11–13–07 Tuesday Vol. 72 No. 218 Nov. 13, 2007

Pages 63783–63966

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Contents Federal Register Vol. 72, No. 218

Tuesday, November 13, 2007

Agriculture Department Employment and Training Administration See Animal and Plant Health Inspection Service NOTICES See Food and Nutrition Service Adjustment assistance; applications, determinations, etc.: Management Business Solutions, LLC, 63929–63930 Animal and Plant Health Inspection Service Precision Industries, 63930 RULES Solutia, Inc., 63931 Exportation and importation of animals and animal Southern Weaving Co., 63931–63932 products: Tifton Aluminum Co., 63932 Rinderpest and foot-and-mouth disease; disease status change— Energy Department Uruguay, 63796–63797 See Energy Efficiency and Renewable Energy Office NOTICES NOTICES Agency information collection activities; proposals, Boundary establishment, descriptions, etc.: submissions, and approvals, 63873–63874 Oak Ridge National Laboratory, TN; revision, 63893 Environmental statements; availability, etc.: Meetings: Imported fire ant; importation, 63874 Environmental Management Site-Specific Advisory Board— Centers for Disease Control and Prevention Savannah River Site, SC, 63893–63894 NOTICES Meetings: Energy Efficiency and Renewable Energy Office Injury Prevention and Control Advisory Committee, NOTICES 63901–63902 Meetings: National Institute for Occupational Safety and Health— Biomass Research and Development Technical Advisory Scientific Counselors Board, 63902 Committee, 63894 Environmental Protection Agency Centers for Medicare & Medicaid Services PROPOSED RULES NOTICES Air quality implementation plans Privacy Act; systems of records, 63902–63911 Preparation, adoption, and submittal— Children and Families Administration Prevention of significant deterioration and nonattainment new source review; fugitive NOTICES emissions inclusion; reconsideration, 63850–63866 Agency information collection activities; proposals, NOTICES submissions, and approvals, 63911–63915 Agency information collection activities; proposals, Grant and cooperative agreement awards: submissions, and approvals, 63895–63896 Public Strategies, Inc., 63915 Meetings: Total Coliform Rule Distribution System Advisory Coast Guard Committee, 63896 PROPOSED RULES Regattas and marine parades: Executive Office of the President Seventh Coast Guard District; recurring marine events, See Management and Budget Office 63839–63850 See Presidential Documents Commerce Department Federal Aviation Administration See International Trade Administration RULES See National Oceanic and Atmospheric Administration Aircraft: Production and airworthiness approval requirements; Defense Department standardization, 63797–63800 See Navy Department Airworthiness directives: NOTICES Airbus; correction, 63805 Senior Executive Service Performance Review Board; Boeing, 63800–63805 membership, 63890–63891 PROPOSED RULES Airworthiness directives: Education Department Boeing, 63831–63833 NOTICES Bombardier, 63827–63829, 63834–63836 Agency information collection activities; proposals, Dassault, 63829–63831 submissions, and approvals; correction, 63892 McDonnell Douglas, 63836–63838 Meetings: National Mathematics Advisory Panel, 63892–63893 Federal Communications Commission RULES Election Assistance Commission Radio frequency devices: NOTICES Ultra-wideband transmission systems; unlicensed Sunshine Act Meeting, 63893 operation; correction, 63823

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Radio stations; table of assignments: NOTICES Kentucky, 63823 Meetings: PROPOSED RULES Closed circuit television (CCTV); privacy best practices Radio services, special: development; workshop, 63918–63919 Private land mobile services— 800 MHz band; improving public safety Housing and Urban Development Department communications, 63869–63871 NOTICES Radio stations; table of assignments: Privacy Act; systems of records, 63919–63921 Arizona, 63866–63867 California, 63867–63868 Indian Affairs Bureau Oklahoma, 63868–63869 NOTICES NOTICES Reservation establishment, additions, etc. Agency information collection activities; proposals, Nottawaseppi Huron Band of Potawatomi Indians of submissions, and approvals, 63896–63898 Michigan, 63924

Federal Election Commission Interior Department NOTICES See Fish and Wildlife Service Meetings; Sunshine Act, 63898 See Indian Affairs Bureau See Land Management Bureau Federal Highway Administration See National Park Service NOTICES Environmental statements; notice of intent: Internal Revenue Service Davidson County, TN, 63957 RULES Income taxes: Federal Reserve System Employer-owned life insurance contracts; information NOTICES reporting requirements, 63806–63807 Banks and bank holding companies: Railroad track maintenance credit, 63813–63822 Change in bank control, 63898–63899 Procedure and administration: Corporate income tax returns and organizations filing Fish and Wildlife Service returns under section 6033; magnetic media requirement, 63807–63813 NOTICES PROPOSED RULES Environmental statements; availability, etc.: Income taxes: Migrant peregrine falcons in U.S.; take for use in Employer owned life insurance contracts; information falconry, 63921 reporting requirements, 63838–63839 Riverside County, CA; Coachella Valley multiple species NOTICES habitat conservation plan and natural community Agency information collection activities; proposals, conservation plan, 63922–63924 submissions, and approvals, 63958

Food and Nutrition Service International Trade Administration RULES NOTICES Child nutrition programs: Antidumping: National School Lunch, Special Milk and School Orange juice from— Breakfast Programs— Brazil, 63874–63875 Free and reduced price meals, 63785–63796 Countervailing duties: Circular welded carbon quality steel pipe from— Health and Human Services Department China, 63875–63886 See Centers for Disease Control and Prevention North American Free Trade Agreement (NAFTA); See Centers for Medicare & Medicaid Services binational panel reviews: See Children and Families Administration Gray portland cement and clinker from— See National Institutes of Health Mexico, 63886–63887 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities; proposals, Battelle Memorial Institute et al., 63875 submissions, and approvals, 63899 Meetings: International Trade Commission Chronic Fatigue Syndrome Advisory Committee, 63899– NOTICES 63900 Meetings; Sunshine Act, 63926 National Toxicology Program: Carcinogens Report— Justice Department Botanical products containing aristolochic acid and NOTICES aristolochic acid and riddelliine; aristolochic acid Agency information collection activities; proposals, related exposures and riddelliine; expert panel submissions, and approvals, 63927–63929 mee, 63900–63901 Labor Department Homeland Security Department See Employment and Training Administration See Coast Guard NOTICES See Transportation Security Administration Agency information collection activities; proposals, See U.S. Customs and Border Protection submissions, and approvals, 63929

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Land Management Bureau Navy Department NOTICES NOTICES Closure of public lands: Environmental statements; notice of intent: Oregon, 63924–63926 Three NIMITZ-class aircraft carriers in support of U.S. Meetings: Pacific Fleet; home port facilities development, Resource Advisory Councils— 63891 Northwest Colorado, 63926 Meetings: Naval Academy, Board of Visitors, 63891 Management and Budget Office Patent licenses; non-exclusive, exclusive, or partially RULES exclusive: Grants and cooperative agreements: Electro-Optic Instruments, Inc., 63891–63892 Trafficking in persons, 63783–63785 Nuclear Regulatory Commission Maritime Administration NOTICES NOTICES Environmental statements; availability, etc.: Coastwise trade laws; administrative waivers: Rio Algom Mining LLC, 63934–63935 CROWN JEWEL, 63957–63958 Reports and guidance documents; availability, etc.: Materials licenses; program-specific guidance about National Credit Union Administration possession licenses for production of radioactive NOTICES material using an accelerator; consolidated guidance, Meetings; Sunshine Act, 63932 63942–63943 Technical specification improvement to revise control National Institutes of Health rod notch surveillance frequency; model safety NOTICES evaluation, 63935–63942 Meetings: Applications, hearings, determinations, etc.: National Center for Complementary and Alternative Entergy Nuclear Vermont Yankee, LLC, et al., 63933– Medicine, 63915 63934 National Heart, Lung, and Blood Institute, 63915–63916 National Institute of Allergy and Infectious Diseases, Office of Management and Budget 63917 See Management and Budget Office National Institute of Child Health and Human Development, 63916–63917 Personnel Management Office National Institute of Dental and Craniofacial Research, NOTICES 63916 Privacy Act; systems of records; correction, 63960 National Institute of Neurological Disorders and Stroke, 63916 Presidential Documents Recombinant DNA Advisory Committee, 63917–63918 ADMINISTRATIVE ORDERS National Oceanic and Atmospheric Administration Iran; continuation of national emergency (Notice of November 8, 2007), 63965 RULES Weapons of mass destruction; continuation of national Marine mammals: emergency (Notice of November 8, 2007), 63961–63963 Commercial fishing authorizations— Atlantic Large Whale Take Reduction Plan, 63824– Securities and Exchange Commission 63826 PROPOSED RULES NOTICES Fishery conservation and management: Self-regulatory organizations; proposed rule changes: Alaska; fisheries of Exclusive Economic Zone— Chicago Board Options Exchange, Inc., 63944–63945 Bering Sea and Aleutian Islands groundfish, crab, Financial Industry Regulatory Authority, Inc., 63945– salmon, and scallop, 63871–63872 63946 NOTICES New York Stock Exchange, LLC, 63946–63950 Grants and cooperative agreements; availability, etc.: Sustainable Fisheries Leadership Awards Program, Social Security Administration 63887–63888 NOTICES Reports and guidance documents; availability, etc.: Meetings: U.S. Atlantic and Gulf of Mexico small coastal sharks; Ticket to Work and Work Incentives Advisory Panel, stock assessment, 63888–63889 63950 Scientific research permit applications, determinations, etc., 63889–63890 State Department NOTICES National Park Service Agency information collection activities; proposals, NOTICES submissions, and approvals; correction, 63960 National Register of Historic Places; pending nominations, Culturally significant objects imported for exhibition: 63926 Projects 86: Gert & Uwe Tobias, 63950 Meetings: National Science Foundation Fine Arts Committee, 63951 NOTICES International Telecommunication Advisory Committee, Agency information collection activities; proposals, 63951 submissions, and approvals, 63932–63933 Private International Law Advisory Committee, 63951

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Transportation Department Veterans Affairs Department See Federal Aviation Administration NOTICES See Federal Highway Administration Meetings: See Maritime Administration Environmental Hazards Advisory Committee, 63959 NOTICES Grants and cooperative agreements; availability, etc.: Congestion-Reduction Demonstration Initiatives, 63951– 63956 Separate Parts In This Issue Meetings: Intelligent Transportation Systems Program Advisory Committee, 63956–63957 Part II Executive Office of the President, Presidential Documents, Transportation Security Administration 63961–63963, 63965 NOTICES Transportation Worker Identification Credential Program: Enrollment dates for Port of Houston, TX et al., 63919 Treasury Department Reader Aids See Internal Revenue Service Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, U.S. Customs and Border Protection and notice of recently enacted public laws. RULES To subscribe to the Federal Register Table of Contents Automated Commercial Environment Truck Manifest LISTSERV electronic mailing list, go to http:// System: listserv.access.gpo.gov and select Online mailing list Advance electronic truck cargo information; ports of archives, FEDREGTOC-L, Join or leave the list (or change entry— settings); then follow the instructions. Alaska, 63805–63806

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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.

2 CFR 73...... 63823 175...... 63783 Proposed Rules: 3 CFR 73 (4 documents) ...... 63866, Executive Orders: 63867, 63868 12170 (See Notice of 90...... 63869 Nov. 8, 2007: 50 CFR National Emergency 229...... 63824 With Iran) ...... 63965 Proposed Rules: 12938 (See Notice of 679...... 63871 Nov. 8, 2007: Emergency Regarding Weapons of Mass Destruction)...... 63963 13094 (See Notice of Nov. 8, 2007: Emergency Regarding Weapons of Mass Destruction)...... 63963 13382 (See Notice of Nov. 8, 2007: Emergency Regarding Weapons of Mass Destruction)...... 63963 Administrative Orders: Notices: Notice of November 8, 2007 (Emergency Regarding Weapons of Mass Destruction)...... 63963 Notice of November 8, 2007 (National Emergency With Iran)...... 63965 7 CFR 210...... 63785 215...... 63785 220...... 63785 235...... 63785 245...... 63785 9 CFR 94...... 63796 14 CFR 21...... 63797 39 (2 documents) ...... 63800, 63805 Proposed Rules: 39 (5 documents) ...... 63827, 63829, 63831, 63834, 63836 19 CFR 123...... 63805 26 CFR 1 (3 documents) ...... 63806, 63807, 63813 301...... 63807 602...... 63813 Proposed Rules: 1...... 63838 33 CFR Proposed Rules: 100...... 63839 40 CFR Proposed Rules: 51...... 63850 52...... 63850 47 CFR 15...... 63823

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Rules and Regulations Federal Register Vol. 72, No. 218

Tuesday, November 13, 2007

This section of the FEDERAL REGISTER your name, title, organization, postal respect to grants and cooperative contains regulatory documents having general address, telephone number, and e-mail agreements.’’ applicability and legal effect, most of which address in the text of the message. are keyed to and codified in the Code of Section 106(g) was subsequently Comments may also be submitted via amended in the Trafficking Victims Federal Regulations, which is published under facsimile to (202) 395–3952 or by mail 50 titles pursuant to 44 U.S.C. 1510. Protection Reauthorization Act of 2005 at 725 17th St., NW., Room 6025, (Pub. L. No. 109–164). Section 201(b) of The Code of Federal Regulations is sold by Washington, DC 20503. this Act repealed the language that had the Superintendent of Documents. Prices of FOR FURTHER INFORMATION CONTACT: previously stated that subsection (g) new books are listed in the first FEDERAL Marguerite Pridgen, Office of Federal applied with respect to ‘‘category 150’’ REGISTER issue of each week. Financial Management, Office of funding. As a result, section 106(g) now Management and Budget, telephone applies to all Federal grants and (202) 395–7844 (direct) or (202) 395– OFFICE OF MANAGEMENT AND cooperative agreements under which 3993 (main office) and e-mail: BUDGET funds would be provided to private [email protected]. entities. In implementing Section 106(g), as 2 CFR Part 175 SUPPLEMENTARY INFORMATION: amended, it is important to ensure Trafficking in Persons: Grants and I. Background effective government-wide Cooperative Agreements In the Trafficking Victims Protection implementation of this national policy. Reauthorization Act of 2003 (Pub. L. To that end, we are issuing, on an AGENCY: Office of Federal Financial interim final basis, a Government-wide Management, Office of Management and 108–193, § 3), Congress amended the Trafficking Victims Protection Act of standard award term (and related Budget. guidance) on trafficking in persons for ACTION: Interim final guidance. 2000 (TVPA; Pub. L. No. 106–386, Div. A). One of the amendments was the agencies to include in their grants and SUMMARY: The Office of Federal addition of a new paragraph (g) to cooperative agreements. This award Financial Management (OFFM) is section 106 of the TVPA (Section 106 is term was developed by an interagency establishing a government-wide award codified at 22 U.S.C. 7104). Paragraph workgroup under the Grants Policy term for agencies to include in grants (g) provides that: Committee of the Chief Financial Officers Council. and cooperative agreements as part of ‘‘Any grant, contract, or cooperative their implementation of paragraph (g) of agreement provided or entered into by a II. Next Steps section 106 of the Trafficking Victims Federal department or agency under which We will consider all comments Protection Act of 2000, as amended (22 funds are to be provided to a private entity, received on the interim final version of U.S.C. 7104). In each award under in whole or in part, shall include a condition the OMB guidance as we develop the which funding is provided to a private that authorizes the department or agency to final guidance. Federal agencies that entity, the statute requires the awarding terminate the grant, contract, or cooperative award grants or cooperative agreements agency to include a condition agreement, without penalty, if the grantee or any subgrantee, or the contractor or any will implement the guidance through authorizing termination of the award if subcontractor (i) engages in severe forms of appropriate regulations and award the recipient or a subrecipient engages trafficking in persons or has procured a terms. in certain activities related to trafficking commercial sex act during the period of time in persons. that the grant, contract, or cooperative List of Subjects in 2 CFR Part 175 DATES: The effective date for this agreement is in effect, or (ii) uses forced labor Administrative practice and interim final guidance is December 13, in the performance of the grant, contract, or procedure, Colleges and universities, cooperative agreement.’’ 2007. To be considered in preparation of Cooperative agreements, Grant the final guidance, comments on the As originally added in 2003, subsection programs, Grants administration, interim final guidance must be received (g) applied to ‘‘funds made available to Hospitals, Indians—tribal government, by January 14, 2008. carry out any program, project, or Industry, Nonprofit organizations, State ADDRESSES: Due to potential delays in activity abroad funded under major and local governments, Trafficking in OMB’s receipt and processing of mail functional budget category 150 (relating persons. sent through the U.S. Postal Service, we to international affairs).’’ Following the encourage respondents to submit enactment of the 2003 Act, the President Danny Werfel, comments electronically to ensure issued Executive Order (EO) No. 13333 Acting Controller. timely receipt. We cannot guarantee that (69 FR 13455; March 23, 2004), which I For the reasons set forth above, the comments mailed will be received implemented this new subsection 106(g) Office of Management and Budget before the comment closing date. by amending EO No. 13257. One of the amends 2 CFR chapter I by adding a part Electronic mail comments may be amendments to EO 13257 was the 175 to read as follows: submitted to: [email protected]. addition of a new Section 5 (‘‘Enhanced Please include ‘‘OMB Trafficking in Prevention of Trafficking in Persons’’), PART 175—AWARD TERM FOR Persons guidance’’ in the subject line of which provides in part that ‘‘[e]ach TRAFFICKING IN PERSONS your e-mail message. Also, please affected executive branch department or Sec. include the full body of your comments agency shall implement, within that 175.5 Purpose of this part. in the text of the electronic message, as department or agency, the requirements 175.10 Statutory requirement. well as in an attachment. Please include set out in section 106(g) of the Act with 175.15 Award term.

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175.20 Referral. penalty, if you or a subrecipient that is a including, but not limited to, a volunteer or 175.25 Definitions. private entity — individual whose services are contributed by i. Is determined to have violated a a third party as an in-kind contribution Authority: 22 U.S.C. 7104(g); 31 U.S.C. prohibition in paragraph a.1 of this award toward cost sharing or matching 503; 31 U.S.C. 1111; 41 U.S.C. 405; term; or requirements. Reorganization Plan No. 2 of 1970; E.O. ii. Has an employee who is determined by 2. ‘‘Forced labor’’ means labor obtained by 11541, 35 FR 10737, 3 CFR, 1966–1970, p. the agency official authorized to terminate any of the following methods: the 939. the award to have violated a prohibition in recruitment, harboring, transportation, § 175.5 Purpose of this part. paragraph a.1 of this award term through provision, or obtaining of a person for labor conduct that is either— or services, through the use of force, fraud, This part establishes a A. Associated with performance under this or coercion for the purpose of subjection to Governmentwide award term for grants award; or involuntary servitude, peonage, debt and cooperative agreements to B. Imputed to you or the subrecipient using bondage, or slavery. implement the requirement in the standards and due process for imputing 3. ‘‘Private entity’’: paragraph (g) of section 106 of the the conduct of an individual to an i. Means any entity other than a State, local Trafficking Victims Protection Act of organization that are provided in 2 CFR part government, Indian tribe, or foreign public 2000 (TVPA), as amended (22 U.S.C. 180, ‘‘OMB Guidelines to Agencies on entity, as those terms are defined in 2 CFR Governmentwide Debarment and Suspension 175.25. 7104(g)). (Nonprocurement),’’ as implemented by our ii. Includes: § 175.10 Statutory requirement. agency at [agency must insert reference here A. A nonprofit organization, including any to its regulatory implementation of the OMB nonprofit institution of higher education, In each agency award (i.e., grant or guidelines in 2 CFR part 180 (e.g., ‘‘2 CFR hospital, or tribal organization other than one cooperative agreement) under which part XX’’)]. included in the definition of Indian tribe at funding is provided to a private entity, b. Provision applicable to a recipient other 2 CFR 175.25(b). section 106(g) of the TVPA, as amended, than a private entity. We as the Federal B. A for-profit organization. requires the agency to include a awarding agency may unilaterally terminate 4. ‘‘Severe forms of trafficking in persons,’’ condition that authorizes the agency to this award, without penalty, if a subrecipient ‘‘commercial sex act,’’ and ‘‘coercion’’ have terminate the award, without penalty, if that is a private entity— the meanings given at section 103 of the the recipient or a subrecipient— 1. Is determined to have violated an TVPA, as amended (22 U.S.C. 7102). applicable prohibition in paragraph a.1 of (c) An agency may use different letters (a) Engages in severe forms of this award term; or trafficking in persons during the period 2. Has an employee who is determined by and numbers to designate the of time that the award is in effect; the agency official authorized to terminate paragraphs of the award term in (b) Procures a commercial sex act the award to have violated an applicable paragraph (b) of this section, if during the period of time that the award prohibition in paragraph a.1 of this award necessary, to conform the system of is in effect; or term through conduct that is either— paragraph designations with the one (c) Uses forced labor in the i. Associated with performance under this used in other terms and conditions in performance of the award or subawards award; or the agency’s awards. ii. Imputed to the subrecipient using the under the award. standards and due process for imputing the § 175.20 Referral. § 175.15 Award term. conduct of an individual to an organization An agency official should inform the that are provided in 2 CFR part 180, ‘‘OMB (a) To implement the trafficking in agency’s suspending or debarring Guidelines to Agencies on Governmentwide official if he or she terminates an award persons requirement in section 106(g) of Debarment and Suspension the TVPA, as amended, a Federal (Nonprocurement),’’ as implemented by our based on a violation of a prohibition awarding agency must include the agency at [agency must insert reference here contained in the award term under award term in paragraph (b) of this to its regulatory implementation of the OMB § 175.15. section in— guidelines in 2 CFR part 180 (e.g., ‘‘2 CFR part XX’’)]. § 175.25 Definitions. (1) A grant or cooperative agreement Terms used in this part are defined as to a private entity, as defined in c. Provisions applicable to any recipient. 1. You must inform us immediately of any follows: § 175.25(d); and information you receive from any source (a) Foreign public entity means: (2) A grant or cooperative agreement alleging a violation of a prohibition in (1) A foreign government or foreign to a State, local government, Indian tribe paragraph a.1 of this award term. governmental entity; or foreign public entity, if funding could 2. Our right to terminate unilaterally that (2) A public international be provided under the award to a is described in paragraph a.2 or b of this organization, which is an organization private entity as a subrecipient. section: entitled to enjoy privileges, exemptions, (b) The award term that an agency i. Implements section 106(g) of the and immunities as an international must include, as described in paragraph Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and organization under the International (a) of this section, is: ii. Is in addition to all other remedies for Organizations Immunities Act (22 I. Trafficking in persons. noncompliance that are available to us under U.S.C. 288–288f); a. Provisions applicable to a recipient that this award. (3) An entity owned (in whole or in is a private entity. 3. You must include the requirements of part) or controlled by a foreign 1. You as the recipient, your employees, paragraph a.1 of this award term in any government; and subrecipients under this award, and subaward you make to a private entity. (4) Any other entity consisting wholly subrecipients’ employees may not— d. Definitions. For purposes of this award or partially of one or more foreign i. Engage in severe forms of trafficking in term: governments or foreign governmental persons during the period of time that the 1. ‘‘Employee’’ means either: entities. award is in effect; i. An individual employed by you or a (b) Indian tribe means any Indian ii. Procure a commercial sex act during the subrecipient who is engaged in the period of time that the award is in effect; or performance of the project or program under tribe, band, nation, or other organized iii. Use forced labor in the performance of this award; or group or community, including any the award or subawards under the award. ii. Another person engaged in the Alaskan Native village or regional or 2. We as the Federal awarding agency may performance of the project or program under village corporation (as defined in, or unilaterally terminate this award, without this award and not compensated by you established under, the Alaskan Native

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Claims Settlement Act (43 U.S.C. 1601, DEPARTMENT OF AGRICULTURE • Mail: Address comments to Mr. et seq.)) that is recognized by the United Robert M. Eadie, Chief, Policy and States as eligible for the special Food and Nutrition Service Program Planning Branch, Child programs and services provided by the Nutrition Division, Food and Nutrition United States to Indians because of their 7 CFR Parts 210, 215, 220, 235 and 245 Service, Department of Agriculture, status as Indians. [FNS–2007–0023] 3101 Park Center Drive, Room 640, Alexandria, Virginia 22302–1594. (c) Local government means a: RIN 0584–AD54 • Fax: Submit comments by facsimile (1) County; transmission to: (703) 305–2879, Applying for Free and Reduced Price (2) Borough; attention Mr. Robert M. Eadie. Meals in the National School Lunch • Hand Delivery or Courier: Deliver (3) Municipality; Program and School Breakfast comments to 3101 Park Center Drive, (4) City; Program and for Benefits in the Room 640, Alexandria, Virginia 22302– Special Milk Program and Technical (5) Town; 1594, during normal business hours of Amendments 8:30 a.m.–5 p.m. (6) Township; AGENCY: Food and Nutrition Service, All comments submitted in response (7) Parish; USDA. to this interim rule will be included in (8) Local public authority, including ACTION: Interim Rule. the record and will be made available to any public housing agency under the the public. Please be advised that the United States Housing Act of 1937; SUMMARY: This interim rule amends the substance of the comments and the regulations on eligibility determinations identity of the individuals or entities (9) Special district; for free and reduced price school meals submitting the comments will be subject (10) School district; to implement nondiscretionary to public disclosure. All submissions (11) Intrastate district; provisions of the Child Nutrition and will be available for public inspection at WIC Reauthorization Act of 2004. In this the address noted above Monday (12) Council of governments, whether interim rule, the statutory definition of through Friday, 8:30 a.m.–5 p.m. The or not incorporated as a nonprofit ‘‘local educational agency’’ is added. In Department may also make the corporation under State law; and addition, this interim rule specifies that comments available on the Federal (13) Any other instrumentality of a a family only has to submit one eRulemaking portal. local government. application for all children in the FOR FURTHER INFORMATION CONTACT: Mr. (d) Private entity. household as long as they attend Robert Eadie, Child Nutrition Division, schools in the same local educational (1) This term means any entity other Food and Nutrition Service at 703–305– agency and requires enhancement of the 2590. than a State, local government, Indian descriptive materials distributed to SUPPLEMENTARY INFORMATION: tribe, or foreign public entity. families. This rule provides for (2) This term includes: electronically-submitted applications, I. Background (i) A nonprofit organization, including addresses electronic signatures and Public Law 108–265, the Child any nonprofit institution of higher establishes use and disclosure standards Nutrition and WIC Reauthorization Act education, hospital, or tribal for such applications. This rule of 2004, enacted June 30, 2004, establishes that eligibility for free or organization other than one included in amended the Richard B. Russell reduced price school meals remains the definition of Indian tribe in National School Lunch Act (NSLA) (42 valid for one year unless the household paragraph (b) of this section. U.S.C. 1751 et seq.) and the Child chooses to decline a level of benefits. Nutrition Act of 1966 (CNA) (42 U.S.C. (ii) A for-profit organization. These changes are intended to provide 1771 et seq.) concerning applications for (e) State, consistent with the children with increased access to the free and reduced price meals under the definition in section 103 of the TVPA, school nutrition programs by National School Lunch Program and the as amended (22 U.S.C. 7102), means: simplifying the certification process, School Breakfast Program, and for free streamlining program operations and (1) Any State of the United States; milk under the Special Milk Program for improving program management. Children. Please note that while the (2) The District of Columbia; DATES: Effective date: This rule is application and certification procedures (3) Any agency or instrumentality of effective December 13, 2007. apply to the Special Milk Program, the a State other than a local government or Comment date: To be assured of preamble will only discuss free and State-controlled institution of higher consideration, mailed comments must reduced price meal benefits, as only a education; be postmarked on or before May 12, very small number of children 2008; e-mailed or faxed comments must (4) The Commonwealths of Puerto participate in the Special Milk Program. be submitted by 11:59 p.m. May 12, However, this interim rule makes Rico and the Northern Mariana Islands; 2008; and hand-delivered comments and appropriate changes to the Special Milk must be received by 5 p.m. May 12, Program regulations. All references to (5) The United States Virgin Islands, 2008. regulatory citations in this preamble are Guam, American Samoa, and a territory ADDRESSES: The Food and Nutrition to Title 7, United States Code unless or possession of the United States. Service invites interested persons to otherwise indicated. [FR Doc. E7–22056 Filed 11–9–07; 8:45 am] submit comments on this interim rule. In response to the statutorily imposed effective dates established by sections BILLING CODE 3110–01–P Comments may be submitted by any of the following methods: 501 and 502 of Public Law 108–265, the • Federal eRulemaking Portal: Go to Department of Agriculture (USDA or the http://www.regulations.gov. Follow the Department) issued memoranda to online instructions for submitting implement some of the provisions comments. regulatorily codified in this interim rule.

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These memoranda include the July 7, addition, new definitions are added for and consortia of those agencies, and the 2004 Duration of Households’ Free and ‘‘Food Stamps’’ and ‘‘Nonprofit.’’ State educational agency in a State in Reduced Price Meal Eligibility— which the State educational agency is II. Specific Provisions Reauthorization 2004 Implementation the sole educational agency for all Memo—SP 3; the March 7, 2005 A. Definition of Local Educational public schools. The ESEA, however, Statutory Changes in the Free and Agency does not address non-profit private Reduced Price Eligibility Determination What was in place prior to Public Law schools in its definition. Such schools Process and Revised Prototype 108–265? do participate in the school meals Application—Implementation Memo— programs. For the purposes of the SP 12; the August 30, 2005 Initial Carry- Prior to Public Law 108–265, the school meals programs, the Department over of Previous Year’s Eligibility— NSLA used the term ‘‘school food currently defines schools to include Reauthorization Implementation authority’’ to describe ‘‘the governing nonprofit private as well as public Memo—SP 17; the September 26, 2005 body which is responsible for the entities for the purposes of the school memo General Follow-up of administration of one or more schools meals programs. It also defines Provisions—Reauthorization 2004 and has the legal authority to operate nonprofit for the purposes of the school Implementation Memo—SP 21; the the Program therein or be otherwise meals and school milk programs. November 22, 2005 memo SP 03–2006, approved by the Food and Nutrition Translation of Free and Reduced Price Service to operate the Program.’’ The What are the changes that this interim Application Prototypes for People with term is used consistently throughout rule makes? Limited English Proficiency; the regulations and guidance that govern all The term ‘‘local educational agency’’ December 23, 2005 memo, SP 08–2006 aspects of the school meals programs. will be used when discussing There was no regulatory or statutory Reauthorization 2004: Communication certification and verification definition of local educational agency with Households; and the February 9, requirements, but the term ‘‘school food prior to the 2004 statutory amendment. 2006 memo Commercial Software Used authority’’ will continue to be used in School Nutrition Programs; all What changes were made by Public Law when addressing other aspects of located at http://www.fns.usda.gov/cnd/ 108–265? operating the school meals programs, click on Policy under ‘‘See Also’’. Section 108 of Public Law 108–265 such as when discussing agreements or This interim rule includes nutritional requirements. modifications made by Public Law 108– replaced the terms ‘‘school food 265 that necessitated changes to the authorities’’ and ‘‘local school Because the ESEA does not define existing regulatory procedures relating authorities’’ with the term ‘‘local private nonprofit schools, section 108 of to application and certification for free educational agencies’’ in sections Public Law 108–265 states that the term and reduced price meal benefits. This 9(b)(11) and 9(d)(2) of the NSLA, 42 local educational agency includes, for rule also adds definitions and makes U.S.C. 1758(b)(11) and (d)(2), and in the purposes of a private nonprofit other technical changes to 7 CFR Part section 4(b)(1)(E) of the CNA, 42 U.S.C. school, an appropriate entity 210 (National School Lunch Program), 7 1773 (b)(1)(E). The NSLA now specifies, determined by the Secretary. Current CFR Part 215 (Special Milk Program for in section 12(d)(4), (42 U.S.C. 1761 school meals programs regulations, at Children), 7 CFR Part 220 (School (d)(4)), that local educational agency has §§ 210.2 and 220.2, recognize private Breakfast Program), 7 CFR Part 235 the meaning as provided for in section nonprofit schools and nonprofit private (State Administrative Expense Funds) 9101 of the Elementary and Secondary residential child care institutions in the and 7 CFR Part 245 (Determining Education Act of 1965 (ESEA) (20 U.S.C. definition of ‘‘School.’’ As a result, for Eligibility for Free and Reduced Meals 7801) and, for private nonprofit schools, schools meals programs purposes, local and Free Milk in Schools) to increase entities as determined by the Secretary. educational agencies may be comprised consistency among these regulatory In addition to section 108, other of private, nonprofit schools/ divisions in relation to application and sections of Public Law 108–265 use the institutions. The terms private nonprofit certification requirements. term ‘‘local educational agencies’’ school and private nonprofit residential Readers should note that while this instead of school food authorities or child care institution in the definition of interim regulation makes a number of local school authorities. ‘‘Local educational agency’’ have the changes to 7 CFR Part 245 (specifically Under the ESEA, ‘‘local educational same meaning as used in the paragraphs § 245.6), separate rules on verification agency’’ means ‘‘a public board of (b) and (c) of the definition of ‘‘School’’ and direct certification will additionally education or other public authority in § 210.2 and in corresponding revise this section, completing the legally constituted within a State for regulatory provisions in Parts 215, 220, changes mandated by Public Law 108– either administrative control or 235 and 245. A definition of ‘‘Local 265. USDA’s program guidance on direction of, or to perform a service educational agency’’ is added to eligibility determinations will be function for, public elementary schools §§ 210.2, 215.2, 220.2, 235.2 and 245.2. or secondary schools in a city, county, updated to reflect the regulatory B. Applications and Descriptive township, school district, or other changes resulting from Public Law 108– Materials 265. Also of note—updated prototype political subdivision of a State, or of or multi-child (household) applications in for a combination of school districts or 1. Household Applications English, Spanish and 24 additional counties that is recognized in a State as What was in place prior to Public Law languages are now available at http:// an administrative agency for its public 108–265? www.fns.usda.gov/cnd/FRP/ elementary schools or secondary frp.process.htm. schools.’’ The definition in the ESEA Prior to Public Law 108–265, a State In addition, this interim rule makes also includes any other public or school food authority could require technical nonsubstantive changes to 7 institution or agency having an application for each potentially CFR §§ 215.2, 220.2, 235.2, and 245.2, administrative control and direction of eligible child in the household (single the definitions sections for these parts. a public elementary school or secondary child application) or one application for The rule removes primary designations school, eligible Bureau of Indian Affairs all potentially eligible children in the and alphabetizes the definitions. In schools, educational service agencies household (household application). The

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Department provided prototypes for This change does not mandate central What are the changes that this interim each of these types of applications. processing of applications. However, the rule makes? Under existing regulations, single Department encourages all local This interim rule adds the child applications are used for foster educational agencies to use centralized and institutionalized children. This is in requirement that the school meal approval of applications whenever application’s descriptive materials accordance with § 245.3(c) of existing possible. Local educational agencies regulations which states that any child include notification that WIC need to ensure that children who participants may be eligible for free or who is not a member of a family, as transfer to schools within the same local defined in § 245.2, is considered a reduced price meals. The updated free educational agency are not required to family of one. FNS Instruction 765–5, and reduced price meal benefits reapply for free or reduced price meal Revision 1, entitled ‘‘Free and Reduced prototype application includes this Price Eligibility Determinations for benefits as stated in existing regulations notification. Please refer to our Web site Foster and Institutionalized Children’’ at § 245.3(c). Copies of the approved (http://www.fns.usda.gov/cnd/FRP/ (March 19, 1986) clarifies that foster application or the direct certification frp.process.htm). This change can be children and institutionalized children notice may be provided to the new found in § 245.5(a)(1)(ix) of this interim are considered households of one, thus school. Since applications must still be regulation. triggering use of the single child tied to individual schools for reviews 3. Communications application. conducted by State agencies, a local educational agency may establish a What was in place prior to Public Law What changes were made by Public Law separate record for each child for 108–265? 108–265? tracking purposes. These changes may Under Federal regulations Section 105 of Public Law 108–265 be found at § 245.6(a)(1). implementing Title VI of the Civil revised section 9(b)(3) of the NSLA to 2. Notification of Possible Eligibility Rights Act of 1964, recipients of Federal require local educational agencies to financial assistance, such as school food only use household applications. The What was in place prior to Public Law authorities, have a responsibility to provision became effective on July 1, 108–265? ensure meaningful access to their 2005, pursuant to Section 502 of Public programs by persons with limited Law 108–265. Therefore, effective July Prior to Public Law 108–265, section English proficiency. Prior to Public Law 1, 2005, only household applications 9(b) of the NSLA required that 108–265, the NSLA did not specifically may be used when all school age applications for free and reduced price address providing materials in other children in a household attend schools school meals and descriptive materials than English for the school meal in the same local educational agency. about school meal programs must be programs. This change was made to decrease distributed to parents and guardians. Current regulations at § 245.6(a) paperwork for households who wish to Existing regulations require that the apply and schools by eliminating mandate that the school meals programs school meal application and media multiple application completion and application be clear and simple in materials include notification that State submission for households with more design and that the information than one child. Temporary Assistance for Needy requested be limited to that required to Families (TANF), Food Stamp Program, demonstrate that the family does, or What are the changes that this interim and Food Distribution Program on does not, meet the eligibility criteria for rule makes? Indian Reservations (FDPIR) free or reduced price meals. In regard to This interim rule adds a definition of participants can submit an application foreign language translations, the ‘‘Household application’’ in § 245.2, and with a case number rather than income Department encourages schools to stipulates in § 245.6(a) that the information. provide households with assistance in household application must identify all completing applications through the use children in the household for whom free What changes were made by Public Law of personnel proficient in foreign or reduced price meal benefits are being 108–265? languages. requested. A household has the same Effective July 1, 2005, section 104(a) To assist schools with providing definition as ‘‘Family’’ in § 245.2; that of Public Law 108–265 amended section simpler applications and applications in is, a group of related or non-related 9(b)(2) of the NSLA to require that other languages, the Department worked individuals, who are not residents of an with a contractor in 2002 that school meal applications and institution or boarding house, but who specialized in form design and language descriptive materials distributed to are living as one economic unit. This simplification to provide an application rule also prohibits State agencies and parents and guardians contain a with a reduced reading level and in a local educational agencies from notification that, in addition to the format that is easier to accurately requesting separate applications for notification already provided pursuant complete. In 2006, the application each child attending schools in the same to school meals programs provisions, materials for the free and reduced price local educational agency. A household notification that participants in the prototype application and descriptive only has to submit one application for Special Supplemental Nutrition materials were translated into Spanish all children in their household (even if Program for Women, Infants, and and 24 additional languages. If foreign the children attend different schools) as Children (WIC) may be eligible for free language materials for a particular long as those schools are in the same or reduced price school meals. It is language are not available, local local educational agency. To clarify, important to note that this does not educational agencies are always however, since § 245.3(c) of the mean that children from families that encouraged to provide assistance with regulations requires that each foster or participate in WIC are automatically completion of English language school institutionalized child be considered a (categorically) eligible; rather it means meals programs applications through family of one, a separate application that such participants are likely to be the use of personnel proficient in the will continue to be needed for each such eligible and should consider applying necessary foreign language(s) as well as child in the household’s care. for free or reduced priced meals. English.

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What changes were made by Public Law confidentiality standards established by Therefore, once a child is determined 108–265? the Secretary. An electronic signature eligible for free and reduced price In addition to the responsibilities may be accepted pursuant to section meals, eligibility remains in effect from established under Title VI of the Civil 105(a) of Public Law 108–265. the date of eligibility determination for the current school year and for up to 30 Rights Act of 1964, section 104(b) of What are the changes that this interim operating days (as discussed in the next Public Law 108–265, effective July 1, rule makes? paragraph) into the next school year. A 2005, amended section 9(b) of the NSLA Many State and local educational to require that any communication with household is no longer required to agencies already have systems available report changes in income, household households regarding application, to households that allow them to submit verification, or documentation of size or categorical eligibility status. an application electronically and the Section 106 of Public Law 108–265 eligibility must be in an understandable Department encourages State and local also required that a child’s eligibility be and uniform format and, to the agencies to facilitate the household’s valid into the subsequent school year. maximum extent practicable, in a ability to apply electronically. This The Department used the long-standing language that parents and legal interim rule incorporates the provisions permissive carry-over authority of guardians can understand. on electronic submissions in the NSLA. current § 245.6(c) as the basis for the What are the changes that this interim In addition, such systems must comply new requirement. Section 245.6(c)(2) of rule makes? with technical assistance and guidance this rule mandates that local provided by the Department. On May 1, This interim rule amends the existing educational agencies carry-over a child’s 2007, we provided such guidance based regulations that to state that the school eligibility from the previous school year. on guidelines for electronic transactions meals programs application must be The local educational agency must use prescribed to Federal agencies by the clear and simple in design. This rule the previous year’s eligibility status for Department of Justice. adds language reflecting the statutory a period not to exceed 30 operating days requirement that any communication C. Duration of Eligibility for Free or or until the new eligibility determination is made, whichever with households regarding certification Reduced Price Meals comes first. be understandable, and to the maximum What was in place prior to Public Law Year-long eligibility does not apply extent practicable, provided in a 108–265? when the initial eligibility language that the parents and guardians Prior to Public Law 108–265, determination was incorrect, when can understand is being added at verification activities for the household § 245.6(a)(2). A similar statement regulations at § 245.5(a)(1)(vi) and § 245.6(c)(1) directed that, households do not support the level of benefits for concerning verification materials is which the child was approved or if an being added at § 245.6a (a)(2). be informed that they must report income increases of more than $50 administrative review (as provided for 4. Electronic Applications monthly, decreases in household size, in § 210.18) indicates that the initial eligibility determination was in error. In What was in place prior to Public Law or, for children certified based on an those instances, local educational 108–265? application containing a case number, termination of receipt of TANF, food agency officials must make appropriate There were no provisions in the stamp, or FDPIR benefits. If the change changes in eligibility in accordance with NSLA prior to Public Law 108–265 that reduced children’s benefits, the local regulatory requirements. These addressed electronic applications and school food authority was to adjust their provisions may be found at new electronic signatures. Current eligibility status as appropriate, § 245.6(c)(3)(i) and (c)(3)(ii). regulations do not address use of these including providing advance Additionally, year-long eligibility methods, but do permit the use of notification of an adverse change in does not apply when a household is electronic applications and electronic accordance with § 245.6a(e). The given temporary approval. We continue signatures in keeping with pertinent existing regulations at § 245.6(c) permit to encourage determining officials to administrative guidance. Currently the the use of applications and approve households on a temporary Department allows electronic signatures documentation of direct certification basis when their need for assistance and recommends that State agencies from the preceding year to determine appears to be short-term, such as when follow the same guidelines provided to eligibility during the 30 operating days the household experiences a temporary Federal agencies for electronic following the first operating day at the reduction in income. A suggested time transactions by the Department of beginning of the school year, or during period for temporary approvals is 45 Justice. The May 1, 2007, memorandum a timeframe established by the State days unless otherwise stipulated by the ‘‘Update on Electronic Transactions in agency, that cannot exceed the 30 State agency. At the end of the the Child Nutrition Programs’’ may be operating day limit. temporary approval, determining found at http://www.fns.usda.gov/cnd/ officials must re-evaluate the Governance/Policy-Memos/2007/SP_10- What changes were made by Public Law household’s situation. The provision on 2007. 108–265? temporary approval may be found at Effective July 1, 2004, section 106 of new § 245.6(c)(3)(iii). Additional What changes were made by Public Law Public Law 108–265 amended section information on the use of temporary 108–265? 9(b)(9) of the NSLA by establishing that approvals may be found in program Effective July 1, 2005, section 104(b) eligibility, beginning on the date of guidance issued by the Department. of Public Law 108–265 amended section approval, is valid for the full school year With the exception of the situations 9(b)(3) of the NSLA to address until a date in the subsequent school described above, if a household’s electronic signatures and applications. year determined by USDA. income exceeds the eligibility limits at The law states that a household any point during the school year, their application may be executed using an What are the changes that this interim initial eligibility determination remains electronic signature if the application is rule makes? valid unless a new application is submitted electronically and if the This rule provides for year long submitted. Since the household is no electronic application system meets eligibility as now required by the NSLA. longer required to report changes in

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income or household size or loss of food regulations governing this program may expenditures to State, local or tribal stamp or TANF benefits, this be found at 7 CFR Parts 271 through 283 governments, in the aggregate, or to the requirement is being deleted by of this Chapter. private sector, of $100 million or more removing paragraph (a)(1)(vi) from in any one year. When such a statement 3. Updating Definitions § 245.5 and by removing it as part of the is needed for a rule, section 205 of the revisions to § 245.6(c)(1). However, We are updating the definition of UMRA generally requires the households may voluntarily report ‘‘Nonprofit’’ in our regulations to Department to identify and consider a changes, may apply for benefits any correspond to the definition in section reasonable number of regulatory time during the school year. The 12(d)(5) of the NSLA and section 15(1) alternatives and adopt the least costly, household may also decline benefits of the CNA which applies nonprofit more cost-effective or least burdensome when children are directly certified. status to schools and institutions which alternative that achieves the objectives This provision may be found at new are exempt from tax under section of the rule. § 245.6(c)(6)(iii). 501(c)(3) of Internal Revenue Act of This rule contains no Federal As State child nutrition agencies and 1986. To accomplish this change, the mandates (under the regulatory local educational agencies implement definition of ‘‘Nonprofit’’ in §§ 210.2, provisions of Title II of the UMRA) for full-year eligibility, they have the 215.2 and 220.2 is amended. Also for State, local and tribal governments or consistency the definition of opportunity to minimize disruptions the private sector of $100 million or ‘‘Nonprofit’’ is added to §§ 235.2 and when a child moves mid-year from one more in any one year. Thus, this interim 245.2. The definition of ‘‘School’’ in school district to another. They can do rule is not subject to the requirements § 215.2 is amended to remove an so by establishing an optional transfer of of sections 202 and 205 of the UMRA. information system under which a obsolete reference and the definition of child’s school meal certification status ‘‘School’’ in § 235.2 is amended to Executive Order 12372 remove an erroneous citation. is transferred from one school or local The National School Lunch Program, educational agency to another when the III. Procedural Matters Special Milk Program, School Breakfast child moves. For example, States that Executive Order 12866 Program, and State Administrative maintain a database for all students Expense Funds are listed in the Catalog could establish a data field to indicate This interim rule has been determined of Federal Domestic Assistance under the child’s certification status— to be not significant for purposes of Nos. 10.555, 10.556, 10.553 and 10.560, accessible only in accordance with the Executive Order 12866 and was not respectively. For the reasons set forth in use or disclosure of information reviewed by the Office of Management the final rule in 7 CFR Part 3015, provisions set forth in section 9 of the and Budget in conformance with Subpart V, and final rule related notice NSLA—that could be checked by a Executive Order 12866. at 48 FR 29114, June 24, 1983, these school whenever a new student is Regulatory Flexibility Act programs are included in the scope of enrolled. A local educational agency is Executive Order 12372, which requires This interim rule has been reviewed not required to send this information, or intergovernmental consultation with with regard to the requirements of the accept this information from another State and local officials. local educational agency. However, this Regulatory Flexibility Act (5 U.S.C. rule, at § 245.6(a)(4), includes a 601–612). Roberto Salazar, Executive Order 13132—Federalism provision that allows any local Administrator of the Food and Nutrition Summary Impact Statement educational agency to accept the Service, has certified that this rule will not have a significant economic impact Executive Order 13132 requires eligibility determination from the Federal agencies to consider the impact student’s old school district without on a substantial number of small entities. Households applying for free or of their regulatory actions on State and incurring liability for the accuracy of the local governments. Where such actions initial determination. reduced price school meals for their children will be affected as they can no have federalism implications, agencies D. Technical amendments longer be required by the school district are directed to provide a statement for inclusion in the preamble to the 1. Numbering of Definitions to complete and submit an application for each child. Local educational regulations describing the agency’s Existing §§ 215.2, 220.2, 235.2, and agencies will also be affected because considerations in terms of the three 245.2 include ‘‘primary designations’’ there will be fewer applications to categories called for under section (i.e. the letters and numbers that process and there will be potential for (6)(b)(2)(B) of Executive Order 13132. precede the words being defined) while more economically beneficial The Food and Nutrition Service has § 210.2 simply lists definitions in centralized systems. This rule will considered the impact of this rule on alphabetical order. This interim rule reduce paperwork and reduce the State and local governments and has removes primary designations in the workload for school officials. determined that this rule does not have listed sections, makes corresponding Federalism implications. This rule does reference changes, and places the Unfunded Mandate Reform Act not impose or direct compliance costs definitions in alphabetical order. This is Title II of the Unfunded Mandate on State and local governments. being done to create uniformity among Reform Act of 1995 (UMRA), Public Therefore, under section 6(b) of the the regulations for the school nutrition Law 104–4, establishes requirements for Executive Order, a federalism summary programs and is technical in nature. Federal agencies to assess the effects of impact statement is not required. their regulatory actions on State, local, Executive Order 12988 2. Adding Definition of Food Stamp and tribal governments and the private Program sector. Under section 202 of the UMRA, This rule has been reviewed under For consistency among the school the Food Nutrition Service must Executive Order 12988, Civil Justice nutrition programs, a definition of generally prepare a written statement, Reform. This rule is intended to have ‘‘Food Stamp Program’’ is being added including a cost-benefit analysis, for preemptive effect with respect to any to § 245.2. The Food Stamp Program is proposed and final rules with ‘‘Federal State or local laws, regulations or also administered by USDA and the mandates’’ that may result in policies which conflict with its

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provisions or which would otherwise (B). This rule is being implemented 7 CFR Part 215 impede its full implementation. through amendments to current program Food assistance programs, Grant This rule is not intended to have regulations because of nondiscretionary programs—education, Grant programs— retroactive effect unless so specified in provisions mandated by the Child health, Infants and children, Milk, the DATES section of this preamble. Nutrition and WIC Reauthorization Act Reporting and recordkeeping Prior to any judicial challenge to the of 2004 (Public Law 108–265) and the requirements. provisions of this rule or the application provisions included in this interim rule of its provisions, all applicable are consistent with long-standing 7 CFR Part 220 administrative procedures must be policies and procedures in the Child Children, Food assistance programs, exhausted. Nutrition Programs. This rule Grant programs—social programs, Civil Rights Impact Analysis implements new requirements in a Nutrition, Reporting and recordkeeping manner that builds on existing requirements, School Breakfast Program. Under Department Regulation 4300–4, requirements and policies. Further, Civil Rights Impact Analysis, the Food section 501(b) of Public Law 108–265 7 CFR Part 235 and Nutrition Service, USDA, has permitted the Secretary to issue an Administrative practice and reviewed this interim rule to identify interim rule to implement the procedure, Child and Adult Care Food and address any major civil rights provisions in Sections 105 and 106 of Program, Food assistance programs, impacts the interim rule might have on Public Law 108–265 which are included Grant administration, Intergovernmental minorities, women, and persons with herein. These provisions have been relations, National School Lunch disabilities. After a careful review of the substantially implemented through the Program, Reporting and recordkeeping rule’s intent and provisions, the Food Department’s issuance of guidance, requirements, School Breakfast Program, and Nutrition Service, USDA, has which was also permitted by section Special Milk Program. determined that this rule would not in 501(a) of Public Law 108–265. any way limit or reduce participants’ Therefore, State agencies and local 7 CFR Part 245 ability to participate in the Child educational agencies began Civil rights, Food assistance Nutrition Programs on the basis of an implementing the requirements and programs, Grant programs—education, individual’s or group’s race, color, procedures set forth in this rule in Grant programs—health, Infants and national origin, sex, age or disability School Year 2004–2005 and have been children, Milk, Reporting and (the Child Nutrition Programs’ operating under them since that time. recordkeeping requirements, School nondiscrimination policy can be found The Department has also modified and breakfast and lunch programs. at § 210.23(b)). The Food and Nutrition clarified some of these procedures in I Accordingly, 7 CFR parts 210, 215, Service found no factors that would response to recommendations from negatively and disproportionately affect 220, 235 and 245 are amended as State and local program officials and follows: any group of individuals. this interim regulation reflects those Paperwork Reduction Act modifications and clarifications. PART 210—NATIONAL SCHOOL In addition, promulgating these LUNCH PROGRAM The Paperwork Reduction Act of 1995 provisions in an interim rule allows for (44 U.S.C. Chap. 35; see 5 CFR 1320) prompter codification in the Code of the I 1. The authority citation for part 210 requires that the Office of Management Federal Register of procedures that are continues to read as follows: and Budget (OMB) approve all already in place. Codification reinforces Authority: 42 U.S.C. 1751–1760, 1779. collections of information by a Federal the provisions significance with State I agency before they can be implemented. agencies and local educational agencies. 2. In § 210.2: I Respondents are not required to respond Publication of an interim rule provides a. Amend paragraph (b) in the to any collection of information unless the Department with the ability to definition of ‘‘Child’’ by removing the it displays a current valid OMB control collect comment on the actual reference ‘‘paragraphs (c)’’ and adding number. This rule does not contain any implementation experience at all levels. in its place the reference ‘‘paragraph new information collection (c)’’; Needed policy changes identified by I requirements subject to approval by comments can then be implemented b. Add a definition of ‘‘Local OMB under the Paperwork Reduction through the publication of a final rule. educational agency’’ in alphabetical Act of 1995. Information collections Thus, the Department has determined in order; and I c. Revise the definition of associated with this rule have been accordance with 5 U.S.C. 553(b), that ‘‘Nonprofit’’. approved under following OMB control Notice of Proposed Rulemaking and The addition and revision read as numbers 0584–0005, 0584–0006, 0584– Opportunity for Public Comments is follows: 0012, 0584–0026 and 0584–0067. unnecessary and contrary to the public E-Government Act Compliance interest and, in accordance with 5 § 210.2 Definitions. U.S.C. 553(d), finds that good cause The Food and Nutrition Service is * * * * * exists for making this action effective committed to complying with the E- Local educational agency means a without prior public comment. Government Act to promote the use of public board of education or other the Internet and other information List of Subjects public or private nonprofit authority technologies to provide increased legally constituted within a State for 7 CFR Part 210 opportunities for citizen access to either administrative control or Government information and services Children, Commodity School direction of, or to perform a service and for other purposes. Program, Food assistance programs, function for, public or private nonprofit Grants programs—social programs, elementary schools or secondary Public Participation National School Lunch Program, schools in a city, county, township, This action is being finalized without Nutrition, Reporting and recordkeeping school district, or other political prior notice or public comment under requirements, Surplus agricultural subdivision of a State, or for a authority of 5 U.S.C. 553(b)(3)(A) and commodities. combination of school districts or

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counties that is recognized in a State as I e. Remove the definition of includes any other public or private an administrative agency for its public ‘‘Children’’ and add in its place a nonprofit institution or agency having or private nonprofit elementary schools definition of ‘‘Child’’; administrative control and direction of or secondary schools. The term also I f. Amend the first sentence of the a public or private nonprofit elementary includes any other public or private definition of ‘‘Cost of milk’’ by removing school or secondary school, including nonprofit institution or agency having the words ‘‘child-care’’ wherever they residential child care institutions, administrative control and direction of appear and by adding in their place the Bureau of Indian Affairs schools, and a public or private nonprofit elementary words ‘‘child care’’; educational service agencies and school or secondary school, including I g. Add a definition of ‘‘Local consortia of those agencies, as well as residential child care institutions, educational agency’’ in alphabetical the State educational agency in a State Bureau of Indian Affairs schools, and order; or territory in which the State educational service agencies and I h. Revise the definition of educational agency is the sole consortia of those agencies, as well as ‘‘Nonprofit’’; educational agency for all public or the State educational agency in a State I i. Amend the definition of private nonprofit schools. ‘‘Reimbursement’’ by removing the or territory in which the State * * * * * words ‘‘child-care’’ and adding in their educational agency is the sole Nonprofit means, when applied to educational agency for all public or place the words ‘‘child care’’; and I j. Amend the definition of ‘‘School’’ schools or institutions eligible for the private nonprofit schools. Program, exempt from income tax under * * * * * by adding the word ‘‘or’’ before the number ‘‘(3)’’ in the first sentence and section 501(c)(3) of the Internal Revenue Nonprofit means, when applied to Code of 1986. schools or institutions eligible for the by removing the words ‘‘more; or (4) Program, exempt from income tax under with respect to the Commonwealth of * * * * * section 501(c)(3) of the Internal Revenue Puerto Rico, non-profit child care § 215.3 [Amended] centers certified as such by the Code of 1986. I 3. In § 215.3: * * * * * Governor of Puerto Rico.’’ and adding in their place the word ‘‘more.’’ I a. Amend paragraphs (b) and (c) by § 210.9 [Amended] The revisions and additions read as removing the words ‘‘child-care’’ I follows: wherever they appear and adding in 4. In § 210.9, amend paragraph (b)(7) their place the words ‘‘child care’’; by removing the words ‘‘school food § 215.2 Definitions. I b. Amend paragraph (b) by removing authority’’ and adding in their place the * * * * * the words ‘‘as defined in § 215.2(v)(3) or words ‘‘local educational agency’’. Child means § 215.2(v)(4)’’ and adding in their place § 210.19 [Amended] (1) A person under 19 chronological the words ‘‘as described in paragraph (3) years of age in a Child care institution I of the definition of School in § 215.2’’; 5. In 210.19, amend paragraph as defined in this section; (c)(6)(ii) by removing the words ‘‘the and (2) A person under 21 chronological I c. Amend paragraph (c) by removing documentation specified under years of age attending a school as § 245.2(a–4)(1)(ii); or’’ and adding in the words ‘‘in any school as defined in defined in paragraphs (3) and (4) of the § 215.2(v)(1), § 215.2(v)(2) or their place the words ‘‘the information definition of School in this section; specified in paragraph (1)(ii) of the § 215.2(v)(3) or any child care (3) A student of high school grade or institution as defined in § 215.2(e)’’ and definition of Documentation in § 245.2 under attending school as defined in of this chapter; or’’. adding in their place the words ‘‘in any paragraphs (1) and (2) of the definition School or any Child care institution as PART 215—SPECIAL MILK PROGRAM of School in this section; or defined in § 215.2’’. FOR CHILDREN (4) A student who is mentally or physically disabled as determined by PART 220—SCHOOL BREAKFAST I 1. The authority citation for Part 215 the State and who is participating in a PROGRAM continues to read as follows: school program established for the mentally or physically disabled, of high I Authority: 42 U.S.C. 1772 and 1779. 1. The authority citation for part 220 school grade or under as determined by I continues to read as follows: 2. In § 215.2: the State educational agency in I a. Remove currently reserved Authority: 42 U.S.C. 1773, 1779, unless paragraphs (1) and (2) of the definition paragraph (o); otherwise noted. I b. Remove the remaining paragraph of School in this section. I designations for paragraphs (a), (b), (c), * * * * * 2. In § 220.2: (d), (e), (e–1), (e–2), (e–3), (e–4), (e–5), Local educational agency means a I a. Remove the paragraph designations (f), (g), (h), (i), (i–1), (j), (j–1), (k), (k–1), public board of education or other for paragraphs (a), (a–1), (b), (c), (c–1), (l), (m), (n), (p), (q), (r), (r–1), (s), (s–1), public or private nonprofit authority (d), (d–1), (e), (f), (g), (g–1), (h), (i), (i– (t), (u), (u–1), (v), (w), (w–1), (x), (x–1), legally constituted within a State for 1), (j), (k), (l), (m), (n), (o), (o–1), (o–2), (x–2), (x–3), (x–4), (x–5), (x–6), (y), (z), either administrative control or (o–3), (p), (p–1), (q), (q–1), (q–2), (r), (s), (aa), and (bb) and arrange the definitions direction of, or to perform a service (t), (t–1), (u), (v), (v–1), (w), (w–1), (x), in alphabetical order; function for, public or private nonprofit (x–1), (x–2), (x–3), (x–4), (x–5), (y), (z), I c. Amend the definition of ‘‘Child- elementary schools or secondary (aa), and (bb) and arrange the definitions care institution’’ by removing the words schools in a city, county, township, in alphabetical order; ‘‘Child-care’’ and ‘‘child-care’’ wherever school district, or other political I b. Amend paragraph (2) of the they appear and adding in their place subdivision of a State, or for a definition of ‘‘Child’’ by removing the the words ‘‘Child care’’ and ‘‘child combination of school districts or words ‘‘in paragraphs (3) of the care’’, respectively; counties that is recognized in a State as definition of ‘‘School’’ ‘‘ and adding in I d. Amend third sentence of the an administrative agency for its public their place the words ‘‘in paragraph (3) definition of ‘‘Child care institution’’ by or private nonprofit elementary schools of the definition of School in this removing the words ‘‘paragraph (v) of’’; or secondary schools. The term also section’’;

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I c. Add a definition of ‘‘Local I b. Paragraph (b) is further amended by § 235.2 Definitions. educational agency’’ in alphabetical removing the words ‘‘as defined in * * * * * order; § 220.2(u)(1) of’’ and adding in their Nonprofit means exempt from income I d. Amend the second sentence of the place the words ‘‘as described in tax under section 501(c)(3) of the definition of ‘‘Menu item’’ by removing paragraph (1) of the definition of School Internal Revenue Code of 1986. the reference ‘‘§ 220.2(i–1)’’ and adding in § 220.2 in’’; and * * * * * I in its place the words ‘‘the definition of c. Paragraph (c) is amended by School means the term as defined in Foods of minimal nutritional value in removing the words ‘‘as defined in § 210.2, § 215.2, and § 220.2 of this this section’’; § 220.2(u)(3)’’ and adding in their place chapter, as applicable. I e. Revise the definition of the words ‘‘, as described in paragraph * * * * * ‘‘Nonprofit’’; and (3) of the definition of School in I f. Amend the definition of ‘‘State § 220.2,’’. PART 245—DETERMINING agency’’ by removing the words ‘‘as § 220.8 [Amended] ELIGIBILITY FOR FREE AND defined in § 220.2(u)(3) of this part’’ and REDUCED PRICE MEALS AND FREE I adding in their place the words ‘‘as 4. In § 220.8, amend paragraph MILK IN SCHOOLS described in paragraph (3) of the (h)(3)(iv) by removing the words ‘‘in definition of School in this section’’. §§ 220.2(i–1) and 220.12 and appendix I 1. The authority citation for part 245 The revision and addition read as B to this part’’ and adding in their place continues to read as follows: the words ‘‘in the definition of Foods of follows: Authority: 42 U.S.C. 1752, 1758, 1759a, minimal nutritional value in § 220.2, in 1772, 1773, and 1779. § 220.2 Definitions. § 220.12 and in Appendix B of this * * * * * part’’. § 245.1 [Amended] Local educational agency means a I 2. In § 245.1: public board of education or other § 220.12 [Amended] I a. Amend the first sentence of public or private nonprofit authority I 5. In § 220.12: paragraph (a) by removing the words legally constituted within a State for I a. Amend paragraph (b)(1) by ‘‘(where applicable), and School Food either administrative control or removing the reference ‘‘§ 220.2(i–1)’’ Authorities’’ and adding in their place direction of, or to perform a service wherever it appears and adding in its the words ‘‘, school food authorities or function for, public or private nonprofit place the words ‘‘the definition of Foods local educational agencies, as defined in elementary schools or secondary of minimal nutritional value in § 220.2’’; § 245.2, as applicable’’; and schools in a city, county, township, and I b. Amend (b)(2) by removing the I b. Amend paragraph (b) by removing school district, or other political the words ‘‘and School Food subdivision of a State, or for a words ‘‘as foods of minimal nutritional value as defined in § 220.2(i–1)’’ Authorities’’ and adding in their place combination of school districts or the words ‘‘school food authorities or counties that is recognized in a State as wherever they appear and adding in their place the words ‘‘ as meeting the local educational agencies, as an administrative agency for its public applicable,’’. or private nonprofit elementary schools definition of Foods of minimal I or secondary schools. The term also nutritional value in § 220.2’’. 3. In § 245.2: I includes any other public or private a. Remove the paragraph designations PART 235—STATE ADMINISTRATIVE for paragraphs (a), (a–1), (a–2), (a–3), (a– nonprofit institution or agency having EXPENSE FUNDS administrative control and direction of 4), (b), (b–1),(b–2), (b–3), (c), (d), (d–1), (d–2), (e), (f), (f–1), (f–2), (f–3), (g), (h), a public or private nonprofit elementary I 1. The authority citation for part 235 (i), (j), (k), (l), and (m) and arrange the school or secondary school, including continues to read as follows: residential child care institutions, definitions in alphabetical order; Authority: Secs. 7 and 10 of Child I Bureau of Indian Affairs schools, and b. Amend the first sentence of Nutrition Act of 1966, 80 Stat. 888, 889, as paragraph (2) of the definition of educational service agencies and amended (42 U.S.C. 1776, 1779). consortia of those agencies, as well as ‘‘Documentation’’ by removing the the State educational agency in a State I 2. In § 235.2: words ‘‘school food authority’’ and or territory in which the State I a. Remove currently reserved adding in their place ‘‘local educational educational agency is the sole paragraphs (e), (j), (k), and (m); agency (as defined in this section)’’; I I educational agency for all public or b. Remove the paragraph designations c. Amend the definition of private nonprofit schools. for paragraphs (a), (b), (c), (d), (f), (g), ‘‘Household’’ by removing the reference (h), (i), (l), (n), (o), (p), (q), (q–1), (q–2), ‘‘§ 245.2(b)’’ and adding in their place * * * * * (q–3), (q–4), (q–5), (r), (s), and (t) and the words ‘‘this section’’; Nonprofit means, when applied to arrange the definitions in alphabetical I d. Add definitions of ‘‘Food Stamp schools or institutions eligible for the order; Program’’, ‘‘Household application’’, Program, exempt from income tax under I c. Add a definition of ‘‘Nonprofit’’ in ‘‘Local educational agency’’ and section 501(c)(3) of the Internal Revenue alphabetical order; ‘‘Nonprofit’’ in alphabetical order; and Code of 1986. I d. Revise the definition of ‘‘School’’; I e. Amend the second sentence of the * * * * * and definition of ‘‘Verification’’ by removing I e. Amend the last sentence of § 220.3 [Amended] the words ‘‘in the application which is paragraph (2) of the definition of ‘‘State defined as documentation in § 245.(a– I 3. In § 220.3: agency’’ by removing the words 4)’’ and adding in their place the words I a. Paragraph (b) is amended by ‘‘ ‘distributing agency’, as defined in ‘‘on the application and defined as removing the words ‘‘as defined in § 235.2(d),’’ and adding in their place Documentation in this section’’. § 220.2(u)(1), (u)(2) and (u)(4)’’ and the words ‘‘Distributing agency as The additions read as follows: adding in their place the words ‘‘as defined in this section,’’. described in paragraphs (1) and (2) of The addition and revision read as § 245.2 Definitions. the definition of School in § 220.2’’; follows: * * * * *

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Food Stamp Program means the I d. Amend the first sentence of I 2. By removing the reference program established under the Food paragraph (b)(2) by removing the words ‘‘§ 245.2(a–4)(2)’’ in the second sentence Stamp Act of 1977 (7 U.S.C. 2011 et ‘‘School Food Authority’’ and adding in and adding in its place the words seq.) and operated under Parts 271 their place the words ‘‘local educational ‘‘paragraph (2) of the definition of through 283 of this chapter. agency’’ and amend the second sentence Documentation in § 245.2’’; * * * * * of paragraph (b)(2) removing the words I d. Revise paragraph (c); I Household application means an ‘‘School Food Authority’s’’ and adding e. Amend paragraphs (d) and (e) by application for free and reduced price in their place the words ‘‘local adding headings; I meal or milk benefits, submitted by a educational agency’s’’ and f. Amend paragraph (d) by: I household for a child or children who I e. Amend the second sentence of 1. Removing the words ‘‘School Food attend school(s) in the same local paragraph (c) by removing the words ‘‘as Authority’’ wherever they appear and educational agency. defined in § 245.2(b)’’ and adding in adding in their place the words ‘‘local their place the words ‘‘(as defined in educational agency’’; and * * * * * § 245.2)’’. I 2. Removing the words ‘‘School Food Local educational agency means a I Authority’s’’ wherever they appear and public board of education or other 5. In § 245.5: I a. Amend the first sentence of adding in their place the words ‘‘local public or private nonprofit authority paragraph (a) introductory text by educational agency’s’’; legally constituted within a State for removing the words ‘‘school food I g. Amend paragraphs (e) through (h) either administrative control or authority’’ wherever they appear and by removing the words ‘‘school food direction of, or to perform a service adding in their place the words ‘‘local authority’’ wherever they appear and function for, public or private nonprofit educational agency (as defined in adding in their place the words ‘‘local elementary schools or secondary § 245.2)’’; educational agency’’; schools in a city, county, township, I b. Amend paragraph (a)(1)(iii) by I h. Amend paragraph (f)(4) by school district, or other political removing the words ‘‘ ‘‘documentation’’ removing the words ‘‘school food subdivision of a State, or for a as defined in ‘‘§ 245.2(a–4);’’ and adding authorities’’ and adding in their place combination of school districts or in its place the words ‘‘information as the words ‘‘local educational agencies’’; counties that is recognized in a State as described in paragraph (1)(i) of the and an administrative agency for its public definition of Documentation in § 245.2’’; I i. Amend the second sentence of or private nonprofit elementary schools I c. Amend paragraph (a)(1)(iv) by paragraph (h)(1) and the sixth sentence or secondary schools. The term also removing the reference ‘‘§ 245.2(a–4)’’ of paragraph (h)(2) by removing includes any other public or private and adding in its place the words references to ‘‘paragraph (a)(1)’’ and nonprofit institution or agency having ‘‘paragraph (2)(ii) of the definition of adding in their place references to administrative control and direction of Documentation in § 245.2’’; ‘‘paragraph (a)(8)(i)’’; a public or private nonprofit elementary I d. Remove paragraph (a)(1)(vi); I j. Amend paragraph (i) by removing school or secondary school, including I e. Redesignate paragraphs (a)(1)(vii) the words ‘‘school food authorities’’ and residential child care institutions, through (a)(1)(xi) as (a)(1)(vi) through adding in their place the words ‘‘local Bureau of Indian Affairs schools, and (a)(1)(x), respectively; educational agencies’’. educational service agencies and I f. Amend newly redesignated The revisions and additions read as consortia of those agencies, as well as paragraph (a)(1)(viii) by removing the follows: the State educational agency in a State words ‘‘School Food Authority’’ and § 245.6 Application, eligibility and or territory in which the State adding in their place the words ‘‘local educational agency is the sole certification of children for free and reduced educational agency’’; price meals and free milk. educational agency for all public or I g. Amend newly redesignated private nonprofit schools. paragraph (a)(1)(x) by removing the (a) General requirements—content of application and descriptive materials. * * * * * words ‘‘School Food Authority’’ and Each local educational agency, as Nonprofit means exempt from income adding in their place the words ‘‘local defined in § 245.2, for schools tax under section 501(c)(3) of the educational agency’’; and participating in the National School Internal Revenue Code of 1986. I h. Add a new paragraph (a)(1)(xi). The addition reads as follows: Lunch Program, School Breakfast * * * * * Program or Special Milk Program or a § 245.5 Public announcement of the § 245.3 [Amended] commodity only school shall provide eligibility criteria. meal benefit forms for use by families in I 4. In § 245.3: (a) * * * making application for free or reduced I a. Amend the first sentence of (1) * * * price meals or free milk for their paragraph (a) by removing the words (xi) A statement to the effect that the children. ‘‘School Food Authorities of schools’’ Special Supplemental Nutrition (1) Household applications. The State and adding in their place the words Program for Women, Infants and agency or local educational agency must ‘‘local educational agencies, as defined Children (WIC) participants may be provide a form that permits a household in § 245.2,’’; eligible for free or reduced price meals. to apply for all children in that I b. Amend the first sentence of * * * * * household who attend schools in the paragraph (b) introductory text by I 8. In § 245.6: same local educational agency. The removing the words ‘‘School Food I a. Revise the heading; local educational agency cannot require Authority’’ and adding in their place the I b. Revise paragraph (a); the household to submit an application words ‘‘local educational agency’’; I c. Amend paragraph (b) introductory for each child attending its schools. The I c. Amend paragraph (b)(1) by text: application shall be clear and simple in removing the words ‘‘School Food I 1. By removing the words ‘‘school design and the information requested Authority’’ the first time they appear food authorities’’ in the first sentence therein shall be limited to that required and adding in their place the words and adding in their place the words to demonstrate that the household does, ‘‘local educational agency’’; ‘‘local educational agencies’’; and or does not, meet the eligibility criteria

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for free or reduced price meals, application must be provided. If the notice and ensuring that the notice respectively, or for free milk, issued by adult member signing the application complies with section 7(b) of the the local educational agency. In does not possess a social security Privacy Act of 1974 (5 U.S.C. 552a note accordance with § 245.3(c), a foster number, the household must so (Disclosure of Social Security Number)); child or an institutionalized child is indicate. However, if application is and considered a family of one. being made for a child(ren) who is a (ii) ‘‘In certain cases, foster children (2) Understandable communications. member of a household receiving are eligible for free or reduced price Any communication with households assistance under the Food Stamp meals or free milk regardless of your for eligibility determination purposes Program, or is in a FDPIR or TANF household income. If you have foster must be in an understandable and household, the application shall enable children living with you and wish to uniform format and to the maximum the household to provide the apply for such meals or milk for them, extent practicable, in a language that appropriate food stamp or TANF case please contact us.’’ parents and guardians can understand. number or FDPIR case number or other (3) Electronic availability. In addition FDPIR identifier in lieu of names of all (9) Attesting to information on the to the distribution of applications and household members, household income application. The application must also descriptive materials in paper form as information and social security number. include a statement, immediately above provided for in this section, the local (7) Adult member’s signature. The the space for signature, that the person educational agency may establish a application must be signed by an adult signing the application certifies that all system for executing household member of the family. The application information furnished in the application applications electronically and using must contain clear instructions with is true and correct, that the application electronic signatures. The electronic respect to the submission of the is being made in connection with the submission system must comply with completed application to the official or receipt of Federal funds, that school the disclosure requirements in this officials designated by the local officials may verify the information on section and with technical assistance educational agency to make eligibility the application, and that deliberate and guidance provided by FNS. determinations. A household must be misrepresentation of the information Descriptive materials may also be made permitted to file an application at any may subject the applicant to prosecution available electronically by the local time during the school year. A under applicable State and Federal educational agency. household may, but is not required to, criminal statutes. (4) Transferring eligibility status. report any changes in income, * * * * * When a student transfers to another household size or program participation (c) Determination of eligibility—(1) school district, the new local during the school year. Duration of eligibility. Except as educational agency may accept the (8) Required statements for the otherwise specified in paragraph (c)(3) eligibility determination from the application. The application and/or of this section, eligibility, as determined student’s former local educational descriptive materials must contain through an approved application or by agency without incurring liability for substantially the following statements: direct certification, for free or reduced (i) ‘‘The Richard B. Russell National the accuracy of the initial price meals must remain in effect for the School Lunch Act requires the determination. As required under entire school year and for up to 30 information on this application. You do paragraph (c)(3) of this section, the operating days into the subsequent not have to give the information, but if accepting local educational agency must school year. The local educational make changes that occur as a result of you do not, we cannot approve your child for free or reduced price meals. agency must determine household verification activities or coordinated eligibility, for free or reduced price review findings conducted in that local You must include the social security number of the adult household member meals, either through direct certification educational agency. or the application process at or about (5) Required income information. The who signs the application. The social the beginning of the school year. The information requested on the security number is not required when local educational agency must application with respect to the current you apply on behalf of a foster child or determine eligibility for free or reduced income of the household must be you list a Food Stamp, Temporary price meals when a household submits limited to: Assistance for Needy Families (TANF) (i) The income received by each Program or Food Distribution Program an application or, if feasible, through member identified by the household on Indian Reservations (FDPIR) case direct certification, at any time during member who received the income or an number for your child or other FDPIR the school year. indication that which household identifier or when you indicate that the (2) Use of prior year’s eligibility members had no income; and adult household member signing the status. Prior to the processing of (ii) The source of the income (such as application does not have a social applications or the completion of direct earnings, wages, welfare, pensions, security number. We will use your certification procedures for the current support payments, unemployment information to determine if your child is school year, children from households compensation, social security and other eligible for free or reduced price meals, with approved applications or cash income). Other cash income and for administration and enforcement documentation of direct certification on includes cash amounts received or of the lunch and breakfast programs.’’ file from the preceding year shall be withdrawn from any source, including When the State agency or local offered reimbursable free and reduced savings, investments, trust accounts, educational agency, as appropriate, price meals or free milk, as appropriate. and other resources which are available plans to use or disclose children’s However, applications and to pay for a child’s meals or milk. eligibility information for non-program documentation of direct certification (6) Household members and social purposes, additional information, as from the preceding year shall be used security numbers. The application must specified in paragraph (h) of this only to determine eligibility for a period require applicants to provide the names section, must be added to the Privacy not to exceed the first 30 operating days of all household members. In addition, Act notice/statement. State agencies and following the first operating day at the the social security number of the adult local educational agencies are beginning of the school year, or until a household member who signs the responsible for drafting the appropriate new eligibility determination is made in

