR). 7100. 3 Each OFA must be accompanied by the filing 1 KRR was authorized to lease and operate the fee, which currently is set at $1,300. See 49 CFR Region IV line in Kaw River Railroad, Inc.—Lease and 1002.2(f)(25). 4 Alabama, Florida, Georgia, Kentucky, Operation Exemption—BNSF Railway Company, Because this is a discontinuance proceeding and STB Finance Docket No. 34693 (STB served May Mississippi, North Carolina, Puerto Rico, not an abandonment, trail use/rail banking and 12, 2005). public use conditions are not appropriate. Any South Carolina, Tennessee, and Virgin 2 BNSF Railway Company (BNSF) was authorized environmental or historical documentation required Islands. Yvette Taylor, FTA Regional to abandon the above-described line in BNSF here under 49 CFR 1105.6(c) and 1105.8(b), Administrator, 61 Forsyth Street, SW., Suite Railway Company—Abandonment Exemption—in respectively, is contained in the reports filed in the 17T50, Atlanta, GA 30303, (404) 865–5600. Clay County, MO, STB Docket No. AB–6 (Sub-No. BNSF abandonment exemption.

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Board decisions and notices are of Economic Analysis in the Department DEPARTMENT OF THE TREASURY available on our Web site at http:// of the Commerce, the Office of Tax www.stb.dot.gov. Analysis in the Department of the Internal Revenue Service Treasury, and the Joint Committee on Decided: October 5, 2007. Proposed Collection; Comment Taxation in the U.S. Congress for tax By the Board, David M. Konschnik, Request for Form 8453–EX Director, Office of Proceedings. analysis purposes. Vernon A. Williams, Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), Secretary. being made to the survey at this time. Treasury ACTION: [FR Doc. E7–20113 Filed 10–12–07; 8:45 am] Type of Review: Extension of a Notice and request for comments. BILLING CODE 4915–01–P currently approved collection. Affected Public: Business or other for- SUMMARY: The Department of the profit organizations. Treasury, as part of its continuing effort DEPARTMENT OF THE TREASURY to reduce paperwork and respondent Estimated Number of Respondents: burden, invites the general public and Internal Revenue Service 175. other Federal agencies to take this Estimated Time per Respondent: 30 Proposed Collection; Comment opportunity to comment on proposed minutes. Request for the Statistics of Income and/or continuing information (SOI) Corporate Survey Estimated Total Annual Burden collections, as required by the Hours: 88. Paperwork Reduction Act of 1995, AGENCY: Internal Revenue Service (IRS), Public Law 104–13 (44 U.S.C. The following paragraph applies to all Treasury. 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered ACTION: Notice and request for soliciting comments concerning Form by this notice: comments. 8453–EX, Excise Tax Declaration for an An agency may not conduct or IRS e-file Return. SUMMARY: The Department of the sponsor, and a person is not required to DATES: Written comments should be Treasury, as part of its continuing effort respond to, a collection of information received on or before December 14, 2007 to reduce paperwork and respondent unless the collection of information to be assured of consideration. burden, invites the general public and displays a valid OMB control number. ADDRESSES: Direct all written comments other Federal agencies to take this Books or records relating to a collection opportunity to comment on proposed to Glenn P. Kirkland, Internal Revenue of information must be retained as long Service, room 6129, 1111 Constitution and/or continuing information as their contents may become material collections, as required by the Avenue, NW., Washington, DC 20224. in the administration of any internal FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, revenue law. Generally, tax returns and Public Law 104–13 (44 U.S.C. Requests for additional information or tax return information are confidential, copies of the form and instructions 3506(c)(2)(A)). Currently, the IRS is as required by 26 U.S.C. 6103. soliciting comments concerning the should be directed to R. Joseph Durbala, Statistics of Income (SOI) Corporate Request for Comments: Comments (202) 622–3634, at Internal Revenue Survey. submitted in response to this notice will Service, room 6129, 1111 Constitution be summarized and/or included in the Avenue, NW., Washington, DC 20224, DATES: Written comments should be request for OMB approval. All or through the Internet at received on or before December 14, 2007 comments will become a matter of [email protected]. to be assured of consideration. public record. SUPPLEMENTARY INFORMATION: ADDRESSES: Direct all written comments Title: Excise Tax Declaration for an to Glenn P. Kirkland, Internal Revenue Comments are Invited on: (a) Whether IRS e-file Return. Service, room 6129, 1111 Constitution the collection of information is necessary for the proper performance of OMB Number: 1545–2082. Avenue, NW., Washington, DC 20224. Form Number: Form 8453–EX. FOR FURTHER INFORMATION CONTACT: the functions of the agency, including whether the information shall have Abstract: Form 8453–EX, Excise Tax Requests for additional information or Declaration for an IRS e-file Return, will practical utility; (b) the accuracy of the copies of the survey should be directed be used in the Modernized e-File agency’s estimate of the burden of the to R. Joseph Durbala at Internal Revenue program. This form is necessary to collection of information; (c) ways to Service, room 6129, 1111 Constitution enable the electronic filing of Forms enhance the quality, utility, and clarity Avenue, NW., Washington, DC 20224, 720, 2290, and 8849. The authority to e- of the information to be collected; (d) or at (202) 622–3634, or through the file Form 2290 is Internal Revenue Code Internet at [email protected]. ways to minimize the burden of the section 4481(e), as added by section SUPPLEMENTARY INFORMATION: collection of information on 867(c) of Pub. L. 108–357. Title: Statistics of Income (SOI) respondents, including through the use Current Actions: There is no change Corporate Survey. of automated collection techniques or in the paperwork burden previously OMB Number: 1545–1351. other forms of information technology; approved by OMB. This form is being Abstract: The SOI Corporate Survey is and (e) estimates of capital or start-up submitted for renewal purposes only. a yearly self-administered mail survey costs and costs of operation, Type of Review: Extension of a sent to a small select group of the very maintenance, and purchase of services currently approved collection. largest U.S. corporations. The survey is to provide information. Affected Public: Individuals or voluntary and requests specific line Approved: October 5, 2007. households, Farms, Business or other item tax return data. The survey data are for-profit institutions, Federal Glenn P. Kirkland, used to supplement the SOI corporate Government, Not-for-profit institutions, files in order to produce corporate IRS Reports Clearance Officer. or State, Local or Tribal Government. advance tax data estimates. Advance tax [FR Doc. E7–20186 Filed 10–12–07; 8:45 am] Estimated Number of Respondents: data has been requested by the Bureau BILLING CODE 4830–01–P 15,000.

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Estimated Time per Respondent: 2 and/or continuing information Books or records relating to a collection hours 50 minutes. collections, as required by the of information must be retained as long Estimated Total Annual Burden Paperwork Reduction Act of 1995, as their contents may become material Hours: 42,600. Public Law 104–13 (44 U.S.C. in the administration of any internal The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is revenue law. Generally, tax returns and of the collections of information covered soliciting comments concerning REG– tax return information are confidential, by this notice: 159824–04, Regulations governing as required by 26 U.S.C. 6103. An agency may not conduct or Practice Before the Internal Revenue Request for Comments: Comments sponsor, and a person is not required to Service. submitted in response to this notice will respond to, a collection of information be summarized and/or included in the DATES: Written comments should be unless the collection of information request for OMB approval. All received on or before December 14, 2007 displays a valid OMB control number. comments will become a matter of to be assured of consideration. Books or records relating to a collection public record. of information must be retained as long ADDRESSES: Direct all written comments Comments are Invited on: (a) Whether as their contents may become material to Glenn P. Kirkland, Internal Revenue the collection of information is in the administration of any internal Service, room 6129, 1111 Constitution necessary for the proper performance of revenue law. Generally, tax returns and Avenue, NW., Washington, DC 20224. the functions of the agency, including tax return information are confidential, FOR FURTHER INFORMATION CONTACT: whether the information shall have as required by 26 U.S.C. 6103. Requests for additional information or practical utility; (b) the accuracy of the Request for Comments: Comments copies of the form and instructions agency’s estimate of the burden of the submitted in response to this notice will should be directed to R. Joseph Durbala, collection of information; (c) ways to be summarized and/or included in the (202) 622–3634, at Internal Revenue enhance the quality, utility, and clarity request for OMB approval. All Service, room 6129, 1111 Constitution of the information to be collected; (d) comments will become a matter of Avenue, NW., Washington, DC 20224, ways to minimize the burden of the public record. or through the Internet at collection of information on Comments are Invited on: (a) Whether [email protected]. respondents, including through the use the collection of information is SUPPLEMENTARY INFORMATION: of automated collection techniques or necessary for the proper performance of Title: Regulations governing Practice other forms of information technology; the functions of the agency, including Before the Internal Revenue Service. and (e) estimates of capital or start-up whether the information shall have OMB Number: 1545–1916. costs and costs of operation, practical utility; (b) the accuracy of the Form Number: REG–159824–04. maintenance, and purchase of services agency’s estimate of the burden of the Abstract: This collection of to provide information. collection of information; (c) ways to information is necessary to ensure Approved: October 5, 2007. enhance the quality, utility, and clarity practitioners comply with minimum Glenn P. Kirkland, of the information to be collected; (d) standards when writing a State or local ways to minimize the burden of the IRS Reports Clearance Officer. bond opinion. A practitioner may collection of information on [FR Doc. E7–20190 Filed 10–12–07; 8:45 am] provide a single opinion or may provide respondents, including through the use BILLING CODE 4830–01–P a combination of documents, but only if of automated collection techniques or the documents, taken together, satisfy other forms of information technology; the requirements of 31 CFR 10.39. In and (e) estimates of capital or start-up DEPARTMENT OF THE TREASURY addition, the collection of information costs and costs of operation, will assist the Commissioner, through Internal Revenue Service maintenance, and purchase of services the Office of Professional to provide information. Responsibility, to ensure that Proposed Collection; Comment Approved: October 5, 2007. practitioners properly advise taxpayers Request for Cognitive and Glenn P. Kirkland, regarding state or local bonds. Psychological Research Coordinated IRS Reports Clearance Officer. Current Actions: There is no change by Statistics of Income on Behalf of All IRS Operations Functions [FR Doc. E7–20188 Filed 10–12–07; 8:45 am] in the paperwork burden previously BILLING CODE 4830–01–P approved by OMB. This form is being AGENCY: Internal Revenue Service (IRS), submitted for renewal purposes only. Treasury. Type of Review: Extension of a ACTION: Notice and request for DEPARTMENT OF THE TREASURY currently approved collection. comments. Affected Public: Individuals and Internal Revenue Service Households. SUMMARY: The Department of the Estimated Number of Respondents: Treasury, as part of its continuing effort Proposed Collection; Comment 1,500. to reduce paperwork and respondent Request for REG–159824–04 Estimated Time per Respondent: 2 burden, invites the general public and AGENCY: Internal Revenue Service (IRS), hours. other Federal agencies to take this Treasury. Estimated Total Annual Burden opportunity to comment on proposed ACTION: Notice and request for Hours: 30,000. and/or continuing information comments. The following paragraph applies to all collections, as required by the of the collections of information covered Paperwork Reduction Act of 1995, SUMMARY: The Department of the by this notice: Public Law 104–13 (44 U.S.C. Treasury, as part of its continuing effort An agency may not conduct or 3506(c)(2)(A)). Currently, the IRS is to reduce paperwork and respondent sponsor, and a person is not required to soliciting comments concerning burden, invites the general public and respond to, a collection of information Cognitive and Psychological Research other Federal agencies to take this unless the collection of information Coordinated by Statistics of Income on opportunity to comment on proposed displays a valid OMB control number. Behalf of All IRS Operations Functions.

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DATES: Written comments should be comments will become a matter of e-mail to received on or before December 14, 2007 public record. [email protected]. to be assured of consideration. Comments Are Invited on: (a) OTS will post comments and the related ADDRESSES: Direct all written comments Whether the collection of information is index on the OTS Internet Site at to Glenn P. Kirkland, Internal Revenue necessary for the proper performance of www.ots.treas.gov. In addition, Service, room 6129, 1111 Constitution the functions of the agency, including interested persons may inspect Avenue, NW., Washington, DC 20224. whether the information shall have comments at the Public Reading Room, FOR FURTHER INFORMATION CONTACT: practical utility; (b) the accuracy of the 1700 G Street, NW., by appointment. To Requests for additional information or agency’s estimate of the burden of the make an appointment, call (202) 906– copies of information collection should collection of information; (c) ways to 5922, send an e-mail to be directed to R. Joseph Durbala at enhance the quality, utility, and clarity [email protected], or send a Internal Revenue Service, room 6129, of the information to be collected; (d) facsimile transmission to (202) 906– 1111 Constitution Avenue, NW., ways to minimize the burden of the 7755. Washington, DC 20224, or at (202) 622– collection of information on FOR FURTHER INFORMATION CONTACT: For 3634, or through the Internet at respondents, including through the use further information or to obtain a copy [email protected]. of automated collection techniques or of the submission to OMB, please other forms of information technology; SUPPLEMENTARY INFORMATION: contact Ira L. Mills at, and (e) estimates of capital or start-up [email protected] (202) 906–6531, Title: Cognitive and Psychological costs and costs of operation, Research Coordinated by Statistics of or facsimile number (202) 906–6518, maintenance, and purchase of services Litigation Division, Chief Counsel’s Income on Behalf of All IRS Operations to provide information. Functions. Office, Office of Thrift Supervision, OMB Number: 1545–1349. Approved: October 5, 2007. 1700 G Street, NW., Washington, DC Abstract: The proposed research will Glenn P. Kirkland, 20552. improve the quality of data collection by IRS Reports Clearance Officer. SUPPLEMENTARY INFORMATION: OTS may examining the psychological and [FR Doc. E7–20192 Filed 10–12–07; 8:45 am] not conduct or sponsor an information cognitive aspects of methods and BILLING CODE 4830–01–P collection, and respondents are not procedures such as: Interviewing required to respond to an information processes, forms redesign, survey and collection, unless the information tax collection technology and operating DEPARTMENT OF THE TREASURY collection displays a currently valid procedures (internal and external in OMB control number. As part of the nature). Office of Thrift Supervision approval process, we invite comments Current Actions: We will be Submission for OMB Review; on the following information collection. conducting different opinion surveys, Title of Proposal: Community focus group sessions, think-aloud Comment Request—Community Reinvestment Act Reinvestment Act. interviews, and usability studies OMB Number: 1550–0012. regarding cognitive research AGENCY: Office of Thrift Supervision Form Number: N/A. surrounding forms submission or IRS (OTS), Treasury. Regulation requirement: 12 CFR Part system/product development. ACTION: Notice and request for comment. 563e. Type of Review: Revision of a Description: This submission covers currently approved collection. SUMMARY: The proposed information an extension of OTS’s currently Affected Public: Individuals and collection request (ICR) described below approved information collection in 12 businesses or other for-profit has been submitted to the Office of CFR part 563e. The submission involves organizations. Management and Budget (OMB) for no change to the regulations or to the Estimated Number of Respondents: review and approval, as required by the information collection. 75,000. Paperwork Reduction Act of 1995. OTS OTS needs the information collected Estimated Average Time per is soliciting public comments on the to fulfill its obligations under the Respondent: 30 minutes. proposal. Community Reinvestment Act (CRA) (12 Estimated Total Annual Burden U.S.C. 2901 et seq.) to evaluate and Hours: 37,750. DATES: Submit written comments on or assign ratings to the performance of The following paragraph applies to all before November 14, 2007. A copy of institutions, in connection with helping of the collections of information covered this ICR, with applicable supporting to meet the credit needs of their by this notice: documentation, can be obtained from communities, including low- and An agency may not conduct or RegInfo.gov at http://www.reginfo.gov/ moderate-income neighborhoods, sponsor, and a person is not required to public/do/PRAMain. consistent with safe and sound banking respond to, a collection of information ADDRESSES: Send comments, referring to practices. OTS uses the information in unless the collection of information the collection by title of the proposal or the examination process and in displays a valid OMB control number. by OMB approval number, to OMB and evaluating applications for mergers, Books or records relating to a collection OTS at these addresses: Office of branches, and certain other corporate of information must be retained as long Information and Regulatory Affairs, activities. Financial institutions as their contents may become material Attention: Desk Officer for OTS, U.S. maintain and provide the information to in the administration of any internal Office of Management and Budget, 725– OTS. revenue law. Generally, tax returns and 17th Street, NW., Room 10235, Type of Review: Extension of a tax return information are confidential, Washington, DC 20503, or by fax to currently approved collection. as required by 26 U.S.C. 6103. (202) 395–6974; and Information Affected Public: Business or other for- Request for Comments: Comments Collection Comments, Chief Counsel’s profit; Individuals. submitted in response to this notice will Office, Office of Thrift Supervision, Estimated Number of Respondents: be summarized and/or included in the 1700 G Street, NW., Washington, DC 838. request for OMB approval. All 20552, by fax to (202) 906–6518, or by Estimated Number of Responses: 838.

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Estimated Frequency of Response: On 1700 G Street, NW., Washington, DC Dated: October 9, 2007. occasion. 20552. Deborah Dakin, OMB Reviewer: Desk Officer for OTS, Estimated Total Burden: 76,463 Senior Deputy Chief Counsel, Regulations and Fax: (202) 395–6974, U.S. Office of hours. Legislation Division. Management and Budget, 725–17th [FR Doc. E7–20218 Filed 10–12–07; 8:45 am] Clearance Officer: Ira L. Mills, (202) Street, NW., Room 10235, Washington, BILLING CODE 6720–01–P 906–6531, Office of Thrift Supervision, DC 20503.

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Corrections Federal Register Vol. 72, No. 198

Monday, October 15, 2007

This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE DEPARTMENT OF THE TREASURY contains editorial corrections of previously published Presidential, Rule, Proposed Rule, Animal and Plant Health Inspection Internal Revenue Service and Notice documents. These corrections are Service prepared by the Office of the Federal 26 CFR Parts 1 and 602 Register. Agency prepared corrections are 9 CFR Parts 93, 94, 95, and 96 issued as signed documents and appear in the appropriate document categories [Docket No. APHIS–2006–0041] [TD 9353] elsewhere in the issue. RIN 0579–AC01 RIN 1545–BC67 Bovine Spongiform Encephalopathy; Minimal–Risk Regions; Importation of Section 1045 Application to Live Bovines and Products Derived Partnerships from Bovines Correction Correction In rule document E7–15948 beginning In rule document 07–4595 beginning on page 45346 in the issue of Tuesday, on page 53314 in the issue of Tuesday, August 14, 2007, make the following September 18, 2007, make the following correction: correction: On page 45347, in the first column, in On page 53332, in the third column, the last line of the first paragraph, in the first paragraph, in the fifthteenth ‘‘§ 601.601(d)(2)(ii)(b)’’ should read line, ‘‘RO’’ should read ‘‘ R0’’. ‘‘§ 601.601(d)(2)(ii)(b)’’. [FR Doc. C7–4595 Filed 10–12–07; 8:45 am] [FR Doc. Z7–15948 Filed 10–12–07; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D

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Part II

Environmental Protection Agency 40 CFR Part 112 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements—Amendments; Proposed Rule

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ENVIRONMENTAL PROTECTION OPA–2007–0584, by one of the either electronically in AGENCY following methods: www.regulations.gov or in hard copy at • http://www.regulations.gov: Follow the EPA Docket, EPA/DC, EPA West, 40 CFR Part 112 the on-line instructions for submitting Room 3334, 1301 Constitution Ave., [EPA–HQ–OPA–2007–0584; FRL–8479–7] comments. NW., Washington, DC. The Public • Mail: EPA Docket, Environmental Reading Room is open from 8:30 a.m. to RIN 2050–AG16 Protection Agency, Mail code: 2822T, 4:30 p.m., Monday through Friday, 1200 Pennsylvania Ave., NW., excluding legal holidays. The telephone Oil Pollution Prevention; Spill Washington, DC 20460. number for the Public Reading Room is Prevention, Control, and • Hand Delivery: EPA/DC, EPA West, (202) 566–1744, and the telephone Countermeasure Rule Requirements— Room 3334, 1301 Constitution Ave., number for the EPA Docket is (202) Amendments NW., Washington, DC. Such deliveries 566–0276. are only accepted during the Docket’s AGENCY: Environmental Protection normal hours of operation, and special FOR FURTHER INFORMATION CONTACT: For Agency. arrangements should be made for general information, contact the ACTION: Proposed rule. deliveries of boxed information. Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800–424–9346 or SUMMARY: The Environmental Protection Instructions: Direct your comments to Docket ID No. EPA–HQ–OPA–2007– TDD 800–553–7672 (hearing impaired). Agency (EPA or the Agency) is In the Washington, DC metropolitan proposing to amend the Spill 0584. EPA’s policy is that all comments received will be included in the public area, call 703–412–9810 or TDD 703– Prevention, Control, and 412–3323. For more detailed Countermeasure (SPCC) rule in order to docket without change and may be made available online at information on specific aspects of this provide increased clarity, to tailor proposed rule, contact either Vanessa E. requirements to particular industry www.regulations.gov, including any personal information provided, unless Rodriguez at 202–564–7913 sectors, and to streamline certain ([email protected]), or Mark requirements for a facility owner or the comment includes information claimed to be Confidential Business W. Howard at 202–564–1964 operator subject to the rule. Specifically, Information (CBI) or other information ([email protected]), U.S. EPA is proposing to: Exempt hot-mix whose disclosure is restricted by statute. Environmental Protection Agency, 1200 asphalt; exempt pesticide application Do not submit information that you Pennsylvania Avenue, NW., equipment and related mix containers consider to be CBI or otherwise Washington, DC 20460–0002, Mail Code used at farms; exempt heating oil protected through www.regulations.gov 5104A. containers at single-family residences; or e-mail. The www.regulations.gov Web amend the facility diagram requirement SUPPLEMENTARY INFORMATION: The site is an ‘‘anonymous access’’ system, to provide additional flexibility for all contents of this preamble are: which means EPA will not know your facilities; amend the definition of identity or contact information unless I. General Information ‘‘facility’’ to clarify the flexibility II. Entities Potentially Affected by This you provide it in the body of your Proposed Rule associated with describing a facility’s comment. If you send an e-mail boundaries; define ‘‘loading/unloading III. Statutory Authority and Delegation of comment directly to EPA without going Authority rack’’ to clarify the equipment subject to through www.regulations.gov, your e- the provisions for facility tank car and IV. Background mail address will be automatically V. This Action tank truck loading/unloading racks; captured and included as part of the A. Hot-Mix Asphalt provide streamlined requirements for a comment that is placed in the public 1. Proposed Exemption for Hot-Mix subset of qualified facilities; amend the docket and made available on the Asphalt general secondary containment Internet. If you submit an electronic 2. Alternative Options Considered requirement to provide more clarity; comment, EPA recommends that you B. Farms 1. Exemption for Pesticide Application amend the security requirements for all include your name and other contact facilities; amend the integrity testing Equipment and Related Mix Containers information in the body of your 2. Applicability of Mobile Refueler requirements to allow a greater amount comment and with any disk or CD–ROM of flexibility in the use of industry Requirements to Farm Nurse Tanks you submit. If EPA cannot read your 3. Alternative Options Considered standards at all facilities; amend the comment due to technical difficulties C. Residential Heating Oil Containers integrity testing requirements for and cannot contact you for clarification, 1. Exemption for Residential Heating Oil containers that store animal fat or EPA may not be able to consider your Containers vegetable oil and meet certain criteria; comment. Electronic files should avoid 2. Alternative Option Considered: streamline a number of requirements for the use of special characters, any form Exemption for Residential Heating Oil Containers Only at Farms oil production facilities; and exempt of encryption, and be free of any defects completely buried oil storage tanks at D. Definition of Facility or viruses. For additional information 1. Proposed Revisions to the Definition of nuclear power generation facilities. about EPA’s public docket, visit the EPA These changes tailor requirements to Facility Docket Center homepage at http:// 2. Determining the Components of a particular industries for easier and www.epa.gov/epahome/dockets.htm. Facility: Examples of Aggregation or increased compliance, resulting in Docket: All documents in the docket Separation greater protection of human health and are listed in the www.regulations.gov 3. Alternative Options Considered the environment. EPA is also providing index. Although listed in the index, E. Facility Diagram clarification in the preamble to this some information is not publicly 1. Proposed Revision to the Facility proposed rule on additional issues available, e.g., CBI or other information Diagram Requirement raised by the regulated community. 2. Indicating Complicated Areas of Piping whose disclosure is restricted by statute. or Oil-Filled Equipment on a Facility DATES: Comments must be received on Certain other material, such as Diagram or before December 14, 2007. copyrighted material, will be publicly F. Loading/Unloading Racks ADDRESSES: Submit your comments, available only in hard copy. Publicly 1. Proposed Loading/Unloading Rack identified by Docket ID No. EPA–HQ– available docket materials are available Definition

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2. Requirements for Loading/Unloading Prevention, Control, and able to include that information Racks Countermeasure (SPCC) rule to address separately in the SPCC Plan in an 3. Exclusions a number of issues that have been raised accompanying table or key. For any 4. Alternative Option Considered: No by the regulated community. These mobile or portable containers located in Action G. Tier I Qualified Facilities proposed amendments are intended to a certain area of the facility, an owner 1. Eligibility Criteria increase clarity, tailor, and streamline or operator would be able to mark that 2. Provisions for Tier I Qualified Facilities certain requirements for a facility owner area on the diagram where such 3. SPCC Plan Template or operator who is required to prepare containers are stored. If the total number 4. Self-Certification and Plan Amendments an SPCC Plan. Specifically: of mobile or portable containers changes 5. Tier II Qualified Facility Requirements • EPA proposes to exempt hot-mix on a frequent basis, the owner or 6. Alternative Options Considered: No asphalt (HMA) from the SPCC operator would be able to indicate the Action requirements. EPA believes it is potential range in number of containers H. General Secondary Containment unnecessary to apply the SPCC and the anticipated contents and 1. Proposed Revisions to the General requirements to HMA. EPA would Secondary Containment Requirement capacities of the mobile or portable 2. Alternative Option Considered: No continue to regulate asphalt cement, containers maintained at the facility in Action asphalt emulsions, and cutbacks, which the Plan. 3. General Secondary Containment for are not hot-mix asphalt, but is • EPA proposes to define the term Non-Transportation-Related Tank Trucks describing in this notice the flexibility ‘‘loading/unloading rack’’ and specify I. Security contained in the SPCC rule regarding that this definition would govern the 1. Proposed Revisions to the Security these materials. applicability of the provision at Requirements • EPA proposes certain tailored § 112.7(h), Facility tank car and tank 2. Alternative Option Considered: No requirements benefiting farms. truck loading/unloading rack. This Action Specifically, EPA proposes to exempt amendment would provide clarity to the J. Integrity Testing 1. Proposed Amendments to Integrity pesticide application equipment and regulated community over whether this Testing Requirements related mix containers used at farms, provision applies to a facility. 2. Alternative Option Considered: No that may currently be subject to the Furthermore, EPA is proposing to Action SPCC rule when crop oil or adjuvant oil specifically exclude oil production K. Animal Fats and Vegetable Oils are added to formulations. In addition, facilities and farms from the 1. Differentiation Criteria EPA seeks to clarify that the amendment requirements at § 112.7(h), because 2. Required Recordkeeping related to mobile refuelers, as loading/unloading racks are not L. Oil Production Facilities promulgated in the December 2006 rule typically found at these facilities 1. Definition of Production Facility amendments (71 FR 77266, December (loading/unloading activities at these 2. SPCC Plan Preparation and Implementation 26, 2006), can be used by farmers to facilities will remain subject to the 3. Flowlines and Intra-facility Gathering address oil spill prevention general secondary containment Lines requirements for fuel nurse tanks. requirements of § 112.7(c)). EPA also 4. Flow-Through Process Vessels • EPA proposes to exempt residential proposes editorial revisions to the 5. Small Oil Production Facilities heating oil containers, i.e., those used provision at § 112.7(h) for clarity. 6. Produced Water Storage Containers solely at single-family residences, from • EPA proposes to streamline and 7. Clarification of the Definition of the SPCC requirements. This exemption tailor the SPCC requirements for a Permanently Closed Containers would apply to aboveground containers, subset of qualified facilities. Qualified 8. Oil and Natural Gas Pipeline Facilities as well as completely buried heating oil facilities were addressed in a recent M. Man-Made Structures tanks at single-family residences, 1. Secondary Containment amendment to the SPCC rule (71 FR including those located at farms. 77266, December 26, 2006). The owner 2. Integrity Testing • N. Underground Emergency Diesel EPA proposes to modify the or operator of such a facility was Generator Tanks at Nuclear Power definition of ‘‘facility’’ to clarify that provided an option to self-certify his Stations contiguous or non-contiguous buildings, SPCC Plan and comply with other O. Wind Turbines properties, parcels, leases, structures, streamlined requirements. This P. Technical Corrections installations, pipes, or pipelines may be proposed rule further defines a subset of VII. Statutory and Executive Order Reviews considered separate facilities, and to qualified facilities (‘‘Tier I qualified A. Executive Order 12866—Regulatory specify that the ‘‘facility’’ definition facilities’’) as those that meet the current Planning and Review governs the applicability of 40 CFR part B. Paperwork Reduction Act qualified facilities eligibility criteria and C. Regulatory Flexibility Act 112. These proposed revisions would that have no oil storage containers with D. Unfunded Mandates Reform Act allow an owner or operator to separate an individual storage capacity greater E. Executive Order 13132—Federalism or aggregate containers to determine the than 5,000 gallons. A Tier I qualified F. Executive Order 13175—Consultation facility boundaries, based on such facility would have the option to and Coordination With Indian Tribal factors as ownership or operation of the complete a self-certified SPCC Plan Governments buildings, structures, containers, and template (proposed as Appendix G to 40 G. Executive Order 13045—Protection of equipment on the site, the activities CFR part 112) in lieu of a full SPCC Children From Environmental Health & being conducted, property boundaries, Plan. By completing the SPCC Plan Safety Risks and other relevant considerations. template, an owner or operator of a Tier H. Executive Order 13211—Actions That • EPA proposes to revise the facility Significantly Affect Energy Supply, I qualified facility would certify that the Distribution, or Use diagram requirement at § 112.7(a)(3) to facility complies with a set of I. National Technology Transfer and clarify how containers, fixed and streamlined SPCC rule requirements. Advancement Act mobile, are identified on the facility All other qualified facilities will be diagram. Where facility diagrams designated ‘‘Tier II qualified facilities’’. I. General Information become complicated due to the presence • EPA proposes to amend the general The Environmental Protection Agency of multiple fixed oil storage containers secondary containment requirement at (EPA or the Agency) is proposing or complex piping/transfer areas at a § 112.7(c) to make clear that the scope several amendments to the Spill facility, the owner or operator would be of secondary containment takes into

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consideration the typical failure mode, industry standards to determine the while maintaining general secondary and most likely quantity of oil that appropriate qualifications for tank containment requirements and requiring would be discharged, consistent with inspectors/testing personnel and the additional oil spill prevention measures; current Agency guidance. This proposed type/frequency of integrity testing exempt flowlines and intra-facility amendment would also provide required for a particular container size gathering lines at oil production additional examples of prevention and configuration. This proposed action facilities from all secondary systems for onshore facilities found at would extend the streamlined bulk containment requirements, while § 112.7(c)(1). storage container inspection establishing more specific requirements • EPA proposes to amend the facility requirement that EPA provided to for a flowline/intra-facility gathering security requirements at § 112.7(g) to qualified facilities in the December 2006 line maintenance program and allow an owner or operator to tailor his final rule (71 FR 77266, December 26, contingency planning; and clarify the security measures to the facility’s 2006) to all facilities subject to the specific characteristics and location. A integrity testing provision. definition of ‘‘permanently closed’’ as it facility owner or operator would be • EPA proposes to differentiate the applies to an oil production facility. required to describe in the SPCC Plan integrity testing requirements at EPA also describes approaches that how he secures and controls access to § 112.12(c)(6) for an owner or operator would establish alternative criteria for the oil handling, processing, and storage of a facility that handles certain types of an oil production facility to be eligible areas; secures master flow and drain animal fats and vegetable oils. to self-certify an SPCC Plan as a valves; prevents unauthorized access to Specifically, EPA proposes to provide qualified facility, and approaches to starter controls on oil pumps; secures the PE or an owner/operator certifying address produced water storage out-of-service and loading/unloading an SPCC Plan with the flexibility to containers at oil production facilities. connections of oil pipelines; and determine the scope of integrity testing • EPA proposes to exempt completely addresses the appropriateness of that is appropriate for containers that buried oil storage tanks at nuclear security lighting to both prevent acts of store animal fats or vegetable oil and power generation facilities that are vandalism and assist in the discovery of that meet other criteria. subject to design criteria under Nuclear oil discharges. This proposed action • EPA proposes several amendments would extend the streamlined security to tailor the requirements for oil Regulatory Commission regulations. requirements that EPA provided to a production facilities to address a In this notice, EPA is also clarifying qualified facility in the December 2006 number of concerns that have been a number of issues of concern to the final rule (71 FR 77266, December 26, raised by representatives of this sector. regulated community, including: the 2006) to all facilities subject to the Specifically, EPA is proposing to: consideration of man-made structures in security requirements. Modify the definition of production determining how to comply with SPCC • EPA proposes to amend the facility, consistent with the proposed rule requirements; and the applicability requirements at §§ 112.8(c)(6) and amendments to the definition of facility; of the rule to wind turbines that are 112.12(c)(6) to provide flexibility in extend the timeframe by which a new used to produce electricity. EPA also complying with bulk storage container oil production facility must prepare and proposes technical corrections to integrity testing requirements. implement an SPCC Plan; exempt flow- §§ 112.3 and 112.12. Specifically, EPA is proposing to modify through process vessels at oil the current provision to allow an owner production facilities from the sized II. Entities Potentially Affected by This or operator to consult and rely on secondary containment requirements Proposed Rule

Industry sector NAICS code

Oil Production ...... 211111 Farms ...... 111, 112 Electric Utility Plants ...... 2211 Petroleum Refining and Related Industries ...... 324 Chemical Manufacturing ...... 325 Food Manufacturing ...... 311, 312 Manufacturing Facilities Using and Storing Animal Fats and Vegetable Oils ...... 311, 325 Metal Manufacturing ...... 331, 332 Other Manufacturing ...... 31–33 Real Estate Rental and Leasing ...... 531–533 Retail Trade ...... 441–446, 448, 451–454 Contract Construction ...... 23 Wholesale Trade ...... 42 Other Commercial ...... 492, 541, 551, 561–562 Transportation ...... 481–488 Arts Entertainment & Recreation ...... 711–713 Other Services (Except Public Administration) ...... 811–813 Petroleum Bulk Stations and Terminals ...... 4247 Education ...... 61 Hospitals & Other Health Care ...... 621, 622 Accommodation and Food Services ...... 721, 722 Fuel Oil Dealers ...... 45431 Gasoline stations ...... 4471 Information Finance and Insurance ...... 51, 52 Mining ...... 212 Warehousing and Storage ...... 493 Religious Organizations ...... 813110 Military Installations ...... 928110 Pipelines ...... 4861, 48691

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Industry sector NAICS code

Government ...... 92

The list of potentially affected entities community filed legal challenges to extending the dates for preparing or in the above table may not be certain aspects of the rule. All but one amending, and implementing revised exhaustive. The Agency’s goal is to of the issues raised in the litigation have SPCC Plans in 40 CFR 112.3(a), (b), and provide a guide for readers to consider been settled, following which EPA (c), most recently by final rule regarding entities that potentially could published clarifications in the Federal published May 16, 2007 (72 FR 27443). be affected by this action. However, this Register to several aspects of the revised EPA took the most recent action to action may affect other entities not rule (69 FR 29728, May 25, 2004).1 In provide facilities time to fully listed in this table. If you have questions addition, concerns were raised about the understand the amendments to the regarding the applicability of this action implementability of certain aspects of SPCC rule finalized in December 2006 to a particular entity, consult the person the 2002 rule. and to allow potentially affected owners listed in the preceding section entitled As a result, EPA proposed and operators an opportunity to make FOR FURTHER INFORMATION CONTACT. amendments to the SPCC rule in any changes to their facilities and to December 2005 and finalized them in their SPCC Plans, as well as to provide III. Statutory Authority and Delegation December 2006 to address a number of time for the Agency to take final action of Authority issues, including those pertaining to on this proposal. Additionally, EPA Section 311(j)(1)(C) of the Clean Water certain ‘‘qualified’’ facilities, qualified intends to provide the regulated Act (CWA or the Act), 33 U.S.C. oil-filled operational equipment, motive community time to review and 1321(j)(1)(C), requires the President to power containers, mobile refuelers, understand any revised material issue regulations establishing provisions inapplicable to animal fats presented in the SPCC Guidance for procedures, methods, equipment, and and vegetable oils, and the compliance Regional Inspectors. Please see the other requirements to prevent date for farms. See the final rule which Federal Register notice (72 FR 27443, discharges of oil to navigable waters and published in the Federal Register at 71 May 16, 2007) for further discussion of adjoining shorelines from vessels and FR 77266 (December 26, 2006) for a the compliance date extensions. facilities and to contain such discharges. more detailed discussion of these The December 2006 final rule (71 FR The President delegated the authority to amendments. 77266, December 26, 2006) addressed regulate non-transportation-related Also, in December 2005, EPA released only certain areas of the SPCC onshore facilities to EPA in Executive the SPCC Guidance for Regional requirements and specific issues and Order 11548 (35 FR 11677, July 22, Inspectors. EPA intends to issue concerns raised by the regulated 1970), which was replaced by Executive revisions to this guidance document to community. As highlighted in the EPA Order 12777 (56 FR 54757, October 22, incorporate changes consistent with the Regulatory Agenda and the 2005 Office 1991). A Memorandum of December 2006 amendments to the of Management and Budget report on Understanding (MOU) between the U.S. SPCC rule (71 FR 77266, December 26, ‘‘Regulatory Reform of the U.S. Department of Transportation (DOT) 2006). This guidance document is Manufacturing Sector,’’ EPA is and EPA (36 FR 24080, November 24, intended to assist regional inspectors in proposing amendments in this notice to 1971) established the definitions of reviewing the implementation of the address other areas where further transportation-related and non- SPCC rule at a regulated facility. The changes may be appropriate. transportation-related facilities. An guidance document is designed to V. This Action MOU between EPA, the U.S. facilitate an understanding of the rule’s Department of the Interior (DOI), and applicability, to help clarify the role of A. Hot-mix Asphalt DOT (59 FR 34102, July 1, 1994) re- the inspector in the review and Hot-mix asphalt (HMA) is a blend of delegated the responsibility to regulate evaluation of a facility owner or asphalt cement (AC) and aggregate certain offshore facilities from DOI to operator’s compliance with the material, such as stone, sand, or gravel, EPA. performance-based SPCC requirements, which is formed into final paving and to provide a consistent national products for use on roads and parking IV. Background policy on several SPCC-related issues. lots. All types of asphalt, including The SPCC rule was originally The guidance is available to the owner HMA, are petroleum oil products. As a promulgated on December 11, 1973 (38 or operator of a facility that may be result, a facility that stores and handles FR 34164). On July 17, 2002, EPA subject to the SPCC rule and to the HMA may currently be regulated under published a final rule amending the general public on the Agency’s Web site the SPCC rule, if the applicability SPCC rule, formally known as the Oil at http://www.epa.gov/emergencies. criteria are met (e.g., storage capacity Pollution Prevention regulation (40 CFR This guidance is a living document and thresholds and potential for a discharge part 112). The 2002 rule included will be revised, as necessary, to reflect into navigable waters or adjoining revised requirements for SPCC Plans any relevant future regulatory shorelines). As such, SPCC and for Facility Response Plans (FRPs). amendments, including any final rule requirements, including secondary It also included new subparts outlining based on this proposed action. containment, apply to HMA containers. the requirements for various classes of In addition, EPA has amended the However, EPA never intended that oil; revised the applicability of the dates for compliance with the July 2002 HMA be included as part of a facility’s regulation; amended the requirements amendments to the SPCC rule by SPCC Plan, particularly facilities which for completing SPCC Plans; and made may be subject to the SPCC other modifications (67 FR 47042). The 1 American Petroleum Institute v. Leavitt, No. requirements solely because of the 1:102CV02247 PLF and consolidated cases (D.D.C. revised rule became effective on August filed Nov. 14, 2002). The remaining issue to be presence of HMA. Taken to the extreme, 16, 2002. After publication of this rule, decided concerns the definition of ‘‘navigable it could be argued that roads, parking several members of the regulated waters’’ in § 112.2. lots, or other asphalt paving projects

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would be part of a facility’s SPCC Plan. earthen material for secondary supporting data in order for the Agency That was not and is not the Agency’s containment systems may depend on to be able to consider it for final action. intent. the properties of both the product stored 2. Alternative Options Considered In addition, because this material is and the soil. For example, compacted unlikely to flow as a result of the local soil may be suitable to contain a a. No Action entrained aggregate, there are few viscous product, such as liquid AC, but circumstances in which a discharge of may not be suitable to contain EPA considered taking no regulatory HMA would reach navigable waters or gasoline.’’ If an owner or operator action regarding this issue. Under this adjoining shorelines. As a result, EPA is chooses to use an earthen berm as a option, a facility owner or operator proposing to revise the rule to eliminate method of secondary containment, the would continue to be required to the requirement for an owner or facility owner or operator should consider HMA in calculating the operator of a facility otherwise subject consider, among other factors, the effect facility’s total oil storage capacity, and to the SPCC rule to include a HMA of weather, vehicle and worker comply with all SPCC requirements container in the facility’s SPCC Plan or movement, access, and safety, in related to storage or transfer of HMA. aggregate storage capacity calculations. accordance with good engineering The owner or operator would continue practice. to benefit from the flexibility in the 1. Proposed Exemption for Hot-Mix SPCC rule to provide secondary Asphalt Furthermore, a facility owner or operator does not necessarily need to containment measures that are This proposed rule amendment would construct a berm around an asphalt appropriate and cost effective for the exempt HMA from SPCC rule cement container to satisfy the facility and the asphalt it stores. EPA applicability by adding a new paragraph secondary containment requirements; believes that it is unnecessary for an (8) under the general applicability he may opt to use a storm water owner or operator of a facility that section, § 112.1(d). Furthermore, EPA retention pond or other similar structure constructs roads, parking lots, or proposes to modify § 112.1(d)(2) so that or existing natural terrain features that sidewalks to develop an SPCC Plan, the capacity of storage containers solely would serve to divert, remotely solely for the routine end use of HMA containing HMA would not be counted impound, and prevent the discharge to as part of these operations. Moreover, as toward the facility oil storage capacity HMA is unlikely to flow as a result of calculation. The Regional Administrator navigable waters or adjoining shorelines. EPA notes that oil the entrained aggregate, the Agency would continue to have the option believes there are few circumstances in under § 112.1(f), however, to require an discharged into secondary containment needs to be removed promptly so that which a discharge of HMA would reach owner or operator of a facility, including navigable waters or adjoining one solely handling HMA, to prepare or the containment system retains its appropriate capacity. shorelines. Therefore, EPA chose not to amend and implement an SPCC Plan or propose this option. any applicable part, to include HMA Finally, the Agency would note that containers if he determines that it is the SPCC rule only applies to facilities b. Exemption for Asphalt Cement necessary in order to prevent a that, due to their location, can EPA considered exempting both HMA discharge of oil into navigable waters or reasonably be expected to discharge oil and AC from the requirements of the adjoining shorelines. to navigable waters or adjoining For those substances that are not shorelines. In determining whether SPCC rule, but chose not to propose eligible for the proposed exemption, the there is a reasonable expectation of such an option. In documents submitted SPCC rule provides the facility owner or discharge, an owner or operator of a to EPA, the asphalt industry argues that operator with significant flexibility to facility may consider the nature and AC poses a low risk to navigable waters select prevention and control measures flow properties of the oils handled at and adjoining shorelines, claiming that that are appropriate and cost effective the facility. Therefore, the owner or it does not flow if spilled on the ground. for the facility and type of product being operator of a facility that stores or The industry further argues that asphalt stored. For example, the secondary handles only those oils that are solid at facilities are either already covered containment requirements of the SPCC ambient temperatures may conclude under other environmentally protective rule may be satisfied if the secondary that the facility is not subject to the regulations or are granted a specific containment system, including walls SPCC rule. However, if a facility owner exemption from other regulations due and floor, are capable of containing the or operator determines that there is a the unique nature of the product, and oil and are constructed so that any reasonable expectation to discharge oil that the cost of complying with the discharge from a primary containment to navigable waters or adjoining SPCC regulation is disproportionate to system will not escape secondary shorelines for a single oil container, all the risk posed. containment before cleanup occurs oil containers at the facility are subject Because of the operational conditions (§ 112.7(c)) and diked areas are to the rule’s requirements. under which AC is used and stored, AC sufficiently impervious to contain the Although this proposed amendment does pose a risk of being discharged into oil (§ 112.8(c)(2)). Therefore, the flow would provide an exemption from the navigable waters and adjoining properties of asphalt cement (AC), for SPCC requirements for containers of shorelines. (See EPA’s report, Asphalt example, (as for any oil) may be HMA, HMA manufacturers and other Under the Spill Prevention, Control, and considered in designing appropriate facilities that use, store, distribute, or Countermeasure Regulation, August 29, means of containment. If, once cooled, otherwise handle HMA may still be 2007, in the docket for this proposal.) the oil remains in place, an effective subject to the SPCC requirements due to Although AC is semi-solid or solid at means of secondary containment may the storage capacity of other types of ambient temperature and pressure, it is involve surrounding the bulk storage oils (e.g., No. 2 fuel oil and heat transfer generally stored at elevated container with an earthen berm that will oils) at the facility. temperatures. Hot AC is liquid—similar contain the oil until it can solidify. As The Agency seeks comments on the to other semi-solid oils, such as paraffin stated in the SPCC Guidance for proposed exemption for HMA. Any wax and heavy bunker fuels—and Regional Inspectors (version 1.0, alternative approach presented must therefore is capable of flowing. All of November 28, 2005), ‘‘The suitability of include an appropriate rationale and these oils are regulated under the SPCC

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rule to prevent discharges to navigable are subject to the SPCC requirements, to secure and control access to the oil waters and adjoining shorelines. EPA believes further amendments to the handling, processing and storage areas; EPA believes that the threat that AC, SPCC rule are appropriate considering secure master flow and drain valves; as well as other semi-solid oils, pose to the unique characteristics of farm prevent unauthorized access to starter navigable waters and adjoining facilities, including their geographic controls on oil pumps; secure out-of- shorelines can be effectively addressed scale, configuration, land ownership service and loading/unloading by implementing the procedures and and lease structure, and on-farm connections of oil pipelines; and measures required under the SPCC activities. Specifically, EPA recognizes address the appropriateness of security regulation. As discussed previously, the that a farm: May be privately owned and lighting to both prevent acts of current SPCC regulation provides may contain the residence of the owner vandalism and assist in the discovery of flexibility to an asphalt facility owner or operator; has a configuration that oil discharges. This amendment will and operator to account for site- and varies across the country, from farm to particularly benefit the owner or product-specific characteristics in farm and season to season; contains operator of a farm, because it allows for implementing measures to prevent oil low-volume oil storage that is often consideration of site-specific factors in discharges in a cost-effective manner. dispersed across different land parcels determining how best to design security The Agency welcomes comments on separated by roads and natural barriers; for the facility to prevent vandalism and these or other alternatives that could has multiple fueling sites; is located in detect spills from oil-handling areas. An serve to address HMA, while at the a remote area; stores oil on-site for on- owner or operator of a farm may also same time maintaining appropriate farm use and not for further distribution benefit from the currently proposed levels of environmental protection. Any in commerce; uses oil seasonally in amendments related to loading/ alternative approaches presented must different quantities; and leases a unloading racks (Section F of this include an appropriate rationale and significant amount of land to or from preamble) and integrity testing (Section supporting data in order for the Agency secondary parties. For these reasons, J). to be able to consider them for final EPA is proposing additional The Agency believes that both the action. amendments to the SPCC rule that amendments finalized in 2006 and those B. Farms further benefit farms. being proposed in this notice provide As discussed in Section G of this significant flexibility to the agricultural The owner or operator of a farm, by preamble, EPA is proposing an sector. In this action, the Agency also is virtue of storing or using oil, is additional option for a subset of proposing further amendments to the potentially subject to the SPCC qualified facilities (‘‘Tier I’’) that have a SPCC rule to address concerns specific requirements. The December 2006 maximum individual oil storage to the agricultural community regarding amendments to the SPCC rule (71 FR container capacity of 5,000 gallons, by pesticide application equipment and 77266, December 26, 2006) defined a allowing these facilities to complete a related mix containers used at farms. farm as ‘‘* * * a facility on a tract of simplified self-certified SPCC Plan The proposed amendments was land devoted to the production of crops template in lieu of a full SPCC Plan. informed by information collected by or raising of animals, including fish, This option would be available to any EPA through site visits to farms and which produced and sold, or normally facility that meets the Tier I numerous consultations with the U.S. would have produced and sold, $1,000 qualification criteria, including a farm. Department of Agriculture (USDA). or more of agricultural products during EPA expects that at least 128,000 farms Farm site visits helped EPA further a year.’’ In providing the option for an (or more than 84% of the farms understand oil storage characteristics at owner or operator of a facility that stores regulated by the SPCC rule) may be a variety of farm operation types and 10,000 gallons of oil or less and meets eligible for this proposed option. sizes. The site visits included dairy other qualifying criteria to self-certify EPA is also proposing to clarify the farms, an orchard, an agribusiness his SPCC Plan in lieu of review and definition of ‘‘facility’’ in the SPCC rule, supply company, and two rice farms. certification by a Professional Engineer, as discussed in Section D of this the December 2006 amendments offered preamble. The proposed definition 1. Exemption for Pesticide Application relief to an estimated 95 percent of all would clarify the existing flexibility for Equipment and Related Mix Containers SPCC-regulated farms. The 2006 a facility owner or operator, particularly EPA is proposing to amend the SPCC amendments also exempted mobile for a farmer, to define oil storage areas rule by adding a new paragraph (10) refuelers, which include fuel nurse located on either contiguous or non- under the general applicability section, tanks on farms, from the sized contiguous parcels of land (e.g., satellite § 112.1(d) to exempt pesticide secondary containment requirements for storage areas) as separate facilities for application equipment and related mix bulk storage containers (see more the purpose of determining SPCC containers used at farms from the SPCC detailed discussion regarding nurse applicability and preparing/ requirements. EPA also proposes to tanks below). Finally, the 2006 implementing an SPCC Plan. modify § 112.1(d)(2) so that the capacity amendments extended the date by Under this proposal (see Section C), of these pesticide application which farms must amend their existing EPA would exempt heating oil equipment and related mix containers SPCC Plans to come into compliance containers at single-family residences. (i.e., containers used to mix pesticides with the July 2002 rule changes until EPA understands that farms often with oil immediately prior to the Agency publishes a final rule in the include, within the geographical application) would not be counted Federal Register establishing a new confines of the facility, the residence of toward the facility oil storage capacity compliance date. This proposal does not the owner or operator, and so the calculation. This equipment includes affect this extended compliance date for Agency believes this proposed ground boom applicators, airblast farms. The Agency will propose a new amendment also will be of benefit to sprayers, and specialty aircraft that are compliance date for farms in the farms. used to apply measured quantities of Federal Register at a later date. This proposal (see Section I) also pesticides to crops and/or soil. The While the December 2006 addresses streamlining of the security pesticide formulation may include amendments provided streamlined requirements under § 112.7(g) to allow petroleum-or vegetable-based oils in requirements for most of the farms that more flexibility in determining how best concentrated formulations or may