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the current school year, whichever (6) Notice of approval—(i) Income provide the opportunity for the family comes first. applications. The local educational and local educational agency officials to (3) Exceptions for year-long duration agency must promptly notify the discuss the situation, present of eligibility—(i) Voluntary reporting of household of the children’s eligibility information, and obtain an explanation changes. If the household voluntarily and provide the eligible children the of the data submitted in the application reports a change in income or in benefits to which they are entitled. or the decision rendered. The request program participation resulting in (ii) Direct Certification. Households for a conference shall not in any way categorical eligibility, the local approved for benefits based on prejudice or diminish the right to a fair educational agency must inform the information provided by the appropriate hearing. The local educational authority household of the consequences of any State or local agency responsible for the shall promptly schedule a fair hearing, change that will result in lowered administration of the Food Stamp if requested. benefits. The household has the option Program, FDPIR or TANF Program must (d) Households that fail to apply. to decline to have the change put into be notified, in writing, that their *** effect. children are eligible for free meals or * * * * * (ii) Changes resulting from free milk, that no application for free (e) Recordkeeping. *** verification or administrative reviews. and reduced price school meals or free * * * * * The local educational agency must milk is required. The notice of eligibility I change the children’s eligibility status must also inform the household that the 9. In § 245.6a: I a. Amend paragraph (a) introductory when a change is required as a result of parent or guardian must notify the local verification activities conducted under text by: educational agency if they do not want I 1. Removing the words ‘‘School Food § 245.6a or as a result of a review their children to receive free benefits. Authorities’’ wherever they appear and conducted in accordance with § 210.18 However, when the parent or guardian adding in their place the words ‘‘local of this chapter. transmits a notice of eligibility provided (iii) Temporary approvals. When a educational agencies’’; and by the food stamp, FDPIR or TANF I 2. Removing the words ‘‘School Food household reports no income or a office, the local educational agency is temporary reduction in income, local Authority’’ in the fifth sentence and not required to provide a separate notice adding in their place the words ‘‘local educational agencies are encouraged to of eligibility. approve free or reduced price meal educational agency’’; (iii) Households declining benefits. I b. Amend paragraph (a)(1) by: benefits on a temporary basis only. Children from households that notify I 1. Removing the words ‘‘School Food Approvals for a maximum of 45 days are the local educational agency that they Authority’’ wherever they appear and recommended. At the end of the do not want free benefits must have adding in their place the words ‘‘local temporary approval period, the local their benefits discontinued as soon as educational agency’’; and educational agency would review the possible. Any notification from the I 2. By removing the words ‘‘the household’s circumstances and certify household declining benefits must be essential information specified in or deny the household accordingly. documented and maintained on file, as § 245.2(a–4)’’ in the second sentence (4) Calculating income. The local required under paragraph (e) of this and adding in their place the words ‘‘the educational agency must use the income section, to substantiate the eligibility information specified in the definition information provided by the household determination. of Documentation in § 245.2’’; on the application to calculate the (7) Denied applications and the notice I c. Amend paragraph (a)(2) household’s total current income. When of denial. When the application introductory text by: a household submits an application furnished by a family is not complete or I 1. Removing the words ‘‘school food containing complete documentation, as does not meet the eligibility criteria for authority’’ in the first sentence and defined in § 245.2, and the household’s free or reduced price benefits, the local adding in their place the words ‘‘local total current income is at or below the educational agency must document and educational agency’’; eligibility limits specified in the Income retain the reasons for ineligibility and I 2. Adding a new sentence between the Eligibility Guidelines as defined in must retain the denied application. In first and second sentences; and § 245.2, the children in that household addition, the local educational agency I 3. Removing the words ‘‘School food must be approved for free or reduced must promptly provide written notice to authorities’’ in the last sentence and price benefits, as applicable. each family denied benefits. As a adding in their place the words ‘‘Local (5) Categorical eligibility. When a minimum, this notice shall include: educational agencies’’; household submits an application (i) The reason for the denial of I d. Amend the second sentence of containing the required food stamp, benefits, e.g. income in excess of paragraph (a)(2)(v) by removing the FDPIR or TANF documentation, as allowable limits or incomplete words ‘‘school food authorities’’ and defined under Documentation in application; adding in their place the words ‘‘local § 245.2, the children in that household (ii) Notification of the right to appeal; educational agencies’’; must be approved for free benefits. (iii) Instructions on how to appeal; I e. Amend the second sentence of Additionally, when the local and paragraph (a)(4) by removing the words educational agency obtains (iv) A statement reminding parents ‘‘School Food Authority’s’’ and adding documentation, as defined in § 245.2, that they may reapply for free or in their place the words ‘‘local from the State or local agency reduced price benefits at any time educational agency’s’’; responsible for the administration of the during the school year. I f. Amend paragraph (b)(3) by: Food Stamp Program, FDPIR and/or (8) Appeals of denied benefits. A I 1. Removing the words ‘‘School Food TANF Program that children are family that wishes to appeal an Authority’’ in the first sentence and members of a Food Stamp Program, application that was denied may do so adding in their place the words ‘‘local FDPIR or TANF household receiving in accordance with the procedures educational agency’’; and assistance from one or more of those established by the local educational I 2. Removing the words ‘‘school food programs, the local educational agency agency as required by § 245.7. However, authority’’ in the second sentence and must approve such children for free prior to initiating the hearing procedure, adding in their place the words ‘‘local benefits without an application. the family may request a conference to educational agency’’;

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I g. Amend paragraph (c) by: The revision reads as follows: list of areas considered free of I 1. Removing the words ‘‘school food rinderpest and foot-and-mouth disease. authority’’ wherever they appear and § 245.10 Action by local educational The interim rule also removed Uruguay agencies. adding in their place the words ‘‘local from the list of regions declared free of educational agency’’; and * * * * * those diseases, but that are subject to I 2. Removing the words ‘‘school food § 245.11 [Amended] certain restrictions because of their authorities’’ wherever they appear and proximity to or trading relations with adding in their place the words ‘‘local I 13. In 245.11: regions affected with rinderpest or foot- educational agencies’’; and I a. Amend the first sentence of and-mouth disease. The interim rule I h. Amend paragraph (e) by removing paragraph (a)(1) by removing the words was necessary because the existence of the words ‘‘School Food Authority’’ ‘‘school food authority’’ and adding in foot-and-mouth disease had been wherever they appear and adding in their place the words ‘‘local educational confirmed in 18 Departments in their place the words ‘‘local educational agency as defined in § 245.2’’; Uruguay. Because there have been no agency’’. I b. Amend paragraph (c) by removing occurrences of rinderpest in Uruguay, The addition reads as follows: the words ‘‘School Food Authorities’’ this final rule adds Uruguay to the list § 245.6a Verification requirements. and adding in their place the words of regions considered free of that ‘‘local educational agencies’’; disease. (a) * * * I c. Amend paragraph (d) by removing (2) * * * Any communication with the words ‘‘School Food Authorities’’ EFFECTIVE DATE: December 13, 2007. households concerning verification and adding in their place the words FOR FURTHER INFORMATION CONTACT: Dr. must be in an understandable and ‘‘local educational agencies’’; Gary Colgrove, Director, Sanitary Trade uniform format and, to the maximum I d. Amend paragraph (e) removing the Issues Team, National Center for Import extent practicable, in a language that words ‘‘school food authority’’ and and Export, VS, APHIS, 4700 River parents and guardians can understand. Road, Unit 38, Riverdale, MD 20737– *** adding in their place the words ‘‘local educational agency’’; 1231; (301) 734–3276. * * * * * I e. Amend paragraph (f) by removing SUPPLEMENTARY INFORMATION: I 10. In § 245.7: the words ‘‘School Food Authorities’’ I Background a. Revise the heading; and wherever they appear and adding in I b. Amend paragraph (a) by removing their place the words ‘‘local educational The regulations in 9 CFR part 94 the words ‘‘School Food Authority’’ agencies’’; (referred to below as the regulations) wherever they appear and adding in I f. Amend paragraph (i) by removing govern the importation of specified their place the words ‘‘local educational the words ‘‘school food authority’’ animals and animal products into the agency’’; wherever they appear and adding in United States in order to prevent the The revision reads as follows: their place the words ‘‘local educational introduction of various animal diseases § 245.7 Hearing procedure for families and agency’’; and including rinderpest, foot-and-mouth local educational agencies. I g. Amend the third sentence of disease (FMD), African swine fever, * * * * * paragraph (i) by removing the words classical swine fever, swine vesicular ‘‘school food authorities’’ and adding in disease, and bovine spongiform § 245.8 [Amended] their place the words ‘‘local educational encephalopathy. These are dangerous I 11. In § 245.8: agencies’’. and destructive communicable diseases I of ruminants and swine. Section 94.1 of a. Amend the first sentence of the Dated: November 2, 2007. introductory text by adding the words the regulations lists regions of the world Roberto Salazar, ‘‘and local educational agencies’’ after that are declared free of rinderpest or the words ‘‘School Food Authorities’’; Administrator, Food and Nutrition Service. free of both rinderpest and FMD. Under and [FR Doc. E7–22053 Filed 11–9–07; 8:45 am] § 94.11 of the regulations, some of those I b. Amend paragraph (e) by removing BILLING CODE 3410–30–P regions are subject to additional the references ‘‘§ 210.10, § 210.15a, restrictions because of their proximity to § 220.8 or § 215.2(1)’’ and adding in or trading relationships with rinderpest their place the words ‘‘§ 210.10, § 220.8 DEPARTMENT OF AGRICULTURE and FMD-affected regions. or the definition of Milk in § 215.2’’. In an interim rule effective October 1, I 12. Amend § 245.10 by: Animal and Plant Health Inspection 2000, and published in the Federal I a. Revising the heading; Service Register on December 13, 2000 (65 FR I b. Removing the words ‘‘School Food 77771–77773, Docket No. 00–111–1), we Authority’’ wherever they appear and 9 CFR Part 94 amended the regulations by removing Artigas, a region in northern Uruguay, adding in their place the words ‘‘local [Docket No. 00–111–3] educational agency’’; from the list of regions considered to be I c. Removing the words ‘‘school food Foot-and-Mouth Disease Status of free of rinderpest and FMD because authority’’ wherever they appear and Uruguay FMD had been confirmed there. Prior to adding in their place the words ‘‘local the effective date of that interim rule, educational agency’’; AGENCY: Animal and Plant Health the entire country of Uruguay was listed I d. Removing the words ‘‘School Food Inspection Service, USDA. in §§ 94.1 and 94.11 as a region Authority’s’’ wherever they appear and ACTION: Final rule. considered free of rinderpest and FMD. adding in their place the words ‘‘local We solicited comments concerning educational agency’s’’; and SUMMARY: We are adopting as a final the interim rule for 60 days ending I e. Removing the words ‘‘school food rule, with one change, our July 2001 February 12, 2001, and received two authorities’’ in the third sentence of interim rule that amended the comments by that date. paragraph (a)(3) and adding in their regulations governing the importation of However, on April 23, 2001, FMD was place the words ‘‘local educational certain animals, meat, and other animal confirmed in the Uruguayan department agencies’’. products by removing Uruguay from the of Soriano. Subsequently, new

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outbreaks of the disease were confirmed and the Regulatory Flexibility Act, SUMMARY: The FAA is amending its in the departments of Artigas, Executive Order 12988, and the requirements to allow the issuance of Canelones, Colonia, Duranzo, Flores, Paperwork Reduction Act. export airworthiness approvals for Class Florida, Lavalleja, Maldonado, Further, for this action, the Office of II and III products located at facilities Paysandu, Rio Negro, Rivera, Rocha, Management and Budget has waived its outside the United States. The FAA Salto, San Jose, Tacuarembo, and review under Executive Order 12866. proposed this change in a Notice of Treinta y Tres. List of Subjects in 9 CFR Part 94 Proposed Rulemaking (NPRM) issued on In response to the spread of FMD October 5, 2006. That NPRM proposed within Uruguay, we issued an interim Animal diseases, Imports, Livestock, comprehensive changes to 14 CFR part rule effective April 2, 2001, and Meat and meat products, Milk, Poultry 21 to standardize production and published in the Federal Register on and poultry products, Reporting and airworthiness requirements for July 13, 2001 (66 FR 36695–36697, recordkeeping requirements. production approval holders. This final Docket No. 00–111–2), that amended the I Accordingly, the interim rule rule expedites the promulgation of a regulations by removing Uruguay from amending 9 CFR part 94 that was simple and uncontroversial portion of the list of regions considered free of published at 66 FR 36695–36697 on July that rulemaking. The FAA intends to rinderpest and FMD and from the list of 13, 2001, is adopted as a final rule with issue a separate final rule on other regions that, although rinderpest and the following change: proposals in that NPRM. FMD-free, are subject to certain DATES: PART 94—RINDERPEST, FOOT-AND- This amendment becomes restrictions on the importation of meat effective January 14, 2008. and other animal products. MOUTH DISEASE, FOWL PEST (FOWL Comments on the interim rule of July PLAGUE), EXOTIC NEWCASTLE FOR FURTHER INFORMATION CONTACT: For 13, 2001, were required to be received DISEASE, AFRICAN SWINE FEVER, technical questions concerning this final on or before September 11, 2001. We CLASSICAL SWINE FEVER, AND rule, contact John Linsenmeyer, did not receive any comments. BOVINE SPONGIFORM Production Certification Branch, AIR– Although we removed Uruguay from ENCEPHALOPATHY: PROHIBITED 220, Federal Aviation Administration, the list of regions considered to be free AND RESTRICTED IMPORTATIONS 800 Independence Avenue, SW., of rinderpest and FMD, we recognized Washington, DC 20591; telephone (202) I in that interim rule that Uruguay’s 1. The authority citation for part 94 493–5571; facsimile (202) 267–5580, e- Ministry of Livestock, Agriculture, and continues to read as follows: mail [email protected]. Fisheries had responded immediately to Authority: 7 U.S.C. 450, 7701–7772, 7781– SUPPLEMENTARY INFORMATION: 7786, and 8301–8317; 21 U.S.C. 136 and the detection of the disease by imposing Authority for This Rulemaking restrictions on the movements of 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, 371.4. ruminants and swine from the affected I 2. In § 94.1, paragraph (a)(3) is revised Under the laws of the United States, areas and by initiating several measures to read as follows: the Department of Transportation has to eradicate the disease. For this reason, the responsibility to develop we stated that we intended to reassess § 94.1 Regions where rinderpest or foot- transportation policies and programs the situation in accordance with the and-mouth disease exists; importations that contribute to providing fast, safe, prohibited. standards of the World Organization for efficient, and convenient transportation Animal Health (OIE) at a future date. (a) * * * (49 U.S.C. 101). The Federal Aviation Since that time, we have undertaken (3) The following regions are declared Administration (FAA or ‘‘we’’) is an a reassessment of Uruguay’s disease to be free of rinderpest: Namibia, the agency of the Department. The FAA has status. While we acknowledge the many Republic of South Africa, and Uruguay. general authority to issue rules efforts Uruguay has made to control and * * * * * regarding aviation safety, including eradicate FMD within its departments Done in Washington, DC, this 7th day of minimum standards for appliances and since the interim rule was published, November 2007. for the design, material, construction, we have received no data suggesting Kevin Shea, quality of work, and performance of that our disease classification of the Acting Administrator, Animal and Plant aircraft, aircraft engines, and propellers country is in error, or supporting the Health Inspection Service. (49 U.S.C. 106(g) and 44701). We may return of Uruguay to FMD-free status. [FR Doc. E7–22091 Filed 11–9–07; 8:45 am] also prescribe regulations in the interest of safety for registering and identifying However, we note that while it was BILLING CODE 3410–34–P necessary to remove Uruguay from the an aircraft engine, propeller, or list in § 94.1(a)(2) of regions that are appliance (49 U.S.C. 44104). The FAA may issue, among other declared to be free of both FMD and DEPARTMENT OF TRANSPORTATION rinderpest, the disease situation that led things, type certificates, production to that action involved only FMD. Federal Aviation Administration certificates and airworthiness Therefore, it is possible to include certificates (49 U.S.C. 44702). We issue Uruguay on the list of regions declared 14 CFR Part 21 a production certificate authorizing the to be free of rinderpest. Accordingly, production of a duplicate of an aircraft, this final rule amends § 94.1(a)(3) by [Docket No. FAA–2006–25877; Amendment aircraft engine, propeller, or appliance No. 21–91] adding Uruguay to the list of regions for which a type certificate has been declared to be free of rinderpest. RIN 2120–AI78 issued when we find the duplicate will Therefore, for the reasons given in the conform to the certificate. We may interim rule and in this document, we Production and Airworthiness include in a production certificate terms are adopting the interim rule as a final Approvals, Part Marking, and required in the interest of safety. We rule, with the change discussed in this Miscellaneous Proposals issue an airworthiness certificate for an document. AGENCY: Federal Aviation aircraft when we find the aircraft This final rule also affirms the Administration (FAA), DOT. conforms to its type design and is in information contained in the interim condition for safe operation. We may ACTION: Final rule. rule concerning Executive Order 12866 include in an airworthiness certificate

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terms required in the interest of safety However, these assignees work on administering its requirements. (49 U.S.C. 44704). behalf of the Administrator. Ultimately, Consequently, a PAH may direct ship its This document adopts a change to our the FAA has a statutory responsibility to products from a supplier facility regulations governing the certification inspect products and determine their without first shipping the product to the procedures for products and parts. This airworthiness status. We use the undue United States to obtain an export change will make it easier for burden determination to ensure, with airworthiness approval. manufacturers to produce and obtain FAA’s limited resources, we can meet Certificate management and designee aircraft parts in the global marketplace, the requirements of Title 49; our oversight responsibilities are examples which should aid the efficiency and obligations under that statute cannot by of potential burdens on the FAA. For competitiveness of the industry. For circumvented by application of a rule. these reasons, this final rule is a the PAHs, the assessment of undue reasonable and necessary exercise of the Discussion of the Final Rule burden related to issuing an export FAA’s rulemaking authority and Part 21, Subpart L contains airworthiness approval would be obligations. regulations for exporting aviation performed during the FAA’s undue products. This rulemaking amends the burden assessment of a prospective Background regulations governing how export production facility located outside the On October 5, 2006, the FAA issued airworthiness approvals for Class II and United States. Part of this assessment is an NPRM to amend its certification III products are issued. Export a determination by the FAA that the procedures and identification airworthiness approvals are used to PAH has established and implemented requirements for aeronautical products identify the airworthiness status of a supplier control procedures that are and parts (71 FR 58914). Included in particular product. Specifically, export acceptable to the FAA. that NPRM was a proposed change to airworthiness approvals attest that a The FAA has granted many petitions § 21.325(b)(3) to allow an export particular product conforms to the for exemption to § 21.325(b)(3), and this airworthiness approval to be issued for approved design and is in a condition rulemaking will resolve the direct-ship a product or article located outside of for safe operation. These approvals issue that prompted organizations to the U.S. if the FAA finds no undue provide a certain level of assurance that request them. Expediting this burden in administering its regulations a product or part that has been placed rulemaking results in a more efficient (Emphasis added). One aspect of the in the aviation stream of commerce disposition of those petitions for proposed change was to substitute the poses a negligible risk to the flying exemption. words ‘‘product or article’’ for ‘‘Class II public. They serve both civil aviation and III products.’’ This change was part authorities approving the products for For the reasons stated above, this final of a comprehensive effort to standardize import and the end-user who places rule adds new paragraph § 21.325(b)(4) terminology throughout part 21. them into service. Although export which allows export airworthiness Because the NPRM has not yet been approvals are required only when approvals to be issued for Class II and adopted, this final rule allows for the requested by the importing civil III products located outside of the issuance of export airworthiness airworthiness authority, these United States if the FAA finds no undue approvals outside the U.S., but it retains documents have become increasingly burden in administering the applicable the reference to ‘‘Class II and III valued in the aviation industry. requirements of Title 49 U.S.C. and products.’’ Products and parts with an subchapter C of Title 14 of the Code of airworthiness approval have increased Federal Regulations. Summary of Comments sales potential over those same parts Paperwork Reduction Act The FAA received one comment on that do not have an approval. our proposed changes to the regulations This rulemaking amends Subpart L to Information collection requirements affecting export airworthiness allow the issuance of export associated with this final rule have been approvals. The Aviation Suppliers airworthiness approvals for Class II and approved previously by the Office of Association noted that the proposal still III products, regardless of their location. Management and Budget (OMB) under imposes an obligation to apply to the Previously, the rule only permitted the provisions of the Paperwork FAA for the ‘‘no undue burden’’ approvals to be issued for these Reduction Act of 1995 (44 U.S.C. analysis. In the commenter’s view, such products manufactured and located in 3507(d)), and have been assigned OMB an analysis is not necessary. Designated the United States. Control Number 2120–0721. Airworthiness Representatives (DARs) When § 21.325(b)(3) was adopted (30 must already receive permission to FR 8465, Jul. 2, 1965), the international An agency may not collect or sponsor operate outside his or her geographic market for aviation products was the collection of information, nor may it region. If the DAR has the authority to minimal compared with today’s impose an information collection operate and make findings outside the international market. Additionally, FAA requirement unless it displays a U.S., then the DAR should also be resources were limited for issuing currently valid Office of Management permitted to issue an export export airworthiness approvals outside and Budget (OMB) control number. airworthiness approval. An ‘‘undue the United States. However, FAA International Compatibility burden analysis’’ would be duplicative designees are now available to issue and a waste of Government resources. export airworthiness approvals for In keeping with U.S. obligations The commenter recommends removal of production approval holders (PAHs) under the Convention on International the ‘‘undue burden analysis.’’ and other exporters. This rulemaking Civil Aviation, it is FAA policy to The FAA disagrees with the relieves the past restriction on issuing comply with International Civil commenter. Pursuant to Title 49 of the approvals, as well as the public’s Aviation Organization (ICAO) Standards United States Code, the Administrator burden of petitioning for exemptions, by and Recommended Practices to the of the FAA may delegate to a qualified allowing export airworthiness approvals maximum extent practicable. The FAA private person a matter related to the to be issued for any Class II or Class III has determined that there are no ICAO examination, testing, and inspection product located in another country, if Standards and Recommended Practices necessary to issue a certificate. the FAA finds no undue burden in that correspond to this final rule.

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Regulatory Evaluation, Regulatory Total Costs and Benefits of This Benefits of This Rulemaking Flexibility Determination, International Rulemaking The FAA estimates the present Trade Impact Assessment, and This Regulatory Evaluation examines discounted value of the benefits of this Unfunded Mandates Assessment the impact of an FAA rule allowing for rule to be approximately $83 million. the issuance of export airworthiness Changes to Federal regulations must Costs of This Rulemaking approvals for Class II (major undergo several economic analyses. components) and Class III (parts and As this rule relieves regulatory First, Executive Order 12866 directs that components) products located at burden, there are no costs of this rule. each Federal agency shall propose or facilities outside the United States. adopt a regulation only upon a reasoned Alternatives Considered Export airworthiness approvals are determination that the benefits of the required by the FAA only if required by The Status Quo—The status quo intended regulation justify its costs. the importing country. Consequently, represents a situation in which the FAA would continue to issue exemptions Second, the Regulatory Flexibility Act there is no issue of ‘‘market failure’’, at from § 21.325(b)(3) indefinitely. As that of 1980 (Public Law 96–354) requires least from the perspective of the United would perpetuate ‘‘rulemaking by agencies to analyze the economic States. impact of regulatory changes on small As this rule relieves regulatory exemption,’’ we choose not to continue entities. Third, the Trade Agreements burden, there are cost-relieving benefits with the status quo. Act (Public Law 96–39) prohibits and no costs. The FAA estimates the Final Regulatory Flexibility agencies from setting standards that annual cost savings from this rule to be Determination create unnecessary obstacles to the $11,867,500. As the rule is a procedural The Regulatory Flexibility Act of 1980 foreign commerce of the United States. change with no front-loaded costs, we (Pub. L. 96–354) (RFA) establishes ‘‘as a In developing U.S. standards, this Trade use a 10-year period of analysis. principle of regulatory issuance that Act requires agencies to consider Discounting this stream of annual cost agencies shall endeavor, consistent with international standards and, where savings (at 7%) for ten years yields a the objectives of the rule and of appropriate, that they be the basis of present value of approximately $83 applicable statutes, to fit regulatory and U.S. standards. Fourth, the Unfunded million. informational requirements to the scale Mandates Reform Act of 1995 (Pub. L. Who Is Potentially Affected by This of the businesses, organizations, and 104–4) requires agencies to prepare a Rulemaking governmental jurisdictions subject to written assessment of the costs, benefits, regulation. To achieve this principle, This rule potentially affects directly and other effects of proposed or final agencies are required to solicit and all production approval holders, rules that include a Federal mandate consider flexible regulatory proposals likely to result in the expenditure by including holders of Production and to explain the rationale for their State, local, or tribal governments, in the Certificates, Technical Standard Order actions to assure that such proposals are aggregate, or by the private sector, of Authorizations, and Parts Manufacturer given serious consideration.’’ The RFA $100 million or more annually (adjusted Approvals. The rule also potentially covers a wide-range of small entities, for inflation with base year of 1995). affects distributors, importers and including small businesses, not-for- exporters of airplane parts, air operators profit organizations, and small In conducting these analyses, FAA and carriers, and the flying public. has determined that this final rule: (1) governmental jurisdictions. Has benefits that justify its costs, (2) is Assumptions Agencies must perform a review to determine whether a rule will have a not an economically ‘‘significant This evaluation makes the following significant economic impact on a regulatory action’’ as defined in section assumptions: substantial number of small entities. If 3(f) of Executive Order 12866, (3) is not • This rule would become effective the agency determines that it will, the ‘‘significant’’ as defined in DOT’s on January 1, 2008. Regulatory Policies and Procedures; (4) • The discount rate is 7 percent agency must prepare a regulatory will not have a significant economic (Office of Management and Budget, flexibility analysis as described in the impact on a substantial number of small Circular A–94, ‘‘Guidelines and RFA. However, if an agency determines that a rule is not expected to have a entities; (5) will not create unnecessary Discount Rates for Benefit-Cost Analysis significant economic impact on a obstacles to the foreign commerce of the of Federal Programs’’, October 29, 1992, substantial number of small entities, United States; and (6) will not impose p. 8). section 605(b) of the RFA provides that an unfunded mandate on state, local, or • The period of analysis is the 10-year the head of the agency may so certify tribal governments, or on the private period, 2008–2017. • and a regulatory flexibility analysis is sector by exceeding the threshold For purposes of discounting, cost not required. The certification must identified above. These analyses are savings are conventionally assumed to include a statement providing the summarized below. occur at the end of the year. (If assumed to occur at the beginning of the year, the factual basis for this determination, and Regulatory Evaluation Summary discounted present value of the cost the reasoning should be clear. savings increases by 7%.) The Initial Regulatory Flexibility This portion of the preamble Analysis of the rules proposed in the summarizes the FAA’s analysis of the Changes From the NPRM to the Final NPRM found a significant economic economic impact of this rule. It also Rule impact on a substantial number of small includes summaries of the final • The effective date of the rule entities. This result was reported in the regulatory flexibility analysis, changes from 18 months after NPRM and the full IRFA was placed in international trade impact assessment, publication in the Federal Register to the docket (FAA–2006–25877), along and the unfunded mandate assessment. effective on January 1, 2008. with the Initial Regulatory Analysis, and For more information, we suggest • The period of analysis changes from was also published in the Federal readers go to the full regulatory 2009–2018 to 2008–2017. Register (72 FR 6968, February 14, evaluation, a copy of which we have • The base year changes from 2005 to 2007). This final rule, however, is cost placed in the docket for this rulemaking. 2008. relieving and, therefore, imposes no

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economic cost on small entities. assessment or environmental impact may contact your local FAA official, or Moreover, we did not receive any statement under the National the person listed under the FOR FURTHER comments regarding the small entity Environmental Policy Act in the INFORMATION CONTACT heading at the impact of this part of the NPRM. absence of extraordinary circumstances. beginning of the preamble. You can find Therefore as the Acting FAA The FAA has determined this out more about SBREFA on the Internet Administrator, I certify that this rule rulemaking action qualifies for the at http://www.faa.gov/ will not have a significant economic categorical exclusion identified in regulations_policies/rulemaking/ impact on a substantial number of small paragraph 308(b) and involves no sbre_act/. entities. extraordinary circumstances. List of Subjects in 14 CFR Part 21 International Trade Impact Assessment Regulations That Significantly Affect Aircraft, Certification procedures for The Trade Agreements Act of 1979 Energy Supply, Distribution, or Use products and parts, Export (Pub. L. 96–39) prohibits Federal The FAA has analyzed this final rule airworthiness approvals. agencies from establishing any under Executive Order 13211, Actions standards or engaging in related Concerning Regulations that The Amendment activities that create unnecessary Significantly Affect Energy Supply, I In consideration of the foregoing, the obstacles to the foreign commerce of the Distribution, or Use (May 18, 2001). We Federal Aviation Administration United States. Legitimate domestic have determined that it is not a amends Chapter I of Title 14, Code of objectives, such as safety, are not ‘‘significant energy action’’ under the Federal Regulations as follows: considered unnecessary obstacles. The executive order because it is not a statute also requires consideration of ‘‘significant regulatory action’’ under PART 21—CERTIFICATION international standards and, where Executive Order 12866, and it is not PROCEDURES FOR PRODUCTS AND appropriate, that they be the basis for likely to have a significant adverse effect PARTS U.S. standards. The FAA has assessed on the supply, distribution, or use of I the potential effect of this final rule and energy. 1. The authority citation for part 21 determined it would promote continues to read as follows: Availability of Rulemaking Documents international trade by reducing the cost Authority: 42 U.S.C. 7572; 49 U.S.C. of export airworthiness approvals for You can get an electronic copy of 106(g), 40105, 40113, 44701–44702, 44707, Class II products (major components) rulemaking documents using the 44709, 44711, 44713, 44715, 45303. and Class III products (parts and Internet by— I 2. Amend § 21.325 by adding new 1. Searching the Federal eRulemaking components). paragraph (b)(4) to read as follows: portal at http://www.regulations.gov; Unfunded Mandates Assessment 2. Visiting the FAA’s Regulations and § 21.325 Export airworthiness approvals. Title II of the Unfunded Mandates Policies Web page at http:// _ * * * * * Reform Act of 1995 (Pub. L. 104–4) www.faa.gov/regulations policies/; or (b)* * * requires each Federal agency to prepare 3. Accessing the Government Printing (4) Class II and III products located a written statement assessing the effects Office’s Web page at http:// outside of the United States if the FAA of any Federal mandate in a proposed or www.gpoaccess.gov/fr/index.html. finds no undue burden in administering You can also get a copy by sending a final agency rule that may result in an the applicable requirements of Title 49 request to the Federal Aviation expenditure of $100 million or more U.S.C. and this subchapter. (adjusted annually for inflation with the Administration, Office of Rulemaking, * * * * * base year 1995) in any one year by State, ARM–1, 800 Independence Avenue, local, and tribal governments, in the SW., Washington, DC 20591, or by Issued in Washington, DC, on November 6, aggregate, or by the private sector; such calling (202) 267–9680. Make sure to 2007. a mandate is deemed to be a ‘‘significant identify the amendment number or Robert A. Sturgell, regulatory action.’’ The FAA currently docket number of this rulemaking. Acting Administrator. uses an inflation-adjusted value of Anyone is able to search the [FR Doc. E7–22111 Filed 11–9–07; 8:45 am] $128.1 million. electronic form of all comments BILLING CODE 4910–13–P This final rule does not contain such received into any of our dockets by the a mandate. The requirements of Title II name of the individual submitting the do not apply. comment (or signing the comment, if DEPARTMENT OF TRANSPORTATION submitted on behalf of an association, Executive Order 13132, Federalism business, labor union, etc.). You may Federal Aviation Administration The FAA has analyzed this final rule review DOT’s complete Privacy Act under the principles and criteria of statement in the Federal Register 14 CFR Part 39 Executive Order 13132, Federalism. We published on April 11, 2000 (Volume [Docket No. FAA–2007–28828; Directorate determined that this action will not 65, Number 70; Pages 19477–78) or you Identifier 2007–NM–010–AD; Amendment have a substantial direct effect on the may visit http://DocketsInfo.dot.gov. 39–15258; AD 2007–23–12] States, or the relationship between the Small Business Regulatory Enforcement national Government and the States, or RIN 2120–AA64 Fairness Act on the distribution of power and Airworthiness Directives; Boeing responsibilities among the various The Small Business Regulatory Enforcement Fairness Act (SBREFA) of Model 707 Airplanes and Model 720 levels of government, and, therefore, and 720B Series Airplanes does not have federalism implications. 1996 requires FAA to comply with small entity requests for information or AGENCY: Environmental Analysis Federal Aviation advice about compliance with statutes Administration (FAA), Department of FAA Order 1050.1E identifies FAA and regulations within its jurisdiction. If Transportation (DOT). actions that are categorically excluded you are a small entity and you have a ACTION: Final rule. from preparation of an environmental question regarding this document, you

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SUMMARY: The FAA is adopting a new require accomplishing an airplane Authority for This Rulemaking airworthiness directive (AD) for all survey to define the configuration of Title 49 of the United States Code Boeing Model 707 airplanes and Model certain system installations, and repair specifies the FAA’s authority to issue 720 and 720B series airplanes. This AD of any discrepancy found. That NPRM rules on aviation safety. Subtitle I, requires accomplishing an airplane proposed to also require modifying the Section 106, describes the authority of survey to define the configuration of fuel system by installing lightning the FAA Administrator. Subtitle VII, certain system installations, and repair protection for the fuel quantity Aviation Programs, describes in more of any discrepancy found. This AD also indication system, ground fault relays detail the scope of the Agency’s requires modifying the fuel system by for the fuel boost pumps, and additional authority. installing lightning protection for the power relays for the center tank fuel We are issuing this rulemaking under fuel quantity indication system (FQIS), pumps and uncommanded on- the authority described in Subtitle VII, ground fault relays for the fuel boost indication lights at the flight engineer’s Part A, Subpart III, Section 44701, pumps, and additional power relays for panel. ‘‘General requirements.’’ Under that the center tank fuel pumps and section, Congress charges the FAA with Comments uncommanded on-indication lights at promoting safe flight of civil aircraft in the flight engineer’s panel. This AD We provided the public the air commerce by prescribing regulations results from fuel system reviews opportunity to participate in the for practices, methods, and procedures conducted by the manufacturer. We are development of this AD. We have the Administrator finds necessary for issuing this AD to prevent certain considered the single comment safety in air commerce. This regulation failures of the fuel pumps or FQIS, received. The commenter, Boeing, is within the scope of that authority which could result in a potential supports the NPRM. because it addresses an unsafe condition ignition source inside the fuel tank, that is likely to exist or develop on which, in combination with flammable Conclusion products identified in this rulemaking fuel vapors, could result in a fuel tank action. explosion and consequent loss of the We have carefully reviewed the airplane. available data, including the comment Regulatory Findings received, and determined that air safety DATES: This AD becomes effective We have determined that this AD will December 18, 2007. and the public interest require adopting not have federalism implications under the AD as proposed. ADDRESSES: For service information Executive Order 13132. This AD will identified in this AD, contact Boeing Costs of Compliance not have a substantial direct effect on Commercial Airplanes, P.O. Box 3707, the States, on the relationship between Seattle, Washington 98124–2207. There are about 185 airplanes of the the national government and the States, affected design in the worldwide fleet. or on the distribution of power and Examining the AD Docket This AD affects about 52 airplanes of responsibilities among the various You may examine the AD docket on U.S. registry. levels of government. For the reasons discussed above, I the Internet at http:// The required survey takes about 20 certify that this AD: www.regulations.gov; or in person at the work hours per airplane, at an average Docket Management Facility between 9 (1) Is not a ‘‘significant regulatory labor rate of $80 per work hour. Based action’’ under Executive Order 12866; a.m. and 5 p.m., Monday through on these figures, the estimated cost of Friday, except Federal holidays. The AD (2) Is not a ‘‘significant rule’’ under the survey for U.S. operators is $83,200, DOT Regulatory Policies and Procedures docket contains this AD, the regulatory or $1,600 per airplane. evaluation, any comments received, and (44 FR 11034, February 26, 1979); and other information. The address for the Because the manufacturer has not yet (3) Will not have a significant Docket Office (telephone 800–647–5527) developed a modification economic impact, positive or negative, is the Document Management Facility, commensurate with the actions on a substantial number of small entities U.S. Department of Transportation, specified by this AD, we cannot provide under the criteria of the Regulatory Docket Operations, M–30, West specific information regarding the Flexibility Act. We prepared a regulatory evaluation Building Ground Floor, Room W12–140, required number of work hours or the of the estimated costs to comply with 1200 New Jersey Avenue, SE., cost of parts to do the required this AD and placed it in the AD docket. Washington, DC 20590. modification. In addition, modification See the ADDRESSES section for a location FOR FURTHER INFORMATION CONTACT: costs will likely vary depending on the to examine the regulatory evaluation. Kathrine Rask, Aerospace Engineer, operator and the airplane configuration. Propulsion Branch, ANM–140S, FAA, The compliance time of 72 months List of Subjects in 14 CFR Part 39 Seattle Aircraft Certification Office, should provide ample time for the development, approval, and installation Air transportation, Aircraft, Aviation 1601 Lind Avenue, SW., Renton, safety, Safety. Washington 98057–3356; telephone of an appropriate modification. (425) 917–6505; fax (425) 917–6590. Based on similar modifications Adoption of the Amendment SUPPLEMENTARY INFORMATION: accomplished previously on other I Accordingly, under the authority airplane models, however, we can Discussion delegated to me by the Administrator, reasonably estimate that the the FAA amends 14 CFR part 39 as The FAA issued a notice of proposed modification may require as many as follows: rulemaking (NPRM) to amend 14 CFR 420 work hours per airplane, at an part 39 to include an AD that would average labor rate of $80 per work hour. PART 39—AIRWORTHINESS apply to all Boeing Model 707 airplanes Required parts may cost up to $185,000 DIRECTIVES and Model 720 and 720B series per airplane. Based on these figures, the airplanes. That NPRM was published in estimated cost of the modification for I 1. The authority citation for part 39 the Federal Register on August 1, 2007 U.S. operators may cost up to continues to read as follows: (72 FR 41958). That NPRM proposed to $11,367,200, or $218,600 per airplane. Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] Airplane Survey corrosion, cracking, or system failures) that (f) Within 12 months after the effective might prevent the airplane from being in an I 2. The Federal Aviation date of this AD: Conduct an airplane survey airworthy condition. Administration (FAA) amends § 39.13 that defines the configuration of system by adding the following new installations for the wing leading edges, Modification of Fuel System airworthiness directive (AD): wing-to-body area, electrical equipment bay, (g) Within 72 months after the effective flight deck, and FQIS using a method 2007–23–12 Boeing: Amendment 39–15258. date of this AD: Modify the fuel system as approved in accordance with the procedures Docket No. FAA–2007–28828; specified in paragraphs (g)(1), (g)(2), and specified in paragraph (h)(1) of this AD. If Directorate Identifier 2007–NM–010–AD. (g)(3) of this AD, using a method approved any discrepancy is detected, repair before in accordance with the procedures specified Effective Date further flight using a method approved in in paragraph (h)(1) of this AD. accordance with the procedures specified in (a) This AD becomes effective December (1) Replace the FQIS wire bundle along the paragraph (h)(1) of this AD. Submit the 18, 2007. leading edge of the left and right wings with survey results to the Manager, Seattle Aircraft a new wire bundle that has a lightning shield Certification Office (ACO), FAA, 1601 Lind Affected ADs that is separated from other wiring. Avenue SW., Renton, Washington 98057– (b) None. (2) Replace each fuel pump relay with a 3356, at the applicable time specified in ground fault interrupter relay. Applicability paragraph (f)(1) or (f)(2) of this AD. The report must include the survey results (e.g., (3) Install redundant power relays for the (c) This AD applies to all Boeing Model photographs and sketches, part numbers of center tank fuel pumps and uncommanded 707–100 long body, –200, –100B long body, FQIS components and fuel pumps, and the on-indication lights at the flight engineer’s and –100B short body series airplanes; and actual configuration of FQIS and the fuel panel. Model 707–300, –300B, –300C, and –400 pump control systems), a description of any Alternative Methods of Compliance series airplanes; and Model 720 and 720B discrepancy found, the airplane serial (AMOCs) series airplanes; certificated in any category. number, and the number of landings and (h)(1) The Manager, Seattle ACO has the Unsafe Condition flight hours on the airplane. Under the provisions of the Paperwork Reduction Act authority to approve AMOCs for this AD, if (d) This AD results from fuel system (44 U.S.C. 3501 et seq.), the Office of requested in accordance with the procedures reviews conducted by the manufacturer. We Management and Budget (OMB) has found in 14 CFR 39.19. are issuing this AD to prevent certain failures approved the information collection (2) To request a different method of of the fuel pumps or fuel quantity indication requirements contained in this AD and has compliance or a different compliance time system (FQIS), which could result in a assigned OMB Control Number 2120–0056. for this AD, follow the procedures in 14 CFR potential ignition source inside the fuel tank, (1) If the survey was done after the 39.19. Before using any approved AMOC on which, in combination with flammable fuel effective date of this AD: Submit the report any airplane to which the AMOC applies, vapors, could result in fuel tank explosion within 30 days after the survey. notify your appropriate principal inspector and consequent loss of the airplane. (2) If the survey was done before the (PI) in the FAA Flight Standards District effective date of this AD: Submit the report Office (FSDO), or lacking a PI, your local Compliance within 30 days after the effective date of this FSDO. (e) You are responsible for having the AD. Material Incorporated by Reference actions required by this AD performed within Note 1: For the purposes of this AD, the compliance times specified, unless the ‘‘discrepancy’’ is defined as any wear or (i) None. actions have already been done. deterioration (e.g., damage, fluid leaks, BILLING CODE 4910–13–P

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Issued in Renton, Washington, on October SUPPLEMENTARY INFORMATION: On System as the approved interchange and 12, 2007. October 12, 2007, the FAA issued AD announced that the requirement that Stephen P. Boyd, 2007–22–04, amendment 39–15240 (72 advance electronic cargo information be Assistant Manager, Transport Airplane FR 60238, October 24, 2007), for all transmitted through ACE would be Directorate, Aircraft Certification Service. Airbus Model A330 airplanes. The AD phased in by groups of ports of entry. [FR Doc. 07–5635 Filed 11–9–07; 8:45 am] requires revising the Procedures and This document announces that at all BILLING CODE 4910–13–C Emergency sections of the Airbus A330 land border ports in the state of Alaska Airplane Flight Manual. truck carriers will be required to file As published, that AD did not include electronic manifests through the ACE DEPARTMENT OF TRANSPORTATION the sentence that contains the deadline Truck Manifest System. for submitting comments. DATES: Trucks entering the United Federal Aviation Administration No part of the regulatory information States through land border ports of entry has been changed; therefore, the final in the state of Alaska will be required 14 CFR Part 39 rule is not republished in the Federal to transmit the advance information Register. [Docket No. FAA–2007–0073; Directorate through the ACE Truck Manifest system The effective date of this AD remains Identifier 2007–NM–229–AD; Amendment effective February 11, 2008. 39–15240; AD 2007–22–04] November 8, 2007. RIN 2120–AA64 In the Federal Register of October 24, FOR FURTHER INFORMATION CONTACT: Mr. 2007, on page 60238, in the second James Swanson, via e-mail at Airworthiness Directives; Airbus Model column, the DATES section of AD 2007– [email protected]. A330 Airplanes 22–04 is corrected to read as follows: ‘‘DATES: This AD becomes effective SUPPLEMENTARY INFORMATION: AGENCY: Federal Aviation November 8, 2007. Background Administration (FAA), Department of The Director of the Federal Register Transportation (DOT). approved the incorporation by reference Section 343(a) of the Trade Act of ACTION: Final rule; correction. of a certain publication listed in the AD 2002, as amended (the Act; 19 U.S.C. as of November 8, 2007. 2071 note), required that CBP SUMMARY: The FAA is correcting a We must receive comments on this promulgate regulations providing for the typographical error in an existing AD by December 17, 2007.’’ mandatory transmission of electronic airworthiness directive (AD) that was Issued in Renton, Washington, on cargo information by way of a CBP- published in the Federal Register on approved electronic data interchange October 24, 2007 (72 FR 60238). The November 2, 2007. Ali Bahrami, (EDI) system before the cargo is brought error resulted in an inadvertent into or departs the United States by any omission of the deadline for submitting Manager, Transport Airplane Directorate, Aircraft Certification Service. mode of commercial transportation (sea, comments. This AD applies to all air, rail or truck). The cargo information [FR Doc. E7–21996 Filed 11–9–07; 8:45 am] Airbus Model A330 airplanes. This AD required is that which is reasonably requires revising the Procedures and BILLING CODE 4910–13–P necessary to enable high-risk shipments Emergency sections of the Airbus A330 to be identified for purposes of ensuring Airplane Flight Manual. cargo safety and security and preventing DATES: This correction is effective DEPARTMENT OF HOMELAND smuggling pursuant to the laws enforced November 13, 2007. The AD published SECURITY and administered by CBP. at 72 FR 60238 remains effective Bureau of Customs and Border On December 5, 2003, CBP published November 8, 2007. Comments on the Protection in the Federal Register (68 FR 68140) a AD at 72 FR 60238 must be received by final rule to effectuate the provisions of December 17, 2007. 19 CFR Part 123 the Act. In particular, a new section ADDRESSES: You may examine the AD 123.92 (19 CFR 123.92) was added to docket on the Internet at http:// [CBP Dec. 07–84 ] the regulations to implement the www.regulations.gov; or in person at the Advance Electronic Presentation of inbound truck cargo provisions. Section Docket Management Facility between 123.92 describes the general 9 a.m. and 5 p.m., Monday through Cargo Information for Truck Carriers Required To Be Transmitted Through requirement that, in the case of any Friday, except Federal holidays. The AD inbound truck required to report its docket contains this AD, the regulatory ACE Truck Manifest at Ports in the State of Alaska arrival under section 123.1(b), if the evaluation, any comments received, and truck will have commercial cargo other information. The address for the AGENCY: Customs and Border Protection, aboard, CBP must electronically receive Docket Office (telephone 800–647–5527) Department of Homeland Security. certain information regarding that cargo is the Document Management Facility, ACTION: Final rule. through a CBP-approved EDI system no U.S. Department of Transportation, later than 1 hour prior to the carrier’s Docket Operations, M–30, West SUMMARY: Pursuant to section 343(a) of reaching the first port of arrival in the Building Ground Floor, Room W12–140, the Trade Act of 2002 and implementing United States. For truck carriers arriving 1200 New Jersey Avenue, SE., regulations, truck carriers and other with shipments qualified for clearance Washington, DC 20590. eligible parties are required to transmit under the FAST (Free and Secure Trade) FOR FURTHER INFORMATION CONTACT: Tim advance electronic truck cargo program, section 123.92 provides that Backman, Aerospace Engineer, information to Customs and Border CBP must electronically receive such International Branch, ANM–116, Protection (CBP) through a CBP- cargo information through the CBP- Transport Airplane Directorate, FAA, approved electronic data interchange. In approved EDI system no later than 30 1601 Lind Avenue, SW., Renton, a previous document, CBP designated minutes prior to the carrier’s reaching Washington 98057–3356; telephone the Automated Commercial the first port of arrival in the United (425) 227–2797; fax (425) 227–1149. Environment (ACE) Truck Manifest States.

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ACE Truck Manifest Test announced on January 19, 2007 (72 FR Dated: November 7, 2007. On September 13, 2004, CBP 2435) that, after 90 days notice, the use Jayson P. Ahern, published a notice in the Federal of the ACE Truck Manifest System will Acting Commissioner, Customs and Border Register (69 FR 55167) announcing a be mandatory at all land border ports in Protection. test allowing participating Truck Carrier the states of California, Texas and New [FR Doc. E7–22133 Filed 11–9–07; 8:45 am] Accounts to transmit electronic manifest Mexico. On February 23, 2007 (72 FR BILLING CODE 9111–14–P data for inbound cargo through ACE, 8109), CBP announced that, after 90 days notice, the ACE Truck Manifest with any such transmissions System will be mandatory at all land automatically complying with advance DEPARTMENT OF THE TREASURY border ports in Michigan and New York. cargo information requirements as On April 13, 2007 (72 FR 18574), CBP provided in section 343(a) of the Trade Internal Revenue Service announced that, after 90 days notice, the Act of 2002. Truck Carrier Accounts ACE Truck Manifest System will be participating in the test were given the 26 CFR Part 1 mandatory at all land border ports in ability to electronically transmit the Vermont and New Hampshire, and at [TD 9364] truck manifest data and obtain release of the land border ports in North Dakota at their cargo, crew, conveyances, and RIN 1545–BG59 which ACE had not been required by equipment via the ACE Portal or any previous notice. On May 8, 2007 (72 Information Reporting on Employer- electronic data interchange messaging. FR 25965), CBP announced that, after 90 Owned Life Insurance Contracts A series of notices announced days notice, the ACE Truck Manifest additional deployments of the test, with System will be mandatory at all land AGENCY: Internal Revenue Service (IRS), deployment sites being phased in as border ports in the states of Idaho and Treasury. clusters. Clusters were announced in the Montana. On July 18, 2007 (72 FR ACTION: Temporary regulations. following notices published in the 39312), CBP announced that, again after Federal Register: 70 FR 30964 (May 31, 90 days notice, the ACE Truck Manifest SUMMARY: This document contains 2005); 70 FR 43892 (July 29, 2005); 70 System will be mandatory at all land temporary regulations concerning FR 60096 (October 14, 2005); 71 FR border ports in the states of Maine and information reporting on employer- 3875 (January 24, 2006); 71 FR 23941 Minnesota, as well. owned life insurance contracts under (April 25, 2006); 71 FR 42103 (July 25, section 6039I of the Internal Revenue 2006), 71 FR 77404 (December 26, ACE Mandated at Land Border Ports of Code (Code). This temporary regulation 2006); 72 FR 7058 (February 14, 2007); Entry in Alaska is necessary to provide taxpayers with 72 FR 14127 (March 26, 2007); 72 FR Applicable regulations (19 CFR immediate guidance as to how the 32135 (June 11, 2007), and 72 FR 53789 123.92(e)) require CBP, 90 days prior to requirements of section 6039I should be (September 20, 2007). The September mandating advance electronic applied. The temporary regulations 20, 2007 notice was the final test notice information at a port of entry, to publish generally apply to taxpayers that are announcing the test in certain ports of notice in the Federal Register informing engaged in a trade or business and that Alaska: Alcan, Dalton Cache, and affected carriers that the EDI system is are directly or indirectly a beneficiary of Skagway. CBP has tested ACE at all of in place and fully operational. a life insurance contract covering the the ports for which testing was planned. Accordingly, CBP is announcing in this life of an insured who is an employee Designation of ACE Truck Manifest document that, effective 90 days from of the trade or business on the date the System as the Approved Data the date of publication of this notice, contract is issued. The text of these Interchange System truck carriers entering the United States temporary regulations also serves as the through land border ports of entry in the text of proposed regulations set forth in In a notice published October 27, state of Alaska (Alcan, Dalton Cache and the notice of proposed rulemaking on 2006 (71 FR 62922), CBP designated the Skagway) will be required to present this subject elsewhere in this issue of Automated Commercial Environment advance electronic cargo information the Federal Register. (ACE) Truck Manifest System as the regarding truck cargo through the ACE DATES: Effective Date: These regulations approved EDI for the transmission of Truck Manifest System. are effective on November 13, 2007. required data and announced that the Although other systems that have Applicability Date: For date of requirement that advance electronic been deemed acceptable by CBP for applicability, see § 1.6039I–1T(b). cargo information be transmitted transmitting advance truck manifest FOR FURTHER INFORMATION CONTACT: through ACE would be phased in by data will continue to operate and may Concerning the regulations, Linda K. groups of ports of entry. still be used in the normal course of Boyd, 202–622–3970 (not a toll-free ACE was phased in as the required business for purposes other than number). transmission system at some ports even transmitting advance truck manifest while it was still being tested at other data, use of systems other than ACE will SUPPLEMENTARY INFORMATION: ports. However, the use of ACE to no longer satisfy advance electronic transmit advance electronic truck cargo Background and Explanation of cargo information requirements at the Provisions information was not required in any ports of entry announced in this port in which CBP did not first conduct document as of February 11, 2008. The Pension Protection Act of 2006, the test. Public Law 109–280, 120 Stat. 780 The October 27, 2006, document Compliance Sequence (2006), added sections 101(j) and 6039I identified all land border ports in the CBP has either required the use of to the Internal Revenue Code (Code) states of Washington and Arizona and ACE for the transmission of advance concerning employer-owned life the ports of Pembina, Neche, Walhalla, electronic truck cargo information, or insurance contracts. Maida, Hannah, Sarles, and Hansboro in provided 90 days notice that it intends Section 101(j)(1) provides that, in the North Dakota as the first group of ports to do so, at every land border port in case of an employer-owned life where use of the ACE Truck Manifest which CBP has planned to require the insurance contract, the amount of death System is mandated. Subsequently, CBP use of ACE. benefits excluded from gross income

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under section 101(a)(1) shall not exceed before that date. For this purpose, a Amendments to the Regulations an amount equal to the sum of the material increase in the death benefit or I premiums and other amounts paid by other material change causes the Accordingly, 26 CFR part 1 is the policyholder for the contract. For contract to be treated as a new contract amended as follows: this purpose, an employer-owned life except that, in the case of a master PART 1—INCOME TAXES insurance contract is a life insurance contract within the meaning of section contract that (i) is owned by a person 264(f)(4)(E), the addition of covered I Paragraph 1. The authority citation engaged in a trade or business and lives is treated as a new contract only for part 1 is amended by adding an entry under which such person is directly or with respect to those additional covered in numerical order to read in part as indirectly a beneficiary under the lives. follows: contract, and (ii) covers the life of an These temporary regulations provide Authority: 26 U.S.C. 7805 * * * insured who is an employee with that the Commissioner may prescribe Section 1.6039I–1T also issued under 26 respect to the trade or business on the the form and manner of satisfying the U.S.C. 6039I. * * * date the contract is issued. An reporting requirements imposed by applicable policyholder is generally a I Par. 2. Section 1.6039I–1T is added to section 6039I on applicable person who owns an employer-owned read as follows: policyholders owning one or more life insurance contract, or a related employer-owned life insurance § 1.6039I–1T Reporting of certain person as described in section 101(j)(3). contracts issued after August 17, 2006. employer-owned life insurance contracts Section 101(j)(2) provides exceptions (temporary). to the general rule of section 101(j)(1) in The regulations are effective on (a) In general. The Commissioner may the case of certain employer-owned life November 13, 2007, and apply to prescribe the form and manner of insurance contracts with respect to taxable years ending after that date. satisfying the reporting requirements which certain notice and consent Special Analyses imposed by section 6039I on applicable requirements are met. Those exceptions policyholders owning one or more are based either on (i) the insured’s It has been determined that this employer-owned life insurance status as an employee within 12 months temporary regulation is not a significant contracts issued after August 17, 2006. of death or as a highly compensated regulatory action as defined in (b) Effective/applicability date. These employee or highly compensated Executive Order 12866. Therefore, a regulations are applicable for tax years individual, or (ii) the extent to which regulatory assessment is not required. It ending after November 13, 2007. death benefits are paid to a family has also been determined that section (c) Expiration date. The applicability member, trust, or estate of the insured 553(b) of the Administrative Procedure of this section expires on or before employee, or are used to purchase an Act (5 U.S.C. chapter 5) does not apply November 9, 2010. equity interest in the applicable to this regulation. policyholder from a family member, The Regulatory Flexibility Act (5 Linda E. Stiff, trust or estate. U.S.C. chapter 6) does not apply to this Deputy Commissioner for Services and Section 6039I provides that every temporary regulation because the Enforcement. applicable policyholder that owns one regulation does not impose a collection Approved: November 2, 2007. or more employer-owned life insurance of information on small entities. Even Eric Solomon, contracts shall file a return, at such time though a substantial number of small Assistant Secretary of the Treasury (Tax and in such manner as the Secretary businesses may be subject to the Policy). shall prescribe by regulations, showing requirements of section 6039I, it is [FR Doc. E7–22137 Filed 11–9–07; 8:45 am] for each year the contracts are owned— (1) The number of employees of the anticipated that whatever requirements BILLING CODE 4830–01–P applicable policyholder at the end of the the Commissioner may prescribe pursuant to this regulation will not year; DEPARTMENT OF THE TREASURY (2) The number of such employees impose a ‘‘significant economic impact’’ because the information requested will insured under such contracts at the end Internal Revenue Service of the year; already be available to taxpayers and the burden of compliance will be minimal. (3) The total amount of insurance in 26 CFR Parts 1 and 301 force at the end of the year under such Pursuant to section 7805(f) of the contracts; Internal Revenue Code, this regulation [TD 9363] (4) The name, address, and taxpayer has been submitted to the Chief Counsel RIN 1545–BD65 identification number of the applicable for Advocacy of the Small Business policyholder and the type of business in Administration for comment on its Returns Required on Magnetic Media which the policyholder is engaged; and impact on small business. (5) That the policyholder has a valid AGENCY: Internal Revenue Service (IRS), consent for each insured employee (or, Drafting Information Treasury. if not all such consents are obtained, the ACTION: The principal author of these Final regulations and removal of number of insured employees for whom regulations is Linda K. Boyd, Office of temporary regulations. such consent was not obtained). Section 6039I(c) provides that any Associate Chief Counsel (Financial SUMMARY: This document contains final term used in section 6039I that is used Institutions & Products). However, other regulations relating to the requirements in section 101(j) has the same meaning personnel from the IRS and Treasury for filing corporate income tax returns given that term by section 101(j). Department participated in their and returns of organizations required to Sections 101(j) and 6039I apply to life development. file returns under section 6033 on insurance contracts issued after August List of Subjects in 26 CFR Part 1 magnetic media pursuant to section 17, 2006, except for a contract issued 6011(e) of the Internal Revenue Code after that date pursuant to a section Income taxes, Reporting and (Code). The term magnetic media 1035 exchange for a contract issued recordkeeping requirements. includes any magnetic media permitted

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under applicable regulations, revenue filing of Forms 1120 and 1120S by returns and returns required to be filed procedures, or publications, including corporations required to file at least 250 under section 6033 in the Form 1120, electronic filing. The final regulations returns during the calendar year, Form 1120S, and Form 990 series as the are necessary to update and clarify the required to file corporate income tax IRS increases its capability to receive rules and procedures for corporations returns, and that had total assets of $10 these forms electronically, provided that and organizations that are required to million or more as shown on Schedule the Treasury Department and the IRS file their returns electronically. The L of their Form 1120 or 1120S for determine that filers are able to comply final regulations affect corporations, taxable years ending on or after with the electronic filing requirements including electing small business December 31, 2006. The proposed at a reasonable cost. corporations (S corporations), with regulations also required electronic assets of $10 million or more that file filing of Form 990, Return of 2. First Year and Last Year Exclusions Form 1120, U.S. Corporation Income Organization Exempt From Income Tax, Tax Return, or Form 1120S, U.S. Income by organizations required to file at least The proposed regulations provided Tax Return for an S Corporation; exempt 250 returns during the calendar year, exclusions from the requirement to file organizations with assets of $10 million required to file Form 990 and that had, electronically for certain corporations or more that are required to file returns for a taxable year ending on or after and organizations that had not had a under section 6033, and private December 31, 2005, total assets as of the longstanding filing obligation. Under foundations or section 4947(a)(1) trusts end of the taxable year of $100 million the proposed regulations, corporations that are required to file returns under or more or that, for a taxable year ending and organizations were not required to section 6033. on or after December 31, 2006, had total file their returns electronically if they DATES: Effective Date: These regulations assets as of the end of the taxable year were not required to file a Form 1120, are effective November 13, 2007. of $10 million or more. The proposed Form 1120S, Form 990, or Form 990–PF Applicability Date: These regulations regulations also required electronic for the preceding taxable year or had not are applicable November 13, 2007. filing of Form 990–PF, Return of Private been in existence for at least one FOR FURTHER INFORMATION CONTACT: Foundation or Section 4947(a)(1) calendar year prior to the due date (not Michael E. Hara, (202) 622–4910 (not a Nonexempt Charitable Trust Treated as including extensions) of their Form toll-free number). a Private Foundation, regardless of total 1120, Form 1120S, Form 990, or Form assets, by organizations required to file SUPPLEMENTARY INFORMATION: 990–PF. These transition rules were at least 250 returns during the calendar designed to relieve taxpayer burden Background year that were required to file Form during the first year of implementation On January 12, 2005, the IRS 990–PF for taxable years ending on or of the mandatory electronic filing published a notice of proposed after December 31, 2006. regulations, but caused unnecessary Except as described in the preamble, rulemaking (by cross reference to complexity in determining whether a temporary regulations) and a notice of the final regulations clarify that the electronic filing requirement applies to corporation or other organization was public hearing, (REG–130671–04) (70 entitled to the first year exclusion when FR 2075). The proposed regulations all members of the Form 1120 and Form 1120S series of returns, including the corporation or organization was a require certain large corporations, part of a reorganization. The Treasury including S corporations, to file their amended and superseding returns, and to all members of the Form 990 series Department and the IRS have corporate income tax returns of returns, including amended and determined that these transition rules electronically. The proposed regulations superseding returns. A member of the are no longer necessary and that also require certain large exempt Form 1120 series includes, for example, corporations and other organizations organizations, nonexempt charitable the Form 1120–F, U.S. Income Tax should be able to comply at a reasonable trusts, and exempt and nonexempt Return of a Foreign Corporation. cost with the requirement to file returns private foundations to electronically file The IRS currently does not have the electronically. those returns required to be filed under capability to accept electronic filing of section 6033. certain types of Form 1120, Form 1120S, 3. 250 Return Requirement A public hearing was held on March and Form 990 series of returns, such as 16, 2005. After consideration of all the Under the proposed regulations, the a Form 1120 for a taxpayer that has determination of whether an entity is comments, the proposed regulations are changed its accounting period, or a required to file at least 250 returns is adopted as revised by this Treasury Form 990 or Form 990–PF for an made by aggregating all returns, decision. The temporary regulations organization not recognized as exempt regardless of type, that the entity is under sections 6011, 6033, and 6037 are or one that has an application for removed. exempt status pending. These required to file over the calendar year, including, for example, income tax Summary of Comments and regulations thus exclude those returns returns, returns required under section Explanation of Revisions from the electronic filing requirement. The IRS will announce the returns in 6033, information returns, excise tax 1. Returns Covered the Form 1120, Form 1120S, and Form returns, and employment tax returns. The proposed regulations required 990 series that are required to be filled The final regulations clarify that in the electronic filing of Forms 1120 and electronically and the returns that are case of a short year return, an entity is 1120S by corporations required to file at excluded from electronic filing under required to file electronically if, during least 250 returns during the calendar these regulations in its publications, the calendar year which includes the year, required to file corporate income forms and instructions, including those short taxable year of the entity, the tax returns, and that had total assets of instructions and Frequently Asked entity is required to file at least 250 $50 million or more as shown on Questions (FAQs) posted electronically returns of any type, including, for Schedule L of their Form 1120 or 1120S to the IRS.gov Web site. The Treasury example, income tax returns, returns for taxable years ending on or after Department and the IRS intend to required under section 6033, December 31, 2005. The proposed require electronic filing of additional information returns, excise tax returns, regulations also required electronic corporate income tax returns, excise tax and employment tax returns.

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4. Hardship Waiver Notice provides that the IRS will electronically. Both Treasury and the Three commentators requested that generally grant waivers for filing returns IRS believe that the vendor software is the IRS institute procedures allowing electronically where technology issues available, that the IRS’ systems can the Service to waive the requirement to prevent the filer from filing its return accommodate the electronic filing file returns electronically. One electronically. The Treasury Department requirement and that implementation of commentator recommended that the and the IRS believe, however, that it is the electronic filing mandate can be final guidance on waivers include a the responsibility of the filer to review accomplished successfully without clear definition of what constitutes the capabilities and efficacy of the undue burden by filers. Through software they use to file their returns, to October 2006, over 500,000 corporations justification for a waiver, and a flexible ensure that the software used will meet of all sizes successfully electronically standard on when a filer would qualify their specific filing requirements. filed their Forms 1120 or 1120S for for a waiver. One commentator One commentator stated that there 2005, of which over 18,000 were contended that cost to the filer should might be circumstances when an entity corporations with assets exceeding $10 be a principal factor in obtaining a otherwise subject to the electronic filing million. In addition, through December hardship waiver. On November 28, requirements should be eligible for an 2006, over 15,300 organizations of all 2005, the IRS issued Notice 2005–88, automatic waiver as opposed to being sizes successfully electronically filed 2005–2 C.B. 1060, which provides required to file a formal waiver request. their Forms 990, 990–EZ or 990–PF for procedures for filers to request a waiver Another commentator recommended 2005. Accordingly, the recommendation of the requirement to electronically file that the purchase and use of software to delay implementation has not been their returns. Notice 2005–88 provides developed by an approved vendor be adopted. that in determining whether to approve sufficient evidence that a filer has made or deny a waiver request, the IRS will a good faith effort to comply with the Special Analyses consider the filer’s ability to timely file regulations. The Treasury Department It has been determined that this its return electronically without and the IRS believe that waiver requests Treasury decision is not a significant incurring an undue economic hardship. should be considered on a case-by-case regulatory action as defined in The Notice provides that the IRS will basis, based on each filer’s particular Executive Order 12866. Therefore, a generally grant waivers for filing returns facts and circumstances. regulatory assessment is not required. It electronically where the filer can Additional guidance on situations in has also been determined that section demonstrate the undue hardship that which returns are excluded from the 553(b) of the Administrative Procedure would result by complying with the electronic filing mandate is available in Act (5 U.S.C. chapter 5) does not apply electronic filing requirement, including IRS Publication 4163, Modernized e-file to these regulations. any incremental costs to the filer. Handbook for Authorized e-file When an Agency issues a rulemaking Another commentator contended that Providers for Form 1120/1120S; IRS proposal, the Regulatory Flexibility Act, technological failures beyond the Publication 4206, Modernized e-File 5 U.S.C. chapter 6 (RFA), requires the control of the filer should also not result information for Authorized e-file Agency to ‘‘prepare and make available in the assertion of penalties. For this Providers of Exempt Organization for public comment an initial regulatory reason, the commentator recommended Filings; and on the IRS.gov Internet site. flexibility analysis’’ which will that waivers be granted, especially ‘‘describe the impact of the proposed during the first year or two during 5. Date of Filing rule on small entities.’’ (5 U.S.C. 603(a)). which a taxpayer is required to file One commentator supported the Section 605 of the RFA allows an electronically, in the following concept and use of an electronic Agency to certify a rule, in lieu of circumstances: postmark, but requested clear and preparing an analysis, if the proposed 1. Where the software vendor used by concise guidance as to when an rulemaking is not expected to have a the filer is unable to produce the electronically submitted return is significant economic impact on a software needed to e-file any return or deemed filed when such a return is substantial number of small entities. schedule within a reasonable time rejected either because of transmission The Treasury decision affects period, perhaps six months before the issues or IRS acceptance criteria. Notice corporations required to file corporate end of the year for which the return is 2005–88 provides that if the portion of income tax returns that are required to to be filed. a return required to be filed file at least 250 returns during the 2. Where the filer discovers electronically is transmitted on or before calendar year and have total assets of significant flaws in either the the due date (including extensions) and $10 million or more for taxable years developer’s software program or its own is ultimately rejected, but the electronic ending on or after December 31, 2006. self-developed software during the first return originator and the filer comply Section 601(3) of the RFA defines a three months of the year in which the with the specific requirements for small business as having the same return is to be filed. timely submission of the return, the meaning as ‘‘small business concern’’ 3. Where the filer after significant return will be considered timely filed under section 3 of the Small Business testing determines the need to switch and any elections attached to the return Act, 15 U.S.C. 632. The IRS estimates software vendors in order to comply will be considered valid. The Notice that of the 6,294,000 entities required to with the e-filing mandate. also provides that for taxable years file Forms 1120 or 1120S, 22,000 4. Where the filer attempts to timely ending on or after December 31, 2005, entities are required to electronically file the return electronically by the the IRS will allow the filer 20 calendar file these Forms. The IRS estimates that statutory deadline (including days from the date of first transmission of the 22,000 entities required to extensions), but transmission errors to perfect the return for electronic electronically file Forms 1120 or 1120S, (such as Internet traffic, misrouting of resubmission. there are 9,500 organizations that will information packets, or disconnects in be required to file the Forms 1120 or the transmission) prevent the filing of 6. Effective Dates. 1120S electronically that qualify as the return. Three commentators recommended small businesses. The 9,500 corporation Although Notice 2005–88 does not that the IRS delay implementation of the estimate is based on Large and Mid-Size refer to these specific situations, the requirement to file returns Business Division’s estimates of the

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number of corporations that have assets returns that are already required to be Adoption of Amendments to the between $10 million and $50 million as filed. Further, these regulations are Regulations shown on their Schedule L of their consistent with the requirements I Form 1120 or 1120S for taxable years imposed by statute. The burden on Accordingly, 26 CFR parts 1 and 301 ending on or after December 31, 2006, small entities to purchase the software are amended as follows: and that may have at least 250 to file its returns electronically is PART 1—INCOME TAXES employees based on the number of minimal as the software is widely returns the corporation has filed, available. Pricing for electronic filing I Paragraph 1. The authority citation including Forms W–2. Therefore, the software varies considerably. In many for part 1 continues to read in part as IRS has determined that this Treasury instances, the price for electronic filing follows: decision will have an impact on a is bundled with other services and Authority: 26 U.S.C. 7805 * * * substantial number of small businesses. products. Some software providers offer The Treasury decision also affects volume discounts, or unlimited filing I Par. 2. Section 1.6011–5 is added to those organizations required to file for a fixed price. Some software read as follows: Form 990 that are required to file at providers offer free electronic filing if least 250 returns during the calendar § 1.6011–5 Required use of magnetic the taxpayer purchases a suite of other media for corporate income tax returns. year and have total assets of $10 million products or services. And in many or more for taxable years ending on or cases, taxpayers will use the services of The return of a corporation that is after December 31, 2006. The Treasury a tax practitioner to prepare and required to be filed on magnetic media decision also affects those organizations electronically file their return. under § 301.6011–5 of this chapter must that are required to file Form 990–PF, Accordingly, direct comparison of the be filed in accordance with Internal Return of Private Foundation or Section cost for electronic filing is difficult. The Revenue Service revenue procedures, 4947(a)(1) Nonexempt Charitable Trust cost for the software to file returns publications, forms, or instructions, Treated as a Private Foundation, electronically for small entities from including those posted electronically. regardless of total assets. Section 601(4) software providers starts from $12.50 (See § 601.601(d)(2) of this chapter). of the RFA defines a small organization per return for on-line electronic filing of § 1.6011–5T [Removed] as any not-for-profit enterprise that is Forms 1120, and is free for Form 990 independently owned and operated and filers with less than $100,000 in gross I Par. 3. Section 1.6011–5T is removed. not dominant in its field (for example, revenue. I Par. 4. Section 1.6033–4 is added to private hospitals and educational Finally, the IRS has provided read as follows: institutions). The IRS estimates that of procedures for filers to request a waiver the 263,000 entities that are required to of the requirement to electronically file § 1.6033–4 Required use of magnetic file the Form 990, there are 6,000 their returns. Notice 2005–88 provides media for returns by organizations required organizations that will be required to that in determining whether to approve to file returns under section 6033. file the Form 990 electronically that or deny a waiver request, the IRS will The return of an organization that is qualify as small organizations. The consider the filer’s ability to timely file required to be filed on magnetic media 6,000 organization estimate is based on its return electronically without under § 301.6033–4 of this chapter must Tax Exempt and Government Entities incurring an undue economic hardship. be filed in accordance with Internal Division’s estimates of the number of Accordingly, the IRS hereby certifies Revenue Service revenue procedures, entities that have assets between $10 that the collection of information publications, forms, or instructions, million and $100 million as shown on contained in these regulations will not including those posted electronically. their Schedule L of their Form 990 for have a significant economic impact on (See § 601.601(d)(2) of this chapter). taxable years ending on or after a substantial number of small entities. December 31, 2006 and that may have Therefore, a Regulatory Flexibility § 1.6033–4T [Removed] at least 250 employees based on the Analysis under the Regulatory I Par. 5. Section 1.6033–4T is removed. number of returns the corporation has Flexibility Act is not required. Pursuant I filed, including Forms W–2. The IRS to section 7805(f) of the Code, the notice Par. 6. Section 1.6037–2 is added to also estimates that of the 85,000 entities of proposed rulemaking preceding these read as follows: that are required to file the Form 990– final regulations was submitted to the § 1.6037–2 Required use of magnetic PF, there are 50 organizations that will Chief Counsel for Advocacy of the Small media for income tax returns of electing be required to file the Form 990–PF Business Administration for comment small business corporations. electronically that qualify as small on its impact on small businesses. The return of an electing small organizations. The 50 organizations Drafting Information business corporation that is required to estimate is based on Tax Exempt and be filed on magnetic media under The principal author of these final Government Entities Division’s § 301.6037–2 of this chapter must be regulations is Michael E. Hara, Office of estimates of the number of entities that filed in accordance with Internal the Associate Chief Counsel (Procedure may have at least 250 employees based Revenue Service revenue procedures, and Administration). on the number of returns the publications, forms, or instructions, corporation has filed, including Forms List of Subjects including those posted electronically. W–2. Therefore, the IRS has determined (See § 601.601(d)(2) of this chapter). that this Treasury decision will have an 26 CFR Part 1 impact on a substantial number of small Income taxes, Reporting and § 1.6037–2T [Removed] organizations. recordkeeping requirements. I Par. 7. Section 1.6037–2T is removed. The IRS has also determined, 26 CFR Part 301 however, that the impact on entities PART 301—PROCEDURE AND affected by the proposed rule will not be Employment taxes, Estate taxes, ADMINISTRATION significant. The IRS and Treasury Excise taxes, Gift taxes, Income taxes, Department note that these regulations Penalties, Reporting and recordkeeping I Par. 8. The authority citation for part only prescribe the method of filing requirements. 301 is amended by removing the entries

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for ‘‘Section 301.6011–5T’’, ‘‘Section (1) Magnetic media. The term one Form 940, ‘‘Employer’s Annual Federal 301–6033–4T’’, and ‘‘Section 301.6037– magnetic media means any magnetic Unemployment (FUTA) Tax Return,’’ and 2T’’ and adding entries, in numerical media permitted under applicable four Forms 941, ‘‘Employer’s Quarterly Federal Tax Return.’’ Because X is required order, to read as follows: regulations, revenue procedures, or to file 252 returns during the calendar year Authority: 26 U.S.C. 7805 * * * publications. These generally include that ended within its taxable year ending Section 301.6011–5 also issued under 26 magnetic tape, tape cartridge, and September 30, 2008, X is required to file its U.S.C. 6011. * * * diskette, as well as other media, such as Form 1120 electronically for its taxable year Section 301.6033–4 also issued under 26 electronic filing, specifically permitted ending September 30, 2008. U.S.C. 6033. * * * under the applicable regulations, (f) Effective/applicability dates. This Section 301.6037–2 also issued under 26 procedures, publications, forms, or section applies to corporate income tax U.S.C. 6037. * * * instructions. (See § 601.601(d)(2) of this returns for corporations that report total I Par. 9. Section 301.6011–5 is added to chapter). assets at the end of the corporation’s read as follows: (2) Corporation. The term corporation taxable year that equal or exceed $10 means a corporation as defined in million on Schedule L of their Form § 301.6011–5 Required use of magnetic section 7701(a)(3). 1120, for taxable years ending on or media for corporate income tax returns. (3) Controlled group of corporations. after December 31, 2006, except for the (a) Corporate income tax returns The term controlled group of application of the short year rules in required on magnetic media—(1) A corporations means a group of paragraph (d)(5) of this section, which is corporation required to file a corporate corporations as defined in section applicable for taxable years ending on or income tax return on Form 1120, ‘‘U.S. 1563(a). after November 13, 2007. Corporation Income Tax Return,’’ under (4) Corporate income tax return. The § 1.6012–2 of this chapter must file its term corporate income tax return means § 301.6011–5T [Removed] corporate income tax return on magnetic a Form 1120, ‘‘U.S. Corporation Income I Par. 10. Section 301.6011–5T is media if the corporation is required by Tax Return,’’ along with all other related removed. the Internal Revenue Code or forms, schedules, and statements that I Par. 11. Section 301.6033–4 is added regulations to file at least 250 returns are required to be attached to the Form to read as follows: during the calendar year. Returns filed 1120, and all members of the Form 1120 on magnetic media must be made in series of returns, including amended § 301.6033–4 Required use of magnetic and superseding returns. media for returns by organizations required accordance with applicable revenue to file returns under section 6033. procedures, publications, forms, or (5) Determination of 250 returns. For (a) Returns by organizations required instructions. In prescribing revenue purposes of this section, a corporation to file returns under section 6033 on procedures, publications, forms, or or controlled group of corporations is magnetic media. An organization instructions, the Commissioner may required to file at least 250 returns if, required to file a return under section direct the type of magnetic media filing. during the calendar year ending with or 6033 on Form 990, ‘‘Return of (See § 601.601(d)(2) of this chapter.) within the taxable year of the corporation or the controlled group, the Organization Exempt from Income Tax,’’ (2) All members of a controlled group or Form 990–PF, ‘‘Return of Private of corporations must file their corporate corporation or the controlled group is required to file at least 250 returns of Foundation or Section 4947(a)(1) Trust income tax returns on magnetic media Treated as a Private Foundation,’’ must if the aggregate number of returns any type, including information returns (for example, Forms W–2, Forms 1099), file its Form 990 or 990–PF on magnetic required to be filed by the controlled media if the organization is required by group of corporations is at least 250. income tax returns, employment tax returns, and excise tax returns. In the the Internal Revenue Code or (b) Waiver. The Commissioner may regulations to file at least 250 returns grant waivers of the requirements of this case of a short year return, a corporation is required to file at least 250 returns if, during the calendar year ending with or section in cases of undue hardship. A within its taxable year. Returns filed on request for waiver must be made in during the calendar year which includes the short taxable year of the corporation, magnetic media must be made in accordance with applicable revenue accordance with applicable revenue procedures or publications. The waiver the corporation is required to file at least 250 returns of any type, including procedures, publications, forms, or also will be subject to the terms and instructions. In prescribing revenue conditions regarding the method of information returns (for example, Forms W–2, Forms 1099), income tax returns, procedures, publications, forms, or filing as may be prescribed by the instructions, the Commissioner may Commissioner. employment tax returns, and excise tax returns. If the corporation is a member direct the type of magnetic media filing. (c) Failure to file. If a corporation fails of a controlled group, the determination (See § 601.601(d)(2) of this chapter). to file a corporate income tax return on of the number of returns includes all (b) Waiver. The Commissioner may magnetic media when required to do so returns required to be filed by all grant waivers of the requirements of this by this section, the corporation is members of the controlled group during section in cases of undue hardship. A deemed to have failed to file the return. the calendar year ending with or within request for waiver must be made in (See section 6651 for the addition to tax the taxable year of the controlled group. accordance with applicable revenue for failure to file a return). In (e) Example. The following example procedures or publications. The waiver determining whether there is reasonable illustrates the provisions of paragraph also will be subject to the terms and cause for failure to file the return, (d)(5) of this section: conditions regarding the method of § 301.6651–1(c) and rules similar to the filing as may be prescribed by the rules in § 301.6724–1(c)(3) (undue Example. The taxable year of Corporation Commissioner. economic hardship related to filing X, a fiscal year taxpayer with assets in excess (c) Failure to file. If an organization information returns on magnetic media) of $10 million, ends on September 30. During the calendar year ending December 31, 2007, required to file a return under section will apply. X was required to file one Form 1120, ‘‘U.S. 6033 fails to file an information return (d) Meaning of terms. The following Corporation Income Tax Return,’’ 100 Forms on magnetic media when required to do definitions apply for purposes of this W–2, ‘‘Wage and Tax Statement,’’ 146 Forms so by this section, the organization is section: 1099–DIV, ‘‘Dividends and Distributions,’’ deemed to have failed to file the return.