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contain crop oil or adjuvant oil in the (BMPs) that minimize the potential for EPA does not believe that additional mix formulations added just prior to discharges to navigable waters and regulatory action is warranted to clarify application, thereby potentially adjoining shorelines. For example, a that a nurse tank at a farm can be subjecting certain pesticide containers number of states have ‘‘Farm*A*Syst’’ considered a mobile refueler. EPA to the SPCC requirements, such as those programs (partnerships between welcomes comments on this approach. for bulk storage containers under government agencies and private 3. Alternative Options Considered §§ 112.8(c) and 112.12(c). Containers business that foster pollution prevention storing oil prior to blending it with the on farms) that detail on-farm pesticide In developing the amendments pesticide, and containers used to store BMPs such as: (1) Adhere to pesticide proposed in this notice, EPA considered any pesticides after they have been label instructions and prepare only the the following alternatives for mixed with oil, are considered bulk necessary amount needed for immediate differentiating the SPCC requirements storage containers and are regulated as use; (2) prepare the pesticide mix for farms: such under the SPCC rule. immediately before application; (3) the a. No Action EPA regulates pesticides under the equipment spray tank should be half Federal Insecticide, Fungicide, and full with water prior to mixing in the With the promulgation of the final Rodenticide Act (FIFRA), which pesticide formulation; and (4) pesticides amendments to the SPCC rule on establishes requirements for the should be mixed and loaded on a December 26, 2006, EPA estimated that registration and labeling of pesticides. concrete pad (Improving Storage and approximately 145,000 of the 152,000 Sections 19(e) and (f) of FIFRA grant Handling of Pesticides, Farm-a-Syst farms subject to the SPCC rule (95 EPA broad authority to establish North Carolina, April 1997. Found at percent of regulated farms) identified in standards and procedures to assure the http://www.soil.ncsu.edu/assist/ the Regulatory Impact Analysis may be safe use, reuse, storage, and disposal of pesticides/. This document is also eligible for the ‘‘qualified facility’’ or pesticide containers. Under this available in the docket for this rule self-certification option. Additionally, authority, EPA established standards, proposal). EPA is proposing an alternative including design and labeling compliance option for a subset of EPA requests comments on the requirements for pesticide containers qualified facilities by adding a new tier, proposed exemption of pesticide and bulk pesticide containment. These identified as Tier I qualified facilities, application equipment and related mix standards were promulgated on August that would provide even more flexibility containers from SPCC applicability. Any 16, 2006 for certain facilities that use, to farms. alternative approach presented must reuse, or store pesticides in containers EPA believes that considerable include an appropriate rationale and with capacities of 500 gallons or greater flexibility was provided in the supporting data in order for the Agency (Standards for Pesticide Containers and December 2006 amendments, as well as to be able to consider it for final action. Containment, 40 CFR parts 156 and 165; other amendments being proposed in see 71 FR 47330, August 16, 2006). 2. Applicability of Mobile Refueler this notice to address the definition of Facilities subject to these standards Requirements to Farm Nurse Tanks facility, the security and integrity testing include pesticide registrants, requirements, residential heating oil agricultural retailers, and commercial In the December 2006 amendments to containers, and further streamlining of pesticide applicators; however, farms the SPCC rule (71 FR 77266, December the requirements for qualified facilities. were exempted from these standards. In 26, 2006), EPA exempted mobile Nevertheless, EPA has concluded based evaluating the risk posed by pesticide refuelers from the sized secondary on comments from agricultural containers and application equipment containment requirements applicable to stakeholders, farm-related site visits, when promulgating the Standards for bulk storage containers. In the amended and the August 16, 2006 final action Pesticide Containment Structures in 40 regulation, EPA defined a mobile concerning pesticide containers (71 FR CFR part 165, Subpart E, EPA noted that refueler as ‘‘a bulk storage container 47330), that additional amendments to on-farm bulk storage of pesticides onboard a vehicle or towed, that is the SPCC rule related to farms are remains rare as opposed to on-farm bulk designed or used solely to store and necessary. Therefore, EPA chose not to storage of oil, such as off-road diesel, transport fuel for transfer into or from propose this ‘‘no action’’ option. on-road diesel and gasoline fuels. an aircraft, motor vehicle, locomotive, b. Exempt Farms Below a Certain Additionally, EPA found that there was vessel, ground service equipment, or Storage Capacity Threshold insufficient evidence of contamination other oil storage container.’’ (§ 112.2). In occurring as a result of these containers this action, EPA seeks to clarify that the EPA considered exempting farms that or equipment to warrant their regulation definition of mobile refueler includes a stored oil below a certain storage under the pesticide container- nurse tank, which is a mobile vessel capacity threshold from the SPCC containment rule. However, EPA used at farms to store and transport fuel requirements, but determined that reserved the option of reexamining the for transfers to or from farm equipment, sufficient data to support such an need for Federal regulation of on-farm such as tractors and combines, and to exemption exclusive to farms do not pesticide bulk storage in the future if it other bulk storage containers, such as currently exist. Storage tanks found at became apparent that the application or containers used to provide fuel to farms are similar in function and design use of pesticides was having significant wellhead/relift pumps at rice farms. A as those found at other types of detrimental impacts. Similarly, EPA nurse tank is often mounted on a trailer facilities, and therefore have a similar does not believe that the regulation of for transport around the farm, and EPA potential for a discharge. Thus, an effort pesticide application equipment and believes that this function is consistent to substantiate an exemption for a related mix containers used at a farm is with that of a mobile refueler. A nurse subset of affected farms below a certain appropriate under the SPCC rule. tank, like other types of mobile threshold would be difficult. As a result, EPA believes that, on a farm, the refuelers, is exempt from the sized EPA chose not to propose this option. storage and application of pesticide secondary containment requirements, The Agency welcomes comments on mixtures that may contain oil just prior but would need to meet the general this or other alternatives that could to application can be addressed through secondary containment requirements at serve to address the needs of the the use of best management practices § 112.7(c). agricultural sector, while at the same

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time maintaining appropriate levels of SPCC rule to their facility, and its boundaries would not need to environmental protection. Any including these containers in their SPCC consider the residential heating oil alternative approaches presented must Plans. Therefore, EPA proposes to tanks at any of those homes for purposes include an appropriate rationale and amend the rule to exempt single-family of SPCC applicability. Groups of single- supporting data in order for the Agency residential heating oil containers. family homes within a military base to be able to consider them for final This exemption would apply to would similarly be exempted. action. aboveground as well as completely EPA requests comment on this buried heating oil tanks at single-family proposed exemption for single-family c. Alternative Qualified Facility residences. Heating oil tanks used for residential heating oil containers, and Eligibility Criteria for Farms on-site consumptive use of oil are whether there is a better way to Under § 112.6, a ‘‘facility’’ that has an specifically exempted from the 40 CFR characterize containers used to store oil aggregate above ground storage capacity part 280 requirements, which apply to for heating buildings with a residential, of 10,000 gallons or less and that has not underground storage tanks (USTs). The rather than commercial, use, including had a single discharge exceeding 1,000 SPCC rule does not apply to ‘‘any whether there are any unique situations U.S. gallons or two discharges each completely buried storage tank * * * in which a residential heating oil tank exceeding 42 U.S. gallons within any that is subject to all of the technical would be subject to the SPCC rule twelve month period in the three years requirements of part 280 of this chapter because the aboveground oil storage prior is eligible for the ‘‘qualified or a State program approved under part capacity is greater than 1,320 U.S. facility’’ Plan requirements (i.e. a self- 281 of this chapter * * * ’’ gallons. Any alternative approach certified Plan in lieu of a PE certified (§ 112.1(d)(4)). Because USTs used for presented must include an appropriate Plan). The current criteria for ‘‘qualified storing heating oil for consumptive use rationale in order for the Agency to be facilities,’’ found at § 112.3(g), treat on the premises where stored are able to consider it for final action. farms like all other facilities. However, exempted from part 280, completely 2. Alternative Option Considered: there may be alternative criteria unique buried tanks used for residential heating Exemption for Residential Heating Oil to farms that would be appropriate for would currently need to be included in Containers Only at Farms identifying qualified facilities. EPA the storage capacity of an SPCC- requests comment on (1) whether a regulated facility, and would be subject EPA initially considered providing an change in the criteria is appropriate for to applicable SPCC requirements. exemption only for residential heating farms; and (2) whether a higher oil containers located at farms, because threshold is appropriate for farms. Any 1. Exemption for Residential Heating Oil farms commonly include, within the alternative approach presented must Containers geographical confines of the facility, the include an appropriate rationale in EPA is proposing to specifically residence of the farmer. Under this order for the Agency to be able to exempt from SPCC applicability option, only heating oil containers consider it for final action. containers that are used to store oil for associated with residences on farms the sole purpose of heating single-family would benefit from an exemption from C. Residential Heating Oil Containers residences (including residences at a the SPCC rule. However, EPA EPA understands that many regulated farm) by adding a new paragraph (9) understands that a facility associated facilities, including farms, may include under the general applicability section, with another industry sector, such as a within the geographical confines of the § 112.1(d). EPA also proposes to modify military base or university, or a small facility the residence of the owner or § 112.1(d)(2) so that the capacity of business run out of the owner’s home, operator. EPA did not intend to regulate single-family residential heating oil may also contain a residential heating residential uses of oil (i.e., those at non- containers would not be counted toward oil container. The Agency determined commercial buildings) under the SPCC facility oil storage. that there was no rationale to support rule. For example, in 1973, EPA set the The current proposal would remove not expanding the exemption to all minimum facility aggregate storage from SPCC applicability containers residential heating oil containers. capacity threshold for SPCC (both aboveground and completely Therefore, the Agency chose not to applicability (1,320 gallons) by buried) located at single-family propose this option. considering common sizes of residential residences that are used solely to store EPA requests comment on this option, heating oil containers. The Agency heating oil used to heat the residence. and whether an exemption for stated in the preamble to the 1973 final Under the proposed amendments, the residential heating oil containers should SPCC rule (38 FR 34164, December 11, owner or operator would not count any be limited to any specific sector. Any 1973) that containers of 660 gallons are residential heating oil container as part alternative approach presented must the normal domestic code size for of the facility’s aggregate storage include an appropriate rationale in nonburied heating oil containers, and capacity for the purpose of determining order for the Agency to be able to that buildings may have two such SPCC applicability, and no SPCC consider it for final action. containers. Thus, the presence of a requirements would apply to the heating oil container at a residence was exempted containers. The SPCC D. Definition of Facility generally not intended, by itself, to requirements would continue to apply, EPA first defined both ‘‘facility’’ and trigger SPCC applicability since however, to containers for oil used to ‘‘production facility’’ at § 112.2 in the residences generally do not have heat other non-residential buildings July 2002 amendments to the SPCC rule significant quantities of other types of within a facility, because the exemption (67 FR 47042, July 17, 2002). ‘‘Facility’’ oil. However, at the time the rule was covers only residential heating oil is defined as: ‘‘any mobile or fixed, originally promulgated, the Agency did containers. onshore or offshore building, structure, not consider residential heating oil This exemption is not limited to installation, equipment, pipe, or containers that may be co-located with facilities with only one single-family pipeline (other than a vessel or a public businesses. As a result, EPA recognizes home; EPA recognizes that there may be vessel) used in oil well drilling that owners and operators may be multiple single-family homes within operations, oil production, oil refining, counting these residential containers in one facility. For example, a farm that oil storage, oil gathering, oil processing, determining the applicability of the has multiple single-family homes within oil transfer, oil distribution, and waste

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treatment, or in which oil is used, as aggregate or separate containers, § 112.20(f)(1) when applied to an oil described in Appendix A of this part. buildings, structures, installations, production facility, EPA is proposing to The boundaries of a facility depend on equipment, and piping for the purpose add the following sentence to the end of several site-specific factors, including, of SPCC applicability. Regulated the definition of ‘‘facility’’: ‘‘Only this but not limited to, the ownership or community members have expressed definition governs whether a facility is operation of buildings, structures, and concern that non-contiguous oil- subject to this part.’’ This language is equipment on the same site and the handling areas with similar purposes or consistent with the clarification printed types of activity at the site.’’ ownership are required to be aggregated in a May 2004 Federal Register notice ‘‘Production facility’’ is defined as ‘‘all together as one ‘‘facility’’ to calculate (69 FR 29728). The definition of structures (including but not limited to total oil storage and determine SPCC ‘‘production facility’’ is used to wells, platforms, or storage facilities), applicability. A farmer, for example, determine which specific provisions of piping (including but not limited to often has multiple fuel storage sites on the rule may apply at a particular flowlines or gathering lines), or land under his management, which may facility (e.g., § 112.9), in addition to the equipment (including but not limited to include owned and leased tracts. A administrative and general rule workover equipment, separation USDA study shows that among farmers requirements. equipment, or auxiliary non- surveyed, satellite fuel storage sites The Agency seeks comments on transportation-related equipment) used were an average distance of 4.1 miles whether the proposed revision of the in the production, extraction, recovery, from the main site (U.S. Department of definition of ‘‘facility’’ to clarify that lifting, stabilization, separation or Agriculture, ‘‘Fuel/Oil Storage and this definition governs applicability of treating of oil, or associated storage or Delivery for Farmers and Cooperatives.’’ part 112 is appropriate. Any suggestions measurement, and located in a single March 2005). for alternative language to amend the geographical oil or gas field operated by EPA believes that the existing definition must include an appropriate a single operator.’’ definition of ‘‘facility’’ provides rationale in order for the Agency to be Since the July 2002 amendments were considerable flexibility, and that the able to consider it for final action. published, members of the regulated extent of a facility depends on site- To address concerns over how oil community have asked EPA which of specific circumstances. The SPCC containers and equipment can be these definitions governs the term Guidance for Regional Inspectors separated or aggregated for the purposes ‘‘facility’’ as it is used in the (version 1.0, November 28, 2005) of determining facility boundaries and applicability determination of the describes factors that may be considered applicability of the SPCC requirements, Facility Response Plan requirements relevant in delineating the boundaries of EPA proposes to insert the following under § 112.20(f)(1) when applied to an a facility for SPCC purposes. Those sentence into the definition of facility: oil production facility. In May 2004, factors may include, but are not limited ‘‘Contiguous or non-contiguous EPA issued a Federal Register notice to: ownership, management, or buildings, properties, parcels, leases, clarifying this issue (69 FR 29728, May operation of the containers, buildings, structures, installations, pipes, or 20, 2004). Specifically, section structures, equipment, installations, pipelines under the ownership or 112.20(f)(1) describes the applicability pipes, or pipelines on the site; similarity operation of the same person may be of the Facility Response Plan (FRP) rule in functions, operational characteristics, considered separate facilities.’’ EPA also by setting the criteria for determining and types of activities occurring at the proposes to add the terms ‘‘property,’’ whether a ‘‘facility could, because of its site; adjacency; or shared drainage ‘‘parcel,’’ and ‘‘lease’’ to the list of terms location, reasonably be expected to pathways. Consistent with this mentioned in the first sentence of the cause substantial harm to the approach, EPA is proposing to amend definition. EPA believes that adding environment * * *’’ [emphasis added]. the definition of facility to clarify that these terms further distinguishes the Members of the regulated community contiguous or non-contiguous buildings, attributes that can be considered in were concerned that the language in the properties, parcels, leases, structures, determining facility boundaries. These definition of production facility installations, pipes, or pipelines may be terms are intended to be those that are (‘‘located in a single geographical oil or considered separate facilities. familiar to a regulated community gas field’’) would require aggregation of For further clarity, EPA is also member, such as a farmer or oil oil production structures and equipment proposing to amend the definition of production facility owner, and are not in such a way that would trigger the ‘‘production facility,’’ as discussed in meant to be exhaustive. EPA notes that applicability of the FRP rule. However, Section L of this notice. an owner or operator may not determine as stated in the May 2004 Federal his facility boundary in such a manner 1. Proposed Revisions to the Definition Register notice (69 FR 29728), because as to simply avoid applicability of the of Facility § 112.20(f)(1) consistently uses the term SPCC rule. ‘‘facility,’’ not ‘‘production facility,’’ it is EPA is proposing to amend the The Agency seeks comments on the definition of ‘‘facility’’ in § 112.2 definition of ‘‘facility,’’ as found in whether the proposed revision to the that governs who is subject to § 112.2, in three ways: To clarify that definition of ‘‘facility’’ to clarify that § 112.20(f)(1), regardless of the specific this definition alone governs contiguous or non-contiguous buildings, type of facility. Thus, consistent with applicability of 40 CFR part 112; to properties, parcels, leases, structures, the May 2004 notice, the definition of clarify that contiguous or non- installations, pipes, or pipelines may be ‘‘facility’’ governs the meaning of contiguous buildings, properties, considered separate facilities is facility as it is used in § 112.20(f)(1), and parcels, leases, structures, installations, appropriate. Any suggestions for accordingly, EPA is now proposing to pipes, or pipelines may be considered alternative language to amend the amend the definition of facility to add separate facilities; and to add the definition must include an appropriate language clarifying this point. qualifier ‘‘oil’’ before the term ‘‘waste rationale in order for the Agency to be Industry sectors, including farms, treatment.’’ able to consider it for final action. military bases and other large To address concerns over whether the Finally, EPA is proposing to amend government facilities (e.g., national definition of ‘‘facility’’ or the definition the first sentence of the definition of parks), airports, and universities also of ‘‘production facility’’ controls the facility to add the qualifier ‘‘oil’’ before have raised concerns over how to term ‘‘facility’’ as it is used in the term ‘‘waste treatment.’’ With this

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amendment, EPA is clarifying that the be only one factor in the facility Under this approach, the operator term ‘‘waste treatment’’ refers to oil determination, and may allow the would only need to prepare one SPCC waste treatment and not to treatment of designation of the separate contiguous Plan that covers the components of all any other type of waste that may be tracts as separate facilities, given the parcels. Any gathering lines connecting generated. The Agency seeks comments great distance and operational the tank batteries of each parcel are then on whether this proposed modification differences. In this example, each tract considered ‘‘intra-facility’’ gathering is appropriate. does not individually meet the lines and must be included in the SPCC aboveground storage capacity threshold Plan (see section L.2 of this preamble). 2. Determining the Components of a for applicability of the SPCC rule (1,320 It is also important to note that if an Facility: Examples of Aggregation or gallons). Therefore, no SPCC Plan is owner/operator aggregates oil storage so Separation required for these containers. However, as to develop one SPCC Plan, he must The list of factors for determining the the central fueling location exceeds the then determine the facility boundaries boundaries of a facility in the definition SPCC rule aboveground storage capacity the same way for the purposes of of facility are not exclusive, but are threshold. Assuming the farm is located applicability of the FRP rule merely examples. The SPCC Guidance such that a discharge of oil could requirements. for Regional Inspectors (version 1.0, reasonably pose a threat to navigable Additionally, a production facility November 28, 2005) elaborates on what waters or adjoining shorelines, the may consist of parcels that are smaller other factors may be considered. As farmer must prepare and implement an or larger than an individual lease. noted above, those factors may include, SPCC Plan for the central fueling area. c. Aggregation of Equipment at an Oil but are not limited to: ownership, To provide general protection and Production Facility management, or operation of the prevention measures against an oil containers, buildings, structures, discharge, the farmer has the option to An oil production facility owner equipment, installations, pipes, or include the oil containers on the operates one wellhead. Oil is treated in pipelines on the site; similarity in separate tracts in his Plan. Under an 800-gallon capacity heater-treater to functions, operational characteristics, Section 311(b)(3) of the Clean Water separate the oil from produced water; and types of activities occurring at the Act, the farmer would still be liable for the treated oil is then stored in several site; adjacency; or shared drainage any harmful quantities of oil discharged stock tanks until it is sold and pathways. from the containers on the separate transported off-site. The heater-treater EPA provides the following example tracts into navigable waters or adjoining separation equipment is located several scenarios of how a facility owner or shorelines, even if an SPCC Plan is not feet away from the stock tanks, which operator may determine what is required. hold both the oil and produced water. considered a ‘‘facility’’ for the purposes These two areas may be physically of an SPCC Plan. Each of these scenarios b. Separation of Parcels at an Oil separate and are protected by separate is purely hypothetical and is not Production Facility secondary containment berms, but the intended to provide a policy An oil production facility operator heater-treater is an integral component interpretation for any specific existing leases the right to extract oil from three of an oil production facility, connected facility. parcels of land separated by large by piping, and under the control of the distances within one oil production same operator. The separation a. Separation of Tracts at a Farm field. The parcels can be contiguous or equipment, such as a heater-treater, is a A farmer has one central fueling non-contiguous. Each of the parcels is component of a larger process that location and ten separate (either subject to a distinct lease agreement, would be incomplete without the ability contiguous or non-contiguous) tracts of consistent with all applicable state and to separate oil and produced water. land (inclusive of owned and leased local oil and gas laws and regulations. Thus, all of these components should be tracts) where various types of crops are Each parcel contains a tank battery and aggregated together to comprise the oil grown. The central fueling location has a single or several wellheads. The production facility. In this several oil containers, with an aggregate operator determines that, given their circumstance, EPA does not believe the storage capacity of 5,000 gallons of geographic separation and individual heater-treater should be considered a diesel fuel, gasoline, and hydraulic/ lease agreements, each parcel can be separate facility. lubrication oils. Each tract has one considered a separate facility. Each tank As another related example, an oil 1,000-gallon aboveground container of battery stores a total aboveground production facility owner operates one diesel fuel, used for fueling only the capacity of oil greater than 1,320 wellhead connected to the tank battery equipment operated on the tract. The gallons, so the operator prepares and by a mile-long flowline. Despite the tracts are located such that the implements a separate SPCC Plan for length of the flowline, the facility containers are each several miles from each tank battery and its associated operator may not have a reasonable each other. The tracts each produce wellheads, flowlines, and associated basis for separating the wellhead, various types of crops, and thus the equipment, as individual facilities. Any flowline, and tank battery as distinct equipment is operated seasonally gathering lines that transport oil from facilities with individual SPCC Plans. according to crop type and irrigation these individual facilities into a Similar to the heater-treater, the needs. centralized collection area involve the wellhead and tank battery are The farmer determines that, given the transportation of oil between facilities considered integral components of the distance between containers, and the (‘‘inter-facility’’) and are therefore not larger process, and an oil production clear distinction between the operations within EPA jurisdiction. These ‘‘inter- facility would be incomplete without that they support, each tract and the facility’’ gathering lines do not need to including these two components. The central fueling location can be be included in the SPCC Plans. flowline, whether several feet or several considered a separate facility for the Because the definition of facility is miles in length, is a necessary purposes of calculating oil storage flexible, the operator could alternatively connection between the wellhead and capacity and determining the choose to consider all three parcels as tank battery, and all of these applicability of the SPCC rule. The fact one facility, based on his common components must be included in one that the tracts may be contiguous would ownership or operation of all of them. SPCC Plan.

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An SPCC Plan must include all of the entire building is heated with one 500- E. Facility Diagram components that together comprise a gallon heating oil container. In Section 112.7(a)(3) of the SPCC rule complete facility. There may be no considering whether he is subject to the requires that a facility owner or operator reasonable basis to determine that either SPCC rule, this business owner include in his SPCC Plan a facility of the facilities in these examples could concluded that the heating oil container diagram that identifies the location and be divided into separate, smaller is exempt from the rule, because it is contents of oil containers, connecting facilities. While a facility owner or associated with his home, and the piping, and transfer stations. The operator has some discretion in function of heating his home is diagram helps to ensure safe and describing the parameters of his facility, necessary regardless of the presence of efficient response actions, effective spill he may not describe the boundaries of his business operations. The total prevention and emergency planning, a facility unreasonably in an attempt to storage capacity of the remaining and proper implementation of the Plan avoid regulation. EPA also notes that if containers does not meet the by facility personnel. It also assists the an owner/operator aggregates oil storage aboveground storage capacity threshold EPA inspector in reviewing the facility’s so as to develop one SPCC Plan, he must for applicability of the SPCC rule (1,320 SPCC Plan. then determine the facility boundaries gallons) and so the owner does not need The rule requires that the facility the same way for the purposes of to comply with the rule requirements. diagram include the location and applicability of the FRP rule contents of each container, completely requirements. 3. Alternative Options Considered buried tanks (even if exempted from the d. Separation of Areas at a Military Base In developing the amendments SPCC requirements), transfer areas (i.e., proposed in this notice, EPA considered A military base is spread out over 10 stations), and connecting pipes. In the following alternatives for addressing addition to the requirement for a facility square miles. Within the base, there are the definition of facility: several areas where oil containers are description and diagram, § 112.7(a)(3) located: A tank farm associated with an a. No Action lists additional items to be addressed in aircraft fueling area, back-up fuel oil for an SPCC Plan, including the type of oil EPA considered taking no regulatory a small power generation plant, and a in each container and its capacity; action regarding this issue. However, mess hall with several drums of cooking discharge prevention measures; given the significant number of oil. Because different groups service, discharge or drainage controls; questions and concerns that have been manage, or maintain the various tank countermeasures for discharge raised by the regulated community, EPA farms and oil storage areas, these discovery, response, and cleanup; believes that addressing the definition operators have agreed to calculate the methods of disposal of recovered of facility in some manner is necessary. aggregate storage capacity of each of materials; and specific contact Therefore, EPA chose not to propose their operations separately to determine information. The SPCC Guidance for their SPCC rule applicability. The this ‘‘no action’’ option. Regional Inspectors (version 1.0, operations vary across these oil b. Address Only Through Guidance November 28, 2005) discusses the container locations, each with unique or requirements for facility diagrams in specific characteristics. Thus, the EPA considered providing guidance more detail. operators have decided that oil spill to address the regulated community’s The facility diagram must include all prevention practices would be served concern over the definition of facility containers (including oil-filled best by preparing and implementing and which definition governs the term equipment) that store 55 gallons or more multiple SPCC Plans. If the military ‘‘facility’’ as it is used in § 112.20(f)(1) of oil and must include information determines that it would be more when applied to an oil production indicating the contents of these efficient to prepare one SPCC Plan for facility. EPA has provided clarity containers (§ 112.7(a)(3)). The minimum the entire base, this would also be already on the definition of facility in container size addressed by the SPCC appropriate. the SPCC Guidance for Regional rule is 55 gallons. Any containers with The same principles apply at other Inspectors (version 1.0, November 28, an oil storage capacity of less than 55 large facilities, such as a university or 2005) and through a Federal Register gallons do not need to be included in airport. While a facility owner or Notice (69 FR 29728, May 25, 2004). the SPCC Plan. operator has some discretion in Despite these efforts, the regulated Regulated community members have describing the parameters of his facility, community continues to express raised the concern that documenting the he may not describe the boundaries of concern. EPA believes that a formal rule contents of all oil storage containers a facility unreasonably to avoid amendment will provide more clarity. with a capacity of 55 gallons or more on regulation. If an owner/operator Therefore, EPA is not moving forward a facility diagram would be impractical aggregates oil storage so as to develop with the option to address this rule due to seasonal and market changes. one SPCC Plan, he must then determine solely through guidance. EPA does EPA acknowledges these concerns, and the facility boundaries the same way for intend, however, to revise the SPCC proposes to add flexibility to this the purposes of FRP rule applicability. Guidance for Regional Inspectors to be requirement. consistent with any rule amendment(s) e. Separation of Functions at a Dual- finalized. 1. Proposed Revision to the Facility purpose Facility The Agency welcomes comments on Diagram Requirement The owner of a truck maintenance this or other alternatives that could EPA proposes to amend § 112.7(a)(3) company operates his business from a serve to address the needs of the to clarify that the facility diagram must site that also includes his single-family regulated community, while at the same include all fixed (i.e., not mobile or residence. The business office is located time maintaining appropriate levels of portable) containers. For any mobile or in his residence. In an adjacent garage, environmental protection. Any portable containers located in a certain he has one 500-gallon gasoline alternative approaches presented must area of the facility, a facility owner or container, one 250-gallon waste oil include an appropriate rationale in operator must mark that area on the container, and five 55-gallon drums of order for the Agency to be able to diagram where such containers are various automotive lubricants. The consider them for final action. stored. He may mark the number of

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containers, contents and capacity of or certifying PE may determine how best (version 1.0, November 28, 2005), EPA each container either on the facility to represent mobile/portable containers allows flexibility in the way the facility diagram, or provide a separate on the facility diagram, such as by diagram is drawn—an owner or operator description in the SPCC Plan. If the total including a descriptive table or may represent such systems in a less number of mobile or portable containers indicating primary storage areas. A detailed manner on the facility diagram, changes on a frequent basis, the owner descriptive table or key would as long as more detailed diagrams of the or operator can indicate an estimate in complement the facility diagram and the systems are maintained at the facility the Plan of the number of containers, SPCC Plan by providing further and referenced on the diagram. As the anticipated contents and capacities information on the location and described in the SPCC guidance of the mobile or portable containers contents of mobile and portable document, the scale and level of detail maintained at the facility. containers. shown on a facility diagram may vary Those oil storage containers that are A mobile or portable oil storage according to the needs and complexity located in a fixed position (and do not container is still subject to the sized of the facility. For example, simplified move around the facility) must be secondary containment requirements of schematic representations of piping represented on the facility diagram, as the SPCC rule. Sections 112.8(c)(11) and combined with a description in the Plan currently required. In situations where 112.12(c)(11) require that a mobile or may be sufficient. Similar to the diagrams become complicated due to portable oil storage container (other approach described above for mobile/ the presence of multiple oil storage than a mobile refueler) be positioned or portable equipment, a facility owner or containers or complex piping/transfer located to prevent a discharge as operator may indicate in the diagram an areas at the facility, it may be difficult described in § 112.1(b). The mobile or area where complicated oil-filled to indicate the contents and capacity of portable container must have a equipment is located and provide a the containers on the diagram itself. In secondary means of containment, such table in the Plan describing the type(s) order to simplify the diagram, the owner as a dike or catchment basin, sufficient of equipment and oil storage capacities. or operator may choose to include that to contain the capacity of the largest Any suggestions for alternative information separately in the SPCC Plan single compartment or container with approaches must include an appropriate in an accompanying table or key. sufficient freeboard to contain rationale and supporting data in order The proposed revision to the rule precipitation. This area can be for the Agency to be able to consider it language would simplify the process for identified on the facility diagram. for final action. developing a facility diagram by A facility diagram prepared for a state allowing for a general description of the or federal plan or for other purposes F. Loading/Unloading Racks location and contents of mobile or (construction permits, facility Tank car and tank truck loading/ portable oil storage containers (e.g., modifications, or other pollution unloading racks are subject to specific drums and totes) rather than prevention requirements) may be used requirements in § 112.7(h), including representing each container in an SPCC Plan if it meets the sized secondary containment individually. Under this proposal, the requirements of the SPCC rule. requirements. Although the term ‘‘rack’’ owner or operator could identify an area Additionally, changes to the facility is referred to in the title of the on the facility diagram (e.g., a drum diagram are considered administrative provision, the rule text refers to storage area) and include a separate in nature and do not require PE ‘‘loading/unloading area.’’ In response description of the total number of certification. to concerns expressed by the regulated containers, capacities, and contents in The Agency seeks comments on this community over how broadly this the Plan or reference facility inventories proposed option or any other approach provision applies (whether to all areas that can be updated by facility to revising to the facility diagram where oil is loaded or unloaded, or only personnel. As currently required in requirement at § 112.7(a)(3) to address to areas with a designated loading or § 112.7(a)(3)(i), an owner or operator is how mobile/portable containers should unloading rack), the Agency in May required to list all of the containers in be marked on a facility diagram. Any 2004 issued a Federal Register notice the facility in the SPCC Plan. Under the suggestions for alternative approaches clarifying that the provision only current proposal, EPA would modify must include an appropriate rationale applies at areas of a regulated facility § 112.7(a)(3)(i) to allow the owner or and supporting data in order for the where a loading or unloading rack is operator to provide an estimate of the Agency to be able to consider it for a located (69 FR 29728, May 25, 2004). If potential number of mobile or portable final action. a facility does not have a loading or containers, types of oil, and anticipated unloading ‘‘rack,’’ § 112.7(h) does not 2. Indicating Complicated Areas of capacities in the Plan. This clarification apply. To provide further clarification, Piping or Oil-Filled Equipment on a may be particularly useful when the in the SPCC Guidance for Regional Facility Diagram number of containers change frequently Inspectors (version 1.0, November 28, at the facility. Thus, the Plan should A facility diagram must also include 2005), EPA provided a set of include a reasonable estimate of the all transfer stations and connecting characteristics that describe the type of number of containers expected to be pipes (§ 112.7(a)(3)). Associated piping equipment typically associated with a stored in the area and the capacity of the and oil-filled manufacturing equipment loading or unloading rack. To provide containers. This estimate can be used to present at an SPCC-regulated facility additional clarity and certainty to the determine the applicability of the rule may be difficult to clearly present on a regulated community, EPA is now thresholds and provide a general facility diagram, due to their relative proposing a definition for the term description of the mobile/portable location, complexity, or design. EPA ‘‘loading/unloading rack,’’ which would containers in the Plan. requests comment on whether a rule govern whether a facility is subject to Mobile or portable containers should revision is appropriate to provide § 112.7(h). Under this proposal, the be marked on the facility diagram in further clarification on how complicated requirements described at § 112.7(h) their out-of-service or designated storage areas of piping or oil-filled equipment would only apply to areas of a regulated area or where they are most frequently may be indicated on the facility facility where a loading/unloading rack, located, such as a warehouse drum diagram. As stated in the SPCC as would be defined in § 112.2, is storage area. The facility owner/operator Guidance for Regional Inspectors located.

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A loading/unloading rack can be differentiate between ‘‘loading’’ and Gangways are primarily found on located at any type of facility; however, ‘‘unloading’’ racks. Generally, loading loading racks that accommodate top the loading and unloading areas involves oil transfer from a bulk storage loading operations. However, it is not associated with oil production tank container into the tank car/truck, uncommon for bottom loading batteries and farms generally do not whereas unloading involves oil transfer operations to include gangways to have the equipment meeting the from the tank car/truck into a bulk access the top of the rack structure or proposed definition of loading/ storage container. Although racks are receiving container during loading unloading rack. Therefore, EPA is more commonly used for loading operations for the purposes of sampling, proposing a specific exclusion for oil activities, there are instances in which testing overfill or other safety production facilities and farms from the unloading of oil also occurs at a rack, equipment, or for pressure venting requirements at § 112.7(h). and, in some cases, using the same operations. equipment. The similarity of equipment Piping assemblages, valves, pumps, 1. Proposed Loading/Unloading Rack and activities suggests that EPA should shut-off devices, overfill sensors, and Definition not differentiate between loading and personnel safety devices are examples of The proposed definition for ‘‘loading/ unloading racks nor eliminate the term typical accessories of a loading/ unloading rack’’ is based on the set of ‘‘unloading rack’’ altogether. This unloading rack, but may not be part of characteristics that generally describes approach is consistent with the rack structure itself. loading/unloading racks, as presented in correspondence received from the The Agency seeks comment on the the SPCC Guidance for Regional regulated community on this issue. For proposed definition of ‘‘loading/ Inspectors (version 1.0, November 28, example, in an October 2003 letter to unloading rack’’ or if there are any other 2005). In developing this description, EPA, the American Petroleum Institute definitions for ‘‘loading/unloading rack’’ EPA considered existing definitions of (API) suggested a definition for rack that that would be more suitable. the term ‘‘loading rack’’ or related terms, includes both loading and unloading Comments providing a description of as found in industry, Federal, state, or activities (see the docket for this a ‘‘loading/unloading arm’’ may also international references. Based on this proposed rulemaking for the complete provide useful information for EPA to review, EPA is proposing to use the letter). consider in determining a final action. definition (with certain changes) EPA understands that a loading/ Any alternative definition presented developed by the American Petroleum unloading rack is typically designed to must include an appropriate rationale Institute (API).2 Specifically, we meet the needs of an individual facility, and supporting data in order for the removed language on frequency of use, and thus a single definition that Agency to be able to consider it for final various components, and the limitation captures all potential variations of the action. to the types of facilities at which a rack components presents a challenge. 2. Requirements for Loading/Unloading could be located. EPA modified this However, discussions with Racks definition in order to accommodate manufacturers of loading/unloading Although the title of § 112.7(h) refers racks found among the broader universe racks suggest that there is some to ‘‘loading/unloading rack,’’ the text of of facilities subject to the SPCC rule. For commonality among the basic structural the requirement refers to ‘‘loading/ this proposal, the guidelines presented components of a typical ‘‘rack.’’ Thus, unloading areas.’’ Therefore, to provide in the guidance document were each of the specific components listed additional clarity, EPA proposes to modified to reflect additional research in the proposed definition were change all references from loading/ on the equipment typically associated included because they are common unloading ‘‘area’’ to loading/unloading with racks and to remove several characteristics of loading or unloading ‘‘rack.’’ For example, § 112.7(h)(1) ambiguous terms and phrases (See racks. would be modified as follows: ‘‘Where EPA’s Analysis of Loading and Loading arms are an essential loading/unloading rack drainage does Unloading Rack Requirement (40 CFR component of both top and bottom not flow into a catchment basin or part 112), August 31, 2007). loading. By including the generic term treatment facility designed to handle EPA is proposing the following ‘‘loading/unloading arms,’’ EPA intends discharges, use a quick drainage system definition for ‘‘loading/unloading rack’’ the proposed definition to be applicable for tank car or tank truck loading/ under § 112.2: ‘‘Loading/unloading rack to all loading approaches, including top, unloading racks. You must design any means a structure necessary for loading side, and bottom loading. The National containment system to hold at least the or unloading a tank truck or tank car, Institute of Standards and Technology maximum capacity of any single which is located at a facility subject to (NIST) (Loading-Rack Meters compartment of a tank car or tank truck the requirements of this part. A loading/ Presentations, Chapter 2: Introduction loaded or unloaded at the facility.’’ unloading rack includes a platform, to Loading Rack Metering Systems, Section 112.7(h)(2) would be similarly gangway, or loading/unloading arm; and Revised August 2000) indicates that modified and includes a technical any combination of the following: loading racks are designed to fill correction of the word ‘‘break’’ to piping assemblages, valves, pumps, receiving tanks either from the top, side ‘‘brake’’ to correct a typographical error. shut-off devices, overfill sensors, or or bottom. Although top loading is The modification to change the word personnel safety devices.’’ The Agency common, bottom loading is increasingly used to load/unload tank cars and ‘‘area’’ to ‘‘rack’’ in § 112.7(h) is believes this proposed amendment will trucks. consistent with EPA’s notice in the provide clarity as to the applicability of Platforms offer structural bases to a Federal Register in May 2004, which the § 112.7(h) requirement by providing loading rack and are typical of both top noted that the application of § 112.7(h) a specific definition for a loading/ and bottom loading. Platforms are often only applies to facilities with loading unloading rack. found in conjunction with additional and unloading ‘‘racks’’ (69 FR 29728, In developing this proposed components (e.g., gangways), whereas May 25, 2004). EPA also clarified, in a definition, EPA considered whether to bottom-loading operations that do not letter to the Petroleum Marketers 2 American Petroleum Institute, October 18, 2002. require access to the top of a tank are Association of America, that loading Letter to David Lopez, Director, EPA Oil Program sufficient with only a platform and unloading activities that take place Center. component. beyond the rack area are not subject to

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the requirements of § 112.7(h), but are The Agency seeks comments on the the proposed definition of the term subject, where applicable, to the general proposed modifications to the provision ‘‘loading/unloading rack’’ would secondary containment requirements of at § 112.7(h), and how EPA regulates the provide sufficient clarity as to the § 112.7(c) (Letter to Daniel Gilligan, transfers to or from completely buried applicability of § 112.7(h) at oil President, Petroleum Marketers tanks subject to all of the technical production facilities and farms. Any Association of America, from Marianne requirements under 40 CFR part 280 or suggestions for alternative approaches Lamont Horinko, Assistant part 281, or if there are any other must include an appropriate rationale Administrator, Office of Solid Waste modifications that would be more and supporting data in order for the and Emergency Response, EPA, May 25, suitable. Any alternative approach Agency to be able to consider it for a 2004). presented must include an appropriate final action. In the preamble to the July 2002 rationale and supporting data in order 4. Alternative Option Considered: No amendments to the SPCC rule, EPA for the Agency to be able to consider it Action stated that § 112.7(h) ‘‘applies to for final action. containers which are aboveground EPA considered not providing any (including partially buried tanks, 3. Exclusions amendments to the SPCC rule related to bunkered tanks, or vaulted tanks) or EPA is proposing to exclude onshore loading/unloading racks. Under this completely buried (except those oil production facilities and farms from approach, EPA would not provide a exempted by this rule)’’ (67 FR 47110, the loading/unloading rack regulatory definition for loading/ July 17, 2002). This means that requirements at § 112.7(h). The unloading rack or an exclusion for farms § 112.7(h) does not apply to a loading/ provision currently excludes all offshore and oil production facilities, but would unloading rack associated with a facilities. EPA understands that there instead continue to follow the container that is exempted from the are extremely few, if any, loading/ interpretation of loading/unloading rack rule, such as an underground storage unloading racks at oil production as stated in the SPCC Guidance for tank (UST) that is subject to all of the facilities. Similarly, EPA understands Regional Inspectors and the May 2004 technical requirements of 40 CFR part that farm oil and fuel dispensing Federal Register notice. EPA chose not 280 or a State program approved under equipment is generally not associated to move forward with this ‘‘no action’’ part 281. EPA is reconsidering this with loading/unloading racks. Oil option because it would not address the position, because a transfer to or from transfer areas, such as loading/ ambiguity of the loading/unloading rack such a container at an SPCC-regulated unloading areas, at farms and oil requirement as it currently stands. facility is a potential source of a production facilities that are subject to The Agency seeks comment on discharge of oil into navigable waters or the SPCC rule remain subject to the whether there are any other alternative adjoining shorelines. Additionally, general secondary containment options that should be reviewed further since a loading/unloading rack requirements of § 112.7(c). by EPA prior to issuing a final action. associated with the UST is not typically EPA understands that there may be Any suggestions for alternative options part of the UST system, it is not subject other facilities or industry sectors that must include an appropriate rationale to all of the technical requirements of 40 are involved in the transfer of oil, but and supporting data in order for the CFR part 280 or 281, and is therefore do not have a structure that meets the Agency to be able to consider it for a regulated under SPCC in the same definition of ‘‘loading/unloading rack’’ final action. manner as any other transfer equipment as proposed in this notice. EPA is G. Tier I Qualified Facilities or transfer activity located at an proposing to exclude onshore oil otherwise regulated SPCC facility. production facilities and farms from In December 2005 (70 FR 73524, In the preamble to the December 2006 § 112.7(h), because the Agency is December 12, 2005), EPA proposed to amendments, EPA noted that although specifically aware that these types of allow the owner or operator of a the amendment provided an exemption transfer equipment are not typically qualified facility to self-certify his SPCC for motive power containers, the oil associated with these types of facilities. Plan (this proposal was finalized in transfer activities to or from motive EPA does not want to create any December 2006 at 71 FR 77266). In the power containers occurring within an confusion for owners/operators preamble to this 2005 proposal, EPA SPCC-regulated facility continue to be associated with oil production facilities discussed an alternative option that was regulated (71 FR 77283, December 26, and farms, and for the purpose of developed in response to comments 2006). Consistent with the preamble to clarity, is exempting them. At other EPA received following publication of a the December 2006 amendments, the facilities that do not have a loading/ Notice of Data Availability (NODA) for Agency is clarifying that at an SPCC- unloading rack, the provisions at facilities that handle oil below a certain regulated facility, § 112.7(h) (including § 112.7(h) similarly do not apply. As threshold amount (69 FR 56182, the sized secondary containment EPA stated in the SPCC Guidance for September 20, 2004) and was based on provision) applies to transfers at any Regional Inspectors (version 1.0, an analysis submitted by the Small loading/unloading rack associated with November 28, 2005), ‘‘Areas where oil is Business Administration (SBA) Office of any type of container, including one transferred but no loading or unloading Advocacy. This ‘‘multi-tiered approach’’ that is exempted from the rule, as long rack is present are subject to § 112.7(c), was based on the total storage capacity as the loading/unloading rack meets the and thus appropriate containment and/ of a facility, as follows: definition proposed in this notice. A or diversionary structures are required. • Tier I would include facilities that transfer not associated with a loading or EPA does not require specifically sized have between 1,321 and 5,000 gallons of unloading rack is subject to the general containment for transfer areas; however, total oil storage capacity. These facilities secondary containment provision at containment size must be based on good would not need a written SPCC Plan § 112.7(c). The Agency believes that no engineering practice.’’ (and therefore no PE certification would rule change is needed to clarify this The Agency seeks comment on be needed), but would have to adhere to point, because a rule amendment to whether the proposed exclusion for all other SPCC requirements. exempt a loading/unloading rack onshore oil production facilities and • Tier II would include facilities associated with a UST was never farms from the loading/unloading rack having between 5,001 and 10,000 proposed or finalized. requirements is necessary, or whether gallons of total oil storage capacity.

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These facilities would be required to complete discussion on these qualifying straightforward, so it should be have a written SPCC Plan, but the Plan criteria, see the preamble to the relatively simple for a qualified facility would not need to be certified by a PE, December 2006 SPCC rulemaking at 71 owner or operator to determine whether and a PE site visit would not be FR 77266. the facility meets this criterion. An EPA required. Standardized Plans could be For clarity, EPA is now proposing the inspector will be able to easily verify the adopted by a facility conforming to term ‘‘Tier II qualified facility’’ to storage capacity for each container, and standard design and operating describe those qualified facilities as therefore confirm eligibility for Tier I procedures, without requiring PE defined by and subject to the status as a qualified facility. certification. requirements promulgated in the This approach is similar to SBA’s • Tier III would include the December 2006 SPCC rulemaking at 71 suggested Tier I eligibility criterion of a remaining SPCC-regulated facilities FR 77266 and to propose the term ‘‘Tier 5,000-gallon aggregate facility storage with total oil storage capacities greater I qualified facility’’ for a new subset of capacity threshold. However, by than 10,000 gallons. These facilities these qualified facilities. EPA is maintaining the higher facility capacity would be required to have a written proposing that a Tier I qualified facility, threshold that applies for all qualified SPCC Plan certified by a PE. in addition to meeting the eligibility facilities (10,000 U.S. gallons) and As described in its December 2006 criteria for a Tier II qualified facility, limiting the size of individual oil final rule (71 FR 77266, December 26, also have no individual oil storage storage containers, EPA proposes an 2006), EPA did not adopt this suggested containers with a capacity greater than option from which a greater number of multi-tiered structure approach because 5,000 U.S. gallons in volume, as facilities, including those with a the Agency believes that a facility described below. fluctuating oil storage capacity below cannot effectively implement an oil spill 10,000 U.S. gallons, may benefit. prevention program, or any other 1. Eligibility Criteria To determine eligibility as either a program (business or otherwise), As a subset of ‘‘qualified facilities,’’ Tier I or Tier II qualified facility, only without documentation of that Tier I qualified facilities must meet all the aboveground oil storage capacity is program’s action items, such as in a of the eligibility criteria finalized by considered. However, a completely written Plan. However, the Agency did EPA in December 2006 (71 FR 77266), buried oil storage tank located at a finalize at that time requirements for including reportable discharge history. qualified facility is also regulated unless one ‘‘tier’’ of qualified facilities to In the current action, EPA is proposing it is subject to all of the technical prepare a self-certified SPCC Plan. The an additional criterion for Tier I requirements of 40 CFR part 280 or a Agency understands the concerns of eligibility: a maximum individual oil State program approved under part 281. small businesses, particularly of storage container capacity of 5,000 U.S. That is, if a facility is subject to the facilities with a smaller oil storage gallons. SPCC rule, then both aboveground and capacity and likely more limited EPA has developed the proposed Tier completely buried oil storage containers resources, of the potential effort needed I category based on an operational located at the facility are subject to the to develop a full Plan. Thus, the Agency characteristic, rather than a lower total rule, unless specifically exempted from is now exploring the possibility of facility storage capacity threshold (as applicability under § 112.1(d). further streamlining the SPCC suggested by SBA), in order to link any The Agency seeks comments on requirements for certain qualified streamlined requirements with a whether setting the criteria for Tier I facilities that meet additional criteria. reduced potential for oil discharge. EPA qualified facilities as a maximum EPA proposes to amend the SPCC rule proposes to set the maximum individual individual oil container capacity of to provide an additional option for an container capacity threshold at 5,000 5,000 U.S. gallons appropriately owner or operator of a qualified facility U.S. gallons because this volume is addresses the concerns of facilities with with a maximum individual oil storage consistent with industry consensus relatively smaller volumes of oil, while container capacity of 5,000 U.S. gallons standards that call for varying levels of maintaining the environmental to complete and implement a inspection stringency based on protection intended by the regulation. streamlined, self-certified SPCC Plan container size and configuration. For Any suggestions for alternative criteria, template (proposed as Appendix G to 40 example, the Steel Tank Institute’s including alternate container volume CFR part 112), in order to comply with SP001, Standard for the Inspection of thresholds, must include an appropriate the requirements of the SPCC rule. A Aboveground Storage Tanks, allows for rationale and supporting data in order qualified facility is one that meets the periodic visual inspection alone, with for the Agency to be able to consider it qualifying criteria described in the no requirement for the inspector to be for final action. December 2006 amendments to the professionally certified, for containers of SPCC rule (71 FR 77266, December 26, 5,000 U.S. gallons or less that are 2. Provisions for Tier I Qualified 2006): a facility that has an aggregate equipped with a spill control measure Facilities aboveground oil storage capacity of and a continuous release detection In lieu of preparing a full SPCC Plan 10,000 U.S. gallons or less; and has had method. Furthermore, a facility with that is PE- or self-certified, EPA no single discharge as described in smaller storage containers often has less proposes that an owner or operator of a § 112.1(b) exceeding 1,000 U.S. gallons complicated operations, is typically an Tier I qualified facility would have the or no two discharges as described in end-user of oil (does not distribute the option to complete the SPCC Plan § 112.1(b) each exceeding 42 U.S. oil further), is involved in few oil template proposed as Appendix G of 40 gallons within any twelve-month period transfers, and may have predominantly CFR part 112. The Plan template is in the three years prior to the SPCC Plan mobile or portable containers with a few designed to be a simple SPCC Plan that self-certification date, or since becoming low-capacity fixed oil storage includes only the requirements that subject to 40 CFR part 112 if the facility containers. Smaller containers have a should apply to this lowest tier of has been in operation for less than three smaller potential maximum discharge regulated facilities. This proposed rule years (this criterion does not include size, and there may be little or no piping streamlines requirements for Tier I discharges as described in § 112.1(b) associated with these small containers. qualified facilities by eliminating and/or that are the result of natural disasters, Determining the storage capacity for modifying several SPCC requirements acts of war, or terrorism). For a more each oil storage container is (e.g., facility diagram (§ 112.7(a)(3)) and

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certain provisions that generally do not direction of flow. This proposed overfill prevention procedures. This apply to facilities that store or handle amendment removes the requirement modified requirement is proposed as smaller volumes of oil, such as for an owner or operator of a Tier I § 112.6(a)(3)(iii). EPA believes this requirements for transfers taking place facility to predict the rate of flow that proposed flexibility is warranted, at loading racks (§ 112.7(h)). could result from an equipment failure. because overfills can be prevented on The list of applicable rule provisions This modified requirement is proposed smaller containers if tanks are manually for Tier I qualified facilities is included as § 112.6(a)(3)(i). EPA believes this is gauged and the transfer is constantly as § 112.6(a)(3) of this proposal. For an appropriate because Tier I facilities will attended. In order to comply with this owner or operator of a Tier I qualified have only containers less than 5,000 requirement, a Tier I qualified facility facility completing the Plan template gallons and, additionally, usually have owner or operator simply needs to included in Appendix G of this part, the low pressure pumps. In order to provide a relatively brief description of following existing requirements under simplify completion of the SPCC Plan the overfill prevention procedures in the § 112.7 and in subparts B and C template, EPA is removing the SPCC Plan. The description needs to continue to apply: facility description requirement for an owner/operator to provide only sufficient detail that would (§ 112.7(a)(3)(i), 112.7(a)(3)(iv), calculate the rate of flow that could allow an EPA inspector to understand 112.7(a)(3)(vi), 112.7(a)(4), and result from an equipment failure. how the owner/operator prevents 112.7(a)(5)); general secondary Currently, secondary containment overfills of oil storage containers and containment (§ 112.7(c)); inspections, requirements for mobile/portable how liquid level sensing devices are tests and records (§ 112.7(e)); personnel, containers and all other bulk storage tested. training, and discharge prevention container requirements are provided in Elsewhere in this notice, EPA is procedures (§ 112.7(f)); security separate provisions: §§ 112.8(c)(2) and proposing to extend the streamlined (§ 112.7(g)); qualified oil-filled (c)(11) and 112.12(c)(2) and (c)(11). In security and integrity testing operational equipment (§ 112.7(k)); lieu of these separate requirements, EPA requirements that were provided for facility drainage (§§ 112.8(b)(1), proposes to (1) combine mobile/portable qualified facilities in the December 2006 112.8(b)(2), 112.12(b)(1), and container requirements with the other SPCC rule amendment (71 FR 77266) to 112.12(b)(2)); bulk storage containers bulk storage container requirements, all facilities. Under this proposed (§§ 112.8(c)(1), 112.8(c)(3), 112.8(c)(4), and (2) eliminate the requirement for approach, both Tier I and Tier II 112.8(c)(5), 112.8(c)(6), 112.8(c)(10), containment to be ‘‘sufficiently qualified facilities would be subject to 112.12(c)(1), 112.12(c)(3), 112.12(c)(4), impervious.’’ This modified the revised security (§ 112.7(g)) and 112.12(c)(5), 112.12(c)(6), and requirement is proposed as integrity testing (§§ 112.8(c)(6) and 112.12(c)(10)); piping inspections § 112.6(a)(3)(ii). Combining these 112.12(c)(6)) provisions. (§§ 112.8(d)(4) and 112.12(d)(4)); oil requirements streamlines two similar b. Provisions Not Applicable to Tier I production facility provisions and simplifies requirements Qualified Facilities requirements(§ 112.9(b), 112.9(c), for Tier I qualified facilities. Because 112.9(d)(1), 112.9(d)(3), and EPA expects a Tier I qualified facility to The following requirements are not 112.9(d)(4)); and requirements for be a small, simple operation, with oil included in the SPCC Plan template onshore oil drilling and workover storage containers that are inside because, for an end-use facility with a facilities (§ 112.10(b), 112.10(c) and buildings, inside pre-engineered smaller oil storage capacity and a simple 112.10(d)). This list of requirements secondary containment, or double- configuration, these requirements are reflects a set of currently existing walled, the requirement for containment inapplicable or unnecessary: facility requirements that apply to facilities to be specifically designed as diagram (§ 112.7(a)(3)); facility subject to the SPCC rule; EPA found no ‘‘sufficiently impervious’’ may be description (§ 112.7(a)(3)(ii), rationale to remove or modify these unnecessary. Furthermore, the 112.7(a)(3)(iii)) and 112.7(a)(3)(v)); requirements for Tier I qualified requirement for secondary containment loading/unloading rack (§ 112.7(h)); facilities. Additionally, as described to be capable of containing oil and brittle fracture evaluation (§ 112.7(i)); below, EPA is proposing a set of revised, constructed so that any discharge will facility drainage (§§ 112.8(b)(3), or streamlined, requirements applicable not escape the containment system 112.8(b)(4), 112.8(b)(5), 112.12(b)(3), to Tier I qualified facilities in lieu of before cleanup occurs (§ 112.7(c)) still 112.12(b)(4), and 112.12(b)(5)); specific existing requirements. applies, and is similar in nature to the monitoring internal heating coils ‘‘sufficiently impervious’’ requirement. (§§ 112.8(c)(7) and 112.12(c)(7)), effluent a. Streamlined Provisions for Tier I For the purposes of simplicity, EPA treatment facilities (§§ 112.8(c)(9) and Qualified Facilities would rely on the requirement in 112.12(c)(9)); and facility transfer EPA is proposing a set of revised § 112.7(c) to adequately address Tier I operations (§§ 112.8(d)(1), 112.8(d)(2), requirements applicable to Tier I qualified facilities. 112.8(d)(3), 112.8(d)(5), 112.9(d)(2), qualified facilities in lieu of the specific In lieu of §§ 112.8(c)(8) and 112.12(d)(1), 112.12(d)(2), 112.12(d)(3), existing requirements. 112.12(c)(8), the overfill prevention and 112.12(d)(5)). In lieu of the full failure analysis requirements, EPA proposes to require Section 112.7(a)(3) Facility diagram. requirements in § 112.7(b), EPA that an owner or operator of a Tier I A qualified facility with no individual proposes that an owner or operator of a qualified facility ensure each container container greater than 5,000 U.S. gallons Tier I facility examine areas where there is provided with a system or in capacity is typically small and is a reasonable possibility for equipment documented procedure to prevent generally simple in configuration. A failure (such as where equipment is overfills of containers, and that facility diagram is not needed to loaded or unloaded; where tank containers are regularly tested to ensure understand the facility layout and locate overflow, rupture, or leakage is possible; proper operation or efficacy. This areas of potential discharge at such or at the location of any other modification provides more flexibility facilities. equipment known to be a source of by allowing the use of alternative Section 112.7(a)(3)(ii) Discuss discharge) and include in the Plan the methods to prevent container overfills, discharge prevention measures total quantity of oil that could be rather than requiring an owner or including routine handling of products discharged and a prediction of the operator to meet a prescribed set of (loading, unloading and facility

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transfers). In order to simplify Sections 112.8(b)(3)–(b)(5) and criteria for a Tier I qualified facility as completion of the SPCC Plan template, 112.12(b)(3)–(b)(5) Facility drainage described in this notice. Therefore, EPA proposes to remove the requirements. A facility with a eliminating this requirement is administrative provisions that require maximum individual container storage appropriate. discussion of oil handling at the facility. capacity of 5,000 U.S. gallons is EPA believes no further Smaller oil storage capacity facilities unlikely to have complicated drainage differentiation is warranted for onshore tend to have fewer oil transfers, which systems. The purpose of drainage oil production facilities in § 112.9 and are generally conducted by an off-site requirements listed in these provisions onshore oil drilling and workover oil distributor. Although the owner/ is to provide further specification for facilities in § 112.10. An onshore oil operator should be familiar with the when drainage systems are used as production facility that qualifies as a routine oil-handling activities and train secondary containment methods, and Tier I qualified facility will generally employees on established procedures for how drainage from diked have the same type of equipment as an for oil handling, EPA does not believe containment areas should be oil production facility with larger oil it is necessary to include a description accomplished. In a smaller facility with storage capacity (i.e., a wellhead with a of these procedures in the SPCC Plan less complicated operations, this pumpjack, flowlines, oil separation template. additional specification is not equipment and oil storage and produced Section 112.7(a)(3)(iii) Discuss necessary. water containers) and therefore, no discharge or drainage controls (e.g., Sections 112.8(c)(7) and 112.12(c)(7) further differentiation is warranted. An secondary containment) and Requirements for monitoring internal onshore drilling or workover facility has procedures. In order to simplify heating coils. A facility with smaller oil three additional requirements under completion of the SPCC Plan template, storage containers is unlikely to have oil § 112.10. The facility must: position or we have removed the requirement to storage containers with heating coils locate mobile drilling or workover describe the facility drainage and due to the type of operations conducted equipment so as to prevent a discharge secondary containment. Instead, Section and the kind of oil commonly used at as described in § 112.1(b); provide 2 of the Plan template includes a table such a facility. Therefore, eliminating catchment basins or diversion structures for the owner or operator to identify oil this requirement is appropriate. to intercept and contain discharges of Sections 112.8(c)(9) and 112.12(c)(9) storage containers and the method of fuel, crude oil, or oily drilling fluids; Effluent treatment facility inspections. A secondary containment provided for and install a blowout prevention (BOP) facility with smaller oil storage each container. EPA believes this is assembly and well control system that is containers generally does not maintain appropriate, considering the smaller effective to control wellhead pressure. an effluent treatment system. Therefore, volumes of oil stored or handled at The presence of smaller oil storage eliminating this requirement is these facilities. containers does not support appropriate. differentiation of these requirements, Section 112.7(a)(3)(v) Discuss Section 112.8(d)(1) and 112.12(d)(1) however, an onshore oil production, methods of disposal of recovered Corrosion protection for buried piping. drilling or workover facility that is materials. In order to simplify A facility with smaller oil storage eligible as a Tier I qualified facility will completion of the SPCC Plan template, containers generally does not maintain benefit from the differentiated we have removed the requirement to extensive or complicated buried piping requirements under § 112.7. discuss disposal methods for recovered systems. Therefore, eliminating this EPA also believes that no further materials. However, the owner/operator requirement is appropriate. differentiation is warranted for offshore is still obligated to meet all local, state Sections 112.8(d)(2) and 112.12(d)(2), drilling, production, and workover and Federal regulatory requirements for and 112.8(d)(3) and 112.12(d)(3) facilities subject to § 112.11. Due to the the proper disposal of oil contaminated Capping or blank-flanging terminal nature of operations associated with materials following an oil discharge. connections and design of pipe these types of facilities, they are not Section 112.7(h) Facility tank car supports. A facility with smaller oil likely to meet the criterion of a and tank truck loading/unloading rack. storage containers generally does not maximum individual container capacity Elsewhere in this notice, EPA is maintain extensive or complicated of 5,000 U.S. gallons. proposing a definition for the term piping systems, and piping is generally The Agency notes that under the ‘‘loading/unloading rack.’’ Given the limited in length and adjacent to existing SPCC requirements, the Tier I qualified facility eligibility buildings or associated equipment. Regional Administrator (RA), after criteria, a Tier I qualified facility would Therefore, eliminating this requirement reviewing a facility’s Plan, has the be unlikely to have a loading/unloading is appropriate. authority under § 112.4 to require an rack, as proposed to be defined in Section 112.8(d)(5) and 112.12(d)(5) owner or operator of a facility to amend § 112.2, because a Tier I qualified Warn vehicles of aboveground piping. A the SPCC Plan if the RA finds that an facility would not typically be involved facility with smaller oil storage amendment is necessary to prevent and with oil distribution. Therefore, containers generally does not maintain contain discharges from the facility. eliminating this requirement is extensive or complicated piping systems Such an amendment may include appropriate. that may be impacted by vehicles requiring PE certification in accordance Section 112.7(i) Brittle fracture entering or leaving the facility. with § 112.3(d). Under this proposal, evaluation. This requirement applies to Furthermore, piping is generally limited this provision would also apply to Tier field-constructed, aboveground in length and adjacent to buildings or I qualified facilities. An RA could, if containers. Field-constructed containers associated equipment. Therefore, warranted, require a Tier I qualified tend to be greater than 5,000 U.S. eliminating this requirement is facility to prepare a full (i.e., not using gallons in capacity; under this proposal, appropriate. the template) SPCC Plan with PE a Tier I qualified facility would not have Section 112.9(d)(2) Inspect saltwater certification. any containers greater than 5,000 U.S. disposal facilities. EPA does not expect The Agency also notes that use of the gallons in capacity. Therefore, there to be any saltwater disposal Plan template approach would be eliminating this requirement is equipment generally associated with an optional. Under this proposed rule, an appropriate. oil production facility that meets the owner or operator of a Tier I qualified

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facility could choose to prepare and equipment or procedures implemented The owner or operator must also implement either a full PE-certified at the facility to meet the requirements. complete one of the Sections labeled A SPCC Plan or a self-certified SPCC Plan Specifically, detailed descriptions through C, according to the type of according to all of the requirements of would be provided for: (1) The facility, as follows: Section A in the case § 112.6(b) in order to comply with the inspection/testing program used for all of an onshore facility (excluding requirements under 40 CFR part 112. In aboveground storage containers and production) such as a farm; Section B in other words, if a Tier I qualified facility piping; (2) security measures (except for the case of an onshore oil production owner/operator chooses not to use the oil production facilities); (3) immediate facility; and Section C in the case of an Plan template in Appendix G, he would actions to be taken in the event of a onshore oil drilling and workover then be required to comply with the reportable discharge (i.e., a discharge to facility. The Agency did not include Tier II qualified facility requirements in navigable waters or adjoining requirements for offshore oil drilling, § 112.6(b). Any owner or operator of a shorelines); (4) procedures for production or workover facilities in the qualified facility may also choose to preventing overfills from each oil template because EPA is not aware of prepare a full PE-certified Plan instead storage container; and (5) the flowline/ any offshore drilling, production or of a self-certified one. intra-facility gathering line maintenance workover facility that would meet the The Agency believes that proposing a program (for oil production facilities). Tier I qualification criteria. simpler, less costly compliance option The proposed template also includes EPA believes that this simplified for these smaller, less complex facilities attachments with various tables that the approach to developing an SPCC Plan will improve overall compliance with owner or operator may use to record for Tier I qualified facilities is the SPCC regulation resulting in compliance activities, such as periodic responsive to the concerns expressed by enhanced environmental protection. Plan reviews, equipment inspections, small businesses and the SBA Office of EPA seeks comments on whether the personnel training, and discharge Advocacy, and is consistent with the proposed streamlined set of rule notifications. Records of inspections characteristics of these facilities having provisions for Tier I qualified facilities and tests kept under usual and a limited number of oil storage addresses the concerns of owners and customary business practices also containers, smaller overall oil storage operators of facilities with relatively would suffice. An owner or operator capacities, simple configurations, fewer smaller volumes of oil and simpler may insert additional pages to his Plan oil transfers, and often have no further configurations, while maintaining the to provide more detailed descriptions of distribution of oil. The Agency seeks comments on environmental protection intended by equipment or procedures than allowed whether the proposed SPCC Plan the regulation. Any suggestions for in the space provided in the template, template in Appendix G for Tier I alternative approaches and whether and provide the appropriate reference in qualified facilities addresses the additional provisions should be the relevant template field. included or excluded from the template concerns of owners and operators of At a minimum, an owner or operator must include an appropriate rationale facilities with relatively smaller would be required to fill out all and supporting data in order for the volumes of oil, while maintaining the applicable portions of the Plan template. Agency to be able to consider it for final environmental protection intended by EPA would expect an owner or operator action. the regulation. The Agency also seeks to complete all fields in the general comments on the clarity and ease-of-use 3. SPCC Plan Template portion of the template (Sections I and of the Plan template. The proposed SPCC Plan template for II, and III.1 through III.8), and the Tier I qualified facilities is found at specific portion of the template that b. Environmental Equivalence and Impracticability Determinations Appendix G in this proposed rule. To applies to their facility type (A, B, or C facilitate the development of SPCC of Section III). Use of the Appendix G template Plans at Tier I qualified facilities, EPA The first part of the proposed Plan would be limited to those facilities that would also make the Plan template template contains summary information do not use environmentally equivalent available on its Web site, http:// about the facility. Section I contains the measures under § 112.7(a)(2) and that do www.epa.gov/emergencies. Once self-certification statement that must be not determine secondary containment to completed and certified by the owner or signed by the owner or operator. By be impracticable as per § 112.7(d). An operator, the Plan template would serve signing this statement, the facility owner or operator of a Tier I qualified as the SPCC Plan for the facility. As for owner or operator preparing the Plan facility who wants to use such any facility subject to the SPCC rule, the would commit to implementing the deviations may choose to prepare and owner or operator must maintain a measures described in the Plan. In implement a self-certified Plan in written copy of the Plan—which in this Section II, the owner or operator accordance with the Tier II qualified case would be the completed and acknowledges the requirements to facility requirements in § 112.6(b) and certified SPCC Plan template—at the review and amend the Plan, and Plan can then have a licensed PE review and facility or at the nearest field office if reviews and amendments can be certify those portions of the SPCC Plan the facility is attended less than four recorded in Attachment 2 to the Plan that provide for alternate measures to be hours per day (§ 112.3(e)). template. Section III consists of the implemented at the facility. However, requirements that apply to all facility these facilities would not be able to use a. SPCC Plan Template Format types and include, in order: (1) Oil the template in Appendix G to comply The proposed template in Appendix Storage Containers; (2) Secondary with the SPCC rule because Tier II G consists of a simple form, where the Containment and Oil Spill Control; (3) facilities have additional SPCC facility owner/operator can confirm that Inspections, Testing, Recordkeeping, requirements that are not included in that the facility meets the rule and Personnel Training; (4) Security the Plan template. Tier I qualified requirements by marking the (excluding oil production facilities); (5) facilities may also choose to prepare and appropriate checkboxes. In other Emergency Procedures and implement a PE-certified Plan in sections, the owner or operator would Notifications; (6) Contact List; (7) NRC accordance with the full set of enter the relevant information in a Notification Procedure; and (8) SPCC applicable requirements in § 112.7 and summary table, or describe the Spill Reporting Requirements. subparts B and C of the rule.

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4. Self-Certification and Plan production facilities; implement the change in the facility, prepare and Amendments Plan; and certify that the information in implement a Plan in accordance with The elements of the Tier I self- the Plan is true. the general Plan requirements in certification requirement currently Under § 112.5 of the SPCC rule, an § 112.7, and applicable requirements in being proposed are similar in scope to owner or operator must review and subparts B and C. those required for an owner or operator amend the SPCC Plan following any The Agency seeks comments on the of a qualified facility who chooses to change in facility design, construction, appropriateness of these self- self-certify a Plan (as promulgated in operation, or maintenance that certification elements and Plan December 2006, 71 FR 77266). An materially affects its potential for a amendment requirements, and on owner or operator of a Tier I qualified discharge as described in § 112.1(b). whether there are other requirements Consistent with the current requirement facility who chooses to complete an that should be included. Any for qualified facilities, the owner or Appendix G template Plan would be suggestions for differentiation for the operator of a Tier I qualified facility required to certify that: (1) He is familiar template must include an appropriate would be allowed to self-certify any of with the applicable requirements of the rationale and supporting data in order these technical amendments to the Plan SPCC rule; (2) he has visited and for the Agency to be able to consider it under § 112.6(a)(2), and document this examined the facility; (3) the Plan has for a final action. been prepared in accordance with certification in the Plan template. accepted and sound industry practices If the owner or operator of a Tier I 5. Tier II Qualified Facility and standards; (4) procedures for qualified facility makes changes to the Requirements required inspections and testing have facility such that the maximum been established in accordance with individual oil storage container capacity EPA proposes to designate qualified industry inspection and testing is greater than 5,000 U.S. gallons, the facilities that do not meet the additional standards and recommended practices; facility no longer qualifies as a Tier I criterion for Tier I qualified facilities (5) the Plan is being fully implemented; facility and is not eligible to implement (i.e., no individual oil storage container (6) the facility meets the qualification the self-certified SPCC Plan template. with a capacity greater than 5,000 U.S. criteria set forth under § 112.3(g)(1); (7) The facility owner or operator must gallons) as Tier II qualified facilities. the Plan does not utilize the determine whether the facility still Although EPA is proposing changes to environmental equivalence or meets the eligibility criteria for a Tier II the organization of the regulatory text in impracticability provisions under qualified facility (i.e., total aboveground § 112.6 in order to accommodate the § 112.7(a)(2) and 112.7(d); and (8) the storage capacity remains below 10,000 tiered approach, the requirements for Plan and the individual(s) responsible gallons). If the facility meets the Tier II Tier II qualified facilities remain the for implementing the Plan have the full qualified facility criteria, the owner/ same as they were finalized in approval of management and the facility operator would be required to, within December 2006 (71 FR 77266). Tier II owner or operator has committed the six months following the change in the qualified facilities may choose to necessary resources to fully implement facility, prepare and implement a Plan comply with the requirements in the Plan. in accordance with the proposed proposed § 112.6(b) by completing and The template also includes a section § 112.6(b) or prepare and implement a implementing a self-certified SPCC that acknowledges the owner/operators’ Plan in accordance with the general Plan, in lieu of having a PE-certified obligation to report oil discharges; Plan requirements in § 112.7, and the Plan. The self-certified SPCC Plan must review and amend the SPCC Plan; applicable requirements in subparts B comply with all of the applicable prepare an oil spill contingency plan and C, including having the Plan requirements of section § 112.7 and and provide a written commitment of certified by a PE, as required under subparts B and C of the rule. The resources for qualified oil-filled § 112.3(d). If, on the other hand, the following table illustrates the tiers, operational equipment (in lieu of facility is no longer a qualified facility, criteria and options for qualified secondary containment) or for flowlines the owner/operator would be required facilities and all others as described in and intra-facility gathering lines at oil to, within six months following the this notice:

Qualified facilities All other facilities Tier I Tier II

If the facility has 10,000 gallons or less in ag- If the facility has 10,000 gallons or less in ag- If the facility has greater than 10,000 gallons gregate aboveground oil storage capacity; gregate aboveground oil storage capacity; in aggregate aboveground oil storage ca- and and pacity, or If the facility has not had (1) a single discharge If the facility has not had (1) a single dis- If the facility has had (1) a single discharge of of oil to navigable waters exceeding 1,000 charge of oil to navigable waters exceeding oil to navigable waters exceeding 1,000 U.S. gallons, or (2) two discharges of oil to 1,000 U.S. gallons, or (2) two discharges of U.S. gallons, or (2) two discharges of oil to navigable waters each exceeding 42 U.S. oil to navigable waters each exceeding 42 navigable waters each exceeding 42 U.S. gallons within any twelve-month period, in the U.S. gallons within any twelve-month pe- gallons within any twelve-month period, in three years prior to the SPCC Plan certifi- riod, in the three years prior to the SPCC the three years prior to the SPCC Plan cer- cation date, or since becoming subject to the Plan certification date, or since becoming tification date, or since becoming subject to SPCC rule if facility has been in operation for subject to the SPCC rule if facility has been the SPCC rule if facility has been in oper- less than three years; and in operation for less than three years; ation for less than three years; or If the facility has no individual oil containers If the owner/operator is eligible for qualified greater than 5,000 gallons; facility status, but decides not to take the option;

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Qualified facilities All other facilities Tier I Tier II

Then: The facility may complete and self-certify Then: The facility may prepare a self-certified Then: The facility must prepare a PE-certified an SPCC Plan template (proposed as Appen- SPCC Plan in accordance with all of the SPCC Plan in accordance with all of the dix G to 40 CFR part 112) in lieu of a full applicable requirements of § 112.7 and sub- applicable requirements of § 112.7 and sub- SPCC Plan reviewed and certified by a Pro- parts B and C of the rule, instead of one re- parts B and C. fessional Engineer (PE) viewed and certified by a Professional Engi- neer (PE)

It is important to note that Tier II determines that the facility is discharge will not escape containment qualified facilities would not be able to ‘‘qualified’’ according to the criteria before cleanup occurs. With this use the Appendix G template because it promulgated in December 2006—would proposed revision, EPA seeks to provide does not include all of the SPCC need only to consider the aggregate clarity consistent with the explanation requirements that may apply for these storage capacity to determine if the Tier found in the guidance document facilities. I option is available. regarding the method, design, and EPA is also proposing to remove the However, there are no data to support capacity of secondary containment as streamlined security and integrity setting a total facility capacity threshold required under § 112.7(c). testing requirements for qualified for a subset of qualified facilities to Furthermore, § 112.7(c)(1) and (2) list facilities. Under this proposal, the establish a lower tier of differentiated several example methods for providing flexibility already available for qualified requirements. Furthermore, no strong secondary containment. These methods facilities would be extended to all rationale exists to support some areas are examples only; other containment facilities, so these requirements would for differentiation in the template, based methods may be used, consistent with be redundant. on a 5,000-gallon total facility storage good engineering practice. To provide clarity for the regulated community, 6. Alternative Options Considered capacity threshold alone. EPA’s preferred option ties the container EPA is proposing to expand the list of In developing the amendments capacity threshold to existing examples of secondary containment proposed in this notice, EPA considered differentiation in the STI SP001 methods for onshore facilities. By the following alternatives for standard for container inspections. expanding this list of examples, EPA streamlining requirements for a subset Additionally, a lower tier at the 5,000- intends to include some additional of qualified facilities: gallon threshold capacity may prevention systems commonly used at a. Exemption From SPCC Regulation complicate applicability of the relief for facilities. Under this option, EPA would exempt facilities with fluctuating oil storage 1. Proposed Revisions to the General a certain subset of qualified facilities capacity. Secondary Containment Requirement from the SPCC requirements altogether, The Agency seeks comments on these alternative options. Any suggestions for a. Containment Method, Design, and based on a lower facility storage Capacity capacity threshold (e.g., 5,000 U.S. additional alternatives must include an gallons). The exemption of Tier I appropriate rationale and supporting EPA proposes to clarify the general qualified facilities from the SPCC data in order for the Agency to be able secondary containment requirement at regulation would significantly reduce to consider it for final action. § 112.7(c) by adding the text ‘‘In determining the method, design, and the number of facilities subject to the H. General Secondary Containment SPCC requirements. This regulatory capacity for secondary containment, you alternative would also simplify the At a facility subject to the SPCC rule, need only to address the typical failure applicability of the rule for qualified all areas with the potential for a mode, and the most likely quantity of facilities. However, there is no rationale discharge as described in § 112.1(b) are oil that would be discharged. Secondary or basis for exempting Tier I qualified subject to the general secondary containment may be either active or facilities completely from the SPCC containment provision, § 112.7(c). These passive in design.’’ rule. Furthermore, there are no data to areas may have loading/unloading areas In the SPCC rule, the general support setting a facility capacity (also referred to as transfer areas), secondary containment provision is threshold lower than the current 10,000- piping, and/or mobile refuelers, and complemented by various specific gallon capacity threshold for qualified may include other areas of a facility secondary containment requirements facilities. where oil is present. The general (e.g., §§ 112.7(h)(1), 112.8(c)(2), secondary containment requirement 112.8(c)(11), 112.9(c)(2), 112.12(c)(2), b. Tier I Eligibility Criteria Based on requires that these areas be designed 112.12(c)(11)) which address the Total Facility Storage Capacity with appropriate containment and/or potential for oil discharges from specific Under this option, EPA would diversionary structures to prevent a parts of a facility where oil is stored or determine the eligibility for Tier I discharge of oil in quantities that may handled, such as at a bulk storage qualified facilities by establishing a be harmful (i.e., as described in 40 CFR container or a loading/unloading rack. lower facility storage capacity threshold, part 110 into or upon navigable waters These specific secondary containment such as 5,000 U.S. gallons. This action of the United States or adjoining requirements address the design, sizing mirrors SBA’s approach in its multi- shorelines; see § 112.1(b)). EPA clarified and freeboard capacity to account for a tiered structure proposal (submitted as a in the SPCC Guidance for Regional major container failure. In contrast, the public comment in response to the 2005 Inspectors (version 1.0, November 28, general secondary containment SPCC notice of proposed rulemaking, 2005) that ‘‘appropriate containment’’ provision is intended to address the OPA–2005–0001–0120). One advantage should be designed to address the most most likely oil discharge from any part of this option is its simplicity, since a likely discharge from the primary of a facility. Therefore, in determining facility owner or operator—once he containment system, such that the how to provide appropriate general

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secondary containment, a facility owner occurring during transfers, an active containers (such as drums), uncoupling or operator would consider the typical measure (e.g., sock, mat, or other of hoses during bulk transfer operations, failure mode and most likely quantity of portable barrier, or land-based response and for pumps, valves, and fittings. oil that would be discharged. Based on capability) may be appropriate, Sumps and collection systems generally these site-specific conditions, the owner provided that the measure is capable of involve a permanent pit or reservoir and or operator can determine what capacity containing the oil discharge volume and the troughs/trenches connected to it that of secondary containment is needed, rate, and is timely and properly collect oil. and design the containment method constructed/deployed. By expanding the list of example accordingly. The most likely quantity of The general secondary containment secondary containment methods found oil discharged is not often expected to approach implemented at a facility need in § 112.7(c)(1), EPA intends to increase be the maximum capacity of the not be ‘‘one size fits all.’’ Different the clarity and better represent current container. approaches may be taken for the same prevention practices. EPA emphasizes For example, at a regulated transfer activity at a given facility, depending on that the list of prevention systems are area where a truck loads fuel into an oil the material and location. For example, examples only; other containment tank, the owner or operator may the SPCC Plan may specify that drain methods may be used, consistent with determine that the reasonably expected covers and sorbent material be pre- good engineering practice. source and cause of a discharge would deployed prior to transfers of low EPA requests comments on the be a ruptured hose connection, and that viscosity oils in certain areas of a appropriateness of amending the general a shutoff valve is present and accessible facility located in close proximity to secondary containment provision to to the attendant. To determine the most navigable waters/adjoining shorelines or expand the list of example secondary likely quantity of oil that would be drainage structures. For other areas and/ containment methods found in discharged, the oil’s rate of flow and the or other products (e.g., highly viscous § 112.7(c)(1). Any suggestions for amount of time it would take for the oils), the Plan may specify that alternative approaches must include an attendant to close the valve need to be sufficient spill response capability is appropriate rationale in order for the considered, in accordance with good available for use in the event of a Agency to be able to consider it for final engineering practice. Depending on the discharge, so long as personnel and action. likely quantity of oil that would be equipment are available at the facility 2. Alternative Option Considered: No discharged, the owner/operator may and these measures can be effectively Action determine that the appropriate method implemented in a timely manner to of secondary containment is a passive prevent oil from reaching navigable EPA considered taking no regulatory containment measure, such as curbing waters and adjoining shorelines. action regarding this issue. The current around the area, or, if the likely quantity Whatever method is used, the owner regulatory language currently allows for of oil is reasonably handled by spill kits, or operator must document in the SPCC the facility owner/operator to design then such an active method of Plan the rationale for each containment secondary containment based on a containment may be used. method (i.e., how the use of the measure typical failure mode and likely quantity Under this proposal, EPA would is appropriate to the situation). The discharged. However, EPA believes that further amend § 112.7(c) to make it clear SPCC Plan must also describe the modifying the general secondary that the requirement allows for the use procedures to be used to deploy any containment language at § 112.7(c) is of both active and passive secondary active measures and explain the appropriate to more clearly illustrate the containment measures to prevent a methods for discharge discovery that flexibility already contained in the rule, discharge to navigable waters or will be used to determine when as described in the guidance document. adjoining shorelines. Active deployment of the active measure is 3. General Secondary Containment for containment measures are those that appropriate (§ 112.7(a)(3)(iii)). Non-Transportation-Related Tank EPA requests comments on the require deployment or other specific Trucks action by the operator. These measures appropriateness of the proposed may be deployed either before an language for the general secondary In the December 2006 amendments to activity involving the handling of oil containment provision to provide clarity the SPCC rule (71 FR 77266, December starts, or in reaction to a discharge, so regarding the method, design, and 26, 2006), EPA exempted mobile long as the active measure is designed capacity of secondary containment as refuelers from the sized secondary to prevent an oil discharge from required under § 112.7(c), consistent containment requirements applicable to reaching navigable waters or adjoining with current Agency guidance. Any bulk storage containers. In the amended shorelines. Active measures are also suggestions for alternative approaches regulation, EPA defined a mobile referred to as spill countermeasures. In must include an appropriate rationale in refueler as ‘‘a bulk storage container contrast, passive measures are order for the Agency to be able to onboard a vehicle or towed, that is installations that do not require consider it for final action. designed or used solely to store and deployment or action by the operator. transport fuel for transfer into or from The SPCC Guidance for Regional b. List of Secondary Containment an aircraft, motor vehicle, locomotive, Inspectors (Version 1.0, November 28, Methods for Onshore Facilities vessel, ground service equipment, or 2005) provides several examples of the EPA also proposes to amend the other oil storage container.’’ (See use of active measures at an SPCC- general secondary containment § 112.2). EPA recognizes that non- regulated facility. The efficacy of active provision at § 112.7(c)(1) to include the transportation-related tanker trucks may containment measures to prevent a following additional example operate similarly to mobile refuelers, discharge depends on their technical prevention systems for onshore though not specifically transferring fuel. effectiveness (e.g., mode of operation, facilities: Drip pans, sumps, and Therefore, they may have the same absorption rate), placement and collection systems. Drip pans are difficulty in complying with the sized quantity, and timely deployment prior typically used to isolate and contain secondary containment requirements. to or following a discharge. For small drips or leaks until the source of EPA requests comment on whether the discharges that occur only during the leak is repaired. They are commonly regulatory relief provided to mobile attended activities, such as those used with product dispensing refuelers in 2006 (i.e., an exemption

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from the sized secondary containment (DHS) and other regulatory agencies to eliminate the need for PE-certified requirements) should be extended to which a facility subject to the SPCC rule environmentally equivalent alternatives non-transportation-related tank trucks at may also be subject, EPA believes that to the specified security requirements, a facility subject to the SPCC rule. Such it is important to provide flexibility in because the proposed provision would tank trucks include those used to store complying with the security already provide the flexibility for the for short periods of time and transport requirements to allow an owner/ owner/operator to provide whatever fuel, crude oil, condensate, non- operator of a facility to customize a measures are most appropriate for the petroleum, or other oils for transfer to or security program. By revising the facility, as long as they accomplish the from bulk storage containers, e.g., a facility security requirements to make stated security goal. truck used to refill oil-filled equipment them more performance-based, EPA EPA requests comments on the at an electrical substation or a pump expects to improve compliance rates, appropriateness of extending the truck at an oil production facility. thereby enhancing environmental streamlined security requirements Under this approach, the general protection. already available to qualified facilities secondary containment requirements at to all facilities regulated by the SPCC § 112.7(c) would still apply. This 1. Proposed Revisions to the Security rule. Any suggestions for alternative approach is also consistent with the Requirements approaches must include an appropriate general secondary containment The application of the SPCC security rationale and supporting data in order requirements that are already applicable measures is often determined by the for the Agency to be able to consider it at the SPCC facility that the tank truck facility’s geographical/spatial factors for final action. is visiting, and would simplify and there is no ‘‘one-size-fits-all’’ 2. Alternative Option Considered: No compliance for the facility. However, answer to this requirement. Therefore, Action this exemption to sized secondary EPA is proposing to modify the security containment would not apply to a requirements at § 112.7(g) to make them EPA considered taking no regulatory vehicle used primarily for the bulk consistent with the streamlined, action regarding this issue. A facility storage of oil in a stationary location, in performance-based requirements owner or operator could continue to use place of a fixed oil storage container. currently found at § 112.6(c)(3)(ii) for alternate measures in lieu of the more prescriptive requirements currently I. Security qualified facilities. Because the proposed revised requirements at found at § 112.7(g), with a PE-certified In December 2005 (70 FR 73524, § 112.7(g) would apply to all facilities explanation of how the alternate December 12, 2005), EPA proposed to (excluding oil production facilities), measures are environmentally allow the owner and operator of a EPA proposes to remove § 112.6(c)(3), as equivalent. However, EPA believes that qualified facility to comply with a set of it would be redundant. modifying the security requirements at streamlined facility security This proposal would allow an owner § 112.7(g) to make them consistent with requirements (finalized in December or operator to describe in his SPCC Plan the streamlined, performance-based 2006 at 71 FR 77266). In the preamble how he will: requirements currently provided for to that proposal, EPA recognized that • Secure and control access to all oil qualified facilities is appropriate. there is no one single approach to handling, processing and storage areas; Therefore, EPA chose not to propose ensure proper facility security. For • Secure master flow and drain this ‘‘no action’’ option. example, the security requirements for valves; J. Integrity Testing fencing and lighting may not always be • Prevent unauthorized access to appropriate for sites such as a national, starter controls on oil pumps; In December 2006, EPA promulgated state, or local park subject to the SPCC • Secure out-of-service and loading/ an amendment (71 FR 77266, December requirements, where the site layout may unloading connections of oil pipelines; 26, 2006) allowing the owner or be too extensive to fence, and where the and operator of a qualified facility to comply lighting of a solitary container would • Address the appropriateness of with streamlined integrity testing invite, rather than deter, would-be security lighting to both prevent acts of requirements. This amendment allowed intruders. EPA has received comments vandalism and assist in the discovery of the owner or operator of a qualified from the regulated community oil discharges. facility to consult and rely on industry suggesting that the security A facility owner and operator would standards to determine appropriate requirements should be revised for all be required to document in his SPCC qualifications for inspectors/testing regulated facilities, for reasons Plan how these security measures are personnel and the appropriate integrity consistent with those for a qualified implemented. testing method for a particular container facility. EPA agrees that, even for a These proposed requirements would based on size, configuration, and design, facility that is not a qualified facility, it replace the more prescriptive fencing without the need for a PE-certified may not be appropriate to provide and other requirements, currently found explanation for this environmentally fencing around the entire perimeter, and in § 112.7(g)(1) through (5), and would equivalent deviation from the existing that lighting requirements in remote allow the facility owner/operator to rule requirements at § 112.8(c)(6) or areas may attract, rather than deter, determine how best to secure and § 112.12(c)(6). In the preamble to the vandals. Additionally, many oil storage control access to areas where a proposal for this amendment (70 FR sites at farms, parks, and similarly discharge to navigable waters or 73524, December 12, 2005), EPA isolated facilities have no electricity, adjoining shorelines may originate. recognized that a facility owner or which makes compliance with the With this proposed rule revision, EPA operator could rely on the appropriate lighting requirement difficult. In other would also allow the facility owner/ use of industry standards for integrity cases, oil storage sites, such as those at operator to determine how lighting can testing requirements, and that in certain farms, may be located where an owner be used to deter intruders and to assist site-specific circumstances, visual or operator is present around the clock. in the discovery of oil discharges, or inspection may be appropriate and Furthermore, due to the increased focus whether there is a more appropriate, sufficient for compliance with the on security requirements by the site-specific method. EPA believes that integrity testing requirement. EPA has Department of Homeland Security this proposed amendment would likely received comments from the regulated

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community suggesting that the integrity Rather than require a PE-certified provision, or from an industry standard, testing requirements promulgated for explanation of environmental if the alternate measure is equivalent to qualified facilities should be extended equivalence every time a facility owner the environmental protections provided to all regulated facilities, for reasons or operator chooses to base their by the rule requirement (as provided in consistent with those for a qualified integrity testing program on an industry § 112.7(a)(2)). In this case, a PE would facility. standard instead of the more stringent need to certify the reason for the EPA believes that owners or operators requirements in § 112.8(c)(6) or deviation and that the alternate of all types of facilities subject to either § 112.12(c)(6), EPA is proposing to measures are environmentally § 112.8(c)(6) or § 112.12(c)(6) would amend §§ 112.8(c)(6) and 112.12(c)(6) to equivalent. select particular testing methods to replace these provisions with the more EPA requests comments on the comply with these requirements based flexible language already provided for appropriateness of extending the on industry inspection standards such qualified facilities at § 112.6(c)(4)(ii). streamlined integrity testing as the Steel Tank Institute (STI) SP001 requirements already available to (Standard for Inspection of 1. Proposed Amendments to Integrity qualified facilities to all facilities subject Aboveground Storage Tanks) and Testing Requirements to § 112.8(c)(6) or § 112.12(c)(6). Any American Petroleum Institute (API) EPA proposes to replace the current suggestions for alternative approaches Standard 653 (Tank Inspection, Repair, regulatory requirements at §§ 112.8(c)(6) must include an appropriate rationale Alteration, and Reconstruction). For and 112.12(c)(6) with the regulatory and supporting data in order for the containers that meet certain requirements currently found at Agency to be able to consider it for final characteristics, industry standards may § 112.6(c)(4)(ii). EPA believes that any action. not require both visual inspection and SPCC facility owner or operator subject 2. Alternative Option Considered: No another system of non-destructive shell to § 112.8(c)(6) or § 112.12(c)(6) should Action testing, as is currently required in be allowed the increased flexibility §§ 112.8(c)(6) and 112.12(c)(6). offered by the inspection requirements EPA considered taking no action to For example, a facility may store oil at § 112.6(c)(4)(ii) (and corresponding modify the requirements at in a mobile or portable container, such reduction in burden associated with §§ 112.8(c)(6) and 112.12(c)(6). as a 55-gallon drum. Under the current developing environmental equivalence However, the Agency believes that all requirements at §§ 112.8(c)(6) and determinations), particularly for SPCC facility owners and operators 112.12(c)(6), drums are required to be portable containers. Because the subject to § 112.8(c)(6) or § 112.12(c)(6) visually inspected and are also subject proposed revised requirements at should be allowed the increased to a non-destructive testing method on §§ 112.8(c)(6) and 112.12(c)(6) would flexibility offered by the inspection a regular schedule. Alternatively, a apply to all facilities (excluding oil requirements currently provided for Professional Engineer may determine an production facilities), EPA is proposing qualified facilities, particularly for the environmentally equivalent measure, in to remove § 112.6(c)(4), as it would be inspection of portable containers and accordance with § 112.7(a)(2). However, redundant. small shop-built tanks. Therefore, EPA STI’s SP001 standard specifies that the This proposal requires a facility chose not to propose this ‘‘no action’’ minimum inspection requirement for owner or operator to: option. portable containers, such as drums, is • Test/inspect each aboveground K. Animal Fats and Vegetable Oils visual inspection by the owner/operator container for integrity on a regular unless no secondary containment is schedule and whenever material repairs Stakeholders have commented that provided. Therefore, under this are made. animal fats and vegetable oils (AFVOs) proposal to revise the integrity testing • Determine, in accordance with merit differentiated requirements under requirement, for portable containers industry standards, the appropriate the SPCC regulation. In particular, the provided with secondary containment, qualifications of personnel performing regulated community points to periodic visual inspection only by the tests and inspections, the frequency and differences between the toxicity and owner/operator can be sufficient under type of testing and inspections, which biodegradation profiles of AFVOs and §§ 112.8(c)(6) and 112.12(c)(6). For take into account container size, those of petroleum oils. Because of these portable containers without secondary configuration, and design. claims, and in response to the Edible Oil containment, the owner/operator must These provisions allow an owner/ Regulatory Reform Act (EORRA), the follow the requisite DOT leak testing operator to adopt inspection Agency has on several occasions and recertification requirements as requirements outlined in industry formally requested information and outlined in 49 CFR 173.28 (reuse, standards without the need for supporting scientific data that would reconditioning and remanufacturing of environmental equivalence inform such a determination. packaging), 49 CFR 178.803 (testing and determinations to be certified by a PE. The Agency provided a detailed certification of intermediate bulk The revised provision would continue review of AFVO toxicity and containers (IBCs)), and 49 CFR 180.605 to require an owner/operator to keep environmental effects as part of the (or equivalent for portable container comparison records (records of denial of a petition requesting to amend testing and recertification). Currently, inspections and tests kept under usual the Facility Response Plan (FRP) rule an owner/operator of a non-qualified and customary business practices will (62 FR 54508, October 20, 1997). EPA facility would need a PE to review and suffice) and to inspect the container’s has reviewed the data available at that certify sections of his SPCC Plan supports and foundations. The owner or time, as well as more recent data that demonstrating that such inspection operator would also be required to the Agency has gathered (See Technical procedures, which are based on conduct frequent inspection of the Background Document for Animal Fats provisions in the STI SP001 standard, outside of the container for signs of and Vegetable Oils Regulated under the are environmentally equivalent to deterioration, discharges, or Spill Prevention, Control, and § 112.8(c)(6) or § 112.12(c)(6), even if the accumulation of oil inside diked areas. Countermeasure (SPCC) Regulation (40 owner or operator chooses to adopt It is important to note that, under this CFR part 112) (September 12, 2007) in inspection requirements directly from proposal, a facility owner or operator the docket for today’s proposed the industry standard. may still deviate from the proposed rule rulemaking). Based on this review, EPA

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has determined that not all AFVOs are a result, EPA is unable to establish a requirements in this proposal. EPA non-toxic. Additionally, there are other ‘‘bright line’’ between AFVOs and all believes that AFVO bulk storage non-AFVO oils which have toxicity other oils based on biodegradability, containers which meet the above criteria profiles that are similar to some AFVOs. and thus believes it is not appropriate already have environmentally Therefore, the Agency continues to to differentiate between them based on equivalent measures in place for believe that it is not appropriate to this criterion. For more information, see integrity testing and thus, do not need differentiate between AFVOs and other Technical Background Document for to state reasons for nonconformance oils based on toxicity. Animal Fats and Vegetable Oils with the current integrity testing In addition, in 1999, EPA issued an Regulated under the Spill Prevention, requirements (i.e., visual inspection and Advanced Notice of Proposed Control, and Countermeasure (SPCC) some other testing technique). Rulemaking (ANPRM) regarding Regulation (40 CFR part 112), Therefore, we are proposing this differentiation of the requirements for (September 12, 2007), in the docket for alternative option for integrity testing AFVOs from petroleum and other oils this proposed rulemaking. and no environmental equivalence subject to the SPCC regulation (64 FR EPA is now considering whether there determination in accordance with 17227, April 8, 1999). In the 2002 would be an alternative approach to § 112.7(a)(2) is necessary. This amendments to the SPCC rule, EPA differentiation that is not based on the alternative would typically apply at provided new subparts to facilitate oil’s toxicity and its inherent physical/ food processing facilities that are subject differentiation between categories of oil chemical properties, but rather based on to 21 CFR part 110 and store animal fats listed in EORRA (67 FR 47042, July 17, the way these oils are stored and or vegetable oil that are intended for 2002). In December 2005, the Agency handled at a facility. EPA has focused human consumption. The regulations at again requested comments and scientific specifically on the integrity testing 21 CFR part 110 have specific evidence to support differentiation for requirements for bulk storage of AFVOs requirements for the design, AFVOs as part of a broader proposal to to address concerns raised by the construction, and use of AFVO amend the SPCC requirements (70 FR regulated community. Therefore, the equipment. The Agency believes that 73524, December 12, 2005). In Agency is considering a compliance the proposed criteria ensure that the December 2006, the Agency alternative for differentiated integrity- AFVO containers are less prone to promulgated amendments to the SPCC testing requirements for certain bulk internal and external corrosion and that regulation, which included removing storage containers that store AFVOs and the design elements make visual requirements that were not applicable that meet specific design and inspection effective. for facilities that stored AFVO (71 FR operational criteria. 77266, December 26, 2006). Specifically, EPA is proposing to 1. Differentiation Criteria The Agency has again examined the modify § 112.12(c)(6) to provide the PE Properly designed and implemented data submitted in response to the or the owner or operator certifying an integrity testing programs include aforementioned actions (Technical SPCC Plan the flexibility to determine practices and procedures to identify Background Document for Animal Fats the scope of integrity testing that is potential alterations to a bulk storage and Vegetable Oils Regulated under the appropriate for certain AFVO bulk container’s shell, bottom plate, Spill Prevention, Control, and storage containers. This flexibility foundation, and/or attached ancillary Countermeasure (SPCC) Regulation (40 would apply to those bulk storage equipment, all of which may CFR part 112), September 12, 2007). containers that are subject to the compromise a container’s integrity. EPA This data was submitted to support the applicable sections of the Food and generally believes it is important that claim that AFVOs biodegrade more Drug Administration (FDA) regulation the Plan include the scope of an readily than petroleum oils and 21 CFR part 110, Current Good integrity-testing program with therefore merit differentiated Manufacturing Practice in consideration of established industry requirements under the SPCC rule. Manufacturing, Packing or Holding standards. Factors to consider when Although this data indicates that the Human Food, and that meet the industry standards do not exist include, AFVOs tested degraded to a greater following additional criteria: (1) Are but are not limited to, the likelihood of extent than the petroleum oils tested, elevated; (2) made from austenitic the deterioration of the container other data published in the scientific stainless steel; have (3) no external foundation, stress-induced fractures in literature suggests that other non- insulation; and (4) are shop-built. That the shell wall or bottom plate, and AFVOs (e.g., some petroleum and is, an owner or operator would be internal and external corrosion. These synthetic oils) degraded equally to some allowed to use industry standards for are the factors the Agency considered in AFVOs. EPA also notes that the visual inspection of these containers, in setting the proposed criteria. The FDA biodegradation data submitted has been lieu of the current integrity testing requirements for design and generated from laboratory tests, and requirements (i.e., visual inspection and maintenance in addition to the criteria therefore are only representative of the some other testing technique) or the outlined in this proposal would be conditions set forth in the test, proposed revisions to the integrity environmentally equivalent to the representing a relatively limited testing requirements as outlined under current integrity testing requirements comparison of some vegetable oils with Section J in this proposal without under § 112.12(c)(6). some petroleum oils. Additionally, having to make an environmental other data published in the scientific equivalence determination, including a. Containers Subject to FDA and technical literature suggests that not stating the reasons for nonconformance Regulations—21 CFR Part 110 all AFVOs are as readily biodegradable with the current integrity testing When developing an integrity-testing as some have claimed. These findings requirements, in accordance with program for AFVO bulk storage are consistent with the findings from § 112.7(a)(2). The owner or operator containers, FDA rule requirements may other organizations that have used would be required to document serve, in whole or in part, as alternative biodegradation tests to evaluate oils. procedures for inspections and testing measures that provide equivalent That is, the laboratory tests suggest that in the SPCC Plan, including those for environmental protection to an industry there are petroleum and/or other oils AFVO bulk storage containers that are standard. Applicable requirements that biodegrade similarly to AFVOs. As eligible for the differentiated within 21 CFR part 110, when taken

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together with the additional criteria in Internal Corrosion. FDA requires the b. Elevated Bulk Storage Containers this proposal, can serve as equivalent design, construction, and use of FDA recommends, but does not alternative measures that include the equipment to preclude the adulteration require, that all plant equipment be main elements of an integrity-testing of food with, among other potential installed and maintained to facilitate its program under the SPCC regulation. The contaminants, metal fragments (21 CFR cleaning, including all adjacent spaces. minimal elements for this type of 110.40(a)). FDA further requires that According to 21 CFR 110.40(a), ‘‘all integrity-testing program can be food contact surfaces shall be corrosion- equipment should be so installed and separated into three main structural resistant when in contact with food. maintained as to facilitate cleaning of integrity areas: (1) Container While it is possible that corrosion of the the equipment and of all adjacent foundations, (2) container support interior surface of a bulk storage spaces.’’ In practice, an owner or structures, and (3) the container itself. container can occur, it is also likely that operator of a facility implementing this FDA requirements in each of these areas any metal that dislodges from the recommended practice is likely to have serve to support this proposed rule for interior surface is captured by a means a bulk storage container that is elevated AFVO. that prevents metal inclusion. EPA off the floor, based upon discussion i. Container Foundations. FDA believes that an owner or operator of a with AFVO container manufacturers requires that facilities be constructed in facility that monitors AFVOs for metal and owners or operators of AFVO such a manner that the floor, walls, and fragments as the oil exits the bulk facilities. Food equipment is generally ceilings be adequately cleaned and kept storage container, either by sampling the designed to stand on legs, which clean and in good repair (21 CFR oil itself for metal or by monitoring the 110.20(b)(4)). Bulk storage containers inclusion prevention device for metal elevates the plant equipment off the that sit atop floors that fall under this fragment accumulation, is a reasonable floor so that the space between the plant requirement are expected to be alternative approach to an internal equipment and the floor can be cleaned. maintained and kept in good repair. inspection for corrosion. This, in For the purposes of oil spill prevention, Substances that accumulate on the floor conjunction with the design and elevated bulk storage containers allow can present an unsanitary condition, applicable regulatory requirements are visual inspections for oil discharges all which may lead to food contamination. likely to prevent the corrosion of the around the container. In addition, cracks in the floor under internal contact surface in food grade An elevated bulk storage container and/or around the foundation of a bulk AFVO bulk storage containers. also facilitates complete drainage storage container can accumulate food External Corrosion. For some bulk because the oil can be withdrawn from particles, organic matter, pests, and storage container configurations, the lowest point in the container, so that other potentially unsanitary substances external corrosion can be the primary foreign substances or materials do not that also could lead to food concern with respect to their integrity. accumulate and contaminate the food contamination. EPA believes that the Significant corrosion to the exterior oil. For the purposes of oil spill procedures and practices, such as surface can occur from exposure to prevention, self-draining containers frequent monitoring of the floor around moisture and in some cases, may be operating using gravity flow allows a bulk storage container, that are enhanced if insulation is present. complete drainage and prevents implemented in order to address this Significant corrosion can also occur substances other than oil (e.g., water) requirement serve not only to comply from overfills of oil and/or any from accumulating at the bottom of the with the FDA requirements, but also associated substance(s) that have container, thus minimizing corrosion. address the elements associated with accumulated on the exterior surface, as EPA believes that the self-drainage the structural integrity of the container’s well as from cleaning and sanitizing design, in conjunction with the foundation. agents. applicable regulatory requirements, is ii. Container Support Structures. FDA FDA requires equipment that is in the likely to prevent the corrosion of the requires all plant equipment, including manufacturing or food-handling area internal contact surface in food grade the container’s structural supports, to be and that does not come into contact AFVO bulk storage containers. designed of such material and with food must be constructed to be EPA requests comments on this workmanship as to be adequately kept in a clean condition (21 CFR criterion for the proposed alternative cleanable, and for it to be properly 110.40(c)). Exterior surface of bulk approach for integrity testing for AFVO maintained (21 CFR 110.40(a)). Periodic storage containers that are located in the bulk storage containers. Any suggestions maintenance of the structural support(s) manufacturing or food-handling area must include an appropriate rationale of a bulk storage container is also an oil and that are subject to this requirement, and supporting data in order for the spill preventive measure, especially are expected to be maintained to a Agency to be able to consider it for final inside a facility where mobile higher standard than other bulk storage action. equipment (e.g. forklifts) can strike and containers, which are not subject to a c. Containers Made From Austenitic damage the container and/or its similar requirement. Since plant Stainless Steel structural supports. equipment used in the manufacturing or iii. Container Itself. When considering food-handling area must be designed to AFVOs are not required explicitly to the potential for corrosion, EPA be kept clean and withstand the be stored in austenitic stainless steel considered the FDA requirements for corrosive effects of cleaning agents, it is bulk storage containers under 21 CFR food contact surfaces (e.g., internal generally constructed of austenitic part 110. For example, a carbon steel surface of a food oil bulk storage stainless steel. container with an internal liner may container) and non-food contact EPA requests comments on the suffice for the corrosion resistant surfaces (e.g., external surface of a bulk appropriateness of using the FDA requirements under FDA because in this storage container). In most cases, FDA requirements under 21 CFR part 110 as case the lining is the food contact requirements address only food contact a criterion for the proposed alternative surface that is corrosion resistant. surfaces. For the purpose of oil spill approach for integrity testing. Any Although this meets the regulatory prevention, the potential for corrosion suggestions must include an appropriate requirements for food contact surfaces, of the external surface of bulk storage rationale in order for the Agency to be it also may be an indication that the oil container is equally important. able to consider it for final action. in the bulk storage container is