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(See section 6652 for the addition to tax Forms 941, ‘‘Employer’s Quarterly Federal determining whether there is reasonable for failure to file a return.) In Tax Return,’’ and 60 Forms 1099–MISC, cause for failure to file the return, determining whether there is reasonable ‘‘Miscellaneous Income.’’ Because T is § 301.6651–1(c) and rules similar to the cause for failure to file the return, required to file 266 returns during the rules in § 301.6724–1(c)(3) (undue calendar year, T must file its 2006 Form 990 § 301.6652–2(f) and rules similar to the electronically. economic hardship related to filing rules in § 301.6724–1(c)(3) (undue information returns on magnetic media) economic hardship related to filing (f) Effective/applicability dates. This will apply. information returns on magnetic media) section applies to any organization (d) Meaning of terms. The following will apply. required to file Form 990 for a taxable definitions apply for purposes of this (d) Meaning of terms. The following year ending on or after December 31, section: definitions apply for purposes of this 2006, that has total assets as of the end (1) Magnetic media. The term section: of the taxable year of $10 million or magnetic media means any magnetic (1) Magnetic media. The term more. This section applies to any media permitted under applicable magnetic media means any magnetic organization required to file Form 990– regulations, revenue procedures, or media permitted under applicable PF for taxable years ending on or after publications. These generally include regulations, revenue procedures, or December 31, 2006, except for the magnetic tape, tape cartridge, and publications. These generally include application of the short year rules in diskette, as well as other media, such as magnetic tape, tape cartridge, and paragraph (d)(3) of this section, which is electronic filing, specifically permitted diskette, as well as other media, such as applicable for taxable years ending on or under the applicable regulations, electronic filing, specifically permitted after November 13, 2007. procedures, publications, forms, or under the applicable regulations, § 301.6033–4T [Removed] instructions. (See § 601.601(d)(2) of this procedures, publications, forms or chapter). instructions. (See § 601.601(d)(2) of this I Par. 12. Section 301.6033–4T is (2) Corporation. The term corporation chapter). removed. means a corporation as defined in (2) Return required under section I Par. 13. Section 301.6037–2 is added section 7701(a)(3). 6033. The term return required under to read as follows: (3) Electing small business section 6033 means a Form 990, ‘‘Return § 301.6037–2 Required use of magnetic corporation return. The term electing of Organization Exempt from Income media for returns of electing small business small business corporation return Tax,’’ and Form 990–PF, ‘‘Return of corporation. means a Form 1120S, ‘‘U.S. Income Tax Private Foundation or Section 4947(a)(1) (a) Returns of electing small business Return for an S Corporation,’’ along Trust Treated as a Private Foundation,’’ corporation required on magnetic with all other related forms, schedules, along with all other related forms, media. An electing small business and statements that are required to be schedules, and statements that are corporation required to file an electing attached to the Form 1120S, and all required to be attached to the Form 990 small business return on Form 1120S, members of the Form 1120S series of or Form 990–PF, and all members of the ‘‘U.S. Income Tax Return for an S returns, including amended and Form 990 series of returns, including Corporation,’’ under § 1.6037–1 of this superseding returns. amended and superseding returns. (4) Electing small business (3) Determination of 250 returns. For chapter must file its Form 1120S on magnetic media if the small business corporation. The term electing small purposes of this section, an organization business corporation means an S is required to file at least 250 returns if, corporation is required by the Internal Revenue Code and regulations to file at corporation as defined in section during the calendar year ending with or 1361(a)(1). within the taxable year of the least 250 returns during the calendar year ending with or within its taxable (5) Determination of 250 returns. For organization, the organization is purposes of this section, a corporation is required to file at least 250 returns of year. Returns filed on magnetic media must be made in accordance with required to file at least 250 returns if, any type, including information returns during the calendar year ending with or (for example, Forms W–2, Forms 1099), applicable revenue procedures, publications, forms, or instructions. In within the taxable year of the income tax returns, employment tax corporation, the corporation is required returns, and excise tax returns. In the prescribing revenue procedures, publications, forms, or instructions, the to file at least 250 returns of any type, case of a short year return, an including information returns (for organization is required to file at least Commissioner may direct the type of magnetic media filing. (See example, Forms W–2, Forms 1099), 250 returns if, during the calendar year income tax returns, employment tax which includes the short taxable year of § 601.601(d)(2) of this chapter). (b) Waiver. The Commissioner may returns, and excise tax returns. In the the organization, the organization is case of a short year return, a corporation required to file at least 250 returns of grant waivers of the requirements of this section in cases of undue hardship. A is required to file at least 250 returns if, any type, including information returns during the calendar year which includes (for example, Forms W–2, Forms 1099), request for waiver must be made in accordance with applicable revenue the short taxable year of the corporation, income tax returns, employment tax the corporation is required to file at returns, and excise tax returns. procedures or publications. The waiver also will be subject to the terms and least 250 returns of any type, including (e) Example. The following example information returns (for example, Forms illustrates the provisions of paragraph conditions regarding the method of filing as may be prescribed by the W–2, Forms 1099), income tax returns, (d)(3) of this section. In the example, the employment tax returns, and excise tax organization is a calendar year taxpayer: Commissioner. (c) Failure to file. If an electing small returns. Example. In 2006, Organization T, with business corporation fails to file a return (e) Example. The following example total assets in excess of $10 million, is on magnetic media when required to do illustrates the provisions of paragraph required to file one Form 990, ‘‘Return of (d)(5) of this section. In the example, the Organization Exempt from Income Tax,’’ 200 so by this section, the corporation is Forms W–2, ‘‘Wage and Tax Statement,’’ one deemed to have failed to file the return. corporation is a calendar year taxpayer: Form 940, ‘‘Employer’s Annual Federal (See section 6651 for the addition to tax Example. In 2007, Corporation S, an Unemployment (FUTA) Tax Return,’’ four for failure to file a return.) In electing small business corporation with

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assets in excess of $10 million, is required to Applicability Date: For dates of General Overview file one Form 1120S, ‘‘U.S. Corporation applicability, see § 1.45G–1(g). Income Tax Return,’’ 100 Forms W–2, ‘‘Wage Section 38 allows a credit for the FOR FURTHER INFORMATION CONTACT: and Tax Statement,’’ 146 Forms 1099-DIV, taxable year for, among other things, the ‘‘Dividends and Distributions,’’ one Form David Selig, (202) 622–3040 (not a toll- current year business credit. The current 940, ‘‘Employer’s Annual Federal free number). year business credit is the sum of the Unemployment (FUTA) Tax Return,’’ and SUPPLEMENTARY INFORMATION: credits listed in section 38(b). Section four Forms 941, ‘‘Employer’s Quarterly Paperwork Reduction Act 245(c)(1) of the AJCA amended section Federal Tax Return.’’ Because S is required 38(b) to add to the list of credits the to file 252 returns during the calendar year, The collection of information railroad track maintenance credit S is required to file its 2007 Form 1120S contained in these final regulations has electronically. (RTMC) determined under section been reviewed and approved by the 45G(a). (f) Effective/applicability dates. This Office of Management and Budget in Section 45G(a) provides that, for section applies to returns of electing accordance with the Paperwork purposes of section 38, the RTMC for small business corporations that report Reduction Act (44 U.S.C. 3507(d)) under the taxable year is an amount equal to total assets at the end of the control number 1545–2031. 50 percent of the qualified railroad track corporation’s taxable year that equal or The collection of information in these maintenance expenditures (QRTME) exceed $10 million on Schedule L of final regulations is in § 1.45G–1(d). This paid or incurred by an eligible taxpayer Form 1120S for taxable years ending on information is required to enable the during the taxable year. or after December 31, 2006, except for IRS to verify the assignments of railroad Section 45G(b) imposes limitations on the application of the short year rules in track miles made under section 45G(b). the amount of the RTMC for any taxable paragraph (d)(5) of this section, which is An agency may not conduct or year. The credit allowed under section applicable for taxable years ending on or sponsor, and a person is not required to 45G(a) may not exceed $3,500 after November 13, 2007. respond to, a collection of information multiplied by the sum of (1) the number unless it displays a valid control § 301.6037–2T [Removed] of miles of railroad track owned by, or number. leased to, the eligible taxpayer as of the I Par. 14. Section 301–6037–2T is Books or records relating to this close of the taxable year, and (2) the removed. collection of information must be number of miles of railroad track retained as long as their contents might Kevin M. Brown, assigned to the eligible taxpayer by a become material in the administration Deputy Commissioner for Services and Class II railroad or Class III railroad that of any internal revenue law. Generally, Enforcement. owns or leases the track as of the close tax returns and tax return information Approved: November 6, 2007. of the taxable year. are confidential, as required by 26 Eric Solomon, U.S.C. 6103. Section 45G(c) defines an eligible Assistant Secretary of the Treasury. taxpayer to mean any Class II railroad or [FR Doc. E7–22147 Filed 11–9–07; 8:45 am] Background Class III railroad, and any person who BILLING CODE 4830–01–P This document contains amendments transports property using the rail to 26 CFR part 1 to provide regulations facilities of such a railroad, or who under section 45G of the Internal furnishes railroad-related property or DEPARTMENT OF THE TREASURY Revenue Code (Code). Section 45G was services to such a railroad, but only added to the Code by section 245(a) of with respect to miles of railroad track Internal Revenue Service the American Jobs Creation Act of 2004, assigned to such person by a Class II Public Law 108–357 (118 Stat. 1418) railroad or Class III railroad. 26 CFR Parts 1 and 602 (AJCA), and was modified by section Section 45G(d), as amended by [TD 9365] 403(f) of the Gulf Opportunity Zone Act section 423(a) of the TRHCA, defines of 2005, Public Law 109–135 (119 Stat. the term QRTME to mean gross RIN 1545–BE90 2577), and section 423(a) of the Tax expenditures (whether or not chargeable to capital account) for maintaining Railroad Track Maintenance Credit Relief and Health Care Act of 2006, Public Law 109–432 (120 Stat. 2922) railroad track (including roadbed, AGENCY: Internal Revenue Service (IRS), (TRHCA). On September 8, 2006, the bridges, and related track structures) Treasury. IRS and Treasury Department published owned or leased as of January 1, 2005, ACTION: Final Regulations. in the Federal Register temporary and by a Class II or Class III railroad proposed regulations (REG–142270–05) (determined without regard to any SUMMARY: This document contains final under section 45G (71 FR 53009, 71 FR consideration for such expenditures regulations that provide rules for 53053). The IRS and Treasury given by the Class II or Class III railroad claiming the railroad track maintenance Department issued a correction notice which made the assignment of such credit under section 45G of the Internal for the temporary regulations in TD track). Revenue Code for qualified railroad 9286 on December 8, 2006 (71 FR Section 45G(e) defines the terms Class track maintenance expenditures paid or 71039). No requests were received to II railroad and Class III railroad to have incurred by a Class II railroad or Class testify on the proposed regulations and, the respective meanings given those III railroad and other eligible taxpayers accordingly, no public hearing was terms by the Surface Transportation during the taxable year. These final held. Written and electronic comments Board (STB). regulations reflect changes to the law responding to the proposed regulations Under section 45G(f), section 45G made by the American Jobs Creation Act were received. After consideration of all applies to QRTME paid or incurred of 2004, the Gulf Opportunity Zone Act the comments, the proposed regulations during taxable years beginning after of 2005, and the Tax Relief and Health are adopted as amended by this December 31, 2004, and before January Care Act of 2006. Treasury decision and the 1, 2008. The amendments to section DATES: Effective Date: These regulations corresponding temporary regulations are 45G(d) made by section 423(a) of the are effective on November 13, 2007. removed. TRHCA apply retroactively to taxable

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years beginning after December 31, reduced by the discount amount in the claimed in the basis of the asset created 2004. case of discounted freight shipping by the expenditures. Section 45G(e)(3) is rates, the increment in a markup of the clear and requires that the basis be Summary of Comments price for track materials, or by debt reduced on the track with respect to Eligible Taxpayers forgiveness or cash payments made by which the credit is allowed. Therefore, A commentator suggested that the the Class II or Class III railroad to the to further the intent of Congress by final regulations clarify that a Class II or assignee as consideration for railroad preventing the double tax benefit, the Class III railroad may not be track maintenance expenditures. basis adjustment rule must require that recharacterized as an ineligible taxpayer Consideration received directly or the increase in basis of property that indirectly from persons other than the results from the QRTME (without regard because the railroad is a member of a Class II or Class III railroad, however, to the basis adjustment rule) be reduced controlled group of corporations under does reduce the amount of QRTME. See by the amount of the credit allowed section 45G(e)(2) that includes a Class I Joint Committee on Taxation Staff, with respect to such QRTME. Allowing railroad. Section 45G(c)(1) defines the General Explanation of Tax Legislation the reduction in basis by a taxpayer term eligible taxpayer to include any Enacted in the 109th Congress, 109th other than the taxpayer claiming the Class II or Class III railroad. Section Cong., 2d Sess. 769 (January 17, 2007). credit on property other than the 45G(e)(1) provides that the terms Class Consistent with the change to the property whose basis is increased by the II railroad and Class III railroad have the statute, the final regulations QRTME (without regard to the basis respective meanings given such terms retroactively limit the application of the adjustment rule) is contrary to the by the STB. The controlled group rules reimbursement rule in § 1.45G– statute. Therefore, the final regulations do not affect the class designations 1(c)(3)(ii) to consideration received do not adopt the commentators’ made by the STB. The temporary directly or indirectly from persons other suggestion. regulations did not prescribe that the than the Class II or Class III railroad. A Commentators also suggested that the class designations made by the STB be taxpayer that relied on the definition of railroad track under superseded by the controlled group reimbursement rule in § 1.45G– section 45G(e)(3) should be limited to rules. Nevertheless, in response to the 1T(c)(3)(ii) and reduced its QRTME rails, ties, ballast, and other track comment, the final regulations in reported on Form 8900, ‘‘Qualified materials. As stated previously, section § 1.45G–1(b)(1) state explicitly that the Railroad Track Maintenance Credit,’’ 45G(e)(3) requires that basis be reduced definitions of Class II and Class III that was filed with the taxpayer’s on the track with respect to which the railroads are determined without regard Federal income tax return, may amend credit is allowed. The credit is allowed to the controlled group rules under its return to apply § 1.45G–1(c)(3)(ii) to with respect to QRTME expended on section 45G(e)(2). the taxable year provided the taxpayer railroad track. The definition of railroad Effect on Reimbursements applies all of § 1.45G–1 to the taxable track for purposes of the basis year. adjustment must be the same as the Commentators stated that the definition used for determining QRTME. Basis Adjustment reimbursement rule in § 1.45G– Limiting the definition of railroad track 1T(c)(3)(ii) of the temporary regulations Commentators suggested that the under the basis adjustment rule to rails, prevents eligible taxpayers from being basis reduction required by section ties, ballast, and other track materials is made whole for their expenditures on 45G(e)(3) should only be taken by the inconsistent with the intent of the railroad track infrastructure, because the Class II or Class III railroad owning the definition of railroad track on which credit is only for 50 percent of eligible railroad track even if an assignee claims expenditures may qualify as QRTME. expenditures. Under § 1.45G– the RTMC. Section 45G(e)(3) requires The definition of railroad track for 1T(c)(3)(ii), QRTME is treated as not that if a credit is allowed with respect which expenditures may qualify as paid or incurred during the taxable year to any railroad track, the basis of such QRTME was intended by Congress to be to the extent that a taxpayer is entitled track shall be reduced by the amount of expansive and includes bridges and to reimbursement of any expenditures the credit so allowed. Section 1.45G– other related track structures. that would otherwise qualify as 1T(e) of the temporary regulations Commentators further suggested that QRTME. Section 1.45G–1T(c)(3)(ii) provides rules for adjusting basis for the the definition of railroad track under further provides that reimbursements amount of the RTMC claimed by an section 45G(e)(3) should not include may consist of amounts paid either eligible taxpayer. The temporary intangibles. All or some of the QRTME directly or indirectly to the taxpayer. regulations provide that for purposes of paid or incurred by an eligible taxpayer Examples of indirect reimbursements in the basis adjustment under section during the taxable year may be required the temporary regulations include 45G(e)(3), railroad track is the asset, if to be capitalized under section 263(a) as discounted freight shipping rates, price any, to which the QRTME must be a tangible asset or as an intangible asset markups of railroad-related property, capitalized, whether the asset is tangible for improvements to another taxpayer’s debt forgiveness, and similar or intangible. Therefore, the only basis real property depending upon whether arrangements. Thus, § 1.45G–1T(c)(3)(ii) that is reduced under section 45G(e)(3) the eligible taxpayer owns (leases) the limits the QRTME paid or incurred to is basis created by capitalizing the railroad track and improvements or not. the actual out-of-pocket expenditures QRTME. (See, for example, § 1.263(a)–4(d)(8), paid or incurred by an eligible taxpayer. Congress commonly includes a basis which generally requires capitalization On December 20, 2006, Congress adjustment rule when it enacts business of amounts paid or incurred by a enacted the TRHCA, which changed the tax credits as an investment incentive. taxpayer to produce or improve real definition of QRTME. Although See, for example, sections 43(d), 44(e), property owned by another.) Regardless statutory changes other than technical 45D(h), 45F(f), 45H(d), 45L(e), and of whether an asset created by QRTME corrections are usually made 280C. The purpose of a basis adjustment is tangible railroad track owned by the prospectively, this change to the statute is to prevent the taxpayer who claims taxpayer, leasehold improvement to was made retroactive to the original date the credit from obtaining a double tax railroad track, or intangible railroad of enactment of section 45G. The new benefit by also including the track for improvements to another definition provides that QRTME is not expenditures on which the credit was taxpayer’s real property, capitalization

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of the QRTME creates the basis in regulatory action as defined in (8) Railroad-related services. railroad track that must be reduced Executive Order 12866. Therefore, a (9) Railroad track. under section 45G(e)(3) if the RTMC is regulatory assessment is not required. It (10) Form 8900. (11) Examples. claimed on such expenditures. The has been determined that section 553(b) (c) Determination of amount of railroad track rules requiring capitalization of of the Administrative Procedure Act (5 maintenance credit for the taxable year. amounts paid or incurred by a taxpayer U.S.C. chapter 5) does not apply to these (1) General amount. to produce or improve real property regulations, and because the regulations (2) Limitation on the credit. owned by another under section 263(a) do not impose a collection of (i) Eligible taxpayer is a Class II railroad or were prescribed prior to the enactment information on small entities, the Class III railroad. of section 45G. The provision in these Regulatory Flexibility Act (5 U.S.C. (ii) Eligible taxpayer is not a Class II railroad final regulations that specifically chapter 6) does not apply. Therefore, a or Class III railroad. (iii) No carryover of amount that exceeds references intangible assets is a Regulatory Flexibility Analysis under limitation. reminder that, for purposes of section the Regulatory Flexibility Act (5 U.S.C. (3) Determination of amount of QRTME paid 45G(e)(3), it is possible that the basis chapter 6) is not required. Pursuant to or incurred. that must be reduced is the basis of an section 7805(f) of the Internal Revenue (i) In general. intangible asset. Code, the notice of proposed rulemaking (ii) Effect of reimbursements received from was submitted to the Chief Counsel for persons other than a Class II or Class III Coordination With Section 61 Advocacy of the Small Business railroad. (4) Examples. The temporary regulations, as Administration for comment on its corrected, do not contain a specific (d) Assignment of track miles. impact on small business. (1) In general. provision relating to the application of Drafting Information (2) Assignment eligibility. section 61, because such a provision (3) Effective date of assignment. would need to be placed in regulations The principal author of these (4) Assignment information statement. under section 61. Section 1.45G–1T was regulations is David Selig, Office of the (i) In general. never intended to provide rules for Associate Chief Counsel (Passthroughs (ii) Assignor. determining gross income under section and Special Industries). However, other (iii) Assignee. 61. Section 61 and its regulations apply personnel from the IRS and Treasury (iv) Special rule for returns filed prior to November 9, 2007. to certain transactions involving section Department participated in their (5) Special rules. 45G regardless of these regulations or development. (i) Effect of subsequent dispositions of the temporary regulations, and List of Subjects eligible railroad track during the additional regulations under section 61 assignment year. are not necessary. As stated in the 26 CFR Part 1 (ii) Effect of multiple assignments of eligible railroad track miles during the same preamble to the temporary regulations, Income taxes, Reporting and there is no provision in section 45G that taxable year. recordkeeping requirements. (6) Examples. prevents the application of section 61 to (e) Adjustments to basis. certain transactions under section 45G. 26 CFR Part 602 (1) In general. Taxpayers are reminded, therefore, that Reporting and recordkeeping (2) Basis adjustment made to railroad track. certain transactions under section 45G requirements. (3) Examples. may generate gross income. (f) Controlled groups. Adoption of Amendments to the (1) In general. Other Changes Regulations (2) Definitions. The final regulations contain other (i) Trade or business. I Accordingly, 26 CFR parts 1 and 602 various changes that clarify the (ii) Group and controlled group. are amended as follows: (iii) Group credit. application of section 45G. (iv) Consolidated group. Effective Dates PART 1—INCOME TAXES (v) Credit year. (3) Computation of the group credit. Section 245(a) of the AJCA provides I Paragraph 1. The authority citation (4) Allocation of the group credit. that section 45G applies to taxable years for part 1 continues to read in part as (i) In general. beginning after December 31, 2004 and follows: (ii) Stand-alone entity credit. (5) Special rules for consolidated groups. beginning before January 1, 2008. Authority: 26 U.S.C. 7805 * * * Section 423(b) of the TRHCA provides (i) In general. that the amendments made by section I Par. 2. Section 1.45G–0 is added to (ii) Special rule for allocation of group credit 423(a) to section 45G(d) take effect as if read as follows: among consolidated group members. (6) Tax accounting periods used. included in section 245(a) of the AJCA. § 1.45G–0 Table of contents for the (i) In general. The final regulations provide that railroad track maintenance credit rules. (ii) Special rule when timing of QRTME is § 1.45G–1 is effective for taxable years manipulated. ending on or after September 7, 2006 This section lists the table of contents (7) Membership during taxable year in more (the effective date of § 1.45G–1T). for § 1.45G–1. than one group. Section 1.45G–1(g)(2) provides that a § 1.45G–1 Railroad track maintenance (8) Intra-group transactions. taxpayer may apply § 1.45G–1 to taxable credit. (i) In general. years beginning after December 31, (a) In general. (ii) Payment for QRTME. (g) Effective/applicability date. 2004, and ending before September 7, (b) Definitions. (1) Class II railroad and Class III railroad. (1) In general. 2006, provided that the taxpayer applies (2) Eligible railroad track. (2) Taxable years ending before September 7, all provisions in § 1.45G–1 to the (3) Eligible taxpayer. 2006. taxable year. (4) Qualifying railroad structure. (3) Special rules for returns filed prior to November 9, 2007. Special Analyses (5) Qualified railroad track maintenance expenditures. § 1.45G–0T [Removed] It has been determined that this (6) Rail facilities. Treasury decision is not a significant (7) Railroad-related property. I Par. 3. Section 1.45G–0T is removed.

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I Par. 4. Section 1.45G–1 is added to (iii) Any person that furnishes (for further guidance, for example, see read as follows: railroad-related property (as defined in Rev. Proc. 87–56 (1987–2 CB 674), and paragraph (b)(7) of this section) or § 601.601(d)(2)(ii)(b) of this chapter), § 1.45G–1 Railroad track maintenance railroad-related services (as defined in except that any office building, any credit. paragraph (b)(8) of this section), to a passenger train car, and any (a) In general. For purposes of section Class II railroad or Class III railroad miscellaneous structure if such 38, the railroad track maintenance credit during the taxable year, but only is an structure is not provided directly to, and (RTMC) for qualified railroad track eligible taxpayer with respect to the is not unique to, a railroad are excluded maintenance expenditures (QRTME) miles of eligible railroad track assigned from the definition of railroad-related paid or incurred by an eligible taxpayer to the person for that taxable year by property. during the taxable year is determined that Class II railroad or Class III railroad (8) Railroad-related services are under this section. A taxpayer claiming under paragraph (d) of this section. services that are provided directly to, the RTMC must do so by filing Form (4) Qualifying railroad structure is and are unique to, a railroad and that 8900, ‘‘Qualified Railroad Track property located within the United relate to railroad shipping, loading and Maintenance Credit,’’ with its timely States that is described in the following unloading of railroad freight, or repairs filed (including extensions) Federal STB property accounts in 49 CFR Part of rail facilities (as defined in paragraph income tax return for the taxable year 1201, Subpart A: (b)(6) of this section) or railroad-related the RTMC is claimed. Paragraph (b) of (i) Property Account 3, Grading. property (as defined in paragraph (b)(7) this section provides definitions of (ii) Property Account 4, Other right- of this section). Examples of railroad- terms. Paragraph (c) of this section of-way expenditures. related services are the transport of provides rules for computing the RTMC, (iii) Property Account 5, Tunnels and freight by rail; the loading and including rules regarding limitations on subways. unloading of freight transported by rail; the amount of the credit. Paragraph (d) (iv) Property Account 6, Bridges, railroad bridge services; railroad track of this section provides rules for trestles, and culverts. construction; providing railroad track assigning miles of railroad track. (v) Property Account 7, Elevated material or equipment; locomotive Paragraph (e) of this section contains structures. leasing or rental; maintenance of rules for adjusting basis for the amount (vi) Property Account 8, Ties. railroad’s right-of-way (including of the RTMC claimed by an eligible (vii) Property Account 9, Rails and vegetation control); piggyback trailer taxpayer. Paragraph (f) of this section other track material. ramping; rail deramping services; and contains rules for computing the (viii) Property Account 11, Ballast. freight train cars repair services. amount of the RTMC in the case of a (ix) Property Account 13, Fences, Examples of services that are not controlled group, and for the allocation snowsheds, and signs. railroad-related services are general of the group credit among members of (x) Property Account 27, Signals and business services, such as, accounting the controlled group. interlockers. and bookkeeping, marketing, legal (b) Definitions. For purposes of (xi) Property Account 39, Public services; janitorial services; office section 45G and this section, the improvements; construction. building rental; banking services following definitions apply: (5) Qualified railroad track (including financing of railroad-related (1) Class II railroad and Class III maintenance expenditures (QRTME) are property); and purchasing of, or services railroad have the respective meanings expenditures for maintaining, repairing, performed on, property not described in given to these terms by the Surface and improving qualifying railroad paragraph (b)(7) of this section. Transportation Board (STB) without structure (as defined in paragraph (b)(4) (9) Except as provided in paragraph regard to the controlled group rules of this section) that is owned or leased (e)(2) of this section, railroad track is under section 45G(e)(2). as of January 1, 2005, by a Class II property described in STB property (2) Eligible railroad track is railroad railroad or Class III railroad. These accounts 8 (ties), 9 (rails and other track track (as defined in paragraph (b)(9) of expenditures may or may not be material), and 11 (ballast) in 49 CFR part this section) located within the United chargeable to a capital account. 1201, Subpart A. Double track is treated States that is owned or leased by a Class (6) Rail facilities of a Class II railroad as multiple lines of railroad track, rather II railroad or Class III railroad at the or Class III railroad are railroad yards, than as a single line of railroad track. close of its taxable year. For purposes of tracks, bridges, tunnels, wharves, docks, Thus, one mile of single track is one section 45G and this section, a Class II stations, and other related assets that are mile, but one mile of double track is two railroad or Class III railroad owns used in the transport of freight by a miles. railroad track if the railroad track is railroad and that are owned or leased by (10) Form 8900. If Form 8900 is subject to the allowance for depreciation the Class II railroad or Class III railroad. revised or renumbered, any reference in under section 167 by the Class II (7) Railroad-related property is this section to that form shall be treated railroad or Class III railroad. property that is provided directly to, as a reference to the revised or (3) Eligible taxpayer is— and is unique to, a railroad and that, in renumbered form. (i) A Class II railroad or Class III the hands of a Class II railroad or Class (11) Examples. The application of this railroad during the taxable year; III railroad, is described in— paragraph (b) is illustrated by the (ii) Any person that transports (i) The following STB property following examples. In all examples, the property using the rail facilities (as accounts in 49 CFR Part 1201, Subpart taxpayers use a calendar taxable year, defined in paragraph (b)(6) of this A: and are not members of a controlled section) of a Class II railroad or Class III (A) Property Account 3, Grading; group. railroad during the taxable year, but (B) Property Account 5, Tunnels and only is an eligible taxpayer with respect subways; Example 1. A is a manufacturer that in to the miles of eligible railroad track (C) Property Account 22, Storage 2006, transports its products by rail using the railroad tracks owned by B, a Class II railroad assigned to the person for that taxable warehouses; and that owns 500 miles of railroad track within year by that Class II railroad or Class III (ii) Asset classes 40.1 through 40.54 in the United States on December 31, 2006. B railroad under paragraph (d) of this the guidance issued by the Internal properly assigns for purposes of section 45G section; or Revenue Service under section 168(i)(1) 100 miles of eligible railroad track to A in

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2006. A is an eligible taxpayer for 2006 with eligible taxpayer is not a Class II (ii) For 2006, G determines the tentative respect to the 100 miles of eligible railroad railroad or Class III railroad, the RTMC amount of RTMC under paragraph (c)(1) of track. determined under paragraph (c)(1) of this section to be $1,250,000 (50% multiplied Example 2. C is a bank that loans money this section for the eligible taxpayer for by $2,500,000 QRTME incurred by G during to several Class III railroads. In 2006, C loans 2006). G further determines G’s credit money to D, a Class III railroad, who in turn any taxable year must not exceed $3,500 limitation under paragraph (c)(2)(i) of this uses the loan proceeds to purchase track multiplied by the number of miles of section for 2006 to be $3,150,000 ($3,500 material. Because providing loans is not a eligible railroad track assigned under multiplied by 900 miles of eligible railroad service that is unique to a railroad, C is not paragraph (d) of this section by a Class track (1,000 miles owned by, or leased to, G providing railroad-related services and, thus, II railroad or Class III railroad to the on December 31, 2006, less 100 miles C is not an eligible taxpayer, even if D assigns eligible taxpayer for the taxable year. assigned by G to H in 2006)). Because G’s miles of eligible railroad track to C for (iii) No carryover of amount that tentative amount of RTMC does not exceed purposes of section 45G. exceeds limitation. Amounts that G’s credit limitation amount for 2006, G may Example 3. E leases locomotives directly to exceed the limitation under paragraph claim a RTMC for 2006 in the amount of Class I, Class II, and Class III railroads. In $1,250,000. 2006, E leases locomotives to F, a Class II (c)(2)(i) of this section or paragraph (iii) For 2006, H determines the tentative railroad that owns 200 miles of railroad track (c)(2)(ii) of this section, may never be amount of RTMC under paragraph (c)(1) of within the United States on December 31, carried over to another taxable year. this section to be $100,000 (50% multiplied 2006. F properly assigns for purposes of (3) Determination of amount of by $200,000 QRTME incurred by H during section 45G 200 miles of eligible railroad QRTME paid or incurred—(i) In general. 2006). H further determines H’s credit track to E. Because locomotives are property The term paid or incurred means, in the limitation under paragraph (c)(2)(ii) of this that is unique to a railroad, and E leases these case of a taxpayer using an accrual section for 2006 to be $350,000 ($3,500 locomotives directly to F in 2006, E is an method of accounting, a liability multiplied by 100 miles of eligible railroad eligible taxpayer for 2006 with respect to the incurred (within the meaning of track assigned by G to H in 2006). Because 200 miles of eligible railroad track assigned § 1.446–1(c)(1)(ii)). A liability may not H’s tentative amount of RTMC does not to E by F. exceed H’s credit limitation amount for 2006, Example 4. The facts are the same as in be taken into account under section 45G H may claim a RTMC in the amount of Example 3, except that E leases passenger and this section prior to the taxable year $100,000. trains, not locomotives, to F. Because during which the liability is incurred. Example 2. Computation of RTMC; section passenger trains are not railroad-related Any amount that an eligible taxpayer 45G credit limitation is exceeded. (i) The property for purposes of section 45G, E is not (assignee) pays a Class II railroad or facts are the same as in Example 1, except an eligible taxpayer even if F assigns miles Class III railroad (assignor) in exchange that G assigned for purposes of section 45G of eligible railroad track to E for purposes of for an assignment of one or more miles only 50 miles of railroad track to H in 2006 section 45G. of eligible railroad track under and, during 2006, H incurred QRTME in the (c) Determination of amount of paragraph (d) of this section, is treated, amount of $400,000. (ii) For 2006, G determines the tentative railroad track maintenance credit for for purposes of this section, as QRTME the taxable year—(1) General amount. amount of RTMC under paragraph (c)(1) of paid or incurred by the assignee, and this section to be $1,250,000 (50% multiplied Except as provided in paragraph (c)(2) not by the assignor, at the time and to by $2,500,000 QRTME incurred by G during of this section, for purposes of section the extent the assignor pays or incurs 2006). G further determines G’s credit 38, the RTMC determined under section QRTME. limitation under paragraph (c)(2)(i) of this 45G(a) for the taxable year is equal to 50 (ii) Effect of reimbursements received section for 2006 to be $3,325,000 ($3,500 percent of the QRTME paid or incurred from persons other than a Class II or multiplied by 950 miles of eligible railroad (as determined under paragraph (c)(3) of Class III railroad. The amount of track (1,000 miles owned by, or leased to, G this section) by an eligible taxpayer QRTME treated as paid or incurred on December 31, 2006, less 50 miles assigned during the taxable year. by G to H in 2006)). Because G’s tentative during the taxable year by an eligible amount of RTMC does not exceed G’s credit (2) Limitation on the credit—(i) taxpayer under paragraphs (b)(3)(ii) and Eligible taxpayer is a Class II railroad or limitation amount for 2006, G may claim a (iii) of this section shall be reduced by RTMC in the amount of $1,250,000. Class III railroad. If an eligible taxpayer any amount to which the eligible (iii) For 2006, H determines the tentative is a Class II railroad or Class III railroad, taxpayer is entitled to be reimbursed, amount of RTMC under paragraph (c)(1) of the RTMC determined under paragraph directly or indirectly, from persons this section to be $200,000 (50% multiplied (c)(1) of this section for the Class II other than a Class II or Class III railroad. by $400,000 QRTME incurred by H during railroad or Class III railroad for any (4) Examples. The application of this 2006). H further determines H’s credit taxable year must not exceed $3,500 paragraph (c) is illustrated by the limitation under paragraph (c)(2)(ii) of this multiplied by the sum of— following examples. In all examples, the section for 2006 to be $175,000 ($3,500 (A) The number of miles of eligible multiplied by 50 miles of eligible railroad taxpayers use an accrual method of track assigned by G to H in 2006). Because railroad track owned or leased by the accounting and a calendar taxable year, Class II railroad or Class III railroad, H’s tentative amount of RTMC exceeds H’s and are not members of a controlled credit limitation amount for 2006, H may reduced by the number of miles of group. claim a RTMC in the amount of $175,000 (the eligible railroad track assigned under Example 1. Computation of RTMC; section credit limitation amount). Under paragraph paragraph (d) of this section by the Class 45G credit limitation is not exceeded. (i) G (c)(2)(iii) of this section, there is no carryover II railroad or Class III railroad to another is a Class II railroad that owns or has leased of the $25,000 (the tentative amount of eligible taxpayer for that taxable year; to it 1,000 miles of railroad track within the $200,000 less the credit limitation amount of and United States on December 31, 2006. H is a $175,000) that exceeds the limitation. (B) The number of miles of eligible manufacturer that in 2006, transports its Example 3. Railroad track miles assigned railroad track owned or leased by products by rail using the rail facilities of G. for payment. (i) J is a Class II railroad that another Class II railroad or Class III In 2006, for purposes of section 45G, G owns or has leased to it 1,000 miles of railroad track within the United States on railroad that are assigned under assigns 100 miles of eligible railroad track to H and does not make any other assignments December 31, 2006. K is a corporation that paragraph (d) of this section to the Class of railroad track miles. H did not receive any sells ties, ballast, and other track material to II railroad or Class III railroad for the other assignments of railroad track miles in Class I, Class II, and Class III railroads. taxable year. 2006. During 2006, G incurred QRTME in the During 2006, K sold these items to J and J (ii) Eligible taxpayer is not a Class II amount of $2.5 million and H incurred incurred QRTME in the amount of $1 railroad or Class III railroad. If an QRTME in the amount of $200,000. million. Also, on December 6, 2006, J

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assigned for purposes of section 45G 150 is not reduced by the reimbursement of includes the date the assignment is miles of eligible railroad track to K and K $250,000 by L to M because, under paragraph treated as being made by the assignor paid J $800,000 for that assignment. K did (c)(3)(ii) of this section, QRTME is not Class II railroad or Class III railroad not pay or incur any other QRTME during reduced by reimbursements from Class II or under this paragraph (d)(3). 2006. Class III railroads. For 2006, M determines (ii) For 2006, in accordance with paragraph the tentative amount of RTMC under (4) Assignment information (c)(3)(ii) of this section, J is treated as having paragraph (c)(1) of this section to be $250,000 statement—(i) In general. A taxpayer incurred QRTME in the amount of $200,000 (50% multiplied by $500,000 QRTME must file Form 8900, ‘‘Qualified ($1 million QRTME actually incurred by J incurred by M during 2006). M further Railroad Track Maintenance Credit,’’ less the $800,000 paid by K to J for the determines M’s credit limitation amount with its timely filed (including assignment of the railroad track miles in under paragraph (c)(2)(ii) of this section for extensions) Federal income tax return 2006). For 2006, J determines the tentative 2006 to be $700,000 ($3,500 multiplied by for the taxable year for which the amount of RTMC under paragraph (c)(1) of 200 miles of eligible railroad track assigned taxpayer assigns any mile of eligible by L to M in 2006). Because M’s tentative this section to be $100,000 (50% multiplied railroad track, even if the taxpayer is not by $200,000 QRTME treated as incurred by amount of RTMC does not exceed M’s credit J during 2006). J further determines J’s credit limitation amount for 2006, M may claim a itself claiming the RTMC for that taxable limitation amount under paragraph (c)(2)(i) RTMC in the amount of $250,000. year. (ii) Assignor. Except as provided in of this section for 2006 to be $2,975,000 (d) Assignment of track miles—(1) In paragraph (d)(4)(iv) of this section, a ($3,500 multiplied by 850 miles of eligible general. An assignment of any mile of railroad track (1,000 miles owned by, or Class II railroad or Class III railroad eligible railroad track under this leased to, J on December 31, 2006, less 150 (assignor) that assigns one or more miles paragraph (d) is a designation by a Class miles assigned by J to K in 2006)). Because of eligible railroad track during a taxable II railroad or Class III railroad that is J’s tentative amount of RTMC does not year to one or more eligible taxpayers made solely for purposes of section 45G exceed J’s credit limitation amount for 2006, must attach to the assignor’s Form 8900 J may claim a RTMC in the amount of and this section of a specific number of for that taxable year an information $100,000. miles of eligible railroad track as being statement providing— (iii) For 2006, K is an eligible taxpayer assigned to another eligible taxpayer for because, during 2006, K provided railroad- (A) The name and taxpayer a taxable year. A designation must be in identification number of each assignee; related property to J and received an writing and must include the name and assignment of eligible railroad track miles (B) The total number of miles of the from J. Under paragraph (c)(3)(ii) of this taxpayer identification number of the assignor’s eligible railroad track; section, K is treated as having incurred assignee, and the information required (C) The number of miles of eligible QRTME in the amount of $800,000 (the under the rules of paragraph railroad track assigned by the assignor amount paid by K to J for the assignment of (d)(4)(iii)(B) of this section. A to each assignee for the taxable year; the railroad track miles in 2006). For 2006, designation requires no transfer of legal and K determines the tentative amount of RTMC title or other indicia of ownership of the (D) The total number of miles of under paragraph (c)(1) of this section to be eligible railroad track, and need not $400,000 (50% multiplied by $800,000 eligible railroad track assigned by the specify the location of any assigned mile assignor to all assignees for the taxable QRTME treated as incurred by K during of eligible railroad track. Further, an 2006). K further determines K’s credit year. limitation amount under paragraph (c)(2)(ii) assigned mile of eligible railroad track (iii) Assignee. Except as provided in of this section for 2006 to be $525,000 need not correspond to any specific paragraph (d)(4)(iv) of this section, an ($3,500 multiplied by 150 miles of eligible mile of eligible railroad track with eligible taxpayer (assignee) that has railroad track assigned by J in 2006). Because respect to which the eligible taxpayer received an assignment of miles of K’s tentative amount of RTMC does not actually pays or incurs the QRTME. eligible railroad track during its taxable exceed K’s credit limitation amount for 2006, (2) Assignment eligibility. Only a year from a Class II railroad or Class III K may claim a RTMC in the amount of Class II railroad or Class III railroad may railroad, and that claims the RTMC for $400,000. assign a mile of eligible railroad track. that taxable year, must attach to the (iv) The results in this Example 3 would If a Class II railroad or Class III railroad be the same if K sold the ties, ballast, and assignee’s Form 8900 for that taxable other track material with a fair market value assigns a mile of eligible railroad track year a statement— of $1 million to J for $200,000 in exchange to an eligible taxpayer, the assignee is (A) Providing the total number of for the assignment by J of 150 miles of not permitted to reassign any mile of miles of eligible railroad track assigned eligible railroad track to K. eligible railroad track to another eligible to the assignee for the assignee’s taxable Example 4. Reimbursement of QRTME. (i) taxpayer. The maximum number of year; and L is a Class III railroad that owns or has miles of eligible railroad track that may (B) Attesting that the assignee has in leased to it 500 miles of railroad track within be assigned by a Class II railroad or writing, and has retained as part of the the United States on December 31, 2006. M Class III railroad for any taxable year is assignee’s records for purposes of is a manufacturer that in 2006 transports its its total miles of eligible railroad track products by rail using the rail facilities of L. § 1.6001–1(a), the following information During 2006, L did not incur any QRTME. less the miles of eligible railroad track from each assignor: Also, in 2006, L assigned for purposes of that the Class II railroad or Class III (1) The name and taxpayer section 45G 200 miles of eligible railroad railroad retains for itself in determining identification number of each assignor. track to M and agreed to reduce L’s freight its RTMC for the taxable year. (2) The date of each assignment made shipping rates to M by $250,000 in exchange (3) Effective date of assignment. If a by each assignor (as determined under for M upgrading these railroad track miles. Class II railroad or Class III railroad paragraph (d)(3) of this section) to the Consequently, during 2006, M incurred assigns a mile of eligible railroad track, assignee; QRTME of $500,000 to upgrade these 200 the assignment is treated as being made (3) The number of miles of eligible miles of railroad track and L reduced L’s by the Class II railroad or Class III railroad track assigned by each assignor freight shipping rates for M by $250,000. railroad at the close of its taxable year to the assignee for the assignee’s taxable (ii) For 2006, M is an eligible taxpayer because, during 2006, M transported property in which the assignment was made. year. using the rail facilities of L and received an With respect to the assignee, the (iv) Special rules for returns filed assignment of eligible railroad track miles assignment of a mile of eligible railroad prior to November 9, 2007. If an eligible from L. The amount of QRTME paid or track is taken into account for the taxpayer’s Federal income tax return for incurred by M during 2006 is $500,000 and taxable year of the assignee that a taxable year beginning after December

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31, 2004, and ending before November on the statement shall be reduced by the RMTC for the taxable year ending March 31, 9, 2007, was filed before December 13, excess amount of miles. This reduction 2007, in the amount of $75,000. 2007, and the eligible taxpayer is not is allocated among each assignee listed Example 3. Assignment location differs filing an amended Federal income tax from QRTME location. (i) P, a calendar-year on the statement in proportion to the taxpayer, is a Class III railroad that owns or return for that taxable year pursuant to total number of miles listed on the has leased to it 200 miles of railroad track paragraph (g)(2) of this section before statement for that assignee. within the United States on December 31, the eligible taxpayer’s next filed original (6) Examples. The application of this 2006. P owns 50 miles of this railroad track Federal income tax return, and the paragraph (d) is illustrated by the and leases 150 miles of this railroad track eligible taxpayer wants to apply following examples. In none of the from Q, a Class I railroad. On February 8, paragraph (g)(2) of this section but did examples are the taxpayers members of 2006, P assigns for purposes of section 45G 50 miles of eligible railroad track to R. R is not include with that return the a controlled group: information specified in paragraph not a railroad, but is a taxpayer that ships Example 1. Assignor and assignee have the products using the 50 miles of eligible (d)(4)(ii) or (iii) of this section, as same taxable year. (i) N, a calendar year railroad track owned by P, and R paid applicable, the eligible taxpayer must taxpayer, is a Class II railroad that owns 500 $100,000 in 2006 to P to enable P to upgrade attach a statement containing the miles of railroad track within the United these 50 miles of eligible railroad track. In information specified in paragraph States on December 31, 2006. O, a calendar March 2006, P also assigns for purposes of (d)(4)(ii) or (iii) of this section, as year taxpayer, is not a railroad, but is a section 45G 150 miles of eligible railroad applicable, to either— taxpayer that provides railroad-related track to S. S is not a railroad, but is a (A) The eligible taxpayer’s next filed property to N during 2006. On November 7, taxpayer that provides railroad-related original Federal income tax return; or 2006, N assigns for purposes of section 45G property to P, and S paid $400,000 to P to (B) The eligible taxpayer’s amended 300 miles of eligible railroad track to O. O enable P to upgrade P’s 200 miles of eligible railroad track. For 2006, P pays or incurs Federal income tax return that is filed receives no other assignment of eligible railroad track in 2006. O pays or incurs QRTME in the amount of $500,000 to pursuant to paragraph (g)(2) of this upgrade the 150 miles of eligible railroad section, provided that amended Federal QRTME in the amount of $100,000 in November 2006, and $50,000 in February track that it leases from Q and pays or incurs income tax return is filed by the eligible 2007. N and O each file Form 8900 with their no QRTME on the 50 miles of eligible taxpayer before its next filed original timely filed Federal income tax returns for railroad track that it owns. For 2006, P Federal income tax return. 2006 and attach the statement required by receives no other assignment of eligible (5) Special rules—(i) Effect of paragraph (d)(4)(ii) and (iii), respectively, of railroad track miles and did not retain any eligible railroad track miles for itself. Also, R subsequent dispositions of eligible this section reporting the assignment of the and S do not pay or incur any other amounts railroad track during the assignment 300 miles of eligible railroad track to O. that would qualify as QRTME during 2006. (ii) The assignment of the 300 miles of year. If a Class II railroad or Class III P, R, and S each file Form 8900 with their eligible railroad track made by N to O on railroad assigns one or more miles of timely filed Federal income tax returns for November 7, 2006, is treated as made on eligible railroad track that it owned or 2006 and attach the statement required by leased as of the actual date of the December 31, 2006 (at the close of the N’s paragraph (d)(4) (ii) or (iii) of this section, assignment, but does not own or lease taxable year). Consequently, the assignment whichever applies, reporting the assignment is taken into account by O for O’s taxable any eligible railroad track at the close of of eligible railroad track by P to R or S in year ending on December 31, 2006. For 2006, 2006. the taxable year in which the O is an eligible taxpayer because, during assignment is made by the Class II (ii) For 2006, in accordance with paragraph 2006, O provides railroad-related property to (c)(3)(ii) of this section, P is treated as having railroad or Class III railroad, the N and receives an assignment of 300 eligible incurred QRTME in the amount of $0 assignment is not valid for that taxable railroad track miles from N. For 2006, O ($500,000 QRTME actually incurred by P less year for purposes of section 45G and determines the tentative amount of RTMC the $100,000 paid by R to P for the this section. under paragraph (c)(1) of this section to be assignment of the 50 miles of eligible railroad (ii) Effect of multiple assignments of $50,000 (50% multiplied by $100,000 track and the $400,000 paid by S to P for the eligible railroad track miles during the QRTME paid or incurred by O during 2006). assignment of the 150 miles of eligible same taxable year. If a Class II railroad O further determines the credit limitation railroad track). Further, P assigned all of its or Class III railroad assigns more miles amount under paragraph (c)(2)(i) of this eligible railroad track miles to R and S for section for 2006 to be $1,050,000 ($3,500 2006. Accordingly, for 2006, P may not claim of eligible railroad track than it owned multiplied by 300 miles of eligible railroad or leased as of the close of the taxable any RTMC. track assigned by N to O on December 31, (iii) For 2006, R is an eligible taxpayer year in which the assignment is made 2006). Because O’s tentative amount of because, during 2006, R ships property using by the Class II railroad or Class III RTMC does not exceed O’s credit limitation the rail facilities of P and receives an railroad, the assignment is valid for amount for 2006, O may claim a RMTC for assignment of 50 eligible railroad track miles purposes of section 45G and this section 2006 in the amount of $50,000. from P. In accordance with paragraph only with respect to the name of the Example 2. Assignor and assignee have (c)(3)(ii) of this section, R is treated as having assignee and the number of miles listed different taxable years. (i) The facts are the incurred QRTME in the amount of $100,000 by the assignor Class II railroad or Class same as in Example 1, except that O’s taxable (the amount paid by R to P for the assignment year ends on March 31. of the eligible railroad track miles in 2006) III railroad on the statement required (ii) The assignment of the 300 miles of under paragraph (d)(4)(ii) of this section even though no work was performed on the eligible railroad track made by N to O on 50 miles of eligible railroad track that was and only to the extent of the maximum November 7, 2006, is treated as made on assigned by P to R. For 2006, R determines miles of eligible railroad track that may December 31, 2006. As a result, the the tentative amount of RTMC under be assigned by the assignor Class II assignment is taken into account by O for O’s paragraph (c)(1) of this section to be $50,000 railroad or Class III railroad as taxable year ending on March 31, 2007. Thus, (50% multiplied by $100,000 QRTME treated determined under paragraph (d)(2) of for the taxable year ending on March 31, as incurred by R during 2006). R further this section. If the total number of miles 2007, O determines the tentative amount of determines the credit limitation amount on this statement exceeds the maximum RMTC under paragraph (c)(1) of this section under paragraph (c)(2)(ii) of this section to be to be $75,000 (50% multiplied by $150,000 miles of eligible railroad track that may $175,000 ($3,500 multiplied by 50 miles of QRTME incurred by O during its taxable year eligible railroad track assigned by P to R in be assigned by the assignor Class II ending March 31, 2007). Because O’s 2006). Because R’s tentative amount of RTMC railroad or Class III railroad (as tentative amount of RTMC does not exceed does not exceed R’s credit limitation amount determined under paragraph (d)(2) of O’s credit limitation amount for the taxable for 2006, R may claim a RTMC for 2006 in this section), the total number of miles year ending March 31, 2007, O may claim a the amount of $50,000.

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(iv) For 2006, S is an eligible taxpayer related services to T and receives an railroad track assigned by T to W in 2006). because, during 2006, S provides railroad- assignment of 200 eligible railroad track Because W’s tentative amount of RTMC related property to P and receives an miles from T. W determines the tentative exceeds W’s credit limitation amount for assignment of 150 eligible railroad track amount of RTMC under paragraph (c)(1) of 2006, W may claim a RTMC for 2006 in the miles from P. In accordance with paragraph this section to be $550,000 (50% multiplied amount of $350,000 (the credit limitation). (c)(3)(ii) of this section, S is treated as having by $1,100,000 QRTME incurred by W during There is no carryover of the amount of incurred QRTME in the amount of $400,000 2006). W further determines the credit $200,000 (the tentative amount of $550,000 (amount paid by S to P for the assignment of limitation amount under paragraph (c)(2)(ii) less the credit limitation amount of the eligible railroad track miles in 2006). For of this section to be $700,000 ($3,500 $350,000). 2006, S determines the tentative amount of multiplied by the 200 miles of eligible (e) Adjustments to basis—(1) In RTMC under paragraph (c)(1) of this section railroad track assigned by T to W in 2006). to be $200,000 (50% multiplied by $400,000 Because W’s tentative amount of RTMC does general. All or some of the QRTME paid QRTME treated as incurred by S during not exceed W’s credit limitation amount for or incurred by an eligible taxpayer 2006). S further determines the credit 2006, W may claim a RTMC for 2006 in the during the taxable year may be required limitation amount under paragraph (c)(2)(ii) amount of $550,000. to be capitalized under section 263(a) as of this section to be $525,000 ($3,500 Example 5. Multiple assignments of track a tangible asset or as an intangible asset. multiplied by 150 miles of eligible railroad miles. (i) Same facts as in Example 4, except See, for example, § 1.263(a)–4(d)(8), track assigned by P to S in 2006). Because S’s T, to its Form 8900 for 2006, attaches the which requires capitalization of tentative amount of RTMC does not exceed statement required by paragraph (d)(4)(ii) of amounts paid or incurred by a taxpayer S’s credit limitation amount for 2006, S may this section assigning 200 miles of eligible claim a RTMC for 2006 in the amount of railroad track to W and 200 miles of eligible to produce or improve real property $200,000. railroad track to V. owned by another (except to the extent Example 4. Multiple assignments of track (ii) Because T did not retain any miles of the taxpayer is selling services at fair miles. (i) T, a calendar-year taxpayer, is a eligible railroad track for itself for 2006, the market value to produce or improve the Class III railroad that owns or has leased to maximum miles of eligible railroad track that real property) if the real property can it 200 miles of railroad track within the may be assigned by T for 2006 is 200 miles reasonably be expected to produce United States on December 31, 2006. T owns pursuant to paragraph (d)(2) of this section. significant economic benefits for the 75 miles of this railroad track and leases 125 However, on the statement required by taxpayer. The basis of the tangible asset miles of this railroad track from U, a Class paragraph (d)(4)(ii) of this section, T assigned or intangible asset includes the I railroad. V and W are not railroads, but are a total of 400 miles of eligible railroad track both taxpayers that provide railroad-related (200 miles to W and 200 miles to V). capitalized amount of the QRTME. services to T during 2006. On January 15, Consequently, the 400 miles of eligible (2) Basis adjustment made to railroad 2006, T assigns for purposes of section 45G railroad track on this statement must be track. An eligible taxpayer must reduce 200 miles of eligible railroad track to V. V reduced to the 200 maximum miles of the adjusted basis of any railroad track agrees to incur, in 2006, $1.4 million of eligible railroad track available for with respect to which the eligible QRTME to upgrade a portion of/segment of assignment for 2006. Because the statement taxpayer claims the RTMC. For these 200 miles of eligible railroad track. Due reports 200 miles of eligible railroad track purposes of section 45G(e)(3) and this to unexpected financial difficulties, V only assigned to each W and V, the reduction of paragraph (e)(2), the adjusted basis of incurs $250,000 of QRTME during 2006 and 200 miles (400 total miles of eligible railroad any railroad track with respect to which on May 15, 2006, T learns that V is unable track on the statement less 200 maximum to incur the remainder of the QRTME. On miles of eligible railroad track available for the eligible taxpayer claims the RTMC is June 15, 2006, T assigns for purposes of assignment) is allocated pro-rata between W limited to the amount of QRTME, if any, section 45G the 200 miles of railroad track to and V and, therefore, 100 miles each to W that is required to be capitalized into the W. In 2006, W incurs $1,100,000 of QRTME and V. Thus, pursuant to paragraph (d)(5)(ii) qualifying railroad structure or an to upgrade a portion of/segment of the of this section, the number of miles of intangible asset. The adjusted basis of railroad track. For 2006, T receives no other eligible railroad track assigned by T to W and the railroad track is reduced by the assignment of eligible railroad track miles V for 2006 is 100 miles each. amount of the RTMC allowable (as and did not retain any eligible railroad track (iii) For 2006, V is an eligible taxpayer determined under paragraph (c) of this miles for itself. V and W do not receive any because, during 2006, V provides railroad- section) by the eligible taxpayer for the other assignments of miles of eligible railroad related services to T and receives an track miles from a Class II railroad or Class assignment of 100 eligible railroad track taxable year, but not below zero. This III railroad during 2006. T and W each file miles from T. V determines the tentative reduction is taken into account at the Form 8900 with their timely filed Federal amount of RTMC under paragraph (c)(1) of time the QRTME is paid or incurred by income tax returns for 2006, and attach the this section to be $125,000 (50% multiplied an eligible taxpayer and before the statement required by paragraph (d)(4) (ii) by $250,000 QRTME incurred by V during depreciation deduction with respect to and (iii), respectively, of this section, 2006). V further determines the credit such railroad track is determined for the reporting the assignment of 200 miles of limitation amount under paragraph (c)(2)(ii) taxable year for which the RTMC is eligible railroad track to W. of this section to be $350,000 ($3,500 allowable. If all or some of the QRTME (ii) Because T did not retain any miles of multiplied by the 100 miles of eligible paid or incurred by an eligible taxpayer eligible railroad track for itself for 2006, the railroad track assigned by T to V in 2006). maximum miles of eligible railroad track that Because V’s tentative amount of RTMC does during the taxable year is capitalized may be assigned by T for 2006 is 200 miles not exceed W’s credit limitation amount for under section 263(a) to more than one pursuant to paragraph (d)(2) of this section. 2006, V may claim a RTMC for 2006 in the asset, whether tangible or intangible (for On the statement required by paragraph amount of $125,000. example, railroad track and bridges), the (d)(4)(ii) of this section, T assigned a total of (iv) For 2006, W is an eligible taxpayer reduction to the basis of these assets 200 miles of eligible railroad track to W. because, during 2006, W provides railroad- under this paragraph (e)(2) is allocated Consequently, because T did not list V as an related services to T and receives an among each of the assets subject to the assignee on T’s statement required by assignment of 100 eligible railroad track reduction in proportion to the paragraph (d)(4)(ii) of this section, V did not miles from T. W determines the tentative unadjusted basis of each asset at the receive an assignment of eligible railroad amount of RTMC under paragraph (c)(1) of track miles from T during 2006 and V is not this section to be $550,000 (50% multiplied time the QRTME is paid or incurred an eligible taxpayer for 2006. Thus, for 2006, by $1,100,000 QRTME incurred by W during during that taxable year. V may not claim any RTMC even though V 2006). W further determines the credit (3) Examples. The application of this incurred QRTME in the amount of $250,000. limitation amount under paragraph (c)(2)(ii) paragraph (e) is illustrated by the (iii) For 2006, W is an eligible taxpayer of this section to be $350,000 ($3,500 following examples. In each example, because, during 2006, W provides railroad- multiplied by the 100 miles of eligible all taxpayers use a calendar taxable

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year, and no taxpayers are members of this section reporting the assignment of the (2) Definitions. For purposes of a controlled group. 300 miles of eligible railroad track to Z. section 45G(e)(2) and paragraph (f) of (ii) For 2006, Z determines the tentative this section— Example 1. (i) X is a Class II railroad that amount of RTMC under paragraph (c)(1) of owns 500 miles of railroad track within the this section to be $500,000 (50% multiplied (i) A trade or business is a sole United States on December 31, 2006. During by $1 million QRTME incurred by Z during proprietorship, a partnership, a trust, an 2006, X incurs $1 million of QRTME for 2006). Z further determines the credit estate, or a corporation that is carrying maintaining this railroad track. X uses the limitation amount under paragraph (c)(2)(ii) on a trade or business (within the track maintenance allowance method for of this section for 2006 to be $1,050,000 meaning of section 162). Any track structure expenditures (for further ($3,500 multiplied by 300 miles of eligible corporation that is a member of a guidance, see Rev. Proc. 2002–65 (2002–2 CB railroad track assigned by Y to Z in 2006). commonly controlled group shall be 700) and § 601.601(d)(2)(ii)(b) of this Because Z’s tentative amount of RTMC does chapter). Assume all of the $1 million not exceed Z’s credit limitation amount for deemed to be carrying on a trade or QRTME is track structure expenditures and 2006, Z may claim a RTMC for 2006 in the business if any other member of that none of it was expended for new track amount of $500,000. group is carrying on any trade or structure. (iii) For 2006, Z also must determine the business; (ii) For 2006, X determines the tentative portion of the $1 million QRTME that Z (ii) Group and controlled group means amount of RTMC under paragraph (c)(1) of incurs that is required to be capitalized under a controlled group of corporations, as this section to be $500,000 (50% multiplied section 263(a), and the portion that is a by $1 million QRTME incurred by X during section 162 expense. Because Z is not a Class defined in section 41(f)(5), or a group of 2006). X further determines the credit II railroad or Class III railroad, Z cannot use trades or businesses under common limitation amount under paragraph (c)(2)(i) the track maintenance allowance method. control. For rules for determining of this section for 2006 to be $1,750,000 Assume that all of the QRTME constitutes an whether trades or businesses are under ($3,500 multiplied by 500 miles of eligible intangible asset under § 1.263(a)–4(d)(8) and, common control, see § 1.52–1(b) railroad track). Because X’s tentative amount therefore, is required to be capitalized by Z through (g); of RTMC does not exceed X’s credit under section 263(a) as an intangible asset. In accordance with paragraph (e)(2) of this (iii) Group credit means the RTMC (if limitation amount for 2006, X may claim a any) allowable to a controlled group; RTMC for 2006 in the amount of $500,000. section, Z reduces the capitalized amount of (iii) Of the $1 million QRTME incurred by $1 million by the RTMC of $500,000 claimed (iv) Consolidated group has the X during 2006, X determines under the track by Z for 2006. Thus, the capitalized amount meaning set forth in § 1.1502–1(h); and maintenance allowance method that of $1 million for the intangible asset is (v) Credit year means the taxable year $750,000 is the track maintenance allowance reduced to $500,000. Further, pursuant to for which the member is computing the § 1.167(a)–3(b)(1)(iv), Z may treat this under section 162 and $250,000 is the RTMC. capitalized amount for the track structure. In intangible asset with an adjusted basis of accordance with paragraph (e)(2) of this $500,000 as having a useful life of 25 years (3) Computation of the group credit. section, X reduces the capitalized amount of for purposes of the depreciation allowance All members of a controlled group are $250,000 by the RTMC of $500,000 claimed under section 167(a). treated as a single taxpayer for purposes by X for 2006, but not below zero. Thus, the (f) Controlled groups—(1) In general. of computing the RTMC. The group capitalized amount of $250,000 is reduced to Pursuant to section 45G(e)(2), if an credit is computed by applying all of the zero. X also deducts under section 162 a eligible taxpayer is a member of a section 45G computational rules track maintenance allowance of $750,000 on controlled group of corporations, rules (including the rules set forth in this its 2006 Federal income tax return. section) on an aggregate basis. Example 2. (i) Y is a Class II railroad that similar to the rules in § 1.41–6T apply owns or has leased to it 500 miles of eligible for determining the amount of the (4) Allocation of the group credit—(i) railroad track within the United States on RTMC under section 45G(a) and this In general. (A) To the extent the group December 31, 2006. Z is not a railroad, but section. To determine the amount of credit (if any) computed under is a taxpayer that, in 2006, transports its RTMC (if any) allowable to a trade or paragraph (f)(3) of this section does not products using the rail facilities of Y. In business that at the end of its taxable exceed the sum of the stand-alone entity 2006, Y assigns for purposes of section 45G year is a member of a controlled group, credits of all of the members of a 300 miles of eligible railroad track to Z. Z a taxpayer must— controlled group, computed under does not receive any other assignments of (i) Compute the group credit in the paragraph (f)(4)(ii) of this section, such eligible railroad track miles in 2006. During group credit shall be allocated among 2006, Z incurs QRTME in the amount of $1 manner described in paragraph (f)(3) of million, and Y does not incur any QRTME. this section; and the members of the controlled group in Y and Z each file Form 8900 with their (ii) Allocate the group credit among proportion to the stand-alone entity timely filed Federal income tax returns for the members of the group in the manner credits of the members of the controlled 2006 and attach the statement required by described in paragraph (f)(4) of this group, computed under paragraph paragraph (d)(4)(ii) and (iii), respectively, of section. (f)(4)(ii) of this section:

group credit that does not exceed sum of × member’ s stand-alone entity creddit all the members’ sttand-along entity credits Sum of all the members’ stand-alone entity credits.

(B) To the extent that the group credit members of the controlled group, controlled group in proportion to the (if any) computed under paragraph (f)(3) computed under paragraph (f)(4)(ii) of QRTMEs of the members of the of this section exceeds the sum of the this section, such excess shall be controlled group: stand-alone entity credits of all of the allocated among the members of a

(group credit less the sum of all the × QRTMEs of members that are eligible taxpa yyers members’ stand-alone eentity credits) sum of QRTMEs of all members that are eligible taxpayeers.

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(ii) Stand-alone entity credit. The (7) Membership during taxable year in years ending on or after September 7, term stand-alone entity credit means the more than one group. A trade or 2006. RTMC (if any) that would be allowable business may be a member of only one (2) Taxable years ending before to a member of a controlled group if the group for a taxable year. If, without September 7, 2006. A taxpayer may credit were computed as if section application of this paragraph (f)(7), a apply this section to taxable years 45G(e)(2) did not apply, except that the business would be a member of more beginning after December 31, 2004, and member must apply the rules provided than one group at the end of its taxable ending before September 7, 2006, in paragraphs (f)(5) (relating to year, the business shall be treated as a provided that the taxpayer applies all consolidated groups) and (f)(8) (relating member of the group in which it was provisions in this section to the taxable to intra-group transactions) of this included for its preceding taxable year. year. section. If the business was not included for its (5) Special rules for consolidated preceding taxable year in any group in (3) Special rules for returns filed prior groups—(i) In general. For purposes of which it could be included as of the end to November 9, 2007. If a taxpayer’s applying paragraph (f)(4) of this section, of its taxable year, the business shall Federal income tax return for a taxable a consolidated group whose members designate in its timely filed (including year beginning after December 31, 2004, are members of a controlled group is extensions) federal income tax return for and ending before November 9, 2007, treated as a single member of the the taxable year the group in which it was filed before December 13, 2007, and controlled group and a single stand- is being included. If the business does the taxpayer is not filing an amended alone entity credit is computed for the not so designate, then the appropriate Federal income tax return for that consolidated group. Internal Revenue Service official in the taxable year pursuant to paragraph (g)(2) (ii) Special rule for allocation of group operating division that has examination of this section before the taxpayer’s next credit among consolidated group jurisdiction of the return will determine filed original Federal income tax return, members. The portion of the group the group in which the business is to be see paragraphs (d)(4)(iv) and (f)(7) of credit that is allocated to a consolidated included. If the Federal income tax this section for the statements that must group is allocated to the members of the return for a taxable year beginning after be attached to the taxpayer’s next filed consolidated group in accordance with December 31, 2004, and ending before original Federal income tax return. the principles of paragraph (f)(4) of this November 9, 2007, was filed before § 1.45G–1T [Removed] section. However, for this purpose, the December 13, 2007, and the business stand-alone entity credit of a member of wants to apply paragraph (g)(2) of this I Par. 5. Section 1.45G–1T is removed. a consolidated group is computed section but did not designate its group without regard to section 45G(e)(2). membership in that return, the business PART 602—OMB CONTROL NUMBERS (6) Tax accounting periods used—(i) must designate its group membership UNDER THE PAPERWORK In general. The credit allowable to a for that year either— REDUCTION ACT member of a controlled group is that member’s share of the group credit (i) In its next filed original Federal income tax return; or I Par. 6. The authority citation for part computed as of the end of that member’s 602 continues to read as follows: taxable year. In computing the group (ii) In its amended Federal income tax credit for a group whose members have return that is filed pursuant to Authority: 26 U.S.C. 7805. different taxable years, a member paragraph (g)(2) of this section, I Par. 7. In § 602.101, paragraph (b) is generally should treat the taxable year of provided that amended Federal income amended by removing the entry for another member that ends with or tax return is filed by the business before ‘‘1.45G–1T’’ from the table. within the credit year of the computing its next filed original Federal income tax member as the credit year of that other return. I Par. 8. In § 602.101, paragraph (b) is member. For example, Q, R, and S are (8) Intra-group transactions—(i) In amended by adding the following entry members of a controlled group of general. Because all members of a group in numerical order to the table to read corporations. Both Q and R are calendar under common control are treated as a as follows: year taxpayers. S files a return using a single taxpayer for purposes of fiscal year ending June 30. For purposes determining the RTMC, transfers § 602.101 OMB control numbers. of computing the group credit at the end between members of the group are * * * * * of Q’s and R’s taxable year on December generally disregarded. (b) * * * 31, S’s fiscal year ending June 30, which (ii) Payment for QRTME. Amounts ends within Q’s and R’s taxable year, is paid or incurred by the owner (or lessor) CFR part or section where Current OMB treated as S’s credit year. of eligible railroad track to another identified and described control No. (ii) Special rule when timing of member of the group for QRTME shall QRTME is manipulated. If the timing of be taken into account as QRTME by the QRTME by members using different tax owner (or lessor) of the eligible railroad ***** 1.45G–1 ...... 1545–2031 accounting periods is manipulated to track for purposes of section 45G only generate a credit in excess of the amount to the extent of the lesser of— ***** that would be allowable if all members (A) The amount paid or incurred to of the group used the same tax the other member; or accounting period, then the appropriate (B) The amount that would have been Linda E. Stiff, Internal Revenue Service official in the considered paid or incurred by the other Deputy Commissioner for Services and operating division that has examination member for the QRTME, if the QRTME Enforcement. jurisdiction of the return may require was not reimbursed by the owner (or Approved: November 2, 2007. each member of the group to calculate lessor) of the eligible railroad track. Eric Solomon, the credit in the current taxable year (g) Effective/applicability date—(1) In Assistant Secretary of the Treasury (Tax and all future years as if all members of general. Except as provided in Policy). the group had the same taxable year and paragraphs (g)(2) and (g)(3) of this [FR Doc. E7–22142 Filed 11–9–07; 8:45 am] base period as the computing member. section, this section applies to taxable BILLING CODE 4830–01–P

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FEDERAL COMMUNICATIONS Frequency in MHz EIRP in dBm and Order, MB Docket No. 05–248, COMMISSION adopted October 17, 2007 and released 1559–1610 ...... ¥75.3 October 19, 2007. The full text of this 47 CFR Part 15 Commission decision is available for * * * * * [ET Docket No. 98–153; FCC 03–33] inspection and copying during normal Federal Communications Commission. business hours in the FCC’s Reference Ultra-Wideband Transmission Systems Marlene H. Dortch, Information Center at Portals II, CY– Secretary. A257, 445 Twelfth Street, SW., AGENCY: Federal Communications Washington, DC 20554. This document Commission. [FR Doc. E7–22124 Filed 11–9–07; 8:45 am] BILLING CODE 6712–01–P may also be purchased from the ACTION: Correcting amendment. Commission’s duplicating contractors, SUMMARY: On April 22, 2003, the Best Copy and Printing, Inc., 445 12th Commission released a Memorandum FEDERAL COMMUNICATIONS Street, SW., Room CY–B402, Opinion and Order in the matter of COMMISSION Washington, DC 20554, telephone 1– 800–378–3160 or http:// ‘‘Ultra-Wideband Transmission 47 CFR Part 73 Systems.’’ This document contains www.BCPIWEB.com. The Commission corrections to the final regulations that [DA 07–4313; MB Docket No. 05–248; RM– will send a copy of this Report and appeared in the Federal Register of 11262, RM–11315] Order in a report to be sent to Congress April 22, 2003 (68 FR 19746). and the Government Accountability Radio Broadcasting Services; Danville, DATES: Effective November 13, 2007. Office pursuant to the Congressional Falmouth, Midway, Owingsville, Review Act, see 5 U.S.C. 801(a)(1)(A). FOR FURTHER INFORMATION CONTACT: John Perryville, and Wilmore, KY Reed, Policy and Rules Division, Office The Media Bureau’s Consolidated of Engineering and Technology, (202) AGENCY: Federal Communications Data Base Systems will reflect the 418–2455. Commission. following FM Channel as the reserved SUPPLEMENTARY INFORMATION: ACTION: Final rule. assignment for the listed stations, respectively: Channel 296A at Wilmore, Background SUMMARY: This document grants a counterproposal filed by Educational Kentucky in lieu of Danville, Kentucky, The final regulations that are the Media Foundation requesting the for Station WLAI–FM. Channel 296A subject of this correction relate to reallotment of Channel 296A from can be allotted at Wilmore at a site 12.1 ‘‘Ultra-Wideband Transmission Danville to Wilmore, Kentucky, and the kilometers (7.5 miles) east of the Systems’’ under § 15.513(e) of the rules. modification of its license to reflect the community at coordinates 37–49–36 NL Need for Correction change and the allotment of Channel and 84–31–42 WL. Channel 298A can be 298A at Perryville, Kentucky, as the allotted at Perryville at a site 7.5 As published, the final regulations community’s first local aural kilometers (4.7 miles) east of the contain a typographical error, which transmission service. The document community at coordinates 37–37–54 NL requires immediate correction. denies a petition for rulemaking filed and 84–52–07 WL. List of Subjects in 47 CFR Part 15 jointly by L.M. Communications of Provisions of the Regulatory Communications equipment. Kentucky, LLC, licensee of Station Flexibility Act of 1980 do not apply to WBTF (FM), Midway, Kentucky, and I this proceeding. Accordingly, 47 CFR part 15 is Gateway Radio Works, Inc., licensee of corrected by making the following Station WKCA (FM), Owingsville, List of Subjects in 47 CFR Part 73 correcting amendments: Kentucky, proposing to substitute Radio, Radio broadcasting. PART 15—RADIO FREQUENCY Channel 298C3 for Channel 300A at DEVICES Midway, Kentucky and modify Station I For the reasons stated in the preamble, WBTF’s license accordingly, to the Federal Communications I 1. The authority citation for part 15 substitute Channel 295A for 299A at a Commission amends 47 CFR part 73 as continues to read as follows: new site at Owingsville, Kentucky and follows: Authority: 47 U.S.C. 154, 302a, 303, 304, modify Gateway’s license for Station 307, 336, and 544a. WKCA accordingly, and to substitute PART 73—RADIO BROADCAST I 2. Section 15.513(e) is revised to read Channel 300A for Channel 299A at SERVICES as follows: Falmouth, Kentucky and modify the Station WIOK (FM) license accordingly. I 1. The authority citation for Part 73 § 15.513 Technical requirements for Counterproposals filed by West continues to read as follows: medical imaging systems. Portsmouth Broadcasting and RGS Authority: 47 U.S.C. 154, 303, 334, 336. * * * * * Communications are dismissed. See (e) In addition to the radiated SUPPLEMENTARY INFORMATION supra. § 73.202 [Amended] emission limits specified in the table in DATES: Effective December 3, 2007. I 2. Section 73.202(b), the Table of FM paragraph (d) of this section, UWB ADDRESSES: Secretary, Federal Allotments under Kentucky, is amended transmitters operating under the Communications Commission, 445 by adding Perryville, Channel 298A. provisions of this section shall not Twelfth Street, SW., Washington, DC exceed the following average limits 20554. Federal Communications Commission. when measured using a resolution FOR FURTHER INFORMATION CONTACT: John A. Karousos, bandwidth of no less than 1 kHz: Victoria McCauley, Media Bureau, (202) Assistant Chief, Audio Division, Media Bureau. Frequency in MHz EIRP in dBm 418–2180. SUPPLEMENTARY INFORMATION: This is a [FR Doc. E7–22118 Filed 11–9–07; 8:45 am] 1164–1240 ...... ¥75.3 synopsis of the Commission’s Report BILLING CODE 6712–01–P

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DEPARTMENT OF COMMERCE Background whale species identification through The ALWTRP was developed disentanglement training or some other National Oceanic and Atmospheric pursuant to section 118 of the Marine training program deemed adequate by Administration Mammal Protection Act (MMPA) to NMFS. A reliable report would be a reduce the incidental mortality and credible right whale sighting. 50 CFR Part 229 serious injury of three endangered On October 16, 2007, an aerial survey reported a sighting of seven right whales [Docket No. 071018614–7665–02] species of whales (right, fin, and in the proximity of 43° 05′ N. latitude humpback) due to incidental interaction ° ′ RIN 0648–XD56 with commercial fishing activities. In and 69 56 W. longitude. This position addition, the measures identified in the lies south of the Portland, Maine. After Taking of Marine Mammals Incidental conducting an investigation, NMFS to Commercial Fishing Operations; ALWTRP would provide conservation benefits to a fourth species (minke), ascertained that the report came from a Atlantic Large Whale Take Reduction qualified individual and determined Plan which are neither listed as endangered nor threatened under the Endangered that the report was reliable. Thus, NMFS received a reliable report from a AGENCY: National Marine Fisheries Species Act (ESA). The ALWTRP, Service (NMFS), National Oceanic and implemented through regulations qualified individual of the requisite Atmospheric Administration (NOAA), codified at 50 CFR 229.32, relies on a right whale density to trigger the DAM Commerce. combination of fishing gear provisions of the ALWTRP. Once a DAM zone is triggered, NMFS modifications and time/area closures to ACTION: Temporary rule; extension of determines whether to impose, in the reduce the risk of whales becoming temporary area and gear restrictions. zone, restrictions on fishing and/or entangled in commercial fishing gear fishing gear. This determination is based SUMMARY: The Assistant Administrator (and potentially suffering serious injury on the following factors, including but for Fisheries (AA), NOAA, announces or mortality as a result). the extension of temporary restrictions On January 9, 2002, NMFS published not limited to: the location of the DAM consistent with the requirements of the the final rule to implement the zone with respect to other fishery Atlantic Large Whale Take Reduction ALWTRP’s DAM program (67 FR 1133). closure areas, weather conditions as Plan’s (ALWTRP) implementing On August 26, 2003, NMFS amended they relate to the safety of human life at regulations. These restrictions will the regulations by publishing a final sea, the type and amount of gear already continue to apply to lobster trap and rule, which specifically identified gear present in the area, and a review of anchored gillnet fishermen in an area modifications that may be allowed in a recent right whale entanglement and totaling approximately 2,305 nm2 (7,905 DAM zone (68 FR 51195). The DAM mortality data. NMFS reviewed the options and km2), south of Portland, Maine, for an program provides specific authority for factors noted above and on October 25, additional 15 days. The purpose of this NMFS to restrict temporarily on an 2007, published a temporary rule in the action is to provide immediate expedited basis the use of lobster trap/ Federal Register (72 FR 60583) to protection to an aggregation of Northern pot and anchored gillnet fishing gear in announce the establishment of a DAM right whales (right whales). areas north of 40° 00′ N. lat. to protect zone with restrictions on anchored DATES: The area and gear restrictions right whales. Under the DAM program, NMFS may: (1) require the removal of gillnet and lobster trap gear for a 15–day were initially effective 0001 hours period. On November 5, 2007, a October 27, 2007, through 2400 hours all lobster trap/pot and anchored gillnet fishing gear for a 15–day period; (2) subsequent survey conducted over the November 10, 2007. This notice extends DAM zone indicated that fourteen the restricted period from 0001 hours allow lobster trap/pot and anchored gillnet fishing within a DAM zone with whales are still present in the area and November 11, 2007, through 2400 hours the DAM zone trigger of 0.04 right November 25, 2007. gear modifications determined by NMFS to sufficiently reduce the risk of whales per square nautical mile (1.85 ADDRESSES: Copies of the proposed and km2) continues to be met. Therefore, in final Dynamic Area Management (DAM) entanglement; and/or (3) issue an alert to fishermen requesting the voluntary order to further protect the right whales rules, Environmental Assessments in this DAM zone, pursuant to 50 CFR (EAs), Atlantic Large Whale Take removal of all lobster trap/pot and anchored gillnet gear for a 15–day 229.32(g)(3)(v), NMFS is exercising its Reduction Team (ALWTRT) meeting authority to extend the restrictions on summaries, and progress reports on period and asking fishermen not to set any additional gear in the DAM zone lobster trap and anchored gillnet gear implementation of the ALWTRP may for an additional 15 day period. also be obtained by writing Diane during the 15–day period. A DAM zone is triggered when NMFS The DAM zone is bound by the Borggaard, NMFS/Northeast Region, receives a reliable report from a following coordinates: One Blackburn Drive, Gloucester, MA 43° 25′ N., 70° 23′ W. (NW Corner) qualified individual of three or more 01930. 43° 25′ N., 69° 29′ W. right whales sighted within an area (75 42° 45′ N., 69° 29′ W. FOR FURTHER INFORMATION CONTACT: 2 2 nm (139 km )) such that right whale 42° 45′ N., 69° 38′ W. Diane Borggaard, NMFS/Northeast density is equal to or greater than 0.04 42° 34′ N., 69° 38′ W. Region, 978–281–9300 x6503; or Kristy right whales per nm2 (1.85 km2). A 42° 34′ N., 70° 34′ W. Long, NMFS, Office of Protected qualified individual is an individual 43° 19′ N., 70° 34′ W. Resources, 301–713–2322. ascertained by NMFS to be reasonably 43° 19′ N., 70° 23′ W. SUPPLEMENTARY INFORMATION: able, through training or experience, to 43° 25′ N., 70° 23′ W. (NW Corner) identify a right whale. Such individuals In addition to those gear Electronic Access include, but are not limited to, NMFS modifications currently implemented Several of the background documents staff, U.S. Coast Guard and Navy under the ALWTRP at 50 CFR 229.32, for the ALWTRP and the take reduction personnel trained in whale the following gear modifications are planning process can be downloaded identification, scientific research survey required in the DAM zone. If the from the ALWTRP web site at http:// personnel, whale watch operators and requirements and exceptions for gear www.nero.noaa.gov/whaletrp/. naturalists, and mariners trained in modification in the DAM zone, as

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described below, differ from other 1. Groundlines must be made of either zone. Providing prior notice and ALWTRP requirements for any sinking or neutrally buoyant line. opportunity for comment on this action, overlapping areas and times, then the Floating groundlines are prohibited; pursuant to those regulations, would be more restrictive requirements will apply 2. All buoy lines must be made of impracticable because it would prevent in the DAM zone. Special note for either sinking or neutrally buoyant line, NMFS from executing its functions to gillnet fisherman: A portion of this except the bottom portion of the line, protect and reduce serious injury and DAM zone overlaps the year-round which may be a section of floating line mortality of endangered right whales. Western Gulf of Maine Closure Area for not to exceed one-third the overall The regulations establishing the DAM Northeast Multispecies found at 50 CFR length of the buoy line; program are designed to enable the 648.81(e). Due to this closure, sink 3. Fishermen are allowed to use two agency to help protect unexpected gillnet gear is prohibited from this buoy lines per string; concentrations of right whales. In order portion of the DAM zone. 4. The breaking strength of each net to meet the goals of the DAM program, panel weak link must not exceed 1,100 the agency needs to be able to create a Lobster Trap/pot Gear lb (498.8 kg). The weak link DAM zone and implement restrictions requirements apply to all variations in Fishermen utilizing lobster trap/pot on fishing gear as soon as possible once net panel size. One weak link must be gear within the portions of Northern the criteria are triggered and NMFS placed in the center of the floatline and Nearshore Lobster Waters, Northern determines that a DAM restricted zone one weak link must be placed in the Inshore State Lobster Waters, and the is appropriate. If NMFS were to provide center of each of the up and down lines Stellwagen Bank/Jeffrey’s Ledge prior notice and an opportunity for Restricted Area that overlap with the at both ends of the net panel. Additionally, one weak link must be public comment upon the creation of a DAM zone are required to utilize all of DAM restricted zone, the aggregated the following gear modifications while placed as close as possible to each end of the net panels on the floatline; or, one right whales would be vulnerable to the DAM zone is in effect: entanglement which could result in 1. Groundlines must be made of either weak link must be placed between floatline tie-loops between net panels serious injury and mortality. sinking or neutrally buoyant line. Additionally, the right whales would Floating groundlines are prohibited; and one weak link must be placed where the floatline tie-loops attach to most likely move on to another location 2. All buoy lines must be made of the bridle, buoy line, or groundline at before NMFS could implement the either sinking or neutrally buoyant line, each end of a net string; restrictions designed to protect them, except the bottom portion of the line, 5. A weak link with a maximum thereby rendering the action obsolete. which may be a section of floating line breaking strength of 1,100 lb (498.8 kg) Therefore, pursuant to 5 U.S.C. not to exceed one-third the overall must be placed at all buoys; and 553(b)(B), the AA finds that good cause length of the buoy line; 6. All anchored gillnets, regardless of exists to waive prior notice and an 3. Fishermen are allowed to use two the number of net panels, must be opportunity to comment on this action buoy lines per trawl; and securely anchored with the holding to implement a DAM restricted zone to 4. A weak link with a maximum power of at least a 22–lb (10.0–kg) reduce the risk of entanglement of breaking strength of 600 lb (272.4 kg) Danforth-style anchor at each end of the endangered right whales in commercial must be placed at all buoys. net string. lobster trap/pot and anchored gillnet Fishermen utilizing lobster trap/pot The restrictions will be in effect gear as such procedures would be gear within the portion of the Offshore beginning at 0001 hours, November 11, impracticable. Lobster Waters Area that overlap with through 2400 hours November 25, 2007, For the same reasons, the AA finds the DAM zone are required to utilize all unless terminated sooner or extended by that, under 5 U.S.C. 553(d)(3), good of the following gear modifications NMFS through another notification in cause exists to waive the 30–day delay while the DAM zone is in effect: the Federal Register. in effective date. If NMFS were to delay The restrictions will be announced to 1. Groundlines must be made of either for 30 days the effective date of this state officials, fishermen, ALWTRT sinking or neutrally buoyant line. action, the aggregated right whales members, and other interested parties Floating groundlines are prohibited; would be vulnerable to entanglement, through e-mail, phone contact, NOAA 2. All buoy lines must be made of which could cause serious injury and website, and other appropriate media either sinking or neutrally buoyant line, mortality. Additionally, right whales immediately upon issuance of the rule except the bottom portion of the line, would likely move to another location by the AA. which may be a section of floating line between the time NMFS approved the not to exceed one-third the overall Classification action creating the DAM restricted zone length of the buoy line; In accordance with section 118(f)(9) of and the time it went into effect, thereby 3. Fishermen are allowed to use two the MMPA, the Assistant Administrator rendering the action obsolete and buoy lines per trawl; and (AA) for Fisheries has determined that ineffective. Nevertheless, NMFS 4. A weak link with a maximum this action is necessary to implement a recognizes the need for fishermen to breaking strength of 1,500 lb (680.4 kg) take reduction plan to protect North have time to either modify or remove (if must be placed at all buoys. Atlantic right whales. not in compliance with the required restrictions) their gear from a DAM zone Anchored Gillnet Gear Environmental Assessments for the DAM program were prepared on once one is approved. Thus, NMFS Fishermen utilizing anchored gillnet December 28, 2001, and August 6, 2003. makes this action effective 2 days after gear within the portions of Other This action falls within the scope of the the date of publication of this document Northeast Gillnet Waters and the analyses of these EAs, which are in the Federal Register. NMFS will also Stellwagen Bank/Jeffrey’s Ledge available from the agency upon request. endeavor to provide notice of this action Restricted Area that overlap with the NMFS provided prior notice and an to fishermen through other means upon DAM zone are required to utilize all the opportunity for public comment on the issuance of the rule by the AA, thereby following gear modifications while the regulations establishing the criteria and providing approximately 3 additional DAM zone is in effect: procedures for implementing a DAM days of notice while the Office of the

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Federal Register processes the extent practicable with the enforceable final rules implementing the DAM document for publication. policies of the approved coastal program. A copy of the federalism NMFS determined that the regulations management program for that state. Summary Impact Statement for the final establishing the DAM program and The DAM program under which rules is available upon request actions such as this one taken pursuant NMFS is taking this action contains (ADDRESSES). to those regulations are consistent to the policies with federalism implications The rule implementing the DAM program has been determined to be not maximum extent practicable with the warranting preparation of a federalism significant under Executive Order enforceable policies of the approved assessment under Executive Order 12866. coastal management program of the U.S. 13132. Accordingly, in October 2001 Atlantic coastal states. This and March 2003, the Assistant Secretary Authority: 16 U.S.C. 1361 et seq. and 50 determination was submitted for review for Intergovernmental and Legislative CFR 229.32(g)(3). by the responsible state agencies under Affairs, Department of Commerce, Dated: November 6, 2007. section 307 of the Coastal Zone provided notice of the DAM program John Oliver, Management Act. Following state and its amendments to the appropriate Deputy Assistant Administrator for review of the regulations creating the elected officials in states to be affected Operations, National Marine Fisheries DAM program, no state disagreed with by actions taken pursuant to the DAM Service. NMFS’ conclusion that the DAM program. Federalism issues raised by [FR Doc. 07–5623 Filed 11–7–07; 11:56 am] program is consistent to the maximum state officials were addressed in the BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 72, No. 218

Tuesday, November 13, 2007

This section of the FEDERAL REGISTER • Mail: U.S. Department of Discussion contains notices to the public of the proposed Transportation, Docket Operations, M– Transport Canada Civil Aviation issuance of rules and regulations. The 30, West Building Ground Floor, Room purpose of these notices is to give interested (TCCA), which is the aviation authority W12–140, 1200 New Jersey Avenue, SE., for Canada, has issued Canadian persons an opportunity to participate in the Washington, DC 20590. rule making prior to the adoption of the final Airworthiness Directive CF–2007–05, rules. • Hand Delivery: U.S. Department of effective April 24, 2007 (referred to after Transportation, Docket Operations, M– this as ‘‘the MCAI’’), to correct an unsafe 30, West Building Ground Floor, Room condition for the specified products. DEPARTMENT OF TRANSPORTATION W12–40, 1200 New Jersey Avenue, SE., The MCAI states: Washington, DC, between 9 a.m. and 5 Federal Aviation Administration There has been a reported case of failure p.m., Monday through Friday, except of a bracket (P/N 85217732–108) of the over- Federal holidays. centering spring assembly inside the 14 CFR Part 39 translating door of the forward baggage Examining the AD Docket [Docket No. FAA–2007–0183; Directorate compartment. This condition can exist on Identifier 2007–NM–146–AD] other translating doors on the aircraft. You may examine the AD docket on Investigation concluded that an insufficient RIN 2120–AA64 the Internet at http:// gap between the bottom eyebolt and the www.regulations.gov; or in person at the barrel of the spring assembly caused an Airworthiness Directives; Bombardier Docket Operations office between 9 a.m. increase of tension load on the bracket and Model DHC–8–400 Series Airplanes and 5 p.m., Monday through Friday, resulted in subsequent failure of the bracket. except Federal holidays. The AD docket Failure of the bracket caused the eyebolt at AGENCY: Federal Aviation contains this proposed AD, the the bottom of the spring assembly to become Administration (FAA), DOT. loose, resulted in damage of the support regulatory evaluation, any comments beam during normal door handle movement. ACTION: Notice of proposed rulemaking received, and other information. The Damage of the support beam, which is (NPRM). street address for the Docket Operations dormant, in combination with failure of a office (telephone (800) 647–5527) is in doorstop attached to any remaining SUMMARY: We propose to adopt a new the ADDRESSES section. Comments will undamaged support beam will degrade the airworthiness directive (AD) for the be available in the AD docket shortly structural integrity of the door, resulting in products listed above. This proposed after receipt. possible depressurization or loss of the door. AD results from mandatory continuing Corrective actions include a one-time FOR FURTHER INFORMATION CONTACT: airworthiness information (MCAI) inspection for damage of the spring originated by an aviation authority of Pong K. Lee, Aerospace Engineer, support bracket and support beam of the another country to identify and correct Airframe and Propulsion Branch, ANE– forward baggage door, aft service door, an unsafe condition on an aviation 171, FAA, New York Aircraft and aft passenger door; repetitive product. The MCAI describes the unsafe Certification Office, 1600 Stewart inspections for integrity (corrosion, condition as: Avenue, Suite 410, Westbury, New York damage, cracking, and looseness or There has been a reported case of failure 11590; telephone (516) 228–7324; fax misalignment) of the doorstops of of a bracket (P/N 85217732–108) of the over- (516) 794–5531. support beams found to be within centering spring assembly inside the SUPPLEMENTARY INFORMATION: damage limits; repair of support beams, translating door of the forward baggage or replacement of damaged brackets, compartment. * * * Failure of the bracket Comments Invited support beams, or doorstops, as caused the eyebolt at the bottom of the spring assembly to become loose, resulted in We invite you to send any written applicable; and removal of certain damage of the support beam during normal relevant data, views, or arguments about washers and nuts. You may obtain door handle movement. Damage of the this proposed AD. Send your comments further information by examining the support beam, which is dormant, in to an address listed under the MCAI in the AD docket. combination with failure of a doorstop ADDRESSES section. Include ‘‘Docket No. Relevant Service Information attached to any remaining undamaged FAA–2007–0183; Directorate Identifier support beam will degrade the structural Bombardier has issued Service 2007–NM–146–AD’’ at the beginning of integrity of the door, resulting in possible Bulletin 84–52–51, Revision A, dated your comments. We specifically invite depressurization or loss of the door. September 8, 2006, including Service comments on the overall regulatory, Bulletin 8–MHI0084, Revision C, dated The proposed AD would require actions economic, environmental, and energy September 6, 2006; and Repair Drawing that are intended to address the unsafe aspects of this proposed AD. We will RD 8/4–52–202, Issue 1, dated condition described in the MCAI. consider all comments received by the December 2, 2005. The actions DATES: We must receive comments on closing date and may amend this described in this service information are this proposed AD by December 13, proposed AD based on those comments. 2007. intended to correct the unsafe condition We will post all comments we identified in the MCAI. ADDRESSES: You may send comments by receive, without change, to http:// any of the following methods: www.regulations.gov, including any FAA’s Determination and Requirements • Federal eRulemaking Portal: Go to personal information you provide. We of This Proposed AD http://www.regulations.gov. Follow the will also post a report summarizing each This product has been approved by instructions for submitting comments. substantive verbal contact we receive the aviation authority of another • Fax: (202) 493–2251. about this proposed AD. country, and is approved for operation

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in the United States. Pursuant to our air commerce by prescribing regulations Applicability bilateral agreement with the State of for practices, methods, and procedures (c) This AD applies to Bombardier Model Design Authority, we have been notified the Administrator finds necessary for DHC–8–400, DHC–8–401, and DHC–8–402 of the unsafe condition described in the safety in air commerce. This regulation airplanes; certificated in any category; having MCAI and service information is within the scope of that authority serial numbers 4001 and 4003 through 4102. referenced above. We are proposing this because it addresses an unsafe condition Subject AD because we evaluated all pertinent that is likely to exist or develop on (d) Air Transport Association (ATA) of information and determined an unsafe products identified in this rulemaking America Code 52: Doors. condition exists and is likely to exist or action. develop on other products of the same Reason Regulatory Findings type design. (e) The mandatory continuing We determined that this proposed AD airworthiness information (MCAI) states: Differences Between This AD and the There has been a reported case of failure MCAI or Service Information would not have federalism implications of a bracket (P/N 85217732–108) of the over- under Executive Order 13132. This We have reviewed the MCAI and centering spring assembly inside the proposed AD would not have a translating door of the forward baggage related service information and, in substantial direct effect on the States, on compartment. This condition can exist on general, agree with their substance. But the relationship between the national other translating doors on the aircraft. we might have found it necessary to use Government and the States, or on the Investigation concluded that an insufficient different words from those in the MCAI distribution of power and gap between the bottom eyebolt and the to ensure the AD is clear for U.S. responsibilities among the various barrel of the spring assembly caused an increase of tension load on the bracket and operators and is enforceable. In making levels of government. these changes, we do not intend to differ resulted in subsequent failure of the bracket. For the reasons discussed above, I substantively from the information Failure of the bracket caused the eyebolt at certify this proposed regulation: provided in the MCAI and related the bottom of the spring assembly to become loose, resulted in damage of the support service information. 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; beam during normal door handle movement. We might also have proposed Damage of the support beam, which is different actions in this AD from those 2. Is not a ‘‘significant rule’’ under the dormant, in combination with failure of a in the MCAI in order to follow FAA DOT Regulatory Policies and Procedures doorstop attached to any remaining policies. Any such differences are (44 FR 11034, February 26, 1979); and undamaged support beam will degrade the highlighted in a NOTE within the 3. Will not have a significant structural integrity of the door, resulting in proposed AD. economic impact, positive or negative, possible depressurization or loss of the door. on a substantial number of small entities Corrective actions include a one-time Costs of Compliance inspection for damage of the spring support under the criteria of the Regulatory bracket and support beam of the forward Based on the service information, we Flexibility Act. estimate that this proposed AD would baggage door, aft service door, and aft We prepared a regulatory evaluation passenger door; repetitive inspections for affect about 29 products of U.S. registry. of the estimated costs to comply with integrity (corrosion, damage, cracking, and We also estimate that it would take this proposed AD and placed it in the looseness or misalignment) of the doorstops about 5 work-hours per product to AD docket. of support beams found to be within damage comply with the basic requirements of limits; repair of support beams, or this proposed AD. The average labor List of Subjects in 14 CFR Part 39 replacement of damaged brackets, support rate is $80 per work-hour. Required beams, or doorstops, as applicable; and parts would cost about $0 per product. Air transportation, Aircraft, Aviation removal of certain washers and nuts. safety, Safety. Where the service information lists Actions and Compliance required parts costs that are covered The Proposed Amendment (f) Unless already done, do the following under warranty, we have assumed that actions. there will be no charge for these costs. Accordingly, under the authority delegated to me by the Administrator, (1) Within 1,000 flight hours after the As we do not control warranty coverage effective date of this AD, perform a one-time for affected parties, some parties may the FAA proposes to amend 14 CFR part inspection for damage of the spring support incur costs higher than estimated here. 39 as follows: bracket and support beams of the forward Based on these figures, we estimate the baggage door, aft service door, and aft PART 39—AIRWORTHINESS passenger door, as applicable, in accordance cost of the proposed AD on U.S. DIRECTIVES operators to be $11,600, or $400 per with Bombardier Service Bulletin 84–52–51, Revision A, dated September 8, 2006. product. 1. The authority citation for part 39 Replace any damaged bracket, support beam, Authority for This Rulemaking continues to read as follows: or doorstop in accordance with the service Authority: 49 U.S.C. 106(g), 40113, 44701. bulletin, prior to further flight. Title 49 of the United States Code (i) If any support beam is damaged at only specifies the FAA’s authority to issue § 39.13 [Amended] one spring location and the damage is within rules on aviation safety. Subtitle I, the limits defined in Bombardier Repair section 106, describes the authority of 2. The FAA amends § 39.13 by adding Drawing RD 8/4–52–202, Issue 1, dated the FAA Administrator. ‘‘Subtitle VII: the following new AD: December 2, 2005, do the actions specified in Aviation Programs,’’ describes in more Bombardier, Inc. (Formerly de Havilland, paragraphs (f)(1)(i)(A) and (f)(1)(i)(B) of this detail the scope of the Agency’s Inc.): Docket No. FAA–2007–0183; AD. authority. Directorate Identifier 2007–NM–146–AD. (A) Inspect each doorstop of the affected We are issuing this rulemaking under door for integrity in accordance with the Comments Due Date service bulletin prior to further flight, and the authority described in ‘‘Subtitle VII, (a) We must receive comments by repeat the inspection thereafter at intervals Part A, Subpart III, Section 44701: December 13, 2007. not to exceed 400 flight hours, until the General requirements.’’ Under that support beam is repaired as specified in section, Congress charges the FAA with Affected ADs paragraph (f)(1)(i)(B) of this AD or replaced promoting safe flight of civil aircraft in (b) None. in accordance with the service bulletin. If the

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doorstop does not meet integrity standards requirements and has assigned OMB Control DATES: We must receive comments on during any inspection required by this Number 2120–0056. this proposed AD by December 13, paragraph, before further flight, repair or 2007. replace the doorstop with a new or Related Information serviceable doorstop in accordance with the (h) Refer to MCAI Canadian Airworthiness ADDRESSES: You may send comments by repair drawing. Directive CF–2007–05, effective April 24, any of the following methods: (B) Within 5,000 flight hours after 2007; Bombardier Service Bulletin 84–52–51, • DOT Docket Web Site: Go to accomplishing the inspection described in Revision A, dated September 8, 2006, http://dms.dot.gov and follow the paragraph (f)(1) of this AD, repair the support including Service Bulletin 8–MHI0084, instructions for sending your comments beam in accordance with the repair drawing Revision C, dated September 6, 2006; and electronically. or replace in accordance with the service Bombardier Repair Drawing RD 8/4–52–202, • Fax: (202) 493–2251. bulletin. Doing the repair or replacement Issue 1, dated December 2, 2005, for related • terminates the inspections required by information. Mail: U.S. Department of paragraph (f)(1)(i)(A) of this AD. Transportation, Docket Operations, M– Issued in Renton, Washington, on (ii) If any support beam is damaged at one 30, West Building Ground Floor, Room November 5, 2007. or two spring locations and any damage W12–140, 1200 New Jersey Avenue, SE., exceeds the limits defined in Bombardier Ali Bahrami, Washington, DC 20590. Repair Drawing RD 8/4–52–202, Issue 1, Manager, Transport Airplane Directorate, • Hand Delivery: Room W12–140 on dated December 2, 2005, prior to further Aircraft Certification Service. the ground floor of the West Building, flight, replace the damaged support beam [FR Doc. E7–22103 Filed 11–9–07; 8:45 am] 1200 New Jersey Avenue, SE., with a new support beam in accordance with BILLING CODE 4910–13–P the service bulletin. Washington, DC, between 9 a.m. and 5 (iii) If any support beam is damaged at two p.m., Monday through Friday, except spring locations and the damage is within the Federal holidays. limits defined in Bombardier Repair Drawing DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: http:// RD 8/4–52–202, Issue 1, dated December 2, www.regulations.gov. Follow the Federal Aviation Administration 2005, prior to further flight, repair the instructions for submitting comments. support beam in accordance with the repair drawing. 14 CFR Part 39 Examining the AD Docket (2) Within 1,000 flight hours after the [Docket No. FAA–2007–0182; Directorate You may examine the AD docket on effective date of this AD, remove the nuts and Identifier 2007–NM–138–AD] the Internet at http://dms.dot.gov; or in washers at the bottom of the over-centering person at the Docket Operations office spring assemblies of the forward baggage RIN 2120–AA64 door, aft service door, and aft passenger door between 9 a.m. and 5 p.m., Monday by incorporating Modsum 4–155296, in Airworthiness Directives; Dassault through Friday, except Federal holidays. accordance with Bombardier Service Bulletin Model Fan Jet Falcon, Fan Jet Falcon The AD docket contains this proposed 84–52–51, Revision A, dated September 8, Series C, D, E, F, and G Airplanes; AD, the regulatory evaluation, any 2006. Model Mystere-Falcon 200 Airplanes; comments received, and other FAA AD Differences and Model Mystere-Falcon 20–C5, 20– information. The street address for the Docket Operations office (telephone Note: This AD differs from the MCAI and/ D5, 20–E5, and 20–F5 Airplanes (800) 647–5527) is in the ADDRESSES or service information as follows: No AGENCY: Federal Aviation differences. section. Comments will be available in Administration (FAA), DOT. the AD docket shortly after receipt. Other FAA AD Provisions ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: Tom (g) The following provisions also apply to (NPRM). Rodriguez, Aerospace Engineer, this AD: International Branch, ANM–116, FAA, SUMMARY: We propose to adopt a new (1) Alternative Methods of Compliance Transport Airplane Directorate, 1601 airworthiness directive (AD) for the (AMOCs): The Manager, New York Aircraft Lind Avenue, SW., Renton, Washington products listed above. This proposed Certification Office (ACO), FAA, has the 98057–3356; telephone (425) 227–1137; authority to approve AMOCs for this AD, if AD results from mandatory continuing fax (425) 227–1149. requested using the procedures found in 14 airworthiness information (MCAI) CFR 39.19. Send information to ATTN: Pong originated by an aviation authority of SUPPLEMENTARY INFORMATION: K. Lee, Aerospace Engineer, New York ACO, another country to identify and correct Comments Invited FAA, 1600 Stewart Avenue, Suite 410, an unsafe condition on an aviation Westbury, New York 11590; telephone (516) product. The MCAI describes the unsafe We invite you to send any written 228–7324; fax (516) 794–5531. Before using condition as: relevant data, views, or arguments about any approved AMOC on any airplane to this proposed AD. Send your comments which the AMOC applies, notify your One occurrence has been reported where a to an address listed under the appropriate principal inspector (PI) in the maintenance operation had been performed ADDRESSES section. Include ‘‘Docket No. FAA Flight Standards District Office (FSDO), on the elevator controls, and bellcrank * * * FAA–2007–0182; Directorate Identifier or lacking a PI, your local FSDO. located in the Right Hand MLG (main (2) Airworthy Product: For any requirement landing gear) wheel well was mistakenly 2007–NM–138–AD’’ at the beginning of in this AD to obtain corrective actions from installed upside down. This discrepancy and your comments. We specifically invite a manufacturer or other source, use these improper installation caused an unexpected comments on the overall regulatory, actions if they are FAA-approved. Corrective 5° positioning offset of the elevator control economic, environmental, and energy actions are considered FAA-approved if they surfaces leading to a hazardous condition on aspects of this proposed AD. We will are approved by the State of Design Authority landing, [involving] the pilot being unable to consider all comments received by the (or their delegated agent). You are required flare the aircraft as needed * * * [which closing date and may amend this to assure the product is airworthy before it resulted in a hard landing]. proposed AD based on those comments. is returned to service. (3) Reporting Requirements: For any The unsafe condition is reduced We will post all comments we reporting requirement in this AD, under the controllability of the airplane. The receive, without change, to http:// provisions of the Paperwork Reduction Act, proposed AD would require actions that dms.dot.gov, including any personal the Office of Management and Budget (OMB) are intended to address the unsafe information you provide. We will also has approved the information collection condition described in the MCAI. post a report summarizing each

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substantive verbal contact we receive general, agree with their substance. But the relationship between the national about this proposed AD. we might have found it necessary to use Government and the States, or on the different words from those in the MCAI distribution of power and Discussion to ensure the AD is clear for U.S. responsibilities among the various The European Aviation Safety Agency operators and is enforceable. In making levels of government. (EASA), which is the Technical Agent these changes, we do not intend to differ For the reasons discussed above, I for the Member State of the European substantively from the information certify this proposed regulation: Community, has issued EASA provided in the MCAI and related 1. Is not a ‘‘significant regulatory Airworthiness Directive 2006–0185, service information. action’’ under Executive Order 12866; dated July 6, 2006 (referred to after this We might also have proposed 2. Is not a ‘‘significant rule’’ under the as ‘‘the MCAI’’), to correct an unsafe different actions in this AD from those DOT Regulatory Policies and Procedures condition for the specified products. in the MCAI in order to follow FAA (44 FR 11034, February 26, 1979); and The MCAI states: policies. Any such differences are 3. Will not have a significant One occurrence has been reported where a highlighted in a NOTE within the economic impact, positive or negative, maintenance operation had been performed proposed AD. on a substantial number of small entities on the elevator controls, and bellcrank P/N under the criteria of the Regulatory Costs of Compliance (part number) MY20273017 or P/N Flexibility Act. MY20273017015 located in the Right Hand Based on the service information, we We prepared a regulatory evaluation MLG (main landing gear) wheel well was estimate that this proposed AD would of the estimated costs to comply with mistakenly installed upside down. This affect about 255 products of U.S. discrepancy and improper installation this proposed AD and placed it in the caused an unexpected 5° positioning offset of registry. We also estimate that it would AD docket. the elevator control surfaces leading to a take about 3 work-hours per product to hazardous condition on landing, [involving] comply with the basic requirements of List of Subjects in 14 CFR Part 39 the pilot being unable to flare the aircraft as this proposed AD. The average labor Air transportation, Aircraft, Aviation needed * * * [which resulted in a hard rate is $80 per work-hour. Required safety, Safety. landing]. parts would cost about $9 per product. The purpose of this AD is to prevent Where the service information lists The Proposed Amendment reoccurrence of this kind of incident Accordingly, under the authority introducing disabusing markings on the required parts costs that are covered incriminated parts by applying SB (Service under warranty, we have assumed that delegated to me by the Administrator, Bulletin) F20–768 or SB F200–122 as there will be no charge for these costs. the FAA proposes to amend 14 CFR part appropriate. As we do not control warranty coverage 39 as follows: The unsafe condition is reduced for affected parties, some parties may incur costs higher than estimated here. PART 39—AIRWORTHINESS controllability of the airplane. DIRECTIVES Corrective actions include verifying the Based on these figures, we estimate the correct assembly of the elevator cost of the proposed AD on U.S. 1. The authority citation for part 39 bellcrank and re-installing if necessary. operators to be $63,495, or $249 per continues to read as follows: product. You may obtain further information by Authority: 49 U.S.C. 106(g), 40113, 44701. examining the MCAI in the AD docket. Authority for This Rulemaking § 39.13 [Amended] Relevant Service Information Title 49 of the United States Code specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding Dassault has issued Service Bulletins the following new AD: F20–768, dated May 23, 2006, and rules on aviation safety. Subtitle I, F200–122, dated May 23, 2006. The section 106, describes the authority of Dassault Aviation (Formerly Avions Marcel actions described in this service the FAA Administrator. ‘‘Subtitle VII: Dassault-Breguet Aviation (AMD/BA)): Aviation Programs,’’ describes in more Docket No. FAA–2007–0182; Directorate information are intended to correct the Identifier 2007–NM–138–AD. unsafe condition identified in the detail the scope of the Agency’s MCAI. authority. Comments Due Date We are issuing this rulemaking under (a) We must receive comments by FAA’s Determination and Requirements the authority described in ‘‘Subtitle VII, December 13, 2007. of This Proposed AD Part A, Subpart III, Section 44701: Affected ADs This product has been approved by General requirements.’’ Under that the aviation authority of another section, Congress charges the FAA with (b) None. country, and is approved for operation promoting safe flight of civil aircraft in Applicability in the United States. Pursuant to our air commerce by prescribing regulations (c) This AD applies to all Dassault Model bilateral agreement with the State of for practices, methods, and procedures Fan Jet Falcon, Fan Jet Falcon series C, D, E, Design Authority, we have been notified the Administrator finds necessary for F, and G airplanes; Model Mystere-Falcon of the unsafe condition described in the safety in air commerce. This regulation 200 airplanes; and Model Mystere-Falcon 20– MCAI and service information is within the scope of that authority C5, 20–D5, 20–E5, and 20–F5 airplanes, all referenced above. We are proposing this because it addresses an unsafe condition serial numbers, certificated in any category. AD because we evaluated all pertinent that is likely to exist or develop on Subject information and determined an unsafe products identified in this rulemaking (d) Air Transport Association (ATA) of condition exists and is likely to exist or action. America Code 27: Flight Controls. develop on other products of the same Regulatory Findings type design. Reason We determined that this proposed AD (e) The mandatory continuing Differences Between This AD and the would not have federalism implications airworthiness information (MCAI) states: MCAI or Service Information under Executive Order 13132. This One occurrence has been reported where a We have reviewed the MCAI and proposed AD would not have a maintenance operation had been performed related service information and, in substantial direct effect on the States, on on the elevator controls, and bellcrank P/N

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(part number) MY20273017 or P/N approved if they are approved by the State structural integrity of the frame and MY20273017015 located in the Right Hand of Design Authority (or their delegated adjacent lap joint. This reduced MLG (main landing gear) wheel well was agent). You are required to assure the product structural integrity can increase loading mistakenly installed upside down. This is airworthy before it is returned to service. in the fuselage skin, which will discrepancy and improper installation (3) Reporting Requirements: For any caused an unexpected 5° positioning offset of reporting requirement in this AD, under the accelerate skin crack growth and result the elevator control surfaces leading to a provisions of the Paperwork Reduction Act, in decompression of the airplane. hazardous condition on landing, [involving] the Office of Management and Budget (OMB) DATES: We must receive comments on the pilot being unable to flare the aircraft as has approved the information collection this proposed AD by December 28, needed * * * [which resulted in a hard requirements and has assigned OMB Control 2007. landing]. Number 2120–0056. The purpose of this AD is to prevent ADDRESSES: You may send comments by reoccurrence of this kind of incident Related Information any of the following methods: introducing disabusing markings on the (h) Refer to MCAI European Aviation • Federal eRulemaking Portal: Go to incriminated parts by applying SB (Service Safety Agency Airworthiness Directive 2006– http://www.regulations.gov. Follow the Bulletin) F20–768 or SB F200–122 as 0185, dated July 6, 2006, and Dassault instructions for submitting comments. appropriate. Service Bulletins F20–768 and F200–122, • Fax: 202–493–2251. The unsafe condition is reduced both dated May 23, 2006, for related • Mail: U.S. Department of controllability of the airplane. Corrective information. Transportation, Docket Operations, M– actions include verifying the correct Issued in Renton, Washington, on October 30, West Building Ground Floor, Room assembly of the elevator bellcrank and re- 23, 2007. W12–140, 1200 New Jersey Avenue, SE., installing if necessary. Stephen P. Boyd, Washington, DC 20590. Actions and Compliance Assistant Manager, Transport Airplane Hand Delivery: U.S. Department of (f) Within 74 months from the effective Directorate, Aircraft Certification Service. Transportation, Docket Operations, M– date of this AD, unless already done, do the [FR Doc. E7–22102 Filed 11–9–07; 8:45 am] 30, West Building Ground Floor, Room following actions. BILLING CODE 4910–13–P W12–140, 1200 New Jersey Avenue SE., (1) Verify the correct assembly of the Washington, DC 20590, between 9 a.m. elevator bellcrank P/N (part number) and 5 p.m., Monday through Friday, MY20273–17 or P/N MY20273–17–15 at except Federal holidays. frame 26, as instructed in Dassault Service DEPARTMENT OF TRANSPORTATION Bulletin F20–768, dated May 23, 2006; or For service information identified in Dassault Service Bulletin F200–122, dated Federal Aviation Administration this AD contact Boeing Commercial May 23, 2006; as applicable. Airplanes, P.O. Box 3707, Seattle, (2) If the elevator bellcrank is found in the 14 CFR Part 39 Washington 98124–2207. reverse orientation, reinstall it prior to next [Docket No. FAA–2007–0184; Directorate Examining the AD Docket flight in accordance with Dassault Service Identifier 2007–NM–140–AD] Bulletin F20–768, dated May 23, 2006; or You may examine the AD docket on Dassault Service Bulletin F200–122, dated RIN 2120–AA64 the Internet at http:// May 23, 2006; as applicable. www.regulations.gov; or in person at the (3) Label the elevator bellcrank as Airworthiness Directives; Boeing Docket Management Facility between 9 instructed in Dassault Service Bulletin F20– Model 737–100, –200, –200C, –300, a.m. and 5 p.m., Monday through 768, dated May 23, 2006; or Dassault Service –400, and –500 Series Airplanes Bulletin F200–122, dated May 23, 2006; as Friday, except Federal holidays. The AD applicable. AGENCY: Federal Aviation docket contains this proposed AD, the regulatory evaluation, any comments FAA AD Differences Administration (FAA), Department of Transportation (DOT). received, and other information. The Note: This AD differs from the MCAI and/ street address for the Docket Office or service information as follows: No ACTION: Notice of proposed rulemaking (NPRM). (telephone 800–647–5527) is in the Differences. ADDRESSES section. Comments will be Other FAA AD Provisions SUMMARY: The FAA proposes to adopt a available in the AD docket shortly after receipt. (g) The following provisions also apply to new airworthiness directive (AD) for this AD: certain Boeing Model 737–100, –200, FOR FURTHER INFORMATION CONTACT: (1) Alternative Methods of Compliance –200C, –300, –400, and –500 series Wayne Lockett, Aerospace Engineer, (AMOCs): The Manager, International airplanes. This proposed AD would Airframe Branch, ANM–120S, FAA, Branch, ANM–116, Transport Airplane require various repetitive inspections Seattle Aircraft Certification Office, Directorate, FAA, has the authority to for cracking of the upper frame to side 1601 Lind Avenue, SW., Renton, approve AMOCs for this AD, if requested frame splice of the fuselage, and other Washington 98057–3356; telephone using the procedures found in 14 CFR 39.19. specified and corrective actions if (425) 917–6447; fax (425) 917–6590. Send information to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, necessary. This proposed AD also SUPPLEMENTARY INFORMATION: provides for an optional preventive ANM–116, FAA, Transport Airplane Comments Invited Directorate, 1601 Lind Avenue, SW., Renton, modification, which would terminate Washington 98057–3356; telephone (425) the repetitive inspections. This We invite you to send any written 227–1137; fax (425) 227–1149. Before using proposed AD results from a report that relevant data, views, or arguments about any approved AMOC on any airplane to the upper frame of the fuselage was this proposed AD. Send your comments which the AMOC applies, notify your severed between stringers S–13L and S– to an address listed under the appropriate principal inspector (PI) in the 14L at station 747, and the adjacent ADDRESSES section. Include ‘‘Docket No. FAA Flight Standards District Office (FSDO), frame at station 767 had a 1.3-inch-long FAA–2007–0184; Directorate Identifier or lacking a PI, your local FSDO. (2) Airworthy Product: For any crack at the same stringer location. We 2007–NM–140–AD’’ at the beginning of requirement in this AD to obtain corrective are proposing this AD to detect and your comments. We specifically invite actions from a manufacturer or other source, correct fatigue cracking of the upper comments on the overall regulatory, use these actions if they are FAA-approved. frame to side frame splice of the economic, environmental, and energy Corrective actions are considered FAA- fuselage, which could result in reduced aspects of this proposed AD. We will

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consider all comments received by the done: Perform a detailed inspection of 7200–02–01294, dated August 20, 2002, closing date and may amend this the frame repair to make sure it follows as an additional source of service proposed AD because of those the repair given in the applicable Boeing information for accomplishing certain comments. Model 737 Structural Repair Manual repairs and optional terminating action We will post all comments we (SRM). If the repair is not as given in the of the preventive modification. receive, without change, to http:// SRM, perform any applicable corrective Boeing Service Bulletin 737–53–1125, www.regulations.gov, including any actions. Then perform an HFEC dated November 22, 1989, Revision 1, personal information you provide. We inspection for cracking of the upper dated September 20, 1990, and Revision will also post a report summarizing each frame. If any crack is found, repair 2, dated November 21, 1991, provided a substantive verbal contact we receive before further flight. If no crack is preventive modification to reduce the about this proposed AD. found, repeat the HFEC inspection or stress level at the first fastener location Discussion contact Boeing for applicable in the frame splice common to the fail terminating action, which would safe chord. The preventive modification We have received a report indicating eliminate the need for the repetitive increased the fatigue life of the splice that the upper frame of the fuselage was inspections. area. However, the service bulletin did severed between stringers S–13L and S– • Configuration 3 airplanes on which not include adequate inspections for 14L at station 747 on one airplane that the actions specified in Boeing Service cracks prior to accomplishing the had completed 41,000 total flight cycles, Bulletin 737–53–1125 have not been preventive modification; therefore, the and that the adjacent frame at station done: Perform an MFEC inspection for inspections specified in Boeing Alert 767 had a 1.3-inch-long crack at the cracking of the upper frame. The MFEC Service Bulletin 737–53A1261 same stringer location. This incident inspection is not necessary if the (described above) are recommended on occurred on a Model 737–300 airplane. preventive modification is being airplanes on which that preventive All cracks in the upper frame originated accomplished. If any crack is found, modification has been accomplished in from the upper end fastener hole of the repair before further flight. If no crack accordance with Boeing Service Bulletin frame splice common to the fail safe is found, repeat the MFEC inspection or 737–53–1125. chord. This condition, if not corrected, do the preventive modification, which could result in reduced structural would eliminate the need for the FAA’s Determination and Requirements integrity of the frame and adjacent lap repetitive inspections. When doing the of the Proposed AD joint. This reduced structural integrity preventive modification, perform an We have evaluated all pertinent can increase loading in the fuselage HFEC inspection for cracking of the information and identified an unsafe skin, which will accelerate skin crack fastener holes in the upper frame and condition that is likely to exist or growth and result in decompression of side frame. If any crack is found, repair develop on other airplanes of this same the airplane. before further flight. If no crack is type design. For this reason, we are Relevant Service Information found, fabricate and install a proposing this AD, which would require modification angle as defined in the accomplishing the actions specified in We have reviewed Boeing Alert applicable Appendix. the service information described Service Bulletin 737–53A1261, The service bulletin specifies a previously, except as discussed under including Appendices A through X compliance time for the initial ‘‘Difference Between the Proposed AD inclusive, dated January 19, 2006. The inspection ranging between 30,000 total and Alert Service Bulletin.’’ service bulletin describes the following flight cycles and 50,000 total flight procedures for various repetitive cycles, with a grace period of 5,000 Difference Between Proposed AD and inspections for cracking of the upper flight cycles after the release date of the Alert Service Bulletin frame to side frame splice of the service bulletin, whichever occurs later, The service bulletin specifies to fuselage, and other specified and depending on airplane configuration. contact the manufacturer for corrective actions if necessary. The The corrective actions include repair instructions on how to repair certain inspections and other specified and of any cracks found and ensuring that conditions, but this proposed AD would corrective actions are described below: the frame maintains its structural require repairing those conditions in • Configuration 1 airplanes on which integrity. If, during the accomplishment one of the following ways: the preventive modification specified in of the corrective actions, the structure • Using a method that we approve; or Boeing Service Bulletin 737–53–1125 that has been damaged is not covered in • Using data that meet the has been done: Perform repetitive the structural repair manual, the service certification basis of the airplane, and medium frequency eddy current (MFEC) bulletin specifies contacting Boeing for that have been approved by an inspections for cracking of the upper repair. The service bulletin also Authorized Representative for the frame, repair of any crack before further describes procedures for a preventive Boeing Commercial Airplanes flight, an optional preventive modification of the frame splice joints Delegation Option Authorization modification, which would eliminate which would eliminate the need for the Organization whom we have authorized the need for the repetitive inspections. repetitive inspections. In addition, the to make those findings. The preventive modification also service bulletin recommends contacting Costs of Compliance involves a high frequency eddy current Boeing for certain repair instructions (HFEC) inspection for cracking of the and terminating action for certain There are about 1509 airplanes of the fastener holes in the upper frame and airplanes. affected design in the worldwide fleet. side frame, repair of any crack before Accomplishing the actions specified This proposed AD would affect about further flight, and if no crack is found, in the service information is intended to 524 airplanes of U.S. registry. The fabricating and installing a modification adequately address the unsafe proposed inspections would take angle as defined in the applicable condition. between 18 and 38 work hours per Appendix. airplane, depending on airplane • Configuration 2 airplanes on which Other Related Service Information configuration, at an average labor rate of the frame repair specified in Boeing Boeing Alert Service Bulletin 737– $80 per work hour. Based on these Service Bulletin 737–53–1125 has been 53A1261 refers to Boeing Message M– figures, the estimated cost of the

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inspections proposed by this AD for PART 39—AIRWORTHINESS (h) If, during the accomplishment of the U.S. operators is between $754,560 and DIRECTIVES corrective actions required by paragraph (f) of $1,592,960, or $1,440 and $3,040 per this AD, the structure that has been damaged airplane, per inspection cycle. 1. The authority citation for part 39 is not covered in the structural repair continues to read as follows: manual, before further flight, repair in Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with the procedures specified in Title 49 of the United States Code paragraph (j) of this AD. § 39.13 [Amended] specifies the FAA’s authority to issue Optional Terminating Action rules on aviation safety. Subtitle I, 2. The Federal Aviation Section 106, describes the authority of Administration (FAA) amends § 39.13 (i) Accomplishing the actions specified in the FAA Administrator. Subtitle VII, by adding the following new paragraph (i)(1) (i)(2) or (i)(3) of this AD, as Aviation Programs, describes in more airworthiness directive (AD): applicable, terminates the repetitive inspections required by paragraph (f) of this detail the scope of the Agency’s Boeing: Docket No. FAA–2007–0184; authority. Directorate Identifier 2007–NM–140–AD. AD for the repaired or modified frames only. (1) Accomplishment of the repair specified We are issuing this rulemaking under Comments Due Date the authority described in Subtitle VII, in Part 3 of the Accomplishment Instructions (a) The FAA must receive comments on of Boeing Alert Service Bulletin 737– Part A, Subpart III, Section 44701, this AD action by December 28, 2007. ‘‘General requirements.’’ Under that 53A1261, including Appendices A through X section, Congress charges the FAA with Affected ADs inclusive, dated January 19, 2006, or the preventive modification specified in Part 4 of promoting safe flight of civil aircraft in (b) None. the Accomplishment Instructions of the air commerce by prescribing regulations Applicability service bulletin. for practices, methods, and procedures (c) This AD applies to Boeing Model 737– (2) Accomplishment of the repair or the the Administrator finds necessary for 100, –200, –200C, –300, –400, and –500 preventive modification specified in Boeing safety in air commerce. This regulation series airplanes, certificated in any category; Message M–7200–02–01294, dated August is within the scope of that authority as identified in Boeing Alert Service Bulletin 20, 2002. because it addresses an unsafe condition 737–53A1261, dated January 19, 2006. (3) Accomplishment of the repair or the that is likely to exist or develop on Unsafe Condition preventive modification in accordance with a products identified in this rulemaking method approved by the Manager, Seattle action. (d) This AD results from a report that the upper frame of the fuselage was severed ACO. between stringers S–13L and S–14L at station Regulatory Findings Alternative Methods of Compliance 747, and the adjacent frame at station 767 We have determined that this had a 1.3-inch-long crack at the same stringer (AMOCs) proposed AD would not have federalism location. We are issuing this AD to detect and (j)(1) The Manager, Seattle ACO, has the implications under Executive Order correct fatigue cracking of the upper frame to authority to approve AMOCs for this AD, if 13132. This proposed AD would not side frame splice of the fuselage, which could requested in accordance with the procedures have a substantial direct effect on the result in reduced structural integrity of the found in 14 CFR 39.19. frame and adjacent lap joint. This reduced States, on the relationship between the (2) To request a different method of national Government and the States, or structural integrity can increase loading in the fuselage skin, which will accelerate skin compliance or a different compliance time on the distribution of power and crack growth and result in decompression of for this AD, follow the procedures in 14 CFR responsibilities among the various the airplane. 39.19. Before using any approved AMOC on levels of government. any airplane to which the AMOC applies, For the reasons discussed above, I Compliance notify your appropriate principal inspector certify that the proposed regulation: (e) You are responsible for having the (PI) in the FAA Flight Standards District 1. Is not a ‘‘significant regulatory actions required by this AD performed within Office (FSDO), or lacking a PI, your local action’’ under Executive Order 12866; the compliance times specified, unless the FSDO. actions have already been done. 2. Is not a ‘‘significant rule’’ under the (3) An AMOC that provides an acceptable DOT Regulatory Policies and Procedures Repetitive Inspections/Corrective Actions level of safety may be used for any repair (44 FR 11034, February 26, 1979); and (f) At the applicable compliance time listed required by this AD, if it is approved by an 3. Will not have a significant in paragraph 1.E., ‘‘Compliance,’’ of Boeing Authorized Representative for the Boeing economic impact, positive or negative, Alert Service Bulletin 737–53A1261, Commercial Airplanes Delegation Option on a substantial number of small entities including Appendices A through X inclusive, Authorization Organization who has been under the criteria of the Regulatory dated January 19, 2006: Do the applicable authorized by the Manager, Seattle ACO, to Flexibility Act. inspections for cracking of the upper frame make those findings. For a repair method to We prepared a regulatory evaluation to side frame splice of the fuselage by doing be approved, the repair must meet the all of the actions, as specified in the certification basis of the airplane, and the of the estimated costs to comply with Accomplishment Instructions of the service this proposed AD and placed it in the bulletin; except as provided by paragraphs (g) approval must specifically refer to this AD. AD docket. See the ADDRESSES section and (h) of this AD. Do all applicable specified Issued in Renton, Washington, on for a location to examine the regulatory and corrective actions before further flight in November 5, 2007. evaluation. accordance with the service bulletin. Repeat the applicable inspections thereafter at Ali Bahrami, List of Subjects in 14 CFR Part 39 intervals not to exceed 6,000 flight cycles Manager, Transport Airplane Directorate, Air transportation, Aircraft, Aviation until the terminating action in paragraph (i) Aircraft Certification Service. safety, Safety. of this AD has been accomplished. [FR Doc. E7–22104 Filed 11–9–07; 8:45 am] (g) If any crack is found during any BILLING CODE 4910–13–P The Proposed Amendment inspection required by this AD, and the service bulletin specifies to contact Boeing Accordingly, under the authority for appropriate action: Before further flight, delegated to me by the Administrator, repair the crack in accordance with the the FAA proposes to amend 14 CFR part procedures specified in paragraph (j) of this 39 as follows: AD.

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DEPARTMENT OF TRANSPORTATION Examining the AD Docket insufficient electrical bonding between the boost pump canister and the pressure pick- You may examine the AD docket on Federal Aviation Administration up line could occur. Insufficient electrical the Internet at http:// bonding between the boost pump canister www.regulations.gov; or in person at the 14 CFR Part 39 and the pressure pick-up line, if not Docket Operations office between 9 a.m. corrected, could result in arcing and and 5 p.m., Monday through Friday, potential ignition source inside the fuel tank [Docket No. FAA–2007–0185; Directorate except Federal holidays. The AD docket during lightning strikes and consequent fuel Identifier 2007–NM–246–AD] contains this proposed AD, the tank explosion. To correct the unsafe condition, this directive mandates a detailed regulatory evaluation, any comments visual inspection of the fuel boost pump for RIN 2120–AA64 received, and other information. The the presence of anodized reducer couplings. street address for the Docket Operations All anodized couplings found are to be Airworthiness Directives; Bombardier office (telephone (800) 647–5527) is in replaced with couplings having ion vapor Model CL–600–2B19 (Regional Jet the ADDRESSES section. Comments will deposition (IVD) coating. Series 100 & 440) Airplanes be available in the AD docket shortly You may obtain further information after receipt. AGENCY: Federal Aviation by examining the MCAI in the AD Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: docket. Rocco Viselli, Aerospace Engineer, The FAA has examined the ACTION: Notice of proposed rulemaking Airframe and Propulsion Branch, ANE– underlying safety issues involved in fuel (NPRM). 171, FAA, New York Aircraft tank explosions on several large SUMMARY: We propose to adopt a new Certification Office, 1600 Stewart transport airplanes, including the airworthiness directive (AD) for the Avenue, Suite 410, Westbury, New York adequacy of existing regulations, the products listed above. This proposed 11590; telephone (516) 228–7331; fax service history of airplanes subject to AD results from mandatory continuing (516) 794–5531. those regulations, and existing airworthiness information (MCAI) SUPPLEMENTARY INFORMATION: maintenance practices for fuel tank systems. As a result of those findings, originated by an aviation authority of Comments Invited another country to identify and correct we issued a regulation titled ‘‘Transport an unsafe condition on an aviation We invite you to send any written Airplane Fuel Tank System Design product. The MCAI describes the unsafe relevant data, views, or arguments about Review, Flammability Reduction and condition as: this proposed AD. Send your comments Maintenance and Inspection to an address listed under the Requirements’’ (66 FR 23086, May 7, Bombardier Aerospace has completed a ADDRESSES section. Include ‘‘Docket No. 2001). In addition to new airworthiness system safety review of the CL–600–2B19 FAA–2007–0185; Directorate Identifier standards for transport airplanes and aircraft fuel system * * *. new maintenance requirements, this The assessment showed that if the fuel 2007–NM–246–AD’’ at the beginning of boost pump reducer coupling is anodized, your comments. We specifically invite rule included Special Federal Aviation insufficient electrical bonding between the comments on the overall regulatory, Regulation No. 88 (‘‘SFAR 88,’’ boost pump canister and the pressure pick- economic, environmental, and energy Amendment 21–78, and subsequent up line could occur. Insufficient electrical aspects of this proposed AD. We will Amendments 21–82 and 21–83). bonding between the boost pump canister consider all comments received by the Among other actions, SFAR 88 and the pressure pick-up line, if not closing date and may amend this requires certain type design (i.e., type corrected, could result in arcing and proposed AD based on those comments. certificate (TC) and supplemental type potential ignition source inside the fuel tank We will post all comments we certificate (STC)) holders to substantiate during lightning strikes and consequent fuel receive, without change, to http:// that their fuel tank systems can prevent tank explosion. * * * www.regulations.gov, including any ignition sources in the fuel tanks. This The proposed AD would require personal information you provide. We requirement applies to type design actions that are intended to address the will also post a report summarizing each holders for large turbine-powered unsafe condition described in the MCAI. substantive verbal contact we receive transport airplanes and for subsequent DATES: We must receive comments on about this proposed AD. modifications to those airplanes. It requires them to perform design reviews this proposed AD by December 13, Discussion 2007. and to develop design changes and Transport Canada Civil Aviation maintenance procedures if their designs ADDRESSES: You may send comments by (TCCA), which is the aviation authority do not meet the new fuel tank safety any of the following methods: for Canada, has issued Canadian standards. As explained in the preamble • Federal eRulemaking Portal: Go to Airworthiness Directive CF–2007–18, to the rule, we intended to adopt http://www.regulations.gov. Follow the dated September 4, 2007 (referred to airworthiness directives to mandate any instructions for submitting comments. after this as ‘‘the MCAI’’), to correct an changes found necessary to address • Fax: (202) 493–2251. unsafe condition for the specified unsafe conditions identified as a result • Mail: U.S. Department of products. The MCAI states: of these reviews. Transportation, Docket Operations, M– Bombardier Aerospace has completed a In evaluating these design reviews, we 30, West Building Ground Floor, Room system safety review of the CL–600–2B19 have established four criteria intended W12–140, 1200 New Jersey Avenue, SE., aircraft fuel system against new fuel tank to define the unsafe conditions Washington, DC 20590. safety standards introduced in Chapter 525 of associated with fuel tank systems that • Hand Delivery: U.S. Department of the Airworthiness Manual through Notice of require corrective actions. The Transportation, Docket Operations, M– Proposed Amendment (NPA) 2002–043. The percentage of operating time during identified non-compliances were assessed 30, West Building Ground Floor, Room using Transport Canada Policy Letter No. which fuel tanks are exposed to W12–40, 1200 New Jersey Avenue, SE., 525–001 to determine if mandatory corrective flammable conditions is one of these Washington, DC, between 9 a.m. and 5 action is required. criteria. The other three criteria address p.m., Monday through Friday, except The assessment showed that if the fuel the failure types under evaluation: Federal holidays. boost pump reducer coupling is anodized, Single failures, single failures in

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combination with a latent condition(s), product. Where the service information The Proposed Amendment and in-service failure experience. For all lists required parts costs that are Accordingly, under the authority four criteria, the evaluations included covered under warranty, we have delegated to me by the Administrator, consideration of previous actions taken assumed that there will be no charge for the FAA proposes to amend 14 CFR part that may mitigate the need for further these costs. As we do not control 39 as follows: action. warranty coverage for affected parties, We have determined that the actions some parties may incur costs higher PART 39—AIRWORTHINESS identified in this AD are necessary to than estimated here. Based on these DIRECTIVES reduce the potential of ignition sources figures, we estimate the cost of the inside fuel tanks, which, in combination proposed AD on U.S. operators to be 1. The authority citation for part 39 with flammable fuel vapors, could result $706,492, or $1,388 per product. continues to read as follows: in fuel tank explosions and consequent Authority: 49 U.S.C. 106(g), 40113, 44701. loss of the airplane. Authority for This Rulemaking § 39.13 [Amended] Title 49 of the United States Code Relevant Service Information specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding Bombardier has issued Service rules on aviation safety. Subtitle I, the following new AD: Bulletin 601R–28–057, dated December section 106, describes the authority of Bombardier, Inc. (Formerly Canadair): 4, 2003. The actions described in this the FAA Administrator. ‘‘Subtitle VII: Docket No. FAA–2007–0185; Directorate service information are intended to Aviation Programs,’’ describes in more Identifier 2007–NM–246–AD. correct the unsafe condition identified detail the scope of the Agency’s Comments Due Date in the MCAI. authority. (a) We must receive comments by FAA’s Determination and Requirements We are issuing this rulemaking under December 13, 2007. the authority described in ‘‘Subtitle VII, of This Proposed AD Affected ADs Part A, Subpart III, Section 44701: This product has been approved by General requirements.’’ Under that (b) None. the aviation authority of another section, Congress charges the FAA with Applicability country, and is approved for operation promoting safe flight of civil aircraft in in the United States. Pursuant to our (c) This AD applies to Bombardier Model air commerce by prescribing regulations CL–600–2B19 (Regional Jet Series 100 & 440) bilateral agreement with the State of for practices, methods, and procedures airplanes, certified in any category, serial Design Authority, we have been notified the Administrator finds necessary for numbers 7003 through 7067 and 7069 of the unsafe condition described in the safety in air commerce. This regulation through 7797. MCAI and service information is within the scope of that authority Subject referenced above. We are proposing this because it addresses an unsafe condition AD because we evaluated all pertinent (d) Air Transport Association (ATA) of that is likely to exist or develop on America Code 28: Fuel. information and determined an unsafe products identified in this rulemaking condition exists and is likely to exist or action. Reason develop on other products of the same (e) The mandatory continuing type design. Regulatory Findings airworthiness information (MCAI) states: Differences Between This AD and the We determined that this proposed AD Bombardier Aerospace has completed a would not have federalism implications system safety review of the CL–600–2B19 MCAI or Service Information aircraft fuel system against new fuel tank under Executive Order 13132. This We have reviewed the MCAI and safety standards introduced in Chapter 525 of related service information and, in proposed AD would not have a the Airworthiness Manual through Notice of general, agree with their substance. But substantial direct effect on the States, on Proposed Amendment (NPA) 2002–043. The we might have found it necessary to use the relationship between the national identified non-compliances were assessed different words from those in the MCAI Government and the States, or on the using Transport Canada Policy Letter No. distribution of power and 525–001 to determine if mandatory corrective to ensure the AD is clear for U.S. action is required. operators and is enforceable. In making responsibilities among the various levels of government. The assessment showed that if the fuel these changes, we do not intend to differ boost pump reducer coupling is anodized, substantively from the information For the reasons discussed above, I insufficient electrical bonding between the provided in the MCAI and related certify this proposed regulation: boost pump canister and the pressure pick- service information. 1. Is not a ‘‘significant regulatory up line could occur. Insufficient electrical We might also have proposed action’’ under Executive Order 12866; bonding between the boost pump canister different actions in this AD from those 2. Is not a ‘‘significant rule’’ under the and the pressure pick-up line, if not corrected, could result in arcing and in the MCAI in order to follow FAA DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and potential ignition source inside the fuel tank policies. Any such differences are during lightning strikes and consequent fuel highlighted in a NOTE within the 3. Will not have a significant tank explosion. To correct the unsafe proposed AD. economic impact, positive or negative, condition, this directive mandates a detailed on a substantial number of small entities visual inspection of the fuel boost pump for Costs of Compliance under the criteria of the Regulatory the presence of anodized reducer couplings. Based on the service information, we Flexibility Act. All anodized couplings found are to be estimate that this proposed AD would We prepared a regulatory evaluation replaced with couplings having ion vapor affect about 509 products of U.S. of the estimated costs to comply with deposition (IVD) coating. registry. We also estimate that it would this proposed AD and placed it in the Actions and Compliance take about 11 work-hours per product to AD docket. (f) Unless already done, do the following comply with the basic requirements of List of Subjects in 14 CFR Part 39 actions. this proposed AD. The average labor (1) Within 5,000 flight hours after the rate is $80 per work-hour. Required Air transportation, Aircraft, Aviation effective date of this AD, carry out a detailed parts would cost about $508 per safety, Safety. inspection for the presence of an anodized

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(blue color) fuel boost pump reducer DEPARTMENT OF TRANSPORTATION For service information identified in coupling according to the Accomplishment this proposed AD, contact Boeing Instructions of Bombardier Service Bulletin Federal Aviation Administration Commercial Airplanes, Long Beach 601R–28–057, dated December 4, 2003. Division, 3855 Lakewood Boulevard, (2) If the results of the inspection required 14 CFR Part 39 Long Beach, California 90846, by paragraph (f)(1) of this AD reveal that none of the fuel boost pump reducer [Docket No. FAA–2007–0186; Directorate Attention: Data and Service couplings are anodized, no further action is Identifier 2007–NM–226–AD] Management, Dept. C1–L5A (D800– required. 0024). RIN 2120–AA64 (3) If the results of the inspection required Examining the AD Docket by paragraph (f)(1) of this AD reveal the Airworthiness Directives; McDonnell presence of any anodized fuel boost pump You may examine the AD docket on reducer coupling, prior to further flight, Douglas Model DC–10–10, DC–10–10F, the Internet at http:// replace the anodized coupling with a DC–10–15, DC–10–30, DC–10–30F (KC– www.regulations.gov; or in person at the coupling having ion vapor deposition coating 10A and KDC–10), DC–10–40, DC–10– Docket Management Facility between according to the Accomplishment 40F, MD–10–10F, and MD–10–30F 9 a.m. and 5 p.m., Monday through Instructions of Bombardier Service Bulletin Airplanes Friday, except Federal holidays. The AD 601R–28–057, dated December 4, 2003. AGENCY: Federal Aviation docket contains this proposed AD, the FAA AD Differences Administration (FAA), Department of regulatory evaluation, any comments Transportation (DOT). received, and other information. The Note: This AD differs from the MCAI and/ street address for the Docket Office or service information as follows: No ACTION: Notice of proposed rulemaking (telephone 800–647–5527) is in the Differences. (NPRM). ADDRESSES section. Comments will be Other FAA AD Provisions SUMMARY: The FAA proposes to revise available in the AD docket shortly after (g) The following provisions also apply to an existing airworthiness directive (AD) receipt. this AD: that applies to certain McDonnell FOR FURTHER INFORMATION CONTACT: (1) Alternative Methods of Compliance Douglas Model DC–10–10, DC–10–10F, Samuel Lee, Aerospace Engineer, (AMOCs): The Manager, New York Aircraft DC–10–15, DC–10–30, DC–10–30F (KC– Propulsion Branch, ANM–140L, FAA, Certification Office, FAA, has the authority to 10A and KDC–10), DC–10–40, and DC– Los Angeles Aircraft Certification approve AMOCs for this AD, if requested 10–40F airplanes. The existing AD Office, 3960 Paramount Boulevard, using the procedures found in 14 CFR 39.19. currently requires installing or replacing Lakewood, California 90712–4137; Send information to ATTN: Rocco Viselli, telephone (562) 627–5262; fax (562) Aerospace Engineer, Airframe and with improved parts, as applicable, the Propulsion Branch, ANE–171, FAA, New bonding straps between the metallic 627–5210. York Aircraft Certification Office, 1600 frame of the fillet and the wing leading SUPPLEMENTARY INFORMATION: Stewart Avenue, Suite 410, Westbury, New edge ribs, on both the left and right Comments Invited York 11590; telephone (516) 228–7331; fax sides of the airplane. This proposed AD (516) 794–5531. Before using any approved would revise the applicability to clarify We invite you to send any written AMOC on any airplane to which the AMOC the identity of the affected airplanes. relevant data, views, or arguments about applies, notify your appropriate principal This proposed AD results from fuel this proposed AD. Send your comments inspector (PI) in the FAA Flight Standards to an address listed under the District Office (FSDO), or lacking a PI, your system reviews conducted by the manufacturer. We are proposing this AD ADDRESSES section. Include ‘‘Docket No. local FSDO. FAA–2007–0186; Directorate Identifier (2) Airworthy Product: For any to reduce the potential of ignition requirement in this AD to obtain corrective sources inside fuel tanks in the event of 2007–NM–226–AD’’ at the beginning of actions from a manufacturer or other source, a severe lightning strike, which, in your comments. We specifically invite use these actions if they are FAA-approved. combination with flammable fuel comments on the overall regulatory, Corrective actions are considered FAA- vapors, could result in fuel tank economic, environmental, and energy approved if they are approved by the State explosions and consequent loss of the aspects of this proposed AD. We will of Design Authority (or their delegated airplane. consider all comments received by the agent). You are required to assure the product closing date and may amend this is airworthy before it is returned to service. DATES: We must receive comments on proposed AD because of those (3) Reporting Requirements: For any this proposed AD by December 28, comments. reporting requirement in this AD, under the 2007. We will post all comments we provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) ADDRESSES: You may send comments by receive, without change, to http:// any of the following methods: www.regulations.gov, including any has approved the information collection • requirements and has assigned OMB Control Federal eRulemaking Portal: Go to personal information you provide. We Number 2120–0056. http://www.regulations.gov. Follow the will also post a report summarizing each instructions for submitting comments. substantive verbal contact we receive Related Information • Fax: 202–493–2251. about this proposed AD. (h) Refer to MCAI Canadian Airworthiness • Mail: U.S. Department of Directive CF–2007–18, dated September 4, Transportation, Docket Operations, M– Discussion 2007, and Bombardier Service Bulletin 601R– 30, West Building Ground Floor, Room On July 21, 2006, we issued AD 2006– 28–057, dated December 4, 2003, for related W12–140, 1200 New Jersey Avenue, SE., 16–03, amendment 39–14703 (71 FR information. Washington, DC 20590. 43962, August 3, 2006), for certain Issued in Renton, Washington, on • Hand Delivery: U.S. Department of McDonnell Douglas Model DC–10–10, November 5, 2007. Transportation, Docket Operations, DC–10–10F, DC–10–15, DC–10–30, DC– Ali Bahrami, M–30, West Building Ground Floor, 10–30F (KC–10A and KDC–10), DC–10– Manager, Transport Airplane Directorate, Room W12–140, 1200 New Jersey 40, and DC–10–40F airplanes. That AD Aircraft Certification Service. Avenue, SE., Washington, DC 20590, requires installing or replacing with [FR Doc. E7–22146 Filed 11–9–07; 8:45 am] between 9 a.m. and 5 p.m., Monday improved parts, as applicable, the BILLING CODE 4910–13–P through Friday, except Federal holidays. bonding straps between the metallic

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frame of the fillet and the wing leading actions of this proposed AD would add 3. Will not have a significant edge ribs, on both the left and right no additional economic burden to the economic impact, positive or negative, sides of the airplane. That AD resulted existing requirements of AD 2006–16– on a substantial number of small entities from fuel system reviews conducted by 03. The current costs for this AD are under the criteria of the Regulatory the manufacturer. We issued that AD to repeated for the convenience of affected Flexibility Act. reduce the potential of ignition sources operators, as follows: We prepared a regulatory evaluation inside fuel tanks in the event of a severe The required actions take between 9 of the estimated costs to comply with and 17 work hours per airplane, at an lightning strike, which, in combination this proposed AD and place it in the AD average labor rate of $80 per work hour. with flammable fuel vapors, could result docket. See the ADDRESSES section for a Required parts cost between $3,720 and in fuel tank explosions and consequent location to examine the regulatory $4,169 per airplane. Based on these loss of the airplane. evaluation. figures, the estimated cost of the AD is Actions Since Existing AD Was Issued between $4,440 and $5,529 per airplane, List of Subjects in 14 CFR Part 39 The applicability of AD 2006–16–03 or between $1,243,200 and $1,548,120 does not specifically identify Model for the U.S.-registered fleet. Air transportation, Aircraft, Aviation MD–10–10F and MD–10–30F airplanes safety, Safety. by model name. However, those Authority for This Rulemaking The Proposed Amendment airplanes (converted from Model DC–10 Title 49 of the United States Code series airplanes) are identified by specifies the FAA’s authority to issue Accordingly, under the authority manufacturer’s fuselage numbers in the rules on aviation safety. Subtitle I, delegated to me by the Administrator, effectivity listing of McDonnell Douglas Section 106, describes the authority of the FAA proposes to amend 14 CFR part DC–10 Service Bulletins 53–109, the FAA Administrator. Subtitle VII, 39 as follows: Revision 4, dated October 7, 1992; and Aviation Programs, describes in more 53–111, Revision 3, dated August 24, detail the scope of the Agency’s PART 39—AIRWORTHINESS 1992. And those service bulletins were authority. DIRECTIVES referenced in the applicability of AD We are issuing this rulemaking under 2006–16–03. the authority described in Subtitle VII, 1. The authority citation for part 39 We have been informed that Boeing is Part A, Subpart III, Section 44701, continues to read as follows: considering revising the service ‘‘General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. bulletins to, among other things, update section, Congress charges the FAA with the effectivity to clarify the identity of promoting safe flight of civil aircraft in § 39.13 [Amended] the affected airplanes. If the service air commerce by prescribing regulations bulletins are revised, we might consider for practices, methods, and procedures 2. The Federal Aviation approving each as a general alternative the Administrator finds necessary for Administration (FAA) amends § 39.13 method of compliance for the safety in air commerce. This regulation by removing amendment 39–14703 (71 requirements of AD 2006–16–03. is within the scope of that authority FR 43962, August 3, 2006) and adding because it addresses an unsafe condition the following new airworthiness FAA’s Determination and Requirements that is likely to exist or develop on directive (AD): of the Proposed AD products identified in this rulemaking McDonnell Douglas: Docket No. FAA–2007– We have evaluated all pertinent action. 0186; Directorate Identifier 2007–NM– information and identified an unsafe 226–AD. condition that is likely to exist or Regulatory Findings develop on other airplanes of this same We have determined that this Comments Due Date type design. For this reason, we are proposed AD would not have federalism (a) The FAA must receive comments on proposing this AD, which would revise implications under Executive Order this AD action by December 28, 2007. AD 2006–16–03 and retain its 13132. This proposed AD would not Affected ADs requirements. This proposed AD would have a substantial direct effect on the clarify the applicability by specifically States, on the relationship between the (b) This AD revises AD 2006–16–03. identifying McDonnell Douglas Model national Government and the States, or Applicability MD–10–10F and MD–10–30F airplanes on the distribution of power and (c) This AD applies to McDonnell Douglas (converted from Model DC–10 series responsibilities among the various Model DC–10–10, DC–10–10F, DC–10–15, airplanes) in addition to the airplane levels of government. DC–10–30, DC–10–30F (KC–10A and KDC– models already identified in the AD. For the reasons discussed above, I 10), DC–10–40, and DC–10–40F airplanes, certify that the proposed regulation: Costs of Compliance and MD–10–10F and MD–10–30F airplanes 1. Is not a ‘‘significant regulatory that have been converted from Model DC–10 There are about 457 airplanes of the action’’ under Executive Order 12866; series airplanes; certificated in any category; affected design in the worldwide fleet. 2. Is not a ‘‘significant rule’’ under the with manufacturer’s fuselage numbers as This proposed AD would affect about DOT Regulatory Policies and Procedures identified in the applicable service bulletin 280 airplanes of U.S. registry. The (44 FR 11034, February 26, 1979); and listed in Table 1 of this AD.

TABLE 1.—SERVICE BULLETINS

McDonnell Douglas DC–10 Service Bulletin— Revision— Dated— For airplanes with—

53–109 ...... 4 October 7, 1992 ...... Extended wing-to-fuselage fillets. 53–111 ...... 3 August 24, 1992 ...... Conventional wing-to-fuselage fillets.