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incompatible with an unlined bulk that require an inspection between the container capacities. Because of their storage container of the same material. insulation and the exterior surface of a greater size and complexity, field- In addition, EPA believes that non- bulk storage container. Furthermore, we erected containers have more stringent homogenous container systems (e.g., do not know of any established industry engineering requirements than shop- containers with external insulation, methods or procedures, or industry fabricated containers which would need external coating, mild-carbon steel shell, standards specific to AFVOs, to evaluate to be considered in developing an internal liner) are more complex than the exterior surface of a bulk storage appropriate inspection program. For homogenous container systems (e.g., container that is covered by insulation. example, field-erected containers may containers constructed solely of Therefore, EPA believes only containers have variable shell-wall thicknesses, austenitic stainless steel) and may with no external insulation should be and/or be comprised of different require additional inspection measures included in this proposed alternative materials to account for variations in the to ensure the integrity of the container. option for integrity testing. stresses caused by hydrostatic pressure. Furthermore, austenitic stainless steel EPA requests comments on this These field-erected containers generally containers are often used because criterion for the proposed alternative have a significantly greater number of cleaning agents and acidic detergents approach for integrity testing for AFVO welds as compared to a shop-fabricated used to clean food and non-food contact bulk storage containers. Any suggestions container because they are fabricated surfaces can be corrosive if used on must include an appropriate rationale on-site from individual pieces. The incompatible surfaces. Therefore, EPA and supporting data in order for the stress on the container walls and joints proposes to limit this alternative Agency to be able to consider it for a is greater as the diameter and/or height approach for integrity testing to AFVO final action. Additionally, we seek input of the container increases. Finally, a bulk storage containers made of on any applicable standards, sanitary brittle fracture evaluation of a field- austenitic stainless steel. provisions, or other regulatory erected container may be necessary if It is important to note that this requirements that apply to the the thickness of the shell wall is above limitation is only for an owner or construction, design and/or inspection a certain value and the container operator that chooses to take advantage of AFVO bulk storage containers. undergoes a repair, alteration, of the alternative compliance option. A e. Shop-Fabricated Containers reconstruction, or a change in service facility Plan may still be certified with that might affect the risk of a discharge an environmental equivalence EPA has stated that visual inspection or failure. The complexity associated determination, in accordance with might suffice for elevated shop-built with the construction of field-erected § 112.7(a)(2) of the SPCC rule, for other bulk storage containers because these containers is considered in designing types of bulk storage containers that are containers can be inspected on all sides the scope and frequency of an integrity similarly corrosion resistant. (67 FR 47120, July 17, 2002). In the testing program. EPA requests comments on this SPCC Guidance for Regional Inspectors This proposal, therefore, is limited to criterion for the proposed alternative document, EPA went on to say that shop-fabricated containers because they approach for integrity testing for AFVO ‘‘* * * visual inspection provides are simpler in design and construction bulk storage containers. Any suggestions equivalent environmental protection (e.g., typically subject to less stress, must include an appropriate rationale when accompanied by certain have fewer welds, and are less likely to and supporting data in order for the additional actions to ensure that the be subject to brittle fracture failure) than Agency to be able to consider it for final containers are not in contact with the field-erected containers. The Steel Tank action. soil. These actions include elevating the Institute’s (STI) SP001, Standard for the container in a manner that decreases Inspection for Aboveground Storage d. Containers With No External corrosion potential and makes all sides Insulation Tanks, establishes the scope and of the container, including the bottom, frequency for visual inspections of EPA proposes to limit this proposed visible during inspection.’’ Shop- shop-fabricated containers. This alternative option to containers with no fabricated bulk storage containers, as proposed rule is consistent with past external insulation. The Agency opposed to field-erected, may best fit regulatory guidance and current believes that inspections based on these conditions. industry best practices for this frequent monitoring of the exterior EPA proposes to limit this proposed particular class of bulk storage surface of a bulk storage container for alternative option to shop-fabricated containers and thus, the Agency is corrosion and/or other mechanisms that containers (i.e., shop-built). Shop- proposing to require that the alternative can threaten a container’s integrity is a fabricated containers are those option be limited to shop-fabricated minimum criterion for an alternative containers that are shop-assembled in containers. measure that provides equivalent one piece before transport to the EPA requests comments on this environmental protection. External installation site which limits the criterion for the proposed alternative insulation covering the outside of a bulk maximum capacity of the container so approach for integrity testing for AFVO storage container acts as a physical that they can be transported over the bulk storage containers. Any suggestions barrier to effective visual examination of road by truck. Shop-fabricated must include an appropriate rationale the exterior surface. If not properly containers generally have lower volume and supporting data in order for the sealed, insulating materials covering the capacities, smaller tank diameters, and Agency to be able to consider it for a exterior surface of a bulk storage a fewer number of welds than field- final action. container and/or any associated erected containers and are typically equipment and piping can become comprised of a single type of material 2. Required Recordkeeping damp. Insulation that retains moisture with a single wall thickness. The SPCC regulations require and that is adjacent to a container’s Alternatively, field-erected (i.e., field- inspections and tests be conducted in exterior surface can cause significant constructed) containers can store much accordance with the written procedures corrosion, which may threaten the larger volumes of oil because individual that the owner or operator or the integrity of the container. pieces of the container can be certifying PE develop for the facility be EPA is unaware of any sanitation transported to and assembled at the kept with the SPCC Plan in accordance provision or regulatory requirements installation site, leading to much larger with the recordkeeping provisions of

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§ 112.7(e). We believe that visual implement an SPCC Plan; exempting drilling or workover activities, in inspection that is part of periodic flow-through process vessels at oil addition to §§ 112.1 through 112.7. maintenance of bulk storage container’s production facilities from the sized Second, consistent with the proposed support and foundation must be secondary containment requirements revisions to the definition of ‘‘facility’’ documented. Records of inspections and while maintaining general secondary that emphasize the flexibility in how a tests kept under usual and customary containment requirements and requiring facility owner or operator can determine business practices will suffice. To additional oil spill prevention measures; the boundaries of a facility, EPA is develop an appropriate inspection, establishing more prescriptive proposing to modify the definition of evaluation, and testing program for an requirements for contingency planning ‘‘production facility’’ to clarify the SPCC-regulated facility, the PE should and a flowline/intra-facility gathering flexibility allowed in determining the refer to the appropriate requirements line maintenance program, while extent of the facility. The current under 21 CFR part 110. exempting flowlines and intra-facility definition includes the phrase ‘‘and For these reasons, EPA believes that gathering lines at oil production located in a single geographical oil or streamlined integrity-testing facilities from secondary containment gas field operated by a single operator.’’ requirements for certain AVFO requirements; and clarifying the EPA proposes to modify the phrase to containers are warranted. This proposal definition of ‘‘permanently closed’’ as it clarify that a production facility ‘‘may does not relieve an owner or operator applies to an oil production facility. be located in a single geographical oil or from complying with any other bulk EPA also describes approaches for gas field operated by a single operator.’’ storage container requirement in alternative criteria for an oil production Because the definition of facility is § 112.12(c). The Agency requests facility to be eligible to self-certify an flexible, EPA recognizes that a comments on the proposed approach SPCC Plan as a qualified facility, and production facility need not be located and criteria. Any suggestions for approaches to address produced water in a single geographical field operated alternative approaches must include a storage containers at an oil production by a single operator. Like other rationale and supporting data in order facility. facilities, a production facility’s for the Agency to be able to consider it boundaries may be determined based on for final action. 1. Definition of Production Facility site-specific factors such as ownership, As described in section D above, EPA management, or operation of the L. Oil Production Facilities is proposing to modify the definition of containers, buildings, structures, Since its original promulgation in ‘‘facility’’ to clarify that contiguous or equipment, installations, pipes, or 1973, the SPCC rule has included non-contiguous buildings, properties, pipelines on the site; similarity in differentiated requirements for oil parcels, leases, structures, installations, functions, operational characteristics, production facilities (§ 112.9), as pipes, or pipelines may be considered and types of activities occurring at the compared to other types of facilities separate facilities, and to specify that site; adjacency; or shared drainage (§§ 112.8, 112.10, 112.11., and 112.12). the ‘‘facility’’ definition governs the pathways. Based on issues brought forth by the applicability of 40 CFR part 112. These The Agency seeks comments on regulated community and by other proposed revisions would allow an whether the proposed revision to the federal agencies (e.g., DOE), EPA is owner or operator to separate or definition of ‘‘production facility’’ is considering several ways that SPCC aggregate containers to determine the appropriate. Specifically, EPA seeks requirements can be further facility boundaries, based on such comment on whether the phrase ‘‘and streamlined, tailored, or clarified for oil factors as ownership or operation of the located in a single geographical oil or production facilities. buildings, structures, containers, the gas field operated by a single operator’’ As discussed in Section F above, EPA activities being conducted, property should be deleted from the definition to is proposing to exclude oil production boundaries, and other relevant provide greater clarity. Any suggestions facilities from the loading/unloading considerations. To provide clarity for alternative language to amend the rack requirements at § 112.7(h) because consistent with these proposed definition must include an appropriate oil production facilities typically do not revisions, EPA is also proposing certain rationale in order for the Agency to be have the equipment meeting the revisions to the definition of able to consider it for final action. proposed definition for a loading/ ‘‘production facility.’’ unloading rack. Such oil production b. Clarifications Related to Drilling and facilities may also benefit from the a. Proposed Revisions to the Definition Workover Facilities proposed revisions to the definition of of Production Facility Under the SPCC rule, the term ‘‘facility,’’ as described in Section D EPA is proposing to amend the ‘‘production facility’’ can encompass above, which may allow greater definition of ‘‘production facility,’’ as drilling and workover activities, as well flexibility in determining the extent of found in § 112.2, in two ways. First, as production operations. However, a facility. Consistent with the revisions consistent with the proposed revision to different provisions of the rule apply to to the definition of ‘‘facility,’’ EPA is the definition of ‘‘facility,’’ EPA seeks to these different activities. Therefore, EPA also proposing revisions to the clarify that while only the definition of seeks to clarify the requirements definition of ‘‘production facility’’ to ‘‘facility’’ governs the overall applicable to the various phases of clarify that the production facility applicability of 40 CFR part 112, the activities at a production facility: definition does not govern the definition of ‘‘production facility’’ is drilling, production, and workover. applicability of 40 CFR part 112, but used to determine which of the type- Both drilling and workover activities rather establishes which specific specific sections of the rule may apply tend to be temporary in nature and are provisions of the rule may apply at a at a particular facility, in addition to the performed using mobile rigs and particular facility. general rule sections. For example, if an associated equipment. The owner or Additional specific modifications onshore facility meets the definition of operator is required to develop an SPCC being proposed in this notice, as ‘‘production facility,’’ then the owner or Plan under § 112.3(c) because a drilling discussed below, include: Extending the operator is subject to the provisions of or workover facility is considered a timeframe by which a new oil § 112.9, or potentially to the provisions mobile facility. He is subject to the production facility must prepare and of § 112.10 if the facility is involved in administrative and general requirements

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of the SPCC rule (§§ 112.1 through workover activities. To clarify that a. Proposed Timeframe for Plan 112.7), as well as the specific drilling and workover activities are not Preparation and Implementation requirements in § 112.10 (for onshore subject to the provisions at § 112.9, EPA facilities) or § 112.11 (for offshore proposes to amend the title of § 112.9 to The proposed amendment would facilities). EPA notes that under the read ‘‘Spill Prevention, Control, and allow a new oil production facility that requirements of §§ 112.10 and 112.11, a Countermeasure Plan requirements for becomes operational after July 1, 2009 regulated oil storage container onshore oil production facilities six months after the start of operations associated with a drilling or workover (excluding drilling and workover to prepare and implement a Plan. The facility is subject to the general facilities).’’ EPA also proposes to amend ‘‘start of operations’’ for an oil secondary containment requirement the introductory sentence of the section production facility is indicated by the (§ 112.7(c)); however, no sized accordingly. start of well fluid pumping, transfer via secondary containment requirements The Agency seeks comments on flowlines, separation, treatment or exist. whether the proposed revisions to the storage of crude oil. EPA proposes to Drilling activities involve the initial title and introductory sentence of exclude oil production facilities from establishment of an oil well: drilling the § 112.9 adequately clarify that the the current requirements at hole, inserting and cementing the section does not apply to drilling and § 112.3(b)(1), and to add a new casing, and completing the well to start workover facilities. Any suggestions for paragraph at § 112.3(b)(3) to provide the the flow of oil to the surface. As noted alternative approaches must include an requirement for an owner or operator of above, a drilling facility must prepare appropriate rationale in order for the a new oil production facility to prepare and implement an SPCC Plan and is Agency to be able to consider it for final and implement an SPCC Plan six subject to the specific requirements in action. months after the start of operations. § 112.10 (for onshore facilities) or 2. SPCC Plan Preparation and The timeframe by which EPA is § 112.11 (for offshore facilities). Implementation proposing to extend SPCC Plan Once the oil is flowing, the drilling rig preparation and implementation was is removed from the site and production EPA proposes to amend § 112.3(b) to chosen based on EPA’s professional equipment, such as a pump or valve extend the timeframe by which an oil judgment, because such oil production assembly, is set up to extract or control production facility that becomes facilities are likely to stabilize within the flow of oil from the well. At this operational after July 1, 2009 must six months after the start of operations. point, drilling activities have ceased and prepare and implement an SPCC Plan. The proposed amendment is extended production has begun; the facility is Under the current rule, any facility that to oil production facilities only due to considered a production facility. The becomes operational after July 1, 2009 (a the circumstances specific to an oil processes performed at a typical oil ‘‘new facility’’) must prepare an SPCC production facility—their unique production facility include extraction, Plan before beginning operations. characteristics of variable and uncertain separation and treatment, storage, and Unlike other facilities subject to the initial flowrates. transfer. The owner or operator of a SPCC rule, however, an oil production Delaying SPCC Plan preparation and production facility is subject to the facility has unique characteristics implementation for a period of time administrative and general requirements during the start-up period of its after operations begin is somewhat of the SPCC rule (§§ 112.1 through operations, which lead to variability in consistent with the requirements 112.7) as well as the specific the amount and type of oil handled. originally promulgated in 1973 (38 FR requirements in § 112.9 (for onshore EPA recognizes that, based on the often 34164, December 11, 1973). At the time facilities) or § 112.11 (for offshore variable conditions of the oil reservoir, the rule was originally promulgated, facilities). for some oil fields, the type and During the life of an oil well, proportion of products may be uncertain EPA required preparation of an SPCC maintenance or remedial work may be until after the processes of extraction Plan six months after the start of necessary to improve productivity. A have begun. Additionally, the amount of operations and implementation of the specialized workover rig, equipment, pressure in the reservoir and the Plan no later than one year after the start and associated containers are brought changes introduced by drilling the well of operations. This requirement was onsite to perform the maintenance or hole could lead to variable initial amended in 2002 (67 FR 47042, July 17, remedial activities. Workover operations flowrates that may take time to stabilize. 2002) to require new facilities (those are distinct from the normal production While a new oil production facility on that become operational after the operations, and as such are not subject an older oil field may have predictable effective date of the rule) to prepare and to the requirements of § 112.9, but are flowrates and proportion of product, the implement an SPCC Plan before subject to the applicable requirements Agency notes the importance of beginning operations. EPA made this in § 112.10 (for onshore facilities) or providing this proposed relief for newer change because new facilities generally § 112.11 (for offshore facilities). Because oil fields. The variables associated with should already be aware of the need for workover activities are a distinct the start of operations could lead to an SPCC Plan. That is, new facilities operation and may be conducted by a significant changes in necessary storage subject to the SPCC rule are able to take separate owner or operator, a workover capacity and facility design. Such SPCC requirements into consideration operation may be considered a separate, changes would necessitate that an and undertake the necessary mobile facility, and described in a owner/operator of a new oil production construction, purchase equipment, or different SPCC Plan, separate from the facility continually amend his Plan until develop procedures before the start of production facility. EPA notes that operations stabilize, and have a licensed operations. However, this amendment although production activities may PE certify (or owner or operator of a in 2002 did not take into consideration temporarily cease during workover, if qualified facility self-certify) any the unique nature of oil production the production equipment and technical amendment. To alleviate this facilities. containers (such as those found in a burden, EPA proposes to extend the Unlike the requirements originally tank battery) remain operable then the time by which a new oil production promulgated in 1973, the proposed production facility owner/operator must facility must prepare and implement an amendment combines the date for Plan maintain his own SPCC Plan during SPCC Plan. preparation and implementation,

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allowing six months total time to both b. Alternative Option Considered: One a. Examples of Flowlines and Gathering prepare and implement an SPCC Plan. Year for Oil Production Facilities To Lines EPA notes that it is reasonable and Prepare and Implement a Plan For the purposes of the SPCC rule, flowlines are considered to be the usually less expensive to implement EPA considered an alternate option to piping that transfers oil and well fluids certain oil spill prevention measures, address the variability in start-up from the wellhead to the tank battery such as secondary containment around operations at a new oil production where separation and treatment containers, at the time of the container facility, wherein an owner/operator installation. Therefore, EPA recognizes equipment are typically found. A would be allowed one year for SPCC flowline may also connect a tank battery that even during the interim period Plan preparation and implementation before required Plan preparation and to an injection well. Flowlines are after the start of operations. A variation relatively small diameter steel or implementation, an oil production of this alternative is to allow six months facility may already have certain fiberglass piping (generally less than after the start of operations for SPCC four inches). Depending on the size of environmentally protective measures in Plan preparation, and another six the oil field, flowlines may run for place. Under Section 311(b)(3) of the months (for a total of one year after the hundreds of feet to a tank battery. Clean Water Act, the oil production start of operations) for Plan The term ‘‘gathering lines’’ is a facility owner or operator would still be implementation. EPA recognizes that general term referring to the piping or liable for any harmful quantities of oil providing one year is consistent with pipelines that transfer the crude oil discharged from the facility into the original promulgation of the rule in product between tank batteries, within navigable waters or adjoining 1973. However, in proposing this or between facilities. Gathering lines shorelines, even before the requirement amendment, EPA intends to provide often emanate from an oil production to prepare and implement an SPCC Plan this relief given the unique facility’s lease automatic custody comes into effect. Furthermore, the characteristics of a new oil production transfer (LACT) unit, which transfers oil Regional Administrator would continue facility. Given that an oil production to other facilities involved in gathering, to have the authority under § 112.1(f) to facility is likely to stabilize operations refining or pipeline transportation require an owner or operator of an oil within six months from start-up, one operations. EPA recognizes that production facility to prepare and year for Plan preparation and gathering lines are often outside of the implement an SPCC Plan or any implementation does not seem Agency’s jurisdiction because they applicable part at any point during the necessary. The date for SPCC Plan ‘‘transport’’ oil outside of an oil six months after start of operations, if a preparation and implementation was production facility. Based on a 1971 determination is made that it is selected given the timeframe for Memorandum of Understanding (MOU) necessary to prevent a discharge of oil stabilization of operations at a new oil with the Department of Transportation into navigable waters or adjoining production facility. Additionally, a (DOT) (see Appendix A to 40 CFR part shorelines. In addition, a facility owner/ facility owner/operator can request an 112), EPA has jurisdiction only over operator can request an extension of extension of time to come into non-transportation-related facilities, time to come into compliance in compliance in accordance with which includes pipelines that transport oil within a facility. Any pipeline, accordance with § 112.3(f) if § 112.3(f) if circumstances are beyond including a gathering line, that circumstances are beyond his control, his control, e.g., no qualified personnel transports oil between facilities or from e.g., there are no qualified personnel available or construction or equipment delivery delays. Therefore EPA chose a facility to a vessel, is considered available or construction or equipment not to propose this option. transportation-related and is therefore delivery delays. outside the jurisdiction of EPA and not The Agency welcomes comments on The proposed rule amendment would subject to the SPCC rule. However, the this alternative or other alternatives apply only to a new oil production definition of ‘‘facility’’ as it applies to regarding the variability during the facility. The proposed amendment the SPCC rule is flexible. As discussed start-up period of operations at a new in Section D of this preamble, an owner/ would not apply to a drilling or oil production facility. Any suggestions operator can choose to determine the workover facility. Drilling and workover must include an appropriate rationale facility’s boundaries based on a number facilities are subject to the requirement and supporting data in order for the at § 112.3(c) for mobile facilities and of site-specific factors. A typical oil Agency to be able to consider it for final production facility includes a wellhead, may implement a general Plan. action. Therefore, during the initial drilling of a tank battery (including, but not the well, there are measures required for 3. Flowlines and Intra-Facility limited to, separation equipment, stock spill prevention and response for any oil Gathering Lines oil containers and produced water discharges. containers), and the flowlines that EPA proposes to exempt flowlines transfer the oil and well fluids from the EPA requests comments on whether and intra-facility gathering lines from wellhead to the tank battery. Depending an amendment to the Plan preparation the secondary containment upon how an owner/operator defines and implementation date is appropriate requirements under the SPCC rule. In his facility, an oil production facility for new oil production facilities, and lieu of a secondary containment may also include gathering lines. For whether new facilities in other industry requirement, EPA proposes to require a example, if multiple tank batteries are sectors have similar variability during contingency plan and written included as part of the same facility for the start-up period of operations and commitment of manpower, equipment, purposes of developing one SPCC Plan, would therefore benefit from a similar and materials for flowlines and intra- then any gathering lines that connect compliance date extension. Any facility gathering lines at an oil the tank batteries, or flow to a central suggestions must include an appropriate production facility, and to prescribe collection or gathering area or rationale and supporting data in order specific requirements for a flowline and centralized tank battery within the for the Agency to be able to consider it intra-facility gathering line maintenance facility boundaries, must also be for final action. program. included in the SPCC Plan. EPA

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considers any gathering lines within the is proposing an amendment to § 112.7(c) contingency plan and written boundaries of a facility to be ‘‘intra- that would remove secondary commitment of manpower, equipment, facility gathering lines’’ and within containment requirements for flowlines and materials required to expeditiously EPA’s jurisdiction for the purposes of and intra-facility gathering lines at an control and remove any quantity of oil SPCC rule applicability. oil production facility, and instead discharged that may be harmful is an EPA notes that the definition of require implementation of an oil spill adequate alternative measure. Any ‘‘production facility’’ has included both contingency plan in accordance with 40 suggestions must include an appropriate the terms ‘‘flowlines’’ and ‘‘gathering CFR part 109 (Criteria for State, Local rationale and supporting data in order lines’’ since it was promulgated in July and Regional Oil Removal Contingency for the Agency to be able to consider it 2002 (67 FR 47042), and that EPA is Plans) and a written commitment of for final action. simply clarifying, not modifying, the manpower, equipment, and materials c. Flowline and Intra-Facility Gathering applicability to these types of pipelines required to expeditiously control and Line Maintenance Program found within a facility (‘‘intra-facility’’). remove any quantity of oil discharged Given the common understanding of that may be harmful, without having to EPA recognizes that a contingency the terms ‘‘flowline’’ and ‘‘gathering make an impracticability determination plan provides environmental protection line’’ within the oil production sector, for each piece of piping. This new in response to a discharge, but in order EPA does not believe that it is necessary requirement would be found in to implement such a plan, a discharge to propose definitions for these terms proposed revisions to § 112.9(d)(3). It detection mechanism is necessary. under § 112.2. However, EPA requests should be noted that the use of a Furthermore, EPA believes that with the comments as to whether regulatory contingency plan does not relieve the elimination of the requirement for definitions for ‘‘flowline’’ and ‘‘intra- owner/operator of liability associated secondary containment, it is important facility gathering line’’ are necessary, with an oil discharge to navigable to provide more prescriptive and if so, suggestions for an appropriate waters or adjoining shorelines that requirements for discharge prevention definition. Any suggestions must violates the provisions of Section to ensure the integrity of the primary include an appropriate rationale and 311(b)(3) of the Clean Water Act, 33 containment of the pipe. EPA believes supporting data in order for the Agency U.S.C. 1321(b)(3). that a strong program of flowline or to be able to consider it for final action. In the preamble to the 2002 intra-facility gathering line maintenance will provide additional preventative b. Requirements in Lieu of Secondary amendments (67 FR 47042, July 17, measures for these pipelines and Containment 2002), EPA discusses how any facility owner/operator who makes a increase discharge detection ability. The SPCC rule requires secondary determination of impracticability and The current SPCC requirement to containment for all areas of a facility has submitted a Facility Response Plan have a program of flowline where there is a potential for discharge (FRP) under § 112.20 has satisfied the maintenance, found at § 112.9(d)(3), is as described in § 112.1(b). This contingency planning requirement, general in nature and offers the facility requirement, found at § 112.7(c), applies because an FRP is more comprehensive owner/operator a great deal of discretion to flowlines and intra-facility gathering than a contingency plan under 40 CFR in determining how best to prevent lines. However, EPA recognizes that part 109. Similarly, the Agency believes discharges from each flowline. The providing secondary containment for that the owner or operator of an oil regulated community has expressed its these pipelines can be difficult and production facility who has prepared an desire for guidance on how to develop expensive for an owner/operator FRP would satisfy the contingency such a program. At this time, EPA is not because these lines are often several planning requirement for flowlines and aware of any industry standard for miles long, buried, and can extend far gathering lines. If such a facility owner/ flowline maintenance. In the SPCC from the main facility. Flowlines and operator has already developed an FRP Guidance for Regional Inspectors intra-facility gathering lines often are to comply with § 112.20, then he or she (version 1.0, November 28, 2005), EPA placed across land that is not owned by would not need to also develop a provides a description of the elements the owner/operator of the oil production contingency plan in accordance with 40 that a comprehensive piping facility (e.g., agricultural land), and CFR part 109. However, the facility maintenance program should include, providing secondary containment for owner or operator would still be based on practices recommended by these lines can be difficult, intrusive, or required to comply with the revised industry groups. disruptive to the property owner. When flowline/intra-facility gathering line As stated in the SPCC Guidance for flowlines and intra-facility gathering maintenance program requirements Regional Inspectors, a flowline lines are located in farm fields, proposed in this notice. maintenance program aims to manage providing a secondary containment Finally, EPA acknowledges that given the oil production operations in a structure may result in soil erosion and the characteristics of certain intra- manner that reduces the potential for a negative impacts to the land. Buried facility gathering lines, these pipelines discharge. Common causes of such flowlines present additional difficulty, may be regulated under requirements of discharges include mechanical damage because their exact location may be both EPA and DOT. Because DOT (e.g., impact, rupture) and corrosion. A uncertain, especially at an oil requirements for pipelines may be maintenance program usually combines production facility that has changed similar in purpose and scope, EPA careful configuration, inspection, and ownership since the original installation recognizes that compliance with DOT ongoing maintenance of flowlines and of the flowlines. requirements (e.g., 49 CFR part 194) for associated equipment to prevent and The Agency is responding to the these gathering lines may be considered mitigate a potential discharge. concerns described above by proposing to satisfy the contingency planning EPA is now proposing to move the tailored relief in an effort to improve requirement. requirement for a flowline maintenance compliance and enhance environmental EPA requests comments on whether program to § 112.9(d)(4), add specificity protection. EPA believes that secondary exempting flowlines and intra-facility to the provision, and to clarify that the containment is, in most cases, gathering lines from the secondary requirement applies to intra-facility impracticable for flowlines and intra- containment requirement is appropriate, gathering lines, as well as flowlines at facility gathering lines. Therefore, EPA and whether the provision for a an oil production facility. Intra-facility

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gathering lines pose the same potential • Take corrective action or make gathering line maintenance program for discharge as flowlines; EPA never repairs to any flowlines and intra- requirement. An environmental intended to regulate the two types of facility gathering lines and associated equivalence determination is subject to piping differently. appurtenances as indicated by regularly review and certification by a PE. A Tier EPA proposes § 112.9(d)(4) to require scheduled visual inspections, tests, or I qualified facility, as described in this a performance-based program of evidence of a discharge. EPA intends for proposal, would not be able to use flowline/intra-facility gathering line this proposed requirement to be environmentally equivalent measures maintenance that addresses the facility implemented in conjunction with the and therefore would need to comply owner/operator’s procedures, and is proposed requirement for periodic with the flowline/intra-facility gathering documented in the SPCC Plan, to: inspection and testing; the results of the line maintenance program requirements • Ensure that flowlines and intra- inspection or test would inform the as outlined above. facility gathering lines and associated owner/operator of any corrections or While no industry standard for a valves and equipment are compatible repairs that need to be made. Corrective flowline or intra-facility gathering line with the type of production fluids and action is necessary in order to prevent maintenance program currently exists, their potential corrosivity, volume, and a discharge from occurring, as well as in EPA acknowledges that in the future, an pressure, and other conditions expected response to a discharge. This measure is industry standard may be established. If in the operational environment. This intended to prevent discharges as such an industry standard is developed, preventative measure is intended to described in § 112.1(b) by ensuring that the certifying PE would be able consider help preserve the integrity of the lines flowlines and intra-facility gathering whether compliance with that standard lines are well maintained. is environmentally equivalent to the and reduce the potential effects of • corrosion or other factors that may lead Promptly remove any requirements of the proposed to a discharge. accumulations of oil discharges § 112.9(d)(4). Additionally, for a facility associated with flowlines, intra-facility owner/operator that has installed, or • Visually inspect and/or test gathering lines, and associated chooses to install, secondary flowlines and intra-facility gathering appurtenances. EPA recognizes the containment systems for flowlines or lines and associated appurtenances on importance of removing oil intra-facility gathering lines, such a periodic and regular schedule for accumulations to prevent a discharge as measures are likely to be considered leaks, oil discharges, corrosion, or other described in § 112.1(b). Section environmentally equivalent to one or conditions that could lead to a 311(j)(1)(C) of the CWA provides EPA more of the proposed maintenance discharge as described in § 112.1(b). The with the authority to establish program requirements. frequency and type of testing must procedures, methods, and equipment Additionally, EPA acknowledges that allow for the implementation of a and other requirements to prevent given the characteristics of certain intra- contingency plan as described under 40 discharges of oil from onshore and facility gathering lines, these pipelines CFR part 109. This measure is intended offshore facilities. EPA considers the may be regulated under requirements of to ensure that any discharges, potential removal of oil-contaminated soil as a both EPA and DOT. Because DOT problems or conditions related to the method to prevent oil from becoming a requirements for pipelines may be flowline/intra-facility gathering line that discharge as described in § 112.1(b). similar in purpose and scope, EPA could lead to a discharge will be Disposal of oil must be in accordance recognizes that compliance with DOT promptly discovered; the Agency with applicable Federal, State, and local requirements (e.g., 49 CFR part 195) for believes that an oil spill contingency requirements; under § 112.7(a)(3)(v), a these gathering lines may be considered plan cannot be effective unless the facility owner or operator is required to by the certifying PE to be discharge is discovered in a timely describe the methods of disposal of environmentally equivalent alternatives manner so that the oil discharge recovered materials in accordance with to certain SPCC requirements associated response operations described in the applicable legal requirements. For the with oil production facility piping. contingency plan may be implemented. purposes of this provision, removal of Similarly, EPA recognizes that state The proposed inspection requirements recoverable oil may be combined with requirements governing flowlines and are consistent with the requirements for physical, chemical, and/or biological gathering lines may be environmentally aboveground valves, piping, and treatment methods to address any equivalent to certain SPCC requirements appurtenances at non-production residual oil. These treatment methods applicable to flowlines and gathering facilities under § 112.8(d)(4), which must be consistent with other Federal, lines. In accordance with the include regular inspection and state or local requirements as Memorandum of Understanding assessment of the general condition of applicable, and must be properly between the Interstate Oil and Gas associated appurtenances such as flange managed to prevent a discharge as Compact Commission and the U.S. joints, expansion joints, valve glands described in § 112.1(b). Environmental Protection Agency, and bodies, catch pans, pipeline Consistent with the current flowline signed in 2002, and renewed in 2005 supports, valve locks, and metal maintenance program requirements, the and 2007, the Agency intends to supports. The Agency notes that due to proposed amendments to the continue regulatory cooperation among changes in flowrates and corrosivity of maintenance program requirements the states and EPA that promotes production fluids over time in an oil would be subject to the environmental protection of the environment in a cost- field, the frequency of inspection may equivalence provision found at effective manner, and minimizes need to change over the lifetime of the § 112.7(a)(2). That is, the facility owner/ duplication. well in order to prevent discharges. For operator may deviate from the EPA requests comments on whether buried piping, a facility owner or requirements if an environmentally the proposed requirements for a operator would develop an inspection equivalent alternate measure is flowline/intra-facility gathering line program to identify evidence of leaks at implemented instead. EPA recognizes maintenance program are appropriate, the surface or other conditions that that other Federal or State requirements and whether the proposed requirements which may lead to a discharge to may be environmentally equivalent to conflict with state regulatory navigable waters or adjoining certain SPCC requirements, including requirements. Any suggestions must shorelines. the proposed flowline and intra-facility include an appropriate rationale and

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supporting data in order for the Agency pressure vessels, mixing tanks, dryers, you provide a secondary means of to be able to consider it for final action. heat exchangers, and distillation containment for the entire capacity of columns) at a non-production facility is the largest single container and d. Alternative Options Considered not subject to the more stringent sized sufficient freeboard to contain EPA considered other options to secondary containment and inspection precipitation.’’ This proposed address the impracticability of requirements required for bulk storage amendment removes the requirement to secondary containment for flowlines containers; only the general secondary provide such sized containment for and intra-facility gathering lines. EPA containment requirements at § 112.7(c) flow-through process vessels without considered allowing a contingency plan apply (71 FR 77276, December 26, making an impracticability and strengthened maintenance program 2006). In addition, EPA acknowledges determination. The general secondary requirements as an optional alternative concern among the regulated containment requirement of § 112.7(c) to secondary containment. That is, the community regarding the requirement to would still apply to flow-through secondary containment requirement provide sized secondary containment process vessels; they must be provided would remain as a compliance option. around heater-treaters, due to a with secondary containment so that any This would provide additional potential fire-hazard if spilled oil discharge does not escape the flexibility. EPA concluded, however, collects around the equipment. As a containment system before cleanup that since secondary containment for result, EPA is proposing to exempt flow- occurs. flowlines/intra-facility gathering lines through process vessels at an oil Many oil production facilities is, in most cases, impracticable and few production facility from the sized currently provide secondary oil production facilities are likely to use secondary containment requirements. containment berms around the entire this measure, providing an optional However, EPA recognizes that process tank battery, which includes separators alternative could potentially increase equipment at a non-production facility, and other treatment installations, confusion regarding the requirements such as at a manufacturing facility, is including flow-through process vessels, for these lines. EPA recognizes that typically attended during hours of along with oil stock tanks and other given the long lengths and placement of operation. Therefore, there is a greater bulk storage containers. Such a facility flowlines and intra-facility gathering potential to immediately discover and design is appropriate and EPA lines, and the cost of secondary correct a discharge at a non-production encourages oil production facility containment for these lines, facilities are facility than at an oil production owners and operators to continue this more likely to choose a contingency facility, which is generally unattended. practice to provide the maximum plan with inspection requirements. For this reason, EPA is also proposing environmental protection. However, The Agency also considered taking no to require the inspection of flow- under this proposal, it would no longer action for flowlines and intra-facility through process vessel components; be necessary to locate flow-through gathering lines, because the owner or prompt removal of any oil process vessels within a secondary operator of an oil production facility accumulations, and corrective action containment system sized for the entire already has the ability to determine that should a discharge occur. capacity of the largest single container secondary containment is impracticable and sufficient freeboard to contain under § 112.7(d). However, EPA a. Examples of Flow-Through Process precipitation. recognizes that in most cases secondary Vessels The Agency requests comments on containment is impracticable for this Flow-through process vessels, such as the proposal to exempt flow-through type of equipment. horizontal or vertical separation vessels process vessels from the sized For these reasons, the Agency decided (e.g., heater-treater, free-water knockout, secondary containment requirements. to propose an alternative for secondary gun-barrel, etc.), have the primary Any suggestions must include an containment for flowlines and intra- purpose of separating the oil from other appropriate rationale and supporting facility gathering lines. The Agency fractions (water and/or gas) and sending data in order for the Agency to be able welcomes comments on these or other the fluid streams to the appropriate to consider it for final action. alternatives. Any suggestions must container. It is the intended use of this include an appropriate rationale and equipment that differentiates flow- c. Additional Requirements for Flow- supporting data in order for the Agency through process vessels from bulk Through Process Vessels to be able to consider it for final action. storage containers and end-use storage Because oil production facilities are containers, such as produced water typically unattended during the hours of 4. Flow-Through Process Vessels containers. Produced water containers operation, EPA is also proposing to add Separation and treating installations store well fluids (which may also a provision at § 112.9(c)(5)(i) through at an oil production facility typically contain various amounts of oil) after (iii) to provide additional requirements include equipment whose primary they have been separated and/or treated, for flow-through process vessels. These purpose is to separate the well fluid into prior to disposal or reinjection. Under additional requirements would include its marketable or waste fractions (e.g., this proposal, produced water periodic inspection and/or testing, oil, gas, wastewater, and solids), and to containers are not considered flow- corrective action, and prompt removal treat the crude oil as needed for further through process vessels; they continue of any oil accumulations. storage and shipping. Under the current to be considered bulk storage containers The proposed amendment to require SPCC requirements, separation and if oil is present. periodic inspection and/or testing of the treatment equipment are required to flow-through process vessels and have sized secondary containment for b. Exemption From Sized Secondary associated appurtenances on a regular the entire capacity of the largest single Containment Requirements for Flow- schedule for leaks, corrosion, or other container and sufficient freeboard to Through Process Vessels conditions that could lead to a discharge contain precipitation (§ 112.9(c)(2)). EPA proposes to amend the as described in § 112.1(b) is intended to EPA recognizes that similar flow- requirements in § 112.9(c)(2) as follows: increase the likelihood that a discharge through process equipment (i.e., oil- ‘‘Construct all tank battery, separation, will be prevented or detected promptly, filled manufacturing equipment, such as and treating facility installations, except especially for components such as reaction vessels, fermentors, high for flow-through process vessels so that dump valves, that typically cause spills.

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The proposed inspection and/or testing (inspections, corrective action, and sized secondary containment for flow- requirements for flow-through process prompt removal of oil discharges) for through process vessels following a vessels are consistent with the flow-through process vessels. EPA also reportable discharge as described above. inspection requirements for bulk storage requests comments on whether this EPA also requests comments on whether containers under § 112.9(c)(3). EPA approach, a general secondary a facility owner or operator who recognizes that because oil production containment requirement and additional experiences such a discharge and facilities are typically unattended and requirements for flow-through process subsequently provides sized secondary remote and have a constant flow of oil vessels should be an optional containment for separation and treating and well fluids, sized secondary compliance alternative, in lieu of sized facility equipment at the facility should containment measures provide secondary containment. Under an continue to be required to comply with environmental protection for any optional approach, a facility owner or the additional requirements described potential discharge. Because EPA is operator could choose whether to above (proposed as § 112.9(c)(5)(i) proposing that this equipment be provide sized secondary containment through (iii)). Any suggestions must subject to the general secondary for flow-through process vessels, or to include an appropriate rationale and containment requirement (§ 112.7(c)) provide general containment and supporting data in order for the Agency instead of sized secondary containment, comply with the additional to be able to consider it for final action. EPA seeks to ensure that any leak, or requirements. (A facility owner or e. Alternative Option Considered potential for a leak, is detected promptly operator who already provides sized enough to prevent a discharge of the secondary containment for his flow- EPA considered another option to entire contents of the separation or through process vessels would not be address secondary containment for treating equipment. required to comply with the additional flow-through process vessels. Under this EPA is also proposing to require the requirements, as long as he maintains option, EPA would allow a contingency owner/operator of an oil production the sized secondary containment.) Any plan and written commitment of facility to correct or repair the flow- suggestions must include an appropriate manpower, equipment, and materials through process vessels and any rationale and supporting data in order required to expeditiously control and associated components as indicated by for the Agency to be able to consider it remove any quantity of oil discharged regularly scheduled inspections or tests. for final action. that may be harmful, without the need EPA intends for this proposed to develop a written impracticability requirement to be implemented in d. Secondary Containment determination as an optional alternative conjunction with the proposed Requirements for Flow-Through Process to all secondary containment requirement for periodic inspection and Vessels if Facility Experiences requirements for flow-through process testing; the results of the inspection or Reportable Discharge vessels. This option would be available test would inform the owner/operator of EPA also is proposing a provision at for eligible flow-through process any corrections or repairs that need to § 112.9(c)(5)(iv) stating that if an oil vessels: those that have had no be made. Corrective action is necessary production facility has discharged more discharges of oil reportable to EPA in order to prevent a discharge from than 1,000 U.S. gallons of oil in a single under § 112.4 in the past three years. In occurring, as well as in response to a discharge as described in § 112.1(b), or addition, this option would require a discharge. This measure is intended to discharged more than 42 U.S. gallons of facility owner or operator to conduct prevent discharges as described in oil in each of two discharges as periodic integrity testing of the process § 112.1(b) by ensuring that separation described in § 112.1(b), occurring within vessels and periodic integrity and leak and treatment equipment are well any twelve month period, from a flow- testing of the associated valves and maintained. through process vessel, then the facility piping. EPA also proposes to require prompt owner or operator must provide sized EPA recognizes that this alternative to removal upon discovery of any spills, secondary containment for all flow- secondary containment would provide discharges, or accumulations of oil through process vessels at the facility flexibility. However, EPA also associated with the flow-through within six months from the discovery of recognizes that a typical oil production process vessels. EPA considers the the spill(s). When determining spill facility is remote and/or unattended, removal of oil-contaminated soil as a history, the gallon amount specified in and therefore secondary containment is method to prevent oil from becoming a the criterion (either 1,000 or 42) refers a preferable measure to prevent a discharge as described in § 112.1(b). to the amount of oil that actually discharge to navigable waters or Disposal of oil must be in accordance reaches navigable waters or adjoining adjoining shorelines in the event of an with applicable Federal, state, and local shorelines, or in connection with oil spill than a contingency plan. Some requirements; under § 112.7(a)(3)(v), a specified activities in waters and not the form of general secondary containment facility owner or operator is required to total amount of oil spilled. Discharges as is practicable for this type of equipment. describe the methods of disposal of described in § 112.1(b) that are the Therefore, EPA chose not to propose recovered materials in accordance with result of natural disasters, acts of war, this option. applicable legal requirements. For the or terrorism would not be considered The Agency welcomes comments on purposes of this provision, removal of toward this requirement. this alternative or other alternatives to recoverable oil may be combined with The discharge criterion proposed in address separation and treatment physical, chemical, and/or biological this notice is similar to the provision in equipment, while maintaining treatment methods to address any § 112.4(a) for discharges that must be environmental protection. Any residual oil. These treatment methods reported to the EPA Regional suggestions must include an appropriate must be consistent with other Federal, Administrator (RA). Under § 112.4, a rationale and supporting data in order state or local requirements as facility owner or operator must report for the Agency to be able to consider it applicable, and must be properly certain information to EPA whenever for final action. managed to prevent a discharge as the facility experiences a discharge described in § 112.1(b). reportable under § 112.4. 5. Small Oil Production Facilities The Agency requests comments on The Agency requests comment on the In this proposed rule, EPA has these proposed additional requirements proposed requirement for providing included a number of amendments to

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the SPCC requirements that are consider the impacts of existing the applicable SPCC requirements for designed to reduce the burden on oil regulations on the energy sector and to these facilities. Commenters may production facilities, while maintaining identify regulatory alternatives that provide input on variations to these protection of the environment. reduce those impacts when approaches for consideration by the Specifically, EPA is proposing to amend implementing the statutory Agency. the definition of ‘‘facility’’ to clarify the authorization of Section 311(j)(1)(C) of a. Alternative Qualified Facility flexibility associated with defining a the Clean Water Act at oil production Eligibility Criteria for Oil Production facility’s boundaries; exclude oil facilities. Facilities production facilities from the loading/ While assessing opportunities for unloading rack requirements at tailoring and streamlining the SPCC This approach is intended as an § 112.7(h); extend the timeframe by requirements, EPA considered whether alternative for oil production facilities which a new oil production facility there are alternative regulatory to be considered qualified facilities must prepare and implement an SPCC approaches to Section 311(j)(1)(C) for because they do not meet the current Plan; exempt flowlines and intra-facility small oil production facilities that qualified facility requirements under 40 gathering lines at oil production would further reduce the compliance CFR 112.3(g). Under this alternative, an facilities from all secondary burden associated with the current rule oil production facility would be eligible containment requirements, while requirements, while still maintaining as a qualified facility if it meets the establishing requirements for a flowline/ protection of human health and the following criteria: (1) The oil production intra-facility gathering line maintenance environment. In particular, EPA facility must have no more than four program and contingency planning; considered regulatory alternatives for oil wells associated with a single tank exempt flow-through process vessels at production facilities that have wells that battery; (2) all four of the wells must be oil production facilities from the sized produce 10 barrels or less of crude oil stripper wells each producing 10 barrels secondary containment requirements, per day and are known as ‘‘stripper or less of crude oil per day—that is, a while maintaining general secondary wells.’’ 4 tank battery at an oil production facility containment requirements and requiring The owner or operator of an oil could not include any non-stripper additional oil spill prevention measures; production facility generally provides wells under this option; (3) the facility clarify the applicability of the rule to adequate container capacity at his must have no injection wells; and (4) containers at a natural gas facility; and facility to ensure sound and continuous the facility must not have had a single clarify the definition of ‘‘permanently operations, and so that a container will discharge exceeding 1,000 U.S. gallons closed’’ as it applies to an oil not overfill if there is a delay in the or two discharges each exceeding 42 production facility. In addition, the removal of oil from the tanks. This U.S. gallons within any twelve month Agency is taking comment on a number practice would meet the SPCC rule period in the three years prior to Plan of approaches regarding the provisions at § 112.9(c)(4) to prevent certification. Discharges as described in management of produced waters at oil overfills from the containers. However, § 112.1(b) that are the result of natural production facilities. this practice may prevent some small oil disasters, acts of war, or terrorism will The regulated community has production facilities from being eligible not disqualify a facility owner or expressed particular concern regarding for the burden reduction available to operator from the alternative option the regulation of small oil production qualified facilities because they would described above. The owner or operator facilities under the SPCC rule, likely have greater than 10,000 gallons of an oil production facility could avail suggesting that the cost of complying in aggregate aboveground oil storage himself of the streamlined requirements with the SPCC requirements is capacity. Therefore, the Agency is for a ‘‘qualified facility’’ at § 112.6, if the disproportionate to the risk these small requesting comment on an approach facility meets all four of the proposed facilities pose to the environment. described below that identifies specific criteria, notwithstanding the total While EPA is sensitive to these criteria for an oil production facility that aboveground oil storage capacity at the concerns, the Agency believes that spills produces oil from a limited number of facility. That is, a qualified facility from small oil production facilities have stripper wells to be considered a owner/operator would have the option and can continue to pose a threat of an qualified facility, notwithstanding the to prepare a self-certified SPCC Plan in oil discharge to navigable waters and tank storage capacity at the facility. The lieu of a Plan certified by a PE. An oil adjoining shorelines, and that smaller approach has been shaped by the production facility owner or operator oil production facilities should remain specific characteristics of this category exercising this option may be required subject to the SPCC rule. of facilities and, as such, could result in to make available production or In evaluating the appropriate the application of SPCC requirements in shipping records to support his application of the SPCC rules to these a manner better suited to these facilities. eligibility. Records may be kept under facilities, the Agency is guided by In addition, the Agency is also usual and customary business practices, Executive Order 13211, which directs requesting comment on some additional and must be kept for a period of three federal agencies to evaluate and respond options for reducing the burden on years, in accordance with § 112.7(e). to effects that governmental regulatory small oil production facilities that have EPA based this potential qualified action can have on the supply of energy been suggested by the Department of production facility approach on input (Executive Order 13211 of May 18, Energy (DOE). Following consideration from the oil production sector regarding 2001, ‘‘Actions Concerning Regulations of public comments received in concerns for the burden of preparation That Significantly Affect Energy Supply, response to this notice, one or more of of a PE-certified Plan for small oil Distribution, or Use,’’ (66 FR 28355, these approaches may be finalized as producers. As stated above, EPA notes May 22, 2001)).3 Accordingly, the that this option would be available to Agency believes it is appropriate to 4 EPA established differentiated requirements for those oil production facilities with up to ‘‘stripper wells’’ under the Clean Water Act and four stripper wells per tank battery; each 3 The overall effect of the proposed rule is to codified it in 1979. See 40 CFR 435.60. See also well producing 10 barrels or less of decrease the regulatory burden on facility owners Interstate Oil and Gas Compact Commission, 2006: crude oil per day; and no injection wells or operators subject to its provisions. Accordingly, ‘‘Marginal Wells: Fuels for Economic Growth’’, p. the proposed rule is not a ‘‘significant energy 4 (defining ‘‘stripper wells’’ as wells that produce or other wells associated with secondary action’’ as defined in this Executive Order. 10 barrels of oil per day or less). or tertiary recovery techniques. EPA is

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considering a maximum of four wells produced water tanks associated with burden to those oil production facilities per tank battery in identifying a injection may have high level with no more than four stripper ‘‘qualified oil production facility’’ based indicators, floats and actuators/switches extraction wells per tank battery that on discussions with EPA regional that further add complexity. At small nonetheless is likely to exceed the personnel and the Texas Railroad production facilities, these systems may current qualified facility threshold Commission who suggest that this not be automated due to cost. The criterion of 10,000 gallons. For example, number of wells is fairly typical of oil design of the production facility is the difference in compliance costs production facilities.5 EPA, therefore, based on the ability to inject the between an oil production facility that believes that the maximum of four produced water; generally no extra prepares an SPCC Plan requiring PE- stripper wells per tank battery storage capacity is available to contain certification and one that can be self- adequately captures the smaller fluids if there is a failure or system certified is about $950. operators targeted by the self- upset. This leads to a greater likelihood EPA is also requesting comment on certification option. EPA believes that of a discharge. Finally, the water in the whether a small oil production facility these facilities are less complex than produced oil/water mixture is usually may be further eligible for the Tier I other oil production facilities based on corrosive, especially if it is saline, qualified facility status, as described the limited number of wells per tank leading to a greater potential for elsewhere in today’s preamble, if the battery operating at a low flow rate. discharge from injection equipment as a facility meets the criterion proposed in As discussed in the preamble to the result of this corrosion which would be the rulemaking for a Tier I qualified December 2006 rule amendments, in present at more complex facilities. facility—i.e., the facility has no oil which EPA finalized the qualified This alternative set of criteria for storage containers with an individual facility approach, the basis for the identifying a qualified oil production storage capacity greater than 5,000 exemption from the requirement for a facility would only be available to oil gallons, notwithstanding the total PE certification is that facilities with production facilities, and not oil drilling aboveground oil storage capacity at the smaller oil volumes tend to be less or workover facilities. Due to the nature facility. That is, at a Tier I oil complex (71 FR 77270, December 26, of its operations, a drilling facility has production qualified facility, the owner 2006). The Agency believes that a not yet established an oil production or operator could avail himself of the facility meeting the potential criteria for flow rate, and thus a well at such a streamlined Tier I Qualified Facility a ‘‘qualified oil production facility’’ as facility cannot be determined to meet SPCC Plan template, as found in the described above (i.e., no more than four the definition of a ‘‘stripper well.’’ proposed Appendix G to the SPCC rule. stripper wells to one tank battery, no However, the owner/operator of an oil An owner or operator of an oil injection wells, and meets the current drilling and/or workover facility production facility qualifying for and spill history criterion for qualified considers the capacity of oil that is opting to use the Tier I Qualified facilities) would be less complex than maintained for his operations to Facility SPCC Plan template would not other oil production facilities for the determine applicability of the SPCC rule be able to make an impracticability following reasons. At oil production and therefore may still be eligible for determination for secondary facilities with no more than four wells qualified facility status based on the containment requirements. Instead, the per tank battery, the flowlines and the current criteria in § 112.3(g), i.e., the owner or operator may choose the Tier stripper well(s) are commonly co- 10,000-gallon total facility oil storage II approach and develop a ‘‘hybrid’’ located within the immediate area of the capacity threshold and discharge history Plan in which the P.E. certifies the tank battery therefore reducing the criteria. portion of the Plan pertaining to It should also be noted that under the length of flowlines. Additionally, it is impracticability of secondary current regulations, the owner or likely that an oil production facility that containment. operator of an oil production facility can Finally, the Agency specifically meets the proposed qualification criteria make a determination that sized solicits comment on the number of oil would have fewer valves, less piping, secondary containment is impracticable. production facilities that would be able smaller separation equipment, and The owner or operator of an oil to take advantage of this approach. fewer locations where transfers and production facility that meets the discharges could occur because there b. Alternative Approaches for proposed criteria for a Tier II qualified are fewer wells associated with one tank Addressing Small Oil Production facility (as described elsewhere in this Facilities as Suggested by the battery. proposed rulemaking) would still be The underground injection process Department of Energy (DOE) able to determine that secondary adds complexity to the design of an oil containment is impracticable and The Department of Energy (DOE) production facility; consequently, EPA implement the alternative measures requested that the Agency seek input on has included a ‘‘no injection wells’’ under § 112.7(d) (i.e., develop a several approaches that DOE believes criterion for an oil production facility to contingency plan and a written may be more suited to address the qualify for this alternative option. The commitment of resources and conduct concerns of small oil production injection well process adds complexity integrity testing of the bulk storage facilities. One approach would have because the flowlines from a produced container and associated piping) if a PE different eligibility criteria to enable the water container to the injection certifies that the secondary containment owner or operator of a small oil wellhead adds valves, pumps and is impracticable, under the ‘‘hybrid’’ production facility to be considered a piping to the facility. In addition, the approach in which a PE certifies a ‘‘qualified facility’’ under § 112.6, and portion of the SPCC Plan. allow for the development of a self- 5 EPA assumed an average of four wells per tank battery at a facility to estimate the number of oil EPA is requesting comment on this certified SPCC Plan, or a ‘‘Tier I production facilities that are subject to the SPCC approach, including the specific criteria Qualified Facility,’’ and allow the use of requirements (see Regulatory Impact Analysis for identified and whether changes to these a streamlined SPCC Plan template, the Proposed Amendments to the Oil Pollution criteria would properly assess the similar to that found in the proposed Prevention Regulations). DOE also conducted an analysis of the impact of the SPCC rule on the oil complexity of such small oil production Appendix G to the SPCC rule. Under the production sector and assumed an average of three facilities. This proposed action may existing qualified facilities criteria at stripper wells per oil production facility. provide a reduction in regulatory § 112.3(g), a facility that has an