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Unsafe Condition ACTION: Notice of proposed rulemaking in such manner as the Secretary shall by (d) This AD results from fuel system by cross-reference to temporary regulations prescribe. reviews conducted by the manufacturer. We regulations. Temporary regulations in this issue of are issuing this AD to reduce the potential of the Federal Register provide that the ignition sources inside fuel tanks in the event SUMMARY: Elsewhere in this issue of the Commissioner may prescribe the form of a severe lightning strike, which, in Federal Register, the IRS is issuing and manner of satisfying the reporting combination with flammable fuel vapors, temporary regulations concerning requirements imposed by section 6039I. could result in fuel tank explosions and information reporting on employer- The preamble to the temporary consequent loss of the airplane. owned life insurance contracts under regulations explains the temporary Compliance section 6039I of the Internal Revenue regulations. Code (Code). The temporary regulations (e) You are responsible for having the Special Analyses actions required by this AD performed within generally apply to taxpayers that are the compliance times specified, unless the engaged in a trade or business and that It has been determined that this actions have already been done. are directly or indirectly a beneficiary of proposed regulation is not a significant regulatory action as defined in Installation or Replacement a life insurance contract covering the life of an insured who is an employee Executive Order 12866. Therefore, a (f) Within 7,500 flight hours or 60 months of the trade or business on the date the regulatory assessment is not required. It after September 7, 2006 (the effective date of has also been determined that section AD 2006–16–03), whichever occurs earlier: contract is issued. The text of those Install or replace with improved parts, as temporary regulations also serves as the 553(b) of the Administrative Procedure applicable, the bonding straps between the text of these proposed regulations. Act (5 U.S.C. chapter 5) does not apply metallic frame of the fillet and the wing DATES: Written or electronic comments to this regulation. leading edge ribs, on both the left and right and requests for a public hearing must The Regulatory Flexibility Act (5 sides of the airplane, in accordance with the be received by January 14, 2008. U.S.C. chapter 6) does not apply to this Accomplishment Instructions of the proposed regulation because the ADDRESSES: Send submissions to: applicable service bulletin identified in Table regulation does not impose a collection CC:PA:LPD:PR (REG–115910–07), room 1 of this AD. of information on small entities. Even 5203, Internal Revenue Service, PO Box though a substantial number of small Alternative Methods of Compliance 7604, Ben Franklin Station, Washington, businesses may be subject to the (AMOCs) DC 20044. Submissions may be hand- requirements of section 6039I, it is (g)(1) The Manager, Los Angeles Aircraft delivered Monday through Friday anticipated that whatever requirements Certification Office (ACO), FAA, has the between the hours of 8 a.m. and 4 p.m. the Commissioner may prescribe authority to approve AMOCs for this AD, if to CC:PA:LPD:PR (REG–115910–07), requested in accordance with the procedures pursuant to this regulation will not Courier’s Desk, Internal Revenue found in 14 CFR 39.19. impose a ‘‘significant economic impact’’ Service, 1111 Constitution Avenue, (2) To request a different method of because the information requested will NW., Washington, DC, or sent via the compliance or a different compliance time already be available to taxpayers and the Federal eRulemaking Portal at http:// for this AD, follow the procedures in 14 CFR burden of compliance will be minimal. 39.19. Before using any approved AMOC on www.regulations.gov (IRS REG–115910– Pursuant to section 7805(f) of the any airplane to which the AMOC applies, 07). Internal Revenue Code, this Regulation notify your appropriate principal inspector FOR FURTHER INFORMATION CONTACT: (PI) in the FAA Flight Standards District has been submitted to the Chief Counsel Office (FSDO), or lacking a PI, your local Concerning the regulations, Linda K. for Advocacy of the Small Business FSDO. Boyd, 202–622–3970; concerning Administration for comment on its (3) AMOCs approved previously in submissions and requests for a public impact on small business. accordance with AD 2006–16–03 are hearing, contact Kelly Banks, 202–622– approved as AMOCs for the corresponding 7180 (not toll-free numbers). Comments and Requests for a Public provisions of this AD. SUPPLEMENTARY INFORMATION: Hearing Before these proposed regulations are Issued in Renton, Washington, on Background and Explanation of November 5, 2007. adopted as final regulations, Provisions Ali Bahrami, consideration will be given to any Manager, Transport Airplane Directorate, The Pension Protection Act of 2006, written (a signed original and eight (8) Aircraft Certification Service. Public Law 109–280, 120 Stat. 780 copies) or electronic comments that are [FR Doc. E7–22090 Filed 11–9–07; 8:45 am] (2006), added sections 101(j) and 6039I submitted timely to the IRS. The IRS BILLING CODE 4910–13–P to the Internal Revenue Code and Treasury Department request concerning employer-owned life comments on the clarity of the proposed insurance contracts. rules and how they can be made easier Section 101(j)(1) provides that in the to understand. All comments will be DEPARTMENT OF THE TREASURY case of an employer-owned life available for public inspection and insurance contract, the amount of death copying. A public hearing will be Internal Revenue Service benefits excluded from gross income scheduled if requested in writing by any under section 101(a) shall not exceed an person that timely submits written 26 CFR Part 1 amount equal to the sum of the comments. If a public hearing is premiums and other amounts paid by scheduled, notice of the date, time, and [REG–115910–07] the policyholder for the contract. place for the public hearing will be Section 101(j)(2), however, sets forth published in the Federal Register. RIN 1545–BG58 exceptions to this rule for certain The IRS and Treasury Department are Information Reporting on Employer- contracts for which notice and consent aware that guidance may be needed Owned Life Insurance Contracts and other requirements are met. Section under section 101(j) and request 6039I requires information reporting comments on that provision as well. In AGENCY: Internal Revenue Service (IRS), with respect to certain employer-owned particular, comments are requested on Treasury. life insurance contracts at such time and the need for guidance concerning (1)

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determination of the status of insured DEPARTMENT OF HOMELAND to know they reached us, please enclose individuals as ‘‘highly compensated SECURITY a stamped, self-addressed postcard or employees’’ or ‘‘highly compensated envelope. We will consider all individuals’’; (2) requirements a Coast Guard comments and material received during taxpayer must meet to satisfy the notice the comment period. We may change and consent requirements of section 33 CFR Part 100 this proposed rule in view of them. 101(j)(4); and (3) the consequences of a [Docket No. CGD07–07–102] Public Meeting section 1035 exchange of an employer- RIN 1625–AA08 We do not now plan to hold a public owned life insurance contract. The IRS meeting. But you may submit a request and Treasury Department anticipate that Special Local Regulations; Recurring for a meeting by writing to the U.S. future guidance, if any, under section Marine Events in the Seventh Coast Coast Guard District Seven Prevention 101(j) will not be applied retroactively Guard District Division at the address under to the detriment of taxpayers who make ADDRESSES explaining why one would a good faith effort to comply with AGENCY: Coast Guard, DHS. be beneficial. If we determine that one section 101(j) based on a reasonable ACTION: Notice of proposed rulemaking. would aid this rulemaking, we will hold interpretation of that provision. one at a time and place announced by SUMMARY: The Coast Guard proposes to a later notice in the Federal Register. Drafting Information create special local regulations to regulate recurring marine events in the Background and Purpose The principal author of these Seventh Coast Guard District. These Marine events are frequently held on regulations is Linda K. Boyd, Office of regulations will apply to all permitted the navigable waters within the Associate Chief Counsel (Financial events listed on the table attached to the boundary of the Seventh Coast Guard Institutions & Products). However, other regulation, and include events such as District. These include events such as personnel from the IRS and Treasury regattas, parades, and fireworks sailing regattas, holiday parades, and Department participated in their displays. These regulations are being fireworks displays. Currently, there are development. proposed to reduce the Coast Guard’s over 250 annually recurring marine List of Subjects in 26 CFR Part 1 administrative workload and expedite events and many other non-recurring public notification of events. events within the district. In the past, Income taxes, Reporting and DATES: Comments and related material the Coast Guard regulated these events recordkeeping requirements. must reach the Coast Guard on or before by creating individual special local December 13, 2007. regulations on a case by case basis. Most Proposed Amendments to the of these events required only the Regulations ADDRESSES: You may mail comments and related material to Commander, establishment of a regulated area and assignment of a patrol commander to Accordingly, 26 CFR part 1 is U.S. Coast Guard Seventh District (dpi), ensure safety. Issuing individual, annual proposed to be amended as follows: 909 SE 1st Ave, Miami, FL 33131–3050. The Seventh District Prevention special local regulations has created a PART 1—INCOME TAXES Division maintains the public docket for significant administrative burden on the this rulemaking. Comments and Coast Guard. In 2005, the Coast Guard Paragraph 1. The authority citation material received from the public, as created over 60 temporary regulations for part 1 is amended by adding an entry well as documents indicated in this for marine events in the Seventh in numerical order to read in part as preamble as being available in the District. That number rose to over 110 follows: docket, will become part of this docket in 2006 and is expected to rise even and will be available for inspection or higher in 2007. Authority: 26 U.S.C. 7805 * * * copying at the Brickell Plaza Federal Additionally, for the majority of these Section 1.6039I–1 also issued under 26 events, the Coast Guard does not receive U.S.C. 6039I. * * * Building, Miami, FL, between 8 a.m. and 3:30 p.m., Monday through Friday, notification of the event, or important except Federal holidays. details of the event are not finalized by Par. 2. Section 1.6039I–1 is added to event organizers, with sufficient time to read as follows: FOR FURTHER INFORMATION CONTACT: LT publish a notice of proposed rulemaking Clint Smith, U.S. Coast Guard District and final rule before the event date. The § 1. 6039I–1 Reporting of certain employer- Seven Prevention Division, (305) 415– owned life insurance contracts. Coast Guard must therefore create 6860. temporary final rules that sometimes are [The text of this proposed section is SUPPLEMENTARY INFORMATION: not completed until only days before the the same as the text of § 1.6039I–1T event. This results in delayed Request for Comments published elsewhere in this issue of the notification to the public, potentially Federal Register]. We encourage you to participate in placing the public and event this rulemaking by submitting participants at risk. Linda E. Stiff, comments and related material. If you This proposed rule will significantly Deputy Commissioner for Services and do so, please include your name and relieve the administrative burden on the Enforcement. address, identify the docket number for Coast Guard, and at the same time allow [FR Doc. E7–22136 Filed 11–9–07; 8:45 am] this rulemaking CGD07–07–102, the sponsor of the event and the Coast BILLING CODE 4830–01–P indicate the specific section of this Guard to notify the public of these document to which each comment events in a timely manner. The public applies, and give the reason for each will be provided with notice of events comment. Please submit all comments through the table attached to this and related material in an unbound regulation. This table lists each format, no larger than 81⁄2 by 11 inches, recurring event that may be regulated by suitable for copying. If you would like the Coast Guard, and indicates the

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sponsor, as well as the date and location Regulatory Evaluation they can better evaluate its effects on of the event. Because the dates and This proposed rule is not a them and participate in the rulemaking. location of these events may change ‘‘significant regulatory action’’ under If the rule would affect your small slightly from year to year, the specific section 3(f) of Executive Order 12866, business, organization, or governmental information on each event, including Regulatory Planning and Review, and jurisdiction and you have questions the exact dates, specific areas, and does not require an assessment of concerning its provisions or options for description of the regulated area, will be potential costs and benefits under compliance, please contact the person provided to the public through a Local section 6(a)(3) of that Order. The Office listed under FOR FURTHER INFORMATION Notice to Mariners published before the of Management and Budget has not CONTACT. The Coast Guard will not event, as well as through Broadcast reviewed it under that Order. retaliate against small entities that Notice to Mariners. This table will be We expect the economic impact of question or complain about this rule or updated by the Coast Guard periodically this proposed rule to be so minimal that any policy or action of the Coast Guard. to add new recurring events, remove a full Regulatory Evaluation is Collection of Information events that no longer occur, and update unnecessary. listed events to ensure accurate This proposed rule would call for no information is provided. Small Entities new collection of information under the Paperwork Reduction Act of 1995 (44 Discussion of Proposed Rule Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered U.S.C. 3501–3520.). This proposed rule will apply to each whether this proposed rule would have Federalism event listed in the attached table to this a significant economic impact on a A rule has implications for federalism rule. Events listed in the table are events substantial number of small entities. under Executive Order 13132, that recur annually in the Seventh Coast The term ‘‘small entities’’ comprises Federalism, if it has a substantial direct Guard District. The table provides the small businesses, not-for-profit effect on State or local governments and event name and sponsor, as well as an organizations that are independently would either preempt State law or approximate date and location of the owned and operated and are not impose a substantial direct cost of event. The specific date and regulated dominant in their fields, and compliance on them. We have analyzed area for each event will be provided in governmental jurisdictions with this proposed rule under that Order and a Local Notice to Mariners and populations of less than 50,000. have determined that it does not have Broadcast Notice to Mariners prior to The Coast Guard certifies under 5 implications for federalism. each event. Some events listed in the U.S.C. 605(b) that this proposed rule table currently have permanent would not have a significant economic Unfunded Mandates Reform Act regulations published in 33 CFR part impact on a substantial number of small The Unfunded Mandates Reform Act 100, and these regulations will be entities. This proposed rule would affect of 1995 (2 U.S.C. 1531–1538) requires removed. the following entities, some of which Federal agencies to assess the effects of might be small entities: The owners or For each event listed in the table, an their discretionary regulatory actions. In operators of vessels intending to transit particular, the Act addresses actions event patrol, with a Patrol Commander or anchor in the areas where marine in charge may be assigned. The Patrol that may result in the expenditure by a events are being held. This proposed State, local, or tribal government, in the Commander may control the movement regulation will not have a significant of all vessels in the regulated area(s). aggregate, or by the private sector of impact on a substantial number of small $100,000,000 or more in any one year. When hailed or signaled by an official entities because it will only be enforced patrol vessel, a vessel in these areas Though this proposed rule would not on marine events that have been result in such an expenditure, we do shall immediately comply with the permitted by the Coast Guard Captain of directions given. Failure to do so may discuss the effects of this rule elsewhere the Port. The Captain of the Port will in this preamble. result in expulsion from the area, ensure that small entities are able to citation for failure to comply, or both. operate in the areas where events are Taking of Private Property The Coast Guard Patrol Commander occurring. Additionally, in most cases, may terminate the event, or the This proposed rule would not effect a vessels will be able to safety transit taking of private property or otherwise operation of any vessel participating in around the regulated area at all times, the event, at any time it is deemed have taking implications under and, with the permission of the Patrol Executive Order 12630, Governmental necessary for the protection of life or Commander, vessels may transit property. Actions and Interference with through the regulated area. Constitutionally Protected Property Only event sponsors, designated If you think that your business, Rights. participants, and official patrol vessels organization, or governmental are allowed to enter a regulated area. All jurisdiction qualifies as a small entity Civil Justice Reform persons and vessels not registered with and that this rule would have a This proposed rule meets applicable the event sponsor as participants or significant economic impact on it, standards in sections 3(a) and 3(b)(2) of official patrol vessels are considered please submit a comment (see Executive Order 12988, Civil Justice spectators. Spectators may not enter the ADDRESSES) explaining why you think it Reform, to minimize litigation, regulated area and may be confined to qualifies and how and to what degree eliminate ambiguity, and reduce a designated spectator area to view the this rule would economically affect it. burden. event. Spectators may contact the Coast Guard Patrol Commander to request Assistance for Small Entities Protection of Children permission to pass through the Under section 213(a) of the Small We have analyzed this proposed rule regulated area. If permission is granted, Business Regulatory Enforcement under Executive Order 13045, spectators must pass directly through Fairness Act of 1996 (Pub. L. 104–121), Protection of Children from the regulated area at safe speed and we want to assist small entities in Environmental Health Risks and Safety without loitering. understanding this proposed rule so that Risks. This rule is not an economically

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significant rule and would not create an (NEPA)(42 U.S.C. 4321–4370f), and Patrol Commander. A Patrol environmental risk to health or risk to have made a preliminary determination Commander is a commissioned, safety that might disproportionately that there are no factors in this case that warrant, or petty officer of the Coast affect children. would limit the use of a categorical Guard who has been designated by the exclusion under section 2.B.2 of the respective Coast Guard Sector Indian Tribal Governments Instruction. Therefore, we believe that Commander to enforce these This proposed rule does not have this rule should be categorically regulations. tribal implications under Executive excluded, under figure 2–1, paragraph Spectators. All persons and vessels Order 13175, Consultation and (34)(h), of the Instruction, from further not registered with the event sponsor as Coordination with Indian Tribal environmental documentation. This participants or official patrol vessels. Governments, because it would not have proposed rule fits the category of (b) Event Patrol. The Coast Guard may a substantial direct effect on one or paragraph 34(h) because it proposes to assign an event patrol, as described in more Indian tribes, on the relationship create special local regulations for § 100.40 of this part, to each regulated between the Federal Government and regattas and marine parades. event listed in the table. Additionally, a Indian tribes, or on the distribution of Under figure 2–1, paragraph (34)(h), Patrol Commander may be assigned to power and responsibilities between the of the Instruction, an ‘‘Environmental oversee the patrol. The event patrol and Federal Government and Indian tribes. Analysis Check List’’ is not required for Patrol Commander may be contacted on Energy Effects this rule. Comments on this section will VHF Channel 16. be considered before we make the final (c) Special Local Regulations. (1) The We have analyzed this proposed rule decision on whether to categorically Coast Guard Patrol Commander may under Executive Order 13211, Actions exclude this rule from further forbid and control the movement of all Concerning Regulations That environmental review. vessels in the regulated area(s). When Significantly Affect Energy Supply, hailed or signaled by an official patrol Distribution, or Use. We have List of Subjects in 33 CFR Part 100 vessel, a vessel in these areas shall determined that it is not a ‘‘significant Marine safety, Navigation (water), immediately comply with the directions energy action’’ under that order because Reporting and recordkeeping given. Failure to do so may result in it is not a ‘‘significant regulatory action’’ requirements, Waterways. expulsion from the area, citation for under Executive Order 12866 and is not For the reasons discussed in the failure to comply, or both. likely to have a significant adverse effect preamble, the Coast Guard proposes to (2) The Coast Guard Patrol on the supply, distribution, or use of amend 33 CFR part 100 as follows: Commander may terminate the event, or energy. The Administrator of the Office the operation of any vessel participating of Information and Regulatory Affairs PART 100—REGATTAS AND MARINE in the event, at any time it is deemed has not designated it as a significant PARADES necessary for the protection of life or energy action. Therefore, it does not property. require a Statement of Energy Effects 1. The authority citation for part 100 (3) Only event sponsor designated under Executive Order 13211. continues to read as follows: participants and official patrol vessels Technical Standards Authority: 33 U.S.C. 1233. are allowed to enter the regulated area. (4) Spectators are only allowed inside The National Technology Transfer §§ 100.709, 100.710, 100.714, 100.715, the regulated area if they remain within and Advancement Act (NTTAA) (15 100.716, 100.721, 100.722, 100.723, 100.730, a designated spectator area. Spectators U.S.C. 272 note) directs agencies to use 100.731, 100.733, and 100.735 [Removed] may contact the Coast Guard Patrol voluntary consensus standards in their 2. Remove the following sections from Commander to request permission to regulatory activities unless the agency this part: §§ 100.709, 100.710, 100.714, pass through the regulated area. If provides Congress, through the Office of 100.715, 100.716, 100.721, 100.722, permission is granted, spectators must Management and Budget, with an 100.723, 100.730, 100.731, 100.733, and pass directly through the regulated area explanation of why using these 100.735. at safe speed and without loitering. standards would be inconsistent with 3. Add a new § 100.701 to read as (d) Contact Information. Questions applicable law or otherwise impractical. follows: about marine events should be Voluntary consensus standards are addressed to the local Coast Guard technical standards (e.g., specifications § 100.701 Special Local Regulations; Captain of the Port for the area in which of materials, performance, design, or Marine Events in the Seventh Coast Guard District. the event is occurring. Contact operation; test methods; sampling information is listed below. For a procedures; and related management The following regulations apply to the description of the geographical area of systems practices) that are developed or marine events listed in Table 1 of this each Captain of the Port zone, please see adopted by voluntary consensus section. These regulations will be subpart 3.35 of this chapter. standards bodies. effective annually, for the duration of (1) Captain of the Port Charleston, This proposed rule does not use each event listed in Table 1. Annual South Carolina: (843) 724–7616. technical standards. Therefore, we did notice of the exact dates and times of (2) Captain of the Port Savannah, not consider the use of voluntary the effective period of the regulation Georgia: (912) 652–4353. consensus standards. with respect to each event, the (3) Captain of the Port Jacksonville, geographical area, and details Florida: (904) 247–7318. Environment concerning the nature of the event and (4) Captain of the Port Miami, Florida: We have analyzed this proposed rule the number of participants and type(s) (305) 535–8701. under Commandant Instruction of vessels involved will also be (5) Captain of the Port Key West, M16475.lD and Department of published in local notices to mariners Florida: (305) 292–8779. Homeland Security Management and/or a Notice of Enforcement in the (6) Captain of the Port Sector St. Directive 5100.1, which guide the Coast Federal Register. Petersburg, Florida: (727) 824–7506. Guard in complying with the National (a) Definitions. The following (7) Captain of the Port San Juan, Environmental Policy Act of 1969 definitions apply to this section: Puerto Rico: (787) 289–2041.

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(e) Application for Marine Events. The Table 1. For information on applying for will occur, at the phone numbers listed application requirements of § 100.15 of a marine event, contact the Captain of above. this part apply to all events listed in the Port for the area in which the event

TABLE 1 TO § 100.701

Date Event Sponsor Location

COTP Zone Miami

January—1st weekend ...... Levin Memorial Regatta .... Biscayne Bay Star Fleet .... Biscayne Bay, 2.3 nautical miles offshore from the Coral Bay, Florida; all waters from the surface to the bottom for a radius of 1.7NM centered around posi- tion 25°39′6″N, 080°13′30″W no closer than 500 feet from each vessel. January—1st weekend ...... Fort Lauderdale Boo- Lauderdale Yacht Club ...... Atlantic Ocean .5 nautical mile offshore from .5 nau- merang Regatta. tical mile south of the Port Everglades Channel to 4 nautical miles south of the Port Everglades offshore of West Lake, Port Everglades, Florida no closer than 500 feet from each vessel. January—3rd weekend ...... Rolex Miami Olympic Sail- U.S. Sailing & U.S. Olym- Southern Biscayne Bay inside of an area from the ing Race. pic Sailing Center. Rickenbacker Causeway southwest to Snapper Creek Canal south to Latitude 25°32′00″N east to Soldier Key and northeast to a position approxi- mately 1 nautical mile east of Cape Florida, north- west to Rickenbacker Causeway, Miami, Florida no closer than 500 feet from each vessel. February—1st weekend ...... Commodore Rasco Snipe Coconut Grove Sailing Biscayne Bay, 1 mile offshore from the Coconut Grove Class Regatta. Club. Sailing Club, Coconut Grove, Florida; all waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″N, 080°13′00″W no closer than 500 feet from each vessel. March—1st week, Monday– Bacardi Cup ...... Biscayne Bay Star Fleet .... All waters within 1.5 nautical miles of the following Friday. center point: 25°38′16″N latitude; 080°13′14″W lon- gitude, in southern Biscayne Bay, Miami, Florida. March—2nd weekend, Sat- Lightenings Midwinter’s ..... Coral Reef Yacht Club ...... Biscayne Bay, 2.3 nautical miles offshore from the urday and Sunday. Coral Bay, Florida; all waters from the surface to the bottom for a radius of 1.7NM centered around posi- tion 25°39′6″N, 080°13′5″ W no closer than 500 feet from each vessel. March—2nd weekend ...... Don Q Rum Snipe Class Coconut Grove Sailing Biscayne Bay, 1 mile offshore from the Coconut Grove Regatta. Club. Sailing Club, Coconut Grove, Florida; all waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″N, 080°13′00″W no closer than 500 feet from each vessel. March—2nd weekend, Sat- Coral Cup ...... Coconut Grove Sailing Biscayne Bay, 1 mile offshore from the Coconut Grove urday and Sunday. Club. Sailing Club, Coconut Grove, Florida; all waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″N, 080°13′00″W. March—last weekend ...... Shake-A-Leg Mid Winter Shake-A-Leg Foundation .. All waters of Biscayne Bay, from the Rickenbacker Regatta. Causeway south to Latitude 25°32′00″N, Miami, Florida no closer than 500 ft from each vessel. April—2nd or 3rd weekend .. Miami to Key Largo Race Miami Yacht Club Youth Biscayne Bay and Intracoastal Waterway from the Sailing Foundation. Rickenbacker Causeway in Miami, Florida to Key Biscayne to Cape Florida to Soldier Key to Sands Key to Elliot Key to Two Stacks to Card Sound to Barnes Sound to Blackwater Sound in Key Largo, Florida no closer than 500 feet from each vessel. April—2nd weekend ...... Florida State Optimists Coconut Grove Sailing Biscayne Bay, 1 mile offshore from the Coconut Grove Championship Regatta. Club. Sailing Club, Coconut Grove, Florida; all waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″N, 080°13′00″W. April—2nd weekend, Satur- Fort Lauderdale Air/Sea Super Boat International Atlantic Ocean offshore Fort Lauderdale, Florida within day and Sunday. Show Super Boat Grand Productions, Inc. an area 500 yards wide 300 yards offshore from Prix. 1,500 yards north of the Port Everglades Channel north for 4 nautical miles (600 yards north of the Oakland Park Beach Blvd). April—3rd weekend ...... Miami Super Boat Grand Super Boat International Offshore Miami Beach, Florida, including the area Prix. Productions, Inc. within a line joining the following points: 25°46′18″N, 080°07′51″W; thence to, 25°46′18″N, 080°06′49″W; thence to, 25°51′18″N, 080°06′12″W; thence to, 25°51′18″N, 080°07′11″W; thence along the shore- line to the starting point.

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TABLE 1 TO § 100.701—Continued

Date Event Sponsor Location

April—last Saturday ...... Sunfest Fireworks ...... Pyro Shows, Inc ...... Intracoastal Waterway in West Palm Beach between Banyon St and Lakeview; all waters from the sur- face to the bottom for a radius of 1000 ft centered around position 26°42′34″N, 080°02′47″W. April—last weekend ...... Vero Beach Yacht Club Blessing of the Fleet ...... North Fork and St Lucie River, Florida no closer than Blessing of the Fleet. 500 feet from each vessel. April, May, and June—1st Hollywood Super Boat Super Boat International Atlantic Ocean offshore Hallandale Beach, Florida in weekend. Grand Prix. Productions, Inc. an area 400 yards wide approximately 200 yards offshore from the Hallandale Beach tank to approxi- mately 1 nautical mile south of the Dania Town Canal. May—1st weekend ...... C-Gull Cup ...... Coconut Grove Sailing Biscayne Bay, 1 mile offshore from the Coconut Grove Club. Sailing Club, Coconut Grove, Florida; all waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″N, 080°13′00″W. May—1st weekend ...... Fort Lauderdale Air & Sea Fort Lauderdale Parks and Atlantic Ocean offshore Fort Lauderdale, Florida within Show. Recreation. an area 500 yards wide 300 yards offshore from 1,500 yards north of the Port Everglades Channel north for 4 nautical miles (600 yards north of the Oakland Park Beach Blvd). May—3rd weekend ...... Pompano Beach Power Pompano Beach Power 14th St Bridge to Sunrise Bay, Florida. Squadron Safe Boat Pa- Squadron. rade. May—last weekend ...... Goombay Regatta ...... Coconut Grove Sailing Biscayne Bay, 1 mile offshore from the Coconut Grove Club. Sailing Club, Coconut Grove, Florida; all waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″N, 080°13′8″W no closer than 500 feet from each vessel. July 4th ...... American Legion Fourth of Add-Fire Fireworks, Inc ..... Biscayne Bay, approx 400 ft offshore of Legion Picnic July. Island, Miami, Florida in approx position 25°50′02″N, 080°10′24″W. July 4th ...... Fort Lauderdale Fourth of Colonial Fireworks ...... 1⁄2 NM offshore at Las Olas Blvd., Fort Lauderdale, July. Florida. July 4th ...... Fort Lauderdale Yacht Colonial Fireworks ...... Intracoastal Waterway in front of the Fort Lauderdale Club Fourth of July. Yacht Club, Fort Lauderdale, Florida. July 4th ...... City of Stuart Fourth of Creative Fireworks Co ...... Intracoastal Waterway in front of Stuart City Hall, Stu- July. art, Florida. July 4th ...... Bayfront Park Fourth of Firepower Displays ...... All waters within a 1680 foot radius around approxi- July. mate position 25°46′30″N, 080°10′54″W, in Bis- cayne Bay, FL. July 4th ...... Coral Reef Yacht Club Firepower Displays ...... 700 ft offshore from Vizcaya in Biscayne Bay, Miami, Fourth of July. Florida. July 4th ...... Fisher’s Island Fourth of Firepower Displays ...... Offshore 840 ft from Fisher Island, Florida. July. July 4th ...... Miami Beach Fourth of Firepower Displays ...... 840 ft offshore from Atlantic Heights, Miami Beach, July. Florida. July 4th ...... Village of Key Biscayne Firepower Displays ...... 1500 ft offshore from Key Biscayne in Biscayne Bay, Fourth of July. Miami, Florida. July 4th ...... Viscayans Fourth of July ... Firepower Displays ...... 700 ft offshore from Viscaya in Biscayne Bay, Miami, Florida. July 4th ...... Delray Beach Fourth of Fireworks by Grucci, Inc ... Atlantic Ocean, 1,000 ft offshore from Delray Beach, July. Florida; all waters from the surface to the bottom for a radius of 840 feet centered around position 26°27′41″N, 080°03′11″W. July 4th ...... Boynton Beach Fourth of Melrose South Pyrotech- All waters from the surface to the bottom, for 840 ft July. nics. out in all directions from approximate position 26°32′52″N, 080°02′54″W. July 4th ...... City of Hollywood Fourth of Melrose South Pyrotech- Atlantic Ocean, 1,000 ft offshore from Hollywood, Flor- July. nics. ida; all waters from the surface to the bottom for a radius of 840 feet centered around position 26°01′19″N, 080°06′39″W. July 4th ...... Riviera Beach Fourth of Sparktacular Fireworks ...... All waters within a 1400 foot diameter around approxi- July. mate position 26°42′26″N, 080°02′28″W. July 4th ...... Town of Lantana Fourth of Zambelli Fireworks ...... All waters within an 840 foot diameter in approximate July. position 26°35′13″N, 080°02′50″W. July 4th ...... West Palm Beach Fourth Zambelli Fireworks ...... All waters within a 1400 foot diameter of approximate of July. position 26°42′26″N, 080°02′28″W.

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TABLE 1 TO § 100.701—Continued

Date Event Sponsor Location

July—1st weekend ...... Commodore’s Cup Regatta Coconut Grove Sailing Biscayne Bay, 1 mile offshore from the Coconut Grove Club. Sailing Club, Coconut Grove, Florida; all waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″N, 080°13′00″W no closer than 500 feet from each vessel. July—2nd weekend ...... Dania Beach / Hollywood Super Boat International Waters offshore of Hollywood Beach within an area lo- Super Boat Race. Productions, Inc. cated 300 yards offshore from North Lake north to Dania Cutoff Canal going offshore aproximately 650 yards. August—3rd weekend ...... Conch Cup Regatta ...... Miami Yacht Club ...... Biscayne Bay from the Rickenbacker Causeway south in the Intracoastal Waterway to the Cape Florida Channel, east around Key Biscayne and north to the Miami Channel entrance, Miami, Florida no clos- er than 500 feet from each vessel. October—1st weekend ...... Columbus Day Regatta ..... Columbus Day Regatta, Southern Biscayne Bay inside of an area from 1 nau- Inc. tical mile south of the Rickenbacker Causeway and 1 nautical mile east of Deering Channel southwest to Snapper Creek Canal south to a point half be- tween Soldier Key and Lewis Cut west to the chain of islands south of Soldier Key and north to 1 nau- tical mile south of Rickenbacker Causeway, Miami, Florida October—1st weekend ...... Deerfield Beach Super Super Boat International Atlantic Ocean within an area 500 yards wide approxi- Boat National Champion- Productions, Inc. mately 500 yards offshore Deerfield Beach, FL from ship. 2 miles north of Hillsboro Inlet to .5 mile south of Boca Raton Inlet. October—2nd weekend ...... Miami Kayak Challenge .... Cystic Fibrosis Foundation All waters of Biscayne Bay from Lummus Island Cut to the Rickenbacker Causeway, Miami, Florida. November—2nd weekend, Keely Perpetual Trophy Biscayne Bay Yacht Club .. Biscayne Bay within an area from the Dinner Key Saturday and Sunday. Regatta. Channel to Biscayne National Park Marker ‘‘B’’ to Cutter Channel Mark ‘‘2’’ to Biscayne National Park Marker ‘‘C’’ to West Featherbead Bank Channel Marker ‘‘3’’ to West Featherbed Bank Channel Marker ‘‘5’’ to Elliot Key Biscayne National Park An- chorage, Miami, Florida no closer than 500 feet from each vessel. November—2nd or 3rd Matheson Perpetual Tro- Biscayne Bay Yacht Club .. Biscayne Bay within an area from the Dinner Key weekend. phy Regatta. Channel to Biscayne National Park Marker ‘‘B’’ to Cutter Channel Mark ‘‘2’’ to Biscayne National Park Marker ‘‘C’’ to West Featherbead Bank Channel Marker ‘‘3’’ to West Featherbed Bank Channel Marker ‘‘5’’ to Elliot Key Biscayne National Park An- chorage, Miami, Florida no closer than 500 feet from each vessel. November—2nd weekend ... PHRF SE Florida Cham- Coconut Grove Sailing Biscayne Bay, 2.3 nautical miles offshore from the pionship. Club. Coral Bay, Florida; all waters from the surface to the bottom for a radius of 1.7NM centered around posi- tion 25°39′6″;N, 080°13′30″W no closer than 500 feet from each vessel. November—2nd weekend ... Viscayan’s Ball...... Firepower Displays...... 1200 ft offshore from Virginia Key, South of Seaquarium, Miami, Florida. December 31st ...... Bayside New Years ...... Add-Fire Fireworks, Inc ..... All waters within a 1680 foot radius around a barge in position 25°46′30″N, 080°10′54″W. December 31st ...... Fisher Island New Years ... Add-Fire Fireworks, Inc ..... 1000 ft offshore east of Fisher Island, Florida. December 31st ...... Hillsboro New Years Fire- Add-Fire Fireworks, Inc ..... 100 yds north of Hillsboro Inlet, Florida. works. December 31st ...... Indian Riverside Park New Add-Fire Fireworks, Inc ..... 1200 ft east of Indian Riverside Park, Jensen Beach, Years. Florida. December 31st ...... Greater Miami New Years Firepower Displays ...... 1200 ft offshore from Bayfront Park, Miami Harbor, Miami, Florida. December 31st ...... Viscayan’s New Years ...... Firepower Displays ...... 840 ft offshore from Viscaya, Miami, Florida. December—3rd weekend .... Pompano Beach Boat Pa- Pompano Beach Boat Pa- Intracoastal Waterway in Pompano Beach, Florida, rade. rade Committee. from Lake Santa Barbara to Hillsboro Blvd Bridge. December—1st weekend .... Commodore’s Cup ...... Biscayne Bay Star Fleet .... Biscayne Bay, 2.3 nautical miles offshore from the Coral Bay, Florida; all waters from the surface to the bottom for a radius of 1.7NM centered around posi- tion 25°39′6″N, 080°13′30″W no closer than 500 feet from each vessel. December—1st weekend .... Kiwanis of Little Havana Firepower Displays...... 1200 ft offshore from Virginia Key, south of Christmas. Seaquarium, Miami, Florida.

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TABLE 1 TO § 100.701—Continued

Date Event Sponsor Location

December—1st weekend .... Holiday Boat Parade of the Marine Industrial Associa- Port of Palm Beach Turning Basin and the Intracoastal Palm Beaches. tion of Palm Beach Waterway extending south from Lake Worth South County. LT 1 (LLNR 42170) to Lake Worth South Daybeacon 23 (LLNR 42300). December—1st weekend .... Martin County Christmas Marine Industries Associa- All waters of the North and South Forks of the St Boat Parade. tion. Lucie River in Stuart, Florida, starting on the north side of the State Road 60 Bridge going south to Hutchinson Island and circling back north to the State Road 60 Bridge and ending past the City of Stuart Municipal Marina. December—2nd or 3rd Seminole Hard Rock Winterfest, Inc ...... All waters of the Intracoastal Waterway from the Port weekend. Winterfest Boat Parade. Everglades turning basin to the Pompano Beach Daybeacon 74 (LLNR 47230). December—2nd weekend ... Piana Cup Regatta ...... Biscayne Bay Yacht Club .. Biscayne Bay, 2.3 nautical miles offshore from the Matheson Hammock County Park, Florida; all wa- ters from the surface to the bottom for a radius of 1.5NM centered around position 25°39′54″N, 080°13′12″W no closer than 500 feet from each vessel. December—2nd weekend ... Boynton/Delray Beach Kiwanis Club Delray Beach Intracoastal Waterway from marker #46 in Boynton Christmas Boat Parade. Beach, Florida to C–15 Canal in Delray Beach, Flor- ida. December—2nd weekend ... St Lucie Christmas Boat Marine Industrial Associa- All waters of the Intracoastal Waterway and Taylor Parade. tion. Creek in Fort Pierce, Florida, starting in the Fort Pierce turning basin and inlet area going to Taylor Creek and the Intracoastal Waterway between the North Causeway Bridge and the South Causeway Bridge. December—2nd weekend ... Miami Outboard Club Miami Outboard Club ...... Biscayne Bay from the Miami Outboard Club on Wat- Christmas Boat Parade. son Island starting from in between the MacArthur Causeway and Palm Island heading west around Palm Island and Hibiscus Island, heading east be- tween Di Lido Island, heading east around the monument, south through Meloy Channel, west in Government Cut to Bicentennial Park, south to the Dodge Island Bridge, south in the Intracoastal Wa- terway to Claughton Island, circling back to the north in the Intracoastal Waterway to Watson Island, around the island on the north side to Miami Out- board Club no closer than 500 feet from each ves- sel. December—2nd weekend ... Boca Raton Holiday Boat City of Boca Raton ...... Moving zone in New River and Intracoastal Waterway, Parade. Fort Lauderdale, Florida; from the C15 Canal in Fort Lauderdale to Hillsboro Inlet with 500 feet ahead of the lead parade vessel and 500 feet astern of the last participating parade vessel or within 50 feet on either side of the parade. December—4th weekend .... Orange Bowl Youth Sailing Coral Reef Yacht Club ...... Southern Biscayne Bay inside of an area from the Regatta. Rickenbacker Causeway southwest to Snapper Creek Canal south to latitude 25°32′N east to Sol- dier Key and northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 ft from each ves- sel. December—last weekend ... Coconut Grove Sailing Coconut Grove Sailing Southern Biscayne Bay inside of an area from the Club Orange Bowl Re- Club. Rickenbacker Causeway southwest to Snapper gatta. Creek Canal south to latitude 25°32′N east to Sol- dier Key and northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 ft from each ves- sel. Monthly—last weekend, Sat- Biscayne Bay Racing As- Biscayne Bay Yacht Rac- Southern Biscayne Bay inside of an area from the urday and Sunday. sociation Full Moon Re- ing Association. Rickenbacker Causeway southwest to Snapper gatta. Creek Canal south to latitude 25°32′00″N east to Soldier Key and northwest to Rickenbacker Cause- way, Miami, Florida no closer than 500 ft from each vessel.

COTP Zone Key West

January 1st ...... Blessing of the Fleet ...... Islamorada Charter Boat From Whale Harbor Channel to Whale Harbor Bridge, Assn. Islamorada, Florida.

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TABLE 1 TO § 100.701—Continued

Date Event Sponsor Location

January through April—last Wreckers Cup Races ...... Schooner Wharf Bar ...... Key West Harbor to Sand Key, Florida (Gulf of Mexico Monday or Tuesday. side). January—3rd week, Mon- Yachting Key West Race Premiere Racing, Inc ...... Inside the reef on either side of main ship channel, day–Friday. Week. Key West Harbor Entrance, Key West, Florida. February—1st Saturday ...... The Bogey ...... Florida Bay Outfitters ...... Blackwater Sound (entire sound), Key Largo, Florida. February—1st Sunday ...... The Bacall ...... Florida Bay Outfitters ...... Blackwater Sound (entire sound), Key Largo, Florida. April—3rd weekend, Satur- Miami to Key Largo Sail- MYC Youth Sailing Foun- Biscayne Bay and Intracoastal Waterway from the day–Sunday. boat Race. dation, Inc. Rickenbacker Causeway in Miami, Florida to Key Biscayne to Cape Florida to Soldier Key to Sands Key to Elliot Key to Two Stacks to Card Sound to Barnes Sound to Blackwater Sound in Key Largo, Florida no closer than 500 feet from each vessel. April—last Friday ...... Conch Republic Navy Pa- Sponsor: Conch Republic All waters approximately 150 yards offshore from rade and Battle. Ocean Key Sunset Pier, Mallory Square and the Hil- ton Pier within the Key West Harbor. May—3rd weekend ...... Marathon Super Boat Super Boat International All waters of Knight Key Channel, encompassing both Grand Prix.. Productions, Inc. the Gulf of Mexico side and the Atlantic Ocean side of the Seven Mile Bridge. June—2nd weekend ...... FKCC Swim around Key Florida Keys Community Begin at Smather’s Beach and swim the loop around West. College. the island back to the start approximately 50 yards offshore, Key West, Florida. July—3rd weekend, Satur- The Easom Cup ...... South Eastern Ocean Rac- Caesar’s Creek, Everglades City, Florida. day and Sunday. ing Series (SEORS). November—2nd week, Key West World Cham- Super Boat International In the Atlantic Ocean, off the tip of Key West, on the Wednesday–Sunday. pionship. Productions, Inc. waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor En- trance. November—first weekend, U.S. Wake Board Cham- Middle Keys Events Coun- Sombrero Beach, Marathon, Florida; between Sister Friday–Sunday. pionships. cil. Creek and Sister Rock to approximately 500 yards offshore from Sombrero Beach. December—1st Thursday .... Boot Key Harbor Christ- Dockside Marina ...... Boot Key Harbor (entire harbor), Marathon, Florida. mas Boat Parade. December—2nd Sunday ..... Key Colony Beach Holiday Key Colony Beach Com- Key Colony Beach, Marathon, Florida, between Vaca Boat Parade. munity Assn. Cut Bridge and Long Key Bridge. December—3rd Saturday .... Key Largo Boat Parade ..... Key Largo Boat Parade ..... From Channel Marker 41 on Dusenbury Creek in Blackwater Sound to tip of Stillwright Point in Blackwater Sound, Key Largo, Florida. December—3rd Saturday .... Key West Lighted Boat Pa- Schooner Wharf Bar ...... All waters between Christmas Tree Island and Coast rade. Guard Station thru Key West Harbor to Mallory Square, approximately 35 yards from shore.

COTP Zone San Juan

May—first Sunday ...... Half Ironman Triathlon ...... Project St. Croix, Inc ...... St. Croix (Christiansted Harbor), U.S.V.I.: In the fol- lowing position: PT1 on the shoreline at Kings Wharf at posn 17°44′51″N, 064°42′16″W, thence north to PT2 at the southwest corner of Protestant Cay in posn 17°44′56″N, 064°42′12″W, then east along the shoreline to PT3 at the southeast corner of Protestant Cay in posn 17°44′56″N, 064°42′08″W, thence northeast to PT4 at Christian- sted Harbor Channel Round Reef Northeast Junc- tion Lighted Buoy RR in posn 17°45′24″N, 064°41′45″W, thence southeast to PT 5 at Chris- tiansted Schooner Channel Lighted Buoy 5 in posn 17°45′18″N, 064°41′43″W, thence south to PT6 at Christiansted Harbor Channel Buoy 15 in posn 17°44′56″N, 064°41′56″W, thence to PT7 on the shoreline north of Fort Christiansvaem in posn 17°44′51″N, 064°42′05″W, thence west along the shoreline to PT1. July 4th ...... Fireworks Display ...... St. John Festival & Cul., St. John (West of Cruz Bay/Northeast of Steven Cay), Org. U.S.V.I. all waters from the surface to the bottom for a radius of 200 yards centered around position 18°19′55″N, 064°48′06″W.

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Date Event Sponsor Location

July—3rd week, Sunday ...... San Juan Harbor Swim ..... Municipality of Catano ...... San Juan Harbor, Puerto Rico PT1: La Puntilla Final, Coast Guard Base at posn 18°27′33″N, 066°07′00″W, then south to PT2: Catano Ferry Pier at posn 18°26′36″N, 066°07′00″W, then east along the Catano shoreline to PT3: Punta Catano at posn 18°26′40″N, 066°06′48″W, then north to PT4: Pier 1 San Juan at posn 18°27′40″N, 066°06′49″W, then back along the shoreline to origin at PT1. December 31st ...... Fireworks St. Thomas, Mr. Victor Laurenza, St. Thomas (Great Bay area), U.S.V.I.; all waters from Great Bay. Pyrotecnico, New Castle, the surface to the bottom for a radius of 600 feet PA. centered around position 18°19′14″N, 064°50′18″W. December—1st week ...... Christmas Boat Parade ..... St. Croix Christmas Boat St. Croix (Christiansted Harbor), U.S.V.I.; 200 yards Committee. off-shore around Prostestant Cay beginning in posn 17°45′56″N, 064°42′16″W, around the cay and back to the beginning position.

COTP Zone Charleston

May—Morning Slack Tide Lowcountry Splash ...... Logan Rutledge ...... Cooper River/Charleston Harbor, South Carolina, in- on the 3rd and 4th Satur- cluding the waters of the Wando River, Cooper day. River, and Charleston Harbor from Hobcaw Yacht Club, in approximate position 32°49′32″N, 079°53′81″W, south along the coast of Mt. Pleasant, S.C., to Charleston Harbor Marina, approximate po- sition 32°47′20″N, 079°54′64″W, and extending out 150 yards from shore. June—2nd week ...... Beaufort Water Festival ..... City of Beaufort ...... Beaufort, South Carolina, between the Lady’s Island swing bridge and Spanish Point. June–August—every Tues- Shelter Cove Fireworks ..... Greenwood Development Shelter Cove, Hilton Head, South Carolina extending a day. Corp. radius of 600 feet from approximate position 32°11′10″N, 080°43′54″W. July 4th ...... Sea pines resort 4th of Seapines Plantation ...... Harbortowne, Hilton Head, Calibogue Sound, South July. Carolina extending a radius of 600 feet from approx- imate position 32°11′10″N, 080°43′54″W. July 4th ...... Patriots Point Fireworks .... Patriots Point ...... Charleston Harbor, South Carolina, extending a radius of 1000 feet from approximate position 32°47′01″N, 079°53′8″W. July 4th ...... Skull Creek Fireworks ...... Hudson Seafood ...... Skull Creek, Hilton Head, South Carolina extending a radius of 1000 feet from the approximate position 32°13′57″N, 080°45′06″W. July 4th ...... City of North Charleston City of North Charleston .... Cooper River, Charleston, South Carolina extending a Fireworks. radius of 1000 feet from approximate position 32°51′57″N, 079°57′35″W. July 4th ...... Market Street Fireworks .... City of Charleston ...... Charleston harbor, South Carolina extending a radius of 1000 feet from center approximate position 32°54′01″N, 080°08′05″W. November—2nd week ...... Head of the South ...... Augusta Rowing club ...... Upper Savannah River MM199 to MM196, Georgia. December—2nd week ...... Charleston Harbor Christ- City of Charleston ...... Charleston harbor, South Carolina, from Anchorage A mas Parade of Boats. through Shutes Folly, Horse Reach, Hog Island Reach, Town Creek Lower Reach, Ashley River, and finishing at City Marina.

COTP Zone St. Petersburg

January—3rd Saturday ...... Gasparilla Children’s Pa- Event Makers ...... Hillsborough Bay within a 500 yard radius of the fire- rade Fireworks. works barge located in approximate position 27°55′04″N, 082°29′08″W. January—3rd Saturday ...... Gasparilla Children’s Pa- Air Boss and Consulting .... Hillsborough Bay north of an imaginary line drawn at rade Air show. 27°55′N, west of Davis Islands, and south of the Davis Island Bridge. January—last Saturday ...... Gasparilla Boat Parade ..... YE Mystic Krewe of Tampa Bay, Florida, including all waters of Gasparilla. Hillsborough Bay and its tributaries north of a line drawn along latitude 27°51′18″N. Hillsborough Cut ‘‘D’’ Channel, Sparkman Channel, Ybor Channel, Seddon Channel and the Hillsborough River south of the John F. Kennedy Bridge. March—last Friday, Satur- Honda Grand Prix ...... Honda Motor Company Demons Landing, St Petersburg FL, all waters within day, and Sunday. and City of St. Peters- 100 ft of the seawall. burg. March—last Friday, Satur- St Pete Grand Prix Air Honda Motor Company St Petersburg FL, within two NM of the Albert Whitted day, and Sunday. show. and City of St. Peters- Airport. burg.

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Date Event Sponsor Location

April—last Sunday ...... St Anthony’s Triathlon ...... St Anthony’s Health Care .. St Petersburg within one NM of Spa Beach. July 4th ...... Freedom Swim ...... None ...... Peace River FL within two NM of the U.S. 41 Bridge. July 4th and January 1st ..... Ybor Fireworks Display ..... Tampa Bay Attractions As- Ybor Turning Basin within a 120 yard radius of the sociation or various pri- fireworks barge in approx. position 27°56′29″N, vate entities. 082°26′43″W. July 4th and January 1st ..... Clearwater fireworks dis- City of Clearwater ...... Gulf Intracoastal Waterway in the vicinity of Clear- plays. water within a 500 yard radius of the fireworks barge located in approximate position 26°58′01″N, 082°48′15″W. July 4th and January 1st ..... Marco Island fireworks dis- City of Marco Island ...... Gulf of Mexico in the vicinity of Marco Island within a plays. 300 yard radius of the fireworks barge located in ap- proximate position 25°54′36″N, 081°45′06″W. July 4th and January 1st ..... Venice fireworks displays .. City of Venice ...... Gulf of Mexico in the vicinity of Venice Inlet within a 200 yard radius of the fireworks barge located in ap- proximate position 27°06′44″N, 082°28′09″W. July 4th and January 1st ..... Beach House Restaurant Beach House Restaurant .. Gulf of Mexico in the vicinity of Bradenton Beach with- fireworks displays. in a 200 yard radius of the fireworks barge located in approximate position 27°27′59″N, 082°41′58″W. July 4th and January 1st ..... Ft Myers fireworks displays City of Ft Myers ...... Caloosahatchee River within a 300 yard radius of the fireworks barge located in approximate position 26°38′45″N 081°52′50″W. July—1st Sunday ...... Suncoast Offshore Grand Suncoast Foundation for Gulf of Mexico in the vicinity of Sarasota, from New Prix. the Handicapped. Pass to Siesta Beach out to eight NM. September—3rd Friday, Sat- Homosassa Raft Race ...... Citrus 95 FM radio ...... Homosassa River between Private Green Dayboard urday, and Sunday. 81 east to private Red Dayboard 2. October—2nd Friday, Satur- St Petersburg Airfest ...... City of St Petersburg ...... St Petersburg, within two NM of the Albert Whitted Air- day, and Sunday. port. November—3rd Thursday, Ironman World Champion- City of Clearwater & Gulf of Mexico within two NM of Clearwater Beach FL. Friday, and Saturday. ship Triathlon. Ironman North America.

COTP Zone Savannah

May—2nd weekend, Sunday Blessing of the Fleet— Knights of the Columbus— Brunswick River from the start of the east branch of Brunswick. Brunswick. the Brunswick River (East Brunswick River) to the Golden Isles Parkway Bridge. May—2nd or 3rd weekend .. Grand Prix of Augusta ...... Champboat Series, LLC .... Savannah River, Augusta, Georgia, from the U.S. Highway 1 (Fifth Street) Bridge at mile 199.45 to Eliot’s Fish Camp at mile 197. July 4th ...... Fourth of July Fireworks .... Savannah Waterfront As- Savannah River, Savannah Riverfront, Georgia, 500 sociation. feet around fireworks launch point centered at ap- proximate position 32°04′56″N, 081°05′02″W. July—3rd full weekend ...... Augusta Southern Nation- Augusta Southern Nation- Savannah River, Augusta, Georgia, from the U.S. als Drag Boat Races. als. Highway 1 (Fifth Street) Bridge at mile 199.45 to Eliot’s Fish Camp at mile 197. October—3rd or 4th week- Champboat Races of Sa- Champboat Series, LLC. ... Savannah River, Savannah Riverfront, Georgia, Tal- end or November—1st vannah. madge bridge to a line drawn at 146 degrees true weekend. from dayboard 62. November—1st Saturday Savannah Harbor Boat Pa- Westin Resort, Savannah Savannah River, Savannah Riverfront, Georgia, Tal- after Thanksgiving Day. rade of Lights and Fire- madge bridge to a line drawn at 146 degrees true works. from dayboard 62. December 31st ...... New Years Eve Fireworks Savannah Waterfront As- Savannah River, Savannah Riverfront, Georgia, 500 sociation. feet around fireworks launch point centered at ap- proximate position 32°04′56″N, 081°05′02″W. Monthly—first Friday ...... First Friday of the Month Savannah Waterfront As- Savannah River, Savannah Riverfront, Georgia, 500 Fireworks. sociation. feet around fireworks launch point centered at ap- proximate position 32°04′56″N, 081°05′02″W.

COTP Zone Jacksonville

February—1st weekend, Fri- Clay County Super Cele- Reynolds Park Yacht Club Reynolds Park Yacht Club (entire club), Green Cove day–Monday. bration. Springs. February—last Saturday ...... El Cheapo Sheepshead Jacksonville Offshore Sport Mayport/Jacksonville Boat Ramp; 500 feet seaward of Tournament. Fishing Club. the boat ramp. March—1st Saturday ...... Jacksonville Invitational Stanton Rowing Founda- Ortega River Race Course, Jacksonville; between (Rowing Race). tion (may vary). Timuquana and Roosevelt Bridges. March—1st Saturday ...... Stanton Invitational (Row- Stanton Rowing Founda- Ortega River Race Course, Jacksonville; between ing Race). tion. Timuquana and Roosevelt Bridges. March or April—Palm Sun- Blessing of the Fleet— City of Jacksonville Office St. Johns River, downtown Jacksonville in the vicinity day. Jacksonville. of Special Events. of Jacksonville Landing between the Main Street Bridge and Acosta Bride. March or April—Palm Sun- Blessing of the Fleet—St. City of St. Augustine ...... St. Augustine Municipal Marina (entire marina). day. Augustine.

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Date Event Sponsor Location

April—1st full weekend, Sat- Mount Dora Yacht Club Mount Dora Yacht Club ..... Lake Dora, Mount Doran—500 ft. off Grantham Point. urday and Sunday. Sailing Regatta. April—3rd Saturday ...... Jacksonville City Cham- Stanton Rowing Founda- Ortega River Race Course, Jacksonville; between pionships. tion. Timuquana and Roosevelt Bridges. April—3rd weekend ...... Florida Times Union The Florida Times-Union ... Sister’s Creek Marina to Marker 88 on the St. John’s Redfish Roundup. River. May—1st Friday ...... Isle of Eight Flags Shrimp City of Fernandina Beach Fernandina Harbor Marina (entire marina). Festival Pirate Landing and Fireworks. May—1st Saturday ...... Mug Race ...... The Rudder Club of Jack- St. Johns River; Palatka to Buckman Bridge. sonville, Inc. May—4th Friday ...... Palatka Blue Crab Festival Palatka Blue Crab Festival All waters within a 500-yard radius around approxi- and Fireworks. mate position 29°38′37″N, 081°37′50″W. May—4th weekend ...... Memorial Day RiverFest .... City of Green Cove All waters within a 500-yard radius around approxi- Springs. mate position 29° 59′39″N, 081°40′33″W. May—last full week, Mon- Bluewater Invitational Tour- Northeast Florida Marlin There is a no-wake zone in effect from the St. Augus- day—Friday. nament. Association. tine City Marina out to the end of the St. Augustine Jettys 6 a.m.–8 a.m. and 3 p.m.–5 p.m. during the above days. May—last full weekend, Fri- Blue Crab Festival Ski Downtown Palatka, Inc. & St. Johns River, South of Memorial Bridge, Palatka. day—Sunday. Shows. Palatka Blue Crab Fes- tival, Inc. June—1st Saturday ...... Florida Sport Fishing Asso- Florida Sport Fishing Asso- From Sunrise Marina to the end of Port Canaveral ciation Offshore Fishing ciation. Inlet. Tournament. June—1st weekend, Friday– Jetty Park Ocean Regatta Fleet 45 Space Coast Cat- Jetty Park, Port Canaveral; all waters within a 1000- Sunday. amaran Association, Inc. yard radius around approximate position 28°24′21″N, 080°33′33″W. June—2nd weekend, Fri- St. Augustine King Buster King Buster Classic, Inc .... St. Augustine Municipal Marina (entire marina) day–Sunday. Classic 400. June—4th Saturday ...... Veterans Day Celebration, City of New Smyrna Beach All waters within a 500-yard radius around approxi- Parade and Fireworks mate position 29°03′N, 080°55′W. Display. June—4th weekend, Thurs- Tournament of Champions Nassau Sport Fishing As- Fernandina Harbor Marina (entire marina), Fernandina day–Saturday. Kingfish Tournament. sociation. Beach. June—2nd weekend, Satur- Kingfish Challenge ...... Ancient City Game Fish There is a no-wake zone in effect from the St. Augus- day and Sunday. Association. tine City Marina out to the end of the St. Augustine Jettys 6 a.m.–8 a.m. and 3 p.m.–5 p.m. July 4th ...... Cocoa 4th of July Fire- City of Cocoa ...... All waters within a 500-yard radius around approxi- works. mate position 28°20′22″N, 080°31′27″W. July 4th ...... Daytona Beach Boardwalk Daytona Beach Boardwalk All waters within a 500-yard radius around at approxi- Association July 4th Association. mate position 29° 13′34″N, 081°00′33″W. Fireworks. July 4th ...... Edgewater Fire Rescue Edgewater Fire Rescue All waters within a 500-yard radius around the pier at Association Annual Fire- Association. Kennedy Memorial Park, Edgewater, FL. works Celebration. July 4th ...... Fernandina Beach 4th of City of Fernandina Beach/ All waters within a 500-yard radius around approxi- July Fireworks. Fernandina Harbor Ma- mate position 30°40′17″N, 081°27′56″W. rina. July 4th ...... Fireworks Display for Inde- City of Palatka/Downtown All waters within a 500-yard radius around approxi- pendence Day Celebra- Palatka. mate position 29°38′37″N, 081°37′51″W. tion (Palatka). July 4th ...... Flagler Beach July 4th Flagler Beach Chamber of All waters within a 500-yard radius around (the end of Celebration Fireworks. Commerce. Flagler Beach Pier) approximate position 29°28′50″N, 081°07′27″W. July 4th ...... Florida Yacht Club and Florida Yacht Club and All waters within a 500-yard radius around approxi- Timuquana Country Club Timuquana Country Club. mate position 30°15′00″N, 081°41′17″W. Fireworks Display. July 4th ...... Kissimmee July 4th Cele- City of Kissimmee Parks All waters within a 500-yard radius around approxi- bration Fireworks. and Recreation. mate position 28°17′08″N, 081°24′08″W. July 4th ...... Kiwanis Club of St. Marys Kiwanis Club of St. Marys St. Marys River, St. Marys, GA; all waters within a Annual Fourth of July Georgia. 500-yard radius around approximate position Festival Fireworks. 30°43′7″N, 081°32′59″W. July 4th ...... Liberty Fest—4th of July City of Jacksonville Beach All waters within a 500-yard radius around approxi- Celebration (Jacksonville mate position 30°17′06″N, 081°23′16″W. Beach). July 4th ...... Mount Dora Old Fashioned Rotary Club of Mount Lake Dora, Mount Dora—500 ft. off Grantham Point. 4th of July Celebration. Dora/ Mount Dora Fire- fighter Association. July 4th ...... Orange Park Independ- Town of Orange Park ...... All waters within a 500-yard radius around approxi- ence Day Celebration mate position 30°10′20″N, 081°42′20″W. Fireworks.

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Date Event Sponsor Location

July 4th ...... Ormond Beach Independ- City of Ormond Beach ...... All waters within a 500-yard radius around approxi- ence Day Celebration mate position 29°17.2′N, 081°02.988′W. Fireworks. July 4th ...... Patrick Air Force Base 4th Patrick Air Force Base ...... All waters within a 500-yard radius around approxi- of July Celebration and mate position 28°14′00″N, 080°37′00″W. Fireworks. July 4th ...... Sanford’s July 4th Celebra- City of Sanford ...... All waters within a 500-yard radius around the Monroe tion Fireworks. Harbor Marina. July 4th ...... St. Augustine July 4th Fire- City of St. Augustine ...... All waters within a 500-yard radius around approxi- works Display. mate position 29°53′50.84″N, 081°18′30.87″W. July—3rd Saturday ...... Halifax Rowing Association Halifax Rowing Association Halifax River, Daytona, S. of Memorial Bridge—East Summer Regatta. Side. July—3rd week ...... BellSouth Greater Jack- Jacksonville Marine Char- All waters of the St. Johns River, from lighted buoy 10 sonville Kingfish Tour- ities, Inc. (LLNR 2190) in approximate position 30°24′22″N, nament. 081°24′59″W to lighted buoy 25 (LLNR 7305). August—2nd week ...... Townsend Hawkes Ocean Jacksonville Beaches 50 ft. offshore from Jacksonville Beach to Sea Turtle Swim. Kiwanis Club. Inn, Atlantic Beach. December 31st ...... Jacksonville New Year’s City of Jacksonville Office St. Johns River; west side of Main Street Bridge. Eve Fireworks. of Special Events. December 31st ...... St. Augustine Beach New City of St. Augustine All waters within a 500-yard radius approximate posi- Year’s Eve Fireworks. Beach. tion 29°51′16″N, 081°15′49″W. December—2nd Saturday ... St. Johns River Christmas St. Johns River Christmas St. Johns River; Whitehair Bridge, Deland to Lake Boat Parade. Boat Parade, Inc. Beresford. December—2nd Saturday ... Christmas Boat Parade Halifax River Yacht Club ... Halifax River from Seabreeze Bridge to Halifax Harbor (Daytona Beach/ Halifax Marina. River). December—2nd Saturday ... Kissimmee Holiday Ex- City of Kissimmee Parks Kissimmee Lakefront Park; all waters within a 500- travaganza Fireworks. and Recreation. yard radius around approximate position 28°17′13″N, 081°24′13″W.

Dated: October 4, 2007. USA Limited, dba Newmont Mining OAR–2004–0014 by one of the following D.W. Kunkel, Corporation (‘‘Newmont’’) arguing that methods: Rear Admiral, U.S. Coast Guard, Commander, the December 31, 2002 final rule failed • http://www.regulations.gov: Follow Seventh Coast Guard District. to comply with the Clean Air Act (Act) the on-line instructions for submitting [FR Doc. E7–21714 Filed 11–9–07; 8:45 am] requirement that EPA conduct a comments. • BILLING CODE 4910–15–P rulemaking to list source categories for E-mail: [email protected], which fugitive emissions must be attention Docket No. EPA–HQ–OAR– included in computing a source’s 2004–0014. ENVIRONMENTAL PROTECTION emissions to determine whether it is a • Fax: 202–566–9744. AGENCY ‘‘major stationary source.’’ In January • Mail: Attention Docket ID No. EPA– 2004, we agreed to reconsider this issue. HQ–OAR–2004–0014, U.S. 40 CFR Parts 51 and 52 In this action, we are proposing to revise Environmental Protection Agency, EPA West (Air Docket), Mail code 2822T, [EPA–HQ–OAR–2004–0014, FRL–8494–4] the provisions of the December 2002 final rules related to the treatment of 1200 Pennsylvania Avenue, Northwest, RIN 2060–AM91 fugitive emissions for purposes of Washington, DC 20460. Please include a determining whether a physical or total of 2 copies. Prevention of Significant Deterioration • Hand Delivery: U.S. Environmental (PSD) and Nonattainment New Source operational change at an existing major source qualifies as a major modification. Protection Agency, EPA West (Air Review (NSR): Reconsideration of Docket), Room 3334, 1301 Constitution Inclusion of Fugitive Emissions We request public comment on the proposed revisions. In this action, we Avenue, Northwest, Washington, DC AGENCY: Environmental Protection are also providing guidelines for 20004, Attention Docket ID No. EPA– Agency (EPA). determining when and how emissions HQ–OAR–2004–0014. Such deliveries ACTION: Proposed rule; notice of are to be considered fugitive for NSR are only accepted during the Docket’s reconsideration of final rule. and Title V permitting. normal hours of operation, and special arrangements should be made for SUMMARY: On December 31, 2002, we DATES: Comments. Comments must be deliveries of boxed information. (the EPA) issued our final New Source received on or before January 14, 2008. Instructions: Direct your comments to Review (NSR) Improvement Rule which, Public Hearing. If anyone contacts us Docket ID No. EPA–HQ–OAR–2004– among other things, requires all sources requesting to speak at a public hearing 0014. EPA’s policy is that all comments to include ‘‘fugitive emissions’’ in on or before December 3, 2007, we will received will be included in the public assessing whether a proposed physical hold a public hearing approximately 30 docket without change and may be or operational change qualifies as a days after publication in the Federal made available online at http:// ‘‘major modification’’ that is subject to Register. www.regulations.gov, including any review under major NSR. On July 11, personal information provided, unless 2003, we received a petition for ADDRESSES: Submit your comments, the comment includes information reconsideration on behalf of Newmont identified by Docket ID No. EPA–HQ– claimed to be Confidential Business

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Information (CBI) or other information Electronic files should avoid the use of Northwest, Washington, DC, Attention whose disclosure is restricted by statute. special characters, any form of Docket ID No. EPA–HQ–OAR–2004– Do not submit information that you encryption, and be free of any defects or 0014. The Public Reading Room is open consider to be CBI or otherwise viruses. For additional information from 8:30 a.m. to 4:30 p.m., Monday protected through regulations.gov or e- about EPA(s public docket visit the EPA through Friday, excluding legal mail. The http://www.regulations.gov Docket Center homepage at http:// holidays. The telephone number for the Web site is an (anonymous access( www.epa.gov/epahome/dockets.htm. Public Reading Room is (202) 566–1744, system, which means EPA will not For additional instructions on and the telephone number for the Air know your identity or contact submitting comments, go to section I.B Docket is (202) 566–1742. of the SUPPLEMENTARY INFORMATION information unless you provide it in the FOR FURTHER INFORMATION CONTACT: Ms. body of your comment. If you send an section of this document. Docket: All documents in the docket Lynn Hutchinson, Air Quality Policy e-mail comment directly to EPA without are listed in the http:// Division (C504–03), U.S. Environmental going through http:// www.regulations.gov index. Although Protection Agency, Research Triangle www.regulations.gov, your e-mail listed in the index, some information is Park, NC 27711, telephone number: address will be automatically captured not publicly available, i.e., CBI or other (919) 541–5795, fax number: (919) 541– and included as part of the comment information whose disclosure is 4028, or electronic mail at that is placed in the public docket and restricted by statute. Certain other [email protected]. made available on the Internet. If you material, such as copyrighted material, SUPPLEMENTARY INFORMATION: submit an electronic comment, EPA is not placed on the Internet and will be recommends that you include your publicly available only in hard copy I. General Information name and other contact information in form. Publicly available docket A. Does this action apply to me? the body of your comment and with any materials are available either disk or CD–ROM you submit. If EPA electronically in http:// Entities potentially affected by this cannot read your comment due to www.regulations.gov or in hard copy at proposed action include sources in all technical difficulties and cannot contact the U.S. Environmental Protection industry groups. The majority of sources you for clarification, EPA may not be Agency, EPA West (Air Docket), Room potentially affected are expected to be in able to consider your comment. 3334, 1301 Constitution Avenue, the following groups.

Industry group SIC a NAICS b

Electric Services ...... 491 ...... 221111, 221112, 221113, 221119, 221121, 221122 Petroleum Refining ...... 291 ...... 324110 Industrial Inorganic Chemicals ...... 281 ...... 325181, 325120, 325131, 325182, 211112, 325998, 331311, 325188 Industrial Organic Chemicals ...... 286 ...... 325110, 325132, 325192, 325188, 325193, 325120, 325199 Miscellaneous Chemical Products ...... 289 ...... 325520, 325920, 325910, 325182, 325510 Natural Gas Liquids ...... 132 ...... 211112 Natural Gas Transport ...... 492 ...... 486210, 221210 Pulp and Paper Mills ...... 261 ...... 322110, 322121, 322122, 322130 Paper Mills ...... 262 ...... 322121, 322122 Automobile Manufacturing...... 371 ...... 336111, 336112, 336211, 336992, 336322, 336312, 336330, 336340, 336350, 336399, 336212, 336213 Pharmaceuticals ...... 283 ...... 325411, 325412, 325413, 325414 Mining ...... 211, 212, 213 ...... 21 Agriculture, Fishing and Hunting ...... 111, 112, 113, 115 .... 11 a Standard Industrial Classification. b North American Industry Classification System.

Entities potentially affected by the complete version of the comment that • Identify the rulemaking by docket subject rule for this proposed action also includes information claimed as CBI, a number and other identifying include State, local, and tribal copy of the comment that does not information (subject heading, Federal governments. contain the information claimed as CBI Register date and page number). must be submitted for inclusion in the • Follow directions—The agency may B. What should I consider as I prepare public docket. Information so marked ask you to respond to specific questions my comments for EPA? will not be disclosed except in or organize comments by referencing a 1. Submitting CBI. Do not submit accordance with procedures set forth in Code of Federal Regulations (CFR) part information that you consider to be CBI 40 CFR part 2. Also, send an additional or section number. electronically through http:// copy clearly marked as above not only • Explain why you agree or disagree; www.regulations.gov or e-mail. Clearly to the Air docket but to: Roberto suggest alternatives and substitute mark the part or all of the information Morales, c/o OAQPS Document Control language for your requested changes. that you claim to be CBI. For CBI Officer, (C339–03), U.S. Environmental • Describe any assumptions and information in a disk or CD–ROM that Protection Agency, Research Triangle provide any technical information and/ you mail to EPA, mark the outside of the Park, NC 27711, Attention Docket ID or data that you used. disk or CD–ROM as CBI and then No. EPA–HQ–OAR–2004–0014. • If you estimate potential costs or identify electronically within the disk or 2. Tips for Preparing Your Comments. burdens, explain how you arrived at CD–ROM the specific information that When submitting comments, remember your estimate in sufficient detail to is claimed as CBI. In addition to one to: allow for it to be reproduced.

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• Provide specific examples to D. Unfunded Mandates Reform Act preconstruction review under major illustrate your concerns, and suggest E. Executive Order 13132: Federalism NSR. For the PSD program, the major alternatives. F. Executive Order 13175: Consultation source threshold is 100 tons per year • and Coordination With Indian Tribal Explain your views as clearly as Governments (tpy) for sources in any of 28 categories possible, avoiding the use of profanity G. Executive Order 13045: Protection of listed in the regulations, and 250 tpy for or personal threats. Children from Environmental Health and any other type of source. (See • Make sure to submit your Safety Risks §§ 51.166(b)(1) and 52.21(b)(1) for the comments by the comment period H. Executive Order 13211: Actions That full definition of ‘‘major stationary deadline identified. Significantly Affect Energy Supply, source’’ under PSD.) The major source Distribution, or Use threshold under nonattainment major C. How can I find information about a I. National Technology Transfer and NSR is generally 100 tpy, but is lower possible public hearing? Advancement Act VII. Statutory Authority for some pollutants in nonattainment Persons interested in presenting oral areas classified as serious, severe, or testimony should contact Ms. Pamela S. II. Background extreme. (See § 51.165(a)(1)(iv) for the Long, New Source Review Group, Air A. What is major New Source Review? full definition of ‘‘major stationary Quality Policy Division (C504–03), U.S. source’’ under nonattainment major Environmental Protection Agency, The major NSR program is mandated NSR.) These same major source Research Triangle Park, NC 27711, by parts C and D of title I of the Act. thresholds also apply to modifications telephone number (919) 541–0641, at Major NSR is a preconstruction review at existing minor sources where the least 2 days in advance of the public and permitting program applicable to modification by itself has potential hearing. Persons interested in attending new or modified major stationary emissions in excess of the applicable the public hearing should also contact sources (major sources) of air pollutants threshold. Ms. Long to verify the time, date, and regulated under the Act. In areas not If an existing major source (i.e., an location of the hearing. The public meeting National Ambient Air Quality existing source with actual emissions Standards (NAAQS) and in ozone hearing will provide interested parties and/or PTE greater than the applicable transport regions (OTR), the program is the opportunity to present data, views, major source threshold) is planning a implemented under the requirements of or arguments concerning these proposed physical or operational change, the part D of title I of the Act. We call this changes. project is subject to major NSR if it is program the ‘‘nonattainment’’ major a ‘‘major modification.’’ A physical or D. How is this preamble organized? NSR program. In areas meeting NAAQS operational change is a major (‘‘attainment’’ areas) or for which there The information presented in this modification if it meets both of the is insufficient information to determine preamble is organized as follows: following two criteria: 1 whether they meet the NAAQS • The physical or operational change, I. General Information (‘‘unclassifiable’’ areas), the NSR A. Does this action apply to me? taken by itself, would result in a requirements under part C of title I of B. What should I consider as I prepare my significant increase in emissions of a the Act apply. We call this program the comments for EPA? regulated NSR pollutant; and Prevention of Significant Deterioration C. How can I find information about a • The physical or operational change, (PSD) program. Collectively, we also possible public hearing? taken together with other, D. How is this preamble organized? commonly refer to these programs as the contemporaneous emissions increases II. Background major NSR program. These regulations and decreases at the source, would A. What is major New Source Review? are contained in 40 CFR 51.165, 51.166, result in a significant net emissions B. What sources are subject to major NSR? 52.21, 52.24, and part 51, appendix S. C. What are fugitive emissions, and how do increase. they figure into major NSR applicability? B. What sources are subject to major The level of emissions that is D. What is the basis for and history of NSR? considered ‘‘significant’’ varies by EPA’s treatment of fugitive emissions in pollutant and, in some cases, by a major NSR applicability determinations? Major NSR applies to (1) construction of new major sources, and (2) major nonattainment area’s classification. For E. Why is EPA reconsidering this aspect of example, an increase of 40 tpy is the December 2002 NSR Improvement modifications at existing major sources. final rulemaking? In either case, the initial step in significant for sulfur dioxide, while 0.6 III. This Action assessing applicability is to determine tpy of lead is considered a significant A. What are the results of EPA’s whether the source in question qualifies increase. (See §§ 51.166(b)(23) and reconsideration? as a ‘‘major source.’’ A proposed or 52.21(b)(23) for the full definition of B. How is EPA proposing to revise the existing source qualifies as a major ‘‘significant’’ under PSD and major NSR regulations? source if it ‘‘emits or has the potential § 51.165(a)(1)(x) for the full definition C. What is the effect of this action on the under nonattainment major NSR.) In minor NSR program? to emit’’ a regulated NSR pollutant in an amount greater than the specified determining the increase in emissions D. What is the rationale for this action? from a physical or operational change, 1. The Newmont petition annual threshold. We define ‘‘potential 2. Proposed action to emit’’ (PTE) as the maximum capacity new emissions units are evaluated at IV. When would these proposed changes take of a source to emit a pollutant under its their PTE, while existing and effect in the Federal PSD Program, and physical and operational design, taking replacement units are generally Must States revise their State into account any physical or operational evaluated by comparing their baseline Implementation Plans (SIPs) to limitations on the source that are actual emissions before the physical or incorporate this proposed action? enforceable as a practical matter. (See, operational change to their projected V. Guiding Principles for Determining actual emissions after the change. Fugitive Emissions for example, § 52.21(b)(4) for the full VI. Statutory and Executive Order Reviews definition of PTE.) If a proposed new source’s PTE is 1 On October 20, 2005, we proposed different A. Executive Order 12866: Regulatory major NSR applicability procedures for Planning and Review greater than the applicable major source modifications at electric generating units. (See 70 B. Paperwork Reduction Act threshold for one or more regulated NSR FR 61081.) Our rulemaking effort for such units is C. Regulatory Flexibility Analysis pollutants, it is subject to ongoing.

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C. What are fugitive emissions, and how source categories in the ‘‘major as of August 7, 1980, is being regulated do they figure into major NSR stationary source’’ definitions. However, under section 111 or 112 of the Act.’’ applicability? the Act is silent regarding the treatment We noted in the 1980 preamble that For purposes of major NSR, we define of fugitive emissions for purposes of categories of sources are regulated under ‘‘fugitive emissions’’ as emissions that determining whether a physical or section 111 (New Source Performance could not reasonably pass through a operational change is a major Standards or NSPS) or 112 (National stack, chimney, vent, or other modification. Below we discuss the Emission Standards for Hazardous Air functionally equivalent opening. (See, history of this issue leading up to this Pollutants or NESHAP) on the basis of proposed action. a determination that their emissions for example, § 52.21(b)(20).) Examples We first created the list of source seriously and adversely impact ambient of fugitive emissions include categories for which fugitive emissions air quality. We therefore determined windblown dust from surface mines and are included in major source that it was appropriate to include their volatile organic compounds (VOCs) determinations (the ‘‘section 302(j) list’’) fugitive emissions in the threshold emitted from leaking pipes and fittings in the final PSD and nonattainment calculations for purposes of major NSR at petroleum refineries. major NSR rules issued in 1980 on applicability. We included the August 7, Quantifiable fugitive emissions are remand from the DC Circuit. (See 45 FR 1980 cutoff date because we believed included in a stationary source’s PTE 52676, August 7, 1980.) The court that sources not regulated by an NSPS when determining whether the source is remanded our initial major NSR rules or NESHAP before the promulgation a major source only if it is in one of the for a variety of reasons, including our date of the major NSR rules could not source categories specifically listed in failure to follow the requirements of have been afforded a meaningful the major NSR regulations. This is section 302(j) in promulgating a partial opportunity to comment on the consistent with section 302(j) of the Act, exemption for fugitive dust. (See inclusion of their fugitive emissions in and is made clear in the definition of Alabama Power v. Costle, 636 F.2d 323, threshold applicability determinations ‘‘major stationary source’’ that is found 369–370 (DC Cir. 1979).) for the source category. in the major NSR regulations. (See, for The promulgated section 302(j) list In the preamble to the 1980 NSR example, § 52.21(b)(1)(iii).) included the source categories listed in rules, we explained that the Alabama Conversely, under the 2002 NSR section 169(1) of the Act, which is the Power court determined that the rules, fugitive emissions to the extent definition of ‘‘major emitting facility’’ ‘‘substantive preconstruction review quantifiable are included in determining for purposes of PSD. Under that and permitting requirements of section whether a physical or operational definition, the major source threshold 165 ‘apply with equal force to fugitive change is a major modification (i.e., in for the listed source categories is 100 emissions and emissions from industrial calculating the resulting emissions tpy, rather than the 250 tpy threshold point sources,’’’ but went on to explain increase and net emissions increase), that applies to other categories of that this meant only that ‘‘section 165 regardless of the source’s source sources. In the preamble to the 1980 requires that fugitive emissions be taken category. This is the case because the major NSR rules, we noted that the into account in determinations of definitions of the terms ‘‘projected Alabama Power court stated that whether NAAQS or allowable actual emissions’’ and ‘‘baseline actual ‘‘Congress’ intention, in establishing the increments will be violated * * * and emissions’’ under the 2002 NSR rules, list of source categories in section 169(1) that fugitive emissions be subjected to which are the definitions used to of the Act, was to identify facilities BACT requirements * * *.’’ (See 45 FR calculate emission increases at existing which, due to their size, are financially 52691.) Thus, in the preamble to the units, include quantifiable fugitive able to bear the substantial regulatory 1980 rules, we analytically grouped emissions. (See §§ 52.21(b)(41)(ii)(b) and costs imposed by the PSD provisions fugitive emissions for purposes of the 52.21(b)(48)(ii)(a).) In this action we and which, as a group, are primarily major source definition and major propose to modify this aspect of the responsible for emission of the modifications under the rubric of 2002 NSR rules. We propose to take a deleterious pollutants that befoul our ‘‘threshold calculations.’’ (See 45 FR consistent approach as to the inclusion nation’s air.’’ (See 45 FR 52691.) In light 52690–91.) of fugitive emissions in threshold major of that intent, we determined that as a However, the 1980 NSR regulations source and modification determinations. matter of policy, it would be appropriate on their face require fugitive emissions D. What is the basis for and history of to count all emissions—including to be included in threshold applicability fugitive emissions—in threshold determinations for any project, but then EPA’s treatment of fugitive emissions in calculations of applicability for those exempt from the relevant PSD or major NSR applicability source categories. (Again, see 45 FR nonattainment requirements any project determinations? 52691.) In doing so, we indicated that that (1) would be ‘‘major’’ only if Section 302(j) of the Act sets out the our listing decisions would be based on fugitive emissions were included and definition of ‘‘major stationary source’’ whether sources in the category have (2) does not belong to one of the that, along with several other provisions the potential to degrade air quality categories specifically listed pursuant to of the Act, provides the basis for the significantly. We also indicated that we the section 302(j) rulemaking. (See, for definitions used in the major NSR would consider information raised by example, §§ 52.21(b)(4) and (i)(4)(vii) as regulations. The definition in section commenters that showed that promulgated in 1980 at 45 FR 52736 and 302(j) specifies that fugitive emissions unreasonable socioeconomic impacts 52739, respectively. See also the are included in major source relative to the benefits would result discussion at 49 FR 43204, October 26, determinations only for source from subjecting the sources to the 1984.) Thus, in the 1980 rules, we categories that EPA specifies through relevant PSD or nonattainment included the section 302(j) list in a rulemaking. As discussed below, EPA programs. provision that exempted from PSD enacted regulations pursuant to section In addition to the source categories permitting requirements ‘‘a particular 302(j) that specify the source categories listed in section 169(1), based on major stationary source or major for which fugitive emissions are application of these criteria, we modification, if * * * [t]he source or included in the major source included on the section 302(j) list ‘‘any modification would be a major determination and has listed these other stationary source category which, stationary source or major modification

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only if fugitive emissions, to the extent interpretive proposal, we stated that we as to major modifications, it would have quantifiable, are considered in believed our prior assumption in this said so explicitly. (See 54 FR 48882–83.) calculating the potential to emit of the regard was incorrect. We proposed to We further concluded that EPA’s stationary source or modification and include fugitive emissions for sources in longstanding practice of considering the the source does not belong to [any of the all source categories, to the extent fugitive emissions of all sources, not just categories in the section 302(j) list].’’ quantifiable, when determining whether those on the section 302(j) list, when (See §§ 52.21(i)(4), (i)(4)(vii), 45 FR a physical or operational change meets determining whether a major 52738–52739.) A similar exclusion the significance thresholds for a modification had occurred was applied in the nonattainment major NSR modification for purposes of major NSR. reasonable. (See 54 FR 48883.) In context. (See § 51.18(j)(4), 45 FR 52746.) (See 49 FR 43213–14.) addition, we related that our In our response to a petition for On February 28, 1986 (see 51 FR interpretation likely would not impose reconsideration of the 1980 rules 7090), we reopened the comment period new regulatory burdens because fugitive submitted on behalf of the American to receive further comment on several of emissions from physical or operational Mining Congress, we continued this the issues addressed in our October 26, changes would still be excluded from approach, stating that ‘‘EPA * * * 1984 proposal. The comment period applicability determinations unless the intended to establish that any source ended April 9, 1986. Comments for this changes occurred at a major source. We which would be ‘major’ only if fugitive proposal are captured in legacy docket reasoned that under the Act and EPA emissions were taken into account is not A–84–33. regulations, a modification is ‘‘major’’ to be considered ‘major’ for any PSD On November 28, 1989 (see 54 FR and subject to review only if the source purpose, unless the source belongs to 48870), we finalized our 1984 at which it would occur is also ‘‘major.’’ one of the categories on the list which interpretation and concluded that the Hence, a modification to a source of now appears in [§ ]52.21(i)(4)(vii). section 302(j) limitation on including predominantly fugitive emissions that Similarly, EPA intended to establish fugitive emissions applies to the does not belong to a currently listed that any modification that would be threshold determination of whether a category could not be subject to review, ‘major’ only if fugitive emissions were source is a major source, but not to the even if its fugitive emissions were taken taken into account is not to be threshold determination of whether a into account, because the source would considered ‘major’ for any PSD purpose, physical or operational change not be ‘‘major.’’ (See 49 FR 43213–14.) unless the source * * * belongs to one constitutes a major modification. We Based on this reasoning, our November of the categories on that list.’’ Further, pointed out that the language of section 28, 1989 final action reaffirmed our we committed to amend the regulations 302(j) explicitly attaches the rulemaking October 1984 proposed interpretation to conform them to these intentions. requirements only to existing or that the list of fugitive emissions (See letter from Douglas M. Costle, EPA proposed major sources, and says sources created pursuant to section Administrator, to Robert T. Connery, nothing about major modifications to 302(j) does not apply to major Holland & Hart, January 19, 1981.) existing sources. We also noted that the modifications and that fugitive On October 26, 1984 (49 FR 43202) PSD and nonattainment major NSR emissions for sources in all source we affirmed the interpretation that we definitions of ‘‘modification’’ in section categories must be included when had stated in the 1980 NSR rulemaking. 169(2)(C) and section 171(4) of the Act, determining whether a physical or (See 49 FR 43208.) We also added NSR respectively, merely cross-reference operational change meets the regulatory provisions that the fugitive section 111(a)(4) of the Act, which is the significance thresholds for purposes of emissions of a stationary source shall definition of ‘‘modification’’ in the major NSR. not be included in the threshold NSPS provisions. Because section In October 1990, we issued the draft determination of whether it is a major 111(a)(4) defines modification solely in ‘‘New Source Review Workshop stationary source unless the source terms of the total amount of pollution Manual,’’ 3 in which we stated that belongs to one of the categories of that a change at a source would under the federal PSD regulations, sources identified by EPA in its section produce, we believed that Congress fugitive emissions ‘‘are included in the 302(j) rulemaking. (See 49 FR 43209– intended to establish no qualitative potential to emit (and increases in the 10.) distinction between stack and fugitive same due to modification)’’ if they occur In a companion notice published on emissions. Moreover, we stated that the at one of the source categories listed October 26, 1984 (49 FR 43211), we legislative history on section 302(j) does pursuant to section 302(j). (See page A.9 solicited public comment on an not refer directly to major modifications, of the Manual, which may be found at ‘‘interpretive ruling’’ regarding section although the conference report on the http://www.epa.gov/ttn/nsr/gen/ 302(j) of the Act as it relates to the PSD construction and modification wkshpman.pdf.) This phrasing review of physical or operational definitions in section 169(2)(C) does 2 seemingly contradicts our November changes involving fugitive emissions. provide that Congress’ general intent 1989 final interpretive ruling, although In this notice, we observed that in our was ‘‘to conform to usage in other parts we did not intend to change our policy 1980 NSR rulemaking and when of the Act’’ [123 Cong. Rec. H 11957, in this area. proposing amendments in 1983, we had col. 3 (daily ed.) (November 1, 1977)]. In the NSR Improvement final assumed that the rulemaking We reasoned that this passage referred rulemaking published December 31, requirement in section 302(j) regarding not only to section 111(a)(4), but to 2002 (67 FR 80186), we promulgated source categories for which fugitive usage of these terms in existing EPA final rules consistent with our emissions should be considered applies regulations under the NSPS and NSR November 1989 final interpretive ruling. to modification determinations as well programs, which did not distinguish There, we required the inclusion of as to threshold major source between fugitive and stack emissions. fugitive emissions in calculating determinations. However, in this 1984 We concluded that an interpretation of emissions increases for purposes of section 302(j) to exempt fugitive determining whether a particular 2 This was an ‘‘interpretive ruling’’ in that we emissions from modification proposed to change our previous interpretation of calculations ran counter to EPA’s the Act. To put the interpretive ruling into effect, 3 The ‘‘New Source Review Workshop Manual’’ is we chose not to finalize the proposed revision to longstanding practice, and that if in draft form and the Agency chose not to finalize the major modification definition. Congress intended a legislative change this manual.

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physical or operational change major NSR program regulations: category on the section 302(j) list, as constitutes a major modification § 51.165, § 51.166, § 52.21, and well as the listing status of the entire requiring a PSD or nonattainment major appendix S of part 51. This notice major stationary sources that belong to NSR permit. (See, for example, includes specific proposed revisions for one of the listed source categories. This § 52.21(b)(41)(ii)(b), which includes §§ 51.165, 51.166, and 52.21. The language addresses those situations fugitive emissions, to the extent proposed revisions are nearly identical where an emissions unit that is quantifiable, in the definition of for these regulations because they included in one of the listed source ‘‘projected actual emissions’’ and contain nearly identical provisions categories is located within a parent § 52.21(b)(48)(i)(a), which includes related to major modifications. We are source whose primary activity is not on fugitive emissions, to the extent not proposing specific revisions for the list. If either the emissions unit or quantifiable, in the definition of appendix S in this action, but we the parent source is in a source category ‘‘baseline actual emissions.’’) propose to revise it with regulatory text on the section 302(j) list, the emission consistent with the changes that we unit’s fugitive emissions, to the extent E. Why is EPA reconsidering this aspect ultimately finalize for § 51.165. quantifiable, must be included for of the December 2002 NSR Improvement For §§ 51.165, 51.166, and 52.21, we purposes of determining whether a final rulemaking? propose to modify a number of physical or operational change On July 11, 2003, we received a definitions. In addition, we propose a constitutes a modification. We propose petition for reconsideration of the minor change in the provisions for similar language throughout this December 2002 NSR Improvement final plantwide applicability limitations proposed rule. See section III.D below rules from Newmont USA Ltd., dba (PALs) to preserve the existing for additional discussion of the rationale Newmont Mining Corporation treatment of fugitive emissions for for this proposed language. (Newmont). Newmont argued that we PALs. We are proposing to modify the We also propose to revise the failed to comply with the requirements paragraph in each rule that explains definition of ‘‘baseline actual of section 302(j) of the Act in requiring how to calculate whether a significant emissions’’ to maintain the current fugitive emissions to be counted for emissions increase will occur as the requirements for PALs. Plantwide purposes of determining whether a result of a physical or operational applicability limitations are an physical or operational change change. We are proposing a minor alternative means of determining the constitutes a major modification for revision in the provisions on monitoring applicability of major NSR to changes at sources in source categories not listed and reporting for physical and an existing major stationary source. pursuant to section 302(j). Newmont operational changes that are found not Instead of evaluating each physical or also argued that we failed to provide to be major modifications. Finally, we operational change individually, the notice and an opportunity for comment are proposing to delete as unnecessary source simply tracks total emissions on this issue. The EPA Assistant the paragraph that provides for a from the source to be sure that they Administrator for Air and Radiation generalized exemption related to remain below the level of its PAL. granted Newmont’s petition by letter in fugitive emissions and repeats the Baseline actual emissions are used in January 2004. section 302(j) list. These proposed rule setting the level of the PAL. revisions are discussed in more detail We continue to believe that it is III. This Action below. appropriate to include fugitive A. What are the results of EPA’s We are proposing revisions to the emissions (to the extent quantifiable) in reconsideration? definitions of ‘‘baseline actual setting the level of the PAL and in emissions’’ and ‘‘projected actual tracking compliance with it, regardless We are proposing to revise the emissions.’’ As noted in the Newmont of the source category. In the preamble provisions of the December 2002 NSR petition, these definitions (which figure to the December 2002 NSR Improvement final rules related to the in determining the increase associated Improvement rules, we explained that treatment of fugitive emissions for with a physical or operational change) the benefit of PALs to the public and the purposes of determining whether a currently require that fugitive emissions environment is that PALs are designed physical or operational change at an be included, to the extent quantifiable, ‘‘to assure local communities that air existing major source qualifies as a without regard to source category. Our emissions from your major stationary major modification. We propose to proposed revisions will qualify this source will not exceed the facility-wide reverse our existing policy and include requirement so that fugitive emissions cap set forth in the permit unless you fugitive emissions in determining (to the extent quantifiable) must be first meet the major NSR requirements.’’ whether a physical or operational included for an emissions unit that We further explained that a PAL change results in a major modification ‘‘belongs to one of the source categories ‘‘provides a more complete perspective only for sources in the source categories listed in [the section 302(j) list that to the public because in setting a PAL, that have been designated through appears in the definition of ‘major your reviewing authority accounts for rulemaking pursuant to section 302(j) of stationary source’] or is located at a all current processes and all emissions the Act. In other words, we propose to major stationary source that belongs to units together and reflects the long-term adopt the same approach to fugitive one of the listed source categories.’’ For maximum amount of emissions it would emissions currently used for baseline actual emissions, this revision allow from your source.’’ (See 67 FR determining whether a source is major, appears in § 51.165(a)(1)(xxxv)(A)(1), 80206.) We therefore do not believe we for determining whether a change is a (B)(1), and (C); § 51.166(b)(47)(i)(a), can exempt fugitive emissions from major modification. We solicit comment (ii)(a), and (iii); and § 52.21(b)(48)(i)(a), being included when setting a PAL. on this proposed approach. (ii)(a), and (iii). For projected actual Consequently, we are proposing to emissions, the revision appears in revise the subparagraph of this B. How is EPA proposing to revise the § 51.165(a)(1)(xxviii)(B)(2) and (4), definition that addresses PALs to ensure major NSR regulations? § 51.166(b)(40)(ii)(b) and (d), and that fugitive emissions continue to be To implement our new approach to § 52.21(b)(41)(ii)(b) and (d). Note that included for the purposes of PALs for fugitive emissions, in this action we the proposed language refers to all source categories. This proposed propose to revise all four portions of the emissions units that are in a source revision is found in

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§§ 51.165(1)(a)(xxxv)(D), the relevant provisions. We believe that modification determinations, these 51.166(b)(47)(iv), and 52.21(b)(48)(iv). the added subparagraphs will aid paragraphs tended to confuse the issue. To reinforce our intentions for PALs, understanding of our intentions With our proposal to make uniform the we are proposing a minor revision to the regarding fugitive emissions. These approach to fugitive emissions for major provisions for PALs to state clearly that revisions are proposed for source and major modification a PAL is to include fugitive emissions, §§ 51.165(a)(1)(ix), 51.166(b)(20), and determinations, these paragraphs have to the extent quantifiable, ‘‘regardless of 52.21(b)(20). become completely unnecessary. whether the emissions unit or major The December 2002 NSR Accordingly, in this action we propose stationary source belongs to one of the Improvement rulemaking added to remove and reserve these paragraphs, source categories listed in [the section provisions to the major NSR regulations §§ 51.165(a)(4), 51.166(i)(1)(ii), and 302(j) list].’’ This revision is found in to clarify the two-step process for 52.21(i)(vii). §§ 51.165(f)(4)(i)(D), 51.166(w)(4)(i)(d), determining whether a physical or operational change is a major C. What is the effect of this proposed and 52.21(aa)(4)(i)(d). action on the minor NSR program? We are proposing to revise the modification. Step 1 is the evaluation of definition of ‘‘major modification’’ to the proposed change to determine Major NSR programs are very similar mirror the existing definition of ‘‘major whether it will cause a significant across the United States, prescribed as stationary source.’’ Specifically, we increase in emissions of a regulated NSR they are by the Act and the propose to add a subparagraph to this pollutant. If so, the source goes on to implementing federal regulations. In definition saying: Step 2, which is a ‘‘netting analysis’’ to contrast, State and local minor NSR programs are subject only to general Fugitive emissions shall not be included in determine whether the change will determining for any of the purposes of this result in a significant net emissions requirements and, as a consequence, section whether a physical change in or increase when taken together with any may vary significantly from area to change in the method of operation of a major contemporaneous, creditable emissions area.4 As a result, we do not know with stationary source is a major modification, increases or decreases that have certainty how such programs typically unless the source belongs to one of the source occurred at the source. In this action we address fugitive emissions in minor categories listed in [the section 302(j) list that are proposing revisions to the NSR permitting. We request comment appears in the definition of ‘‘major stationary provisions for Step 1 to clarify that on this topic. How do existing State and source’’]. fugitive emissions (to the extent local minor NSR programs address This new language is proposed for quantifiable) are only included for listed fugitive emissions? Do these programs §§ 51.165(a)(1)(v)(G), 51.166(b)(2)(v), emissions units and source categories. clearly specify how fugitive emissions and 52.21(b)(2)(v). (Clarifications for Step 2 are handled in are to be considered for all aspects of We are proposing to revise the the proposed revisions to the definitions the program (e.g., applicability, control definition of ‘‘net emissions increase’’ to that are discussed above.) The proposed technology requirements, impacts preclude an unlisted major source from revision appears in analysis, etc.)? including contemporaneous increases §§ 51.165(a)(2)(ii)(B), 51.166(a)(7)(iv)(b), We believe that it is important for and decreases in fugitive emissions in and 52.21(a)(2)(iv)(b). minor NSR programs to be clear the ‘‘netting analysis’’ for a physical or The December 2002 NSR regarding the treatment of fugitive operational change. We do not believe Improvement rulemaking also added emissions in all areas of the program. that an unlisted source (which does not provisions for monitoring and reporting This will afford all sources consistent include fugitive emissions in the emissions that actually occur after a treatment and a ‘‘level playing field.’’ In determining the increase in emissions physical or operational change in cases addition, a common understanding of from the current physical or operational where the change was determined, prior program requirements from the outset is change) should be able to use decreases to construction, not to be a major important to avoid controversy and in fugitive emissions to ‘‘net out’’ of modification. We are proposing minor wasted resources during the permitting major NSR. Rather, we believe that revisions to these provisions to be process. In light of the importance of unlisted sources should treat fugitive explicit that fugitive emissions (to the clear requirements, we propose in this emissions consistently for all purposes extent quantifiable) need only be action that each implementation plan as related to determining the applicability monitored and reported if the emissions a minimum element must be explicit in of major NSR to physical or operational unit or major stationary source in specifying how fugitive emissions are to changes. Accordingly, we propose to question is on the section 302(j) list. be accounted for in all aspects of the add the following language regarding This revision provides for consistent minor NSR program. ‘‘creditable’’ emissions increases and treatment of fugitive emissions before We recently proposed minor NSR and decreases at §§ 51.165(a)(1)(vi)(C)(4), and after the physical or operational nonattainment major NSR regulations 51.166(b)(3)(iii)(d), and change. The proposed revision affects for sources in those areas of Indian 52.21(b)(3)(iii)(c): §§ 51.165(a)(6)(iii) and (iv), country where tribes do not have an For an increase or decrease in fugitive 51.166(r)(6)(iii) and (iv), and EPA-approved implementation plan. emissions (to the extent quantifiable), it 52.21(r)(6)(iii) and (iv). (See 71 FR 48703.) We proposed in the occurs at an emissions unit that belongs to Finally, we are proposing to delete a minor NSR rule to require minor one of the source categories listed in [the paragraph in each of the major NSR sources to include fugitive emissions to section 302(j) list that appears in the regulations that is no longer necessary. the extent quantifiable for applicability definition of ‘‘major stationary source’’] or These were the original paragraphs purposes for all sources, or include the major stationary source belongs to one of placed in the rules to implement section them only for source categories listed the listed source categories. 302(j) of the Act. However, after the pursuant to section 302(j), or exclude The final definition change we are definition of ‘‘major stationary source’’ them for all sources. In the final tribal proposing in this action is for ‘‘fugitive was revised to include the section 302(j) minor NSR rule, we will adopt one of emissions.’’ For this term, we propose to list, and we finalized our policy these proposed approaches. Since we add subparagraphs to summarize how (proposed to be reversed by this action) fugitive emissions are to be addressed in that fugitive emissions must be counted 4 There are currently no approved tribal minor each section and to refer the reader to for all source categories in major NSR programs.

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will be explicitly addressing fugitive We now believe, however, that the of the Clean Air Act—1975, Subcomm. emissions in the final minor NSR rule absence of reference to ‘‘major on Environmental Pollution, Sen. in Indian country, we will be acting modification’’ in section 302(j) simply Comm. on Public Works, Apr. 22, 1975, consistently with the approach for does not dispose of the issue. For PSD S. Rept. No. 94–H10, Pt. 1 at 757 minor NSR programs that we are at least, Congress only added major (statement of David M. Anderson, proposing in this action. modifications to the program in Bethlehem Steel Corp. to effect that We solicit comment on all aspects of ‘‘technical and conforming control of fugitive emissions would be our proposal regarding minor NSR. We amendments’’ after enacting the 1977 enormously costly but would have ‘‘a also solicit comment on whether we Clean Air Act Amendments and even as net negative environmental impact’’); should include rule language in 40 CFR to nonattainment major NSR, defined id., Pt. 2, App. A at 2026 (statement of 51.160 (for example, at § 51.160(e)) to ‘‘modification’’ only by cross-reference. Cast Metals Federation) (fugitive require State, local, and tribal minor Similarly, the legislative history is emissions control at nonferrous metals NSR programs to directly address scant; Congress simply adverted to its smelters extremely costly with adverse fugitive emissions in minor NSR rules. desire to ‘‘conform [the PSD definition energy impacts and no improvement in of construction] to usage in other parts air quality). But see id., App. B at 2232– D. What is the rationale for this action? of the Act.’’ (See 123 Cong. Rec. 36331 33 (EPA written responses to Committee 1. The Newmont Petition (Nov. 1, 1977).) We cannot conclude questions) (for some industries fugitive from the statutory text or the legislative control can be critical to attainment of The thrust of Newmont’s petition for history what Congress explicitly standards). reconsideration is twofold: intended on this point; the evidence is In light of this legislative history, it is • The EPA did not comply with the simply too ambiguous. Accordingly, we reasonable to read section 302(j) of the requirements of section 302(j) of the Act believe that we continue to have Act as reflecting a decision by Congress when we included fugitive emissions in discretion under the second prong of that it simply did not know enough to the definitions of ‘‘baseline actual Chevron, USA v. NRDC, 467 U.S. 837, make the critical decisions regarding the emissions’’ and ‘‘projected actual 842–43 (1984), to adopt ‘‘a permissible extent to which fugitive emissions emissions’’ for purposes of determining construction of the statute.’’ should be included in threshold whether a change at a facility applicability determinations both for constitutes a ‘‘major modification.’’ 2. Proposed Actions • purpose of determining whether a The EPA did not provide notice or We believe that Section 302(j) source is a major source, and whether a an opportunity for comment on this evinces, at a minimum, an intent by physical or operational change approach, since these definitions were Congress to require a special look at constitutes a modification. Rather, we not proposed in the 1996 proposed fugitive emissions for purposes of believe Congress assigned the resolution major NSR revisions (see 61 FR 38250, calculating a source’s emissions. The of these complex issues to EPA. As July 23, 1996). statute is silent or ambiguous on the noted above, EPA’s earliest, most nearly As we noted in the 1984 and 1989 applicability of section 302(j) to the contemporaneous construction of the Federal Register notices where we question of whether a physical or statute in the 1980 rules took it for proposed and finalized the interpretive operational change is a modification. granted that the treatment of fugitive ruling that established our existing That is, we do not believe that the Act emissions for purposes of modification approach to fugitive emissions for major precludes us from applying the section calculations would be addressed modifications, the language of the Act 302(j) restrictions on counting fugitive identically with the same issue for does not resolve the issue of whether emissions to the methodology for major source determinations. the fugitive emissions provisions of determining whether a physical and For policy and programmatic reasons, section 302(j) were intended by operation change constitutes a major we now believe that it is better to adopt Congress to apply to major modification. Moreover, although no a uniform approach to these threshold modifications as well as major sources. authoritative conference or committee determinations. Analyzing 302(j) On its face, section 302(j) mandates report addresses the issue of how functionally, we conclude that it is rulemaking only for determining fugitive emissions should be covered, reasonable to interpret section 302(j) to whether a new source is to be there are numerous examples in require EPA to conduct rulemaking to considered a ‘‘major stationary source,’’ committee hearings on the bills that led identify source categories that should and does not explicitly address major up to the 1977 Amendments of industry include their fugitive emissions for all modifications. Neither does the testimony to the effect that in many threshold applicability purposes. The definition of ‘‘modification’’ in section cases fugitive emissions would not be concerns appearing in the legislative 111(a)(4) address the issue. As susceptible to control or would be history relating to fugitive emissions are discussed above, in our 1989 notice we exceedingly costly to control, or would the same when evaluating whether a also noted that interpreting section be infeasible to measure. See e.g project at an existing source is a 302(j) to exempt fugitive emissions from Hearings on Clean Air Act Amendments modification as they are when modification calculations ran counter to of 1977, Subcomm. on Health and the evaluating whether a source is a major our longstanding practice, and reasoned Environment, House Comm. on source. Our current, differentiated that if Congress meant the 302(j) Interstate and Foreign Commerce, approach can lead to incongruous rulemaking provision to cover major March 11, 1977, H.R. Rep. No. 95–59 at results. For example, at an existing modifications, it would have said so. 1327 (statement of Earl Mallick, source in a source category not on the We believe this interpretation remains a American Iron and Steel Inst.) (high section 302(j) list that is undergoing a permissible construction of the statute, costs of controlling fugitive emissions); physical or operational change, the and that since the time we finalized the id., Part 2, March 18, 1975, H.R. Rept. fugitive emissions from the source interpretive ruling in 1989, we required No. 94–25 at 690 (testimony of Fred would not be counted in determining that fugitive emissions be included in Tucker, National Steel Corp.) whether the source is a major source major modification determinations. For (impossible to comply with state (the first major NSR applicability these reasons, we disagree with petition implementation plan limits on fugitive criterion), yet the increase in fugitive on both counts. emissions); Hearings on Implementation emissions resulting from the change

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would be counted to determine whether these changes through a change in specifically on the ability of State, local, the project qualifies as a major interpretation of existing language in the and tribal authorities to implement this modification (the second criterion). approved SIP without the need to revise approach through interpretation, Furthermore, if an existing major source the SIP. without rulemaking. in a source category not listed under For any State or local authority that can implement the changes without V. Guiding Principles for Determining section 302(j) engages in a physical or Fugitive Emissions operational change that creates a revising its approved SIP, we propose significant volume of fugitive emissions, that the changes become effective when In our major NSR and Title V permit consideration of its fugitive emissions the reviewing authority publicly rules, ‘‘fugitive emissions’’ means when calculating whether the change announces that it accepts these changes ‘‘those emissions which could not constitutes a modification may be a by interpretation. Although no SIP reasonably pass through a stack, crucial factor in the determination. change may be necessary in certain chimney, vent, or other functionally Thus, we believe our assertion in the areas that adopt these changes by equivalent opening.’’ In practice, we 1984 notice (see 49 FR 43213–14) that interpretation, we encourage State and interpret the phrase ‘‘could not the interpretation that we proposed then local authorities in such areas to make reasonably pass’’ by determining ‘‘likely would not impose new such SIP changes in the future to whether such emissions can be regulatory burdens’’ was not correct; our enhance the clarity of the existing rules. reasonably collected or captured (e.g. interpretation proposed in 1984 and For areas that would revise their SIPs enclosures or hoods). Under this finalized in 1989 imposed a new to adopt these changes, the changes interpretation, it is axiomatic that any regulatory burden on major sources in a would not be effective in such areas emissions actually collected or captured source category not on the section 302(j) until we approve the SIP revision. We by the source are non-fugitive list, since their fugitive emissions would propose to require that such State and emissions. The answer is less clear be counted in determining whether they local authorities submit revisions to when the source is not currently had made a change constituting a SIPs to reflect requirements that are at collecting or capturing the emissions. In modification. least as stringent as the minimum these circumstances, we make case-by- In summary, the proposed rules that program elements we adopt in a final case determinations as to whether a we are publishing in this action rule within 3 years after the rule’s source could reasonably collect or eliminate the existing requirement that promulgation date. We also propose that capture such emissions. fugitive emissions be counted in major State and local authorities may maintain Our past determinations articulate a modification determinations for all NSR program elements that have the number of principles we use in making source categories, whether or not listed effect of making their regulations more these case-by-case determinations, pursuant to section 302(j). We are stringent than the final rules, but that a though none may express the entirety of proposing that only source categories State and local authority submit an our policy. Moreover, some EPA that we list pursuant to section 302(j) explanation for that conclusion to EPA memoranda, when viewed in isolation, would be required to count fugitive by the SIP submission deadline. may appear to provide divergent We also propose to require that State, emissions when evaluating whether a positions. Accordingly, we rearticulate local, and subject tribal authorities project is a major modification. We our guiding principles in making these explicitly specify in their solicit comment on all aspects of this case-by-case determinations, and implementation plans how the proposed approach and our rationale for expand the explanation of these reviewing authority will treat fugitive it. principles to enhance the understanding emissions in all aspects of their minor of the regulated community. IV. When would these proposed NSR program. Section 110(a)(2)(C) of Specifically, EPA proposes to use the changes take effect in the Federal PSD the Act provides us with authority to following guiding principles in Program, and Must States revise their specify the inclusion of this minimum determining whether emissions qualify State Implementation Plans (SIPs) to element in State, local, and tribal minor as fugitive: incorporate this proposed action? NSR programs. We further propose to 1. Determining which emissions We propose that these changes take require State, local, and subject tribal could ‘‘reasonably pass’’ is a case-by- effect in the Federal PSD permit authorities to submit this information case decision based on whether or not program within 60 days from when we within 3 years from the promulgation the emissions can be reasonably promulgate the final rule. This means date of the final rule. collected or captured. that we would apply these rules in any We acknowledge that some States and 2. Because another similar facility area without a SIP-approved PSD localities may need to regulate collects, captures, or controls emissions Program for which we are the reviewing additional fugitive emissions under the does not mean that it is reasonable for authority, or for which we delegated our implementation plan for attainment others to do the same, but it is a factor authority to issues permits to a State, purposes. We do not intend to preclude in each consideration. (a) If a source already collects or local or tribal reviewing authority. such regulation in either major or minor We also propose to establish these NSR where necessary to achieve the captures and discharges the emissions proposed requirements as minimum purposes of the Act. Our proposed through a stack, chimney, vent or other program elements of the PSD and action would not prohibit a reviewing functionally equivalent opening, then nonattainment NSR programs. authority from requiring control of such emissions are non-fugitive at that Notwithstanding this requirement, it fugitive emissions or modeling of source. (b) If we establish a national may not be necessary for a State or local quantifiable fugitive emissions, emissions standard or regulation that authority to revise its SIP begin to regardless of source category, where requires some sources in the source implement these changes.5 Some State such measures might be considered category to collect or capture and or local authorities may be able to adopt necessary for compliance with a NAAQS or for other environmental control such emissions, then this weighs 5 Currently, there are no tribal permitting agencies protection purposes. heavily towards a finding that the with an approved TIP to implement the major NSR We solicit comment on this proposal emissions are non-fugitive at other permitting program. for revising implementation plans and sources in this category; and,

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(c) The more common collection or these presumptions as no more than appropriate, because permitting capture of such emissions is by other suggesting a starting point for the case- authorities tend to accept higher similar sources the more heavily this by-case analysis.8 These guiding collection, capture, and control costs as factor should weigh toward a finding principles recognize that our existing reasonable in areas where air quality that collection is reasonable. guidance does not establish a non- problems are more severe. 3. The cost to collect or capture rebuttable presumption, and does not Finally, as technology improved, the emissions is a factor when considering attempt to establish a specific technical feasibility to collect or capture what is ‘‘reasonable.’’ methodology States must use in virtually any source of emissions (a) The combined costs to collect or conducting the case-by-case analysis. likewise evolved. For example, it is capture and control emissions can be However, the expanded principles technically feasible to build a large used as an alternative measure for the explain how States should weigh capture device to collect virtually any costs of emissions capture or collection collection or capture of emissions by type of process emissions. Yet, these alone in the case-by-case analysis; other similar sources in that analysis. captured emissions may contain air (b) The surrounding air quality (e.g., In conducting this analysis, we expect pollutants in such small concentrations nonattainment areas) is a consideration that a reviewing authority could reach that there is no technically or when deciding if costs (collection, different conclusions depending on economically feasible method to control capture, control) are reasonable, and, whether it conducts the analysis for a the emissions once captured. Yet, under (c) If it is not technically or new or existing emissions unit. For a strict interpretation of whether economically feasible to control the example, costs and technical feasibility emissions are ‘‘reasonably collected,’’ emissions, then collection or capture of may outweigh the consideration that we could find that such emissions are such emissions may not be reasonable. other sources in the source category are non-fugitive because they are reasonably We believe that the three overarching subject to a national emissions standard collectable. Nonetheless this would fail principles represent our existing policy or regulation as outlined in criteria 2(b) to provide meaning to the term ‘‘fugitive on defining fugitive emissions. above, and a reviewing authority could emissions’’ as intended by Congress. Moreover, we believe that these conclude that such emissions are As expressed by the Alabama Power proposed expansions on these basic fugitive for an existing source even court, concepts represent a reasonable when they would find that they are non- In the general definitional section of the interpretation of our existing regulatory fugitive at a new source. Act, section 302(j), Congress employed the language to be applied to future fugitive Although costs have always been a term ‘‘fugitive emissions’’ to refer to one emission determinations. Accordingly, consideration in determining whether manner of emission of any air pollutant. As we are not proposing specific changes to emissions are fugitive, we historically commonly understood, emissions, from an ‘‘industrial point source’’ include emissions the existing regulatory language to focused on the cost of collection or emanating from a stack or from a chimney. accommodate this proposal. capture and not the cost of control. By contrast, ‘‘fugitive emissions’’ are Nonetheless, we request comment on Notwithstanding our past practice, we emissions from a facility that escape from the specific ideas expressed in our believe that it is reasonable to consider other than from a point source.’’ 9 expanded explanations, and on whether the cost and economic feasibility of In our proposed 1979 major NSR rule, this approach should be implemented control in determining whether we followed this common under the existing regulatory language, emissions can be reasonably captured or understanding of the term ‘‘fugitive or whether regulatory changes to the collected. For example, the cost of emissions.’’ When we finalized our rule specific definition of fugitive emissions controlling emissions may be helpful in in 1980, we changed the definition of are needed or desired to implement this the analysis if cost data on collection, fugitive emissions from those emissions proposal. capture and control in the aggregate is ‘‘which do not reasonably pass’’ through Our second principle relates to a more available or more easily calculated a stack or vent, to those that ‘‘could not concept we established in one of our than cost data on collection or capture reasonably pass’’ to avoid creating a initial guidance memorandums defining alone. disincentive for a source to collect and fugitive emissions. Specifically, we Thus, we propose that the reviewing control emissions when technically and indicated that a consideration in the authority may consider the economically feasible. It was not our case-by-case analysis is whether reasonableness of the combined costs of intent to interpret the term in a way that emissions are ‘‘ordinarily’’ collected or capture or collection and control as an could eliminate the distinction between captured by other sources in the source alternative to considering only the cost fugitive and non-fugitive emissions. category. In subsequent memoranda, we of collection or capture. Notably, Accordingly, we believe that when the interchanged the term ‘‘ordinarily’’ for however, we expect permitting only reason to collect or capture such 6 ‘‘commonly.’’ In a more recent authorities to find higher costs emissions would be to control the memorandum, we describe this element reasonable when considering combined emissions, and there is no technical or 7 in terms of a presumption. We view costs as an alternative compared to what economically feasible means to control would be reasonable if considering the emissions, then collecting the 6 Compare Memo from Gerald A. Emison, capture or collection costs alone. We emissions is nonsensical, and thus, may Director, Office of Air Quality Planning and also believe that accounting for the Standards to David P. Howekamp, Director, Air not be reasonable. Management Division, Region IX, Emissions from differences in attainment status is Although this aspect of our principles Landfills (Oct. 6, 1987) (landfills are not ordinarily may expand on how we historically constructed with gas collection systems) to Memo Division, Interpretation of the Definition of Fugitive considered costs in a case-by-case from John S. Seitz, Director, Office of Air Quality Emissions in Parts 70 and 71 (Feb. 10, 1999). Planning and Standards, to Director, Air, Pesticides 8 Recent case law suggests that the Agencies analysis, we believe that this and Toxics Management Division, Region I and V, posses a limited ability to establish presumptions interpretation remains fully consistent et al., Classification of Emissions from Landfills for through guidance. See e.g. General Elec. Co. v. EPA, with Congress’ intent in distinguishing NSR Applicability Purposes (Oct. 21, 1994) (* * * 290 F.3d 377 (D.C. Cir. 2002) (document stating fugitive emissions from non-fugitive use of systems has become more common). without qualification that a certain value may be 7 See e.g. Memo from Thomas C. Curran, Director, used to satisfy regulation was substantive rule; emissions in the Act. The promulgated Information Transfer and Program Integration created norm or safe harbor that private parties can Division, to Judith M. Katz, Director, Air Protection rely on). 9 Alabama Power v. Costle, 636 F.2d at 368.

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302(j) list includes the source categories Division; U.S. Environmental Protection adverse economic impact on small listed in section 169(1) of the Act, Agency (2822T); 1200 Pennsylvania entities, since the primary purpose of which is the definition of ‘‘major Avenue, NW., Washington, DC 20460 or the regulatory flexibility analyses is to emitting facility’’ for purposes of PSD. by calling (202) 566–1672. identify and address regulatory In the preamble to the 1980 major NSR Burden means the total time, effort, or alternatives ‘‘which minimize any rules, we noted that the Alabama Power financial resources expended by persons significant economic impact of the rule court stated that Congress’ intention in to generate, maintain, retain, or disclose on small entities.’’ 5 U.S.C. 603 and 604. establishing the list of source categories or provide information to or for a Thus, an agency may certify that a rule in section 169(1) of the Act was to Federal agency. This includes the time will not have a significant economic identify facilities which, due to their needed to review instructions; develop, impact on a substantial number of small size, are financially able to bear the acquire, install, and utilize technology entities if the rule relieves regulatory substantial regulatory costs imposed by and systems for the purposes of burden, or otherwise has a positive the PSD provisions and which, as a collecting, validating, and verifying economic effect on all of the small group, are primarily responsible for information, processing and entities subject to the rule. emission of the deleterious pollutants maintaining information, and disclosing A Regulatory Flexibility Act that befoul our nation’s air. 45 FR and providing information; adjust the Screening Analysis (RFASA) developed 52691. Thus, the purpose of the fugitive existing ways to comply with any as part of a 1994 draft Regulatory Impact emissions inquiry is to determine which previously applicable instructions and Analysis (RIA) and incorporated into emissions should count for determining requirements; train personnel to be able the September 1995 ICR renewal source size with a view towards to respond to a collection of analysis, showed that the changes to the requiring large sources to install information; search data sources; NSR program due to the 1990 Clean Air pollution controls. If the emissions complete and review the collection of Act amendments would not have an cannot be controlled, then it is information; and transmit or otherwise adverse impact on small entities. This reasonable to consider this factor in disclose the information. analysis encompassed the entire determining whether such emissions An agency may not conduct or universe of applicable major sources sponsor, and a person is not required to can be ‘‘reasonably’’ collected or that were likely to also be small respond to, a collection of information captured. businesses (approximately 50 ‘‘small unless it displays a currently valid OMB business’’ major sources). Because the VI. Statutory and Executive Order control number. The OMB control administrative burden of the NSR Reviews numbers for EPA’s regulations in 40 program is the primary source of the CFR are listed in 40 CFR part 9. A. Executive Order 12866: Regulatory NSR program’s regulatory costs, the Planning and Review C. Regulatory Flexibility Act analysis estimated a negligible ‘‘cost to Under Executive Order (EO) 12866 The Regulatory Flexibility Act (RFA) sales’’ (regulatory cost divided by the (58 FR 51735, October 4, 1993), this generally requires an agency to prepare business category mean revenue) ratio action is a ‘‘significant regulatory a regulatory flexibility analysis of any for this source group. Currently, and as action.’’ This action is likely to raise rule subject to notice and comment reported in the current ICR, there is no novel legal or policy issues arising out rulemaking requirements under the economic basis for a different of legal mandates, the President’s Administrative Procedure Act or any conclusion. priorities, or the principles set forth in other statute unless the agency certifies We believe the proposed rule changes the Executive Order. Accordingly, EPA that the rule will not have a significant in this proposed rule will reduce the submitted this action to the Office of economic impact on a substantial regulatory burden associated with the Management and Budget (OMB) for number of small entities. Small entities major NSR program for sources, review under EO 12866 and any include small businesses, small including small businesses, that are not changes made in response to OMB organizations, and small governmental included in the section 302(j) list. The recommendations have been jurisdictions. proposed rule will not affect sources, documented in the docket for this For purposes of assessing the impacts including small businesses, that are action. of this proposed action on small included in the section 302(j) list; entities, small entity is defined as: (1) A regulatory requirements for these B. Paperwork Reduction Act small business as defined by the Small sources will be unchanged. This action does not impose an Business Administration’s (SBA) The proposed rule changes will information collection burden under the regulations at 13 CFR 121.201; (2) a improve the clarity of the requirements provisions of the Paperwork Reduction small governmental jurisdiction that is a for unlisted major sources, and may Act, 44 U.S.C. 3501 et seq. We are not government of a city, county, town, prevent some physical or operational promulgating any new paperwork school district, or special district with a changes at such sources from qualifying requirements (e.g., monitoring, population of less than 50,000; or (3) a as major modifications when they reporting, recordkeeping) as part of this small organization that is any not-for- would have been major modifications proposed action. The OMB has profit enterprise that is independently under the currently existing rules. Thus, previously approved the information owned and operated and is not the effect of the proposed rule changes collection requirements contained in the dominant in its field. will be to improve the operational existing regulations (40 CFR parts 51 After considering the economic flexibility of unlisted major sources. We and 52) under the provisions of the impacts of this proposed action on small have therefore concluded that this Paperwork Reduction Act, 44 U.S.C. entities, I certify that this action will not proposed action will relieve regulatory 3501 et seq., and has assigned OMB have a significant economic impact on burden for all affected small entities. We control number 2060–0003, EPA ICR a substantial number of small entities. continue to be interested in the number 1230.17. A copy of the OMB In determining whether a rule has a potential impacts of the proposed rule approved Information Collection significant economic impact on a on small entities and welcome Request (ICR) may be obtained from substantial number of small entities, the comments on issues related to such Susan Auby, Collection Strategies impact of concern is any significant impacts.

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D. Unfunded Mandates Reform Act operators (with an attendant decrease in These proposed changes will benefit Title II of the Unfunded Mandates the number of major modification reviewing authorities and the regulated Reform Act of 1995 (UMRA), P.L. 104– applications that reviewing authorities community, including any major source 4, establishes requirements for Federal must process). Thus, this proposed owned by a tribal government or located agencies to assess the effects of their action is not subject to the requirements in or near tribal land, by providing regulatory actions on State, local, and of sections 202 and 205 of the UMRA. increased certainty as to when to count EPA has determined that this rule tribal governments and the private fugitive emissions within the NSR contains no regulatory requirements that sector. Under section 202 of the UMRA, program. In addition, some physical or might significantly or uniquely affect EPA generally must prepare a written operational changes that would be small governments, for the same reasons statement, including a cost-benefit considered major modifications under stated above. analysis, for proposed and final rules the existing rules may not be treated as with ‘‘Federal mandates’’ that may E. Executive Order 13132: Federalism such under the revised rules, providing greater operational flexibility to sources. result in expenditures to State, local, Executive Order 13132, entitled We anticipate that the changes in this and tribal governments, in the aggregate, ‘‘Federalism’’ (64 FR 43255, August 10, proposed rule will result in a small or to the private sector, of $100 million 1999), requires EPA to develop an decrease in the burden imposed upon or more in any one year. Before accountable process to ensure reviewing authorities. These revisions promulgating an EPA rule for which a ‘‘meaningful and timely input by State will ultimately provide greater written statement is needed, section 205 and local officials in the development of operational flexibility to permitted of the UMRA generally requires EPA to regulatory policies that have federalism sources, which will in turn reduce the identify and consider a reasonable implications.’’ ‘‘Policies that have overall burden of the program on number of regulatory alternatives and federalism implications’’ is defined in permitting authorities by reducing the adopt the least costly, most cost- the Executive Order to include number of required major NSR permits effective or least burdensome alternative regulations that have ‘‘substantial direct for major modifications. No tribal that achieves the objectives of the rule. effects on the States, on the relationship government currently has an approved The provisions of section 205 do not between the national government and tribal implementation plan (TIP) under apply when they are inconsistent with the States, or on the distribution of the Act to implement the NSR program; applicable law. Moreover, section 205 power and responsibilities among the therefore the Federal government is allows EPA to adopt an alternative other various levels of government.’’ currently the NSR reviewing authority than the least costly, most cost-effective This proposed rule does not have in Indian country. Thus, tribal or least burdensome alternative if the federalism implications. It will not have governments should not experience Administrator publishes with the final substantial direct effects on the States, added burden from this proposed rule, rule an explanation why that alternative on the relationship between the national nor should their laws be affected with was not adopted. Before EPA establishes government and the States, or on the respect to implementation of this rule. any regulatory requirements that may distribution of power and Thus, Executive Order 13175 does not significantly or uniquely affect small responsibilities among the various apply to this rule. governments, including tribal levels of government, as specified in EPA specifically solicits additional governments, it must have developed Executive Order 13132. In addition, we comment on this proposed rule from under section 203 of the UMRA a small believe the proposed rule changes will tribal officials. government agency plan. actually reduce the regulatory burden The plan must provide for notifying associated with the major NSR program G. Executive Order 13045: Protection of potentially affected small governments, by improving the operational flexibility Children From Environmental Health enabling officials of affected small of owners and operators, with an and Safety Risks governments to have meaningful and attendant decrease in the number of Executive Order 13045: ‘‘Protection of timely input in the development of EPA major modification applications that Children from Environmental Health regulatory proposals with significant reviewing authorities must process. Risks and Safety Risks’’ (62 FR 19885, Federal intergovernmental mandates, Thus, Executive Order 13132 does not April 23, 1997), applies to any rule that: and informing, educating, and advising apply to this rule. In the spirit of (1) Is determined to be ‘‘economically small governments on compliance with Executive Order 13132, and consistent significant’’ as defined under Executive the regulatory requirements. with EPA policy to promote Order 12866; and (2) concerns an The EPA has determined that this rule communications between EPA and State environmental health or safety risk that does not contain a Federal mandate that and local governments, EPA specifically EPA has reason to believe may have a may result in expenditures of $100 solicits comment on this proposed rule disproportionate effect on children. If million or more for State, local, and from State and local officials. the regulatory action meets both criteria, tribal governments, in the aggregate, or the Agency must evaluate the the private sector in any 1 year. The F. Executive Order 13175: Consultation environmental health or safety effects of change in this rule is expected to result and Coordination With Indian Tribal the planned rule on children, and in a small, one-time increase in the Governments explain why the planned regulation is burden imposed upon reviewing Executive Order 13175, entitled preferable to other potentially effective authorities in order for the revised rules ‘‘Consultation and Coordination with and reasonably feasible alternatives to be included in the State’s SIP (except Indian Tribal Governments’’ (65 FR considered by the Agency. in States that determine that they can 67249, November 9, 2000), requires EPA This proposed rule is not subject to implement the approach in this to develop an accountable process to the Executive Order because it is not proposed action without a SIP revision). ensure ‘‘meaningful and timely input by economically significant as defined in In addition, we believe the proposed tribal officials in the development of Executive Order 12866, and because the rules changes will actually reduce the regulatory policies that have tribal Agency does not have reason to believe regulatory burden associated with the implications.’’ This proposed rule does the environmental health or safety risks major NSR program by improving the not have tribal implications, as specified addressed by this action present a operational flexibility of owners and in Executive Order 13175. disproportionate risk to children.

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H. Executive Order 13211: Actions That Lead, Nitrogen dioxide, Ozone, (ix) Fugitive emissions means those Significantly Affect Energy Supply, Particulate matter, Reporting and emissions which could not reasonably Distribution, or Use recordkeeping requirements, Sulfur pass through a stack, chimney, vent or This rule is not a ‘‘significant energy oxides, Transportation, Volatile organic other functionally equivalent opening. action’’ as defined in Executive Order compounds, Fugitive emissions. Fugitive emissions, to the extent 13211, ‘‘Actions Concerning Regulations Dated: November 5, 2007. quantifiable, are addressed as follows That Significantly Affect Energy Supply, for the purposes of this section: Stephen L. Johnson, (A) In determining whether a Distribution, or Use’’ (66 FR 28355, May Administrator. stationary source or modification is 22, 2001) because it is not likely to have For the reasons set out in the major, fugitive emissions from an a significant adverse effect on the preamble, title 40, chapter I of the Code emissions unit are included only if the supply, distribution, or use of energy. of Federal Regulations is proposed to be unit or stationary source belongs to one We believe the proposed rule changes amended as follows: of the source categories listed in may actually reduce the regulatory paragraph (a)(1)(iv)(C) of this section. PART 51—[AMENDED] burden associated with the major NSR (See paragraphs (a)(1)(iv)(C) and program, and may therefore have a (a)(1)(v)(G) of this section.) positive effect on the supply, 1. The authority citation for part 51 continues to read as follows: (B) For purposes of determining the distribution, or use of energy, by net emissions increase associated with a improving the operational flexibility of Authority: 23 U.S.C. 101; 42 U.S.C. 7401– project, an increase or decrease in 7671q owners and operators. fugitive emissions is creditable only if it I. National Technology Transfer and Subpart I—[Amended] occurs at an emissions unit that belongs Advancement Act to one of the source categories listed in 2. Section 51.165 is amended as paragraph (a)(1)(iv)(C) of this section or Section 12(d) of the National follows: the major stationary source belongs to Technology Transfer and Advancement a. By adding paragraph (a)(1)(v)(G). one of the listed source categories. (See Act of 1995 (NTTAA), Public Law No. b. By removing the period at the end paragraph (a)(1)(vi)(C)(4) of this 104–113, 12(d) (15 U.S.C. 272 note) of paragraph (a)(1)(vi)(C)(3) and adding section.) directs EPA to use voluntary consensus ‘‘; and’’ in its place. (C) For purposes of determining the standards in its regulatory activities c. By adding paragraph (a)(1)(vi)(C)(4). projected actual emissions of an unless to do so would be inconsistent d. By revising paragraph (a)(1)(ix). emissions unit after a project, fugitive with applicable law or otherwise e. By revising paragraphs emissions are included only if the impractical. (a)(1)(xxviii)(B)(2) and emissions unit belongs to one of the Voluntary consensus standards are (a)(1)(xxviii)(B)(4). source categories listed in paragraph technical standards (e.g., materials f. By revising paragraphs (a)(1)(iv)(C) of this section or is located specifications, test methods, sampling (a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1), at a major stationary source that belongs procedures, and business practices) that (a)(1)(xxxv)(C), and (a)(1)(xxxv)(D). to one of the listed source categories. are developed or adopted by voluntary g. By revising paragraph (a)(2)(ii)(B). (See paragraph (a)(1)(xxviii)(B)(2) of this consensus standards bodies. The h. By removing and reserving section. NTTAA directs EPA to provide paragraph (a)(4). (D) For purposes of determining the Congress, through OMB, explanations i. By revising paragraphs (a)(6)(iii) baseline actual emissions of an when the Agency decides not to use and (a)(6)(iv). emissions unit, fugitive emissions are available and applicable voluntary j. By revising paragraph (f)(4)(i)(D). included only if the emissions unit consensus standards. The revisions and additions read as belongs to one of the source categories This proposed rulemaking does not follows: listed in paragraph (a)(1)(iv)(C) of this involve technical standards. Therefore, section or is located at a major § 51.165 Permit requirements. EPA is not considering the use of any stationary source that belongs to one of voluntary consensus standards. (a) * * * the listed source categories, except that, (1) * * * VII. Statutory Authority for a PAL, fugitive emissions shall be (v) * * * included regardless of the source The statutory authority for this action (G) Fugitive emissions shall not be category. (See paragraphs is provided by sections 101, 107, 110, included in determining for any of the (a)(1)(xxx)(A)(1), (a)(1)(xxx)(B)(1), and 301 of the Act as amended (42 purposes of this section whether a (a)(1)(xxx)(C), and (a)(1)(xxx)(D) of this U.S.C. 7401, 7407, 7410, and 7601). physical change in or change in the section.) List of Subjects method of operation of a major (E) In calculating whether a project stationary source is a major will cause a significant emissions 40 CFR Part 51 modification, unless the source belongs increase, fugitive emissions are Administrative practice and to one of the source categories listed in included only for those emissions units procedure, Air pollution control, Carbon paragraph (a)(1)(iv)(C) of this section. that belong to one of the source monoxide, Intergovernmental relations, (vi) * * * categories listed in paragraph Lead, Nitrogen dioxide, Ozone, (C) * * * (a)(1)(iv)(C) of this section, or for all Particulate matter, Reporting and (4) For an increase or decrease in emissions units if the major stationary recordkeeping requirements, Sulfur fugitive emissions (to the extent source belongs to one of the listed oxides, Transportation, Volatile organic quantifiable), it occurs at an emissions source categories. (See paragraph compounds, Fugitive emissions. unit that belongs to one of the source (a)(2)(ii)(B) of this section.) categories listed in paragraph (F) For purposes of monitoring and 40 CFR Part 52 (a)(1)(iv)(C) of this section or the major reporting emissions from a project after Administrative practice and stationary source belongs to one of the normal operations have been resumed, procedure, Air pollution control, Carbon listed source categories. fugitive emissions are included only for monoxide, Intergovernmental relations, * * * * * those emissions units that belong to one

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of the source categories listed in (C) For a new emissions unit, the by any emissions units identified in paragraph (a)(1)(iv)(C) of this section, or baseline actual emissions for purposes paragraph (a)(6)(i)(B) of this section; and for all emissions units if the major of determining the emissions increase calculate and maintain a record of the stationary source belongs to one of the that will result from the initial annual emissions, in tons per year on a listed source categories. (See paragraphs construction and operation of such unit calendar year basis, for a period of 5 (a)(6)(iii) and (iv) of this section.) shall equal zero; and thereafter, for all years following resumption of regular (G) For all other purposes of this other purposes, shall equal the unit’s operations after the change, or for a section, fugitive emissions are treated in potential to emit. In the latter case, period of 10 years following resumption the same manner as other, non-fugitive fugitive emissions, to the extent of regular operations after the change if emissions. This includes, but is not quantifiable, shall be included only if the project increases the design capacity limited to, the treatment of fugitive the emissions unit belongs to one of the or potential to emit of that regulated emissions for offsets (see paragraph source categories listed in paragraph NSR pollutant at such emissions unit. (a)(3) of this section) and for PALs (see (a)(1)(iv)(C) of this section or is located For purposes of this paragraph (a)(6)(iii), paragraph (f)(4)(i)(D) of this section). at a major stationary source that belongs fugitive emissions (to the extent * * * * * to one of the listed source categories. quantifiable) shall be monitored if the (xxviii) * * * (D) For a PAL for a major stationary emissions unit belongs to one of the (B) * * * source, the baseline actual emissions source categories listed in paragraph (2) Shall include emissions associated shall be calculated for existing electric (a)(1)(iv)(C) of this section or the major with startups, shutdowns, and utility steam generating units in stationary source belongs to one of the malfunctions; and, for an emissions unit accordance with the procedures listed source categories. that belongs to one of the source contained in paragraph (a)(1)(xxxv)(A) (iv) If the unit is an existing electric categories listed in paragraph of this section, for other existing utility steam generating unit, the owner (a)(1)(iv)(C) of this section or is located emissions units in accordance with the or operator shall submit a report to the at a major stationary source that belongs procedures contained in paragraph reviewing authority within 60 days after to one of the listed source categories, (a)(1)(xxxv)(B) of this section, and for a the end of each year during which shall include fugitive emissions (to the new emissions unit in accordance with records must be generated under extent quantifiable); and the procedures contained in paragraph paragraph (a)(6)(iii) of this section * * * * * (a)(1)(xxxv)(C) of this section, except setting out the unit’s annual emissions, (4) In lieu of using the method set out that fugitive emissions (to the extent as monitored pursuant to paragraph in paragraphs (a)(1)(xxviii)(B)(1) quantifiable) shall be included (a)(6)(iii) of this section, during the year through (3) of this section, may elect to regardless of the source category. that preceded submission of the report. use the emissions unit’s potential to * * * * * * * * * * emit, in tons per year, as defined under (2) * * * (f) * * * paragraph (a)(1)(iii) of this section. For (ii) * * * (4) * * * this purpose, if the emissions unit (B) The procedure for calculating (i) * * * belongs to one of the source categories (before beginning actual construction) (D) The PAL shall include fugitive listed in paragraph (a)(1)(iv)(C) of this whether a significant emissions increase emissions, to the extent quantifiable, section or is located at a major (i.e., the first step of the process) will from all emissions units that emit or stationary source that belongs to one of occur depends upon the type of have the potential to emit the PAL the listed source categories, the unit’s emissions units being modified, pollutant at the major stationary source, potential to emit shall include fugitive according to paragraphs (a)(2)(ii)(C) regardless of whether the emissions unit emissions (to the extent quantifiable). through (F) of this section. For these or major stationary source belongs to * * * * * calculations, fugitive emissions (to the one of the source categories listed in (xxxv) * * * extent quantifiable) are included only if paragraph (a)(1)(iv)(C) of this section. (A) * * * the emissions unit belongs to one of the * * * * * (1) The average rate shall include source categories listed in paragraph 3. Section 51.166 is amended as emissions associated with startups, (a)(1)(iv)(C) of this section or the major follows: shutdowns, and malfunctions; and, for stationary source belongs to one of the a. By revising paragraph (a)(7)(iv)(b). an emissions unit that belongs to one of listed source categories. The procedure b. By adding paragraph (b)(2)(v). the source categories listed in paragraph for calculating (before beginning actual c. By removing the period at the end (a)(1)(iv)(C) of this section or is located construction) whether a significant net of paragraph (b)(3)(iii)(c) and adding ‘‘; at a major stationary source that belongs emissions increase will occur at the and’’ in its place. to one of the listed source categories, major stationary source (i.e., the second d. By adding paragraph (b)(3)(iii)(d). shall include fugitive emissions (to the step in the process) is contained in the e. By revising paragraph (b)(20). extent quantifiable). definition in paragraph (a)(1)(vi) of this f. By revising paragraphs (b)(40)(ii)(b) * * * * * section. Regardless of any such and (b)(40)(ii)(d). (B) * * * preconstruction projections, a major g. By revising paragraphs (b)(47)(i)(a), (1) The average rate shall include modification results if the project causes (b)(47)(ii)(a), (b)(47)(iii), and (b)(47)(iv). emissions associated with startups, a significant emissions increase and a h. By removing and reserving shutdowns, and malfunctions; and, for significant net emissions increase. paragraph (i)(1)(ii). i. By revising paragraphs (r)(6)(iii) and an emissions unit that belongs to one of * * * * * the source categories listed in paragraph (4) [Reserved] (r)(6)(iv). (a)(1)(iv)(C) of this section or is located j. By revising paragraph (w)(4)(i)(d). * * * * * The revisions and additions read as at a major stationary source that belongs (6) * * * follows: to one of the listed source categories, (iii) The owner or operator shall shall include fugitive emissions (to the monitor the emissions of any regulated § 51.166 Prevention of significant extent quantifiable). NSR pollutant that could increase as a deterioration of air quality. * * * * * result of the project and that is emitted (a) * * *

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(7) * * * (ii) In determining whether a (40) * * * (iv) * * * stationary source or modification is (ii) * * * (b) The procedure for calculating major, fugitive emissions from an (b) Shall include emissions associated (before beginning actual construction) emissions unit are included only if the with startups, shutdowns, and whether a significant emissions increase unit or stationary source belongs to one malfunctions; and, for an emissions unit (i.e., the first step of the process) will of the source categories listed in that belongs to one of the source occur depends upon the type of paragraph (b)(1)(iii) of this section. (See categories listed in paragraph (b)(1)(iii) emissions units being modified, paragraphs (b)(1)(iii) and (b)(2)(v) of this of this section or is located at a major according to paragraphs (a)(7)(iv)(c) section.) stationary source that belongs to one of through (f) of this section. For these (iii) For purposes of determining the the listed source categories, shall calculations, fugitive emissions (to the net emissions increase associated with a include fugitive emissions (to the extent extent quantifiable) are included only if project, an increase or decrease in quantifiable); and the emissions unit belongs to one of the fugitive emissions is creditable only if it * * * * * source categories listed in paragraph occurs at an emissions unit that belongs (d) In lieu of using the method set out (b)(1)(iii) of this section or the major to one of the source categories listed in in paragraphs (b)(40)(ii)(a) through (c) of stationary source belongs to one of the paragraph (b)(1)(iii) of this section or the this section, may elect to use the listed source categories. The procedure major stationary source belongs to one emissions unit’s potential to emit, in for calculating (before beginning actual of the listed source categories. (See tons per year, as defined under construction) whether a significant net paragraph (b)(3)(iii)(d) of this section.) paragraph (b)(4) of this section. For this emissions increase will occur at the (iv) For purposes of determining the purpose, if the emissions unit belongs to major stationary source (i.e., the second projected actual emissions of an one of the source categories listed in step in the process) is contained in the emissions unit after a project, fugitive paragraph (b)(1)(iii) of this section or is definition in paragraph (b)(3) of this emissions are included only if the located at a major stationary source that section. Regardless of any such emissions unit belongs to one of the belongs to one of the listed source preconstruction projections, a major source categories listed in paragraph categories, the unit’s potential to emit modification results if the project causes (b)(1)(iii) of this section or is located at shall include fugitive emissions (to the a significant emissions increase and a a major stationary source that belongs to extent quantifiable). significant net emissions increase. one of the listed source categories. (See paragraph (b)(40)(ii)(b) and (d) of this * * * * * (47) * * * * * * * * section. (b) * * * (v) For purposes of determining the (i) * * * (a) The average rate shall include (2) * * * baseline actual emissions of an emissions associated with startups, (v) Fugitive emissions shall not be emissions unit, fugitive emissions are shutdowns, and malfunctions; and, for included in determining for any of the included only if the emissions unit an emissions unit that belongs to one of purposes of this section whether a belongs to one of the source categories the source categories listed in paragraph physical change in or change in the listed in paragraph (b)(1)(iii) of this (b)(1)(iii) of this section or is located at method of operation of a major section or is located at a major stationary source is a major stationary source that belongs to one of a major stationary source that belongs to modification, unless the source belongs the listed source categories, except that, one of the listed source categories, shall to one of the source categories listed in for a PAL, fugitive emissions shall be include fugitive emissions (to the extent paragraph (b)(1)(iii) of this section. included regardless of the source quantifiable). (3) * * * category. (See paragraphs (b)(47)(i)(a), * * * * * (iii) * * * (b)(47)(ii)(a), (b)(47)(iii), and (b)(47)(iv) (ii) * * * (d) For an increase or decrease in of this section.) (a) The average rate shall include fugitive emissions (to the extent (vi) For purposes of monitoring and emissions associated with startups, quantifiable), it occurs at an emissions reporting emissions from a project after shutdowns, and malfunctions; and, for unit that belongs to one of the source normal operations have been resumed, an emissions unit that belongs to one of categories listed in paragraph (b)(1)(iii) fugitive emissions are included only for the source categories listed in paragraph of this section or the major stationary those emissions units that belong to one (b)(1)(iii) of this section or is located at source belongs to one of the listed of the source categories listed in a major stationary source that belongs to source categories. paragraph (b)(1)(iii) of this section, or one of the listed source categories, shall * * * * * for all emissions units if the major include fugitive emissions (to the extent (20) Fugitive emissions means those stationary source belongs to one of the quantifiable). emissions which could not reasonably listed source categories. (See paragraphs * * * * * pass through a stack, chimney, vent, or (r)(6)(iii) and (iv) of this section.) (iii) For a new emissions unit, the other functionally equivalent opening. (vii) For all other purposes of this baseline actual emissions for purposes Fugitive emissions, to the extent section, fugitive emissions are treated in of determining the emissions increase quantifiable, are addressed as follows the same manner as other, non-fugitive that will result from the initial for the purposes of this section: emissions. This includes, but is not construction and operation of such unit (i) In calculating whether a project limited to, the treatment of fugitive shall equal zero; and thereafter, for all will cause a significant emissions emissions for the application of best other purposes, shall equal the unit’s increase, fugitive emissions are available control technology (see potential to emit. In the latter case, included only for those emissions units paragraph (j) of this section), source fugitive emissions, to the extent that belong to one of the source impact analysis (see paragraph (k) of quantifiable, shall be included only if categories listed in paragraph (b)(1)(iii) this section), additional impact analyses the emissions unit belongs to one of the of this section, or for all emissions units (see paragraph (o) of this section), and source categories listed in paragraph if the major stationary source belongs to PALs (see paragraph (w)(4)(i)(d) of this (b)(1)(iii) of this section or is located at one of the listed source categories. (See section). a major stationary source that belongs to paragraph (a)(7)(iv)(b) of this section.) * * * * * one of the listed source categories.

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(iv) For a PAL for a major stationary regardless of whether the emissions unit (v) Fugitive emissions shall not be source, the baseline actual emissions or major stationary source belongs to included in determining for any of the shall be calculated for existing electric one of the source categories listed in purposes of this section whether a utility steam generating units in paragraph (b)(1)(iii) of this section. physical change in or change in the accordance with the procedures * * * * * method of operation of a major contained in paragraph (b)(47)(i) of this stationary source is a major section, for other existing emissions PART 52—[AMENDED] modification, unless the source belongs units in accordance with the procedures to one of the source categories listed in contained in paragraph (b)(47)(ii) of this 4. The authority citation for part 52 paragraph (b)(1)(iii) of this section. section, and for a new emissions unit in continues to read as follows: (3) * * * accordance with the procedures Authority: 42 U.S.C. 7401, et seq. (iii) * * * contained in paragraph (b)(47)(iii) of (c) For an increase or decrease in this section, except that fugitive Subpart A—[Amended] fugitive emissions (to the extent emissions (to the extent quantifiable) quantifiable), it occurs at an emissions 5. Section 52.21 is amended as unit that belongs to one of the source shall be included regardless of the follows: source category. categories listed in paragraph (b)(1)(iii) a. By revising paragraph (a)(2)(iv)(b). of this section or the major stationary * * * * * b. By adding paragraph (b)(2)(v). source belongs to one of the listed (i) * * * c. By removing the period at the end source categories. (1) * * * of paragraph (b)(3)(iii)(b) and adding ‘‘; (ii) [Reserved] * * * * * and’’ in its place. (20) Fugitive emissions means those * * * * * d. By adding paragraph (b)(3)(iii)(c). emissions which could not reasonably (r) * * * e. By revising paragraph (b)(20). pass through a stack, chimney, vent, or (6) * * * f. By revising paragraphs (b)(41)(ii)(b) other functionally equivalent opening. (iii) The owner or operator shall and (b)(41)(ii)(d). Fugitive emissions, to the extent monitor the emissions of any regulated g. By revising paragraphs (b)(48)(i)(a), quantifiable, are addressed as follows NSR pollutant that could increase as a (b)(48)(ii)(a), (b)(48)(iii), and (b)(48)(iv). for the purposes of this section: result of the project and that is emitted h. By removing and reserving (i) In calculating whether a project by any emissions unit identified in paragraph (i)(1)(vii). will cause a significant emissions paragraph (r)(6)(i)(b) of this section; and i. By revising paragraphs (r)(6)(iii) and increase, fugitive emissions are calculate and maintain a record of the (r)(6)(iv). included only for those emissions units annual emissions, in tons per year on a j. By revising paragraph (aa)(4)(i)(d). that belong to one of the source calendar year basis, for a period of 5 The revisions and additions read as categories listed in paragraph (b)(1)(iii) years following resumption of regular follows: of this section, or for all emissions units operations after the change, or for a if the major stationary source belongs to period of 10 years following resumption § 52.21 Prevention of significant deterioration of air quality. one of the listed source categories. (See of regular operations after the change if paragraph (a)(2)(iv)(b) of this section.) the project increases the design capacity (a) * * * (ii) In determining whether a or potential to emit of that regulated (2) * * * stationary source or modification is NSR pollutant at such emissions unit. (iv) * * * major, fugitive emissions from an For purposes of this paragraph (r)(6)(iii), (b) The procedure for calculating emissions unit are included only if the fugitive emissions (to the extent (before beginning actual construction) unit or stationary source belongs to one quantifiable) shall be monitored if the whether a significant emissions increase of the source categories listed in emissions unit belongs to one of the (i.e., the first step of the process) will paragraph (b)(1)(iii) of this section. (See source categories listed in paragraph occur depends upon the type of paragraphs (b)(1)(iii) and (b)(2)(v) of this (b)(1)(iii) of this section or the major emissions units being modified, section.) stationary source belongs to one of the according to paragraphs (a)(2)(iv)(c) (iii) For purposes of determining the listed source categories. through (f) of this section. For these net emissions increase associated with a (iv) If the unit is an existing electric calculations, fugitive emissions (to the project, an increase or decrease in utility steam generating unit, the owner extent quantifiable) are included only if fugitive emissions is creditable only if it or operator shall submit a report to the the emissions unit belongs to one of the occurs at an emissions unit that belongs reviewing authority within 60 days after source categories listed in paragraph to one of the source categories listed in the end of each year during which (b)(1)(iii) of this section or the major paragraph (b)(1)(iii) of this section or the records must be generated under stationary source belongs to one of the major stationary source belongs to one paragraph (r)(6)(iii) of this section listed source categories. The procedure of the listed source categories. (See setting out the unit’s annual emissions, for calculating (before beginning actual paragraph (b)(3)(iii)(c) of this section.) as monitored pursuant to paragraph construction) whether a significant net (iv) For purposes of determining the (r)(6)(iii) of this section, during the emissions increase will occur at the projected actual emissions of an calendar year that preceded submission major stationary source (i.e., the second emissions unit after a project, fugitive of the report. step in the process) is contained in the emissions are included only if the * * * * * definition in paragraph (b)(3) of this emissions unit belongs to one of the (w) * * * section. Regardless of any such source categories listed in paragraph (4) * * * preconstruction projections, a major (b)(1)(iii) of this section or is located at (i) * * * modification results if the project causes a major stationary source that belongs to (d) The PAL shall include fugitive a significant emissions increase and a one of the listed source categories. (See emissions, to the extent quantifiable, significant net emissions increase. paragraph (b)(41)(ii)(b) and (d) of this from all emissions units that emit or * * * * * section. have the potential to emit the PAL (b) * * * (v) For purposes of determining the pollutant at the major stationary source, (2) * * * baseline actual emissions of an

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emissions unit, fugitive emissions are (a) The average rate shall include annual emissions, in tons per year on a included only if the emissions unit emissions associated with startups, calendar year basis, for a period of 5 belongs to one of the source categories shutdowns, and malfunctions; and, for years following resumption of regular listed in paragraph (b)(1)(iii) of this an emissions unit that belongs to one of operations after the change, or for a section or is located at a major the source categories listed in paragraph period of 10 years following resumption stationary source that belongs to one of (b)(1)(iii) of this section or is located at of regular operations after the change if the listed source categories, except that, a major stationary source that belongs to the project increases the design capacity for a PAL, fugitive emissions shall be one of the listed source categories, shall or potential to emit of that regulated included regardless of the source include fugitive emissions (to the extent NSR pollutant at such emissions unit. category. (See paragraphs (b)(48)(i)(a), quantifiable). For purposes of this paragraph (r)(6)(iii), (b)(48)(ii)(a), (b)(48)(iii), and (b)(48)(iv) * * * * * fugitive emissions (to the extent of this section.) (ii) * * * quantifiable) shall be monitored if the (vi) For purposes of monitoring and (a) The average rate shall include emissions unit belongs to one of the reporting emissions from a project after emissions associated with startups, source categories listed in paragraph normal operations have been resumed, shutdowns, and malfunctions; and, for (b)(1)(iii) of this section or the major fugitive emissions are included only for an emissions unit that belongs to one of stationary source belongs to one of the those emissions units that belong to one the source categories listed in paragraph listed source categories. of the source categories listed in (b)(1)(iii) of this section or is located at (iv) If the unit is an existing electric paragraph (b)(1)(iii) of this section, or a major stationary source that belongs to utility steam generating unit, the owner for all emissions units if the major one of the listed source categories, shall or operator shall submit a report to the stationary source belongs to one of the include fugitive emissions (to the extent Administrator within 60 days after the listed source categories. (See paragraphs quantifiable). end of each year during which records (r)(6)(iii) and (iv) of this section.) * * * * * must be generated under paragraph (vii) For all other purposes of this (iii) For a new emissions unit, the (r)(6)(iii) of this section setting out the section, fugitive emissions are treated in baseline actual emissions for purposes unit’s annual emissions, as monitored the same manner as other, non-fugitive of determining the emissions increase pursuant to paragraph (r)(6)(iii) of this emissions. This includes, but is not that will result from the initial section, during the calendar year that limited to, the treatment of fugitive construction and operation of such unit preceded submission of the report. emissions for the application of best shall equal zero; and thereafter, for all * * * * * available control technology (see other purposes, shall equal the unit’s (aa) * * * paragraph (j) of this section), source potential to emit. In the latter case, (4) * * * impact analysis (see paragraph (k) of fugitive emissions, to the extent (i) * * * this section), additional impact analyses quantifiable, shall be included only if (d) The PAL shall include fugitive (see paragraph (o) of this section), and the emissions unit belongs to one of the emissions, to the extent quantifiable, PALs (see paragraph (aa)(4)(i)(d) of this source categories listed in paragraph from all emissions units that emit or section). (b)(1)(iii) of this section or is located at have the potential to emit the PAL * * * * * a major stationary source that belongs to pollutant at the major stationary source, (41) * * * one of the listed source categories. regardless of whether the emissions unit (ii) * * * (iv) For a PAL for a major stationary or major stationary source belongs to (b) Shall include emissions associated source, the baseline actual emissions one of the source categories listed in with startups, shutdowns, and shall be calculated for existing electric paragraph (b)(1)(iii) of this section. malfunctions; and, for an emissions unit utility steam generating units in * * * * * that belongs to one of the source accordance with the procedures [FR Doc. E7–22131 Filed 11–9–07; 8:45 am] contained in paragraph (b)(48)(i) of this categories listed in paragraph (b)(1)(iii) BILLING CODE 6560–50–P of this section or is located at a major section, for other existing emissions stationary source that belongs to one of units in accordance with the procedures contained in paragraph (b)(48)(ii) of this the listed source categories, shall FEDERAL COMMUNICATIONS section, and for a new emissions unit in include fugitive emissions (to the extent COMMISSION quantifiable); and accordance with the procedures contained in paragraph (b)(48)(iii) of 47 CFR Part 73 * * * * * this section, except that fugitive (d) In lieu of using the method set out emissions (to the extent quantifiable) [DA 07–4312; MB Docket No. 07–220; RM– in paragraphs (b)(41)(ii)(a) through (c) of shall be included regardless of the 11403] this section, may elect to use the source category. emissions unit’s potential to emit, in Radio Broadcasting Services; Ash * * * * * Fork and Paulden, AZ tons per year, as defined under (i) * * * paragraph (b)(4) of this section. For this (1) * * * AGENCY: Federal Communications purpose, if the emissions unit belongs to (vii) [Reserved] Commission. one of the source categories listed in * * * * * paragraph (b)(1)(iii) of this section or is ACTION: Proposed rule. (r) * * * located at a major stationary source that (6) * * * SUMMARY: This document sets forth a belongs to one of the listed source (iii) The owner or operator shall proposal to amend the FM Table of categories, the unit’s potential to emit monitor the emissions of any regulated Allotments, Section 73.202(b) of the shall include fugitive emissions (to the NSR pollutant that could increase as a Commission’s rules, 47 CFR 73.202(b). extent quantifiable). result of the project and that is emitted The Commission requests comment on * * * * * by any emissions unit identified in a petition filed by Sierra H (48) * * * paragraph (r)(6)(i)(b) of this section; and Broadcasting, Inc. (‘‘Petitioner’’). (i) * * * calculate and maintain a record of the Petitioner proposes channel

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substitutions for two vacant allotments than 25 employees,’’ pursuant to the California. Petitioner has filed an contained in the FM Table of Small Business Paperwork Relief Act of application requesting the substitution Allotments, in order to accommodate 2002, Public Law 107–198, see 44 U.S.C. of Channel 262A for existing Channel the allotment of Channel 266C at Cordes 3506 (c)(4). 265A at Station KHGQ(FM), Quincy, Lakes, Arizona. Petitioner proposes the The Provisions of the Regulatory California. To accommodate the substitution of Channel 259A for vacant Flexibility Act of 1980 do not apply to foregoing application, the Commission FM Channel 267A at Ash Fork, Arizona, this proceeding. Members of the public has issued a Notice of Proposed Rule and the substitution of Channel 228C3 should note that from the time a Notice Making proposing to substitute Channel for vacant FM Channel 263C3 at of Proposed Rule Making is issued until 264A for Channel 262A at Susanville, Paulden, Arizona. Channel 259A can be the matter is no longer subject to California. allotted at Ash Fork in compliance with Commission consideration or court DATES: Comments must be filed on or the Commission’s minimum distance review, all ex parte contacts are before December 10, 2007, and reply separation requirements with a site prohibited in Commission proceedings, comments on or before December 26, restriction of 7.4 km (4.6 miles) such as this one, which involve channel 2007. northwest of Ash Fork. The proposed allotments. See 47 CFR 1.1204(b) for ADDRESSES: coordinates for Channel 259A at Ash rules governing permissible ex parte Secretary, Federal Fork are 35–16–13 North Latitude and contacts. Communications Commission, 445 112–32–31 West Longitude. Channel For information regarding proper Twelfth Street, SW., Washington, DC 228C3 can be allotted at Paulden in filing procedures for comments, see 47 20554. In addition to filing comments compliance with the Commission’s CFR 1.415 and 1.420. with the FCC, interested parties should minimum distance separation serve Petitioner’s counsel as follows: requirements with a site restriction of List of Subjects in 47 CFR Part 73 John S. Neely, Esq.; Miller and Neely, 7.7 km (4.8 miles) west of Paulden. The Radio, Radio broadcasting. P.C.; 6900 Wisconsin Ave., Suite 704; Bethesda, Maryland 20815. proposed coordinates for Channel For the reasons discussed in the 228C3 at Paulden are 34–52–16 North preamble, the Federal Communications FOR FURTHER INFORMATION CONTACT: R. Latitude and 112–33–00 West Commission proposes to amend 47 CFR Barthen Gorman, Media Bureau, (202) Longitude. See SUPPLEMENTARY part 73 as follows: 418–2180. INFORMATION infra. SUPPLEMENTARY INFORMATION: This is a DATES: Comments must be filed on or PART 73—RADIO BROADCAST summary of the Commission’s Notice of before December 10, 2007, and reply SERVICES Proposed Rule Making, MB Docket No. comments on or before December 26, 07–221, adopted October 17, 2007, and 1. The authority citation for part 73 2007. released October 19, 2007. The full text continues to read as follows: of this Commission decision is available ADDRESSES: Federal Communications Authority: 47 U.S.C. 154, 303, 334, 336. for inspection and copying during Commission, Washington, DC 20554. In normal business hours in the addition to filing comments with the § 73.202 [Amended] Commission’s Reference Information FCC, interested parties should serve 2. Section 73.202(b), the Table of FM Center, 445 Twelfth Street, SW., counsel for petitioner as follows: Barry Allotments under Arizona, is amended Washington, DC 20554. This document A. Friedman, Esq., Thompson Hine LLP, by removing Channel 267A and by may also be purchased from the Suite 800, 1920 N Street, NW., adding Channel 259A at Ash Fork, and Commission’s duplicating contractors, Washington, DC 20036. by removing Channel 263C3 and by Best Copy and Printing, Inc., 445 12th FOR FURTHER INFORMATION CONTACT: adding Channel 228C3 at Paulden. Street, SW., Room CY–B402, Deborah A. Dupont, Media Bureau (202) Federal Communications Commission. Washington, DC 20554, telephone 1– 418–7072. John A. Karousos, 800–378–3160 or www.BCPIWEB.com. SUPPLEMENTARY INFORMATION: This is a This document does not contain synopsis of the Commission’s Notice of Assistant Chief, Audio Division, Media Bureau. proposed information collection Proposed Rule Making, MB Docket No. [FR Doc. E7–22119 Filed 11–9–07; 8:45 am] requirements subject to the Paperwork 07–220, adopted October 17, 2007, and Reduction Act of 1995, Public Law 104– released October 19, 2007. The full text BILLING CODE 6712–01–P 13. In addition, therefore, it does not of this Commission decision is available contain any proposed information for inspection and copying during collection burden ‘‘for small business normal business hours in the FCC FEDERAL COMMUNICATIONS COMMISSION concerns with fewer than 25 Reference Information Center (Room employees,’’ pursuant to the Small CY–257), 445 12th Street, SW., 47 CFR Part 73 Business Paperwork Relief Act of 2002, Washington, DC 20554. The complete Public Law 107–198, see 44 U.S.C. text of this decision may also be [DA 07–4307; MB Docket No. 07–221; RM– 3506(c)(4). purchased from the Commission’s copy 11402] Provisions of the Regulatory contractor, Best Copy and Printing, Inc., Radio Broadcasting Services; Flexibility Act of 1980 do not apply to 445 12th Street, SW., Room CY–B402, Susanville, CA this proceeding. Washington, DC, 20554, (800) 378–3160, Members of the public should note or via the company’s Web site, AGENCY: Federal Communications that from the time a Notice of Proposed www.bcpiweb.com. This document does Commission. Rule Making is issued until the matter not contain proposed information ACTION: Proposed rule. is no longer subject to Commission collection requirements subject to the consideration or court review, all ex Paperwork Reduction Act of 1995, SUMMARY: This document requests parte contacts are prohibited in Public Law 104–13. In addition, comments on a petition for rule making Commission proceedings, such as this therefore, it does not contain any filed by Hilltop Church (‘‘Petitioner’’), one, which involve channel allotments. proposed information collection burden the licensee of noncommercial See 47 CFR 1.1204(b) for rules ‘‘for small business concerns with fewer educational station KHGQ(FM), Quincy, governing permissible ex parte contact.