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aggregate aboveground storage capacity economic and can be particularly or environmental permits, address the of 10,000 gallons or less and has not had burdened by increased regulatory objectives of the SPCC rules, and if so, a single discharge exceeding 1,000 U.S. compliance and other operating costs. how they are achieved. Finally, EPA gallons or two discharges each These wells are often operated by small would note that under this approach, exceeding 42 U.S. gallons within any independent producers in mature oil new facilities and existing non-marginal twelve-month period in the three years and gas producing regions, have low oil facilities would not be exempted from prior is eligible for the qualified facility productivity and low oil volumes, and the SPCC regulation, but once their Plan requirements at § 112.6 (i.e., a self- thus could be viewed as presenting a production declines below the marginal certified Plan in lieu of a PE certified low oil spill risk. According to DOE, level as defined above, these wells Plan). DOE suggests that because of the stripper wells are vital to sustaining would be excluded from continuing or unique characteristics of small oil production from conventional oil and periodic SPCC requirements under this production facility operations, such natural gas resources in the United approach. facilities may merit the establishment of States. More than 321 million barrels of EPA requests comments on the scope small oil production facility-specific oil and 1.7 trillion cubic feet of natural of a stripper well exemption, including eligibility criteria, including a different gas were produced from stripper wells the eligibility criteria, and whether such aggregate oil storage capacity threshold 6 in 2005, representing 17 percent of an exemption can reduce the regulatory or stripper well definition 7 for domestic oil production and 9 percent burden on marginally economic identifying qualified facilities. In light of domestic natural gas production properties while protecting the of this request, EPA seeks comment on respectively. The Interstate Oil and Gas environment. Any alternative whether there are unique circumstances Compact Commission has estimated that approaches must include an appropriate at small or marginally economic oil if oil production from stripper wells rationale and supporting data in order production facilities and the alternative active in 2005 did not exist, imports for the Agency to be able to consider criteria based on these circumstances for would have to increase 6.7 percent to these for a final action. 8 the possible establishment of a make up for this shortage. 6. Produced Water Storage Containers ‘‘qualified facility’’ provision specific to Eligibility criteria for relief would not small oil production facilities that be limited to the presence of injection At an oil or natural gas production would serve to increase SPCC wells or the use of secondary and facility, ‘‘produced water’’ is the oil and compliance and reduce the likelihood of tertiary recovery techniques which are water mixture resulting from the a harmful oil discharge. Any alternative common in more mature oil and gas separation of marketable crude oil from approaches submitted must include an producing regions. DOE has commented the fluid extracted from the geological appropriate rationale in order for the that such criteria have no direct formation. Produced water chemical Agency to be able to consider it for final relationship to the spill risk posed by and physical characteristics vary action. marginal well facilities and may serve as considerably depending on the geologic The other approach DOE requested a disincentive to enhanced oil and gas formation, usually being commingled that EPA take comment on is to outright recovery and well maintenance. with oil and gas at the wellhead, and exempt existing stripper oil and natural Production and injection operations for changing in composition as the oil or gas wells from all SPCC requirements, disposal or enhanced recovery may be natural gas fraction is separated and except those applicable to crude oil and regulated under existing Federal and sent to market. The management of condensate tanks (e.g., tanks which State regulatory programs, e.g., under produced water may typically entail the store gas condensate (which is an oil) at Clean Water Act NPDES, Safe Drinking use of separation and treatment process oil and gas production facilities). The Water Act underground injection vessels, tanks both near the point of eligibility criteria for the exemption control, and state production or separation and at the point of its disposal or reuse (e.g., in an injection would include those facilities that meet environmental permits to reduce or well for disposal or enhanced oil the Internal Revenue Service (IRS) Tax manage pollutants that could be recovery, discharge to a stream, or Code definition of stripper well introduced into the environment. For agricultural water resource), and property at 26 U.S.C. 613A, which NPDES and underground injection control, these regulatory programs are flowlines and gathering lines. defines a stripper well property, with In the current SPCC rule, the term respect to any calendar year, as any intended to address the discharge of known pollutants that are to be ‘‘bulk storage container’’ is defined as property producing 15 barrel ‘‘any container used to store oil.’’ EPA introduced to navigable waters (in the equivalents or less per day, where this considers a produced water container case of NPDES) or to underground rate is calculated by dividing: that also contains oil to be a bulk storage (i) The average daily production of sources of drinking water (in the case of container, and therefore subject to domestic crude oil and domestic natural UIC). In contrast to these measures, applicable provisions under § 112.9(c). gas from producing wells on such SPCC is designed to prevent the non- Produced water containers are typically property for such calendar year, by routine accidental discharge of oil that located within a tank battery at a (ii) The number of such wells. might be held in an oil container at a production facility where they are used DOE, states and industry have raised facility. DOE has suggested that these to store well fluids after separation and concerns that the SPCC regulation has regulations may accomplish certain prior to subsequent use (e.g., re- the potential to result in the premature SPCC objectives in a different manner, injection or re-use), further treatment, or abandonment of stripper wells. They such as prohibiting pollution or disposal. Because the separation process argue that stripper wells are marginally unlawful discharges rather than is not completely effective, under requiring an SPCC Plan. Therefore, the 6 normal operating conditions, a layer of The Oklahoma Independent Petroleum Agency specifically solicits comment on oil may be present above the produced Association and the Independent Petroleum the extent that these regulatory Association of America suggest an aggregate oil water in the container. The amount of programs, particularly state production capacity threshold of 50,000 gallons. oil by volume observed in produced 7 DOE suggests that a stripper well be defined using the Internal Revenue Service (IRS) tax code 8 See Interstate Oil and Gas Compact water storage containers varies, but definition of 15 barrels or less of oil per day Commission, 2006: ‘‘Marginal Wells: Fuels for based on EPA’s assessment, is generally equivalence (see 26 U.S.C. 613A). Economic Growth.’’ estimated to range from less than one to

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up to ten percent, and can be greater. concerns, while protecting the a. General Secondary Containment, This estimate is based on a review of environment. In particular, EPA Inspection, Integrity Testing & National Response Center (NRC) spill requests comment on an approach that Maintenance of Produced Water Bulk reports, observations from EPA would require general secondary Storage Containers inspectors, and comments made by containment combined with additional One approach on which EPA requests industry representatives and the requirements in lieu of sized secondary comment would allow an owner/ accompanying document containment. A second approach, operator of a production facility to ‘‘Consideration for the Regulation of advanced by DOE, would require comply with the general secondary Onshore Oil Exploration and Production inspection, maintenance, and periodic containment requirements along with Facilities Under the Spill Prevention, oil skimming of produced water storage additional measures for existing Control, and Countermeasures containers in lieu of both sized and produced water containers as an option Regulation’’ (May 30, 2007), in the general secondary containment. in lieu of the current regulatory docket for today’s rulemaking. The Finally, comment is requested on requirement for sized secondary Department of Energy (DOE) and the whether a third approach, advanced by containment for these containers. That industry believe that the oil layer may DOE, that exempts produced water is, a production facility owner/operator be much less. treatment facilities altogether would be would provide general secondary Many production sites operate in appropriate. In connection with this containment and comply with geographically remote areas and are approach, the regulated community and additional measures for existing typically unattended. At these DOE have suggested that produced produced water containers, or the production sites, fluids extracted from water containers should be exempt from owner/operator could choose to comply the well flow through the production all SPCC requirements, arguing that with the current sized secondary and separation equipment and into these containers have only incidental containment requirements for produced various storage containers provided at amounts of oil and a low risk of water containers and not be subject to the facility. The produced water storage discharge. Published data used to the new additional set of measures. containers are usually the last establish national effluent limitations Under this approach, an owner/operator containers in the separation process for coastal oil and gas production that chooses to carry out additional stream where fluids accumulate; facilities show that the oil content of measures in addition to the general consequently, produced water produced water in tanks after initial secondary containment requirement for containers are a potential source of separation is low, e.g., averaging 50 existing produced water containers (see discharge due to overfill when there is parts per million, with a maximum of 9 § 112.7(c)) would be exempted from the an upset in operations (e.g., such as 200 parts per million in samples taken. sized secondary containment Data EPA received in the past suggest separator failure) or when an operator is requirement at § 112.9(c)(2). The general that produced water containers may delayed in making a scheduled visit to secondary containment requirements hold up to 10% of free-phase oil floating the facility to empty the produced water (§ 112.7(c)) apply to all parts of a facility on the surface of the produced water. containers. In an overfill situation, the that could be involved in a discharge. If EPA is asking that commenters provide oil floating at the surface of the water an owner or operator has already additional data on the amount of oil may be first to be discharged, followed provided sized secondary containment commonly observed in produced water by water which could serve to transport for the facility produced water bulk containers. EPA is primarily interested the oil for longer distances. Oil storage container, the owner or operator in data on the amount of free-phase oil discharges to navigable waters or may choose not to select this new present in produced water containers, adjoining shorelines from an oil/water option. EPA expects many operators for example as a layer of oil floating at mixture in a produced water container may be in this situation, as a recent DOE the surface of the produced water, rather may cause harm. Such mixtures are report stated that over two-thirds of than oil present in solution, suspension regulated as oil under the SPCC rule. produced water tanks ‘‘were assumed to The regulated community has or emulsion within the produced water be already contained within existing expressed concern regarding the mixture. EPA also requests comment, SPCC Plans and have secondary regulation of produced water containers and supporting data, on the efficiency of containment.’’ 10 under the SPCC rule, suggesting that the oil and water separation and treatment This approach would be limited to cost of complying with the SPCC at onshore production facilities, how the existing produced water containers requirements is disproportionate to the efficiency of oil-water separators because this approach is intended to risk these containers pose to the changes over time as equipment ages balance the cost of retrofitting existing environment. For this reason, EPA is and production of oil from the containers with EPA’s belief that sized considering whether there are regulatory formation evolves, the efficiency of oil secondary containment is the most options for produced water containers skimming on oil volume, and the effective method to prevent oil that can protect the environment at frequency and consequences of discharges from these containers. lesser cost than the current rule equipment failure. Finally, EPA requests Existing produced water containers requirements along with the data on oil spills, the source, and the amendments proposed in this action. cause of such oil spills from these would be those at oil production The Agency is requesting comments on produced water containers. facilities in operation on the effective three options, as described below. Any suggestions on alternative date of the final rule addressing this EPA requests comment on the approaches must include an appropriate approach. Newly constructed oil characteristics of produced water rationale and information and data in 10 order for the Agency to be able to See ‘‘Assessment of the Potential Costs and containers at production facilities that Energy Impacts of Spill Prevention, Control, and may uniquely distinguish these consider it for final action. Countermeasure Requirements for U.S. Oil and containers from containers used at other Natural Gas Production’’ prepared for U.S. DOE types of facilities that hold oil mixtures. 9 SAIC, 1993, draft ‘‘Coastal Oil and Gas Office of Fossil Energy by Advance Resources EPA also requests comment on whether Production Sampling Summary Report’’ April 30, International, Inc., August 17, 2006 (Revised). and SAIC 1994, ‘‘Statistical Analysis of Effluent Available at http://www.fossil.energy.gov/programs/ the approaches outlined below from Coastal Oil and Gas Extraction Facilities’’ oilgas/publications/environment_otherpubs/ appropriately address industry September 30. SPCC_Impact_Exploration_and_Production_8.pdf.

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production facilities and newly containers on a regular schedule and examination, internal condition installed produced water containers at after completing material repairs. In lieu examination, and integrity testing and existing facilities would not be eligible of the protection offered by sized keep records of the examinations and to use these alternative measures in lieu secondary containment, this approach testing in accordance with § 112.7(e). of sized secondary containment because would require a formal integrity • Prompt removal of any oil it is EPA’s best professional judgment inspection/condition examination of the discharges from produced water that because construction crews and produced water bulk storage containers and appurtenances. This equipment are already present at a container(s) on a regular schedule. The approach also would require prompt facility during the installation of new frequency, inspector qualifications and removal upon discovery of any spills, produced water containers, the the scope of the inspections, integrity discharges, or accumulations of oil incremental cost for adding/installing testing, and condition examinations associated with the produced water sized secondary containment for these must be in accordance with good containers. EPA considers the removal containers would not be significant. engineering practice and documented in of oil-contaminated soil as a method to In addition, if a facility experiences a the SPCC Plan. For condition prevent oil from becoming a discharge discharge reportable to EPA under examinations and integrity testing, the as described in § 112.1(b). Disposal of § 112.4, then sized and general industry recommended practices for oil must be in accordance with secondary containment would be tanks in production service provide the applicable Federal, State, and local required for all produced water scope and frequency of examinations requirements; under § 112.7(a)(3)(v), a containers at the facility within six necessary to ensure the suitability of facility owner or operator is required to months from the discovery of the tanks for continued service, based on describe the methods of disposal of spill(s).11 When determining spill the type of tank, fluid stored, and recovered materials in accordance with history, the gallon amount specified in service conditions. For an example of applicable legal requirements. For the the criterion (either 1,000 or 42) refers such practices, a facility owner or purposes of this provision, removal of to the amount of oil that actually operator may refer to American recoverable oil may be combined with reaches navigable waters or adjoining Petroleum Institute, Recommended physical, chemical, and/or biological shorelines, or in connection with Practice 12R1, fifth edition, August treatment methods to address any specified activities in waters and not the 1997. These practices include the residual oil. These treatment methods total amount of oil spilled. Discharges as routine visual operational examination must be consistent with other Federal, described in § 112.1(b) that are the of produced water bulk storage state or local requirements as result of natural disasters, acts of war, containers by facility personnel applicable, and must be properly or terrorism will not disqualify a facility according to written procedures, and managed to prevent a discharge as owner or operator from the alternative external and/or internal condition described in § 112.1(b). • Corrective action to repair or measures described above. examination of these same containers replace any container, or associated To maintain environmental protection according to a schedule and following equipment and appurtenances in order under this approach, the following an operational alert, malfunction, or to prevent a discharge from occurring, additional measures for produced water other condition noted during the routine as well as in response to a discharge. containers would be required: operational examination. The external Finally, this approach would require the • Periodic inspections on a regular condition examination 13 would cover owner/operator of an oil production schedule of equipment and the tank exterior, and check for leaks, facility to take corrective action to repair appurtenances that typically cause shell distortion, and evidence of any produced water container, and spills from produced water containers corrosion; it would also look at the associated equipment and (e.g. piping, valves, pumps and the condition of the foundation, pad, appurtenances as indicated by regularly container itself). A requirement for drainage, coatings, appurtenances and scheduled inspections or tests. This periodic inspection of the produced connections. The internal condition requirement could be implemented in water containers and associated examination would check for leaks, conjunction with the requirement for appurtenances on a regular schedule for shell distortion, cracks, condition of any periodic inspection and testing; the leaks, corrosion, or other conditions that internal coating, and evidence and results of the inspection or test would could lead to a discharge as described severity of internal corrosion. The inform the owner/operator of any in § 112.1(b) would increase the external and internal condition corrections or repairs that need to be likelihood that a discharge will be examinations would be complemented made. Corrective action is necessary in prevented or detected promptly, by integrity testing (e.g., using non- order to prevent a discharge from especially for appurtenances that destructive evaluation methods, such as occurring, as well as in response to a typically cause spills. Inspection of ultrasonic thickness measurements of discharge. This measure would prevent produced water containers and the shell) used to assess the suitability discharges as described in § 112.1(b) by appurtenances would be consistent with of the container for continued ensuring that produced water containers the inspection requirements for bulk production service, as appropriate for are well maintained. storage containers under § 112.9(c)(3). the type of container. Facilities would In evaluating this potential regulatory Facilities would outline, in writing, outline in writing procedures for routine approach, the Agency examined oil procedures for routine inspection and visual examination, external condition production operations as they relate to keep records of these inspections in the storage, treatment, and handling of accordance with § 112.7(e). and physical observation of a tank and its adjacent these oil/water mixtures. EPA • Conduct a condition examination 12 equipment by a competent person. 13 API Recommended Practice 12R1 provides conducted a study of the exploration and integrity testing of produced water guidelines on developing the scope of a program for and production sector (see condition examination and integrity testing for Considerations for the Regulation of 11 See the similar discussion in Section V.L.4 of tanks at production facilities. While the RP does not Onshore Oil Exploration and Production this proposal pertaining to flow-through process include mandatory requirements, this approach vessels. would include a mandatory requirement to conduct Facilities Under the Spill Prevention, 12 ‘‘Condition examination’’ is defined in API a condition examination and integrity testing for Control, and Countermeasure Recommended Practice 12R1 as a review of history produced water containers. Regulation (May 30, 2007), in the docket

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for this rulemaking). In this study, EPA should be considered in developing this after separation by periodic skimming of reviewed the spills reported to the alternative approach in lieu of the sized the oil layer that may reside in the top National Response Center (NRC) during secondary containment requirements. of the container. calendar years 2000 through 2005. The Finally, as EPA previously indicated, To maintain environmental protection NRC spill reports specifically attribute the Agency also requests comment on under this approach, the following 3% of the spill incidents from oil the characteristics of produced water additional measures for produced water production facilities to produced water containers at production facilities that containers would be required: containers. Some of the spill incidents may uniquely distinguish these • Visually inspect on a regular attributed to unspecified tank batteries containers from containers used at other schedule the equipment and (4%) or unspecified tanks (6%) may also types of facilities to hold oil mixtures. appurtenances which typically cause involve produced water containers. spills from produced water containers Based on these reports, 5% of the b. Inspection and Maintenance of (e.g., piping, valves, pumps, and the volume of oil spills from oil production Produced Water Storage Containers container itself) to assess the suitability facilities is attributed specifically to DOE has requested that EPA take of the equipment for continued service, produced water containers, 6% is comment on a second approach which as appropriate for the type of fluids. attributed to unspecified tank batteries, would allow an owner/operator of a Facility owners and operators must and 20% is attributed to unspecified production facility to comply with outline in writing procedures for routine tanks. The NRC reports also attribute additional measures for produced water visual inspection and keep records of 3% of the spill incidents to water storage containers in lieu of both sized these inspections in accordance with disposal, which is 16% of the total and general secondary containment § 112.7(e). volume of oil and oil mixtures requirements. That is, a production • Implement a program to discharged from oil production facility owner/operator would be able to periodically skim the fluids in the facilities. The NRC data does not show comply with these specific tailored produced water container as necessary the ratio of oil and water in spills. measures for produced water containers, to prevent an oil layer that would Incidents associated with water disposal or the owner/operator could choose to increase the potential for a discharge of may involve produced water containers, comply with the current sized oil as described in § 112.1(b). The although the review found that water secondary containment requirements for skimming program must be appropriate disposal piping frequently suffers from produced water containers and not be for the fluids stored, the rate of corrosion damage and accidental subject to an additional set of measures. production, the container size, and the impacts and incidents associated with facility configuration. Under this approach, an owner/operator • water disposal may also be associated that chose to comply with these tailored Promptly remove any oil discharges with the water disposal piping. Based requirements would be exempted from from produced water containers and on the information reported to the NRC, the sized secondary containment appurtenances. This approach would the most common causes of oil spill requirement at § 112.9(c)(2) and the require prompt removal upon discovery incidents from oil production facilities general secondary containment of any spills, discharges, or were equipment failure (18%), corrosion requirements at § 112.7(c). accumulations of oil associated with (20%), and leaks, holes and ruptures However, if a facility experiences a produced water containers that are (20%). Twenty-four percent of the spill discharge reportable to EPA under subject to these tailored requirements. reports have unspecified causes. § 112.4, then sized and general As noted previously, EPA considers the Many onshore production facilities secondary containment would be removal of oil-contaminated soil as a already locate produced water required for all produced water method to prevent oil from becoming a containers within the same containment containers at the facility within six discharge as described in § 112.1(b). structure as other oil containers, and months from the discovery of the Disposal of oil must be in accordance size this containment structure to the spill(s).14 When determining spill with applicable Federal, State, and local requirements; under § 112.7(a)(3)(v), a capacity of the largest oil container plus history, the gallon amount specified in facility owner or operator is required to freeboard for precipitation. Therefore, the criterion (either 1,000 or 42) refers describe the methods of disposal of those oil production facilities that to the amount of oil that actually recovered materials in accordance with include sufficient containment already reaches navigable waters or adjoining applicable legal requirements. For the meet the existing sized secondary shorelines, or in connection with purposes of this provision, removal of containment requirement and would not specified activities in waters and not the recoverable oil may be combined with need to comply with these additional total amount of oil spilled. Discharges as physical, chemical, and/or biological measures. A review of spill incident described in § 112.1(b) that are the treatment methods to address any reports from the NRC and selected state result of natural disasters, acts of war, residual oil. These treatment methods data sources shows that containment or terrorism will not disqualify a facility must be consistent with other Federal, structures are an effective means of owner or operator from using these State, or local requirements as containing oil spills within the facility tailored requirements in lieu of sized applicable, and must be properly and preventing discharges to navigable and general secondary containment. waters and adjoining shorelines. This approach is based on input DOE managed to prevent a discharge as EPA requests comment on whether received from the production sector that described in § 112.1(b). • Corrective action to repair or this approach, an exemption from the suggested that an inspection and replace any produced water container, sized secondary containment maintenance approach may be more or associated equipment and requirement, with additional measures appropriate for these containers. appurtenances in order to prevent an oil for produced water containers Additionally, DOE believes that the discharge from occurring, as well as in (including integrity testing and volume of oil in the storage container response to a discharge. This approach condition examinations), appropriately can be significantly reduced further addresses industry concerns, while would require the owner or operator of preserving environmental protection. 14 See the similar discussion in Section V.L.4 of an oil production facility to take Additionally, EPA requests comment on this proposal pertaining to flow-through process corrective action to repair any produced whether there are other measures that vessels. water container and associated

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equipment or appurtenances as regulation. Concern has also been The characteristics of produced water indicated by regularly scheduled expressed by the regulated community in the United States vary widely, inspections. This requirement could be regarding the perceived inequity of the ranging from produced water that is implemented in conjunction with the SPCC regulation relative to oil potable to produced water that can be requirement for periodic inspection; the production wastewater treatment, discharged, injected underground or results of the inspection would inform because the wastewater treatment used as a beneficial water resource the owner or operator of any corrections facilities of publicly owned treatment following varying levels of treatment to or repairs that need to be made. works and other industries were remove oil, salt, or other chemical Corrective action is necessary in order exempted from the SPCC rule in 2002. constituents. Similarly, factors such as to prevent a discharge from occurring, Therefore, DOE has requested that EPA high energy prices, advances in water as well as in response to a discharge. request comment on an exemption from treatment technology, and changing This measure is intended to prevent the SPCC rule for produced water perspectives on the value of produced discharges as described in § 112.1(b) by altogether, similar to that previously water for beneficial uses including ensuring that produced water provided to wastewater treatment agriculture irrigation, livestock equipment is well maintained. systems. watering, recreation, aquifer recharge, The requirement for periodic Produced water treatment facilities or and enhanced oil recovery are factors inspection of produced water parts thereof may be subject to the that may encourage the industry to equipment on a regular schedule is National Pollutant Discharge separate oil and natural gas fluids from intended to increase the likelihood that Elimination System (NPDES), Safe produced water and to manage the a discharge as described in § 112.1(b) Drinking Water Act (SDWA), produced water in a manner that will will be prevented or detected promptly. Underground Injection Control (UIC), or reduce oil spills. The docket of this The inspection requirements for State permitting requirements that limit proposed rule contains several produced water equipment would be the level of pollutants in produced documents relating to produced water consistent with the inspection water that could be introduced into the provided to EPA by DOE.16 requirements for oil containers at oil environment. For example, under 40 Therefore, as requested by DOE, EPA production tank batteries under CFR 122.41(e), NPDES permits require seeks comment on an exemption for § 112.9(c)(3). The requirement for permittees to properly operate and produced water treatment facilities or periodic skimming of the container maintain all facilities and systems of parts thereof from the SPCC regulation. should reduce the impact of a spill by treatment or control. 40 CFR 122.41(d) At oil or natural gas drilling, limiting the amount of oil held in a requires the NPDES permit holder to production, recovery, or recycling produced water storage container. take all reasonable steps to minimize or facilities, produced water treatment The Agency seeks comments on this prevent any discharge in violation of a facilities or parts thereof that would be approach, including comment on the permit that has a reasonable likelihood proper methodology, procedures, exempted from SPCC regulation include of adversely affecting health or the the storage, treatment, or beneficial use industry standards/practices, equipment environment. Underground sources of and frequency for an oil ‘‘skimming of produced water in containers, pits, drinking water are protected under 40 ponds, piping, flowlines, and injection program.’’ Any suggestions on CFR 144.12, whereby any underground alternative approaches or language must or discharge systems including pumps injection, except into wells authorized include an appropriate rationale in and other appurtenances necessary for by rule or authorized by permit issued order for the Agency to be able to the operation of these systems. under the UIC program, is prohibited. consider it for final action. Specifically, this approach would These measures are intended to address amend § 112.1(d)(iii)(6) pertaining to the c. Exemption for Produced Water the discharge of known pollutants general applicability of the SPCC rule, Treatment contained in water that is to be to read, ‘‘Any facility or part thereof Due to several factors including the introduced to water bodies (in the case used exclusively for waste water growing interest in produced water for of NPDES) or to groundwater (in the treatment and not used to satisfy any beneficial uses, and the understanding case of UIC). In contrast to these requirement of this part. This would that the increased use of produced water measures, SPCC is designed to prevent include produced water treatment in oil for beneficial uses will reduce the the non-routine accidental discharge of or natural gas production, recovery, or potential for oil spills, DOE also oil that might be held in an oil container recycling.’’ requested that EPA consider alternatives at a facility. Produced water managed prior to the to current SPCC requirements for Produced water treatment facilities or initial separation of co-mingled oil or produced water at oil and natural gas parts thereof are often regulated under natural gas fluids that are produced operations. In the July 2002 (67 FR state laws and regulations applicable to oil and natural gas production which 47139; July 17, 2002) amendments to Management Best Management Practices for Fluid the SPCC rule under § 112.1(d)(6), EPA address operations and pollution Minerals Web site at http://www.blm.gov/wo/st/en/ _ _ exempted wastewater treatment prevention. Oil and natural gas prog/energy/oil and gas/ operations, including produced water best_management_practices.html. facilities or parts thereof from the SPCC 16 Relevant documents include: rule. In the amended regulation, EPA treatment facilities on Federal lands managed by the Department of the Interstate Oil and Gas Compact Commission and defined wastewater treatment as not ALL Consulting, 2006, ‘‘A Guide to Practical including oil production, recovery, or Interior Bureau of Land Management are Management of Produced Water from Onshore Oil recycling of oil, and clarified that subject to environmental review, lease and Gas Operations in the United States.’’ Available stipulations, and operational guidelines at http://www.iogcc.state.ok.us. treatment of produced water was not Veil, J.A., M.G. Puder, D. Elcock, and R.J. considered wastewater treatment. that include best management practices 15 Redweik, Jr., 2004, ‘‘A White Paper Describing Since the 2002 amendments were for reducing environmental impacts. Produced Water from Production of Crude Oil, issued, industry, states, and DOE have Natural Gas, and Coal Bed Methane,’’ prepared by 15 For example, see Argonne National Laboratory, Argonne National Laboratory for the U.S. commented on the low incremental 2007, ‘‘Produced Water Management Information Department of Energy, National Energy Technology environmental benefit of regulating System’’ at http://web.evs.anl.gov/pwmis/ and U.S. Laboratory, January. Available at: http:// produced water under the SPCC Department of the Interior, 2007, Bureau of Land www.ead.anl.gov/pub/dsp_detail.cfm?PubID=1715.

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from the wellhead would not be container, as described in the definition with sludge or residues of product, exempted from the SPCC regulation. of ‘‘permanently closed’’ at § 112.2. which could be discharged. Discharges Whether a produced water treatment According to the definition, for a from these facilities could cause severe facility or part thereof is used container to be permanently closed, all environmental damage during such exclusively for wastewater treatment liquid and sludge must be removed from temporary storage and are therefore (i.e., not storage or other use of oil) or the container and connecting lines, all subject to the rule.’’ (67 FR 47059) used to satisfy a requirement of part 112 connecting lines and piping must be EPA notes, however, that the will often be a facility-specific disconnected from the container and definition of permanently closed does determination based on the activity blanked off, all valves (except not require a container to be removed associated with the facility or part ventilation valves) must be closed and from a facility; permanently closed thereof. Only the portion of the facility locked, and conspicuous signs must be containers may be brought back into use (including produced water treatment posted on each container stating that it as needed for variations in production associated with production, recovery, or is a permanently closed container and rates and economic conditions. (A recycling of oil or natural gas) used noting the date of closure. Once facility owner or operator should review exclusively for produced water permanently closed, a container is no state and local requirements, which may treatment and not used to meet any part longer required to be counted toward require removal of a container when it 112 requirement would be exempt from the total facility storage capacity, nor is is taken out service.) part 112 under this approach. Examples it subject to the other requirements Furthermore, EPA wants to clarify of produced water treatment facilities or under the SPCC rule. that permanent closure requirements parts thereof used to meet a part 112 Variable economic conditions and under the SPCC rule are separate and requirement which would not be part of production rates at an oil production distinct from the closure requirements this exemption include an oil/water facility may cause certain containers to in regulations promulgated under separator. be unused for long periods of time. Subtitle C of the Resource Conservation It should also be noted that under this Regulated community members have and Recovery Act (RCRA), i.e., the approach, a discharge of produced water indicated that permanent closure of Standards For Owners and Operators of containing oil to navigable waters or such containers is undesirable because Hazardous Waste Treatment, Storage, adjoining shorelines in a ‘‘harmful the requirements for closing a container And Disposal Facilities at 40 CFR part quantity’’ (40 CFR part 110) is still makes it costly and difficult to return a 264 and Interim Status Standards for prohibited. Thus, to avoid such container to use if production rates Owners and Operators of Hazardous discharges, EPA would expect owners surge or if economic conditions become Waste Treatment, Storage, and Disposal or operators to comply with the more favorable. Facilities at 40 CFR part 265. These applicable permitting requirements Members of the regulated community regulations describe the requirements under Federal or State statutes, have suggested that EPA provide an for operators of facilities that use tank including best management practices option to ‘‘temporarily’’ close a systems for storing or treating hazardous and operations and maintenance container, to exempt it from SPCC waste, as well as requirements for tank provisions contained therein. EPA applicability, but allow it to be returned closure and post-closure care would require that if a facility to service if needed. Specifically, (§§ 264.197 and 265.197). However, experiences a discharge reportable to ‘‘temporary closure’’ would have less these requirements generally do not EPA under § 112.4, then the facility stringent requirements than permanent apply to an oil production facility. would no longer be exempt and sized closure, and would be intended for According to the applicability provision and general secondary containment situations where containers would only in § 264.1(b), ‘‘the standards in this part would be required for all produced be closed for short periods of time. The apply to owners and operators of all water containers at the facility within significant difference in closure facilities which treat, store, or dispose of six months from the discovery of the requirements between EPA’s current hazardous waste, except as specifically spill(s). ‘‘permanent’’ requirements and the provided otherwise in this part or part The Agency seeks comments on suggested ‘‘temporary’’ requirements 261 of this chapter’’ (emphasis added). whether exempting produced water appears to be the removal of liquid and Part 261 states that ‘‘Drilling fluids, treatment facilities from the SPCC sludge from the container and produced waters, and other wastes regulation is appropriate. In particular, connecting lines. EPA believes that associated with the exploration, EPA requests comment on the rationale allowing liquid and sludge to remain in development, or production of crude for this approach, i.e., the assumption the container, without the benefit of the oil, natural gas or geothermal energy’’ that the oil content of equipment SPCC rule protections, such as are not hazardous waste (§ 261.4(b)(5)). handling produced water (e.g., tanks, containment and inspection, creates the Therefore, an oil production facility piping, and related appurtenances) after potential for a discharge. Therefore, EPA does not have to undergo the expense of initial separation is low. Any does not believe that it is appropriate to permanent closure under part 264 or suggestions on alternative approaches or exempt containers without requiring part 265 of RCRA, because these language must include an appropriate that all liquid and sludge be removed. wastes—that is, drilling fluids, rationale in order for the Agency to be EPA reiterates the statement that the produced waters, and other wastes able to consider it for final action. Agency made in the preamble to the associated with the exploration, July 2002 amendment to the SPCC rule: development, or production of crude oil 7. Clarification of the Definition of ‘‘If a tank is not permanently closed, it are not subject to these regulations. In Permanently Closed Containers is still available for storage and the addition, the owner or operator of the The SPCC rule exempts from possibility of a discharge as described in oil production facility could transport applicability and from capacity § 112.1(b), remains. Nor does a short such wastes to a non-hazardous waste threshold determinations any oil storage time period of storage eliminate the disposal or treatment facility, as container that is permanently closed. possibility of such a discharge. opposed to a permitted Subtitle C EPA seeks to clarify concerns expressed Therefore, a prevention plan is hazardous waste facility. (The reasons by the regulated community over the necessary. A tank closed for a temporary why regulation under Subtitle C of requirements for permanently closing a period of time may contain oil mixed RCRA for wastes associated with oil

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production was determined to be § 112.1(b). As described in a 1976 the container. The SPCC regulation is unwarranted are described in the amendment to the rule (41 FR 34164, performance-based and provides Federal Register notice ‘‘Regulatory December 11, 1976), this determination flexibility to the facility owner or Determination for Oil and Gas and must be based solely upon operator in terms of the design and Geothermal Exploration, Development, consideration of the geographical implementation of the secondary and Production Wastes’’ (July 6, 1988; aspects of the facility, and excludes containment system that will provide 53 FR 25446).) consideration of manmade features such adequate protection. Secondary Given the clarifications provided as dikes, equipment, or other structures containment may be achieved by use of here, EPA does not believe that further that may serve to restrain, hinder, dikes, berms, or other barriers, regulatory action is needed to address contain, or otherwise prevent a engineered drainage structures, or other this issue. Nevertheless, EPA welcomes discharge as described in § 112.1(b). As active or passive containment methods. comments on whether further EPA noted in the 1976 rule preamble, The regulation provides general design clarification regarding the definition of ‘‘manmade features, such as drainage criteria for secondary containment of permanently closed is necessary. Any control structures and dikes, are not to bulk storage containers by requiring suggestions for alternative approaches be used in concluding there is no simply that the containment be of a size must include an appropriate rationale reasonable expectation that a discharge sufficient to contain the capacity of the and supporting data in order for the will reach navigable waters. If there is largest container, with freeboard for Agency to be able to consider it for final a reasonable expectation that a precipitation, as appropriate. EPA does action. discharge from the facility would reach not require the use of specific sizing 8. Oil and Natural Gas Pipeline navigable waters but for or in the criteria to account for precipitation (e.g., Facilities absence of such containment or other 110 percent of capacity); instead it structures, the facility is subject to the allows the facility owner or operator, or In developing this proposed requirements of this part.’’ (41 FR the PE certifying the Plan, to consider rulemaking, questions have been raised 34164, December 11, 1976). This policy location specific conditions, including concerning the jurisdictional lines has been an important foundation for the possibility that a bulk storage between EPA and the Department of the applicability of the SPCC rule for container is located indoors where Transportation (DOT) in relation to oil over 30 years. precipitation does not occur. The SPCC and gas pipeline systems and associated Although the issue was addressed in rule also requires that the containment equipment. Our objective, in keeping 1976, members of the regulated structure provided around bulk storage with the Executive Order 12777 and community continue to raise questions containers be sufficiently impervious to earlier executive orders, as well as the regarding the use of man-made oil. Therefore, the containment structure 1971 DOT and EPA Memorandum of structures. In the preamble to the 2002 Understanding (MOU), is to differentiate must not be equipped with open floor SPCC rule revisions, EPA responded to drains unless the drainage system has between ‘‘transportation’’ and ‘‘non- comments by explaining that, ‘‘To allow transportation’’ facilities in a manner been purposefully equipped to treat any consideration of manmade structures discharge, for example by use of an that provides clear and definitive (such as dikes, equipment, or other standards, while eliminating regulatory adequately sized oil-water separator structures) to relieve a facility from (any indoor drainage system that leads gaps, and overlapping regulation and being subject to the rule would defeat its oversight. To these ends, EPA and DOT directly to a sewer authority, Publicly preventive purpose. Because manmade Owned Treatment Works (POTW), or a have committed to revise or augment structures may fail, thus putting the waterbody may serve as a conduit for a their 1971 MOU to more clearly define environment at risk in the event of a discharge to navigable waters). the jurisdictional scope over oil and gas- discharge, there is an unacceptable risk Additionally, any doorways, windows, related infrastructure by delineating the in using such structures to justify or other openings thatwould permit a specific equipment and appurtenances relieving a facility from the burden of discharge to flow out of the building that are part of the pipeline system preparing a prevention plan.’’ (67 FR must also be taken into consideration. subject to DOT jurisdiction. In the case 47062, July 17, 2002). However, To the extent that an existing building of a natural gas pipeline, EPA and DOT members of the regulated community structure meets the SPCC performance will evaluate the appropriate continue to suggest that man-made criteria for secondary containment, the jurisdictional divide for equipment such features, such as basements or owner/operator can consider such a as compressor stations, lubricating containment structures, should be taken building as an appropriate containment systems and tanks. EPA and DOT have into consideration when determining structure. In cases where the building committed to diligently pursue whether the SPCC requirements apply. resolution of this issue and, early next EPA continues to uphold this walls may be used for secondary year, to make available for public applicability criterion, but seeks to containment, it should be noted, that comment the document memorializing clarify that certain man-made features, the calculation of the capacity of the the culmination of this effort. EPA, such as building walls, basement secondary containment structure would intends to give notice of completion of structures, and drainage systems may be need to consider the displacement by this process in connection with taken into consideration in determining other containers, equipment, and items publication of the final version of this how to comply with the SPCC sharing the containment structure. rule by incorporating by reference or requirements. Where applicable, containers may be otherwise a provision outlining the subject to the National Fire Protection’s 1. Secondary Containment agencies’ relative jurisdiction in this Flammable and Combustible Liquids area. If an oil storage container at a Code (NFPA 30) in addition to the SPCC regulated facility is located inside a requirements. In these situations, the M. Man-Made Structures building, the PE or facility owner/ building may serve as both general and The SPCC rule is applicable to a operator certifying the SPCC Plan may sized secondary containment. For facility that, due to its location, could take into consideration the ability of the containers located in buildings, NFPA reasonably be expected to have a building walls and/or drainage systems 30 prescribes specific requirements to discharge of oil as described in to serve as secondary containment for control fire hazards involving

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flammable or combustible liquids, integrity testing requirements for generators, which may include day fuel particularly in the areas of design, containers located indoors. With respect tanks, either integral to the generator or construction, ventilation, and ultimately to integrity testing of aboveground immediately adjacent to the unit. facility drainage. More specifically, storage tanks located indoors, applicable Additional reserve capacity may also be NFPA 30 requires curbs, scuppers, industry inspection standards, such as provided by aboveground and/or drains or similar features to prevent the API 653 and STI SP001 do not underground storage tanks (USTs) to flow of liquids in emergencies to specifically differentiate inspection meet the NRC requirement to provide a adjacent buildings, including provisions requirements for indoor versus outdoor seven-day supply of fuel oil on-site. to handle water from fire protection containers. However, SP001, for Each utility develops its particular systems. In the area of facility drainage, example, does differentiate based on systems and procedures for ensuring NFPA 30 requires that a facility be container size and configuration, and, their operability and integrity; these designed and operated to prevent the for tanks with storage capacities up to elements become part of the safety discharge of liquids to public 5,000 gallons provided with sized program that is reviewed and approved waterways, public sewers, or adjoining secondary containment and a release by NRC in granting an operating license property. Thus, if a facility is designed, prevention barrier (such as a liner, for the utility. constructed and maintained to concrete pad, or an elevated tank in EPA currently exempts from the SPCC applicable fire codes, such as NFPA 30, secondary containment), the standard requirements any completely buried the building may serve as secondary requires visual inspection and storage tank that is subject to all of the containment under the SPCC rule. recordkeeping by the owner/operator technical requirements for USTs under Given the clarifications provided per the SP001 schedule. For tanks 40 CFR part 280 or a state program here, EPA does not believe that further greater than 5,000 gallons in the same approved under part 281. However, as regulatory action is needed to address configuration, SP001 requires visual discussed in the preamble to the final this issue. EPA welcomes comments on inspection by the owner/operator rule for parts 280 and 281 (53 FR 37082, whether further clarification regarding coupled with a formal external September 23, 1988), the Agency chose the use of building structures to meet inspection by a certified inspector on a to defer the requirements of Subparts B, the SPCC secondary containment 20-year cycle versus a more stringent C, D, E, and G for these tanks pending requirements is necessary. inspection scope and schedule for tanks completion of a review of the NRC regulations (10 CFR part 50, Appendix 2. Integrity Testing located outdoors in earthen secondary containment. Therefore, the Agency A) governing these tanks to determine The SPCC rule requires that bulk believes that the industry standards whether further regulation under the storage containers be made of already provide flexibility to the owner/ UST regulations is necessary to protect compatible materials and are operator of the facility based on tank human health and the environment or appropriate for the conditions of size and configuration. Additionally, the whether such regulation would be storage, such as pressure and owner/operator in conjunction with the inconsistent with the NRC regulations. temperature (§§ 112.8(c)(1) and certifying PE has the flexibility under Thus, UST tanks that are part of an 112.12(c)(1)), and are tested for integrity the SPCC regulation to develop an emergency generator system at a nuclear on a regular schedule (§§ 112.8(c)(6), alternate container inspection program. power generation facility regulated by and 112.12(c)(6)). If, at a regulated Given the clarifications provided the NRC are still subject to some of the facility, indoor conditions are such that here, EPA does not believe that further UST regulations. For example, deferred they reduce external corrosion and regulatory action is needed to address tanks must still comply with the release potential for discharges, these operating this issue. Nevertheless, EPA welcomes response and corrective action conditions may be considered in the comments on whether further requirements under Subpart F development of a site-specific clarification regarding requirements for (§§ 280.60 through 280.67). inspection program. Tank inspection integrity testing of containers located Consequently, because these tanks are standards, such as the American indoors, or a regulatory amendment is not subject to all of the UST Petroleum Institute’s (API) Standard 653 necessary. requirements, they are currently subject and the Steel Tank Institute’s (STI) to the SPCC requirements. SP001, detail the appropriate inspection N. Underground Emergency Diesel Nuclear power plant stakeholders scope and frequency depending on Generator Tanks at Nuclear Power have provided comments to the Agency container type and configuration. Stations questioning whether dual regulation of However, in developing a regulated Under the U.S. Nuclear Regulatory these USTs under relevant NRC facility’s inspection program, it should Commission (NRC) regulations, a requirements and SPCC requirements is be recognized that although indoor oil nuclear power generation facility must appropriate or necessary. The industry storage containers are generally shielded meet certain design criteria to ensure has also indicated that to comply with from precipitation, precipitation is only that the plant will be operated in a SPCC requirements, the unit would one of the many factors that promote manner protective of the public’s health need to be shut down to properly corrosion. Even indoors, high humidity and safety (10 CFR part 50, Appendix address secondary containment and acidic dust settling on the container A). The NRC design criteria cover the integrity testing and inspection surface or some other factor may design, fabrication, installation, testing requirements; to do so otherwise would promote external corrosion. and operation of structures, systems, violate stringent NRC operating safety Furthermore, indoor containers may be and components important to safety. requirements. A shutdown to address comparatively more susceptible to Nuclear power stations are required to SPCC requirements is costly and accidental impacts from mobile provide redundant on-site electric jeopardizes public power supply needs. equipment (e.g., forklifts) given the power system and an off-site power To further analyze the potential overlap more restricted space. Indoor containers system to allow functioning of and concerns relative to the SPCC also remain subject to internal corrosion structures, systems, and components requirements in light of NRC that can lead to pitting and leaking. important to safety. These on-site power requirements, EPA conducted a site visit The SBA requested that EPA consider systems typically consist of diesel- to a nearby nuclear power station and whether there should be differentiated powered emergency or standby consulted NRC.

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EPA compared the NRC regulations • Buried Piping: § 112.8(d): State program approved under 40 CFR and guidelines with the relevant SPCC Protection and leak testing of buried part 281, completely buried tanks at requirements. Under 10 CFR Part 50, piping. NRC-regulated facilities would not be Appendices A and B, nuclear power Since the USTs are single-walled steel counted as part of the aggregate generation facility operators must tanks, the tanks may not meet the aboveground storage capacity of the identify the relevant codes and secondary containment requirements at facility, but the tanks would need to be standards, develop and implement a § 112.8(c)(2); however, an argument marked on the facility diagram as quality assurance program, and could be made that secondary provided in § 112.7(a)(3) if the facility is maintain appropriate records of the containment is impracticable under otherwise subject to the SPCC rule. design, fabrication, erection, and testing § 112.7(d). Since these USTs remain EPA seeks comments on the proposed throughout the life of the nuclear unit. subject to Subpart F of Part 280 (Release exemption of completely buried oil The quality assurance program required Response and Corrective Action for UST storage tanks at NRC facilities. Any per Appendix B must be documented by Systems Containing Petroleum or alternative approach presented must written policies, procedures or Hazardous Substances), the include an appropriate rationale and instructions and implemented as requirements of § 112.7(d)(1) and supporting data in order for the Agency documented. To assist nuclear power 112.7(d)(2) may be met. Additionally, to be able to consider it for final action. since the tanks were installed prior to unit licensees in complying with the O. Wind Turbines license requirements, the NRC has January 10, 1974, the completely buried developed a number of guidance tanks are not subject to the cathodic The Agency was requested to address documents, including documents protection requirements at § 112.8(c)(4). the applicability of the rule to wind pertaining to the operation of standby However, since the tanks are subjected turbines used to produce electricity. In consultation with DOE, EPA’s research diesel generators. Specifically, NRC to a non-destructive evaluation on a 10- shows that the larger 1.5-mega watt Regulatory Guide 1.137, ‘‘Fuel-Oil year cycle, the leak testing requirement (MW) turbines have gearbox capacities Systems for Standby Diesel Generators’’ under § 112.8(c)(4) would be met. typically ranging between 55 and 65 details the requirements for inspection Completely buried tanks are also subject gallons. Additionally, other wind and testing of fuel oil systems, corrosion to the engineering requirement at turbine components, such as the gear protection, and the periodic cleaning of § 112.8(c)(8) to prevent overfills. The reducers within the turbine for yaw and fuel supply tanks. These measures are observed tanks were equipped with pitch control may contain up to 10 similar to the measures required under automatic tank gauging. Buried piping gallons of lubricating oil. Based on these the SPCC regulation for completely associated with the completely buried tanks is subjected to pressure testing on capacities, wind turbine farms at buried tanks, which include corrosion locations where there is a reasonable protection of buried tanks (§ 112.8(c)(4)) a 10-year cycle; however, since the piping was installed prior to 2002, the expectation of a discharge to navigable and of buried piping (§ 112.8(d)(1)), and waters or adjoining shorelines could inspection and testing of buried piping buried piping is not subject to the coating, wrapping and cathodic meet the 1,320-gallon aggregate (§ 112.8(d)(4)). According to NRC, this aboveground oil storage capacity guideline represents one acceptable protection requirements at § 112.8(d)(1). The case summarized above applicability threshold for the SPCC method to meet the NRC requirements illustrates the similarities between UST rule and would be required to prepare for these standby systems. If a licensee safety measures implemented under the a Plan. The Agency believes that these chooses an alternative approach then NRC regulations and SPCC requirements wind turbines meet the definition of oil- equivalency must be demonstrated applicable to completely buried tanks. filled operational equipment through an engineering review by the EPA believes that nuclear power plants promulgated in the December 2006 NRC as part of the licensing process. have unique characteristics that SPCC rule amendments (71 FR 77266, In conducting the site visit to a nearby differentiate them from other types of December 26, 2006) and thus can take nuclear power station, EPA observed regulated facilities. Thus, EPA advantage of the alternative compliance that the standby generators had both understands that certain actions option provided for this type of aboveground and underground storage necessary to comply with the SPCC rule equipment. tanks on-site to meet the requisite fuel could be impracticable at NRC facilities The amendments to the SPCC rule demands. The USTs were installed in because they may compromise the promulgated in December 2006 allow 1973 and consist of single-walled steel availability of the emergency diesel owners and operators of facilities with tanks equipped with automatic tank generation tank and consequently affect eligible oil-filled operational equipment gauging and are subjected to the reliability of the nuclear power the option to prepare an oil spill nondestructive evaluation (ultrasonic supply and result in the shut down of contingency plan and a written thickness testing) every 10 years. a nuclear power plant. EPA believes that commitment of manpower, equipment, Associated piping is tested every 10 the NRC operating safety requirements and materials to expeditiously control years. EPA then reviewed the relevant best address the specific and unique and remove any oil discharged that may SPCC requirements associated with operational challenges represented by be harmful without having to make an USTs that meet the definition of completely buried tanks at nuclear individual impracticability completely buried tanks in § 112.2 of power plants. EPA is, therefore, determination as required in § 112.7(d). the SPCC rule and conducted a proposing to exempt completely buried If an owner or operator takes this comparative analysis as detailed below. oil storage tanks at NRC-regulated option, he or she is also required to • All containers: § 112.8(c)(2): Sized facilities that are subject to the safety establish and document an inspection or secondary containment requirements. requirements under the NRC monitoring program for this qualified • Buried Tanks: § 112.8(c)(4): regulations. The exemptions would oil-filled operational equipment to Protection and leak testing of buried apply only to completely buried tanks detect equipment failure and/or a metallic tanks. as defined in § 112.2 of the SPCC discharge in lieu of providing secondary • All Containers: § 112.8(c)(8): regulation. Similar to completely buried containment. Engineering of each container to prevent tanks subject to all the technical The Agency defined ‘‘oil-filled overfills. requirements of 40 CFR part 280 or a operational equipment’’ as ‘‘equipment

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that includes an oil storage container (or P. Technical Corrections VII. Statutory and Executive Order multiple containers) in which the oil is Reviews present solely to support the function of EPA proposes a technical correction to the introductory paragraph of § 112.3, A. Executive Order 12866—Regulatory the apparatus or the device. Oil-filled Planning and Review operational equipment is not considered to move the phrase ‘‘in writing’’ after a bulk storage container, and does not ‘‘must prepare’’ and then insert the Under section 3(f)(1) of Executive include oil-filled manufacturing phrase ‘‘and implement’’ after the Order (EO) 12866 (58 FR 51735, October equipment (flow-through process). phrase ‘‘in writing’’, in order to provide 4, 1993), this action is an ‘‘economically Examples of oil-filled operational an explicit requirement for a facility significant regulatory action’’ because it equipment include, but are not limited owner to both prepare and implement is likely to have an annual effect on the to, hydraulic systems, lubricating an SPCC Plan. This paragraph describes economy of $100 million or more. systems (e.g., those for pumps, the requirement for an owner or Accordingly, EPA submitted this action compressors and other rotating operator of an onshore or offshore to the Office of Management and Budget (OMB) for review under EO 12866 and equipment, including pumpjack facility subject to the rule to prepare an any changes made in response to OMB lubrication systems), gear boxes, SPCC Plan, in writing, and in recommendations have been machining coolant systems, heat accordance with § 112.7 and any other documented in the docket for this transfer systems, transformers, circuit applicable section of the rule. Adding action. In addition, EPA prepared an breakers, electrical switches, and other the term ‘‘and implement’’ to this analysis of the potential costs and systems containing oil solely to enable paragraph would be consistent with the benefits associated with this action. the operation of the device.’’ (71 FR subsequent subsections, which provide This analysis is contained in the 77290) compliance dates to both prepare or regulatory impact analysis (RIA) These examples the Agency included amend, and implement, an SPCC Plan entitled, ‘‘Regulatory Impact Analysis in definition of oil-filled operational for various categories of facility owners for the Proposed Amendments to the Oil equipment were intended to provide and operators. In describing the Pollution Prevention Regulations (40 additional clarity and not to exclude requirement to prepare a Plan in the CFR Part 112)’’ (September 2007). A other such equipment. Based on their introductory paragraph of § 112.3, the copy of the analysis is available in the characteristics, the Agency considers Agency inadvertently excluded the docket for this action and the analysis wind turbines to meet the definition of explicit requirement to also implement is briefly summarized here. EPA oil-filled operational equipment. Wind that Plan. Clearly, a facility owner or requests comments from the public on farm facilities can take advantage of the operator must implement his SPCC Plan the costs and benefits of any of the oil spill contingency plan compliance in order for it to be effective in proposed regulatory alternatives and option as an alternative to secondary preventing discharges of oil to navigable preferred options discussed in this containment requirements. waters and adjoining shorelines. In proposed rulemaking action. For the economic impact analysis of In addition, in examining the design order to provide clarity, EPA will these proposed amendments to the of a wind turbine, a PE (or owner/ explicitly include the word SPCC rule, EPA used the SPCC rule operator of a qualified facility) may ‘‘implement’’ in § 112.3 as a technical requirements at 40 CFR part 112, as determine that it inherently provides correction, and seeks comment on this amended in 2002 (67 FR 47042, July 17, sufficient secondary containment for its clarification. 2002) as the baseline to estimate the oil reservoirs. The nacelle, or structure potential cost savings to regulated that contains the key components of the EPA also proposes a technical facilities from these proposed turbine, including the gearbox and the correction to the introductory paragraph amendments. The cost savings are not electrical generator, may be determined of § 112.12, to delete the phrase ‘‘(excluding a production facility.)’’ In adjusted for the estimated, potential cost to serve as sufficient secondary savings for the final 2006 rule containment in the event of an oil the December 2006 amendments to the SPCC rule (71 FR 77266, December 26, amendments and may overestimate the discharge. Thus, the PE or owner/ cost savings for these proposed operator of a qualified facility may 2006), EPA amended Subpart C of part 112 by removing several sections amendments, particularly for proposed certify a wind turbine as being in Tier 1 qualified facilities, proposed because they were not appropriate for compliance with the § 112.7(c) revisions to the integrity testing animal fats and vegetable oils. At that requirements for secondary requirement, and the proposed containment. As such, the alternative time, as a point of clarification, EPA amendments to delay SPCC Plan measures described in § 112.7(k) (i.e., an also removed the phrase ‘‘for onshore preparation and implementation for oil oil spill contingency plan, the facilities (excluding production production facilities. The regulatory commitment of resources and facilities)’’ from the title of § 112.12, impact analysis developed in support of manpower, and an inspection or because, having removed the this proposal compares the compliance monitoring program) would not be inapplicable production facility costs for owners and operators of necessary. requirements from Subpart C, it was no facilities affected by the proposed It is important to note that a wind longer necessary to differentiate onshore amendments to the costs owners and farm that meets the criteria for qualified oil production facilities from other operators would face under the 2002 facility status has additional compliance facilities in § 112.12. However, EPA SPCC rule amendments. The proposed alternatives, and flexibility is available, inadvertently neglected to remove the regulatory amendments have twelve the most significant being the option for corresponding phrase from the major components: (1) Exempt hot-mix self-certification of his SPCC Plan. EPA introductory paragraph of the section. asphalt; (2) exempt pesticide seeks comments on whether this EPA currently seeks to correct this application equipment and related mix discussion provides adequate clarity on inadvertent omission. EPA seeks containers used at farms; (3) exempt the applicability of the SPCC rule to comments on this proposed technical heating oil containers at single-family wind turbines, or whether further correction. residences; (4) amend the definition of clarification is needed. ‘‘facility’’ to clarify the flexibility

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associated with defining a facility’s associated with each of the major the estimated cost savings for the boundaries; (5) amend the facility components of the proposed rule, and proposed options for this proposed rule. diagram requirement to provide presents the results of the economic The total potential cost savings are additional flexibility for all facilities; (6) analysis in Exhibit 1. EPA uses four key calculated taking into account the mid- define ‘‘loading/unloading rack’’ to assumptions in its regulatory impact point values of the estimated ranges of clarify the equipment subject to the analysis. First, the Agency assumes that statistical distributions for unit costs. provisions for facility tank car and tank cost minimization behavior applies to These estimates are not necessarily truck loading/unloading racks; (7) all owners and operators of facilities additive, given that they do not account provide streamlined requirements for a that qualify for reduced regulatory for interactions among the various subset of qualified facilities; (8) amend requirements, whereby all those affected components of the proposed rule.18 the general secondary containment would seek burden relief. Second, EPA The oil production sector and farms provision to provide more clarity; (9) assumed, consistent with EPA’s would benefit from multiple amend the security requirements for all guidelines for conducting economic components of the proposed rule. Farms facilities; (10) amend the integrity analyses, that all existing owners and would benefit from the proposed testing requirements to allow a greater operators of facilities are in full requirements for Tier I qualified amount of flexibility in the use of compliance with the July 2002 facilities, amendments to the definition industry standards at all facilities; (11) amendments to the SPCC rule (67 FR of ‘‘facility’’, amendments to the amend the integrity testing requirements 47042). Third, EPA assumes that owners security, integrity testing, facility for containers that store animal fats or and operators of existing SPCC- diagram requirements, amendments to vegetable oils and meet certain criteria; regulated facilities would forgo the definition of ‘‘loading/unloading compliance activities offered as (12) streamline a number of rack’’, and the exemption for single- alternatives to activities that required requirements at oil production facilities; family residential heating oil containers, one-time initial investments because and (13) exempt completely buried oil in addition to the exemption of they would have already incurred a one- storage tanks at nuclear power pesticide application equipment. The time cost. For example, EPA assumes generation facilities. EPA is also total cost savings to farm owners and that an owner or operator of an existing providing clarification in the preamble operators from these amendments are facility who would qualify for reduced to this proposed rule on three additional estimated at $263 million on an security requirements under the issues identified by the regulated annualized basis. community: (1) the consideration of proposed rule that allows facility The oil production sector would man-made structures in determining owners/operators to tailor their security benefit from proposed revisions to the how to comply with the SPCC rule measures to the facility’s specific facility diagram requirements, and requirements; (2) the applicability of the characteristics and location, would have amendments to the definition of rule to underground emergency diesel already provided the security measures ‘‘loading/unloading rack’’, and some generator tanks at nuclear power as per the 2002 rule amendments or would benefit from the new stations, and (3) the applicability of the demonstrated environmental requirements for Tier I qualified rule to wind turbines for electricity equivalence for tailored security facilities, in addition to amendments generation. measures. Thus, owners and operators specific to the oil production sector For each of these components, EPA of existing facilities would not take such as the six-month delay in estimated potential cost savings to advantage of the provided alternative. preparation and implementation of regulated facilities that may result from Fourth, EPA assumes that compliance is SPCC Plans and the exemption of flow- reductions in compliance costs. The nationally consistent although through separation and treating main steps used to estimate the variability in state regulations and the equipment from sized secondary compliance cost impacts of the SPCC distribution of affected facilities is containment requirements. The total proposed rule are as follows: recognized. Exhibit 1 presents the estimated cost savings to owners and operators of oil • Develop the baseline universe of savings for each rule component and for production facilities from all of the SPCC-regulated facilities; the proposed rule amendments in total. • Estimate the number of facilities proposed amendments that affect this For several proposed rule amendments, affected by the proposed rule sector are estimated at $83 million on an such as the security requirements and amendments; annualized basis. facilities handling AFVO, EPA did not • Estimate changes in unit have numeric data on the number of compliance cost for each regulated AFVO facilities would have food oil tanks that are affected facilities within a general eligible. facility affected by the proposed rule; industry sector; thus, it developed three 18 Certain industry sectors are affected by • Estimate total compliance cost scenarios to evaluate a range of cost multiple rule components. For example, farms savings to owners and operators of would benefit from the new requirements for Tier savings.17 The exhibit below presents potentially affected facilities; and I qualified facilities, amendments to the definition • Annualize compliance cost savings of ‘‘facility’’, amendments to the security, integrity 17 For example, to develop a range for the number testing, facility diagram requirements, amendments over a ten-year period, 2008 through of affected AFVO facilities, EPA contacted industry to the definition of ‘‘loading/unloading rack’’, and 2017, and discount the estimates using experts who determined that 40 percent to 90 the exemption for single-family residential heating 3 and 7 percent discount rates. percent of containers at AFVO facilities are made oil containers, in addition to the exemption of of stainless steel and almost all containers have pesticide application equipment. As a result, taking Based on these steps, EPA estimated bottom drainage. Therefore, based on professional advantage of one new requirement might preclude the annualized compliance cost savings judgment, the Agency considered three scenarios: a facility from benefiting from other proposed to potentially affected facilities 40% (low), 65% (medium) and 90% (high) of all requirements.

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EXHIBIT 1.—ESTIMATED COMPLIANCE COST SAVINGS FOR THE PROPOSED REGULATORY AMENDMENTS

Annualized cost savings ($2006, Rule component/scenario in millions, 7% discount rate)

Hot-Mix Asphalt: Exempt HMA containers ...... $7 Farms: Exempt pesticide application equipment; clarification on nurse tanks being mobile refuelers ...... $4 Residential Heating Oil Containers: Exempt single-family residential heating oil containers ...... $2 Definition of Facility: Revise the definition of ‘‘facility’’ ...... $251 Facility Diagram: Revise facility diagram requirement ...... $1 Loading/Unloading Racks: Define ‘‘loading/unloading rack’’ ...... $48 Tier I Qualified Facilities: Provide streamlined requirements for Tier I qualified facilities ...... $24 General Secondary Containment: Amend the general secondary containment provision to provide more clarity ...... No cost impact. Security Requirements: Revise security requirements 1 ...... $7 Integrity Testing: Amend the integrity testing requirements to allow a greater amount of flexibility in the use of industry standards at $9 all facilities. Animal Fats and Vegetable Oil: Amend integrity testing requirements for containers that store animal fats or vegetable oil and that meet certain cri- $2 teria 2. Oil Production Facilities: Six month delay for Plan preparation and implementation ...... $25 Exempt flowlines and gathering lines from secondary containment ...... No net cost impact. Flow-through separation and treatment equipment ...... $8 Man-Made Structures: Consider manmade structures in determining SPCC rule applicability ...... No cost impact. Nuclear Power Stations: Exempt completely buried oil storage tanks at nuclear power generation facilities...... Less than $1. Wind turbines: Clarify applicability of the rule to wind turbines used to produce electricity ...... No cost impact.

Total ...... $387 1 Mid-point estimate (17% of oil production facilities, 50% of AFVO facilities, and 8% of farms affected). Cost savings might be higher or lower using different assumptions. 2 Mid-point estimate (65% of facilities affected). Cost savings might be lower using different assumptions.

B. Paperwork Reduction Act Although facility personnel are the that year, resulting in a total of about primary data user, EPA also uses the 610,000 regulated facilities in 2008.19 The information collection data in certain situations. EPA reviews Under this proposed action, the requirements for this proposed rule SPCC Plans: (1) When it requests a storage capacity of containers solely have been submitted for approval to facility owner or operator to submit containing hot-mix asphalt would be OMB under the Paperwork Reduction required information in the event of exempt from the SPCC rule; the Act, 44 U.S.C. 3501 et seq. The certain discharges of oil or to evaluate proposal would also exempt all heating Information Collection Request (ICR) an extension request; and (2) as part of oil containers for single-family document prepared by EPA has been the EPA’s inspection program. State and residences; pesticide application assigned EPA ICR number 0328.14. local governments also use the data, equipment and related mix containers EPA does not collect the information which are not necessarily available used at farms would no longer be required by the SPCC rule on a routine elsewhere and can greatly assist local regulated; the definition of ‘‘facility’’ basis. SPCC Plans ordinarily need not be emergency preparedness efforts. would be amended to clarify that submitted to EPA, but must generally be Preparation of the information for contiguous or non-contiguous buildings, maintained at the facility. Preparation, affected facilities is required under properties, parcels, leases, structures, implementation, and maintenance of an section 311(j)(1) of the Clean Water Act installations, pipes, or pipelines may be SPCC Plan by the facility owner or as implemented by 40 CFR part 112. considered separate facilities, and to operator helps prevent oil discharges EPA estimates that in the absence of specify that the ‘‘facility’’ definition and mitigate the environmental damage this proposed rulemaking, governs the applicability of 40 CFR part caused by such discharges. Therefore, approximately 592,000 existing facilities 112; EPA would amend the facility the primary user of the data is the would be subject to the SPCC rule in facility personnel. While EPA may, from 2008 and have SPCC Plans. In addition, 19 To estimate the number of SPCC-regulated time to time, request information under EPA estimates that approximately facilities in 2008, EPA used the estimated number of facilities for 2005 (571,000) and applied annual, these regulations, such requests are not 18,100 new facilities would become industry-specific growth rates that resulted in about routine. subject to the SPCC requirements during 610,000 facilities.

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diagram requirement to provide estimates that as a result of the proposed sales receipts, depending on the additional flexibility for all facilities; amendments to tailor, clarify, and industry, or 500 or fewer employees, EPA would provide a definition for the streamline certain SPCC requirements, respectively; (2) a small governmental term ‘‘loading/unloading rack,’’ which the reporting and recordkeeping burden jurisdiction that is a government of a would determine whether a facility is would decrease by approximately 1.4 city, county, town, school district or subject to the provisions at § 112.7(h), as million hours. The proposed special district with a population of less well as specifically exclude onshore oil amendments would reduce capital and than 50,000; and (3) a small production facilities and farms from the O&M costs by approximately $43 organization that is any not-for-profit requirements of § 112.7(h); a subset of million on an annualized basis. enterprise that is independently owned qualified facilities (Tier I) would be Burden means the total time, effort, or and operated and is not dominant in its allowed to complete and implement an financial resources expended by persons field. SPCC Plan template (proposed as to generate, maintain, retain, or disclose After considering the economic Appendix G to 40 CFR part 112) in or provide information to or for a impacts of this proposed rule on small order to comply with the SPCC rule Federal agency. This includes the time entities, the Agency certifies that this requirements; the security requirements needed to review instructions; develop, action would not have a significant at § 112.7(g) would be modified to allow acquire, install, and utilize technology economic impact on a substantial an owner or operator to tailor his and systems for the purposes of number of small entities. In determining security measures to the facility’s collecting, validating, and verifying whether a rule has a significant specific characteristics and location; the information, processing and economic impact on a substantial current integrity testing requirements at maintaining information, and disclosing number of small entities, the impact of §§ 112.8(c)(6) and 112.12(c)(6) would be and providing information; adjust the concern is any significant adverse replaced with the requirements existing ways to comply with any economic impact on small entities, provided for qualified facilities, as previously applicable instructions and since the primary purpose of the promulgated in December 2006; the PE requirements; train personnel to be able regulatory flexibility analyses is to or an owner/operator certifying an SPCC to respond to a collection of identify and address regulatory Plan would have the flexibility to information; search data sources; alternatives ‘‘which minimize any determine the scope of integrity testing complete and review the collection of significant economic impact of the that is appropriate for containers that information; and transmit or otherwise proposed rule on small entities’’ (5 store animal fats or vegetable oil that is disclose the information. U.S.C. 603 and 604). Thus, an agency intended for human consumption and An agency may not conduct or may certify that a rule would not have that meet other criteria; lastly, this sponsor, and a person is not required to a significant economic impact on a proposed rulemaking would streamline respond to a collection of information substantial number of small entities if the requirements for oil production unless it displays a currently valid OMB the rule relieves regulatory burden, or facilities by modifying the definition of control number. The OMB control otherwise has a positive economic effect production facility to be consistent with numbers for EPA’s regulations in 40 on all of the small entities subject to the the proposed amendments to the CFR are listed in 40 CFR part 9. rule. definition of facility, extending the Under this proposal, the following timeframe by which a new oil C. Regulatory Flexibility Act issues will be addressed: exempt hot- production facility must prepare and The Regulatory Flexibility Act mix asphalt from SPCC requirements; implement an SPCC Plan, exempting generally requires an agency to prepare exempt specific oil storage equipment flow-through process vessels at oil a regulatory flexibility analysis of any on farms from the SPCC rule production facilities from the sized rule subject to notice and comment requirements; exempt heating oil secondary containment requirements, rulemaking requirements under the containers at single-family residences; while maintaining general secondary Administrative Procedure Act or any clarify how containers, fixed and containment requirements and requiring other statute unless the agency certifies mobile, are identified on the facility additional oil spill prevention measures, that the rule will not have a significant diagram; modify the definition of establishing more specific requirements economic impact on a substantial ‘‘facility’’ to clarify that contiguous or for contingency planning and a number of small entities. Small entities non-contiguous buildings, properties, flowline/intra-facility gathering line include small businesses, small parcels, leases, structures, installations, maintenance program, while exempting organizations, and small governmental pipes, or pipelines may be considered such flowlines and intra-facility jurisdictions. separate facilities and that the definition gathering lines at oil production For purposes of assessing the impacts of ‘‘facility’’ governs the applicability to facilities from the secondary of this proposed rule on small entities, the SPCC rule; define ‘‘loading/ containment requirements, clarifying a small entity is defined as: (1) A small unloading rack’’ to clarify whether a the applicability of the SPCC rule to oil business as defined in the U.S. Small facility is subject to the SPCC rule containers at a natural gas facility, Business Administration (SBA)’s requirements of § 112.7(h); streamline clarifying the SPCC provisions to which regulations at 13 CFR 121.201—the SBA the requirements for a subset of a natural gas facility may be subject, and defines small businesses by category of qualified facilities (Tier I qualified clarifying the definition of business using North American Industry facilities); amend the facility security ‘‘permanently closed’’ as it applies to an Classification System (NAICS) codes, requirements at § 112.7(g) to allow an oil production facility. and in the case of farms and oil owner or operator to tailor security Under this proposed action, an production facilities, which constitute a measures to his facility’s specific estimated 610,000 regulated facilities large percentage of the facilities affected characteristics and location; replace the would be subject to the SPCC by this proposed rule, generally defines current integrity testing requirements at information collection requirements of small businesses as having less than §§ 112.8(c)(6) and 112.12(c)(6) with the this rule in 2008.20 The Agency $0.5 million to $27.5 million per year in current regulatory requirement for a qualified facility; provide the PE or an 20 To estimate the number of SPCC-regulated of facilities for 2005 (571,000) and applied annual owner/operator certifying an SPCC Plan facilities in 2008, EPA used the estimated number industry-specific growth rates. with the flexibility for integrity testing

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for bulk storage containers that store including tribal governments, it must section 311(o), States may impose animal fats or vegetable oil and that have developed under section 203 of additional requirements, including more meet other criteria; and initiate several UMRA a small government agency plan. stringent requirements, relating to the amendments to streamline the The plan must provide for notifying prevention of oil discharges to navigable requirements for oil production facility potentially affected small governments, waters and adjoining shorelines. EPA to address concerns raised by the enabling officials of affected small recognizes that some States have more production sector, respectively. governments to have meaningful and stringent requirements (56 FR 54612, Overall, EPA estimates that this timely input in the development of EPA October 22, 1991). This proposed rule proposed action would reduce annual regulatory proposals with significant would not preempt State law or compliance costs by approximately Federal intergovernmental mandates, regulations. Thus, Executive Order $387 million for owners and operators and informing, educating, and advising 13132 does not apply to this proposed of affected facilities. Total costs were small governments on compliance with annualized over a 10-year period using the regulatory requirements. rule. a 7 percent discount rate. EPA derived EPA has determined that this F. Executive Order 13175—Consultation these savings by estimating the number proposed rule does not contain a and Coordination With Indian Tribal of facilities affected by each proposed Federal mandate that may result in Governments amendment; identifying the specific expenditures of $100 million or more behavioral changes that may occur (e.g., for State, local, and tribal governments, Executive Order 13175, entitled choosing to prepare an SPCC Plan in the aggregate, or the private sector in ‘‘Consultation and Coordination with template instead of a full SPCC Plan); any one year. This proposed action Indian Tribal Governments’’ (65 FR estimating the unit costs of compliance would reduce compliance costs on 67249, November 9, 2000), requires EPA measures under the baseline and owners and operators of affected to develop an accountable process to proposed scenarios; and applying the facilities by approximately $387 million ensure ‘‘meaningful and timely input by change in unit costs to the projected annually, although EPA acknowledges tribal officials in the development of number of affected facilities. this total estimate is derived from regulatory policies that have tribal EPA has therefore concluded that this analyses of individual major implications.’’ This proposed rule does proposed rule would relieve regulatory components of the proposed rule that not have tribal implications, as specified burden for small entities and therefore, are not necessarily additive, given that certify that this proposed action will not they do not account for interactions in Executive Order 13175. This have a significant economic impact on among the various components. Thus, proposed rule would not significantly or a substantial number of small entities. this proposed rule is not subject to the uniquely affect communities of Indian trial governments. Thus, Executive D. Unfunded Mandates Reform Act requirements of sections 202 and 205 of the UMRA. Order 13175 does not apply to this Title II of the Unfunded Mandates EPA has determined that this proposed rule. Reform Act of 1995 (UMRA), Public proposed rule contains no regulatory G. Executive Order 13045 Protection of Law 104–4, establishes requirements for requirements that might significantly or Children From Environmental Health & Federal agencies to assess the effects of uniquely affect small governments. As their regulatory actions on State, local, explained above, the effect of the Safety Risks and tribal governments and the private proposed rule would be to reduce Executive Order 13045,‘‘Protection of sector. Under section 202 of UMRA, burden for facility owners and EPA generally must prepare a written Children from Environmental health operators, including certain small Risks and Safety Risks’’ (62 FR 19885, statement, including a cost-benefit governments that are subject to the rule. analysis, for proposed and final rules April 23, 1997) applies to any rule that: with ‘‘Federal mandates’’ that may E. Executive Order 13132—Federalism (1) Is determined to be ‘‘economically result in expenditures to State, local, Executive Order 13132, entitled significant’’ as defined under Executive and tribal governments, in the aggregate, ‘‘Federalism’’ (64 FR 43255, August 10, Order 12866, and (2) concerns an or to the private sector, of $100 million 1999), requires EPA to develop an environmental health or safety risk that or more in any one year. Before accountable process to ensure EPA has reason to believe may have a promulgating an EPA rule for which a ‘‘meaningful and timely input by State disproportionate effect on children. If written statement is needed, section 205 and local officials in the development of the regulatory action meets both criteria, of UMRA generally requires EPA to regulatory policies that have federalism the Agency must evaluate the identify and consider a reasonable implications.’’ ‘‘Policies that have environmental health or safety effects of number of regulatory alternatives and federalism implications’’ is defined in the planned rule on children, and adopt the least costly, most cost- the Executive Order to include explain why the planned regulation is effective, or least burdensome regulations that have ‘‘substantial direct preferable to other potentially effective alternative that achieves the objectives effects on the States, on the relationship and reasonably feasible alternatives of the rule. The provisions of section between the national government and considered by the Agency. 205 do not apply when they are the States, or on the distribution of EPA interprets Executive Order 13045 inconsistent with applicable law. power and responsibilities among the Moreover, section 205 allows EPA to various levels of government.’’ as applying only to those regulatory adopt an alternative other than the least This proposed rule does not have actions that are based on health or safety costly, most cost-effective, or least federalism implications. It would not risks, such that the analysis required burdensome alternative if the have substantial direct effects on the under section 5–501 of the Order has Administrator publishes with the rule States, on the relationship between the the potential to influence the regulation. an explanation why that alternative was national government and the States, or This proposed rule is not subject to not adopted. on the distribution of power and Executive Order 13045 because it does Before EPA establishes any regulatory responsibilities among the various not establish an environmental standard requirements that may significantly or levels of government, as specified in intended to mitigate health or safety uniquely affect small governments, Executive Order 13132. Under CWA risks.

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H. Executive Order 13211—Actions requirements, Secondary containment, heating oil used solely at a single-family That Significantly Affect Energy Supply, Security, Tanks, Unloading racks, Water residence; and the capacity of pesticide Distribution, or Use pollution control, Water resources. application equipment and related mix This proposed rule is not a Dated: October 1, 2007. containers used at farms. ‘‘significant energy action’’ as defined in Stephen L. Johnson, * * * * * Executive Order 13211, ‘‘Actions Administrator. (4) Any completely buried storage Concerning Regulations that tank, as defined in § 112.2, and For the reasons stated in the connected underground piping, Significantly Affect Energy Supply, preamble, title 40, chapter I, part 112 of Distribution, or Use’’ (66 FR 28355, May underground ancillary equipment, and the Code of Federal Regulations is containment systems, at any facility, 22, 2001) because it is not likely to have proposed to be amended as follows: a significant adverse effect on the that is subject to all of the technical supply, distribution, or use of energy. PART 112—OIL POLLUTION requirements of part 280 of this chapter The overall effect of the proposed rule PREVENTION or a State program approved under part is to decrease the regulatory burden on 281 of this chapter or which, in the case facility owners or operators subject to its 1. The authority citation for part 112 of a nuclear power generation facility, provisions. continues to read as follows: meets the Nuclear Regulatory Commission design criteria at 10 CFR I. National Technology Transfer and Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C. 2720; and E.O. 12777 (October 18, 1991), 3 part 50, Appendices A and B, except Advancement Act CFR, 1991 Comp., p. 351. that such a tank must be marked on the Section 12(d) of the National facility diagram as provided in Technology Transfer and Advancement Subpart A—[Amended] § 112.7(a)(3), if the facility is otherwise subject to this part. Act of 1995 (‘‘NTTAA’’), Public Law 2. Amend § 112.1 as follows: 104–113, section 12(d) (15 U.S.C. 272 a. By revising paragraphs (d)(2)(i) and * * * * * note) directs EPA to use voluntary (d)(2)(ii). (8) Hot-mix asphalt, or any hot-mix consensus standards in its regulatory b. By revising paragraph (d)(4). asphalt container. activities unless to do so would be c. By adding paragraphs (d)(8) (9) Any container for heating oil used inconsistent with applicable law or through (d)(10). solely at a single-family residence. otherwise impractical. Voluntary (10) Any pesticide application consensus standards are technical § 112.1 General applicability. equipment or related mix containers standards such as materials * * * * * used at farms. specifications, test methods, sampling (d) * * * * * * * * procedures, and business practices that (2) * * * 3. Amend § 112.2 by revising the are developed or adopted by voluntary (i) The completely buried storage definitions for ‘‘Facility’’, ‘‘Production consensus standards bodies. The capacity of the facility is 42,000 gallons facility’’, and adding a definition for NTTAA directs EPA to provide or less of oil. For purposes of this ‘‘Loading/unloading rack’’ in Congress, through OMB, explanations exemption, the completely buried alphabetical order to read as follows: when the Agency decides not to use storage capacity of a facility excludes available and applicable voluntary the capacity of a completely buried § 112.2 Definitions. consensus standards. tank, as defined in § 112.2, and * * * * * The owner or operator of a facility connected underground piping, Facility means any mobile or fixed, subject to the SPCC rule has the underground ancillary equipment, and onshore or offshore building, property, flexibility to consider applicable containment systems, that is currently parcel, lease, structure, installation, industry standards in the development subject to all of the technical equipment, pipe, or pipeline (other than of an SPCC Plan, in accordance with requirements of part 280 of this chapter a vessel or a public vessel) used in oil good engineering practice. However, or all of the technical requirements of a well drilling operations, oil production, this proposed rulemaking does not State program approved under part 281 oil refining, oil storage, oil gathering, oil involve technical standards, as it does of this chapter, or which, in the case of processing, oil transfer, oil distribution, not set or incorporate by reference any a nuclear power generation facility, and oil waste treatment, or in which oil one specific technical standard. meets the Nuclear Regulatory is used, as described in Appendix A to Therefore, the NTTAA does not apply. Commission design criteria at 10 CFR this part. The boundaries of a facility EPA welcomes comments on this aspect part 50, Appendices A and B. The depend on several site-specific factors, of the proposed rulemaking and, completely buried storage capacity of a including but not limited to, the specifically, invites the public to facility also excludes the capacity of a ownership or operation of buildings, identify potentially applicable voluntary container that is ‘‘permanently closed,’’ structures, and equipment on the same consensus standards and to explain why as defined in § 112.2. site and types of activity at the site. such standards should be used in this (ii) The aggregate aboveground storage Contiguous or non-contiguous regulation. capacity of the facility is 1,320 gallons buildings, properties, parcels, leases, or less of oil. For the purposes of this structures, installations, pipes, or List of Subjects in 40 CFR Part 112 exemption, only containers with a pipelines under the ownership or Environmental protection, Animal capacity of 55 gallons or greater are operation of the same person may be fats and vegetable oils, Hot-mix Asphalt, counted. The aggregate aboveground considered separate facilities. Only this Farms, Flammable and combustible storage capacity of a facility excludes: definition governs whether a facility is materials, Integrity testing, Loading the capacity of a container that is subject to this part. racks, Materials handling and storage, ‘‘permanently closed’’ and the capacity * * * * * Natural gas, Oil pollution, Oil and gas of a ‘‘motive power container’’ as Loading/unloading rack means a exploration and production, Oil spill defined in § 112.2; the capacity of hot- structure necessary for loading or response, Penalties, Petroleum, mix asphalt or any hot-mix asphalt unloading a tank truck or tank car, Reporting and recordkeeping container; the capacity of a container for which is located at a facility subject to

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the requirements of this part. A loading/ meets the following Tier I or Tier II established in accordance with industry unloading rack includes a platform, qualified facility criteria: inspection and testing standards or gangway, or loading/unloading arm; and (1) A Tier I qualified facility meets all recommended practices; any combination of the following: of the qualification criteria in paragraph (v) You will fully implement the Plan; piping assemblages, valves, pumps, (g)(2) of this section and has no (vi) The facility meets the shut-off devices, overfill sensors, or individual oil storage container with a qualification criteria in § 112.3(g)(1); personnel safety devices. capacity greater than 5,000 U.S. gallons. (vii) The Plan does not deviate from any requirement of this part as allowed * * * * * (2) A Tier II qualified facility is one by 112.7(a)(2) and 112.7(d); and Production facility means all that: (viii) The Plan and individual(s) structures (including but not limited to (i) Has an aggregate aboveground oil responsible for implementing this Plan wells, platforms, or storage facilities), storage capacity of 10,000 U.S. gallons or less; and have the approval of management, and piping (including but not limited to the facility owner or operator has flowlines or gathering lines), or (ii) Has had no single discharge as described in § 112.1(b) exceeding 1,000 committed the necessary resources to equipment (including but not limited to fully implement this Plan. workover equipment, separation U.S. gallons or no two discharges as described in § 112.1(b) each exceeding (2) Technical Amendments. You must equipment, or auxiliary non- certify any technical amendments to transportation-related equipment) used 42 U.S. gallons within any twelve month period in the three years prior to your Plan in accordance with paragraph in the production, extraction, recovery, (a)(1) of this section when there is a lifting, stabilization, separation or the SPCC Plan self-certification date, or since becoming subject to this part if the change in the facility design, treating of oil, or associated storage or construction, operation, or maintenance measurement, and may be located in a facility has been in operation for less than three years (other than discharges that affects its potential for a discharge single geographical oil or gas field as described in § 112.1(b). If the facility operated by a single operator. This as described in § 112.1(b) that are the result of natural disasters, acts of war, change results in the facility no longer definition governs whether a facility is meeting the Tier I qualifying criteria in subject to a specific section of this part. or terrorism). 5. Revise § 112.6 to read as follows: § 112.3(g)(1) because an individual oil * * * * * storage container capacity exceeds 5,000 4. Amend § 112.3 as follows: § 112.6 Qualified Facilities Plan U.S. gallons or the facility capacity a. By revising the introductory text. Requirements. exceeds 10,000 gallons in aggregate b. By revising paragraph (b)(1). Qualified facilities meeting the Tier I aboveground storage capacity, within c. By adding paragraph (b)(3). applicability criteria in § 112.3(g)(1) are six months following preparation of the d. Revising paragraph (g). subject to either all of the requirements amendment, you must either: § 112.3 Requirement to prepare and in paragraph (a) of this section or all of (i) Prepare and implement a Plan in implement a Spill Prevention, Control, and the requirements in paragraph (b) of this accordance with § 112.6(b) if you meet Countermeasure Plan. section. Facilities meeting the Tier II the Tier II qualified facility criteria in The owner of operator of an onshore applicability criteria in § 112.3(g)(2) are § 112.3(g)(2), or or offshore facility subject to this section subject to the requirements in paragraph (ii) Prepare and implement a Plan in must prepare in writing and implement (b) of this section. accordance with the general Plan a Spill Prevention Control and (a) Tier I Qualified Facilities—(1) requirements in § 112.7, and applicable Countermeasure Plan (hereafter ‘‘SPCC Preparation and Self-Certification of the requirements in subparts B and C of this Plan’’ or ‘‘Plan),’’ in accordance with Plan. If you are an owner or operator of part, including having the Plan certified § 112.7 and any other applicable section a facility that meets the Tier I qualified by a Professional Engineer as required of this part. facility criteria in § 112.3(g)(1), you may under § 112.3(d). choose to prepare an SPCC Plan that (3) Plan Template and Applicable * * * * * meets the requirements of paragraph Requirements. The following (b)(1) If you are the owner or operator (a)(3) of this section to serve as the Plan requirements under § 112.7 and in of an onshore or offshore facility for your facility, instead of preparing a subparts B and C of this part apply to (excluding oil production facilities) that Plan meeting requirements of paragraph qualified Tier I facilities choosing the becomes operational after July 1, 2009, (b) of this section or the general Plan self-certification Tier I option: and could reasonably be expected to requirements in § 112.7 and applicable §§ 112.7(a)(3)(i), 112.7(a)(3)(iv), have a discharge as described in requirements in subparts B and C of this 112.7(a)(3)(vi), 112.7(a)(4), 112.7(a)(5), § 112.1(b), you must prepare and part, including having the Plan certified 112.7(c), 112.7(e), 112.7(f), 112.7(g), implement a Plan before you begin by a Professional Engineer as required 112.7(k), 112.8(b)(1), 112.8(b)(2), operations. under § 112.3(d). The template in 112.8(c)(1), 112.8(c)(3), 112.8(c)(4), * * * * * Appendix G to this part has been 112.8(c)(5), 112.8(c)(6), 112.8(c)(10), (3) If you are the owner or operator of developed to meet the requirements of 112.8(d)(4), 112.9(b), 112.9(c), an oil production facility that becomes 40 CFR part 112 and must be used as the 112.9(d)(1), 112.9(d)(3), 112.9(d)(4), operational after July 1, 2009, and could SPCC Plan. To complete the template in 112.10(b), 112.10(c), 112.10(d), reasonably be expected to have a Appendix G, you must certify that: 112.12(b)(1), 112.12(b)(2), 112.12(c)(1), discharge as described in § 112.1(b), you (i) You are familiar with the 112.12(c)(3), 112.12 (c)(4), 112.12(c)(5), must prepare and implement a Plan applicable requirements of 40 CFR part 112.12(c)(6), 112.12(c)(10), and within six months after you begin 112; 112.12(d)(4). Additionally, you must operations. (ii) You have visited and examined meet the following requirements: * * * * * the facility; (i) Failure analysis, in lieu of the (g) Qualified Facilities. The owner or (iii) You prepared the Plan in requirements in § 112.7(b). Where operator of a qualified facility as defined accordance with accepted and sound experience indicates a reasonable in this subparagraph may self certify his industry practices and standards; potential for equipment failure (such as or her facility’s Plan, as provided in (iv) Procedures for required loading or unloading equipment, tank § 112.6. A qualified facility is one that inspections and testing have been overflow, rupture, or leakage, or any

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other equipment known to be a source committed the necessary resources to (i) For each alternative measure of discharge), include in your Plan a fully implement the Plan. allowed under § 112.7(a)(2), the Plan prediction of the direction and total (2) Technical Amendments. If you must be accompanied by a written quantity of oil which could be self-certify your Plan pursuant to (b)(1) statement by a Professional Engineer discharged from the facility as a result of this section, you must certify any that states the reason for of each type of major equipment failure. technical amendments to your Plan in nonconformance and describes the (ii) Bulk storage container secondary accordance with paragraph (b)(1) of this alternative method and how it provides containment, in lieu of the requirements section when there is a change in the equivalent environmental protection in in §§ 112.8(c)(2) and (c)(11) and facility design, construction, operation, accordance with § 112.7(a)(2). For each 112.12(c)(2) and (c)(11). Construct all or maintenance that affects its potential determination of impracticability of bulk storage container installations, for a discharge as described in secondary containment pursuant to including mobile or portable oil storage § 112.1(b), except: § 112.7(d), the Plan must clearly explain containers, so that you provide a (i) If a Professional Engineer certified why secondary containment measures secondary means of containment for the a portion of your Plan in accordance are not practicable at this facility and entire capacity of the largest single with paragraph (b)(4) of this section, provide the alternative measures container plus additional capacity to and the technical amendment affects required in § 112.7(d) in lieu of contain precipitation. Dikes, this portion of the Plan, you must have secondary containment. containment curbs, and pits are the amended provisions of your Plan (ii) By certifying each measure commonly employed for this purpose. certified by a Professional Engineer in allowed under § 112.7(a)(2) and (d), the You may also use an alternative system accordance with paragraph (b)(4)(ii) of Professional Engineer attests: consisting of a drainage trench this section. (A) That he is familiar with the enclosure that must be arranged so that (ii) If the change is such that the requirements of this part; facility no longer meets the Tier II any discharge will terminate and be (B) That he or his agent has visited qualifying criteria in § 112.3(g)(2) safely confined in a catchment basin or and examined the facility; and because it exceeds 10,000 gallons in holding pond. Position or locate mobile (C) That the alternative method of aggregate aboveground storage capacity or portable oil storage containers to environmental equivalence in you must, within six months following prevent a discharge as described in accordance with § 112.7(a)(2) or the the change, prepare and implement a § 112.1(b). determination of impracticability and Plan in accordance with the general (iii) Overfill prevention, in lieu of the alternative measures in accordance with Plan requirements in § 112.7 and the requirements in §§ 112.8(c)(8) and § 112.7(d) is consistent with good applicable requirements in subparts B 112.12(c)(8). Ensure that each container engineering practice, including and C of this part, including having the is provided with a system or consideration of applicable industry Plan certified by a Professional Engineer documented procedure to prevent standards, and with the requirements of as required under § 112.3(d). this part. overfills of the container, describe the (3) Applicable Requirements. Except system or procedure in the SPCC Plan (iii) The review and certification by as provided in this subparagraph, your the Professional Engineer under this and regularly test to ensure proper self-certified SPCC Plan must comply operation or efficacy. paragraph is limited to the alternative with § 112.7 and the applicable method which achieves equivalent (b) Tier II Qualified Facilities—(1) requirements in subparts B and C of this Preparation and Self-Certification of environmental protection pursuant to part: § 112.7(a)(2) or to the impracticability Plan. If you are the owner or operator (i) Environmental Equivalence. Your of a facility that meets the Tier II determination and measures in lieu of Plan may not include alternate methods secondary containment pursuant to qualified facility criteria in § 112.3(g)(2), which provide environmental you may choose to self-certify your § 112.7(d). equivalence pursuant to § 112.7(a)(2), 6. Amend § 112.7 as follows: Plan. You must certify in the Plan that: unless each alternate method has been (i) You are familiar with the a. By revising paragraphs (a)(3) reviewed and certified in writing by a introductory text and (a)(3)(i). requirements of this part; Professional Engineer, as provided in (ii) You have visited and examined b. By revising paragraphs (c) paragraph (b)(4) of this section. introductory text and (c)(1). the facility; (ii) Impracticability. Your Plan may (iii) The Plan has been prepared in c. Revising paragraph (g). not include any determinations that d. Revising paragraphs (h) accordance with accepted and sound secondary containment is impracticable introductory text, (h)(1) and (h)(2). industry practices and standards, and and provisions in lieu of secondary with the requirements of this part; containment pursuant to § 112.7(d), § 112.7 General requirements for Spill (iv) Procedures for required unless each such determination and Prevention, Control, and Countermeasure inspections and testing have been alternate measure has been reviewed Plans. established; and certified in writing by a * * * * * (v) You will fully implement the Plan; Professional Engineer, as provided in (a) * * * (vi) The facility meets the paragraph (b)(4) of this section. (3) Describe in your Plan the physical qualification criteria set forth under (4) Professional Engineer Certification layout of the facility and include a § 112.3(g)(2); of Portions of a Qualified Facility’s Self- facility diagram, which must mark the (vii) The Plan does not deviate from certified Plan. As described in location and contents of each fixed oil any requirement of this part as allowed paragraph (b)(3) of this section, the storage container and the storage area by § 112.7(a)(2) and 112.7(d), except as facility owner or operator may not self- where mobile or portable containers are provided in paragraph (b)(3) of this certify alternative measures allowed located. The facility diagram must section; and under § 112.7(a)(2) or (d), that are include completely buried tanks that are (viii) The Plan and individual(s) included in the facility’s Plan. Such otherwise exempted from the responsible for implementing the Plan measures must be reviewed and requirements of this part under have the full approval of management certified, in writing, by a licensed § 112.1(d)(4). The facility diagram must and the facility owner or operator has Professional Engineer as follows: also include all transfer stations and

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connecting pipes. You must also discharges, use a quick drainage system § 112.9 Spill Prevention, Control, and address in your Plan: for tank car or tank truck loading/ Countermeasure Plan Requirements for (i) The type of oil in each fixed unloading racks. You must design any onshore oil production facilities (excluding container and its storage capacity. For containment system to hold at least the drilling and workover facilities). mobile or portable containers, either maximum capacity of any single If you are the owner or operator of an provide the type of oil and storage compartment of a tank car or tank truck onshore oil production facility capacity for each container or provide loaded or unloaded at the facility. (excluding a drilling or workover facility), you must: an estimate of the potential number of (2) Provide an interlocked warning mobile or portable containers, the types light or physical barrier system, warning * * * * * of oil, and anticipated storage signs, wheel chocks or vehicle brake (c) * * * (2) Construct all tank battery, capacities; interlock system in the area adjacent to separation, and treating facility * * * * * a loading/unloading rack, to prevent installations, except for flow-through (c) Provide appropriate containment vehicles from departing before complete process vessels, so that you provide a and/or diversionary structures or disconnection of flexible or fixed oil secondary means of containment for the equipment to prevent a discharge as transfer lines. entire capacity of the largest single described in § 112.1(b), except for * * * * * container and sufficient freeboard to flowlines and intra-facility gathering contain precipitation. lines at an oil production facility, and Subpart B—[Amended] You must safely confine drainage except as provided in paragraph (k) of from undiked areas in a catchment basin this section for qualified oil-filled 7. Amend § 112.8 by revising paragraph (c)(6) to read as follows: or holding pond. operational equipment. The entire (3) Except for flow-through process containment system, including walls § 112.8 Spill Prevention, Control, and vessels, periodically and upon a regular and floor, must be capable of containing Countermeasure Plan requirements for schedule visually inspect each container oil and must be constructed so that any onshore facilities (excluding oil production of oil for deterioration and maintenance discharge from a primary containment facilities). needs, including the foundation and system, such as a tank, will not escape * * * * * support of each container that is on or the containment system before cleanup (c) * * * above the surface of the ground. occurs. In determining the method, * * * * * design, and capacity for secondary (6) Test or inspect each aboveground container for integrity on a regular (5) Flow-through process vessels. (i) In containment, you need only to address lieu of the requirements in paragraph the typical failure mode, and the most schedule and whenever you make material repairs. You must determine, in (c)(3) of this section, periodically and on likely quantity of oil that would be a regular schedule visually inspect and/ discharged. Secondary containment may accordance with industry standards, the appropriate qualifications for personnel or test flow-through process vessels and be either active or passive in design. At associated components (e.g., dump a minimum, you must use one of the performing tests and inspections, the frequency and type of testing and valves) for leaks, corrosion, or other following prevention systems or its conditions that could lead to a discharge equivalent: inspections, which take into account container size, configuration, and design as described in § 112.1(b). (1) For onshore facilities: (ii) Take corrective action or make (i) Dikes, berms, or retaining walls (e.g., containers that are: shop-built, field-erected, skid-mounted, elevated, repairs to flow-through process vessels sufficiently impervious to contain oil; and any associated components as (ii) Curbing or drip pans; equipped with a liner, double-walled, or partially buried). Examples of these indicated by regularly scheduled visual (iii) Sumps and collection systems; inspections, tests, or evidence of an oil (iv) Culverting, gutters, or other integrity tests include, but are not limited to: visual inspection, hydrostatic discharge. drainage systems; (iii) Promptly remove any (v) Weirs, booms, or other barriers; testing, radiographic testing, ultrasonic testing, acoustic emissions testing, or accumulations of oil discharges (vi) Spill diversion ponds; associated with flow-through process (vii) Retention ponds; or other systems of non-destructive testing. You must keep comparison records and vessels. (viii) Sorbent materials. (iv) If your facility discharges more you must also inspect the container’s * * * * * than 1,000 U.S. gallons of oil in a single supports and foundations. In addition, (g) Security (excluding oil production discharge as described in § 112.1(b), or you must frequently inspect the outside facilities). Describe in your Plan how discharges more than 42 U.S. gallons of of the container for signs of you secure and control access to the oil oil in each of two discharges as deterioration, discharges, or handling, processing and storage areas; described in § 112.1(b) within any accumulation of oil inside diked areas. secure master flow and drain valves; twelve month period, from flow-through Records of inspections and tests kept prevent unauthorized access to starter process vessels (excluding discharges under usual and customary business controls on oil pumps; secure out-of- that are the result of natural disasters, practices satisfy the recordkeeping service and loading/unloading acts of war, or terrorism) then you must, requirements of this paragraph (c)(6). connections of oil pipelines; address the within six months from the time the appropriateness of security lighting to * * * * * facility becomes subject to this both prevent acts of vandalism and 8. Amend § 112.9 as follows: paragraph, provide flow-through assist in the discovery of oil discharges. a. By revising the section heading. process vessels with a secondary means (h) Facility tank car and tank truck b. By revising the introductory text. of containment for the entire capacity of loading/unloading rack (excluding c. By revising paragraphs (c)(2) and the largest single container and offshore facilities, farms, and oil (c)(3). sufficient freeboard to contain production facilities). (1) Where precipitation. loading/unloading rack drainage does d. By adding paragraph (c)(5). (d) * * * not flow into a catchment basin or e. By revising paragraph (d)(3). (3) For flowlines and intra-facility treatment facility designed to handle f. By adding paragraph (d)(4). gathering lines, unless you have

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submitted a response plan under appurtenances as indicated by regularly these integrity tests include, but are not § 112.20, provide in your Plan the scheduled visual inspections, tests, or limited to: visual inspection, hydrostatic following: evidence of a discharge. testing, radiographic testing, ultrasonic (i) An oil spill contingency plan (iv) Promptly remove any testing, acoustic emissions testing, or following the provisions of part 109 of accumulations of oil discharges other systems of non-destructive testing. this chapter. associated with flowlines, intra-facility You must keep comparison records and (ii) A written commitment of gathering lines, and associated you must also inspect the container’s manpower, equipment, and materials appurtenances. supports and foundations. In addition, required to expeditiously control and you must frequently inspect the outside remove any quantity of oil discharged Subpart C—[Amended] of the container for signs of that might be harmful. deterioration, discharges, or 9. Amend § 112.12 by revising the (4) Prepare and implement a written accumulation of oil inside diked areas. introductory text and paragraph (c)(6) to program of flowline/intra-facility Records of inspections and tests kept read as follows: gathering line maintenance. The under usual and customary business maintenance program must address § 112.12 Spill Prevention, Control, and practices satisfy the recordkeeping your procedures to: Countermeasure Plan Requirements. requirements of this paragraph. (i) Ensure that flowlines and intra- (ii) For bulk storage containers that facility gathering lines and associated If you are the owner or operator of an are subject to 21 CFR part 110, are valves and equipment must be onshore facility, you must: elevated, constructed of austenitic compatible with the type of production * * * * * stainless steel, have no external fluids, their potential corrosivity, (c) * * * insulation, and are shop-fabricated, volume, and pressure, and other (6) Bulk storage container inspections. conduct formal visual inspection on a conditions expected in the operational (i) Except for containers that meet the regular schedule. In addition, you must environment. criteria provided in paragraph (c)(6)(ii) (ii) Visually inspect and/or test of this section, test or inspect each frequently inspect the outside of the flowlines and intra-facility gathering aboveground container for integrity on a container for signs of deterioration, lines and associated appurtenances on a regular schedule and whenever you discharges, or accumulation of oil inside periodic and regular schedule for leaks, make material repairs. You must diked areas. You must determine and oil discharges, corrosion, or other determine, in accordance with industry document in the Plan the appropriate conditions that could lead to a discharge standards, the appropriate qualifications qualifications for personnel performing as described in § 112.1(b). The for personnel performing tests and tests and inspections. Records of frequency and type of testing must inspections, the frequency and type of inspections and tests kept under usual allow for the implementation of a testing and inspections, which take into and customary business practices satisfy contingency plan as described under account container size, configuration, the recordkeeping requirements of this part 109 of this chapter. and design (e.g., containers that are: paragraph (c)(6). (iii) Take corrective action or make shop-built, field-erected, skid-mounted, * * * * * repairs to any flowlines and intra- elevated, equipped with a liner, double- 10. Add Appendix G to part 112 to facility gathering lines and associated walled, or partially buried). Examples of read as follows:

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[FR Doc. E7–19701 Filed 10–12–07; 8:45 am] BILLING CODE 6560–50–C

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Part III

Department of Housing and Urban Development 24 CFR Part 5 Pet Ownership for the Elderly and Persons With Disabilities; Proposed Rule