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For information regarding proper Twelfth Street, SW., Washington, DC § 73.202 [Amended] filing procedures for comments, see 47 20554. In addition to filing comments 2. Section 73.202(b), the Table of FM CFR 1.415 and 1.420. with the FCC, interested parties should Allotments under California, is serve Petitioner’s counsel as follows: List of Subjects in 47 CFR Part 73 amended by removing Channel 291A Kenneth E. Satten, Esq., Wilkinson and by adding Channel 288A at Tecopa. Radio, Radio broadcasting. Barker Knauer, L.L.P.; 2300 N Street, Federal Communications Commission. For the reasons discussed in the NW., Suite 700; Washington, DC 20037. John A. Karousos, preamble, the Federal Communications FOR FURTHER INFORMATION CONTACT: R. Commission proposes to amend 47 CFR Barthen Gorman, Media Bureau, (202) Assistant Chief, Audio Division, Media Bureau. part 73 as follows: 418–2180. [FR Doc. E7–22121 Filed 11–9–07; 8:45 am] SUPPLEMENTARY INFORMATION: This is a PART 73—RADIO BROADCAST BILLING CODE 6712–01–P summary of the Commission’s Notice of SERVICES Proposed Rule Making, MB Docket No. 1. The authority citation for part 73 07–226, adopted October 17, 2007, and FEDERAL COMMUNICATIONS continues to read as follows: released October 19, 2007. The full text COMMISSION Authority: 47 U.S.C. 154, 303, 334, 336. of this Commission decision is available for inspection and copying during 47 CFR Part 73 § 73.202 [Amended] normal business hours in the 2. Section 73.202(b), the Table of FM Commission’s Reference Information [DA 07–4309; MB Docket No. 07–227; RM– 11405] Allotments under California is amended Center, 445 Twelfth Street, SW., by removing Channel 262A and by Washington, DC 20554. This document Radio Broadcasting Services; Clayton, adding Channel 264A at Susanville. may also be purchased from the OK Commission’s duplicating contractors, Federal Communications Commission. Best Copy and Printing, Inc., 445 12th AGENCY: Federal Communications John A. Karousos, Street, SW., Room CY–B402, Commission. Assistant Chief, Audio Division, Media Washington, DC 20554, telephone 1– ACTION: Proposed rule. Bureau. 800–378–3160 or www.BCPIWEB.com. [FR Doc. E7–22120 Filed 11–9–07; 8:45 am] This document does not contain SUMMARY: This document requests BILLING CODE 6712–01–P proposed information collection comments on a petition for rulemaking requirements subject to the Paperwork filed by North Texas Radio Group, L.P., Reduction Act of 1995, Public Law 104– requesting the substitution of Channel FEDERAL COMMUNICATIONS 13. In addition, therefore, it does not 262A for vacant Channel 241A at COMMISSION contain any proposed information Clayton, Oklahoma. The reference 47 CFR Part 73 collection burden ‘‘for small business coordinates for Channel 262A at concerns with fewer than 25 Clayton, Oklahoma, are 34–32–48 NL [DA 07–4311; MB Docket No. 07–226; RM– employees,’’ pursuant to the Small and 95–29–45 WL. There is a site 11406] Business Paperwork Relief Act of 2002, restriction 14 kilometers (8.7 miles) Public Law 107–198, see 44 U.S.C. Radio Broadcasting Services; Tecopa, west of the community. 3506(c)(4). CA DATES: Comments must be filed on or Provisions of the Regulatory before December 10, 2007, and reply AGENCY: Federal Communications Flexibility Act of 1980 do not apply to comments on or before December 26, Commission. this proceeding. 2007. ACTION: Proposed rule. Members of the public should note that from the time a Notice of Proposed ADDRESSES: Secretary, Federal SUMMARY: This document requests Rule Making is issued until the matter Communications Commission, 445 comments on a Petition for Rule Making is no longer subject to Commission Twelfth Street, SW., Washington, DC filed by Shamrock Communications, consideration or court review, all ex 20554. In addition to filing comments Inc. (‘‘Petitioner’’) proposing the parte contacts are prohibited in with the FCC, interested parties should allotment of new Channel 288A at Commission proceedings, such as this serve the petitioner as follows: Anne Tecopa, California. The instant Petition one, which involve channel allotments. Goodwin Crump, Esq., c/o North Texas for Rule Making was filed concurrently See 47 CFR 1.1204(b) for rules Radio Group, L.P., Fletcher, Heald & with and contingent upon the grant of governing permissible ex parte contact. Hildreth, P.L.C., 1300 N. 17th Street, an FCC Form 301 Auction 68 long form For information regarding proper Eleventh Floor, Arlington, Virginia application for a new FM station on filing procedures for comments, see 47 22209. Channel 291A at Tecopa, which seeks a CFR 1.415 and 1.420. FOR FURTHER INFORMATION CONTACT: one-step upgrade from Channel 291A to List of Subjects in 47 CFR Part 73 Rolanda F. Smith, Media Bureau, (202) Channel 290C1 and a change in the 418–2180. community of license from Tecopa, Radio, Radio broadcasting. SUPPLEMENTARY INFORMATION: This is a California, to Amargosa Valley, Nevada. For the reasons discussed in the preamble, the Federal Communications synopsis of the Commission’s Notice of Action on the foregoing application will Proposed Rule Making, MB Docket No. be taken separately from action on the Commission proposes to amend 47 CFR part 73 as follows: 07–227, adopted October 17, 2007, and instant Petition for Rule Making. released October 19, 2007. The full text DATES: Comments must be filed on or PART 73—RADIO BROADCAST of this Commission decision is available before December 10, 2007, and reply SERVICES for inspection and copying during comments on or before December 26, normal business hours in the FCC’s 2007. 1. The authority citation for part 73 Reference Information Center at Portals ADDRESSES: Secretary, Federal continues to read as follows: II, CY–A257, 445 Twelfth Street, SW., Communications Commission, 445 Authority: 47 U.S.C. 154, 303, 334, 336. Washington, DC 20554. This document

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may also be purchased from the FEDERAL COMMUNICATIONS Canada will require modifications to Commission’s duplicating contractors, COMMISSION international agreements for use of the Best Copy and Printing, Inc., 445 12th 800 MHz band in the border areas.’’ The Street, SW., Room CY–B402, 47 CFR Part 90 Commission stated that ‘‘the details of Washington, DC 20554, telephone 1– [WT Docket No. 02–55; DA 07–4489] the border plans will be determined in 800–378–3160 or via e-mail our ongoing discussions with the www.BCPIWEB.com. This document Public Safety and Homeland Security Mexican and Canadian governments.’’ does not contain proposed information Bureau Seeks Comment on Post- 2. In a Second Memorandum Opinion collection requirements subject to the Reconfiguration 800 MHz Band Plan and Order, adopted in May 2007, the Paperwork Reduction Act of 1995, for the U.S.-Canada Border Regions Commission delegated authority to Public Safety and Homeland Security Public Law 104–13. In addition, AGENCY: Federal Communications Bureau to propose and adopt border therefore, it does not contain any Commission. area band plans once agreements are proposed information collection burden ACTION: Proposed rule. reached with Canada and Mexico, 72 FR ‘‘for small business concerns with fewer 39756 (July 20, 2007). Specifically, the SUMMARY: This document seeks than 25 employees,’’ pursuant to the Commission noted that ‘‘once those comment on post-reconfiguration 800 Small Business Paperwork Relief Act of discussions are completed, and any MHz band plans for the U.S.-Canada 2002, Public Law 107–198, see 44 U.S.C. necessary modifications to our border regions. The Bureau, by this 3506(c)(4). international agreements have been action, affords interested parties an Provisions of the Regulatory made, we will need to amend our rules opportunity to submit comments and to implement the agreements and Flexibility Act of 1980 do not apply to reply comments on proposals for identify the portions of the 800 MHz this proceeding. establishing a reconfigured 800 MHz band that will be available to U.S. Members of the public should note band plan in the U.S.-Canada border licensees on a primary basis. In that from the time a Notice of Proposed region in order to accomplish the addition, we will need to adopt a band Rule Making is issued until the matter Commission’s goals for band plan for the border regions that specifies reconfiguration. is no longer subject to Commission the ESMR and non-ESMR portions of consideration or court review, all ex DATES: Comments are due on or before the band and the distribution of parte contacts are prohibited in December 3, 2007 and Reply Comments channels to public safety, B/ILT, and Commission proceedings, such as this are due on or before December 18, 2007. SMR licensees.’’ one, which involve channel allotments. ADDRESSES: Federal Communications 3. In July 2007, the U.S. and Canada See 47 CFR 1.1204(b) for rules Commission, 445 12th Street, SW., reached an agreement on a process that governing permissible ex parte contacts. Washington, DC 20554. will enable the U.S. to proceed with For information regarding proper FOR FURTHER INFORMATION CONTACT: band reconfiguration in the border filing procedures for comments, see 47 Brian Marenco, Policy Division, Public region. Consequently, the Public Safety CFR 1.415 and 1.420. Safety and Homeland Security Bureau, and Homeland Security Bureau issued a (202) 418–0838. Further Notice of Proposed Rulemaking List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a to seek comment on specific proposals for reconfiguring the eight U.S.-Canada Radio, Radio broadcasting. summary of the Commission’s Further Notice of Proposed Rulemaking, DA 07– border regions. The goal is to separate— For the reasons discussed in the 4489, released on November 1, 2007. to the greatest extent possible—public preamble, the Federal Communications The complete text of this document is safety and other non-cellular licensees Commission proposes to amend 47 CFR available for inspection and copying from licensees who employ cellular part 73 as follows: during normal business hours in the technology. FCC Reference Information Center, 4. Pursuant to §§ 1.415 and 1.419 of PART 73—RADIO BROADCAST Portals II, 445 12th Street, SW., Room the Commission’s rules, 47 CFR 1.415, SERVICES CY–A257, Washington, DC 20554. This 1.419, interested parties may file document may also be purchased from comments and reply comments on or 1. The authority citation for part 73 the Commission’s duplicating before the dates listed on the first page continues to read as follows: contractor, Best Copy and Printing, Inc., of this summary. All filings related to Authority: 47 U.S.C. 154, 303, 334, 336. 445 12th Street, SW., Room CY–B402, the Further Notice of Proposed Washington, DC 20554, telephone (800) Rulemaking should refer to WT Docket § 73.202 [Amended] 378–3160 or (202) 863–2893, facsimile No. 02–55. Comments may be filed using: (1) The Commission’s Electronic 2. Section 73.202(b), the Table of FM (202) 863–2898, or via e-mail at http:// Comment Filing System (ECFS), (2) the Allotments under Oklahoma, is www.bcpiweb.com. It is also available on the Commission’s Web site at Federal Government’s eRulemaking amended by removing Channel 241A Portal, or (3) by filing paper copies. See and by adding Channel 262A at Clayton. http://www.fcc.gov. 1. In a July 2004 Report and Order, Electronic Filing of Documents in Federal Communications Commission. the Commission reconfigured the 800 Rulemaking Proceedings, 63 Fed. Reg. John A. Karousos, MHz band to eliminate interference to 24,121 (1998). Assistant Chief, Audio Division, Media public safety and other land mobile Procedural Matters Bureau. communication systems operating in the [FR Doc. E7–22123 Filed 11–9–07; 8:45 am] band, 69 FR 67823 (November 22, 2004). A. Initial Regulatory Flexibility Analysis BILLING CODE 6712–01–P However, the Commission deferred 5. Pursuant to the Regulatory consideration of band reconfiguration Flexibility Act (RFA), the Bureau has plans for the border areas, noting that prepared an Initial Regulatory ‘‘implementing the band plan in areas of Flexibility Analysis (IRFA) of the the United States bordering Mexico and possible significant economic impact on

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small entities by the proposals above 815/860 MHz. These proposals and licensees—that may be affected by considered in the Further Notice of also include region-specific variations. the proposals, if adopted, in this Proposed Rulemaking (FNPRM). The The reconfiguration of the 800 MHz FNPRM. text of the IRFA is set forth in Appendix band in the U.S.-Canada border regions 12. Public Safety Radio Licensees. A of the FNPRM. Written public is in the public interest because it will Public safety licensees who operate 800 comments are requested on this IRFA. allow the Commission to eliminate MHz systems in the U.S.-Canada border Comments must be filed in accordance interference in these regions to public with the same filing deadlines for safety and other land mobile region would be required to relocate comments on the FNPRM, and they communication systems. Interference is their station facilities according to the should have a separate and distinct eliminated by separating—to the band plans proposed in the FNPRM. As heading designating them as responses greatest extent possible—public safety indicated above, all governmental to the IRFA. The Bureau will send a and other non-cellular licensees from entities with populations of less than copy of the FNPRM, including the IRFA, licensees that employ cellular 50,000 fall within the definition of a to the Chief Counsel for Advocacy of the technology in the 800 MHz band. small entity. Small Business Administration. B. Legal Basis 13. Business, I/LT, and SMR licensees. Business and Industrial Land B. Initial Paperwork Reduction Act of 9. The legal basis for any action that Transportation (B/ILT) and Special 1995 Analysis may be taken pursuant to the FNPRM is Mobile Radio (SMR) licensees who 6. This document does not contain contained in sections 4(i) and 332 of the proposed information collection(s) Communications Act of 1934, as operate 800 MHz systems in the U.S.- subject to the Paperwork Reduction Act amended, 47 U.S.C. 154(i), 332. Canada border region would be required of 1995 (PRA), Public Law 104–13. In to relocate their station facilities C. Description and Estimate of the addition, therefore, it does not contain according to the band plans proposed in Number of Small Entities to Which the any new or modified ‘‘information the FNPRM. Neither the Commission Proposed Rules Will Apply collection burden for small business nor the SBA has developed a definition concerns with fewer than 25 10. The RFA directs agencies to of small businesses directed specifically employees,’’ pursuant to the Small provide a description of and, where toward these licensees. feasible, an estimate of the number of Business Paperwork Relief Act of 2002, 14. Wireless Service Providers. small entities that may be affected by Public Law 107–198, see 44 U.S.C. Wireless Service Providers who operate 3506(c)(4). the proposed rules. The RFA generally defines the term ‘‘small entity’’ as 800 MHz systems in the U.S.-Canada Initial Regulatory Flexibility Analysis having the same meaning as the terms border region would be required to 7. As required by the Regulatory ‘‘small business,’’ ‘‘small organization,’’ relocate their station facilities according Flexibility Act of 1980, as amended and ‘‘small governmental jurisdiction.’’ to the band plans proposed in the (RFA), the Commission has prepared In addition, the term ‘‘small business’’ FNPRM. The SBA has developed a this present Initial Regulatory has the same meaning as the term small business size standard for wireless Flexibility Analysis (IRFA) of the ‘‘small business concern’’ under the firms within the two broad economic possible significant economic impact on Small Business Act. A small business census categories of ‘‘Paging’’ and a substantial number of small entities by concern is one which: (1) Is ‘‘Cellular and Other Wireless the policies and rules proposed in the independently owned and operated; (2) Telecommunications.’’ Under both Further Notice of Proposed Rulemaking is not dominant in its field of operation; categories, the SBA deems a wireless (FNPRM). Written public comments are and (3) satisfies any additional criteria business to be small if it has 1,500 or requested on this IRFA. Comments must established by the Small Business fewer employees. For the census be identified as responses to the IRFA Administration (SBA). category of Paging, Census Bureau data and must be filed by the deadlines for 11. Nationwide, there are a total of for 2002 show that there were 807 firms comments on the first page of the approximately 22.4 million small in this category that operated for the FNPRM. The Commission will send a businesses, according to SBA data. A entire year. Of this total, 804 firms had copy of the FNPRM, including this ‘‘small organization’’ is generally ‘‘any employment of 999 or fewer employees, IRFA, to the Chief Counsel for Advocacy not-for-profit enterprise which is and three firms had employment of independently owned and operated and of the Small Business Administration 1,000 employees or more. Thus, under is not dominant in its field.’’ (SBA). In addition, the FNPRM and this category and associated small Nationwide, as of 2002, there were IRFA (or summaries thereof) will be business size standard, the majority of published in the Federal Register. approximately 1.6 million small organizations. The term ‘‘small firms can be considered small. For the A. Need for, and Objectives of, the governmental jurisdiction’’ is defined census category of Cellular and Other Proposed Rules generally as ‘‘governments of cities, Wireless Telecommunications, Census 8. In the FNPRM, we consider towns, townships, villages, school Bureau data for 2002 show that there proposals submitted by the Consensus districts, or special districts, with a were 1,397 firms in this category that Parties, the Commonwealth of population of less than fifty thousand.’’ operated for the entire year. Of this Pennsylvania, and representatives from Census Bureau data for 2002 indicate total, 1,378 firms had employment of regional planning committees in Ohio, that there were 87,525 local 999 or fewer employees, and 19 firms New York, and Washington State for governmental jurisdictions in the had employment of 1,000 employees or reconfiguring the 800 MHz band in the United States. We estimate that, of this more. Thus, under this second category U.S.-Canada border regions. These total, 84,377 entities were ‘‘small and size standard, the majority of firms parties propose relocating public safety governmental jurisdictions.’’ Thus, we can, again, be considered small. licensees to U.S. primary spectrum in estimate that most governmental 15. Also, Sprint Corporation will be the lower portion of the band while jurisdictions are small. Below, we affected by the band plan proposals in placing B/ILT and ESMR systems higher further describe and estimate the this FNPRM but it is not a small carrier. in the band on U.S. primary spectrum number of small entities—applicants

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D. Description of Projected Reporting, F. Federal Rules That May Duplicate, to the FMP for the Scallop Fishery Off Recordkeeping, and Other Compliance Overlap, or Conflict With the Proposed Alaska, and Amendment 9 to the FMP Requirements Rules for Salmon Fisheries in the Exclusive 19. None. Economic Zone Off the Coast of Alaska. 16. The Further Notice of Proposed These amendments, if approved, would Rulemaking does not propose a rule that Ordering Clauses revise the boundaries of the Aleutian will entail additional reporting, 20. Accordingly, IT IS ORDERED, Islands Habitat Conservation Area recordkeeping, and/or third-party pursuant to sections 4(i) and 332 of the (AIHCA) described in each FMP. This consultation or other compliance efforts. Communications Act of 1934, as action is necessary to ensure the As noted in Section C, supra, public amended, 47 U.S.C. 154(i), 332, that this boundaries of the AIHCA accurately safety, B/ILT, SMR licensees, and Further Notice of Proposed Rulemaking reflect the Council’s intent to prohibit wireless service providers who operate IS ADOPTED. nonpelagic trawling in those areas with 800 MHz systems in the U.S.-Canada 21. IT IS FURTHER ORDERED that minimal or no fishing and sensitive border region would be required to the Commission’s Consumer and habitat, and to allow nonpelagic relocate their station facilities according Governmental Affairs Bureau, Reference trawling in areas historically fished by to the band plans proposed in the Information Center, SHALL SEND a this gear type. This action is intended to FNPRM. Also, Sprint Corporation will copy of this Further Notice of Proposed promote the goals and objectives of the pay the cost of relocating incumbent Rulemaking, including the Initial Magnuson-Stevens Fishery licensees. Regulatory Flexibility Analysis, to the Conservation and Management Act Chief Counsel for Advocacy of the Small (Magnuson-Stevens Act), the FMPs, and E. Steps Taken To Minimize Significant Business Administration. other applicable laws. Comments from Economic Impact on Small Entities, and 22. IT IS FURTHER ORDERED that the public are welcome. Significant Alternatives Considered pursuant to applicable procedures set DATES: Comments on the amendments forth in §§ 1.415 and 1.419 of the must be received by close of business on 17. The RFA requires an agency to Commission’s rules, 47 CFR 1.415, January 14, 2008. describe any significant, specifically 1.419, interested parties may file ADDRESSES: You may submit comments, small business alternatives that it has comments on this Further Notice of identified by 0648–AV62, by any one of considered in reaching its proposed Proposed Rulemaking on December 3, the following methods: approach, which may include the 2007, and reply comments on December • Electronic Submissions: Submit all following four alternatives (among 18, 2007. electronic public comments via the others): ‘‘(1) The establishment of Federal Communications Commission. Federal differing compliance or reporting Derek K. Poarch, eRulemaking Portal http:// requirements or timetables that take into www.regulations.gov; Chief, Public Safety and Homeland Security • account the resources available to small Bureau. Mail: Sue Salveson, Assistant entities; (2) the clarification, [FR Doc. E7–22128 Filed 11–9–07; 8:45 am] Regional Administrator, Sustainable consolidation, or simplification of Fisheries Division, Alaska Region, BILLING CODE 6712–01–P compliance or reporting requirements NMFS, P.O. Box 21668, Juneau, AK under the rule for small entities; (3) the 99802; Attn: Ellen Sebastian, Records Officer; use of performance, rather than design, DEPARTMENT OF COMMERCE standards; and (4) and exemption from • Hand delivery: 709 West 9th Street, coverage of the rule, or any part thereof, National Oceanic and Atmospheric Room 420A, Juneau, AK; or • for small entities.’’ Administration Fax: 907–586–7557, Attention: Sue Salveson. 18. In the FNPRM, the Bureau seeks 50 CFR Part 679 Instructions: All comments received comment on proposals to relocate are a part of the public record and will public safety systems to U.S. primary RIN 0648–AV62 generally be posted to http:// spectrum in the lower portion of the www.regulations.gov without change. band while placing B/ILT and ESMR Fisheries of the Exclusive Economic All Personal Identifying Information (for systems higher in the band on U.S. Zone Off Alaska; Groundfish, Crab, example, name, address, etc.) primary spectrum above 815/860 MHz. Salmon, and Scallop Fisheries of the voluntarily submitted by the commenter These proposals also contain certain Bering Sea and Aleutian Islands may be publicly accessible. Do not region-specific variations. Because the Management Area submit Confidential Business reconfiguration of the 800 MHz band in AGENCY: National Marine Fisheries Information or otherwise sensitive or the U.S.-Canada border regions seeks to Service (NMFS), National Oceanic and protected information. NMFS will eliminate interference to public safety Atmospheric Administration (NOAA), accept anonymous comments. and other land mobile communication Commerce. Attachments to electronic comments systems, these proposals, if adopted, ACTION: Availability of amendments to will be accepted in Microsoft Word, minimize the cost that licensees would fishery management plans; request for Excel, WordPerfect, or Adobe PDF file otherwise incur to resolve interference. comments. formats only. Further, Sprint Corporation will pay the Copies of FMP amendments, maps of cost of relocating incumbent licensees. SUMMARY: The North Pacific Fishery the AIHCA and proposed revisions, and Additionally, the Bureau specifically Management Council (Council) has the Environmental Assessment/ seeks comment on alternatives to the submitted Amendment 88 to the Fishery Regulatory Impact Review/Initial proposed band plans and will consider Management Plan (FMP) for Groundfish Regulatory Flexibility Analysis (EA/ such alternatives as may be of the Bering Sea and Aleutian Islands RIR/IRFA) for this action may be recommended in comments to the Management Area, Amendment 23 to obtained from the same address or from the FMP for Bering Sea/Aleutian Islands the Alaska Region NMFS website at FNPRM. King and Tanner Crabs, Amendment 12 http://www.fakr.noaa.gov.

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FOR FURTHER INFORMATION CONTACT: Council received information from the be published in the Federal Register for Melanie Brown, 907–586–7228 or fishing industry that two locations in public comment at a later date, [email protected]. the AIHCA should be adjusted. The following NMFS’ evaluation under the SUPPLEMENTARY INFORMATION: The Council recommended adjustments to Magnuson-Stevens Act procedures. Magnuson-Stevens Act requires that the the boundaries near Agattu Island and Public comments on the proposed rule Council submit any FMP amendment it Buldir Island. Waters near Agattu Island must be received by the end of the prepares to NMFS for review and were historically fished by nonpelagic comment period on the amendments in approval, disapproval, or partial trawl gear, and no evidence of sensitive order to be considered in the approval/ approval. The Magnuson-Stevens Act habitat exists for this area. This area disapproval decision on the also requires that NMFS, upon receiving currently is closed to nonpelagic amendments. All comments received on an FMP amendment, immediately trawling under the AIHCA and is the amendments by the end of the publish a notice in the Federal Register proposed to be opened under this comment period, whether specifically that the amendment is available for action. Waters open to nonpelagic directed to the amendments or to the public review and comment. trawling near Buldir Island were proposed rule, will be considered in the If approved by NMFS, these identified as not extensively fished. approval/disapproval decision. amendments would revise the FMPs by These waters also contain sensitive Comments received after that date will revising the boundaries of the AIHCA. coral and sponge habitat. This proposed not be considered in the approval/ The AIHCA consists of the entire action would close waters near Buldir disapproval decision on the Aleutian Islands subarea except for Island to protect coral and sponge amendments. To be considered, specified areas that have supported the habitat from the potential effects of comments must be received—not just highest groundfish catches in the past. nonpelagic trawling. This proposed postmarked or otherwise transmitted— The AIHCA is closed to all nonpelagic action would ensure the boundaries of by close of business on the last day of trawling to protect relatively the AIHCA are consistent with the the comment period. undisturbed habitats. The Council Council’s intent to protect sensitive Authority: 16 U.S.C. 1801 et seq. determined that the AIHCA would habitat from the potential effects of Dated: November 6, 2007. provide a balance between continued nonpelagic trawling and allow fishing in fishing in the Aleutian Islands subarea areas historically fished. Emily H. Menashes, and protection of sensitive habitats such NMFS is soliciting public comments Acting Director, Office of Sustainable as cold-water corals. on the proposed amendments through Fisheries, National Marine Fisheries Service. After implementation of the AIHCA January 14, 2008. A proposed rule that [FR Doc. E7–22107 Filed 11–9–07; 8:45 am] (71 FR 36694, June 28, 2006), the would implement the amendments will BILLING CODE 3510–22–S

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Notices Federal Register Vol. 72, No. 218

Tuesday, November 13, 2007

This section of the FEDERAL REGISTER PPD, APHIS, Station 3A–03.8, 4700 agreements, work plans, phytosanitary contains documents other than rules or River Road Unit 118, Riverdale, MD certificates, stickers, truck and container proposed rules that are applicable to the 20737–1238. Please state that your seals, and box marking. public. Notices of hearings and investigations, comment refers to Docket No. APHIS– We are asking the Office of committee meetings, agency decisions and 2007–0074. rulings, delegations of authority, filing of Management and Budget (OMB) to Reading Room: You may read any petitions and applications and agency approve our use of these information comments that we receive on this statements of organization and functions are collection activities for an additional 3 docket in our reading room. The reading examples of documents appearing in this years. section. room is located in room 1141 of the USDA South Building, 14th Street and The purpose of this notice is to solicit Independence Avenue, SW., comments from the public (as well as DEPARTMENT OF AGRICULTURE Washington, DC. Normal reading room affected agencies) concerning our hours are 8 a.m. to 4:30 p.m., Monday information collection. These comments Animal and Plant Health Inspection through Friday, except holidays. To be will help us: Service sure someone is there to help you, (1) Evaluate whether the collection of [Docket No. APHIS–2007–0074] please call (202) 690–2817 before information is necessary for the proper coming. performance of the functions of the Notice of Request for Extension of Other Information: Additional Agency, including whether the Approval of an Information Collection; information about APHIS and its information will have practical utility; Importation of Hass Avocados From programs is available on the Internet at (2) Evaluate the accuracy of our Michoacan, Mexico http://www.aphis.usda.gov. estimate of the burden of the collection FOR FURTHER INFORMATION CONTACT: For AGENCY of information, including the validity of : Animal and Plant Health information on regulations for the Inspection Service, USDA. importation of avocados from the methodology and assumptions used; ACTION: Extension of approval of an Michoacan, Mexico, contact Mr. David (3) Enhance the quality, utility, and information collection; comment Lamb, Import Specialist, Commodity clarity of the information to be request. Import Analysis and Operations, PPQ, collected; and APHIS, 4700 River Road Unit 133, SUMMARY: In accordance with the (4) Minimize the burden of the Riverdale, MD 20737–1236; (301) 734– collection of information on those who Paperwork Reduction Act of 1995, this 4312. For copies of more detailed notice announces the Animal and Plant are to respond, through use, as information on the information appropriate, of automated, electronic, Health Inspection Service’s intention to collection, contact Mrs. Celeste Sickles, request an extension of approval of an mechanical, and other collection APHIS* Information Collection technologies; e.g., permitting electronic information collection associated with Coordinator, at (301) 734–7477. regulations for the importation of Hass submission of responses. SUPPLEMENTARY INFORMATION: Title: avocados from Michoacan, Mexico. Estimate of burden: The public Importation of Hass Avocados from DATES: We will consider all comments Michoacan, Mexico. reporting burden for this collection of that we receive on or before January 14, OMB Number: 0579–0129. information is estimated to average 2008. Type of Request: Extension of 0.0015266 hours per response. ADDRESSES: You may submit comments approval of an information collection. Respondents: Importers, shippers, by either of the following methods: Abstract: The Plant Protection Act distributors, and handlers of Hass Federal eRulemaking Portal: Go to (PPA, 7 U.S.C. 7701 et seq.) authorizes avocados from Mexico; Mexican http://www.regulations.gov, select the Secretary of Agriculture to restrict national plant protection organization ‘‘Animal and Plant Health Inspection the importation, entry, or interstate officials. Service’’ from the agency drop-down movement of plants, plant products, and Estimated annual number of menu, then click ‘‘Submit.’’ In the other articles to prevent the respondents: 2,223. Docket ID column, select APHIS–2007– introduction of plant pests, including 0074 to submit or view public avocado stem weevils, seed weevils, and Estimated annual number of comments and to view supporting and seed moths, into the United States or responses per respondent: 32,713.735. related materials available their dissemination within the United Estimated annual number of electronically. Information on using States. Regulations authorized by the responses: 72,722,635. Regulations.gov, including instructions PPA concerning the importation of Estimated total annual burden on for accessing documents, submitting fruits and vegetables into the United respondents: 111,024 hours. (Due to comments, and viewing the docket after States from certain parts of the world averaging, the total annual burden hours the close of the comment period, is are contained in ‘‘Subpart-Fruits and may not equal the product of the annual available through the site’s ‘‘User Tips’’ Vegetables’’ (7 CFR 319.56 through link. 319.56–47). number of responses multiplied by the Postal Mail/Commercial Delivery: Under these regulations, avocados reporting burden per response.) Please send four copies of your from Michoacan, Mexico, are subject to All responses to this notice will be comment (an original and three copies) certain conditions before entering the summarized and included in the request to Docket No. APHIS–2007–0074, United States. These requirements for OMB approval. All comments will Regulatory Analysis and Development, include, among other things, trust fund also become a matter of public record.

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Done in Washington, DC, this 7th day of located in room 1141 of the USDA quarantined for imported fire ant within November 2007. South Building, 14th Street and the Commonwealth of Puerto Rico and Kevin Shea, Independence Avenue, SW., the following States: Alabama, Acting Administrator, Animal and Plant Washington, DC. Normal reading room Arkansas, California, Florida, Georgia, Health Inspection Service. hours are 8 a.m. to 4:30 p.m., Monday Louisiana, Mississippi, North Carolina, [FR Doc. E7–22094 Filed 11–9–07; 8:45 am] through Friday, except holidays. To be New Mexico, Oklahoma, South BILLING CODE 3410–34–P sure someone is there to help you, Carolina, Tennessee, and Texas. please call (202) 690–2817 before To provide the public with coming. documentation of APHIS’ review and DEPARTMENT OF AGRICULTURE Other information: Additional analysis of the potential environmental information about APHIS and its impacts associated with releasing these Animal and Plant Health Inspection programs is available on the Internet at additional species of phorid flies into Service http://www.aphis.usda.gov. the environment, we have prepared a [Docket No: APHIS–2007–0118] FOR FURTHER INFORMATION CONTACT: Mr. draft environmental assessment entitled Charles L. Brown, Imported Fire Ant ‘‘Field Release of Phorid Flies Imported Fire Ant; Availability of an Quarantine Program Manager, Pest (Pseudacteon species) for the Biological Environmental Assessment Detection and Management Programs, Control of Imported Fire Ants’’ (July PPQ, APHIS, 4700 River Road Unit 134, 2007). AGENCY: Animal and Plant Health Riverdale, MD 20737–1236; (301) 734– The environmental assessment has Inspection Service, USDA. 4838. been prepared in accordance with: (1) ACTION: Notice of availability and The National Environmental Policy Act SUPPLEMENTARY INFORMATION: request for comments. of 1969 (NEPA), as amended (42 U.S.C. Background 4321 et seq.), (2) regulations of the SUMMARY: We are advising the public Council on Environmental Quality for that a draft environmental assessment The imported fire ant (Solenopsis invicta Buren, Solenopsis richteri Forel, implementing the procedural provisions has been prepared by the Animal and of NEPA (40 CFR parts 1500–1508), (3) Plant Health Inspection Service relative and hybrids of these species) is an aggressive, stinging insect that, in large USDA regulations implementing NEPA to the proposed release into areas (7 CFR part 1), and (4) APHIS’ NEPA quarantined for imported fire ant of five numbers, can seriously injure and even kill livestock, pets, and humans. The Implementing Procedures (7 CFR part additional species of phorid flies for use 372). as biological control agents. We are imported fire ant, which is not native to making the environmental assessment the United States, feeds on crops and Done in Washington, DC, this 7th day of November 2007. available to the public for review and builds large, hard mounds that damage comment. farm and field machinery. The imported Kevin Shea, fire ant regulations (contained in 7 CFR Acting Administrator, Animal and Plant DATES: We will consider all comments 301.81 through 301.81–10 and referred Health Inspection Service. that we receive on or before December to below as the regulations) are intended [FR Doc. E7–22092 Filed 11–9–07; 8:45 am] 13, 2007. to prevent the imported fire ant from BILLING CODE 3410–34–P ADDRESSES: You may submit comments spreading throughout its ecological by either of the following methods: range within the country. The • Federal eRulemaking Portal: Go to regulations quarantine infested States or DEPARTMENT OF COMMERCE http://www.regulations.gov, select infested areas within States and restrict ‘‘Animal and Plant Health Inspection the interstate movement of regulated International Trade Administration Service’’ from the agency drop-down articles to prevent the artificial spread of [A–351–840] menu, then click ‘‘Submit.’’ In the the imported fire ant. Docket ID column, select APHIS–2007– In addition to the movement Certain Orange Juice from Brazil; 0118 to submit or view public restrictions in the regulations, the Notice of Extension of Time Limits for comments and to view supporting and Animal and Plant Health Inspection Preliminary Results of Antidumping related materials available Service (APHIS) and its State Duty Administrative Review electronically. Information on using cooperators release phorid flies Regulations.gov, including instructions (Pseudacteon species), a natural enemy AGENCY: Import Administration, for accessing documents, submitting of the imported fire ant, into International Trade Administration, comments, and viewing the docket after quarantined areas. These flies parasitize Department of Commerce. the close of the comment period, is the imported fire ant, killing those that EFFECTIVE DATE: November 13, 2007. available through the site’s ‘‘User Tips’’ are parasitized. Those ants that are not FOR FURTHER INFORMATION CONTACT: link. parasitized are affected behaviorally by Elizabeth Eastwood, AD/CVD • Postal Mail/Commercial Delivery: the presence of the flies because their Operations, Office 2, Import Please send four copies of your presence reduces fire ant foraging. A Administration, International Trade comment (an original and three copies) decrease in foraging activity facilitates Administration, U.S. Department of to Docket No. APHIS–2007–0118, competition from native fire ants that Commerce, 14th Street and Constitution Regulatory Analysis and Development, might otherwise be excluded from food Avenue, NW, Washington, DC 20230; PPD, APHIS, Station 3A–03.8, 4700 sources in fire ant territory. telephone: (202) 482–3874. River Road, Riverdale, MD 20737–1238. Currently, APHIS uses three species SUPPLEMENTARY INFORMATION: Please state that your comment refers to of phorid flies (Pseudacteon curvatus, P. Docket No. APHIS–2007–0118. litoralis, and P. tricuspis) as biological Background Reading Room: You may read any control agents. We are now proposing to On April 27, 2007, the Department of comments that we receive on the release five more species (P. cultellatus, Commerce (the Department) published a environmental assessment in our P. nocens, P. nudicornis, P. obtusus, and notice of initiation of administrative reading room. The reading room is P. sp. near obtusus) into areas review of the antidumping duty order

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on certain orange juice from Brazil. See scientific value, for the purposes for particulate material. The study will Initiation of Antidumping and which the instruments shown below are perform experiments using genetically Countervailing Duty Administrative intended to be used, are being altered mice and rats to better Reviews, 72 FR 20986 (Apr. 27, 2007). manufactured in the United States. understand the mechanism involved in The period of review is August 24, 2005, Comments must comply with 15 CFR cancer at the intracellular level. through February 28, 2007, and the 301.5(a)(3) and (4) of the regulations and Application accepted by Commissioner preliminary results are currently due no be postmarked on or before December 3, of Customs: October 29, 2007. later than December 3, 2007. The review 2007. Address written comments to Docket Number: 07–067. Applicant: covers three producers/exporters of the Statutory Import Programs Staff, Room National Institute for Occupational subject merchandise to the United 2104, U.S. Department of Commerce, Safety and Health, 4676 Columbia States. Washington, D.C. 20230. Applications Parkway, Cincinnati, OH 45226. may be examined between 8:30 a.m. and Instrument: Electron Microscope, Model Extension of Time Limit for Preliminary 5 p.m. at the U.S. Department of JEM–2100F. Manufacturer: Jeol Ltd., Results Commerce in Room 2104. Japan. Intended Use: The instrument is Pursuant to section 751(a)(3)(A) of Docket Number: 07–062. Applicant: intended to be used for multiple Tariff Act of 1930, as amended (the Act), Battelle Memorial Institute, Pacific research projects throughout the the Department shall make a Northwest Division, 902 Battelle Blvd., Institute. Applications include analysis preliminary determination in an Richland, WA 99354. Instrument: of asbestos and other fiber types, administrative review of an Electron Microscope, Model FIB/SEM. nanotechnology–related materials (e.g., antidumping order within 245 days after Manufacturer: FEI Company, carbon nanotubes and fibers, tungsten the last day of the anniversary month of Netherlands. Intended Use: The fibers, metal oxides), aerosol research, the date of publication of the order. instrument is intended to be used for all ultrafine particles emissions, general Section 751(a)(3)(A) of the Act further science disciplines from biological to support for laboratory and field provides, however, that the Department material science samples. The research, methods development, and may extend the 245-day period to 365 Environmental Molecular Science evaluation of engineering controls and days if it determines it is not practicable Laboratory, where the instrument will personal protective equipment. to complete the review within the be housed, is a National Scientific User Application accepted by Commissioner foregoing time period. We determine Facility and any scientist may use the of Customs: October 30, 2007. that it is not practicable to complete this laboratory and this instrument for free Dated: November 6, 2007. administrative review within the time as long as they agree to publish their limits mandated by section 751(a)(3)(A) findings. The instrument will be used to Faye Robinson, of the Act because of technical issues support the ongoing science of Director, Statutory Import Programs Staff. contained in supplemental interfacial phenomena, nanotechnology [FR Doc. E7–22151 Filed 11–9–07; 8:45 am] questionnaire responses. Analysis of and catalysts interaction, along with BILLING CODE 3510–DS–S these issues requires additional time. other studies. Application accepted by Therefore, we have fully extended the Commissioner of Customs: October 26, deadline for completing the preliminary 2007. DEPARTMENT OF COMMERCE results until March 31, 2008, the next Docket Number: 07–063. Applicant: International Trade Administration business day after 365 days from the last University of California San Diego, day of the anniversary month of the date National Center for Microscopy and [C–570–911] of publication of the order. The deadline Image Research, 9500 Gilman Drive, MC for the final results of the review 0608, Basic Science Building, Room Circular Welded Carbon Quality Steel continues to be 120 days after the 1000, La Jolla, CA 92093–0608. Pipe from the People’s Republic of publication of the preliminary results. Instrument: Electron Microscope, Model China: Preliminary Affirmative This extension notice is published in Titan 80–300 C–Twin STEM. Countervailing Duty Determination; accordance with sections 751(a)(3)(A) Manufacturer: FEI Company, Preliminary Affirmative Determination and 777(i) of the Act. Netherlands. Intended Use: The of Critical Circumstances; and instrument is intended to be used to Alignment of Final Countervailing Duty Dated: November 5, 2007. study biological specimens prepared for Determination with Final Antidumping Stephen J. Claeys, electron microscopic imaging and Duty Determination Deputy Assistant Secretary for Import involves the elucidation of the 3D Administration. structural information of target AGENCY: Import Administration, [FR Doc. E7–22185 Filed 11–9–07; 8:45 am] materials. Project investigations span International Trade Administration, BILLING CODE 3510–DS–S basic and translational science, Department of Commerce. including neuroscience, SUMMARY: The Department of Commerce neurodegenerative diseases, heart preliminarily determines that DEPARTMENT OF COMMERCE disease, stroke, etc. Application countervailable subsidies are being accepted by Commissioner of Customs: provided to producers and exporters of International Trade Administration November 2, 2007. circular welded carbon quality steel Applications for Duty–Free Entry of Docket Number: 07–066. Applicant: St. pipe from the People’s Republic of Scientific Instruments Jude Children’s Research Hospital, 332 China. For information on the estimated North Lauderdale, Memphis, TN 38105. subsidy rates, see the ‘‘Suspension of Pursuant to Section 6(c) of the Instrument: Electron Microscope, Model Liquidation’’ section of this notice. The Educational, Scientific and Cultural Tecnai G2 F20 TWIN. Manufacturer: FEI Department further determines Materials Importation Act of 1966 (Pub. Company, Netherlands. Intended Use: preliminarily that critical circumstances L. 89–651, as amended by Pub. L. 106– The instrument is intended to be used exist with respect to imports of the 36; 80 Stat. 897; 15 CFR part 301), we to study the intracellular components of subject merchandise. This notice also invite comments on the question of biological samples obtained from mice, serves to align the final countervailing whether instruments of equivalent rats, cell cultures, viruses, bacteria and duty determination in this investigation

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with the final determination in the Determination in the Countervailing We issued supplemental companion antidumping duty Duty Investigation, 72 FR 42399 (August questionnaires to: East Pipe, Kingland investigation of circular welded carbon 2, 2007). and Shuangjie on October 4, 2007; the quality steel pipe from the People’s The Ad Hoc Coalition for Fair Pipe GOC on October 9, 2007 and October 10, Republic of China. Imports from the PRC and the United 2007; and Shuangjie on October 25, EFFECTIVE DATE: November 13, 2007. States Steel Workers (collectively, 2007. We received responses to these petitioners) filed a new subsidy FOR FURTHER INFORMATION CONTACT: supplemental questionnaires from the Salim Bhabhrawala, Damian Felton, or allegation on August 21, 2007. On GOC on October 23, 2007; East Pipe on September 7, 2007, the Department Shane Subler, AD/CVD Operations, October 18 and 19, 2007; and Kingland determined to investigate aspects of the Office 1, Import Administration, and Shuangjie on October 18, 2007. newly alleged subsidy relating to International Trade Administration, Petitioners filed comments on these currency retention. See Memorandum to U.S. Department of Commerce, 14th supplemental responses as follows: Susan Kuhbach, Director, AD/CVD Street and Constitution Avenue, NW, Shuangjie on October 23, 2007, and East Operations, Office 1, ‘‘New Subsidy Washington, DC 20230; telephone: (202) Pipe, Kingland and Shuangjie on Allegation’’ (September 7, 2007). The 482–1784, (202) 482–0133, or (202) 482– October 25, 2007. GOC submitted comments responding to On October 26, 2007, the petitioners 0189, respectively. petitioners’ new subsidy allegation on submitted comments for consideration SUPPLEMENTARY INFORMATION: September 10, 2007. Questions in the preliminary determination. Case History regarding this newly alleged subsidy On October 31, 2007, Shuangjie were sent to the GOC and the withdrew from the investigation and The following events have occurred respondent companies on September 11, requested that the Department return all since the publication of the Department 2007. of its proprietary fillings. of Commerce’s (the Department) notice The petitioners alleged that critical On August 20, 2007, Jiangsu Yulong of initiation in the Federal Register. See circumstances exist with respect to Steel Pipe Co., Ltd. (‘‘Yulong’’), Notice of Initiation of Countervailing imports of CWP from the PRC on requested that the Department Duty Investigation: Circular Welded September 17, 2007. See 19 CFR reconsider its mandatory respondent Carbon Quality Steel Pipe from the 351.206. Shuangjie submitted comments selection in this investigation. In People’s Republic of China, 72 FR 36668 responding to petitioners’ allegations of addition, Yulong requested that if the (July 5, 2007) (Initiation Notice). critical circumstances on September 24, Department declined to revisit its On July 26, 2007, the Department 2007. Petitioners responded to mandatory respondent selection selected the three largest Chinese Shuangjie’s comments on September 27, process, that Yulong be allowed to producers/exporters of circular welded 2007. The Department issued participate as a voluntary respondent. carbon quality steel pipe (CWP), Tianjin questionnaires to the respondent On August 23, 2007, the Department Shuangjie Steel Pipe Group Co., Ltd. companies regarding the critical declined Yulong’s request that the (Shuangjie), Weifang East Steel Pipe Co., circumstances allegation on October 24, Department revisit its mandatory Ltd. (East Pipe), and Zhejiang Kingland 2007. Responses to these questionnaires respondent selection process. However, Pipeline and Technologies Co., Ltd. were received from Kingland and East the Department did state that it would (Kingland), as mandatory respondents. Pipe on October 31, 2007, and consider accepting Yulong as a See Memorandum to Stephen J. Claeys, November 1, 2007, respectively. As voluntary respondent at a later date. Deputy Assistant Secretary for Import explained further below, Shuangjie did Yulong filed timely responses to the Administration, ‘‘Respondent not respond. We address the allegation Department’s CVD questionnaires on Selection’’ (July 26, 2007). This of critical circumstances below. September 17, 2007, and September 24, memorandum is on file in the On September 24, 2007, petitioners 2007. Department’s Central Records Unit in requested that the Department extend Even though Shuangjie has Room B–099 of the main Department the deadline for the submission of new withdrawn from the investigation, we building (CRU). On July 27, 2007, we subsidy allegations beyond September were unable to analyze Yulong’s issued the countervailing duty (CVD) 26, the normal deadline established in voluntary responses for consideration in questionnaire to the Government of the the Department’s regulations. See 19 this preliminary determination. People’s Republic of China (GOC), East CFR 351.301(d)(4)(i)(A). The Shuangjie’s October 31, 2007 Pipe, Kingland, and Shuangjie. Department granted an extension of the withdrawal came five days before the On July 31, 2007, the International deadline to October 5, and on that date preliminary determination and, thus, Trade Commission (ITC) issued its received additional new subsidy the Department was unable to complete affirmative preliminary determination allegations from the petitioners. The the necessary analyses of Yulong’s that there is a reasonable indication that Department intends to address those submissions and issue the necessary an industry in the United States is allegations in the near future. supplemental questionnaires in materially injured by reason of allegedly We received responses to our CVD sufficient time for the preliminary subsidized imports of CWP from the questionnaires from the GOC and the determination. Furthermore, the People’s Republic of China (PRC). See respondent companies on September 17, Department will not have sufficient time Circular Welded Carbon–Quality Steel 2007, September 24, 2007, September or resources to analyze Yulong’s Pipe from the PRC, Investigation Nos. 25, 2007, and October 19, 2007. The responses during the remainder of this 701–TA–447 and 731–TA–1116, 72 FR petitioners filed comments on these investigation. Based on our experiences 43295 (Preliminary) (August 3, 2007). responses as follows: GOC - September with the mandatory respondents in this On August 2, 2007, we published a 24, 2007, October 1, 2007 and October investigation, it is likely that detailed postponement of the preliminary 11, 2007; East Pipe - September 25, supplemental questionnaires will be determination of this investigation until 2007, September 27, 2007, and October required in order to gather the November 5, 2007. See Circular Welded 1, 2007; Kingland - September 25, 2007, information necessary to calculate an Carbon Quality Steel Pipe from the and October 1, 2007; and, Shuangjie - CVD rate for Yulong. At this point in the People’s Republic of China: Notice of September 25, 2007, and October 1, proceeding, analyzing Yulong’s Postponement of Preliminary 2007. responses and issuing detailed

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supplemental questionnaires prior to black, galvanized, or painted), end and (g) line pipe produced to only API the final determination would be finish (e.g., plain end, beveled end, specifications. extremely burdensome and would likely grooved, threaded, or threaded and The pipe products that are the subject inhibit the timely completion of the coupled), or industry specification (e.g., of this investigation are currently investigation. Consequently, the ASTM, proprietary, or other), generally classifiable in HTSUS statistical Department is not accepting Yulong as known as standard pipe and structural reporting numbers 7306.30.10.00, a voluntary respondent and will not pipe (they may also be referred to as 7306.30.50.25, 7306.30.50.32, calculate an individual countervailing circular, structural, or mechanical 7306.30.50.40, 7306.30.50.55, duty rate for Yulong. tubing). 7306.30.50.85, 7306.30.50.90, On November 2, 2007, petitioners Specifically, the term ‘‘carbon 7306.50.10.00, 7306.50.50.50, requested that the final determination of quality’’ includes products in which (a) 7306.50.50.70, 7306.19.10.10, this countervailing duty investigation be iron predominates, by weight, over each 7306.19.10.50, 7306.19.51.10, and aligned with the final determination in of the other contained elements; (b) the 7306.19.51.50. However, the product the companion antidumping duty carbon content is 2 percent or less, by description, and not the HTSUS investigation in accordance with section weight; and (c) none of the elements classification, is dispositive of whether 705(a)(1) of the Tariff Act of 1930, as listed below exceeds the quantity, by merchandise imported into the United amended (the Act). We address this weight, as indicated: States falls within the scope of the request below. (i) 1.80 percent of manganese; investigation. Scope Comments (ii) 2.25 percent of silicon; Use of Facts Otherwise Available (iii) 1.00 percent of copper; In accordance with the preamble to (iv) 0.50 percent of aluminum; Sections 776(a)(1) and (2) of the Act the Department’s regulations, we set (v) 1.25 percent of chromium; provide that the Department shall apply aside a period of time in our Initiation (vi) 0.30 percent of cobalt; ‘‘facts otherwise available’’ if, inter alia, Notice for parties to raise issues (vii) 0.40 percent of lead; necessary information is not on the regarding product coverage, and (viii) 1.25 percent of nickel; record or an interested party or any encouraged all parties to submit (ix) 0.30 percent of tungsten; other person: (A) withholds information comments within 20 calendar days of (x) 0.15 percent of molybdenum; that has been requested; (B) fails to publication of that notice. See (xi) 0.10 percent of niobium; provide information within the Antidumping Duties; Countervailing (xii) 0.41 percent of titanium; deadlines established, or in the form Duties, 62 FR 27296, 27323, (May 19, (xiii) 0.15 percent of vanadium; or and manner requested by the 1997) and Initiation Notice, 72 FR at (xiv) 0.15 percent of zirconium. Department, subject to subsections (c)(1) 36669. Standard pipe is made primarily to and (e) of section 782 of the Act; (C) On July 19, 2007, the petitioners American Society for Testing and significantly impedes a proceeding; or submitted comments concerning the Materials (‘‘ASTM’’) specifications, but (D) provides information that cannot be scope of the CWP antidumping and can be made to other specifications. verified as provided by section 782(i) of countervailing duty investigations. Standard pipe is made primarily to the Act. MAN FERROSTAAL INC., MACSTEEL ASTM specifications A–53, A–135, and Where the Department determines SERVICE CENTERS USA, and A–795. Structural pipe is made that a response to a request for SUNBELT GROUP L.P. (collectively, primarily to ASTM specifications A–252 information does not comply with the FERROSTAAL) also submitted and A–500. Standard and structural request, section 782(d) of the Act comments concerning the scope of these pipe may also be produced to provides that the Department will so investigations on July 19, 2007. The proprietary specifications rather than to inform the party submitting the petitioners and FERROSTAAL both industry specifications. This is often the response and will, to the extent submitted rebuttal comments on July 26, case, for example, with fence tubing. practicable, provide that party the 2007. Pipe multiple–stenciled to a standard opportunity to remedy or explain the We have analyzed the comments of and/or structural specification and to deficiency. If the party fails to remedy the interested parties regarding the any other specification, such as the the deficiency within the applicable scope of this investigation. See American Petroleum Institute (‘‘API’’) time limits and subject to section 782(e) Memorandum to Stephen J. Claeys, API–5L or 5L X–42 specifications, is of the Act, the Department may Deputy Assistant Secretary for Import also covered by the scope of this disregard all or part of the original and Administration, Re: Scope of the investigation when it meets the physical subsequent responses, as appropriate. Antidumping and Countervailing Duty description set forth above and also Section 782(e) of the Act provides that Investigations of Circular Welded satisfies one or more of the following the Department ‘‘shall not decline to Carbon Quality Steel Pipe from the characteristics: is a single random consider information that is submitted People’s Republic of China, ‘‘Analysis of length; less than 2.0 inches (50 mm) in by an interested party and is necessary Comments and Recommendation for outside diameter; has a galvanized and/ to the determination but does not meet Scope of Investigations’’ (November 5, or painted surface finish; or has a all applicable requirements established 2007). Our position on these comments threaded and/or coupled end finish. by the administering authority’’ if the is reflected below. The scope of this investigation does information is timely, can be verified, is not include: (a) pipe suitable for use in not so incomplete that it cannot be used, Scope of the Investigation boilers, superheaters, heat exchangers, and if the interested party acted to the The scope of this investigation covers condensers, refining furnaces and best of its ability in providing the certain welded carbon quality steel feedwater heaters, whether or not cold information. Where all of these pipes and tubes, of circular cross- drawn; (b) mechanical tubing, whether conditions are met, the statute requires section, and with an outside diameter of or not cold–drawn; (c) finished the Department to use the information if 0.372 inches (9.45 mm) or more, but not electrical conduit; (d) finished it can do so without undue difficulties. more than 16 inches (406.4 mm), scaffolding; (e) tube and pipe hollows In this case, Shuangjie did not whether or not stenciled, regardless of for redrawing; (f) oil country tubular provide information we requested that wall thickness, surface finish (e.g., goods produced to API specifications; is necessary to determine a

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countervailing duty rate for this all of its proprietary information and record evidence made it clear that preliminary determination. Specifically, has withdrawn from all participation in Shuangjie could not have received Shuangjie did not respond to the the investigation thereby precluding benefits from the program because, for Department’s October 24, 2007, request verification of the public information example, we have preliminarily found for shipment data relating to the remaining on the record. Thus, the program not countervailable. See, allegation of critical circumstances, did Shuangjie failed to cooperate by not e.g., Certain Cold–Rolled Carbon Steel not respond to the Department’s October acting to the best of its ability, and our Flat Products From Korea; Final 25, 2007, supplemental questionnaire preliminary determination is based on Affirmative CVD Determination, 67 FR and, finally, on October 31, 2007, AFA. 62102 (October 3, 2002) and withdrew all of its proprietary accompanying Issues and Decision Selection of the Adverse Facts information from the record. Thus, in Memorandum at ‘‘Methodology and Available Rate reaching our preliminary determination, Background Information.’’ To calculate pursuant to section 776(a)(2)(A), and (C) In deciding which facts to use as the program rates, we have generally of the Act, we have based Shuangjie’s AFA, section 776(b) of the Act and 19 relied upon the highest program rate countervailing duty rate on facts CFR 351.308(c)(1) authorize the calculated for any responding company otherwise available. Department to rely on information in this investigation as adverse facts Section 776(b) of the Act further derived from (1) the petition, (2) a final available. See Certain In–shell Roasted provides that the Department may use determination in the investigation, (3) Pistachios from the Islamic Republic of an adverse inference in applying the any previous review or determination, Iran: Final Results of Countervailing facts otherwise available when a party or (4) any information placed on the Duty Administrative Review, 71 FR has failed to cooperate by not acting to record. It is the Department’s practice to 66165 (November 13, 2006) and the best of its ability to comply with a select, as AFA, the highest calculated accompanying Issues and Decision request for information. Section 776(b) rate in any segment of the proceeding. Memorandum at ‘‘Analysis of of the Act also authorizes the See, e.g., Certain In–shell Roasted Programs.’’ Department to use as adverse facts Pistachios from the Islamic Republic of Thus, for programs based on the available (AFA) information derived Iran: Final Results of Countervailing provision of goods at less than adequate from the petition, the final Duty Administrative Review, 71 FR remuneration, we have used the determination, a previous 66165 (November 13, 2006), and Kingland rate for the provision of hot– administrative review, or other accompanying Issues and Decision rolled steel for less than adequate information placed on the record. Memorandum at ‘‘Analysis of remuneration. For value added tax Section 776(c) of the Act provides Programs.’’ (‘‘VAT’’) programs, we are unable to that, when the Department relies on The Department’s practice when utilize company–specific rates from this secondary information rather than on selecting an adverse margin from among proceeding because neither respondent information obtained in the course of an the possible sources of information is to received any countervailable subsidies investigation or review, it shall, to the ensure that the margin is sufficiently from these subsidy programs. Therefore, extent practicable, corroborate that adverse ‘‘as to effectuate the purpose of for VAT programs we are applying the information from independent sources the facts available role to induce highest subsidy rate for any program that are reasonably at its disposal. respondents to provide the Department otherwise listed, which in this instance Secondary information is defined as with complete and accurate information is Kingland’s rate for the provision of ‘‘{i}nformation derived from the in a timely manner.’’ See Notice of Final hot–rolled steel for less than adequate petition that gave rise to the Determination of Sales at Less than Fair remuneration. investigation or review, the final Value: Static Random Access Memory Similarly, for the grant programs, we determination concerning the subject Semiconductors From Taiwan; 63 FR are not relying on the highest calculated merchandise, or any previous review 8909, 8932 (February 23, 1998). The preliminary subsidy rate because it is de under section 751 concerning the Department’s practice also ensures ‘‘that minimis. Instead, we are applying the subject merchandise.’’ See Statement of the party does not obtain a more highest calculated preliminary subsidy Administrative Action (SAA) favorable result by failing to cooperate rate, which in this instance is accompanying the Uruguay Round than if it had cooperated fully.’’ See Kingland’s rate for the provision of hot– Agreements Act, H. Doc. No. 316, 103d SAA at 870. In choosing the appropriate rolled steel for less than adequate Cong., 2d Session (1994) at 870. balance between providing a respondent remuneration. Corroborate means that the Department with an incentive to respond accurately Finally, for the seven alleged income will satisfy itself that the secondary and imposing a rate that is reasonably tax programs pertaining to either the information to be used has probative related to the respondent’s prior reduction of the income tax rates or the value. See SAA at 870. To corroborate commercial activity, selecting the payment of no income tax, we have secondary information, the Department highest prior margin ‘‘reflects a common applied an adverse inference that will, to the extent practicable, examine sense inference that the highest prior Shuangjie paid no income tax during the reliability and relevance of the margin is the most probative evidence of the period of investigation (i.e., calendar information to be used. The SAA current margins, because, if it were not year 2006). The standard income tax emphasizes, however, that the so, the importer, knowing of the rule, rate for corporations in the PRC is 30 Department need not prove that the would have produced current percent, plus a 3 percent provincial selected facts available are the best information showing the margin to be income tax rate. Therefore, the highest alternative information. See SAA at 869. less.’’ See Rhone Poulenc, Inc. v. United possible benefit for these seven income In selecting from among the facts States, 899 F. 2d 1185, 1190 (Fed. Cir. tax rate programs is 33 percent. We are available, the Department has 1990). applying the 33 percent AFA rate on a determined that an adverse inference is Because Shuangjie failed to act to the combined basis (i.e., the seven programs warranted, pursuant to section 776(b) of best of its ability, as discussed above, for combined provided a 33 percent the Act because, in addition to not each program examined, we made the benefit). This 33 percent AFA rate does responding to all of our requests for adverse inference that Shuangjie not apply to income tax deduction or information, Shuangjie has withdrawn benefitted from the program unless the credit programs. For income tax

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deduction or credit programs we are hot–rolled steel is being provided for countervailable subsidy rate for these applying the highest subsidy rate for less than adequate remuneration. With export subsidies is de minimis, use of an any program otherwise listed, which in respect to water, we are preliminarily export subsidy program is sufficient to this instance is Kingland’s rate for finding that this input is being provided make an affirmative preliminary provisions of hot–rolled-steel at less for less than adequate remuneration for determination of critical circumstances than adequate remuneration. See Shuangjie, as AFA. under section 703(e)(1)(A) of the Act. Memorandum to the File, entitled See Notice of Preliminary Affirmative Critical Circumstances ‘‘Selection of the Adverse Facts Countervailing Duty Determination, Available Rate for Tianjin Shuangjie On September 17, 2007, petitioners Preliminary Affirmative Critical Steel Pipe Co., Ltd.’’ (November 5, 2007) requested that the Department make an Circumstances Determination, and (this memorandum is on file in the expedited finding that critical Alignment of Final Countervailing Duty Department’s CRU). circumstances exist with respect to Determination With Final Antidumping We do not need to corroborate the imports of CWP from the PRC. Section Duty Determination: Certain Softwood calculated subsidy rates we are using as 703(e)(1) of the Act states that if the Lumber Products From Canada, 66 FR AFA because they are not considered petitioner alleges critical circumstances, 43186, 43189–90 (August 17, 2001); and secondary information as they are based the Department will determine, on the Notice of Amended Final Affirmative on information obtained in the course of basis of information available to it at the Countervailing Duty Determination and this investigation. See section 776(c) of time, if there is a reason to believe or Notice of Countervailing Duty Order: the Act; see also the SAA at 870. suspect the alleged countervailable Certain Softwood Lumber Products We have also identified certain subsidy is inconsistent with the WTO From Canada, 67 FR 36070 (May 22, instances in which the GOC has failed Agreement on Subsidies and 2002) (the unchanged final to cooperate to the best of its ability in Countervailing Measures (the SCM determination). providing requested information. First, Agreement) and whether there have Regarding Shuangjie, we have made in our questionnaire, we asked the GOC been massive imports of the subject an adverse inference that Shuangjie to provide information about the hot– merchandise over a relatively short benefitted from countervailable export rolled steel industry in the PRC period. and import substitution subsidy (including a description of the industry, In accordance with 19 CFR programs pursuant to our determination users of hot rolled steel in the PRC, and 351.206(c)(2)(i), because the petitioners to apply AFA to this company. whether hot–rolled steel producers are submitted a critical circumstances For ‘‘all other’’ exporters, we are state–owned enterprises). The GOC allegation more than 20 days before the basing our finding on the experience of limited its response to the ‘‘hot–rolled scheduled date of the preliminary Kingland and, therefore, find that ‘‘all steel narrow strip’’ industry, arguing determination, the Department must others’’ benefitted from export that this narrow strip industry was issue a preliminary critical subsidies. separate from the hot–rolled steel circumstances determination not later In determining whether there are industry. In our supplemental than the date of the preliminary ‘‘massive imports’’ over a ‘‘relatively questionnaire, we asked the GOC to determination. See, e.g., Policy Bulletin short period,’’ pursuant to section provide the requested information for 98/4 regarding Timing of Issuance of 703(e)(1)(B) of the Act, the Department the hot–rolled steel industry as a whole. Critical Circumstances Determinations, normally compares the import volume While some limited information was 63 FR 55364 (October 15, 1998). Due to of the subject merchandise for three provided in the GOC’s supplemental resource constraints, we were unable to months immediately preceding the questionnaire response (October 23, accommodate petitioners’ request that filing of the petition (i.e., the base 2007), the GOC stated, ‘‘We hope to the Department make an expedited period) with the three months following prove (sic) the Department a broader determination with respect to critical the filing of the petition (i.e., the analysis of hot–rolled steel producers at circumstances. Specifically, given the comparison period). Section a later date.’’ Similarly, in response to complex issues inherent to this 351.206(h)(1) of our regulations our supplemental questionnaire seeking investigation, i.e., the second provides that, in determining whether additional information on rates charged countervailing duty investigation of imports of the subject merchandise have for water in Tianjin (where Shuangjie is imports from the PRC, as well as the been ‘‘massive,’’ the Department located), the GOC responded that it had multiple other ongoing antidumping normally will examine: (i) the volume contacted the local agencies and was and countervailing duty investigations, and value of the imports; (ii) seasonal awaiting their reply (this rate the Department was unable to make a trends; and (iii) the share of domestic information had also been requested in critical circumstances determination consumption accounted for by the our initial questionnaire). prior to the preliminary results of this imports. In addition, 19 CFR The failure to provide this investigation. 351.206(h)(2) provides that an increase information within the established We preliminarily find that East Pipe in imports of 15 percent during the deadlines has impeded our received no countervailable subsidies ‘‘relatively short period’’ of time may be investigation. Moreover, the GOC has inconsistent with the SCM Agreement. considered ‘‘massive.’’ Finally, 19 CFR not provided us with any plausible Therefore, in accordance with section 351.206(i) defines ‘‘relatively short explanation as to why it cannot provide 703(e)(1) of the Act, we preliminarily period’’ as normally being the period us with the information within the determine that critical circumstances do beginning on the date the proceeding established deadlines. Therefore, we not exist with respect to imports of CWP begins (i.e., the date the petition is filed) preliminarily determine that the GOC from East Pipe. and ending at least three months later. has failed to act to the best of its ability As discussed in the Analysis of On October 31, 2007, Kingland filed and we are applying facts available with Programs section below, the Department its monthly shipment data for subject an adverse inference to address these has preliminarily determined that merchandise exported to the United omissions. With respect to hot–rolled Kingland received countervailable States for calendar years 2005 and 2006, steel, the Department is preliminarily export subsidies during the POI. These and for January through September rejecting prices in the PRC as possible export subsidies are inconsistent with 2007. Based upon these data, we benchmarks for determining whether the SCM Agreement. Although the preliminarily find that Kingland’s CWP

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imports increased more than 15 percent On November 2, 2007, petitioners specific,’’ as of 2005. See Georgetown during the ‘‘relatively short period.’’ See submitted a letter, in accordance with Steel Memo at 2. The GOC additionally Memorandum to the File Re ‘‘Critical section 705(a)(1) of the Act, requesting points to Final Affirmative Circumstances Analysis for Zhejiang alignment of the final countervailing Countervailing Duty Determination: Kingland Pipeline and Technologies duty determination with the final Sulfanilic Acid from Hungary, 67 FR Co., Ltd. Import Shipment Analysis for determination in the companion 60223 and accompanying Issues and Zhejiang Kingland Pipeline and antidumping duty investigation of CWP Decision Memorandum at Comment 1 Technologies Co., Ltd. and ‘‘All Others’’ from the PRC. Therefore, in accordance (September 25, 2003) (Sulfanilic Acid (November 5, 2007) (Import Analysis with section 705(a)(1) of the Act, and 19 from Hungary), in which the Memorandum) (this memorandum is on CFR 351.210(b)(4), we are aligning the Department declined to countervail file in the Department’s CRU). final countervailing duty determination capital infusions received by the Therefore, we preliminarily determine with the final determination in the respondent in the year prior to that the requirements of section companion antidumping duty Hungary’s transition to a market 703(e)(1)(B) of the Act have been investigation of CWP from the PRC. The economy, when Hungary also became satisfied, and that critical circumstances final countervailing duty determination subject to the countervailing duty law. exist for Kingland. will be issued on the same date as the Finally, the GOC notes that in the Regarding Shuangjie, as part of our final antidumping duty determination, preamble to the Department’s adverse facts available determination we which is currently scheduled to be countervailing duty regulations, the have made an adverse inference that issued on or about March 18, 2008. See Department states that it intends to there were massive imports from Postponement of Preliminary continue its practice of only Shuangjie over a relatively short period. Determination of Antidumping Duty countervailing subsidies bestowed after See Notice of Preliminary Determination Investigation: Circular Welded Carbon a country’s status is changed to market of Sales at Less Than Fair Value and Quality Steel Pipe from the People’s economy. See Countervailing Duties; Affirmative Preliminary Determination Republic of China (signed, November 1, Final Rule, 63 FR 65348, 65360 of Critical Circumstances: Wax and 2007) (this memorandum is on file in (November 25, 1998) (CVD Preamble). Wax/Resin Thermal Transfer Ribbons the Department’s CRU). We have carefully reviewed CFS from the PRC, the Georgetown Steel Memo, from Japan, 68 FR 71072, 71076–77 Application of the Countervailing Duty (December 22, 2003); and Notice of and the CVD Preamble, and do not agree Law to Imports from the PRC with the GOC that we are precluded Final Determination of Sales at Less On October 25, 2007, the Department from investigating subsidies bestowed Than Fair Value and Affirmative Final published Coated Free Sheet Paper from prior to 2005. In particular, although Determination of Critical the People’s Republic of China: Final 2005 served as the period of Circumstances: Wax and Wax/Resin Affirmative Countervailing Duty investigation in CFS from the PRC, we Thermal Transfer Ribbons from Japan, Determination, 72 FR 60645 (October found loans given prior to 2005 under 69 FR 11834 (March 12, 2004) (the 25, 2007) (CFS from the PRC). In that the Policy Lending Program to be unchanged final determination). determination, the Department found, ’’. countervailable. See CFS from the PRC Therefore, we preliminarily determine . . given the substantial differences and accompanying Issues and Decision that the requirements of section between the Soviet–style economies and Memorandum at Comment 12. More 703(e)(1)(B) of the Act have been the PRC’s economy in recent years, the importantly, although we found that we satisfied, and that critical circumstances Department’s previous decision not to could apply the CVD law to imports exist for Shuangjie. apply the CVD law to these Soviet–style from the PRC, we did not squarely For ‘‘all others,’’ we preliminarily economies does not act as a bar to address the issue of how far back in determine that there were massive proceeding with a CVD investigation time we should find countervailable imports over a relatively short period involving products from China.’’ CFS subsidies. Now that this issue has been based on import statistics from the ITC’s from the PRC, and accompanying Issues clearly presented in this investigation, Dataweb (adjusted to remove East Pipe’s and Decision Memorandum at Comment we preliminarily determine that it is and Kingland’s shipments). See Import 6; see also Memorandum to David M. appropriate and administratively Analysis Memorandum. Therefore, we Spooner, Countervailing Duty desirable to identify a uniform date from preliminarily determine that the Investigation of Coated Free Sheet Paper which the Department will identify and requirements of section 703(e)(1)(B) of from the People’s Republic of China - measure subsidies in the PRC for the Act have been satisfied, and that Whether the Analytical Elements of the purposes of the CVD law. critical circumstances exist for ‘‘all Georgetown Steel Opinion are We preliminarily determine that date others.’’ Applicable to China’s Present-day to be December 11, 2001, the date on Alignment of Final Countervailing Duty Economy at 2 (March 29, 2007) which the PRC became a member of the Determination with Final Antidumping (Georgetown Steel Memo). WTO. Prior to this date, many changes The GOC, in an October 11, 2007 Duty Determination were occurring in the PRC’s economy. submission in this proceeding, argues Many of the obligations undertaken by On July 5, 2007, the Department that the Department should not the PRC pursuant to its accession to the initiated the countervailing duty and investigate certain newly alleged WTO were in line with the PRC’s antidumping duty investigations on subsidies that occurred before 2005, the objective of economic reform. See CWP from the PRC. See Initiation Notice period of investigation in the CFS from Report of the Working Party on the and Initiation of Antidumping Duty the PRC proceeding. Citing the Accession of China, WT/ACC/CHN/49 Investigation: Circular Welded Carbon Georgetown Steel Memo, the GOC (October 1, 2001), for example, at Quality Steel Pipe from the People’s claims that the Department found that paragraph 4. Taken together, these Republic of China, 72 FR 36663 (July 5, ‘‘it is possible to determine whether the changes would permit the Department 2007). The countervailing duty PRC Government has bestowed a benefit to determine whether the GOC has investigation and the antidumping duty upon a Chinese producer (i.e., the bestowed a countervailable subsidy on investigation have the same scope with subsidy can be identified and measured) Chinese producers. See Georgetown regard to the merchandise covered. and whether any such benefit is Steel Memo; CFS from the PRC at