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DEPARTMENT OF HOUSING AND persons may contact this number by and (3) the animal actually assists the URBAN DEVELOPMENT calling the toll-free Federal Information person with a disability. Relay Service at (800) 877–8339. In contrast, § 960.705 states that PHAs 24 CFR Part 5 SUPPLEMENTARY INFORMATION: may not apply or enforce pet policies established under 24 CFR part 960 [Docket No. FR–5127–P–01] I. Background against animals that are necessary as a RIN 2501–AD31 Certain animals provide assistance or reasonable accommodation to assist, perform tasks for the benefit of a person support, or provide service to persons Pet Ownership for the Elderly and with a disability. These animals, often with disabilities. This exclusion applies Persons With Disabilities referred to as ‘‘assistance animals,’’ to such animals that reside in public AGENCY: Office of the Secretary, HUD. ‘‘service animals,’’ ‘‘support animals,’’ housing, other than housing ACTION: Proposed rule. or ‘‘therapy animals,’’ provide developments for the elderly or persons disability-related functions including, with disabilities, and to such animals SUMMARY: This proposed rule would but not limited to, guiding visually that visit these developments. The revise HUD’s regulations that apply to impaired individuals, alerting hearing- provisions in part 960 do not contain pet ownership in HUD-assisted housing impaired persons to sounds and noises, the tenant certification or the animal for the elderly and persons with providing protection or rescue training requirements found in § 5.303. disabilities by conforming the assistance, pulling a wheelchair, seeking PHAs however, are authorized to verify exceptions for animals that assist and retrieving items, alerting that the animal qualifies as a reasonable persons with disabilities to those that individuals to impending seizures, and accommodation under Section 504 of apply to HUD’s public housing providing emotional support to persons the Rehabilitation Act of 1973 and the programs, as defined in section 3(b) of who have a disability-related need for Fair Housing Act (the Acts). An animal the United States Housing Act. such support. qualifies as a reasonable DATES: Comment Due Date: December The pet ownership policies and accommodation if: (1) An individual has 14, 2007. general requirements for pet ownership a disability, as defined in the Acts, (2) applicable to public housing and ADDRESSES: Interested persons are the animal is needed to assist with the multifamily housing projects for the invited to submit comments regarding disability, and (3) the individual who elderly or persons with disabilities are this rule to the Regulations Division, requests the reasonable accommodation described in HUD’s regulations at 24 Office of General Counsel, Department demonstrates that there is a relationship CFR part 5, subpart C. Pet ownership by of Housing and Urban Development, between the disability and the residents in public housing, except 451 Seventh Street, SW., Room 10276, assistance that the animal provides. housing projects for the elderly or Washington, DC 20410–0500. Interested persons with disabilities and not II. This Proposed Rule persons also may submit comments including housing assisted under electronically through the federal This proposed rule would revise section 8 of the United States Housing eRulemaking portal at HUD’s regulations that apply to Act of 1937 (42 U.S.C. 1437f et seq.), is www.regulations.gov. HUD strongly assistance animals in HUD-assisted addressed in HUD’s regulations at 24 housing, including public housing encourages commenters to submit CFR part 960, subpart G. Under these serving elderly and disabled families, by comments electronically so that HUD, in regulations, in addition to HUD’s pet making the assistance animal exceptions turn, can make them immediately ownership policies, public housing in those regulations similar to the available to the public. Commenters agencies (PHAs) and owners may requirements and procedures that should follow the instructions provided develop and impose additional, currently apply to HUD’s other public on that site to submit comments reasonable requirements for pet electronically. Facsimile (FAX) ownership by tenants and residents. See housing programs. HUD is undertaking comments are not accepted. In all cases, 24 CFR part 5, subpart C and 24 CFR this effort to improve uniformity in its communications must refer to the part 960, subpart G for descriptions of regulations. docket number and title. All comments applicable policies and requirements. In order to conform the assistance and communications submitted to HUD Parts 5 and 960 contain minor animal provisions for housing serving will be available for public inspection differences in pet ownership exclusion elderly or disabled families in 24 CFR and copying between 8 a.m. and 5 p.m. policies and requirements for animals 5.303 to the public housing provisions, weekdays at the above address. Due to that assist persons with disabilities. In excluding section 8, in 24 CFR 960.705, security measures at the HUD 24 CFR 5.303, entitled, ‘‘Exclusion for HUD is proposing minor revisions to Headquarters building, an advance animals that assist persons with § 5.303. appointment to review the public disabilities,’’ project owners and PHAs First, HUD would revise § 5.303(a) to comments must be scheduled by calling may not apply or enforce any pet rules broaden the functions of assistance the Regulations Division at (202) 708– developed under part 5 against animals to state that the exclusion 3055 (this is not a toll-free number). individuals with animals that are used applies to animals that ‘‘assist, support, Copies of all comments submitted are to assist persons with disabilities. Part or provide service to persons with available for inspection and 5, however, states that owners or PHAs disabilities.’’ The current regulation is downloading at www.regulations.gov. may require that assistance animals limited to animals that ‘‘assist persons FOR FURTHER INFORMATION CONTACT: qualify for the exclusion and that with disabilities.’’ Bryan Greene, Deputy Assistant owners must grant this exclusion under Second, § 5.303(a) would be revised to Secretary for Enforcement and certain circumstances. These state that project owners and PHAs may Programs, Department of Housing and circumstances include: (1) The tenant or not apply or enforce any policies Urban Development, 451 Seventh Street, prospective tenant certifies in writing established under this subpart against SW., Room 5204, Washington, DC that the tenant or a member of his or her animals that are necessary as a 20410–2000; telephone number (202) family is a person with a disability; (2) reasonable accommodation to assist, 619–8046 (this is not a toll-free the animal has been trained to assist support, or provide service to persons number). Hearing- or speech-impaired persons with that specific disability; with disabilities. This language is

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adopted from the similar provision in have a significant economic impact on recordkeeping requirements, Social § 960.705, for uniformity. a substantial number of small entities, Security, Unemployment compensation, Finally, in order to conform to the HUD specifically invites comments Wages. provisions in § 960.705, HUD proposes regarding less burdensome alternatives Accordingly, for the reasons stated in to remove the tenant certification and to this rule that will meet HUD’s the preamble, HUD proposes to amend animal training requirements in objectives, as described in this 24 CFR part 5 to read as follows: § 5.303(a)(1)(i)–(iii). Removing the preamble. training and certification requirements PART 5—GENERAL HUD PROGRAM Unfunded Mandates Reform Act will ensure uniformity in HUD’s REQUIREMENTS; WAIVERS regulations. Title II of the Unfunded Mandates 1. The authority citation for part 5 III. Findings and Certifications Reform Act of 1995 (UMRA) (2 U.S.C. 1531–1538) establishes requirements for continues to read as follows: Environmental Impact federal agencies to assess the effects of Authority: 42 U.S.C. 1437a, 1437c, 1437d, This proposed rule involves a policy their regulatory actions on state, local, 1437f, 1437n, 3535(d), and Sec. 327, Pub. L. 109–115, 119 Stat. 2936. document that sets out and tribal governments and the private nondiscrimination standards. sector. This rule does not impose any 2. Revise § 5.303 to read as follows: Accordingly, under 24 CFR 50.19(c)(3), federal mandate on state, local, or tribal this proposed rule is categorically government or the private sector within § 5.303 Exclusion for animals that assist excluded from environmental review the meaning of UMRA. persons with disabilities. under the National Environmental Federalism (a) This subpart C does not apply to Policy Act (42 U.S.C. 4321 et seq.). animals that are used to assist, support, Executive Order 13132 (entitled or provide service to persons with Regulatory Flexibility Act ‘‘Federalism’’) prohibits an agency from disabilities. Project owners and PHAs The Regulatory Flexibility Act (5 publishing any rule that has federalism may not apply or enforce any policies U.S.C. 601 et seq.) generally requires an implications, if the rule either imposes established under this subpart against agency to conduct a regulatory substantial direct compliance costs on animals that are necessary as a flexibility analysis of any rule subject to state and local governments and is not reasonable accommodation to assist, notice and comment rulemaking required by statute, or the rule preempts support, or provide service to persons requirements, unless the agency certifies state law, unless the agency meets the with disabilities. This exclusion applies that the rule will not have a significant consultation and funding requirements to animals that reside in projects for the economic impact on a substantial of section 6 of the Executive Order. This elderly or persons with disabilities, as number of small entities. The proposed rule does not have federalism well as to animals that visit these rule would conform the assistance implications and does not impose projects. animal requirements in certain housing substantial direct compliance costs on (b) Nothing in this subpart C: for the elderly or persons with state and local governments nor (1) Limits or impairs the rights of disabilities with the provisions for preempt state law within the meaning of persons with disabilities; assistance animals in other HUD- the Executive Order. (2) Authorizes project owners or assisted housing programs. Specifically, List of Subjects in 24 CFR Part 5 PHAs to limit or impair the rights of this change would remove the training persons with disabilities; or and certification requirements. Such a Administrative practice and (3) Affects any authority that project change is likely to decrease the procedure, Aged, Claims, Crime, owners or PHAs may have to regulate administrative burden on project Government contracts, Grant animals that assist persons with owners to process assistance animal programs—housing and community disabilities, under federal, state, or local certifications. Accordingly, the development, Individuals with law. undersigned certifies that this rule will disabilities, Intergovernmental relations, Dated: September 18, 2007. not have a significant economic impact Loan programs—housing and on a substantial number of small community development, Low and Roy A. Bernardi, entities. moderate income housing, Mortgage Deputy Secretary. Notwithstanding HUD’s insurance, Penalties, Pets, Public [FR Doc. E7–20196 Filed 10–12–07; 8:45 am] determination that this rule will not housing, Rent subsidies, Reporting and BILLING CODE 4210–67–P

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Part IV

Department of the Interior Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2007–08 Early and Late Seasons; Final Rule

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DEPARTMENT OF THE INTERIOR reserved hunting rights, and for some Status of Populations tribes, recognition of their authority to In the August 31 proposed rule, we Fish and Wildlife Service regulate hunting by both tribal members reviewed the status for various and nonmembers on their reservations. populations for which seasons were 50 CFR Part 20 The guidelines include possibilities for: proposed. This information included RIN 1018–AV12 (1) On-reservation hunting by both brief summaries of the May Breeding tribal members and nonmembers, with Waterfowl and Habitat Survey, Migratory Bird Hunting; Migratory Bird hunting by nontribal members on some population status reports for sandhill Hunting Regulations on Certain reservations to take place within Federal cranes, woodcock, mourning doves, Federal Indian Reservations and frameworks but on dates different from white-winged doves, white-tipped Ceded Lands for the 2007–08 Early and those selected by the surrounding doves, and band-tailed pigeons, and the Late Seasons State(s); status and harvest of waterfowl. The (2) On-reservation hunting by tribal AGENCY: Fish and Wildlife Service, tribal seasons established below are Interior. members only, outside of usual Federal commensurate with the population frameworks for season dates and length, ACTION: status. Final rule. and for daily bag and possession limits; and Comments and Issues Concerning SUMMARY: This rule prescribes special Tribal Proposals early and late season migratory bird (3) Off-reservation hunting by tribal hunting regulations for certain tribes on members on ceded lands, outside of For the 2007–08 migratory bird Federal Indian reservations, off- usual framework dates and season hunting season, we proposed reservation trust lands, and ceded lands. length, with some added flexibility in regulations for 28 tribes and/or Indian This responds to tribal requests for U.S. daily bag and possession limits. In all groups that followed the 1985 Fish and Wildlife Service (hereinafter cases, the regulations established under guidelines and were considered Service or we) recognition of their the guidelines must be consistent with appropriate for final rulemaking. Some authority to regulate hunting under the March 10–September 1 closed of the proposals submitted by the tribes established guidelines. This rule allows season mandated by the 1916 Migratory had both early- and late-season the establishment of season bag limits Bird Treaty with Canada. elements. The comment period for the and, thus, harvest at levels compatible In the April 11, 2007, Federal proposed rule, published on August 31, with populations and habitat Register (72 FR 18328), we requested 2007, closed on September 10, 2007. conditions. that tribes desiring special hunting Great Lakes Indian Fish and Wildlife DATES: This rule takes effect on October regulations in the 2007–08 hunting Commission’s (GLIFWC) Proposal 15, 2007. season submit a proposal including details on: We received one comment in ADDRESSES: You may inspect comments response to our April 11, 2007, notice of received on the proposed special (a) Harvest anticipated under the requested regulations; intent announcing regulations for hunting regulations and tribal proposals migratory bird hunting by Native (b) Methods that would be employed during normal business hours in room American GLIFWC’s Tribal members, to measure or monitor harvest (such as 4107, Arlington Square Building, 4501 and we received one comment in bag checks, mail questionnaires, etc.); N. Fairfax Drive, Arlington, Virginia. response to our August 31, 2007, FOR FURTHER INFORMATION CONTACT: Ron (c) Steps that would be taken to limit proposed rule. The Wisconsin W. Kokel, Division of Migratory Bird level of harvest, where it could be Department of Natural Resources Management, U.S. Fish and Wildlife shown that failure to limit such harvest (WDNR) had biological and law Service, 703/358–1967. would adversely impact the migratory enforcement concerns regarding the bird resource; and SUPPLEMENTARY INFORMATION: The GLIFWC’s proposal that requested: (1) Migratory Bird Treaty Act (MBTA) of (d) Tribal capabilities to establish and Increased bag limits for most species July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 enforce migratory bird hunting (from 20 to 40 birds per day); (2) et seq.), authorizes and directs the regulations. removal of species restrictions on bag Secretary of the Department of the No action is required if a tribe wishes limits for duck harvest and extension of Interior, having due regard for the zones to observe the hunting regulations hunting hours; and (3) increased duck of temperature and for the distribution, established by the State(s) in which an hunting season dates beginning abundance, economic value, breeding Indian reservation is located. We have September 1. WDNR commented that habits, and times and lines of flight of successfully used the guidelines since these proposed changes could increase migratory game birds, to determine the 1985–86 hunting season. We harvest, which would create a when, to what extent, and by what finalized the guidelines beginning with conservation concern to locally breeding means such birds or any part, nest, or the 1988–89 hunting season (August 18, duck populations. WDNR also believed egg thereof may be taken, hunted, 1988, Federal Register [53 FR 31612]). that the removal of species restrictions captured, killed, possessed, sold, The proposed rule included and extension of hunting hours would purchased, shipped, carried, exported, generalized regulations for both early- be inconsistent with the Service’s basic or transported. and late-season hunting, and this management philosophy on ducks. In the August 31, 2007, Federal rulemaking addresses both the early- WDNR’s law enforcement personnel Register (72 FR 50596), we proposed and late-season proposals. As a general also expressed concern over the special migratory bird hunting rule, early seasons begin during extended shooting hours and the regulations for the 2007–08 hunting September each year and have a primary potential for confusion and conflict with season for certain Indian tribes, under emphasis on such species as mourning different waterfowl shooting hours the guidelines described in the June 4, and white-winged doves. Late seasons among Tribal and non-Tribal hunters on 1985, Federal Register (50 FR 23467). begin about September 23 or later each the same lands and waters. The guidelines respond to tribal year and have a primary emphasis on GLIFWC’s comment responded to our requests for Service recognition of their waterfowl. August 31, 2007, proposed rule.

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GLIFWC requested removal of the in the 1837, 1842, and 1836 Treaty susceptible to potential impacts of early Service’s proposed bag limit restrictions Areas. Given the limited goose harvest September hunting. Birds are naı¨ve to on scaup and wood ducks. GLIFWC also and the Flyway-wide effort to increase the gun at this time prior to the opening noted that they were committed to the harvest of resident Canada geese, we of the general gun season and that could appropriate harvest monitoring. see no potential conservation impacts. increase the potential for large harvests Service Response: As we stated in the of resident breeding birds. Thus, we Removal of Species Restrictions August 31, 2007, proposed rule, while believe that expanding early September we acknowledge that tribal harvest and We have several concerns with duck hunting in the 1836, 1837 and participation has declined in recent GLIFWC’s proposal to remove all 1842 Treaty Areas would not be in the years, we do not believe that GLIFWC’s species restrictions within the overall best interest of the resource. However, proposal for tribal waterfowl seasons on duck daily bag limits in the 1837, 1842, we have less concern about allowing the ceded lands in Wisconsin, Michigan, and 1836 Treaty Areas. We have a extension on the end of the season for and Minnesota for the 2007–08 season number of duck species that are the month of December and support this is the best plan for increasing tribal showing long-term downward portion of GLIFWC’s proposal. In most participation. However, we do approve population trends (pintails and black instances, many waterfowl will have an increased bag limit for ducks in the ducks), and others for which an already migrated. 1836 Treaty Area; increased bag limits increased daily bag limit of 30 birds per for geese in the 1836, 1837, and 1842 day could potentially have conservation Expanded Shooting Hours Treaty Areas; lengthened season dates impacts (canvasbacks), particularly on Normally, shooting hours for for all species except mourning doves locally breeding ducks (mallards). migratory game birds are one-half hour and woodcock, from December 1– Overharvest of these species in localized before sunrise to sunset. A number of December 31; and extended hunting areas due to removal of species reasons and concerns have been cited hours until 15 minutes after sunset. In restrictions could contribute to long- for extending shooting hours past addition, we will implement a pilot bag term declines. Removal of species sunset. Potential impacts to some limit increase for ducks in the 1837 and restrictions on these species would be locally breeding populations (e.g., wood 1842 Treaty Areas. More specific inconsistent with our current ducks), hunter safety, difficulty of discussion follows below. conservation concerns. Thus, we identifying birds, retrieval of downed support the following species birds, and impacts on law enforcement Overall Daily Bag Limit for Waterfowl restrictions within the overall daily bag are some of the normal concerns raised Based on the increased bag limits, limit in all three of the Treaty Areas: 10 when discussing potential expansions of GLIFWC is estimating a relatively small mallards (only 5 of which may be hens), shooting hours. However, despite these additional duck harvest (1000 to 1500). 5 black ducks, 5 pintails, and 5 concerns, we support the expansion of However, it is possible that hunter canvasbacks. We believe these species shooting hours by 15 minutes after participation could increase beyond restrictions are commensurate with each sunset in the 1837, 1842, and 1836 their estimates and could result in a individual species’ population status. Treaty Areas. We have previously conservation impact, particularly on In the August 31 proposed rule, we supported this in other tribal areas and locally breeding populations, such as also proposed additional daily bag limit have not been made aware of any wide- wood ducks and mallards. Further, restrictions for scaup and wood ducks (a scale problems. Further, we believe the based on the GLIFWC’s own harvest daily bag limit of 5 for each). We continuation of a specific species data, present daily bag limits do not proposed these particular restrictions on restriction within the daily bag limit for appear to be a hindrance or limiting these species primarily because scaup mallards, and the implementation of a factor for Tribal harvest, and increasing have experienced a long-term species restriction within the daily bag the daily bag limit to 40 ducks would be population decline and wood ducks limit for wood ducks, will allay far in excess (more than double) of might be susceptible to local over- potential conservation concerns for anything we currently have experience harvest. However, GLIFWC notes that these species. We realize that, when with regarding tribal migratory bird neither of these species have had a implemented with all the other hunting regulations. Until we have within bag limit species restriction in proposed changes in GLIFWC’s tribal additional information on which we the past and that were committed to seasons, the extension of shooting hours could assess potential impacts, we do appropriate harvest monitoring (with could have conservation impacts. Thus, not favor increasing daily bag limits for the understanding that this monitoring we are supporting this proposal with the ducks to the extent GLIFWC has would be sufficient to identify any understanding that we will need to proposed. In an effort to obtain the localized population impacts). We agree closely monitor tribal harvest through necessary information, we will with GLIFWC and will work with them either GLIFWC’s own increased harvest implement a pilot expansion of the to closely monitor tribal harvest through surveys or GLIFWC’s assisting the daily bag limit to 30 birds per day in the either GLIFWC’s own increased harvest Service to survey tribal hunters. 1837 and 1842 Treaty Areas. We surveys or GLIFWC’s assisting the As we stated last year (71 FR 55076, support this with the understanding that Service to survey tribal hunters. September 20, 2006), we are willing to we will need to closely monitor tribal meet with the GLIFWC to explore harvest through either GLIFWC’s own Expanded Season Dates possible ways to increase tribal increased harvest surveys or GLIFWC’s Generally, we have tried to limit the participation in migratory bird hunting assisting the Service to survey tribal opening date of tribal duck seasons to opportunities. Further, we appreciate hunters. around September 15 for a number of the opportunity we had to meet with the We do support the increase of the reasons. Foremost among those reasons Tribes last winter to discuss the mutual daily bag limits for ducks in the 1836 is that opening the tribal season 2–3 concerns we have for the migratory bird Treaty Area to bring them more in line weeks ahead of a State’s normal season resource and future hunting with our allowed GLIFWC daily bag has the potential to impact locally opportunities. We note that GLIFWC’s limits for ducks in the 1837 and 1842 breeding ducks. In the 1836, 1837 and proposal this year clearly responds to Treaty Areas. Further, we also support 1842 Treaty Areas, we believe mallards some of the important concerns we increasing the daily bag limits for geese and wood ducks would be the most expressed at that time and we look

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forward to continuing our dialogue in March 9, 2006, Federal Register notice This year, due to limited data the future. (71 FR 12216). A scoping report availability, we partially updated the summarizing the scoping comments and 2004 analysis, but restricted our Yankton Sioux Tribe’s Proposal scoping meetings is available either at analysis to duck hunting. Results We received one comment in the address indicated under ADDRESSES indicate that the total consumer surplus response to our August 31, 2007, or on our Web site at http:// of the annual duck hunting frameworks proposed rule. The State of South www.fws.gov/migratorybirds. is on the order of $222 to $360 million, Dakota objects to the proposed special Endangered Species Act Consideration with a mid-point estimate of $291 hunting regulations for the Yankton million. We plan to perform a full Sioux Tribe. South Dakota believes that Section 7 of the Endangered Species update of the analysis in 2008. Copies the regulations are flawed because (1) Act, as amended (16 U.S.C. 1531–1543; of the updated analysis are available they incorrectly assume the existence of 87 Stat. 884), provides that, ‘‘The upon request from the address indicated reservation boundaries, and specifically Secretary shall review other programs under ADDRESSES or from our Web site assume the continued existence of the administered by him and utilize such at http://www.fws.gov/migratorybirds/ 1858 Reservation boundaries for a programs in furtherance of the purposes reports/SpecialTopics/ Yankton Sioux ‘‘Reservation’’ and (2) of this Act’’ (and) shall ‘‘insure that any EconomicAnalysis-2007Update.pdf. they incorrectly assume that merely action authorized, funded, or carried out placing land into trust makes it ‘‘Indian * * * is not likely to jeopardize the Regulatory Flexibility Act country.’’ continued existence of any endangered These regulations have a significant Service Response: The State’s reading species or threatened species or result in economic impact on substantial of our proposal is incorrect. Nothing in the destruction or adverse modification numbers of small entities under the the Federal Register language refers to of [critical] habitat * * *.’’ Regulatory Flexibility Act (5 U.S.C. 601 the 1858 boundaries. Our action does Consequently, we conducted formal et seq.). We analyzed the economic not recognize (nor could it) any consultations to ensure that actions impacts of the annual hunting particular boundary or the inclusion or resulting from these regulations would regulations on small business entities in exclusion of lands within the Yankton not likely jeopardize the continued detail as part of the 1981 cost-benefit Sioux reservation or as ‘‘Indian existence of endangered or threatened analysis discussed under Executive country.’’ This action only codifies the species or result in the destruction or Order 12866. This analysis was revised migratory bird hunting rules of the adverse modification of their critical annually from 1990–95. In 1995, the Yankton Sioux Tribe that will apply on habitat. Findings from these Service issued a Small Entity Flexibility whatever lands are under its consultations are included in a Analysis (Analysis), which was jurisdiction. biological opinion, which concluded subsequently updated in 1996, 1998, that the regulations are not likely to NEPA Consideration and 2004. The primary source of adversely affect any endangered or NEPA considerations are covered by threatened species. Additionally, these information about hunter expenditures the programmatic document ‘‘Final findings may have caused modification for migratory game bird hunting is the Supplemental Environmental Impact of some regulatory measures previously National Hunting and Fishing Survey, Statement: Issuance of Annual proposed, and the final regulations which is conducted at 5-year intervals. Regulations Permitting the Sport reflect any such modifications. Our The 2004 Analysis was based on the Hunting of Migratory Birds (FSES 88– biological opinions resulting from this 2001 National Hunting and Fishing 14),’’ filed with the Environmental section 7 consultation are public Survey and the U.S. Department of Protection Agency on June 9, 1988. We documents available for public Commerce’s County Business Patterns, published a notice of availability in the inspection at the address indicated from which it was estimated that Federal Register on June 16, 1988 (53 under ADDRESSES. migratory bird hunters would spend FR 22582). We published our Record of between $481 million and $1.2 billion at Executive Order 12866 Decision on August 18, 1988 (53 FR small businesses in 2004. Copies of the 31341). In addition, an August 1985 The migratory bird hunting Analysis are available upon request environmental assessment entitled regulations are economically significant from the address indicated under ‘‘Guidelines for Migratory Bird Hunting and were reviewed by the Office of ADDRESSES or from our Web site at Regulations on Federal Indian Management and Budget (OMB) under http://www.fws.gov/migratorybirds/ Reservations and Ceded Lands’’ is Executive Order 12866. As such, a cost/ reports/SpecialTopics/ available (see ADDRESSES). benefit analysis was initially prepared EconomicAnalysis-Final-2004.pdf. Annual NEPA considerations are in 1981. This analysis was subsequently This year, due to limited data covered under a separate Environmental revised annually from 1990–96, updated availability, we partially updated the Assessment (EA), ‘‘Duck Hunting in 1998, and updated again in 2004. It 2004 analysis, but restricted our Regulations for 2007–08,’’ and an is further discussed below under the analysis to duck hunting. Results August 27, 2007, Finding of No heading Regulatory Flexibility Act. indicate that the duck hunters would Significant Impact (FONSI). Copies of Results from the 2004 analysis indicate spend between $291 million and $473.5 the EA and FONSI are available upon that the expected welfare benefit of the million at small businesses in 2007. We request from the address indicated annual migratory bird hunting plan to perform a full update of the under ADDRESSES. frameworks is on the order of $734 analysis in 2008 when the full results In a notice published in the million to $1.064 billion, with a mid- from the 2006 National Hunting and September 8, 2005, Federal Register (70 point estimate of $899 million. Copies Fishing Survey are available. Copies of FR 53376), we announced our intent to of the cost/benefit analysis are available the updated analysis are available upon develop a new Supplemental upon request from the address indicated request from the address indicated Environmental Impact Statement for the under ADDRESSES or from our Web site under ADDRESSES or from our Web site migratory bird hunting program. Public at http://www.fws.gov/migratorybirds/ at http://www.fws.gov/migratorybirds/ scoping meetings were held in the reports/SpecialTopics/ reports/SpecialTopics/ spring of 2006, as we announced in a EconomicAnalysis-Final-2004.pdf. EconomicAnalysis-2007Update.pdf.

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Small Business Regulatory Enforcement not result in the physical occupancy of accordance with the President’s Fairness Act property, the physical invasion of memorandum of April 29, 1994, This rule is a major rule under 5 property, or the regulatory taking of any ‘‘Government-to-Government Relations U.S.C. 804(2), the Small Business property. In fact, these rules allow with Native American Tribal Regulatory Enforcement Fairness Act. hunters to exercise otherwise Governments’’ (59 FR 22951), Executive For the reasons outlined above, this rule unavailable privileges and, therefore, Order 13175, and 512 DM 2, we have has an annual effect on the economy of reduce restrictions on the use of private evaluated possible effects on federally $100 million or more. However, because and public property. recognized Indian tribes and have this rule establishes hunting seasons, we Energy Effects—Executive Order 13211 determined that there are no effects on do not plan to defer the effective date Indian trust resources. However, by On May 18, 2001, the President issued under the exemption contained in 5 virtue of the tribal proposals process, we Executive Order 13211 on regulations U.S.C. 808(1). have consulted with all the tribes that significantly affect energy supply, affected by this rule. Paperwork Reduction Act distribution, and use. Executive Order List of Subjects in 50 CFR Part 20 We examined these regulations under 13211 requires agencies to prepare the Paperwork Reduction Act of 1995 Statements of Energy Effects when Exports, Hunting, Imports, Reporting (PRA). There are no new information undertaking certain actions. While this and recordkeeping requirements, collections in this rule that would rule is a significant regulatory action Transportation, Wildlife. under Executive Order 12866, it is not require OMB approval under the PRA. I expected to adversely affect energy Accordingly, part 20, subchapter B, The existing various recordkeeping and chapter I of title 50 of the Code of reporting requirements imposed under supplies, distribution, or use. Therefore, this action is not a significant energy Federal Regulations is amended as regulations established in 50 CFR part follows: 20, Subpart K, are utilized in the action and no Statement of Energy formulation of migratory game bird Effects is required. PART 20—[AMENDED] hunting regulations. Specifically, OMB Federalism Effects has approved the information collection I 1. The authority citation for part 20 requirements of the surveys associated Due to the migratory nature of certain continues to read as follows: with the Migratory Bird Harvest species of birds, the Federal Government has been given Authority: 16 U.S.C. 703–712 and 16 Information Program and assigned U.S.C. 742 a–j, Pub. L. 106–108. clearance number 1018–0015 (expires 2/ responsibility over these species by the Migratory Bird Treaty Act. We annually Note: The following hunting regulations 29/2008). This information is used to provided for by 50 CFR 20.110 will not provide a sampling frame for voluntary prescribe frameworks from which the States make selections regarding the appear in the Code of Federal Regulations national surveys to improve our harvest because of their seasonal nature. estimates for all migratory game birds in hunting of migratory birds, and we I order to better manage these employ guidelines to establish special 2. Section 20.110 is revised to read as populations. A Federal agency may not regulations on Federal Indian follows: conduct or sponsor, and a person is not reservations and ceded lands. This process preserves the ability of the § 20.110 Seasons, limits, and other required to respond to, a collection of regulations for certain Federal Indian information unless it displays a States and tribes to determine which reservations, Indian Territory, and ceded currently valid OMB control number. seasons meet their individual needs. lands. Any State or Indian tribe may be more Unfunded Mandates Reform Act restrictive than the Federal frameworks (a) Colorado River Indian Tribes, at any time. The frameworks are Parker, Arizona (Tribal Members and We have determined and certify, in Nontribal Hunters). compliance with the requirements of the developed in a cooperative process with Unfunded Mandates Reform Act, 2 the States and the Flyway Councils. Doves U.S.C. 1502 et seq., that this rulemaking This process allows States to participate in the development of frameworks from Season Dates: Open September 1, will not impose a cost of $100 million through September 15, 2007; then open or more in any given year on local or which they will make selections, thereby having an influence on their November 10, through December 24, State government or private entities. 2007. Therefore, this rule is not a ‘‘significant own regulations. Daily Bag and Possession Limits: For regulatory action’’ under the Unfunded These rules do not have a substantial the early season, daily bag limit is 10 Mandates Reform Act. direct effect on fiscal capacity, change the roles or responsibilities of Federal or mourning or white-winged doves, Civil Justice Reform—Executive Order State governments, or intrude on State singly, or in the aggregate. For the late 12988 policy or administration. Therefore, in season, the daily bag limit is 10 The Department, in promulgating this accordance with Executive Order 13132, mourning doves. Possession limits are rule, has determined that this rule will these regulations do not have significant twice the daily bag limits. not unduly burden the judicial system federalism effects and do not have Ducks (including mergansers) and that it meets the requirements of sufficient federalism implications to sections 3(a) and 3(b)(2) of Executive warrant the preparation of a Federalism Season Dates: Open October 13, 2007, Order 12988. Assessment. through January 27, 2008. Daily Bag and Possession Limits: Takings Implication Assessment Government-to-Government Seven ducks, including two hen In accordance with Executive Order Relationship With Tribes mallards, two redheads, two Mexican 12630, this rule, authorized by the Due to the migratory nature of certain ducks, two goldeneye, two cinnamon Migratory Bird Treaty Act, does not species of birds, the Federal teal, and three scaup. The seasons on have significant takings implications Government has been given canvasback and pintail are closed. The and does not affect any constitutionally responsibility over these species by the possession limit is twice the daily bag protected property rights. This rule will Migratory Bird Treaty Act. Thus, in limit.

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Coots and Common Moorhens Geese White-fronted Geese Season Dates: Same as ducks. Dark Geese Season Dates: Open September 25, Daily Bag and Possession Limits: 25 through December 19, 2007. coots and common moorhens, singly or Season Dates: Open September 30, 2007, through January 12, 2008. Daily Bag and Possession Limits: Two in the aggregate. and four, respectively. Daily Bag and Possession Limits: Four Geese and eight geese, respectively. Light Geese Season Dates: Open October 20, 2007, Light Geese Season Dates: Open February 10, through January 27, 2008. 2008, through March 10, 2008. Daily Bag and Possession Limits: Season Dates: Open September 30, Daily Bag and Possession Limits: 20 Three geese, including no more than 2007, through January 12, 2008. geese daily, no possession limit. three dark (Canada) geese and three Daily Bag and Possession Limits: General Conditions: The possession white (snow, blue, Ross’s) geese. The Three and six geese, respectively. possession limit is six dark geese and limit is twice the daily bag limit. Tribal General Conditions: Tribal and and nontribal hunters must comply with six white geese. Nontribal hunters must comply with all General Conditions: All persons 14 basic Federal migratory bird hunting basic Federal migratory bird hunting years and older must be in possession regulations in 50 CFR part 20 regarding regulations contained in 50 CFR part 20 of a valid Colorado River Indian shooting hours and manner of taking. In regarding manner of taking. In addition, Reservation hunting permit before addition, each waterfowl hunter 16 shooting hours are sunrise to sunset, taking any wildlife on tribal lands. Any years of age or over must carry on his/ and each waterfowl hunter 16 years of person transporting game birds off the her person a valid Migratory Bird age or older must carry on his/her Colorado River Indian Reservation must Hunting and Conservation Stamp (Duck person a valid Migratory Bird Hunting have a valid transport declaration form. Stamp) signed in ink across the stamp and Conservation Stamp (Duck Stamp) Shooting hours are one-half hour before face. Special regulations established by signed in ink across the stamp face. sunrise to sunset for all hunts except the Crow Creek Sioux Tribe also apply Special regulations established by the early season Dove which is one-half on the reservation. Confederated Salish and Kootenai hour before sunrise to noon. Other tribal (d) Fond du Lac Band of Lake Tribes also apply on the reservation. regulations apply, and may be obtained Superior Chippewa Indians, Cloquet, at the Fish and Game Office in Parker, (c) Crow Creek Sioux Tribe, Crow Minnesota (Tribal Members Only). Arizona. Creek Indian Reservation, Fort All seasons in Minnesota, 1854 and (b) Confederated Salish and Kootenai Thompson, South Dakota (Tribal 1837 Treaty Zones: Tribes, Flathead Indian Reservation, Members and Nontribal Hunters). Doves Pablo, Montana (Tribal Hunters). Sandhill Cranes Tribal Members Only Season Dates: Open September 1, Season Dates: Open September 11, through October 30, 2007. Ducks (including mergansers) through October 17, 2007. Daily Bag Limit: 30 doves. Daily Bag Limit: Three sandhill Season Dates: Open September 2, Ducks and Mergansers 2007, through March 9, 2008. cranes. Daily Bag and Possession Limits: The Permits: Each person participating in Season Dates: Open September 15, Tribe does not have specific bag and the sandhill crane season must have a through December 2, 2007. possession restrictions for Tribal valid Federal sandhill crane hunting Daily Bag Limit for Ducks: 12 ducks, members. The season on harlequin duck permit in his or her possession while including no more than 12 mallards is closed. hunting. (only 3 of which may be hens), 3 black Coots Ducks ducks, 6 scaup, 6 wood ducks, 6 redheads, 3 pintails and 3 canvasbacks. Season Dates: Same as ducks. Season Dates: Open October 2, Daily Bag Limit for Mergansers: 15 Daily Bag and Possession Limits: through December 14, 2007. mergansers, including no more than 6 Same as ducks. Daily Bag and Possession Limits: The hooded mergansers. Geese daily bag limit is 5 ducks, with species and sex restrictions as follows: 2 scaup, Canada Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: 2 redheads, and 2 wood ducks, and only Season Dates: Open September 1, Same as ducks. 1 duck from the following group—hen through December 2, 2007. mallard, mottled duck, pintail, Daily Bag Limit: 12 geese. Nontribal Hunters canvasback. The possession limit is twice the daily bag limit. Coots and Common Moorhens Ducks (including mergansers) (Gallinule) Season Dates: Open September 30, Mergansers Season Dates: Open September 15, 2007, through January 12, 2008. Season Dates: Same as ducks. Daily Bag and Possession Limits: through December 2, 2007. Seven ducks, including no more than Daily Bag and Possession Limits: Five Daily Bag Limit: 20 coots and two hen mallards, one pintail, two mergansers, including no more than one common moorhens, singly or in the canvasback, three scaup, and two hooded merganser. The possession limit aggregate. is twice the daily bag limit. redheads. The possession limit is twice Sora and Virginia Rails the daily bag limit. Canada Geese Season Dates: Open September 1, Coots Season Dates: Open October 16, 2007, through December 2, 2007. Season Dates: Same as ducks. through January 18, 2008. Daily Bag Limit: 25 sora and Virginia Daily Bag and Possession Limits: The Daily Bag and Possession Limits: rails, singly or in the aggregate. There is daily bag and possession limit is 25. Three and six, respectively. no possession limit.

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Common Snipe and Woodcock Sora Rails, Common Snipe, and Daily Bag Limit: 16 common. Woodcock D. Woodcock: Season Dates: Open September 1, Season Dates: Begin September 5 and Season Dates: Open September 1, through December 2, 2007. end December 1, 2007. through November 14, 2007. Daily Bag Limit: Eight snipe and three Daily Bag Limit: 10 woodcock. woodcock. Daily Bag Limit: 10 rails, 10 snipe, E. Mourning Dove: 1837 and 1842 General Conditions: and 5 woodcock. Ceded Territories. 1. While hunting waterfowl, a tribal Mourning Doves Season Dates: Begin September 1 and member must carry on his/her person a end October 30, 2007. Season Dates: Open September 1, Daily Bag Limit: 15. valid tribal waterfowl hunting permit. through November 14, 2007. 2. Except as otherwise noted, tribal Daily Bag Limit: 10 mourning doves. General Conditions members will be required to comply General Conditions: A valid Grand A. All tribal members will be required with tribal codes that will be no less Traverse Band Tribal license is required to obtain a valid tribal waterfowl restrictive than the provisions of and must be in possession before taking hunting permit. Chapter 10 of the Model Off-Reservation any wildlife. All other basic regulations B. Except as otherwise noted, tribal Code. Except as modified by the Service contained in 50 CFR part 20 are valid. members will be required to comply rules adopted in response to this Other tribal regulations apply, and may with tribal codes that will be no less proposal, these amended regulations be obtained at the tribal office in restrictive than the model ceded parallel Federal requirements in 50 CFR Suttons Bay, Michigan. territory conservation codes approved part 20 as to hunting methods, (f) Great Lakes Indian Fish and by Federal courts in the Lac Courte transportation, sale, exportation, and Wildlife Commission, Odanah, Oreilles v. State of Wisconsin (Voigt) other conditions generally applicable to Wisconsin (Tribal Members Only). and Mille Lacs Band v. State of migratory bird hunting. Ducks: Minnesota cases. Chapter 10 in each of 3. Band members in each zone will A. Wisconsin and Minnesota 1837 these model codes regulates ceded comply with State regulations providing and 1842 Treaty Areas: territory migratory bird hunting. Both for closed and restricted waterfowl Season Dates: Begin September 15 versions of Chapter 10 parallel Federal hunting areas. and end December 31, 2007. requirements as to hunting methods, 4. There are no possession limits on Daily Bag Limit: 30 ducks, including transportation, sale, exportation and any species, unless otherwise noted no more than 10 mallards (only 5 of other conditions generally applicable to above. For purposes of enforcing bag which may be hens), 5 black ducks, 5 migratory bird hunting. They also and possession limits, all migratory scaup, 5 pintails, 5 wood ducks, and 5 automatically incorporate by reference birds in the possession or custody of canvasbacks. the Federal migratory bird regulations band members on ceded lands will be B. Michigan 1836 Treaty Area: adopted in response to this proposal. considered to have been taken on those Season Dates: Begin September 15 C. Particular regulations of note lands unless tagged by a tribal or State and end December 31, 2007. include: conservation warden as having been Daily Bag Limit: 20 ducks, including 1. Nontoxic shot will be required for taken on-reservation. All migratory no more than 10 mallards (only 5 of all off-reservation waterfowl hunting by birds that fall on reservation lands will which may be hens), 5 black ducks, 5 tribal members. not count as part of any off-reservation scaup, 5 pintails, 5 wood ducks, and 5 2. Tribal members in each zone will bag or possession limit. canvasbacks. comply with tribal regulations (e) Grand Traverse Band of Ottawa Mergansers: All Ceded Areas: providing for closed and restricted and Chippewa Indians, Suttons Bay, Season Dates: Begin September 15 waterfowl hunting areas. These Michigan (Tribal Members Only). and end December 31, 2007. regulations generally incorporate the Daily Bag Limit: 10 mergansers. All seasons in Michigan, 1836 Treaty same restrictions contained in parallel Geese: All Ceded Areas: Zone: State regulations. Season Dates: Begin September 1 and 3. Possession limits for each species Ducks end December 31, 2007. In addition, any are double the daily bag limit, except on portion of the ceded territory that is Season Dates: Open September 22, the opening day of the season, when the open to State-licensed hunters for goose 2007, through January 21, 2008. possession limit equals the daily bag hunting after December 1 will also be limit, unless otherwise noted above. Daily Bag Limit: 12 ducks, which may open concurrently for tribal members. Possession limits are applicable only include no more than 2 pintail, 2 Daily Bag Limit: 20 geese in aggregate. to transportation and do not include canvasback, 3 black ducks, 1 hooded Other Migratory Birds: birds that are cleaned, dressed, and at a merganser, 3 wood ducks, 3 redheads, A. Coots and Common Moorhens member’s primary residence. For and 6 mallards (only 3 of which may be (Common Gallinules): purposes of enforcing bag and hens). Season Dates: Begin September 1 and possession limits, all migratory birds in Canada and Snow Geese end December 31, 2007. the possession and custody of tribal Daily Bag Limit: 20 coots and members on ceded lands will be Season Dates: Open September 1, common moorhens (common considered to have been taken on those through November 30, and open January gallinules), singly or in the aggregate. lands unless tagged by a tribal or State 1, 2008, through February 8, 2008. B. Sora and Virginia Rails: conservation warden as taken on Daily Bag Limit: Five geese. Season Dates: Begin September 1 and reservation lands. All migratory birds Other Geese (white-fronted geese and end December 31, 2007. that fall on reservation lands will not brant) Daily Bag Limit: 20, singly or in the count as part of any off-reservation bag aggregate. or possession limit. Season Dates: Open September 20, C. Common Snipe: 4. The baiting restrictions included in through November 30, 2007. Season Dates: Begin September 15 the respective sections 10.05(2)(h) of the Daily Bag Limit: Five geese. and end December 1, 2007. model ceded territory conservation

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codes will be amended to include pintail, two canvasbacks, three scaup, has a court system with judges that hear language which parallels that in place and two redheads. The possession limit cases and set fines. Nontoxic shot is for non-tribal members as published at is twice the daily bag limit. required. Shooting hours are one-half 64 FR 29799, June 3, 1999. hour before sunrise to one-half hour Geese 5. The shell limit restrictions after sunset. included in the respective sections Season Dates: Open September 1, (j) Leech Lake Band of Ojibwe, Cass 10.05(2)(b) of the model ceded territory through September 16, 2007, for the Lake, Minnesota (Tribal Members Only). conservation codes will be removed. early-season, and open October 1, 2007, 6. Hunting hours shall be from a half through January 27, 2008, for the late- Ducks hour before sunrise to 15 minutes after season. During this period, days to be Season Dates: Open September 22, sunset. hunted are specified by the Kalispel through December 31, 2007. D. Michigan—Duck Blinds and Tribe. Nontribal hunters should contact Daily Bag Limits: 10 ducks. Decoys. Tribal members hunting in the Tribe for more detail on hunting Geese Michigan will comply with tribal codes days. that contain provisions parallel to Daily Bag and Possession Limits: 5 Season Dates: Open September 1, Michigan law regarding duck blinds and and 10, respectively, for the early through December 31, 2007. decoys. season, and 4 light geese and 4 dark Daily Bag Limits: 10 geese. (g) Jicarilla Apache Tribe, Jicarilla geese, for the late season. The daily bag General: Possession limits are twice Indian Reservation, Dulce, New Mexico limit is 2 brant and is in addition to the daily bag limits. Shooting hours are (Tribal Members and Nontribal dark goose limits for the late-season. one-half hour before sunrise to one-half Hunters). The possession limit is twice the daily hour after sunset. Nontoxic shot is bag limit. required. Use of live decoys, bait, and Ducks (including mergansers) commercial use of migratory birds are Season Dates: Open October 13, Tribal Hunters Within Kalispel Ceded prohibited. Waterfowl may not be through November 30, 2007. Lands pursued or taken while using motorized Daily Bag and Possession Limits: The Ducks craft. daily bag limit is seven, including no (k) Little River Band of Ottawa more than two hen mallards, one Season Dates: Open September 1, Indians, Manistee, Michigan (Tribal pintail, one canvasback, two redheads, 2007, through January 31, 2008. Members Only). Daily Bag and Possession Limits: and three scaup. The possession limit is Ducks twice the daily bag limit. seven ducks and mergansers, including no more than two female mallards, one Season Dates: Open September 15, Canada Geese pintail, two canvasbacks, three scaup, 2007, through January 20, 2008. Season Dates: Open October 13, and two redheads. The possession limit Daily Bag and Possession Limits: 12 through November 30, 2007. is twice the daily bag limit. ducks, including no more than 2 pintail, 2 canvasback, 1 hooded merganser, 3 Daily Bag and Possession Limits: Two Geese and four, respectively. black ducks, 3 wood ducks, 3 redheads, General Conditions: Tribal and Season Dates: Open September 1, and 6 mallards (only 3 of which may be nontribal hunters must comply with all 2007, through January 31, 2008. hens). The possession limit is twice the basic Federal migratory bird hunting Daily Bag Limit: 4 light geese and 4 daily bag limit. regulations in 50 CFR part 20 regarding dark geese. The daily bag limit is 2 brant Canada Geese shooting hours and manner of taking. In and is in addition to dark goose limits. addition, each waterfowl hunter 16 General: Tribal members must possess Season Dates: Open September 1, years of age or older must carry on his/ a validated Migratory Bird Hunting and through February 8, 2008. her person a valid Migratory Bird Conservation Stamp and a tribal ceded Daily Bag and Possession Limits: Five Hunting and Conservation Stamp (Duck lands permit. Hunters must observe all Canada geese and possession limit is Stamp) signed in ink across the stamp basic Federal migratory bird hunting twice the daily bag limit. regulations in 50 CFR part 20. face. Special regulations established by White-fronted Geese, Snow Geese, Ross (i) Klamath Tribe, Chiloquin, Oregon the Jicarilla Tribe also apply on the Geese, and Brant reservation. (Tribal Members Only). Season Dates: Open September 20, (h) Kalispel Tribe, Kalispel Ducks Reservation, Usk, Washington (Tribal through November 30, 2007. Members and Nontribal Hunters). Season Dates: Open October 1, 2007, Daily Bag and Possession Limits: Five through January 28, 2008. birds and the possession limit is twice Nontribal Hunters on Reservation Daily Bag and Possession Limits: 9 the daily bag limit. and 18 ducks, respectively. Ducks Mourning Doves, Rails, Snipe, and Season Dates: Open September 22, Coots Woodcock 2007, through January 27, 2008. During Season Dates: Same as ducks. Season Dates: Open September 1, this period, days to be hunted are Daily Bag and Possession Limits: 25 through November 14, 2007. specified by the Kalispel Tribe as coots. Daily Bag and Possession Limits: 10 weekends, holidays, and for a doves, 10 rails, 10 snipe, and 5 Geese continuous period in the months of woodcock. The possession limit is twice October and November, not to exceed Season Dates: Same as ducks. the daily bag limit. 107 days total. Nontribal hunters should Daily Bag and Possession Limits: 6 General: contact the Tribe for more detail on and 12 geese, respectively. A. All tribal members are required to hunting days. General: The Klamath Tribe provides obtain a valid tribal resource card and Daily Bag and Possession Limits: its game management officers, 2007–08 hunting license. seven ducks and mergansers, including biologists, and wildlife technicians with B. Except as modified by the Service no more than two female mallards, one regulatory enforcement authority, and rules adopted in response to this

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proposal, these amended regulations Tribal Members (n) Lower Elwha Klallam Tribe, Port parallel all Federal regulations Ducks, Mergansers and Coots Angeles, Washington (Tribal Members contained in 50 CFR part 20. Only) Ducks. C. Particular regulations of note Season Dates: Open September 22, Season Dates: Open September 22, include: 2007, through March 10, 2008. through December 30, 2007. (1) Nontoxic shot will be required for Daily Bag and Possession Limits: Five Daily Bag and Possession Limits: all waterfowl hunting by tribal ducks, including no more than five Seven ducks, including no more than members. mallards (only one of which may be a two hen mallards, one pintail, one (2) Tribal members in each zone will hen), two scaup, one mottled duck, two canvasback, one harlequin, and two comply with tribal regulations redheads, two wood ducks, one redheads. Possession limit is twice the providing for closed and restricted canvasback, and one pintail. Coot daily daily bag limit. waterfowl hunting areas. These bag limit is 15. Merganser daily bag regulations generally incorporate the limit is five, including no more than two Geese same restrictions contained in parallel hooded merganser. The possession limit Season Dates: Open September 22, State regulations. is twice the daily bag limit. through December 30, 2007. (3) Possession limits for each species Canada Geese Daily Bag and Possession Limits: Four are double the daily bag limit, except on geese, and may include no more than the opening day of the season, when the Season Dates: Open October 13, 2007, three light geese. The season on possession limit equals the daily bag through March 10, 2008. Aleutian Canada geese is closed. Daily Bag and Possession Limits: limit, unless otherwise noted above. Possession limit is twice the daily bag Three and six, respectively. D. Tribal members hunting in limit. Michigan will comply with tribal codes White-fronted Geese that contain provisions parallel to Brant Season Dates: Open October 6, 2007, Michigan law regarding duck blinds and through March 10, 2008. Season Dates: Open November 1, decoys. Daily Bag and Possession Limits: Two 2007, through February 15, 2008. (l) The Little Traverse Bay Bands of and four, respectively. Daily Bag and Possession Limits: Two Odawa Indians, Petoskey, Michigan and four, respectively. (Tribal Members Only). Light Geese Coots Ducks Season Dates: Open October 13, 2007, through March 10, 2008. Season Dates: Open September 22, Season Dates: Open September 15, Daily Bag and Possession Limits: 20 through December 30, 2007. 2007, through January 20, 2008. and 40, respectively. Daily Bag and Possession Limits: 25 Daily Bag Limits: 12 ducks, including and 50 coots, respectively. no more than 6 mallards (only 3 of Nontribal Hunters Mourning Doves which may be hens), 3 black ducks, 3 Ducks (including mergansers and coots) redheads, 3 wood ducks, 2 pintail, 1 Season Dates: Open September 22, Season Dates: Open October 13, 2007, hooded merganser, and 2 canvasback. through December 30, 2007. through January 17, 2008. Coots and Gallinules Daily Bag and Possession Limits: Five Daily Bag and Possession Limits: 10 and 20 doves, respectively. Season Dates: Same as ducks. ducks, including no more than five Daily Bag Limits: 12. mallards (only one of which may be a Snipe hen), two scaup, one mottled duck, one Season Dates: Open September 22, Canada Geese canvasback, two redheads, two wood through December 30, 2007. Season Dates: Open September 1, ducks, and one pintail. Coot daily bag Daily Bag and Possession Limits: 8 2007, through February 8, 2008. limit is 15. Merganser daily bag limit is and 16 snipe, respectively. Daily Bag Limit: Five geese. five, including no more than one hooded merganser. The possession limit Band-tailed Pigeon White-fronted Geese, Snow Geese, and is twice the daily bag limit. Brant Season Dates: Open September 22, Season Dates: Open September 1, Canada Geese through December 30, 2007. through November 30, 2007. Season Dates: Open October 27, 2007, Daily Bag and Possession Limits: 2 Daily Bag Limit: 10 of each species. through February 10, 2008. and 4 pigeons, respectively. Daily Bag and Possession Limits: General: Tribal members must possess Sora Rails, Snipe, and Mourning Doves Three and six, respectively. a tribal hunting permit from the Lower Season Dates: Open September 1, Elwha Klallam Tribe pursuant to tribal through November 14, 2007. White-fronted Geese law. Hunters must observe all basic Daily Bag Limit: 10 of each species. Season Dates: Open October 13, 2007, Federal migratory bird hunting through December 23, 2007. regulations in 50 CFR part 20. Woodcock Daily Bag and Possession Limits: One (o) Makah Indian Tribe, Neah Bay, Season Dates: Open September 1, and two, respectively. Washington (Tribal Members). through November 14, 2007. Daily Bag Limit: Five woodcock. Light Geese Band-tailed Pigeons General: Possession limits are twice Season Dates: Open October 13, 2007, Season Dates: Open September 1, the daily bag limits. These amended through January 13, 2008, and open through October 31, 2007. regulations parallel all Federal February 26, through March 10, 2008. Daily Bag Limit: Two band-tailed regulations contained in 50 CFR part 20. Daily Bag and Possession Limits: 20 pigeons. (m) Lower Brule Sioux Tribe, Lower and 40, respectively. Brule Reservation, Lower Brule, South General: Hunters must observe all Ducks and Coots Dakota (Tribal Members and Nontribal basic Federal migratory bird hunting Season Dates: Open September 22, Hunters). regulations in 50 CFR part 20. 2007, through January 20, 2008.

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Daily Bag Limit: Seven ducks Coots and Common Moorhens sunrise to one-half hour after sunset. including no more than one redhead, Season Dates: Same as ducks. Nontribal members hunting on the one pintail, and one canvasback. The Daily Bag and Possession Limits: 25 Reservation or on lands under the seasons on wood duck and harlequin coots and moorhens, singly or in the jurisdiction of the Tribe must comply are closed. aggregate. The possession limit is twice with all State of Wisconsin regulations, including season dates, shooting hours, Geese the daily bag limit. and bag limits which differ from tribal Season Dates: Open September 22, Canada Geese member seasons. Tribal members and 2007, through January 20, 2008. Season Dates: Open September 22, nontribal members hunting on the Daily Bag Limit: Four geese including 2007, through January 6, 2008. Reservation or on lands under the no more than one brant. The seasons on Daily Bag and Possession Limits: Four jurisdiction of the Tribe will observe all Aleutian and dusky Canada geese are and eight geese, respectively. basic Federal migratory bird hunting closed. General Conditions: Tribal and regulations found in 50 CFR part 20, nontribal hunters will comply with all with the following exceptions: tribal General basic Federal migratory bird hunting members are exempt from the purchase All other Federal regulations regulations in 50 CFR part 20, regarding of the Migratory Waterfowl Hunting and contained in 50 CFR part 20 would shooting hours and manner of taking. In Conservation Stamp (Duck Stamp); and apply. The following restrictions are addition, each waterfowl hunter 16 shotgun capacity is not limited to three also imposed by the Tribe: (1) As per years of age or over must carry on his/ shells. Makah Ordinance 44, only shotguns her person a valid Migratory Bird (r) Shoshone-Bannock Tribes, Fort may be used to hunt any species of Hunting and Conservation Stamp (Duck Hall Indian Reservation, Fort Hall, waterfowl. Additionally, shotguns must Stamp) signed in ink across the face. Idaho (Nontribal Hunters). not be discharged within 0.25 miles of Special regulations established by the Ducks an occupied area (home, business, or Navajo Nation also apply on the recreational area) and may not be reservation. Season Dates: Open October 7, 2007, discharged in the direction of a road; (2) (q) Oneida Tribe of Indians of through January 19, 2008. Hunters must be eligible, enrolled Wisconsin, Oneida, Wisconsin (Tribal Daily Bag and Possession Limits: Makah tribal members and must carry Members Only). Ducks (including Seven ducks, including no more than their Indian Treaty Fishing and Hunting mergansers) two hen mallards, one pintail, two Identification Card while hunting. No Season Dates: Open September 22, canvasback, three scaup, and two tags or permits are required to hunt through November 16, 2007, and open redheads. The possession limit is twice waterfowl; (3) The Cape Flattery area is November 26, through December 9, the daily bag limit. open to waterfowl hunting, except in 2007. designated wilderness areas, or within 1 Daily Bag and Possession Limits: Six, Mergansers mile of Cape Flattery Trail, or in any including no more than six mallards Season Dates: Same as ducks. area that is closed to hunting by another (three hen mallards), six wood ducks, Daily Bag and Possession Limits: 7 ordinance or regulation; (4) The use of one redhead, two pintail, and one and 14 mergansers, respectively. live decoys and/or baiting to pursue any hooded merganser. The possession limit species of waterfowl is prohibited; (5) is twice the daily bag limit. Coots Only steel or bismuth shot for waterfowl Geese Season Dates: Same as ducks. is allowed; the use of lead shot is Daily Bag and Possession Limits: 25 prohibited; (6) The use of dogs is Season Dates: Open September 1, coots. The possession limit is twice the permitted to hunt waterfowl. through November 16 and open daily bag limit. (p) Navajo Indian Reservation, November 26, through December 30, Geese Window Rock, Arizona (Tribal Members 2007. and Nontribal Hunters). Daily Bag and Possession Limits: Season Dates: Open October 7, 2007, Three and six Canada geese, through January 19, 2008. Band-tailed Pigeons respectively. Hunters will be issued Daily Bag and Possession Limits: Four three tribal tags for geese in order to Season Dates: Open September 1, light geese and four dark geese. The monitor goose harvest. An additional through September 30, 2007. possession limit is twice the daily bag three tags will be issued each time birds Daily Bag and Possession Limits: 5 limit. are registered. A seasonal quota of 150 and 10 pigeons, respectively. birds is adopted. If the quota is reached Common Snipe Mourning Doves before the season concludes, the season Season Dates: Same as ducks. will be closed at that time. Season Dates: Open September 1, Daily Bag and Possession Limits: 8 through September 30, 2007. Woodcock and 16 snipe, respectively. Daily Bag and Possession Limits: 10 Season Dates: Open September 8, General Conditions: Nontribal hunters and 20 doves, respectively. through November 11, 2007. must comply with all basic Federal migratory bird hunting regulations in 50 Ducks (including mergansers) Daily Bag and Possession Limits: 5 and 10 woodcock, respectively. CFR part 20 regarding shooting hours Season Dates: Open September 22, and manner of taking. In addition, each 2007, through January 6, 2008. Dove waterfowl hunter 16 years of age or Daily Bag and Possession Limits: Season Dates: Open September 1, older must possess a valid Migratory Seven ducks, including no more than through November 11, 2007. Bird Hunting and Conservation Stamp two hen mallards, one pintail, one Daily Bag and Possession Limits: 10 (Duck Stamp) signed in ink across the canvasback, three scaup, and two and 20 doves, respectively. stamp face. Other regulations redheads. The possession limit is twice General Conditions: Tribal member established by the Shoshone-Bannock the daily bag limit. shooting hours are one-half hour before Tribes also apply on the reservation.

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(s) Skokomish Tribe, Shelton, Daily Bag and Possession Limits: Five Geese Washington (Tribal Members Only). ducks, which may include only one Season Dates: Same as ducks. Ducks and Mergansers canvasback. The season on harlequin Daily Bag and Possession Limits: Six Season Dates: Open September 16, ducks is closed. Possession limit is and twelve, respectively. through December 31, 2007. twice the daily bag limit. Daily Bag and Possession Limits: Brant Geese Seven ducks, including no more than Season Dates: Open October 1, 2007, two hen mallards, one pintail, one Season Dates: Open September 15, through January 31, 2008. canvasback, one harlequin, and two 2007, through January 15, 2008. Daily Bag and Possession Limits: redheads. Possession limit is twice the Daily Bag and Possession Limits: Four Three and six, respectively. daily bag limit. geese, and may include no more than Snipe two snow geese. The season on Aleutian Geese and cackling Canada geese is closed. Season Dates: Open October 1, 2007, Season Dates: Open September 16, Possession limit is twice the daily bag through January 31, 2008. through December 31, 2007. limit. Daily Bag and Possession Limits: 10 Daily Bag and Possession Limits: Four and 20, respectively. geese, and may include no more than Brant Tribal members hunting on lands will three light geese. The season on Season Dates: Open September 1, observe all basic Federal migratory bird Aleutian Canada geese is closed. through December 31, 2007. hunting regulations found in 50 CFR Possession limit is twice the daily bag Daily Bag and Possession Limits: Two part 20, which will be enforced by the limit. and four brant, respectively. Stillaguamish Tribal Law Enforcement. Tribal members are required to use steel Brant Coots shot or a nontoxic shot as required by Season Dates: Open November 1, Season Dates: Open September 1, Federal regulations. 2007, through February 15, 2008. 2007, through January 15, 2008. (v) Swinomish Indian Tribal Daily Bag and Possession Limits: Two Daily Bag Limits: 25 coots. Community, LaConner, Washington brant. Possession limit is twice the daily (Tribal Members Only). bag limit. Snipe Off Reservation Coots Season Dates: Open September 15, Ducks (including mergansers) 2007, and through January 15, 2008. Season Dates: Open September 16, Daily Bag and Possession Limits: 8 Season Dates: Open September 27, through December 31, 2007. and 16 snipe, respectively. 2007, through February 25, 2008. Daily Bag and Possession Limits: 25 Daily Bag and Possession Limits: 10 and 50 coots, respectively. Band-tailed Pigeons ducks, including no more than 5 hen mallards, 4 pintail, 7 scaup, and 5 Mourning Doves Season Dates: Open September 1, through December 31, 2007. redheads. The season on canvasbacks is Season Dates: Open September 16, Daily Bag and Possession Limits: 5 closed. The possession limit is twice the through December 31, 2007. and 10 pigeons, respectively. daily bag limit. Daily Bag and Possession Limits: 10 General Conditions: All tribal hunters and 20 doves, respectively. Coots must obtain a Tribal Hunting Tag and Season Dates: Same as ducks. Permit from the Tribe’s Natural Snipe Daily Bag and Possession Limits: 25 Resources Department and must have Season Dates: Open September 16, coots. through December 31, 2007. the permit, along with the member’s Daily Bag and Possession Limits: 8 treaty enrollment card, on his or her Geese and 16 snipe, respectively. person while hunting. Shooting hours Season Dates: Same as ducks. are one-half hour before sunrise to one- Daily Bag and Possession Limits: Band-tailed Pigeon half hour after sunset, and steel shot is Seven geese, including seven dark geese Season Dates: Open September 16, required for all migratory bird hunting. but no more than six light geese. The through December 31, 2007. Other special regulations are available at possession limit is twice the daily bag Daily Bag and Possession Limits: 2 the tribal office in Shelton, Washington. limit. and 4 pigeons, respectively. (u) Stillaguamish Tribe of Indians, General Conditions: All hunters Arlington, Washington (Tribal Members Brant authorized to hunt migratory birds on Only). Season Dates: Same as ducks. the reservation must obtain a tribal Daily Bag and Possession Limits: 5 Ducks (including mergansers) hunting permit from the respective and 10 brant, respectively. Season Dates: Open October 1, 2007, Tribe. Hunters are also required to On Reservation adhere to a number of special through February 15, 2008. regulations available at the tribal office. Daily Bag and Possession Limits: 10 Ducks (including mergansers) Hunters must observe all basic Federal ducks, including no more than 7 Season Dates: Open September 27, migratory bird hunting regulations in 50 mallards of which only 3 may be hen 2007, through March 9, 2008. CFR part 20, such as shooting hours and mallards, 3 pintail, 3 canvasback, 3 Daily Bag and Possession Limits: 10 manner of take. scaup, and 3 redheads. The possession ducks, including no more than 5 hen (t) Squaxin Island Tribe, Squaxin limit is twice the daily bag limit. mallards, 4 pintail, 7 scaup, and 5 Island Reservation, Shelton, Washington Coot redheads. The season on canvasbacks is (Tribal Members Only). closed. The possession limit is twice the Season Dates: October 1, 2007, daily bag limit. Ducks through January 31, 2008. Season Dates: Open September 1, Daily Bag and Possession Limits: 25 Coots 2007, through January 15, 2008. and 50, respectively. Season Dates: Same as ducks.

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Daily Bag and Possession Limits: 25 Coots brant. The possession limits for geese coots. Season Dates: Same as ducks. and brant are 10 and 7, respectively. Geese Daily Bag and Possession Limits: 25 Tribal members must have the tribal and 50, respectively identification and harvest report card on Season Dates: Same as ducks. their person to hunt. Tribal members Daily Bag and Possession Limits: Geese hunting on the Reservation will observe Seven geese, including seven dark geese Season Dates: Open October 13, 2007, all basic Federal migratory bird hunting but no more than six light geese. The through January 27, 2008. regulations found in 50 CFR part 20, possession limit is twice the daily bag Daily Bag and Possession Limits: Four except shooting hours would be 15 limit. dark geese, including no more than two minutes before official sunrise to 15 Brant cackling Canada geese, and four light minutes after official sunset. geese. The possession limit is twice the (y) Wampanoag Tribe of Gay Head, Season Dates: Same as ducks. daily bag limit. Daily Bag and Possession Limits: 5 Aquinnah, Massachusetts (Tribal and 10 brant, respectively. Brant Members Only). General Conditions: Steps will be Season Dates: Open January 12, Teal taken to limit level of harvest, where it through January 27, 2008. could be shown that failure to limit Daily Bag and Possession Limits: Two Season Dates: Open October 15, 2007, such harvest would seriously impact the and four brant, respectively. through January 28, 2008. migratory bird resource. Tribal members Daily Bag Limit: Six teal. Snipe hunting on lands will observe all basic Ducks Federal migratory bird hunting Season Dates: Open November 14, regulations found in 50 CFR part 20, 2007, through February 28, 2008. Season Dates: Open October 31, 2007, which will be enforced by the Daily Bag and Possession Limits: 8 through February 27, 2008. Swinomish Tribal Fish and Game. and 16, respectively. Daily Bag Limit: Six ducks, including (w) Tulalip Tribes of Washington, General Conditions: All hunters on no more than two hen mallards, two Tulalip Indian Reservation, Marysville, Tulalip Tribal lands are required to black ducks, two mottled ducks, two Washington (Tribal Members and adhere to shooting hour regulations set wood ducks, one fulvous whistling Nontribal Hunters). at one-half hour before sunrise to duck, four mergansers, three scaup, one sunset, special tribal permit Tribal Members hooded merganser, two wood ducks, requirements, and a number of other one canvasback, two redheads, and one Ducks (Including Coots and Mergansers) tribal regulations enforced by the Tribe. pintail. The season is closed for Season Dates: Open September 15, Nontribal hunters 16 years of age and harlequin ducks. older, hunting pursuant to Tulalip 2007, and through February 29, 2008. Sea Ducks Daily Bag and Possession Limits: 7 Tribes’ Ordinance No. 67, must possess and 14 ducks, respectively, except that a valid Federal Migratory Bird Hunting Season Dates: Open October 15, 2007, bag and possession limits may include and Conservation Stamp and a valid through February 29, 2008. no more than 2 female mallards, 1 State of Washington Migratory Daily Bag Limit: Seven ducks pintail, 3 scaup, 2 canvasback, and 2 Waterfowl Stamp. Both stamps must be including no more than four of any one redheads. validated by signing across the face of species (only one of which may be a hen the stamp. Other tribal regulations eider). Geese apply, and may be obtained at the tribal Season Dates: Open September 15, office in Marysville, Washington. Canada Geese 2007, and through February 29, 2008. (x) Upper Skagit Indian Tribe, Sedro Season Dates: Open September 10, Daily Bag and Possession Limits: 7 Woolley, Washington (Tribal Members and through September 24, and open and 14 geese, respectively; except that Only). October 31, through February 27, 2008. the bag limits may not include more Mourning Dove Daily Bag Limits: 5 Canada geese than 2 brant and 1 cackling Canada during the first period, 3 during the goose. For those tribal members who Season Dates: Open September 1, second. engage in subsistence hunting, the through December 31, 2007. Tribes set a maximum annual bag limit Daily Bag and Possession Limits: 12 Snow Geese of 365 ducks and 365 geese. and 15 mourning doves, respectively. Season Dates: Open September 10, Snipe Ducks 2007, and through September 24, 2007. Season Dates: Open September 15, Season Dates: Open October 1, 2007, Daily Bag Limits: 15 snow geese. through February 15, 2008. 2007, through February 29, 2008. Woodcock Daily Bag and Possession Limits: 8 Daily Bag and Possession Limits: 15 and 16, respectively. and 20, respectively. Season Dates: Open October 15, Coots through November 30, 2007. Nontribal Hunters Daily Bag Limit: Three woodcock. Season Dates: Open October 1, 2007, Ducks General Conditions: Shooting hours through February 15, 2008. Season Dates: Open October 13, 2007, Daily Bag and Possession Limits: 20 are one-half hour before sunrise to through January 27, 2008. and 30, respectively. sunset. Nontoxic shot is required. All Daily Bag and Possession Limits: basic Federal migratory bird hunting Seven ducks, including no more than Geese regulations contained in 50 CFR part 20 two hen mallards, one pintail, three Season Dates: Open October 1, 2007, will be observed. scaup, two canvasback, and two through February 15, 2008. (z) White Earth Band of Ojibwe, White redheads. The possession limit is twice Daily Bag and Possession Limits: The Earth, Minnesota (Tribal Members the daily bag limit. daily bag limits are seven geese and five Only).

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Ducks and Mergansers Mourning Doves (Wildlife Management mallard), two redheads, one mottled Season Dates: Open September 15, Unit 10 and areas south of Y–70 and Y– duck, one canvasback, one pintail, two through December 16, 2007. 10 in Wildlife Management Unit 7, only) scaup, and two wood ducks. The daily bag limit for mergansers is five, of Daily Bag Limit for Ducks: 10 ducks, Season Dates: Open September 1, which no more than two can be a including no more than 2 mallards and through September 15, 2007. hooded merganser. The possession limit 1 canvasback. Daily Bag and Possession Limits: 10 is twice the daily bag limit. Daily Bag Limit for Mergansers: Five and 20 doves, respectively. mergansers, including no more than two Ducks (Including Mergansers): Open Coots hooded mergansers. October 13, 2007, through January 27, 2008. Season Dates: Same as other ducks. Geese Daily Bag and Possession Limits: Daily Bag and Possession Limits: 15 and 30 coots, respectively. Season Dates: Open September 1, Seven ducks, including no more than through September 28, 2007, and open three mallards (including no more than Canada Geese and Brant September 29, through December 16, two hen mallard), two redheads, three scaup, two canvasback, and one pintail. Season Dates: Open October 29, 2007, 2007. through February 11, 2008. Daily Bag Limit: Eight geese through The possession limit is twice the daily bag limit. Daily Bag and Possession Limits: September 28 and five thereafter. Three geese. The possession limit is Coots Coots, Moorhens and Gallinules twice the daily bag limit. Season Dates: Open September 1, Season Dates: Same as ducks. White-fronted Geese Daily Bag and Possession Limits: 25 through November 30, 2007. coots, moorhens, and gallinules, singly Season Dates: October 29, 2007, Daily Bag Limit: 20 coots. or in the aggregate. through January 22, 2008. Sora and Virginia Rails The possession limit is twice the daily Daily Bag and Possession Limits: One. bag limit. The possession limit is twice the daily Season Dates: Open September 1, bag limit. through November 30, 2007. Canada Geese Daily Bag Limit: 25 sora and Virginia Season Dates: Open October 13, 2007, Light Geese rails, singly or in the aggregate. through January 27, 2008. Season Dates: Open October 29, 2007, Common Snipe and Woodcock Bag and Possession Limits: Three and through January 19, 2008. six, respectively. Daily Bag and Possession Limits: 20 Season Dates: Open September 1, General Conditions: All nontribal geese daily, no possession limit. through November 30, 2007. hunters hunting band-tailed pigeons General Conditions: Daily Bag Limit: 10 snipe and 10 and mourning doves on Reservation (1) The waterfowl hunting regulations woodcock. lands shall have in their possession a established by this final rule apply to Mourning Dove valid White Mountain Apache Daily or tribal and trust lands within the external Yearly Small Game Permit. In addition boundaries of the reservation. Season Dates: Open September 1, to a small game permit, all nontribal (2) Tribal and nontribal hunters must through November 30, 2007. hunters hunting band-tailed pigeons comply with all basic Federal migratory Daily Bag Limit: 25 doves. must have in their possession a White bird hunting regulations in 50 CFR part General Conditions: Shooting hours Mountain Special Band-tailed Pigeon 20 regarding shooting hours and manner are one-half hour before sunrise to one- Permit. Other special regulations of taking. In addition, each waterfowl half hour after sunset. Nontoxic shot is established by the White Mountain hunter 16 years of age or older must required. Apache Tribe apply on the reservation. carry on his/her person a valid (aa) White Mountain Apache Tribe, Tribal and nontribal hunters will Migratory Bird Hunting and Fort Apache Indian Reservation, comply with all basic Federal migratory Conservation Stamp (Duck Stamp) Whiteriver, Arizona (Tribal Members bird hunting regulations in 50 CFR part signed in ink across the stamp face. and Nontribal Hunters). 20 regarding shooting hours and manner Special regulations established by the Band-tailed Pigeons (Wildlife of taking. Yankton Sioux Tribe also apply on the Management Unit 10 and areas south of (bb) Yankton Sioux Tribe, Marty, reservation. South Dakota (Tribal Members and Y–70 and Y–10 in Wildlife Management Dated: October 2, 2007. Unit 7, only) Nontribal Hunters). Ducks (including Mergansers): Open David M. Verhey, Season Dates: Open September 1, October 9, through December 21, 2008. Acting Assistant Secretary for Fish and through September 15, 2007. Daily Bag and Possession Limits: Five Wildlife and Parks. Daily Bag and Possession Limits: ducks, including no more than five [FR Doc. E7–20240 Filed 10–12–07; 8:45 am] Three and six pigeons, respectively. mallards (no more than one hen BILLING CODE 4310–55–P

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Part V

The President Proclamation 8189—General Pulaski Memorial Day, 2007

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Federal Register Presidential Documents Vol. 72, No. 198

Monday, October 15, 2007

Title 3— Proclamation 8189 of October 10, 2007

The President General Pulaski Memorial Day, 2007

By the President of the United States of America

A Proclamation More than two hundred years after the death of General Casimir Pulaski, we honor the life and legacy of a Polish patriot and American Revolutionary War soldier who made the ultimate sacrifice for freedom. Casimir Pulaski first demonstrated his devotion to the cause of liberty while defending his native Poland and earned a reputation for courage and resolve. He later met Benjamin Franklin in Paris and learned of America’s struggle for independence. Inspired by freedom’s call, Pulaski joined General George Washington in the American Revolution in 1777 and was soon commissioned as a Brigadier General. General Pulaski recruited and trained a special corps of American, Polish, Irish, French, and German troops, and he became known as ‘‘the Father of the American Cavalry.’’ Although he was mortally wounded at the siege of Savannah in 1779, his legacy lives on. As we celebrate General Pulaski Memorial Day, we honor a son of Poland who stood with our country at the dawn of our independence. Casimir Pulaski’s determined efforts in Poland and America remind us of the great contributions Polish Americans have made to our country. Today, we recog- nize the enduring bond between the Polish and American people, and we are grateful for Poland’s efforts in support of freedom and democracy in Afghanistan and Iraq and in the global war on terror. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 11, 2007, as General Pulaski Memorial Day. I urge Americans to commemorate this occa- sion with appropriate activities and ceremonies honoring General Casimir Pulaski and all those who defend our freedom.

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

[FR Doc. 07–5108 Filed 10–12–07; 8:53 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 72, No. 198 Monday, October 15, 2007

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Administrative Orders: 3 CFR Presidential Documents Memorandums: Executive orders and proclamations 741–6000 Proclamations: Memorandum of The United States Government Manual 741–6000 6641 (See September 28, Proclamation 8180) ...... 56171 2007 ...... 56871 Other Services 8180...... 56171 Presidential Electronic and on-line services (voice) 741–6020 8181...... 56613 Determinations: Privacy Act Compilation 741–6064 8182...... 56615 No. 2007-34 of Public Laws Update Service (numbers, dates, etc.) 741–6043 8183...... 56879 September 28, 8184...... 56881 TTY for the deaf-and-hard-of-hearing 741–6086 2007 ...... 56873 8185...... 57477 No. 2007-35 of 8186...... 57479 September 28, ELECTRONIC RESEARCH 8187...... 57481 2007 ...... 56875 8188...... 57483 World Wide Web 8189...... 58467 5 CFR Full text of the daily Federal Register, CFR and other publications Executive Orders: 894...... 58243 is located at: http://www.gpoaccess.gov/nara/index.html 11145 (Continued by 1201...... 56883 EO 13446)...... 56175 1210...... 56883 Federal Register information and research tools, including Public 11183 (Continued by 1215...... 56883 Inspection List, indexes, and links to GPO Access are located at: EO 13446)...... 56175 1830...... 56617 http://www.archives.gov/federallregister 11287 (Continued by 2634...... 56241 E-mail EO 13446)...... 56175 2638...... 56241 12131 (Continued by Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is EO 13446)...... 56175 352...... 56019 an open e-mail service that provides subscribers with a digital 12196 (Continued by 630...... 58263 form of the Federal Register Table of Contents. The digital form EO 13446)...... 56175 of the Federal Register Table of Contents includes HTML and 12216 (Continued by 7 CFR PDF links to the full text of each document. EO 13446)...... 56175 28...... 56242 To join or leave, go to http://listserv.access.gpo.gov and select 12367 (Continued by 301...... 57195 Online mailing list archives, FEDREGTOC-L, Join or leave the list EO 13446)...... 56175 924...... 58003 (or change settings); then follow the instructions. 12382 (Continued by 984...... 57839 EO 13446)...... 56175 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 12473 (See service that notifies subscribers of recently enacted laws. 6...... 56677 EO 13447) ...... 56179 Ch. VIII...... 56945 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 12905 (Continued by 962...... 56678 and select Join or leave the list (or change settings); then follow EO 13446)...... 56175 the instructions. 12994 (Amended by 8 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot EO 13446)...... 56175 103...... 56832 respond to specific inquiries. 13226 (Continued by 204...... 56832 EO 13446)...... 56175 213a...... 56832 Reference questions. Send questions and comments about the 13231 (Continued by 299...... 56832 Federal Register system to: [email protected] EO 13446)...... 56175 322...... 56832 The Federal Register staff cannot interpret specific documents or 13237 (Continued by regulations. EO 13446)...... 56175 9 CFR 13256 (Continued by 93...... 58375 FEDERAL REGISTER PAGES AND DATE, OCTOBER EO 13446)...... 56175 94...... 58375 13262 (See 95...... 58375 55655–56008...... 1 EO 13447) ...... 56179 96...... 58375 56009–56240...... 2 13265 (Continued by 10 CFR 56241–56616...... 3 EO 13446)...... 56175 56617–56882...... 4 13270 (Continued by 2...... 57416 56883–57194...... 5 EO 13446)...... 56175 20...... 55864 13369 (Revoked by 30...... 55864 57195–57482...... 9 EO 13446)...... 56175 31...... 55864 57483–57838...... 10 13379 32...... 55864 57839–58002...... 11 (See EO 13446) ...... 56175 33...... 55864 58003–58242...... 12 13385 (Superseded in 35...... 55864 58243–58468...... 15 part by EO 13446)...... 56175 50...... 55864, 57416 13386 51...... 57416 (See EO 13446) ...... 56175 52...... 57416 13445...... 56165 61...... 55864 13446...... 56175 62...... 55864 13447...... 56179 72...... 55864

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100...... 57416 558...... 56896 38 CFR 90 ...... 56015, 56923, 57888 110...... 55864 Proposed Rules: 14...... 58009 101...... 55673 150...... 55864 870...... 56702 Proposed Rules: 170...... 55864 1314...... 55712 5...... 56136 48 CFR 171...... 55864 431...... 58190 22 CFR 39 CFR Proposed Rules: 1516...... 56708 Proposed Rules: 171...... 57857 111...... 56901, 57488 1533...... 56708 50...... 56275 601...... 58251 24 CFR 1552...... 56708 52...... 56287 Proposed Rules: 430...... 57254 203...... 56002, 56156 111 ...... 57505, 57506, 57507 Proposed Rules: 49 CFR 11 CFR 5...... 58448 40 CFR 113...... 56245 105...... 55678 26 CFR 9...... 56903 106...... 55678 Proposed Rules: 51...... 55657 100...... 58028 1 ...... 56619, 57487, 58375 107...... 55678 52 ...... 55659, 55664, 55666, 110...... 55678 104...... 58028 602...... 58375 56268, 56623, 56911, 56914, 114...... 58028 Proposed Rules: 130...... 55678 57202, 57207, 57209, 57864, 171...... 55678 1...... 57503 58013, 58016 12 CFR 172...... 55678 301...... 56704 59...... 57215 173...... 55678 201...... 56889 81...... 57207 28 CFR 174...... 55678 204...... 55655 82...... 56628 175...... 55678 218...... 56514 Proposed Rules: 97 ...... 55657, 55666, 56914, 176...... 55678 701...... 56247 16...... 56704 57209 711...... 58248 178...... 55678 29 CFR 141...... 57782 Proposed Rules: 142...... 57782 179...... 55678 233...... 56680 4022...... 58249 180...... 57489, 57492 180...... 55678 4044...... 58249 721...... 56903, 57222 365...... 55697 13 CFR 369...... 55697 30 CFR 750...... 57235 Proposed Rules: 761...... 57235 381...... 55697 124...... 57889 926...... 57822 Proposed Rules: 382...... 55697 938...... 56619 50...... 58030 383...... 55697 14 CFR Proposed Rules: 51...... 55717 384...... 55697 25...... 57842, 57844 250...... 56442 52 ...... 55723, 56312, 56706, 385...... 55697 39 ...... 55657, 56254, 56256, 253...... 56442 56707, 56974, 56975, 57257, 386...... 55697 56258, 56262, 56618, 56890, 254...... 56442 57907, 58031 387...... 55697 56891, 57195, 57848, 57850, 256...... 56442 81...... 56312 388...... 55697 57854, 58005, 58007 780...... 57504 112...... 58378 389...... 55697 71...... 57485, 57486 784...... 57504 180...... 56325 390...... 55697 91...... 57196 816...... 57504 271...... 57258 391...... 55697 95...... 56009 817...... 57504 392...... 55697 97...... 56266, 56894 42 CFR 393...... 55697 31 CFR 119...... 57196 411...... 57634 395...... 55697 121...... 57196 Proposed Rules: 412...... 57634 397...... 55697 135...... 57196 132...... 56680 413...... 57634 571...... 57450 Proposed Rules: 800...... 57900 418...... 55672 Proposed Rules: 39 ...... 56700, 56945, 57502, 489...... 57634 541...... 58268 32 CFR 57890, 57892, 57894, 57896, 1001...... 56632 565...... 56027 58028, 58267 213...... 56011 Proposed Rules: 571 ...... 56713, 57260, 57459 71...... 57898 752...... 56267 71...... 55729 91...... 56947 Proposed Rules: 212...... 56021 44 CFR 50 CFR 15 CFR 64...... 58020 20...... 58452 33 CFR 19...... 57198 65...... 57241 21...... 56926 21...... 57198 117 ...... 56013, 56898, 57487, 67...... 56920, 57245 229...... 57104 22...... 57198 57858, 58250 206...... 57869 635...... 56929, 57104 748...... 56010 165 ...... 56014, 56898, 57200, 207...... 57869 648 ...... 55704, 57104, 57500 57858, 57861, 57863 Proposed Rules: 660 ...... 55706, 55707, 55708, 17 CFR Proposed Rules: 67...... 56975 55709, 56664, 58258 240...... 56514, 56562 110...... 57901 665...... 58259 247...... 56514 117...... 56025, 57904 46 CFR 679 ...... 56016, 56017, 56273, 165...... 56308, 56972 515...... 56272 56274, 56933, 56934, 57252, 18 CFR 169...... 56600 57501, 57888, 58261 Proposed Rules: 47 CFR 697...... 56935 410...... 57255 36 CFR 1...... 56015 Proposed Rules: 806...... 55711 Proposed Rules: 12...... 57879 17 ...... 56979, 57273, 57276, 808...... 55711 Ch. I ...... 58030 22...... 56015 57278, 57511, 57740 24...... 56015 92...... 58274 37 CFR 21 CFR 27...... 56015 216...... 58279 516...... 57199 1...... 57863 53...... 58021 622...... 58031 522...... 56896 Proposed Rules: 64...... 58021 635 ...... 55729, 56036, 56330 556...... 56896, 57199 381...... 57101 76...... 56645 648...... 58280

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REMINDERS Islands, and Palau Enhanced access for small Superfund program: The items in this list were residing in U.S.; published business; comments due National oil and hazardous editorially compiled as an aid 9-14-07 by 10-22-07; published 8- substances contingency to Federal Register users. NATIONAL CREDIT UNION 22-07 [FR 07-04077] plan priorities list; Inclusion or exclusion from ADMINISTRATION ENVIRONMENTAL comments due by 10-24- this list has no legal Credit unions: PROTECTION AGENCY 07; published 9-24-07 [FR E7-18579] significance. Management official Air quality implementation interlocks; threshold plans; approval and FARM CREDIT change; published 10-15- promulgation; various ADMINISTRATION RULES GOING INTO 07 States: Farm credit system: EFFECT OCTOBER 15, Virginia; comments due by NUCLEAR REGULATORY Conservators, receivers, and 2007 10-25-07; published 9-25- voluntary liquidations— COMMISSION 07 [FR E7-18849] Practice and procedure: Subordinated debt; priority COMMERCE DEPARTMENT Air quality implementation of claims; comments Electronic submissions use plans; approval and National Oceanic and due by 10-26-07; in agency hearings; promulgation; various published 9-26-07 [FR Atmospheric Administration published 8-28-07 States; air quality planning Fishery conservation and E7-18965] SECURITIES AND purposes; designation of management: areas: FEDERAL EXCHANGE COMMISSION COMMUNICATIONS Alaska; fisheries of Pennsylvania; comments Securities: COMMISSION Exclusive Economic due by 10-25-07; Zone— Persistent fails to deliver in published 9-25-07 [FR E7- Radio stations; table of certain equity securities; 18844] assignments: Bering Sea and Aleutian reduction; amendments Air pollutants, hazardous; Oregon; comments due by Islands groundfish; (Regulation SHO); national emission standards: 10-22-07; published 9-13- published 9-14-07 published 8-14-07 Clay ceramics 07 [FR E7-17892] ENVIRONMENTAL TRANSPORTATION PROTECTION AGENCY manufacturing, glass GENERAL SERVICES DEPARTMENT manufacturing, and ADMINISTRATION Air quality implementation Federal Aviation secondary nonferrous Federal Acquisition Regulation plans; approval and Administration metals processing; (FAR): promulgation; various comments due by 10-22- States: Air carrier certification and Enhanced access for small operations: 07; published 9-20-07 [FR business; comments due Delaware; published 9-13-07 Flightdeck door monitoring E7-18344] by 10-22-07; published 8- Tennessee; published 9-14- and crew discreet alerting Electric arc furnace 22-07 [FR 07-04077] 07 systems; published 8-15- steelmaking facilities; HEALTH AND HUMAN Hazardous waste program 07 comments due by 10-22- SERVICES DEPARTMENT authorizations: 07; published 9-20-07 [FR Centers for Medicare & E7-18343] Arkansas; published 8-15-07 COMMENTS DUE NEXT Medicaid Services Louisiana; published 8-16-07 Air quality implementation WEEK plans; approval and Medicare and Medicaid: Superfund program: promulgation; various Hospital participation National oil and hazardous AGRICULTURE States: conditions; laboratory substances contingency DEPARTMENT Arkansas; comments due by services; comments due plan priorities; list; by 10-23-07; published 8- Forest Service 10-26-07; published 9-26- published 8-14-07 07 [FR E7-18966] 24-07 [FR E7-16647] National Forest System land HOMELAND SECURITY Air quality implementation HEALTH AND HUMAN and resource management SERVICES DEPARTMENT DEPARTMENT planning: plans; approval and Coast Guard promulgation; various Food and Drug 2005 planning rule, States; air quality planning Administration Ports and waterways safety; implementation; comments regulated navigation areas, purposes; designation of Food for human consumption: due by 10-22-07; areas: safety zones, security published 8-23-07 [FR E7- Dietary supplements and California; comments due by zones, etc.: 16378] ingredients; identity testing 10-26-07; published 9-20- Navy Pier, Chicago, IL; exemption; comments due COMMERCE DEPARTMENT 07 [FR E7-18586] published 10-16-07 by 10-24-07; published 9- National Oceanic and Air quality implementation 17-07 [FR E7-18293] INTERIOR DEPARTMENT Atmospheric Administration plans; approval and HOMELAND SECURITY Fish and Wildlife Service Fishery conservation and promulgation; various DEPARTMENT States: Endangered and threatened management: Coast Guard species: Missouri; comments due by Alaska; fisheries of Ports and waterways safety; 10-26-07; published 9-26- Appalachian monkeyface Exclusive Economic regulated navigation areas, 07 [FR E7-18791] mussel et al.; published Zone— safety zones, security 9-13-07 Gulf of Alaska groundfish; Pesticides; tolerances in food, zones, etc.: Migratory bird hunting: comments due by 10- animal feeds, and raw agricultural commodities: Nawiliwili Harbor, Kauai, HI; Federal Indian reservations, 25-07; published 10-15- comments due by 10-24- Fipronil; comments due by off-reservation trust lands, 07 [FR 07-05066] 07; published 10-3-07 [FR 10-22-07; published 8-22- and ceded lands; Atlantic coastal fisheries— 07-04893] 07 [FR E7-16621] published 10-15-07 American lobster; Methamidophos, etc.; HOMELAND SECURITY LEGAL SERVICES comments due by 10- comments due by 10-26- DEPARTMENT CORPORATION 22-07; published 9-21- 07; published 9-26-07 [FR Transportation Security Aliens; legal assistance 07 [FR E7-18589] E7-18869] Administration restrictions: DEFENSE DEPARTMENT Pyriproxyfen; comments due Civil aviation security: Legal assistance to citizens Federal Acquisition Regulation by 10-22-07; published 8- Secure Flight program; of Micronesia, Marshall (FAR): 22-07 [FR E7-16310] comments due by 10-22-

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07; published 8-23-07 [FR Enhanced access for small Motor vehicle safety 6043. This list is also E7-15960] business; comments due standards: available online at http:// Secure Flight Program; by 10-22-07; published 8- Interior impact occupant www.archives.gov/federal- public meeting; comments 22-07 [FR 07-04077] protection; comments due register/laws.html. due by 10-22-07; TRANSPORTATION by 10-22-07; published 9- published 9-5-07 [FR E7- DEPARTMENT 5-07 [FR 07-04324] The text of laws is not 17607] Federal Aviation Occupant crash protection— published in the Federal INTERIOR DEPARTMENT Administration Child restraint systems; Register but may be ordered Fish and Wildlife Service Airworthiness directives: update; comments due in ‘‘slip law’’ (individual Endangered and threatened Airbus; comments due by by 10-25-07; published pamphlet) form from the species: 10-22-07; published 9-20- 9-25-07 [FR E7-18716] Superintendent of Documents, Critical habitat 07 [FR E7-18540] Occupant protection in U.S. Government Printing Office, Washington, DC 20402 designations— Boeing; comments due by interior impact; side (phone, 202–512–1808). The Bay checkerspot butterfly; 10-22-07; published 9-6- impact protection; phase- text will also be made comments due by 10- 07 [FR E7-17586] in reporting requirements; available on the Internet from 22-07; published 8-22- Bombardier; comments due comments due by 10-26- 07 [FR 07-04060] 07; published 9-11-07 [FR GPO Access at http:// by 10-22-07; published 9- www.gpoaccess.gov/plaws/ Findings on petitions, etc.— 07-04360] 20-07 [FR E7-18539] index.html. Some laws may Polar bear; comments due Fokker; comments due by TREASURY DEPARTMENT not yet be available. by 10-22-07; published 10-22-07; published 9-20- Internal Revenue Service 10-5-07 [FR 07-04946] 07 [FR E7-18553] Income taxes: S. 1983/P.L. 110–94 INTERIOR DEPARTMENT GARMIN International; Limitations on estates or Surface Mining Reclamation comments due by 10-22- trusts; section 67 Pesticide Registration and Enforcement Office 07; published 8-21-07 [FR guidance; comments due Improvement Renewal Act Surface and underground coal E7-16416] by 10-25-07; published 7- (Oct. 9, 2007; 121 Stat. 1000) mining activities: Pilatus Aircraft Ltd.; 27-07 [FR E7-14489] Excess spoil and coal mine comments due by 10-22- TREASURY DEPARTMENT Last List October 3, 2007 waste minimization and 07; published 9-21-07 [FR Practice before the Internal stream buffer zones for E7-18476] Revenue Service; regulatory U.S. waters; comments Sikorsky; comments due by modifications; comments due by 10-23-07; 10-22-07; published 8-21- due by 10-26-07; published Public Laws Electronic published 8-24-07 [FR E7- 07 [FR E7-15980] 9-26-07 [FR E7-18919] 16629] Notification Service Societe de Motorisations (PENS) LIBRARY OF CONGRESS Aeronautiques; comments VETERANS AFFAIRS DEPARTMENT Copyright Royalty Board, due by 10-22-07; Library of Congress published 9-21-07 [FR E7- Organ procurement Noncommercial educational 18412] organizations; information disclosure; comments due PENS is a free electronic mail broadcasting; copyrighted Class D and E airspace; notification service of newly works use; statutory license comments due by 10-22-07; by 10-22-07; published 8- 23-07 [FR E7-16648] enacted public laws. To rates and terms; comments published 9-6-07 [FR 07- subscribe, go to http:// due by 10-26-07; published 04330] listserv.gsa.gov/archives/ 9-26-07 [FR E7-18939] TRANSPORTATION LIST OF PUBLIC LAWS publaws-l.html Correction; comments due DEPARTMENT by 10-26-07; published National Highway Traffic This is a continuing list of Note: This service is strictly 10-5-07 [FR Z7-18939] Safety Administration public bills from the current for E-mail notification of new NATIONAL AERONAUTICS Civil monetary penalties; session of Congress which laws. The text of laws is not AND SPACE inflation adjustment; have become Federal laws. It available through this service. ADMINISTRATION comments due by 10-26-07; may be used in conjunction PENS cannot respond to Federal Acquisition Regulation published 9-26-07 [FR E7- with ‘‘PLUS’’ (Public Laws specific inquiries sent to this (FAR): 19019] Update Service) on 202–741– address.

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

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–062–00097–9) ...... 61.00 Apr. 1, 2007 63 (63.1440–63.6175) .... (869–060–00149–2) ...... 32.00 July 1, 2006 500–599 ...... (869–062–00098–7) ...... 12.00 6 Apr. 1, 2007 63 (63.6580–63.8830) .... (869–060–00150–6) ...... 32.00 July 1, 2006 600–End ...... (869–062–00099–5) ...... 17.00 Apr. 1, 2007 63 (63.8980–End) ...... (869–060–00151–4) ...... 35.00 July 1, 2006 27 Parts: 64–71 ...... (869–062–00153–3) ...... 29.00 July 1, 2007 1–39 ...... (869–062–00100–2) ...... 64.00 Apr. 1, 2007 72–80 ...... (869–060–00153–1) ...... 62.00 July 1, 2006 40–399 ...... (869–062–00101–1) ...... 64.00 Apr. 1, 2007 81–84 ...... (869–062–00155–0) ...... 50.00 July 1, 2007 400–End ...... (869–062–00102–9) ...... 18.00 Apr. 1, 2007 85–86 (85–86.599–99) .... (869–062–00156–8) ...... 61.00 July 1, 2007 86 (86.600–1–End) ...... (869–060–00156–5) ...... 50.00 July 1, 2006 28 Parts: ...... 87–99 ...... (869–060–00157–3) ...... 60.00 July 1, 2006 0–42 ...... (869–062–00103–7) ...... 61.00 July 1, 2007 100–135 ...... (869–062–00159–2) ...... 45.00 July 1, 2007 43–End ...... (869–062–00104–5) ...... 60.00 July 1, 2007 136–149 ...... (869–060–00159–0) ...... 61.00 July 1, 2006 29 Parts: 150–189 ...... (869–060–00160–3) ...... 50.00 July 1, 2006 0–99 ...... (869–062–00105–3) ...... 50.00 9July 1, 2007 190–259 ...... (869–062–00162–2) ...... 39.00 9July 1, 2007 100–499 ...... (869–062–00106–1) ...... 23.00 July 1, 2007 260–265 ...... (869–060–00162–0) ...... 50.00 July 1, 2006 500–899 ...... (869–062–00107–0) ...... 61.00 9July 1, 2007 266–299 ...... (869–060–00163–8) ...... 50.00 July 1, 2006 900–1899 ...... (869–062–00108–8) ...... 36.00 July 1, 2007 300–399 ...... (869–060–00164–6) ...... 42.00 July 1, 2006 1900–1910 (§§ 1900 to 400–424 ...... (869–062–00166–5) ...... 56.00 9July 1, 2007 1910.999) ...... (869–062–00109–6) ...... 61.00 July 1, 2007 425–699 ...... (869–060–00166–2) ...... 61.00 July 1, 2006 1910 (§§ 1910.1000 to 700–789 ...... (869–062–00168–1) ...... 61.00 July 1, 2007 end) ...... (869–062–00110–0) ...... 46.00 July 1, 2007 790–End ...... (869–060–00168–9) ...... 61.00 July 1, 2006 1911–1925 ...... (869–062–00111–8) ...... 30.00 July 1, 2007 41 Chapters: 1926 ...... (869–062–00112–6) ...... 50.00 July 1, 2007 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1927–End ...... (869–062–00113–4) ...... 62.00 July 1, 2007 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 30 Parts: 3–6 ...... 14.00 3 July 1, 1984 1–199 ...... (869–062–00114–2) ...... 57.00 July 1, 2007 7 ...... 6.00 3 July 1, 1984 200–699 ...... (869–062–00115–1) ...... 50.00 July 1, 2007 8 ...... 4.50 3 July 1, 1984 700–End ...... (869–062–00116–9) ...... 58.00 July 1, 2007 9 ...... 13.00 3 July 1, 1984 10–17 ...... 9.50 3 July 1, 1984 31 Parts: 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 0–199 ...... (869–062–00117–7) ...... 41.00 July 1, 2007 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 200–499 ...... (869–062–00118–5) ...... 46.00 July 1, 2007 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 500–End ...... (869–060–00118–2) ...... 62.00 July 1, 2006 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–060–00169–7) ...... 24.00 July 1, 2006 1–39, Vol. I ...... 15.00 2 July 1, 1984 101 ...... (869–062–00171–1) ...... 21.00 July 1, 2007 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–062–00172–0) ...... 56.00 July 1, 2007 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–060–00172–7) ...... 24.00 July 1, 2006 ...... 1–190 (869–062–00120–7) 61.00 July 1, 2007 42 Parts: 191–399 ...... (869–060–00120–4) ...... 63.00 July 1, 2006 1–399 ...... (869–060–00173–5) ...... 61.00 Oct. 1, 2006 400–629 ...... (869–060–00121–2) ...... 50.00 July 1, 2006 400–413 ...... (869–060–00174–3) ...... 32.00 Oct. 1, 2006 630–699 ...... (869–062–00123–1) ...... 37.00 July 1, 2007 414–429 ...... (869–060–00175–1) ...... 32.00 Oct. 1, 2006 700–799 ...... (869–062–00124–0) ...... 46.00 July 1, 2007 430–End ...... (869–060–00176–0) ...... 64.00 Oct. 1, 2006 800–End ...... (869–062–00125–8) ...... 47.00 July 1, 2007 43 Parts: 33 Parts: 1–999 ...... (869–060–00177–8) ...... 56.00 Oct. 1, 2006 1–124 ...... (869–060–00125–5) ...... 57.00 July 1, 2006 1000–end ...... (869–060–00178–6) ...... 62.00 Oct. 1, 2006 125–199 ...... (869–060–00126–3) ...... 61.00 July 1, 2006 200–End ...... (869–062–00128–2) ...... 57.00 July 1, 2007 44 ...... (869–060–00179–4) ...... 50.00 Oct. 1, 2006 34 Parts: 45 Parts: 1–299 ...... (869–062–00129–1) ...... 50.00 July 1, 2007 1–199 ...... (869–060–00180–8) ...... 60.00 Oct. 1, 2006 300–399 ...... (869–062–00130–4) ...... 40.00 July 1, 2007 200–499 ...... (869–060–00181–6) ...... 34.00 Oct. 1, 2006 400–End & 35 ...... (869–060–00130–1) ...... 61.00 8 July 1, 2006 500–1199 ...... (869–060–00182–4) ...... 56.00 Oct. 1, 2006 1200–End ...... (869–060–00183–2) ...... 61.00 Oct. 1, 2006 36 Parts: 1–199 ...... (869–062–00132–1) ...... 37.00 July 1, 2007 46 Parts: 200–299 ...... (869–062–00133–9) ...... 37.00 July 1, 2007 1–40 ...... (869–060–00184–1) ...... 46.00 Oct. 1, 2006 300–End ...... (869–060–00133–6) ...... 61.00 July 1, 2006 41–69 ...... (869–060–00185–9) ...... 39.00 Oct. 1, 2006 70–89 ...... (869–060–00186–7) ...... 14.00 Oct. 1, 2006 37 ...... (869–062–00135–5) ...... 58.00 July 1, 2007 90–139 ...... (869–060–00187–5) ...... 44.00 Oct. 1, 2006 38 Parts: 140–155 ...... (869–060–00188–3) ...... 25.00 Oct. 1, 2006 0–17 ...... (869–062–00136–3) ...... 60.00 July 1, 2007 156–165 ...... (869–060–00189–1) ...... 34.00 Oct. 1, 2006 18–End ...... (869–060–00136–1) ...... 62.00 July 1, 2006 166–199 ...... (869–060–00190–5) ...... 46.00 Oct. 1, 2006 ...... 39 ...... (869–062–00138–0) ...... 42.00 July 1, 2007 200–499 (869–060–00191–3) 40.00 Oct. 1, 2006 500–End ...... (869–060–00192–1) ...... 25.00 Oct. 1, 2006 40 Parts: 47 Parts: 1–49 ...... (869–060–00138–7) ...... 60.00 July 1, 2006 ...... 50–51 ...... (869–062–00140–1) ...... 45.00 July 1, 2007 0–19 (869–060–00193–0) 61.00 Oct. 1, 2006 ...... 52 (52.01–52.1018) ...... (869–062–00141–0) ...... 60.00 July 1, 2007 20–39 (869–060–00194–8) 46.00 Oct. 1, 2006 ...... 52 (52.1019–End) ...... (869–062–00142–8) ...... 64.00 July 1, 2007 40–69 (869–060–00195–6) 40.00 Oct. 1, 2006 ...... 53–59 ...... (869–060–00142–5) ...... 31.00 July 1, 2006 70–79 (869–060–00196–4) 61.00 Oct. 1, 2006 ...... 60 (60.1–End) ...... (869–062–00144–4) ...... 58.00 July 1, 2007 80–End (869–060–00197–2) 61.00 Oct. 1, 2006 60 (Apps) ...... (869–062–00145–2) ...... 57.00 July 1, 2007 48 Chapters: 61–62 ...... (869–062–00146–1) ...... 45.00 July 1, 2007 1 (Parts 1–51) ...... (869–060–00198–1) ...... 63.00 Oct. 1, 2006 63 (63.1–63.599) ...... (869–060–00146–8) ...... 58.00 July 1, 2006 1 (Parts 52–99) ...... (869–060–00199–9) ...... 49.00 Oct. 1, 2006 63 (63.600–63.1199) ...... (869–060–00147–6) ...... 50.00 July 1, 2006 2 (Parts 201–299) ...... (869–060–00200–6) ...... 50.00 Oct. 1, 2006 63 (63.1200–63.1439) .... (869–060–00148–4) ...... 50.00 July 1, 2006 3–6 ...... (869–060–00201–4) ...... 34.00 Oct. 1, 2006

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Title Stock Number Price Revision Date 7–14 ...... (869–060–00202–2) ...... 56.00 Oct. 1, 2006 15–28 ...... (869–060–00203–1) ...... 47.00 Oct. 1, 2006 29–End ...... (869–060–00204–9) ...... 47.00 Oct. 1, 2006 49 Parts: 1–99 ...... (869–060–00205–7) ...... 60.00 Oct. 1, 2006 100–185 ...... (869–060–00206–5) ...... 63.00 Oct. 1, 2006 186–199 ...... (869–060–00207–3) ...... 23.00 Oct. 1, 2006 200–299 ...... (869–060–00208–1) ...... 32.00 Oct. 1, 2006 300–399 ...... (869–060–00209–0) ...... 32.00 Oct. 1, 2006 400–599 ...... (869–060–00210–3) ...... 64.00 Oct. 1, 2006 600–999 ...... (869–060–00211–1) ...... 19.00 Oct. 1, 2006 1000–1199 ...... (869–060–00212–0) ...... 28.00 Oct. 1, 2006 1200–End ...... (869–060–00213–8) ...... 34.00 Oct. 1, 2006 50 Parts: 1–16 ...... (869–060–00214–6) ...... 11.00 10 Oct. 1, 2006 17.1–17.95(b) ...... (869–060–00215–4) ...... 32.00 Oct. 1, 2006 17.95(c)–end ...... (869–060–00216–2) ...... 32.00 Oct. 1, 2006 17.96–17.99(h) ...... (869–060–00217–1) ...... 61.00 Oct. 1, 2006 17.99(i)–end and 17.100–end ...... (869–060–00218–9) ...... 47.00 10 Oct. 1, 2006 18–199 ...... (869–060–00219–7) ...... 50.00 Oct. 1, 2006 200–599 ...... (869–060–00220–1) ...... 45.00 Oct. 1, 2006 600–659 ...... (869–060–00221–9) ...... 31.00 Oct. 1, 2006 660–End ...... (869–060–00222–7) ...... 31.00 Oct. 1, 2006 CFR Index and Findings Aids ...... (869–062–00050–2) ...... 62.00 Jan. 1, 2007 Complete 2007 CFR set ...... 1,389.00 2007 Microfiche CFR Edition: Subscription (mailed as issued) ...... 332.00 2007 Individual copies ...... 4.00 2007 Complete set (one-time mailing) ...... 332.00 2006 Complete set (one-time mailing) ...... 325.00 2005 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2005, through January 1, 2006. The CFR volume issued as of January 1, 2005 should be retained. 5 No amendments to this volume were promulgated during the period January 1, 2006, through January 1, 2007. The CFR volume issued as of January 6, 2006 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2006. The CFR volume issued as of April 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period April 1, 2006 through April 1, 2007. The CFR volume issued as of April 1, 2006 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2005, through July 1, 2006. The CFR volume issued as of July 1, 2005 should be retained. 9 No amendments to this volume were promulgated during the period July 1, 2006, through July 1, 2007. The CFR volume issued as of July 1, 2006 should be retained. 10 No amendments to this volume were promulgated during the period October 1, 2005, through October 1, 2006. The CFR volume issued as of October 1, 2005 should be retained.

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