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Comments 1 and 6. Finally, the GOC regulation states that this standard will Beijing Kingland Century Technologies acknowledged the changing nature of its normally be met where there is a Co. (Kingland Century); Zhejiang economy in so far as its Accession majority voting interest between two Kingland Pipeline Industry Co., Ltd. Protocol contemplates the application of corporations or through common (Kingland Industry); and Shanxi the CVD law to the PRC, even while it ownership of two (or more) Kingland Pipeline Co., Ltd. (Shanxi remains a non–market economy (NME). corporations. Kingland). According to Kingland, See Protocol of Accession of the East Pipe: In its response, East Pipe Kingland Group and Kingland Century People’s Republic of China, WT/L/432 reported that it is affiliated with East do not produce the subject merchandise. (November 23, 2001) at Section 15(b); Pipe Transportation Facility Co., Ltd. However, because Kingland Group is see also, CFS at Comment 1. Therefore, (East Highway). East Pipe states that the parent company of Kingland, we are for this preliminary determination, we East Highway’s primary business is to preliminarily attributing subsidies have selected the date of December 11, install highway guardrails in the PRC received by Kingland Group to 2001, as the date from which we will and that East Highway did not produce Kingland, in accordance with 19 CFR measure countervailable subsidies in subject merchandise during the POI. 351.525(b)(6)(iii). the PRC. East Pipe further contends that East With respect to Kingland Century, Highway cannot be considered the this company is a domestic trading Period of Investigation holding company of East Pipe because company and does not produce any The period for which we are its ownership interest in East Pipe is merchandise. Instead, it purchased and measuring subsidies, or the period of nominal (the details of the relationship provided inputs to Kingland during the investigation (POI), is calendar year between these two companies are POI. Because it is not an input producer, 2006. proprietary). we are not treating Kingland Century as Given the unusual nature of the an input supplier as described in 19 Subsidies Valuation Information ownership relation between these CFR 351.525(b)(6)(iv) (which refers to Allocation Period companies, we preliminarily agree that subsidies received by the input The average useful life (‘‘AUL’’) any subsidies to East Highway should producer). Instead, for the preliminary period in this proceeding as described not be attributed to East Pipe under 19 determination, we are treating these in 19 CFR 351.524(d)(2) is 15 years CFR 351.525(b)(6)(iii). Moreover, inputs as being provided directly to according to the U.S. Internal Revenue because East Highway does not produce Kingland. See Memorandum from Service’s 1977 Class Life Asset subject merchandise, we preliminarily Shane Subler to Susan Kuhbach Re: Depreciation Range System for assets determine that any subsidies it receives Preliminary Affirmative Countervailing used to manufacture primary steel mill should not be attributed to East Pipe Duty Determination: Circular Welded products. No party in this proceeding under 19 CFR 351.5252(b)(6)(ii). See Carbon Quality Steel Pipe from the has disputed this allocation period. Memorandum from Salim Bhabhrawala People’s Republic of China; Calculations Attribution of Subsidies to Susan Kuhbach Re: Preliminary for the Preliminary Determination for The Department’s regulations at 19 Negative Countervailing Duty Zhejiang Kingland Pipeline and CFR 351.525(b)(6)(i) state that the Determination: Circular Welded Carbon Technologies Co., Ltd.; Kingland Group Department will normally attribute a Quality Steel Pipe from the People’s Co., Ltd., and Beijing Kingland Century subsidy to the products produced by the Republic of China; Calculations for the Technologies Co. (November 5, 2007) corporation that received the subsidy. Preliminary Determination for Weifang (Kingland Calculation Memorandum). However, 19 CFR 351.525(b)(6)(ii) East Steel Pipe Co., Ltd. (November 5, Kingland Industry and Shanxi directs that the Department will 2007). Kingland produced and sold subject attribute subsidies received by certain East Pipe acknowledges a second merchandise domestically during the other companies to the combined sales company with which it is legally POI. Therefore, in accordance with 19 of those companies if (1) cross– affiliated by virtue of a long–term CFR 351.525(b)(6)(ii), we are ownership exists between the investment, but which East Pipe views preliminarily including Kingland companies, and (2) the cross–owned as commercially independent (the Industry and Shanxi Kingland in the companies produce the subject details of the relationship between these subsidy calculation. merchandise, are a holding or parent two companies are also proprietary). Kingland also identified other company of the subject company, According to East Pipe, the company affiliated companies whose names produce an input that is primarily does not produce the subject indicated that they might be involved in dedicated to the production of the merchandise and does not provide the production or sales of CWP. In downstream product, or transfer a inputs to East Pipe. Because the response to our supplemental subsidy to a cross–owned company. The company does not produce subject questionnaire, Kingland reported that Court of International Trade (CIT) has merchandise or otherwise fall within these companies do not produce or sell upheld the Department’s authority to the situations described in 19 CFR the subject merchandise. See Kingland’s attribute subsidies based on whether a 351.525(b)(6)(iii)-(v), we do not need to supplemental questionnaire response company could use or direct the subsidy reach the issue of whether this company (October 19, 2007) at pages 1–6. For one benefits of another company in and East Pipe are cross–owned within of these companies, CNOOC Kingland essentially the same way it could use its the meaning of 19 CFR 351.525(b)(6)(vi), Pipeline Co., Ltd. (CNOOC Kingland), own subsidy benefits. See Fabrique de and we are not attributing any subsidies Kingland stated it produces certain Fer de Charleroi v. United States, 166 F. received by this company to East Pipe. casings tube and steel pipes that are Supp. 2d. 593, 604 (CIT 2001). Consequently, we are limiting our outside the scope of the investigation. According to 19 CFR investigation to subsidies received by Furthermore, Kingland provided 351.525(b)(6)(vi), cross–ownership East Pipe. evidence on CNOOC Kingland’s exists between two or more corporations Kingland: Kingland has responded to shareholder voting rights, board of where one corporation can use or direct the Department’s original and directors, and management to the individual assets of the other supplemental questionnaires on behalf demonstrate that cross–ownership did corporation(s) in essentially the same of itself; its parent company, Kingland not exist between Kingland and CNOOC ways it can use its own assets. This Group Co., Ltd. (Kingland Group); Kingland during the POI. After

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reviewing the current record, we rolled steel to CWP producers for less suppliers. East Pipe reported that it preliminarily determine that cross– than adequate remuneration. In purchased its steel input for CWP ownership did not exist between response to the Department’s questions entirely from privately owned suppliers. Kingland and CNOOC Kingland during on the PRC’s hot–rolled steel industry in Therefore, we preliminarily determine the POI. Moreover, we have the original questionnaire, the GOC that the GOC did not provide East Pipe preliminarily accepted Kingland’s provided information on the hot–rolled with hot–rolled steel for CWP during claims that CNOOC Kingland Pipeline steel narrow strip industry, as discussed the POI and our analysis is limited to does not produce subject merchandise. in the Selection of the Adverse Facts Kingland. Finally, Kingland’s organization chart Available Rate section, above. Citing In its response, the GOC listed the shows several additional companies that information from market observer industries that use hot–rolled steel: appear to be service companies with no MYSTEEL and industry journal articles, ‘‘construction, automobile, electronic relationship to the subject merchandise the GOC claims that the hot–rolled steel appliance, machineries, chemical or companies in which the responding narrow strip industry does not compete industries, and long transmission companies held a very limited share of with other hot–rolled steel products pipelines, etc.’’ See GOC questionnaire ownership during the POI. We have because narrow strip has a lower market response at 56 (September 17, 2007). We discussed these companies in a price, is used primarily to produce CWP preliminarily find that these industries separate, proprietary memorandum, and light section steel, and has a are ‘‘limited in number’’ and, hence, entitled ‘‘Zhejiang Kingland Pipeline production process that is different from that the provision of hot–rolled steel is Co., Ltd.: Cross–owned Companies’’ hot–rolled steel sheet. The GOC argues de facto specific under section (November 5, 2007) (this memorandum further that pipe producers incur 771(5A)(D)(i) of the Act. See also Notice is on file in the Department’s CRU). We additional cost in slitting hot–rolled of Final Affirmative Countervailing Duty have preliminarily excluded these steel sheet into a narrow strip product. Determination: Certain Cold–Rolled companies from the subsidy calculation. In their pre–preliminary comments, Carbon Flat Steel Products from the Therefore, based on information the petitioners reject the GOC’s Republic of Korea, 67 FR 62102 (October currently on the record, we argument that hot–rolled steel narrow 3, 2002) and accompanying Issues and preliminarily determine that cross– strip production is a separate industry. Decision Memorandum at Comment 1 ownership within the meaning of 19 Referring to price information provided and Comment 2, where the Department CFR 351.525(b)(6)(vi) exists between by the GOC, the petitioners contend that found that Posco’s provision of hot– Kingland, Kingland Group, Kingland prices for hot–rolled steel narrow strip rolled coil was countervailable. Century, Kingland Industry, and Shanxi and hot–rolled wide coil move in We further determine preliminarily Kingland. Because we preliminarily tandem. Moreover, citing the that the GOC’s provision of hot–rolled determine that Kingland, Kingland respondents’ reported purchase steel through its state–owned producers Industry, and Shanxi Kingland are information, petitioners argue that the is a financial contribution within the cross–owned producers of the subject respondents use both products in their meaning of section 771(5)(D)(iii) and merchandise, as addressed in 19 CFR production of subject merchandise. that it confers a benefit on CWP 351.525(b)(6)(ii), we are attributing the Therefore, the petitioners argue that the producers because the good is being subsidies received by the three Department should analyze the hot– sold for less than adequate companies to their combined sales. We rolled steel industry as a whole, not remuneration as described in section also preliminarily determine that only the production of hot–rolled steel 771(5)(E)(iv). In determining what subsidies received by Kingland Group narrow strip. constitutes adequate remuneration, the should be attributed to the consolidated We preliminarily agree with Department is not relying on prices in sales of the parent company and its petitioners and do not find the the PRC, as explained in the Selection subsidiaries. See 19 CFR producers of hot–rolled steel narrow of the Adverse Facts Available Rate 351.525(b)(6)(iii). strip to be an industry separate from the section, above. Instead, in accordance wider hot–rolled steel industry because with 19 CFR 351.511(a)(2), we have Benchmark there is no clear distinction between used a world market price as a Petitioners alleged that Baosteel hot–rolled steel narrow strip and other benchmark to compare to the received countervailable loans and that hot–rolled steel. The GOC relies on respondents’ reported purchase prices it was uncreditworthy (see, Initiation price information provided by from state–owned steel suppliers. Notice, 72 FR at 36671). Because we did MYSTEEL to define hot–rolled steel Specifically, we used the ‘‘World Export not select Baosteel as a mandatory narrow strip as having a width of less Price’’ from Steel Benchmarker, as respondent in this investigation, we are than 1000 millimeters and hot–rolled provided in Exhibit 38 of the making no finding regarding that steel sheet as having a width of no less petitioners’ pre–preliminary comments company’s creditworthiness. than 1250 millimeters. However, these (October 26, 2007). definitions leave out a classification for To calculate the benefit, we compared Analysis of Programs products between 1000 millimeters and the monthly weighted–average price Based upon our analysis of the 1250 millimeters wide. Therefore, there paid by Kingland for hot–rolled steel petition and the responses to our is no specific width that distinguishes purchased from state–owned enterprises questionnaires, wedetermine the hot–rolled steel narrow strip from other (SOEs) to the average monthly prices following: hot–rolled steel sheet. Moreover, all of reported in Steel Benchmarker. Steel I. Programs Preliminarily Determined to the products are hot–rolled steel, which Benchmarker does not include prices Be Countervailable is the input product on which the for January - March 2006; therefore, we A. Provision of Inputs for Less than Department initiated an investigation. have used the April 2006 price as a Adequate Remuneration Therefore, we are basing our surrogate. On this basis, we preliminary analysis on the hot–rolled preliminarily determine that Kingland Hot–rolled Steel steel industry as a whole. received a countervailable benefit of The Department initiated an Kingland reported that it purchased 16.57 percent ad valorem. investigation into whether state–owned hot–rolled steel for its CWP from GOC– For certain of Kingland’s suppliers, steel producers in the PRC provide hot– owned hot–rolled steel producers and we did not have information about their

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ownership and did not have time to countervailing duty rate. See, e.g., Final the provision of loans extended by GOC request it for this preliminary Results of Countervailing Duty Policy Banks and state–owned determination, therefore, it is unclear Administrative Review: Low Enriched commercial banks. See CFS from the what portion of this steel is provided by Uranium from France, 70 FR 39998 PRC and accompanying Issues and SOEs. We intend to seek this supplier (July 12, 2005), and the accompanying Decision Memorandum at Comment 8. information for our final determination. Issues and Decision Memorandum at In this investigation, the evidence For the preliminary determination, we ‘‘Purchases at Prices that Constitute submitted to date does not support a have relied on neutral facts available ’More than Adequate Remuneration’’’ finding that the CWP industry in the and treated this pool of steel as having (citing Final Results of Administrative PRC received preferential financing been provided by suppliers in the same Review: Certain Softwood Lumber pursuant to the GOC’s Iron and Steel proportion as reported for known SOE Products from Canada, 69 FR 75917 Policy. Therefore, we preliminarily and non–SOE suppliers. See Kingland (December 20, 2004)). determine that producers and exporters Calculation Memorandum. Kingland Group reported that it of CWP in the PRC did not receive received a Super Star Enterprise award government policy loans. We will, B. Other Subsidies (Kingland) from Huzhou City. Kingland Group however, continue to investigate Kingland, Kingland Group, and explained that Huzhou City granted this whether the GOC’s Iron and Steel Policy Kingland Industry reported that they award based on the total value of a or other plans apply to the CWP received different city, district, and company’s sales. The company met the industry, and, if so, the purpose of those provincial grants related to export relevant sales threshold for 2005 and policies and whether preferential assistance, research and development, received this award in 2006. lending was provided to the CWP and other business activities in 2004, We preliminarily determine that industry pursuant to those policies. 2005, and 2006. Kingland only Kingland received a countervailable B. Provision of Inputs for Less than identified two of these programs, the subsidy under the Huzhou City Super Adequate Remuneration ‘‘Electromechanical Products Star Enterprises award program. We Electricity: According to the GOC, Technologies Renovation Project Fund’’ find that this grant is a direct transfer of electricity in the PRC is produced by and ‘‘Superstar Enterprise’’ award, as funds within the meaning of section numerous power plants and it is public information. Kingland designated 771(5)(D)(i) of the Act, providing a transmitted for local distribution by two information about the other programs as benefit in the amount of the grant. See state–owned transmission companies, business proprietary. Therefore, we 19 CFR 351.504(a). We further State Grid and China South Power Grid. have addressed these programs in more preliminarily determine that the grant Generally, prices for uploading detail in the Kingland Calculation provided under this program is limited electricity to the grid and transmitting it Memorandum. Current information on as a matter of law to certain enterprises, are regulated by the GOC, as are the the record does not indicate that these i.e., enterprises that exceed certain sales final sales prices. See, e.g., Circular on grants are tied to any of the programs values during a year. Hence, we Implementation Measures Regarding discussed in this notice. preliminarily find that the subsidy is Reform of Electricity Prices, We preliminarily determine that all specific under section 771(5A)(D)(i) of (FAGAIJIAGE {2005} No. 514, National the grants received in 2004 and 2005 the Act. Development and Reform Commission) should be expensed in those years, i.e., To calculate the countervailable at Appendix 3 of the Provisional prior to the POI because even if they subsidy, we used our standard Measures on Prices for Sales of were treated as non–recurring, the total methodology for non–recurring grants. Electricity at Article 29 (‘‘Government amount received was less than 0.5 See 19 CFR 351.524(b). Because the departments in charge of pricing at percent of the relevant sales in those award was not tied to any specific various levels shall be responsible for years (see 19 CFR 351.524(b)(2)). Hence, product, we attributed the subsidy to the administration and supervision of they would confer no benefit in the POI. the consolidated sales of the Kingland electricity sales prices.’’), provided For the export assistance grants Group. Also, because the benefit was within the GOC response at Exhibit 114 received in 2006, certain of them less than 0.5 percent, the entire amount (September 17, 2007). pertained to markets other than the was attributed to the POI. On this basis, Electricity consumers are divided into United States. We have not included we preliminarily determine the broad categories such as residential, these in our analysis pursuant to 19 CFR countervailable subsidy to be 0.02 commercial, large–scale industry and 351.525(b)(4). For the remaining export percent ad valorem for Kingland. agriculture. The rates charged vary assistance grant, we preliminarily For the remaining grants, we intend to across customer categories and within determine the grant is a countervailable seek further information for our final customer categories based on the subsidy within the meaning of section determination. amount of electricity consumed. 771(5) of the Act. It is a financial II. Programs Preliminarily Determined to Moreover, among industrial users, contribution under section 771(5)(D)(i), Be Not Countervailable certain industries are specifically and it provides a benefit in the amount A. Government Policy Lending Program broken out and these industries receive of the grant (see 19 CFR 351.504(a)). In CFS from the PRC, the Department special, discounted rates. Based on our Finally, because it is contingent upon found Government Policy Lending to review of the rate schedules submitted export performance, it is specific under provide a countervailable subsidy for two of the three provinces in which section 771(5A)(B). because record evidence indicated that: the respondents are located, discounted To calculate the benefit, we divided (i) the GOC had a policy in place to rates are established for producers of the amount received by Kingland’s encourage and support the growth and calcium carbide, electrolyte caustic export sales in 2006. On this basis, we development of the forestry and paper alkali, synthetic ammonia, yellow preliminarily determine that a industry through preferential financing phosphorus with electric furnace, and countervailable subsidy of less than .005 initiatives as illustrated in the GOC’s chemical fertilizer producers. For the percent ad valorem exists for Kingland. five-year plans and industrial policies; third province, discounted rates are Where the countervailable subsidy rate and (ii) the GOC’s policy toward the established for the production of chlor for a program is less than .005 percent, paper industry was carried out by the alkali, electrolyte aluminum, and the program is not included in the total central and local governments through chemical fertilizer. Thus, there is not a

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discounted rate for CWP producers and, {2004} No. 209 and Circular of Huzhou 351.517(a); see also 19 CFR 351.102 (for according to the GOC, the number of City People’s Government on Approving a definition of ‘‘indirect tax’’). customers in the large–scale enterprise and Forwarding the Provisional Information in the company responses category (which includes the CWP Regulation on the Collection of River shows that East Pipe and Kingland paid producers) ranges from over 400 to more Network Water Supply Fee Issued by the VAT on their inputs, and applied for than 2200, across these three localities. City Water Resource Bureau and received a VAT refund on their Based on the record evidence, we HUZHENGFA {2002} No. 39, provided export sales. preliminarily determine that the within the GOC supplemental response To determine whether a benefit was provision of electricity to large–scale as exhibits S - 5 and S - 6 (October 23, provided under this program, the enterprises in the PRC is neither de jure 2007). These two schedules show that Department analyzed whether the nor de facto specific. Although uniform rates are charged, with no amount of VAT exempted during the producers in a few particular industries discounts for any industry groups. POI exceeded the amount levied with are eligible for discounts under the law, Therefore, for the same reasons respect to the production and all other large–scale enterprises within described above for electricity, we distribution of like products when sold a locality pay the same rate for their preliminarily determine that record for domestic consumption. Because the electricity. Moreover, the absence of evidence demonstrates that the VAT rate levied on CWP in the domestic price discrimination among most users provision of water in Zhejiang Province market (17 percent) exceeded the may also support a preliminary finding and Huzhou City (location of Kingland amount of VAT exempted upon the that electricity is not being provided to Pipe) is neither de jure nor de facto export of CWP (13 percent), the CWP producers for less than adequate specific. Consequently, we preliminarily Department preliminarily determines remuneration. See Countervailing find that the government’s provision of that, for the purposes of this Duties; Final Rule, 63 FR 65348, 65378 water does not confer a countervailable investigation, the VAT refund received (November 25, 1998) (discussing that, subsidy on Kingland. upon the export of CWP does not confer where the government is the sole Because the GOC has failed to provide a countervailable benefit. provider of a good or service, especially the requested rate information for water III. Post–POI Programs in the case of electricity, land or water, purchased by Shuangjie, we are the Department may assess whether the preliminarily treating this program as E. Government Restraints on Exports government price was set in accordance countervailable for this company. See Hot–rolled Steel and Zinc: Petitioners with market principles, which may Selection of Adverse Facts Available alleged that the GOC restrains exports of include an analysis of whether there is Rate section, above. hot–rolled steel and zinc by means of price discrimination among the users of C. VAT Rebates (originally referred to as export taxes, which artificially suppress the good or service that is provided and ‘‘Export Incentive Payments the price a producer in the PRC can that ‘‘{w}e would only rely on a price Characterized as ‘‘VAT Rebates’’) charge for these inputs into CWP. discrimination analysis if the According to the GOC, the In its response, the GOC provided the government good or service is provided ‘‘exemption, deduction and refund’’ of Announcement on Adjustments of to more than a specific enterprise or VAT applies if a manufacturer exports Provisional Import or Export Duty for industry, or group thereof.’’). its self–produced goods by itself or via Certain Merchandises (PRC Customs On this basis, we preliminarily a trading company. See Article 1 of the Announcement No. 22, 2007) See determine that the GOC’s provision of Circular on Further Promotion of Exhibit 122 of the GOC questionnaire electricity does not confer a Methodology of ‘‘Exemption, Deduction, response (September 17, 2007). This countervailable subsidy. and Refund’’ of Tax for Exported Goods document shows that on May 30, 2007, Water: According to the GOC, water (CAISHUI (2002) No. 7) provided within the GOC announced a provisional suppliers in the PRC are highly the GOC response at Exhibit 98. Under export duty rate for hot–rolled steel of localized. Many suppliers are SOEs, the ‘‘VAT refund system,’’ when a five percent and an increase in the particularly in cities, but there is also producer/exporter purchases inputs provisional export duty rate for zinc private ownership. Water prices (e.g,, raw materials, components, fuel from five percent to ten percent. These generally are regulated by the local and power) it pays a VAT based on the changes were implemented retroactively governments. See, e.g., the Regulation purchase price of inputs. The GOC to begin on July 1, 2006. on Administration of City Water Supply reported the VAT rates paid by CWP The POI for this investigation is (Decree 158 of the State Council, 1994), producers/exports for inputs are as January 1, 2006 through December 31, provided within the GOC response at follows: hot–rolled steel strips, zinc and 2006, and the export restraints allegedly Exhibit 118 (September 17, 2007). electricity power at a rate of 17 percent; giving rise to a subsidy were announced East Pipe’s water supplier, Weifang fuel at 13 percent; and water at 6 on May 30, 2007, i.e., after the POI. Treated Water Company, Ltd., is a percent. Once the exporter/producer Although the export duties were majority privately owned company. exports subject merchandise, a VAT implemented retroactively, there is no Therefore, for East Pipe, we payment and tax exemption form is basis to conclude that the export duties preliminarily determine that water is prepared and filed with the relevant affected the prices paid by the not provided by an ‘‘authority’’ and, state tax authority. CWP exporters respondents for hot–rolled steel and hence, that no countervailable subsidy receive a VAT refund of 13 percent of zinc prior to May 30, 2007, because is bestowed. See section 771(5)(b) of the the export price. those purchases had already been made. Act. We will continue to examine The Department’s regulations state Therefore, any subsidy conferred by the whether East Pipe’s water supplier is a that in the case of an exemption upon export duties on hot–rolled steel and private entity during the course of this export of indirect taxes, a benefit exists zinc would properly be addressed under investigation. Regarding Shuangjie, the only to the extent that the Department our Program–wide Change regulation, GOC did not provide water rate determines that the amount exempted 19 CFR 351.526(a). That regulation schedules. ‘‘exceeds the amount levied with states that the Department may take a For Kingland, the GOC has provided respect to the production and program–wide change into account in the Circular on Adjusting the Water distribution of like products when sold establishing the estimated Resource Charge Rate ZHEJAIFEI for domestic consumption.’’ 19 CFR countervailing duty cash deposit rate if:

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(1) the Department determines that I. Preferential Tax Policies for Research purchase of land–use rights for similar subsequent to the period of and Development at FIEs industrial land. investigation or review, but before a J. Income Tax Credits on Purchases of The GOC has indicated, and the preliminary determination in an Domestically Produced Equipment by company responses appear to confirm, investigation, a program–wide change Domestically Owned Companies that the administration of state–owned has occurred; and (2) the Department is K. Income Tax Credits on Purchases of lands is highly decentralized with the able to measure the change in the Domestically Produced Equipment by authority to sell, lease, or invest land– amount of countervailable subsidies FIEs use rights left to local authorities. At provided under the program in L. Program to Rebate Antidumping question. Legal Fees in Shenzen and Zhejiang this time, we do not have sufficient In this investigation, East Pipe and Provinces information from the local governments Kingland submitted their monthly to determine whether their provision of purchase prices for hot–rolled steel and M. Funds for ‘‘Outward Expansion’’ of land–use rights to East Pipe and zinc for periods prior to and following Industries in Guangdong Province Kingland confers a countervailable the May 30, 2007, announcement. The N. Export Interest Subsidy Funds for subsidy. In particular, we do not know data show fluctuations in the prices of Enterprises Located in Shenzhen and how prices for land–use rights are set or these inputs both before and after the Zhejiang Provinces the methods for transferring land–use announcement of the export duties. O. Loans Pursuant to Liaoning rights. We intend to seek further Moreover, the data available for the Province’s Five-year Framework information on these questions and to months after the announcement are P. VAT and Tariff Exemptions on issue an interim analysis describing our limited. For these reasons, we cannot Imported Equipment preliminary findings with respect to this measure the subsidy, if any, arising from Q. VAT Rebates on Domestically program before the final determination the imposition of the export duties, and Produced Equipment so that parties will have the opportunity we are not including these alleged R. The State Key Technologies to comment on our findings before the subsidy programs in our cash–deposit Renovation Project Fund final determination. rates. S. Grants to Loss–making State–owned Other Subsidies (Kingland) IV. Programs Determined To Be Enterprises Terminated T. Provision of Inputs for Less Than As explained in the Programs Adequate Remuneration: Natural Gas A.Exemption from Payment of Staff and Preliminarily Determined to Be U. Foreign Currency Retention Program Worker Benefits for Export–oriented Countervailable section, above, For purposes of this preliminary Industries Kingland received grants from various determination, we have relied on the city, district, and provincial The Department has determined that GOC’s and respondent companies’ this program was terminated on January governments. We have preliminarily responses to preliminarily determine determined certain of these grants to be 1, 2002, with no residual benefits. See non–use of the programs listed above. CFS from the PRC and accompanying countervailable. However, for the other During the course of verification, the grants, we intend to seek further Issues and Decision Memorandum at Department will further investigate information regarding the programs ‘‘Programs Determined to be whether these programs were used by under which they were given. Terminated.’’ respondent companies during the POI. V. Programs Preliminarily Determined VI.Programs for Which More Verification To Be Not Used By East Pipe and Information is Required Kingland In accordance with section 782(i)(1) of A.Provision of Land for Less than the Act, we will verify the information We preliminarily determine that East Adequate Remuneration submitted by the respondents prior to Pipe and Kingland did not apply for or Citing Article 29 of the making our final determination. receive benefits during the POI under Implementation Rules of the Law on the programs listed below. Administration of Land, land–use rights Suspension of Liquidation A.Loans and Interest Subsidies Provided can be obtained from the government in Pursuant to the Northeast Revitalization In accordance with section one of three ways: 1) purchase; 2) lease; 703(d)(1)(A)(i) of the Act, we calculated Program and 3) as an equity investment (see GOC an individual rate for each exporter/ B. The ‘‘Two Free, Three Half’’ Program response at Exhibit 121 (September 17, manufacturer of the subject C. Reduced Income Tax Rates for 2007)). The GOC further states that the merchandise. We preliminarily Foreign Invested Enterprises (FIEs) price of land–use rights may be Based on Location determined by means of public bidding, determine the total estimated net D. Local Income Tax Exemption and auction, independent appraisal, and countervailable subsidy rates to be: Reduction Program for ‘‘Productive’’ negotiation. FIEs Net Sub- East Pipe reported that it obtained its Exporter/Manufacturer sidy Rate E. Income Tax Exemption Program for land–use rights through the Export–oriented FIEs management buy–out of Maite Steel in Tianjin Shuangjie Steel Pipe Co., F. Corporate Income Tax Refund 2001 and East Pipe has provided Ltd., Tianjin Shuangjie Steel Program for Reinvestment of FIE Profits appraisals which, it claims, demonstrate Pipe Group Co., Ltd., Tianjin in Export–oriented Enterprises that adequate remuneration was paid for Wa Song Imp. & Exp. Co., G. Reduced Income Tax Rate for the land. Kingland Group purchased its Ltd., and Tianjin Shuanglian Technology and Knowledge Intensive land use rights in 2000 and transferred Galvanizing Products Co., Ltd. 264.98 FIEs a portion of these to Kingland Pipeline Weifang East Steel Pipe Co., Ltd...... 0 H. Reduced Income Tax Rate for High or in 2002. Kingland provided reference New Technology FIEs prices contemporaneous with its

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Net Sub- investigation. We will allow the ITC address, and telephone; (2) the number Exporter/Manufacturer sidy Rate access to all privileged and business of participants; and (3) a list of the proprietary information in our files, issues to be discussed. Oral Zhejiang Kingland Pipeline and provided the ITC confirms that it will presentations will be limited to issues Technologies Co., Ltd., not disclose such information, either Kingland Group Co., Ltd, Bei- raised in the briefs. jing Kingland Centruy Tech- publicly or under an administrative This determination is published nologies Co., Zhejiang protective order, without the written pursuant to sections 703(f) and 777(i) of Kingland Pipeline Industry Co., consent of the Assistant Secretary for the Act. Ltd., and Shanxi Kingland Import Administration. Dated: November 5, 2007. Pipeline Co., Ltd...... 16.59 In accordance with section 705(b)(2) All Others ...... 16.59 of the Act, if our final determination is Stephen J. Claeys, affirmative, the ITC will make its final Acting Assistant Secretary for Import Sections 703(d) and 705(c)(5)(A) of determination within 45 days after the Administration. the Act state that for companies not Department makes its final [FR Doc. E7–22144 Filed 11–9–07; 8:45 am] investigated, we will determine an ‘‘all determination. BILLING CODE 3510–DS–S others’’ rate by weighting the individual company subsidy rate of each of the Disclosure and Public Comment companies investigated by each In accordance with 19 CFR DEPARTMENT OF COMMERCE company’s exports of the subject 351.224(b), we will disclose to the merchandise to the United States. parties the calculations for this International Trade Administration However, the ‘‘all others’’ rate may not preliminary determination within five North American Free-Trade include zero and de minimis rates or days of its announcement. Agreement, Article 1904 Binational any rates based solely on the facts Case briefs for this investigation must Panel Reviews available. In this investigation, because be submitted no later than one week we have only one rate that can be used after the issuance of the last verification AGENCY: NAFTA Secretariat, United to calculate the ‘‘all others’’ rate, report. See 19 CFR 351.309(c) (for a States Section, International Trade Kingland’s rate, we have assigned that further discussion of case briefs). Administration, Department of rate to ‘‘all others.’’ Rebuttal briefs must be filed within five Commerce. In accordance with sections days after the deadline for submission of ACTION: Notice of First Request for Panel 703(d)(1)(B) and (2) of the Act, we are case briefs, pursuant to 19 CFR Review. directing CBP to suspend liquidation of 351.309(d)(1). A list of authorities relied all entries of CWP from the PRC that are upon, a table of contents, and an SUMMARY: On November 6, 2007, Holcim entered, or withdrawn from warehouse, executive summary of issues should Apasco, S.A. de C.V. filed a First for consumption on or after the date of accompany any briefs submitted to the Request for Panel Review with the the publication of this notice in the Department. Executive summaries United States section of the NAFTA Federal Register, and to require a cash should be limited to five pages total, Secretariat pursuant to Article 1904 of deposit or bond for such entries of including footnotes. the North American Free Trade merchandise in the amounts indicated Section 774 of the Act provides that Agreement. Panel review was requested above. Moreover, in accordance with the Department will hold a public of the Notice of Final Results of the section 703(e)(2)(A), for Kingland, hearing to afford interested parties an Antidumping Changed Circumstances Shuangjie, and for ‘‘all other’’ Chinese opportunity to comment on arguments Review made by the International Trade exports of CWP, we are directing CBP to raised in case or rebuttal briefs, Administration, respecting Gray apply the suspension of liquidation to provided that such a hearing is Portland Cement and Clinker from any unliquidated entries entered, or requested by an interested party. If a Mexico. This determination was withdrawn from warehouse for request for a hearing is made in this published in the Federal Register (72 consumption, on or after the date 90 investigation, the hearing will FR 61863) on November 1, 2007. The days prior to the date of publication of tentatively be held two days after the NAFTA Secretariat has assigned Case this notice in the Federal Register. deadline for submission of the rebuttal Number USA–MEX–2007–1904–02 to Neither the suspension of liquidation briefs, pursuant to 19 CFR 351.310(d), at this request. nor the requirement for a cash deposit the U.S. Department of Commerce, 14th or bond will apply to merchandise Street and Constitution Avenue, N.W., FOR FURTHER INFORMATION CONTACT: produced and exported by East Pipe Washington, D.C. 20230. Parties should Caratina L. Alston, United States because the Department has confirm by telephone the time, date, and Secretary, NAFTA Secretariat, Suite preliminarily determined that East Pipe place of the hearing 48 hours before the 2061, 14th and Constitution Avenue, did not receive any countervailable scheduled time. Washington, DC 20230, (202) 482–5438. subsidies. Interested parties who wish to request SUPPLEMENTARY INFORMATION: Chapter a hearing, or to participate if one is 19 of the North American Free-Trade ITC Notification requested, must submit a written Agreement (‘‘Agreement’’) establishes a In accordance with section 703(f) of request to the Assistant Secretary for mechanism to replace domestic judicial the Act, we will notify the ITC of our Import Administration, U.S. Department review of final determinations in determination. In addition, we are of Commerce, Room 1870, within 30 antidumping and countervailing duty making available to the ITC all non– days of the publication of this notice, cases involving imports from a NAFTA privileged and non–proprietary pursuant to 19 CFR 351.310(c). Requests country with review by independent bi- information relating to this should contain: (1) the party’s name, national panels. When a Request for

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Panel Review is filed, a panel is DEPARTMENT OF COMMERCE organization, to assist with the awards established to act in place of national program. The Fish for the Future courts to review expeditiously the final National Oceanic and Atmospheric Foundation is dedicated to promoting determination to determine whether it Administration education among the American public conforms with the antidumping or RIN 0648–XD80 on the need for and importance of a countervailing duty law of the country vibrant, sustainable fishing industry. that made the determination. Nominations for the 2008 Annual The Sustainable Fisheries Leadership Sustainable Fisheries Leadership Awards Program is open to fishing Under Article 1904 of the Agreement, Awards industry sectors, organizations, which came into force on January 1, individuals, and state, local and federal 1994, the Government of the United AGENCY: National Marine Fisheries government agencies and their States, the Government of Canada and Service (NMFS), National Oceanic and employees. Organizations, individuals the Government of Mexico established Atmospheric Administration (NOAA), and agencies cannot nominate Rules of Procedure for Article 1904 Commerce. themselves. A nominee cannot be Binational Panel Reviews (‘‘Rules’’). ACTION: Notice; request for nominations. nominated for more than one award These Rules were published in the category. International entities or SUMMARY: In 2006, NOAA established employees of NMFS are not eligible to Federal Register on February 23, 1994 the Sustainable Fisheries Leadership (59 FR 8686). receive an award under any category. Awards Program to annually recognize Presenting an award under each of the A first Request for Panel Review was outstanding performances, six categories will be entirely dependent filed with the United States Section of achievements and leadership by on the pool nominations received and the NAFTA Secretariat, pursuant to industries, organizations and NMFS’ determination of their Article 1904 of the Agreement, on individuals who promote best qualifications. As such, there may be November 6, 2007, requesting panel stewardship practices for the years in which an award is not review of the Notice of Final sustainable use of living marine presented under one or more of the Antidumping Changed Circumstances resources and ecosystems, and who categories. Review described above. have fostered change and inspired a Nominated through a public process, stewardship ethic within their The Rules provide that: nominees will be considered for the community. This notice solicits following categories: Special (a) A Party or interested person may nominations of qualified individuals for Recognition Award, Stewardship & challenge the final determination in the third annual Sustainable Fisheries Sustainability Award, Conservation whole or in part by filing a Complaint Leadership Awards in six award Partnership Award, Science, Research & in accordance with Rule 39 within 30 categories listed in this Notice. NMFS Technology Award, Coastal Habitat days after the filing of the first Request has partnered with the Fish for the Restoration Award, and Public for Panel Review (the deadline for filing Future Foundation for this awards Education, Community Service & Media a Complaint is December 6, 2007); program. Award. (b) a Party, investigating authority or DATES: Nomination forms and required Nominations must be submitted on interested person that does not file a supporting materials must be received the official nomination form available at Complaint but that intends to appear in on or before February 11, 2008. www.nmfs.noaa.gov/awards/ or support of any reviewable portion of the ADDRESSES: Nominations should be sent www.fish4thefuturefoundation.org, and submitted electronically, mailed or final determination may participate in electronically to the Fish for the Future faxed to Fish for the Future Foundation the panel review by filing a Notice of Foundation, nominations@fish4the (see DATES and ADDRESSES). Relevant Appearance in accordance with Rule 40 futurefoundation.org. Nominations can also be mailed to Sustainable Fisheries supporting materials, not to exceed 10 within 45 days after the filing of the first pages in length, may be submitted along Request for Panel Review (the deadline Leadership Awards, √ Fish for the Future Foundation, 3382 Gunston Road, with the nomination form. At least one for filing a Notice of Appearance is reference is required however no more December 21, 2007); and Alexandria, VA 22302, or faxed to (703) 379–5777. All information and official than three references or endorsements (c) the panel review shall be limited nomination forms can be accessed will be accepted or considered by the to the allegations of error of fact or law, electronically at the Fish for the Future review panel. Nominations will be including the jurisdiction of the Foundation website www.fish4thefuture reviewed by the Marine Fisheries investigating authority, that are set out foundation.org or NMFS website Advisory Committee (a federal advisory in the Complaints filed in the panel www.nmfs.noaa.gov/awards/. group established to advise the Secretary of Commerce on living marine review and the procedural and FOR FURTHER INFORMATION CONTACT: resource issues) as well as NMFS substantive defenses raised in the panel Michele Shea, Fish for the Future leadership, making recommendations to review. Foundation, (703) 379–6101, the Assistant Administrator for Michele.Shea@fish4thefuture Dated: November 7, 2007. Fisheries. Final selection of award foundation.org. Caratina L. Alston, recipients is made by the Assistant United States Secretary, NAFTA Secretariat. SUPPLEMENTARY INFORMATION: Administrator for Fisheries and the [FR Doc. E7–22174 Filed 11–9–07; 8:45 am] Established by NMFS, the Sustainable Under Secretary of Commerce for Fisheries Leadership Awards reflect the BILLING CODE 3510–GT–P Oceans and Atmosphere. values and principles of NOAA and its The following award categories are mission to ensure sustainable open for nominations: management of U.S. fishery resources Special Recognition Award — This for the benefit of our Nation. NMFS has award honors an individual who has partnered with the Fish for the Future demonstrated a life time achievement in Foundation, an Internal Revenue innovative management and Service-approved non-profit outstanding leadership for the

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stewardship and sustainable use of Information on last year’s awards and and U.S. Caribbean. SEDAR emphasizes living marine resources. award recipients can be found at constituent and stakeholder Stewardship & Sustainability Award www.nmfs.noaa.gov/awards. participation in assessment — This award recognizes excellence in Dated: November 6, 2007. development, transparency in the promoting responsible stewardship and William T. Hogarth, assessment process, and a rigorous and innovative management for long-term independent scientific review of social, economic and biological Assistant Administrator for Fisheries, National Marine Fisheries Service. completed stock assessments. sustainability of living marine resources. [FR Doc. E7–22145 Filed 11–9–07; 8:45 am] SEDAR is organized around three Conservation Partnership Award — BILLING CODE 3510–22–S workshops. The first in the series for the This award recognizes outstanding SCS assessment, the Data Workshop, achievement in cooperative and was held in Panama City, FL, February DEPARTMENT OF COMMERCE collaborative work among stakeholder 5 through February 9, 2007, and groups to foster best practices in National Oceanic and Atmospheric reviewed and compiled fisheries, sustainable living marine resources Administration monitoring, and life history data. An management. Assessment Workshop, the second Science, Research & Technology RIN 0648–XD51 workshop in the series, was held in Award — This award recognizes Panama City, FL, May 7 through May Stock Assessment of Small Coastal excellence in the field of applied 11, 2007, and developed assessment fisheries research. Nominations will be Sharks in the U.S. Atlantic and Gulf of Mexico models and estimated population considered for advancements in parameters using the information technology to improve fisheries AGENCY: National Marine Fisheries provided from the Data Workshop. The monitoring, reduce bycatch, protect Service (NMFS), National Oceanic and Review Workshop was the final habitat, conserve protected species, and Atmospheric Administration (NOAA), workshop, in which a panel of enhance fishing operations as well as Commerce. independent experts met in Panama other technological advances that ACTION: Notice of availability. City, FL, from August 6 through August reduce the impacts of human activity on 10, 2007, and reviewed the data and the marine environment. SUMMARY: NMFS announces the assessments and recommended the most Coastal Habitat Restoration Award — availability of a final stock assessment This award recognizes significant report on small coastal sharks (SCS) in appropriate values of critical population achievements made in coastal habitat the Atlantic and Gulf of Mexico. The and management quantities. All restoration, including the development report summarizes the consensus of workshops were open to the public. of innovative approaches and review panel assessments, describes More information on the SEDAR process community based support necessary to methodologies used to determine SCS can be found at http:// accomplish the ambitious goals inherent complex stock status, and details www.sefsc.noaa.gov/sedar/. with these projects. relevant working documents, including Additionally, the final stock assessment Public Education, Community Service copies of Data and Assessment report and all supporting documents & Media Award — This award workshop reports. can be found at that website under the recognizes efforts to inform the general ADDRESSES: Requests for copies of the heading ‘‘SEDAR 13 - Small Coastal public about marine fisheries and living SCS final stock assessment report Sharks.’’ marine resources in the United States, should be sent to Robert Smith, Highly The assessment reviewed data and or efforts to support the nation’s fishing Migratory Species Management Division models for the SCS complex and for communities through community (F/SF1), National Marine Fisheries each individual within the SCS service. Service (NMFS), 1315 East-West complex, as per recommendations in Evaluation of nominations will Highway, Silver Spring, MD 20910, or include but are not limited to the previous assessments. This allowed may be sent via facsimile (fax) to individual analyses, discussions, and following criteria: (301)713–1917 or phone (301)713–2347. Leadership — the individual or the stock status determinations for five Electronic copies of the stock separate assessments: 1) SCS complex, overall team effort that has been assessment and all supporting 2) Atlantic sharpnose shark, 3) demonstrated over a sustained period of documents may also be obtained on the bonnethead shark, 4) blacknose shark, time in support of the stewardship and internet at: http://www.sefsc.noaa.gov/ sustained use of living marine sedar/. and 5) finetooth sharks. These resources. assessments are included in one report FOR FURTHER INFORMATION CONTACT: For Impact on Stewardship — the degree as many of the indices, data, and issues information on the methods, data, and of stewardship and conservation ethics overlap among assessments. The Review results of the stock assessment, contact and practices fostered within the larger Panel found that the data and methods community of living marine fisheries Enric Cortes by phone at (850) 234–6541 or by fax at (850) 235–3559. used were appropriate and the best stakeholders and users. available. The Review Panel also SUPPLEMENTARY INFORMATION: This Ecological Significance — the impact endorsed recommendations for future and benefit to the overall health and assessment for SCS was conducted, as research contained in the Data abundance provided to living marine close as possible, to the procedures of Assessment workshop reports, added resources. the Southeast Data, Assessment, and Long-term Significance — the impact Review (SEDAR) process to ensure the additional recommendations, and to the science, management and best available data and techniques were provided comments on the SEDAR economic sustainability of living marine used. SEDAR is a cooperative Fishery process to consider in the future. resources. Management Council process initiated Authority: 16 U.S.C. 971 et seq. and 1801 These awards are presented annually. in 2002 to improve the quality and et seq. This is the third year of the Sustainable reliability of fishery stock assessments Fisheries Leadership Awards. in the South Atlantic, Gulf of Mexico,

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Dated: November 5, 2007. Steelhead (O. mykiss): threatened Trout, Lamprey, and Other Species in Emily H. Menashes LCR, threatened UWR, threatened the Wenatchee, Entiat, Methow, Acting Director, Office of Sustainable middle Columbia River (MCR), Okanogan, and Yakima Watersheds.’’ Fisheries, National Marine Fisheries Service. threatened SR, endangered UCR, Under the proposal, listed adult and [FR Doc. E7–22115 Filed 11–9–07; 8:45 am] threatened PS. juvenile salmon and steelhead would be BILLING CODE 3510–22–S Coho salmon (O. kisutch): threatened variously (a) captured (using nets, traps, LCR, threatened Southern Oregon and electrofishing equipment) and Northern California Coasts (SONCC). anesthetized; (b) sampled for biological DEPARTMENT OF COMMERCE Sockeye salmon (O. nerka): information and tissue samples; (c) endangered SR. tagged with PIT tags or other identifiers; National Oceanic and Atmospheric Sturgeon: Threatened green (d) marked and recaptured to determine Administration (Acipenser medirostris). trap efficiency, and (e) released. RIN 0648–XD78 The research has many purposes and Authority would benefit listed salmon and Endangered and Threatened Species; Scientific research permits are issued steelhead in different ways. In general, Take of Anadromous Fish in accordance with section 10(a)(1)(A) the purposes of the research are to (a) of the ESA (16 U.S.C. 1531 et seq.) and gain current information on the status AGENCY: National Marine Fisheries regulations governing listed fish and and productivity of various fish Service (NMFS), National Oceanic and wildlife permits (50 CFR 222–226). populations (to be used in determining Atmospheric Administration (NOAA), NMFS issues permits based on findings the effectiveness of restoration Commerce. that such permits: (1) are applied for in programs); (b) collect data on the how ACTION: Applications for three scientific good faith; (2) if granted and exercised, well artificial propagation programs are research permits and three permit would not operate to the disadvantage helping salmon recovery efforts (looking renewals. of the listed species that are the subject at hatchery and wild fish interactions); (c) support the aquatic species SUMMARY: Notice is hereby given that of the permit; and (3) are consistent restoration goals found in several NMFS has received six scientific with the purposes and policy of section regional plans; and (d) fulfill ESA research permit application requests 2 of the ESA. The authority to take requirements for several fish hatcheries. relating to Pacific salmon. The proposed listed species is subject to conditions set The fish would benefit through research is intended to increase forth in the permits. improved recovery actions, better knowledge of species listed under the Anyone requesting a hearing on an designs for hatchery supplementation Endangered Species Act (ESA) and to application listed in this notice should programs, and by being rescued outright help guide management and set out the specific reasons why a when they are stranded by low flows in conservation efforts. hearing on that application would be Eastern Washington streams. The FWS DATES: Comments or requests for a appropriate (see ADDRESSES). Such hearings are held at the discretion of the does not intend to kill any of the fish public hearing on the applications must being captured, but a small percentage be received at the appropriate address or Assistant Administrator for Fisheries, NMFS. may die as an unintentional result of the fax number (see ADDRESSES) no later research activities. than 5 p.m. Pacific standard time on Applications Received December 13, 2007. Permit 1124 Permit 1119 ADDRESSES: Written comments on the The Idaho Department of Fish and applications should be sent to the The U.S. Fish and Wildlife Service is Game is seeking to renew Permit 1124 Protected Resources Division, NMFS, seeking to renew research permit 1119 for another five years. The receipt of this 1201 NE Lloyd Blvd., Suite 1100, for another five years. The permit permit request was originally noticed in Portland, OR 97232–1274. Comments currently covers five studies that, among August of 2007 (72 FR 43628). Since may also be sent via fax to 503–230– them, would annually take adult and then, the applicant has determined that 5441 or by e-mail to juvenile endangered UCR spring they will seek approval for the majority [email protected]. chinook salmon (natural and artificially of their research though another process FOR FURTHER INFORMATION CONTACT: propagated) and UCR steelhead (natural under section 4(d) of the ESA. The Garth Griffin, Portland, OR (ph.: 503– and artificially propagated) at various remaining portions of the current permit 231–2005, Fax: 503–230–5441, e-mail: points in the Wenatchee, Entiat, would only affect juvenile and adult [email protected]). Permit Methow, Okanogan, and Yakima River endangered sockeye salmon. The application instructions are available watersheds and other points in eastern remaining research would cover two from the address above. Washington State. The ongoing research projects directed at monitoring natural SUPPLEMENTARY INFORMATION: projects are: Study 1 Peshastin Creek and hatchery Chinook salmon (during Salmonid Production and Life History which sockeye may rarely be captured), Species Covered in This Notice Investigations; Study 2 Entiat Basin one project centered on sockeye salmon The following listed species are Spawning Ground Surveys; Study 3 reintroduction in Idaho lakes, and a covered in this notice: Snorkel Surveys in the Wenatchee, general provision for rescuing and Chinook salmon (Oncorhynchus Entiat, Methow, Okanogan, and Yakima salvaging sockeye salmon. The purposes tshawytscha): threatened lower Watersheds and Other Waterways of of the research are to monitor listed Columbia River (LCR), threatened upper Eastern Washington; Study 4 Fish salmonid health, help guide sockeye Willamette River (UWR), endangered Salvage Activities in the Wenatchee, salmon recovery operations, and upper Columbia River (UCR), threatened Entiat, Methow, Okanogan, and Yakima outrightly rescue sockeye salmon in Snake River (SR) spring/summer (spr/ Watersheds and other Waterways of need of help due to circumstances such sum), threatened SR fall, threatened Eastern Washington. Study 5 would be as being trapped by low flows in Idaho Puget Sound (PS). changed from ‘‘Icicle Creek Salmonid Streams. The benefits to the salmon will Chum salmon (O. keta): threatened Production and Life History come in the form of information to help Columbia River (CR). Investigations’’ to ‘‘Capture of Bull guide resource managers in restoring the

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listed fish and, as stated, in rescuing subsequent explosion. The information (5) determine how fish pass through the them from peril. The fish would be gathered by this research would benefit Ballard Locks and identify ways to captured by various methods screw trap, listed salmonids by helping resource improve fish passage. For the habitat electrofishing, hook-and-line-angling, managers evaluate the effectiveness of use study, the applicant proposes to mid-water trawl and most would the habitat restoration efforts. The obtain juvenile Chinook salmon from a immediately be released. A few of the applicant proposes to capture fish using screw trap operated by the Washington fish may die as a result of the research. a smolt trap. Listed fish would be Department of Fish and Wildlife. An captured, identified, measured, and Permit 1406 acoustic tag would be surgically released. The applicant does not intend implanted in the captured juvenile NMFS’ Northwest Fisheries Science to kill any listed fish species, but a Chinook salmon and the fish would be Center is seeking to renew its 5 year small number may die as an unintended released into Lake Washington. In the permit to annually take juvenile (and result of the activities. predator sampling study, the applicant precocious male) threatened SR spring/ Permit 10042 would capture fish by using hook and summer chinook salmon (naturally line fishing, beach seines, and gill nets. produced) and juvenile threatened SR The U.S. Geological Survey is Listed fish captured during the predator steelhead at various places in the requesting a 5–year research permit to sampling study would be released Salmon River drainage in Idaho, at Little conduct studies of interactions between immediately. The applicant does not Goose Dam on the lower Snake River, American shad (Alosa sappidissima) intend to kill any listed fish, but a small and at multiple subbbasins in Northeast and salmonid restoration efforts in the number may die as an unintended result Oregon, Southeast Washington, and lower Columbia River. The applicant of the activities. Idaho including the Clearwater and proposes to capture a few adults and This notice is provided pursuant to Grande Ronde Rivers. The research is a juveniles of all species listed at the section 10(c) of the ESA. NMFS will continuation of long-term, ongoing beginning of this notice except for those evaluate the application, associated studies that have been in place for more found in the Puget Sound, Washington. documents, and comments submitted to than 15 years. The current permit covers The purpose of the study is to determine determine whether the application two studies: Monitoring the Migrations how shad are benefitted by or detract meets the requirements of section 10(a) of wild Snake River Spring/ summer from salmonid restoration programs in of the ESA and Federal regulations. The Chinook Salmon Smolts and Monitoring the Columbia River basin. The listed final permit decisions will not be made and Evaluating the Genetic fish will benefit from these efforts as until after the end of the 30–day Characteristics of Supplemented managers learn how the non-native shad comment period. NMFS will publish Salmon and Steelhead. The applicant is affect both the local salmonids and the notice of its final action in the Federal asking that only the first of these studies programs designed to restore them. The Register. be renewed. Under this study, the listed applicant proposes to capture the fish fish would be variously captured (using using a variety of methods: gillnetting, Dated: November 6, 2007. seines, dipnets, and electrofishing), re- electrofishing, angling, seines, cast nets, Angela Somma, captured at a smolt bypass facility, etc. All listed fish captured during the Chief, Endangered Species Division, Office anesthetized, tagged with PIT tags or research would be immediately returned of Protected Resources, National Marine otherwise marked, tissue sampled, to the water at the point of capture. The Fisheries Service. weighed, measured, and released. applicant does not propose to kill any [FR Doc. E7–22108 Filed 11–9–07; 8:45 am] The research has many purposes and listed fish, but a small number may die BILLING CODE 3510–22–S would benefit listed salmon and as an unintended result of the activities. steelhead in different ways. In general, Permit 10077 the purpose of the research is to DEPARTMENT OF DEFENSE continue monitoring juvenile The U.S. Fish and Wildlife Service’s outmigration behavior among steelhead Western Washington Fish and Wildlife Office of the Secretary and spring/summer chinook salmon Office is requesting a 1–year research populations in Idaho. The research will permit to take PS Chinook salmon and Membership of the Defense benefit the fish by continuing to supply steelhead. The purposes of the study are Information Systems Agency Senior managers with the information they to (1) provide the City of Seattle, the Executive Service Performance Review need to budget water releases at U.S. Army Corps of Engineers (Seattle Board hydropower facilities in ways that will District), and the Washington AGENCY: Defense Information Systems help protect migrating juveniles. The Department of Transportation with Agency, Department of Defense. applicant does not intend to kill any of information on juvenile Chinook salmon the fish being captured, but small movement patterns and habitat use in ACTION: Notice of Membership of the percentage may die as an unintended Lake Washington and the Lake Defense Information Systems Agency result of the research. Washington Ship Canal; and (2) collect Senior Executive Service Performance habitat use information on two key Review Board; correction. Permit 10020 predators of juvenile Chinook salmon: The City of Bellingham smallmouth bass and northern SUMMARY: On October 24, 2007 (72 FR Environmental Resources Division is pikeminnow. The information gathered 60322) the Department of Defense requesting a 5–year research permit to by this research would benefit listed published a notice announcing the take PS Chinook salmon and steelhead. salmonids by helping resource managers appointment of members to the Defense The purpose of the research is to assess (1) determine the relationship between Information Systems Agency (DISA) the effectiveness of habitat restoration habitat use and shoreline development, Performance Review Board. The listing measures implemented as part of the (2) guide the city’s efforts to improve published was incorrect. This notice Whatcom Creek long-term Restoration habitat conditions, (3) predict the effects announces the correct members. Plan. In June of 1999, aquatic and of habitat modifications, (4) help Lake DATES: Effective Date: October 24, 2007. wetland habitats in Whatcom Creek Washington municipalities with their FOR FURTHER INFORMATION CONTACT: Ms. were severely affected by a fuel leak and shoreline management programs, and Patti Wai, SES Program Manager,

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Defense Information Systems Agency, through the project Web site. Comments Executive Secretary to the Board of P.O. Box 4502, Arlington, Virginia may be mailed to the following address: Visitors, Office of the Superintendent, 22204–4502, (703) 607–4411. Naval Facilities Engineering Command U.S. Naval Academy, Annapolis, MD SUPPLEMENTARY INFORMATION: In Southwest, Attention: Ms. Ann 21402–5000, telephone: 410–293–1503. accordance with 5 U.S.C. 4214(c)(4), the Rosenberry (Code OPME.AR), 2730 SUPPLEMENTARY INFORMATION: This following are the names and titles of McKean St., Building 291, San Diego, notice of meeting is provided per the DISA career executives appointed to CA 92136. Comments may be submitted Federal Advisory Committee Act (5 serve as members of the DISA electronically at the project Web site at: U.S.C. App. 2). The executive session of Performance Review Board. Appointees http://www.nimitzcarriersseis.com. the meeting will consist of discussions will serve one-year terms, effective upon FOR FURTHER INFORMATION CONTACT: Ms. of personnel issues at the Naval publication of this notice. Ann Rosenberry, Naval Facilities Academy and internal Board of Visitors RADM Elizabeth A. Hight, USN, Vice Engineering Command Southwest, 2730 matters. The proposed closed session Director, DISA, Chairperson. McKean St., Building 291, San Diego, from 1110–1200 will include a Ms. Diann L. McCoy, Component CA 92136; telephone: 619–556–7368, discussion of new and pending courts- Acquisition Executive, DISA, facsimile: 619–556–0195. martial and state criminal proceedings involving the Midshipmen attending the Member. SUPPLEMENTARY INFORMATION: Due to the Mr. John J. Garing, Director for Strategic recent wildfires in the San Diego area, Naval Academy to include an update on Planning and Information/Chief the Department of the Navy has decided the pending/ongoing sexual assault Information Officer, DISA, Member. to extend the public scoping period for cases, rape cases, etc. The proposed Mr. John J. Penkoske, Jr., Director for this proposed action. Accordingly, the closed session from 1045–1200 will Manpower, Personnel, and Security, public scoping period is hereby include a discussion of new and DISA, Member. extended for 15 days. To receive full pending administrative/minor Dated: November 5, 2007. consideration, comments must be disciplinary infractions and nonjudicial L.M. Bynum, received on or before December 3, 2007. punishments involving the Midshipmen attending the Naval Academy to include Alternate OSD Federal Register Liaison Dated: November 7, 2007. Officer, DoD. but not limited to individual honor/ T.M. Cruz, [FR Doc. E7–22106 Filed 11–9–07; 8:45 am] conduct violations within the Brigade. Lieutenant, Judge Advocate General’s Corps, BILLING CODE 5001–06–P Discussion of such information cannot U.S. Navy, Federal Register Liaison Officer. be adequately segregated from other [FR Doc. E7–22172 Filed 11–9–07; 8:45 am] topics, which precludes opening the DEPARTMENT OF DEFENSE BILLING CODE 3810–FF–P executive session of this meeting to the public. Accordingly, the Secretary of the Department of the Navy Navy has determined in writing that the DEPARTMENT OF DEFENSE meeting shall be partially closed to the Notice of Extension of Public Scoping public because it will be concerned with Period and Intent To Prepare a Department of the Navy matters listed in section 552b(c)(5), (6), Supplemental Environmental Impact and (7) of title 5, United States Code. Statement to the Final Environmental Notice of Partially Closed Meeting of Impact Statement the U.S. Naval Academy Board of Dated: November 6, 2007. Visitors T.M. Cruz, AGENCY: Department of the Navy, DoD. Lieutenant, Judge Advocate Generals Corps, AGENCY: Department of the Navy, DoD. ACTION: Notice. U.S. Navy, Federal Register Liaison Officer. ACTION: Notice. [FR Doc. E7–22113 Filed 11–9–07; 8:45 am] SUMMARY: Pursuant to section 102(2)(C) BILLING CODE 3810–FF–P of the National Environmental Policy SUMMARY: The U.S. Naval Academy Act (NEPA) of 1969, as implemented by Board of Visitors will meet to make such inquiry, as the Board shall deem the Council on Environmental Quality DEPARTMENT OF DEFENSE Regulations (40 CFR parts 1500–1508), necessary into the state of morale and the Department of the Navy (DON) discipline, the curriculum, instruction, Department of the Navy published a notice of intent to prepare physical equipment, fiscal affairs, and a Supplemental EIS to the Final academic methods of the Naval Notice of Intent To Grant Exclusive Environmental Impact Statement for Academy. The meeting will include Patent License; Electro-Optic ‘‘Developing Home Port Facilities for discussions of personnel issues at the Instruments, Inc. Naval Academy, the disclosure of which Three NIMITZ Class Aircraft Carriers in AGENCY: Department of the Navy, DoD. Support of the U.S. Pacific Fleet’’ dated would constitute a clearly unwarranted ACTION: Notice. July 1999 with its Record of Decision invasion of personal privacy. The signed on 28 January 2000 and executive session of this meeting will be SUMMARY: The Department of the Navy published in the Federal Register on 8 closed to the public. hereby gives notice of its intent to grant February 2000 (65 FR 6181) and DATES: The open session of the meeting to Electro-Optic Instruments, Inc., a announced public comment period in will be held on Monday, December 10, revocable, nonassignable, exclusive the Federal Register, 72 FR 59085 on 2007, from 8 a.m. to 10:45 a.m. The license to practice in the fields of use of October 18, 2007. This notice closed Executive Session will be held an array of four (4) or more fiber optic announces the extension of the public from 10:45 a.m. to 12 p.m. sensors for the detection of sub-sonic, scoping period from November 19, 2007 ADDRESSES: The meeting will be held at sonic, and ultra-sonic pressure waves, to December 3, 2007. the United States Naval Academy said field to exclude any and all medical DATES AND ADDRESSES: The agency must Alumni Hall; United States Naval applications; and one or more fiber receive comments on or before Academy, Annapolis, MD 21402–5000. optic pressure sensors for use in December 3, 2007. Comments may be FOR FURTHER INFORMATION CONTACT: catheters for pressure sensing for submitted by mail or electronically Lieutenant Andrew B. Koy, USN, medical applications in the United

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States and certain foreign countries, the Dated: November 5, 2007. [email protected] by Wednesday, Government-owned inventions Angela C. Arrington, November 21, 2007. described in U.S. Patent No. 7,020,354: IC Clearance Official, Regulatory Information This meeting will not include a public Intensity Modulated Fiber Optic Management Services, Office of Management. comment session, as the Panel will be Pressure Sensor, Navy Case No. [FR Doc. E7–22085 Filed 11–9–07; 8:45 am] concluding its work on the Final Report. 84,638.//U.S. Patent No. 7,149,374: BILLING CODE 4000–01–P However, if you would like to provide Fiber Optic Pressure Sensor, Navy Case comments to the Panel, please do so in No. written form, via e-mail at 84,557.//U.S. Patent Application No. 11/ DEPARTMENT OF EDUCATION [email protected], by 250,708: Intensity Modulated Fiber Wednesday, November 21, 2007. Optic Static Pressure Sensor System, National Mathematics Advisory Panel Written comments will also be accepted Navy Case No. 97,279.//U.S. Patent AGENCY: U.S. Department of Education, at the meeting site. Please note that Application No. 11/250,709: National Mathematics Advisory Panel. comments submitted to the National Multiplexed Fiber Optic Sensor System, ACTION: Notice of Open Meeting and Mathematics Advisory Panel in any Navy Case No. 97,488 and any Public Hearing. format are considered to be part of the continuations, divisionals or re-issues public record of the Panel’s thereof. SUMMARY: This notice sets forth the deliberations, and will be posted on the DATES: Anyone wishing to object to the schedule and proposed agenda of an Web site. grant of this license must file written upcoming meeting, including a public The Panel has submitted its objections along with supporting hearing, with members of the National Preliminary Report to the President, evidence, if any, not later than Mathematics Advisory Panel. The notice through the U.S. Secretary of Education. November 28, 2007. also describes the functions of the The Preliminary Report is available at ADDRESSES: Written objections are to be Panel. Notice of this meeting is required http://www.ed.gov/mathpanel. The filed with the Naval Research by section 10(a)(2) of the Federal Final Report will be submitted not later Laboratory, Code 1004, 4555 Overlook Advisory Committee Act and is than February 28, 2008, and will, at a Avenue, SW., Washington, DC 20375– intended to notify the public of their minimum, contain recommendations on 5320. opportunity to attend. improving mathematics education based DATES: Wednesday, November 28, 2007. on the best available scientific evidence. FOR FURTHER INFORMATION CONTACT: Rita Time: 8:30 a.m.–3 p.m. The meeting site is accessible to Manak, Head, Technology Transfer Office, NRL Code 1004, 4555 Overlook ADDRESSES: Baltimore-Washington individuals with disabilities. Avenue, SW., Washington, DC 20375– International (BWI) Airport Marriott, Individuals who will need 5320, telephone: 202–767–3083. Due to 1743 West Nursery Road, Baltimore, MD accommodations in order to attend the U.S. Postal delays, please fax: 202–404– 21240. meeting, such as interpreting services, 7920, e-mail: [email protected] FOR FURTHER INFORMATION CONTACT: assistive listening devices, or materials or use courier delivery to expedite Tyrrell Flawn, Executive Director, in alternative format, should notify response. National Mathematics Advisory Panel, Jennifer Graban at 400 Maryland Avenue, SW., [email protected] no later than (Authority: 35 U.S.C. 207, 37 CFR Part 404.) Washington, DC 20202; telephone: (202) Wednesday, November 21, 2007. We Dated: November 5, 2007. 260–8354. will attempt to meet requests for T. M. Cruz, Individuals who use a accommodations after this date, but Lieutenant, Judge Advocate General’s Corps, telecommunications device for the deaf cannot guarantee their availability. U.S. Navy, Federal Register Liaison Officer. (TDD) may call the Federal Information Records are kept of all Panel [FR Doc. E7–22097 Filed 11–9–07; 8:45 am] Relay Service (FRS) at 1–800–877–8339. proceedings and are available for public BILLING CODE 3810–FF–P SUPPLEMENTARY INFORMATION: The Panel inspection at the staff office for the was established by Executive Order Panel, from the hours of 9 a.m. to 5 13398. The purpose of this Panel is to p.m., Monday through Friday. DEPARTMENT OF EDUCATION foster greater knowledge of and Electronic Access to This Document: improved performance in mathematics You may view this document, as well as Submission for OMB Review; among American students, in order to all other documents of this Department Comment Request keep America competitive, support published in the Federal Register, in text or Adobe Portable Document AGENCY: Department of Education. American talent and creativity, encourage innovation throughout the Format (PDF) on the Internet at the ACTION: Correction Notice. American economy, and help State, following site: http://www.ed.gov/news/ SUMMARY: On November 5, 2007, the local, territorial, and tribal governments fedregister/index.html. Department of Education published a give the nation’s children and youth the To use PDF you must have Adobe comment period notice in the Federal education they need to succeed. Acrobat Reader, which is available free Register (Page 62446, Column 2) for the The meeting will be held at the at this site. If you have questions about information collection, ‘‘Online and Baltimore-Washington International using PDF, call the U.S. Government Distance Education Courses at (BWI) Airport Marriott in Baltimore, Printing Office (GPO), toll free at 1–888– Postsecondary Institutions.’’ The title of MD, on Wednesday, November 28, 293–6498; or in the Washington, DC, the notice is hereby corrected to ‘‘After 2007, from 8:30 a.m. to 3 p.m. From 8:30 area at (202) 512–1530. School Programs at Public Elementary a.m. to 11:30 a.m. and again from 1 p.m. to 3 p.m. the Panel will discuss the Note: The official version of this document Schools.’’ is the document published in the Federal The IC Clearance Official, Regulatory Final Report draft. Individuals Register. Free Internet access to the official Information Management Services, interested in attending the meeting are edition of the Federal Register and the Code Office of Management, hereby issues a advised to register in advance to ensure of Federal Regulations is available on GPO correction notice as required by the space availability. Please contact Access at: http://www.gpoaccess.gov/nara/ Paperwork Reduction Act of 1995. Jennifer Graban at index.html.

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Dated: November 7, 2007. PLACE: Omni Hotel Downtown, 700 San acres and is located on the south side of Margaret Spellings, Jacinto Boulevard at 8th Street, Austin, Melton Valley Drive, approximately 0.7 Secretary, U.S. Department of Education. TX 78701, Phone number (512) 476– miles west of the intersection of Melton [FR Doc. E7–22132 Filed 11–9–07; 8:45 am] 3700. Valley Drive and Melton Valley Access BILLING CODE 4000–01–P PURPOSE: The U.S. Election Assistance Road. This intersection is approximately Commission (EAC) Standards Board, as 0.6 miles south of the intersection of required by the Help America Vote Act Bethel Valley Road and Melton Valley ELECTION ASSISTANCE COMMISSION of 2002, will meet to consider and Access Road. The 229 Boundary of this receive presentations on the proposed facility is indicated by a chain link Sunshine Act Notice next iteration of the Voluntary Voting fence which surrounds the facility. System Guidelines (VVSG), as were The U.S. Department of Energy AGENCY: United States Election submitted to EAC from the installation known as the National U– Assistance Commission. commission’s Technical Guidelines 233 Repository (Building 3019) is ACTION: Notice of public meeting for Development Committee (TGDC). The located in the Second Civil District of EAC Board of Advisors. Standards Board will formulate Roane County, Tennessee, within the corporate limits of the city of Oak Ridge. DATE AND TIME: Wednesday, December recommendations to EAC regarding the guidelines and consider other The physical facility contains 12, 2007, 8:30 a.m.–5 p.m. and approximately 2.5 acres including Thursday, December 13, 2007, 8:30 administrative matters. The EAC Board of Advisors will meet at the same time approximately 40,000 square feet of a.m.–5 p.m. and Friday, December 14, floor space within the security area 2007, 8:30 a.m.–12 p.m. and some of the Standards Board sessions will be held jointly with the boundary. This complex is located PLACE: Omni Hotel Downtown, 700 San Board of Advisors. south of Bethel Valley Road, Jacinto Boulevard at 8th Street, Austin, This meeting will be open to the approximately 0.25 miles east of the TX 78701, Phone number (512) 476– public. intersection of Bethel Valley Road and 3700. First Street. The 229 Boundary for this FOR FURTHER INFORMATION CONTACT: PURPOSE: The U.S. Election Assistance facility is indicated by a chain link Bryan Whitener, Telephone: (202) 566– Commission (EAC) Board of Advisors, fence which surrounds the facility. 3100. as required by the Help America Vote FOR FURTHER INFORMATION CONTACT: Ms. Act of 2002, will meet to consider and Thomas R. Wilkey, Cindy B. Hunter, Certified Realty receive presentations on the proposed Executive Director, U.S. Election Assistance Specialist, DOE Oak Ridge Office, Post next iteration of the Voluntary Voting Commission. Office Box 2001, Oak Ridge, Tennessee System Guidelines (VVSG), as were [FR Doc. 07–5637 Filed 11–7–07; 4:24 pm] 37831, Telephone: (865) 576–4431, submitted to EAC from the BILLING CODE 6820–KF–M Facsimile: (865) 576–9204. commission’s Technical Guidelines SUPPLEMENTARY INFORMATION: This Development Committee (TGDC). The security boundary is designated Board of Advisors will formulate DEPARTMENT OF ENERGY pursuant to section 229 of the Atomic recommendations to EAC regarding the Energy Act of 1954. This revised guidelines and consider other Notice of 229 Boundary Revision for boundary supersedes and/or re- administrative matters. The EAC the Oak Ridge National Laboratory describes the entries previously Standards Board will meet at the same contained in the Federal Register notice AGENCY: time and some of the Board of Advisors Department of Energy (DOE). published October 19, 1965, at 30 FR sessions will be held jointly with the ACTION: Notice of 229 Boundary 13285; amended on January 11, 1973, at Standards Board. Revision for the Oak Ridge National 38 FR 1301; and amended on March 6, This meeting will be open to the Laboratory. 1974, at 39 FR 8652 for Oak Ridge public. SUMMARY: Notice is hereby given that National Laboratory. FOR FURTHER INFORMATION CONTACT: the U.S. Department of Energy, pursuant Issued in Oak Ridge, Tennessee, on Bryan Whitener, Telephone: (202) 566– to section 229 of the Atomic Energy Act October 29, 2007. 3100. of 1954, as amended, as implemented by Cindy B. Hunter, Thomas R. Wilkey, 10 CFR part 860 published in the DOE ORO Realty Officer. Executive Director, U.S. Election Assistance Federal Register on August 26, 1963 (28 [FR Doc. E7–22109 Filed 11–9–07; 8:45 am] Commission. FR 8400), prohibits the unauthorized BILLING CODE 6450–01–P [FR Doc. 07–5636 Filed 11–7–07; 4:24 pm] entry, as provided in 10 CFR 860.3 and the unauthorized introduction of BILLING CODE 6820–KF–M weapons or dangerous materials, as DEPARTMENT OF ENERGY provided in 10 CFR 860.4, into or upon Environmental Management Site- ELECTION ASSISTANCE COMMISSION the following described facilities of the Oak Ridge National Laboratory of the Specific Advisory Board, Savannah Sunshine Act Notice United States Department of Energy. River Site The following amendments are made: AGENCY: Department of Energy. AGENCY: United States Election The U.S. Department of Energy ACTION: Notice of open meeting. Assistance Commission. installation known as the Oak Ridge ACTION: Notice of public meeting for National Laboratory 7900 Area, SUMMARY: This notice announces a EAC Standards Board. occupied by the High Flux Isotope meeting of the Environmental DATE AND TIME: Wednesday, December Reactor and associated facilities, is Management Site-Specific Advisory 12, 2007, 8:30 a.m.–5 p.m. and located in the Second Civil District of Board (EM SSAB), Savannah River Site. Thursday, December 13, 2007, 8:30 Roane County, Tennessee, within the The Federal Advisory Committee Act a.m.–5 p.m. and Friday, December 14, corporate limits of the city of Oak Ridge. (Pub. L. No. 92–463, 86 Stat. 770) 2007, 8:30 a.m.–12 p.m. The facility contains approximately 40 requires that public notice of this

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meeting be announced in the Federal wishing to make public comment will Tentative Agenda Register. be provided a maximum of five minutes • to present their comments. Update on Biomass Program DATES: Monday, November 26, 2007, 1 activities. p.m.–5 p.m. Minutes: Minutes will be available by • Tuesday, November 27, 2007, 8:30 writing or calling Gerri Flemming at the Report on the Six Integrated a.m.–4 p.m. address or phone number listed above. Biorefinery Projects. ADDRESSES: Augusta Marriott Hotel, Minutes will also be available at the • Update on 2007 Farm Bill. following Web site http://www.srs.gov/ Two Tenth Street, Augusta, Georgia • Update on 2007 Joint Solicitation general/outreach/srs-cab/srs-cab.html. 30901. Projects. Issued at Washington, DC on November 6, FOR FURTHER INFORMATION CONTACT: • Presentation on the EPA Gerri Flemming, Office of External 2007. Rachel Samuel, Greenhouse Gas Rulemaking. Affairs, Department of Energy Savannah • River Operations Office, P.O. Box A, Deputy Committee Management Officer. Presentation: Bioenergy Research Aiken, SC, 29802; Phone: (803) 952– [FR Doc. E7–22096 Filed 11–9–07; 8:45 am] Centers—DOE Office of Science. 7886. BILLING CODE 6450–01–P • Presentation: Biobased Products— SUPPLEMENTARY INFORMATION: Purpose of Lou Honory, University of Iowa. • the Board: The purpose of the Board is DEPARTMENT OF ENERGY Meeting with the Biomass R&D to make recommendations to DOE in the Board. areas of environmental restoration, Office of Energy Efficiency and • Discussion: Approve 2008 waste management, and related Renewable Energy Committee Work Plan. activities. Biomass Research and Development Public Participation: In keeping with Tentative Agenda Technical Advisory Committee procedures, members of the public are Monday, November 26, 2007 welcome to observe the business of the AGENCY: Office of Energy Efficiency and Biomass Research and Development 1 p.m. Combined Committee Session 5 p.m. Adjourn Renewable Energy, Department of Technical Advisory Committee. To Energy. attend the meeting and/or to make oral Tuesday, November 27, 2007 ACTION: Notice of Open Meeting. statements regarding any of the items on 8:30 a.m. Approval of Minutes, the agenda, you should contact Valri Agency Updates SUMMARY: This notice announces an Lightner at 202–586–0937; E-mail: 9:30 a.m. Public Comment Session open meeting of the Biomass Research [email protected] or Carolyn 9:45 a.m. Chair and Facilitator Update and Development Technical Advisory Clark at (410) 997–7778 * 235; E-mail: 10:15 a.m. Nuclear Materials Committee under the Biomass Research [email protected]. You must make Committee Report and Development Act of 2000. The your request for an oral statement at 10:45 a.m. Administrative Committee Federal Advisory Committee Act (Pub. least 5 business days before the meeting. Report L. No. 92–463, 86 Stat. 770) requires Members of the public will be heard in 11:45 a.m. Public Comment Session that agencies publish these notices in the order in which they sign up at the 12 p.m. Lunch Break the Federal Register to allow for public beginning of the meeting. Reasonable 1 p.m. Strategic and Legacy participation. This notice announces the provision will be made to include the Management Committee Report meeting of the Biomass Research and scheduled oral statements on the 2:45 p.m. Waste Management Development Technical Advisory agenda. The Chair of the Committee will Committee Report Committee. 3:15 p.m. Facility Disposition and Site make every effort to hear the views of Remediation Committee Report Dates and Times: Tuesday, November all interested parties. If you would like 3:45 p.m. Public Comment Session 27, 2007, 1 p.m. to 5:30 p.m., to file a written statement with the 4 p.m. Adjourn Wednesday, November 28, 2007, 7:30 Committee, you may do so either before a.m. to 4:15 p.m. If needed, time will be allotted after or after the meeting. The Chair will public comments for items added to the ADDRESSES: Westin Arlington, 801 N. conduct the meeting to facilitate the agenda and administrative details. A Glebe Road, F. Scott Fitzgerald orderly conduct of business. final agenda will be available at the Ballroom, Arlington, Virginia, Phone: Minutes: The minutes of the meeting meeting Monday, November 26, 2007. (703) 717–6200. will be available for public review and Public Participation: The meeting is FOR FURTHER INFORMATION CONTACT: copying at the Freedom of Information open to the public. Written statements Valri Lightner, Designated Federal Public Reading Room; Room 1E–190; may be filed with the Board either Official for the Committee, Office of Forrestal Building; 1000 Independence before or after the meeting. Individuals Energy Efficiency and Renewable Avenue, SW., Washington, DC, between who wish to make oral statements Energy, U.S. Department of Energy, 9 a.m. and 4 p.m., Monday through pertaining to agenda items should 1000 Independence Avenue, SW., Friday, except Federal holidays. contact Gerri Flemming’s office at the Washington, DC 20585; (202) 586–0937 address or telephone listed above. Issued at Washington, DC, on November 6, or Carolyn Clark at (410) 997–7778 * 2007. Requests must be received five days 235; E-mail: [email protected]. prior to the meeting and reasonable Rachel Samuel, provision will be made to include the SUPPLEMENTARY INFORMATION: Deputy Committee Management Officer. presentation in the agenda. The Deputy Purpose of Meeting: To provide [FR Doc. E7–22095 Filed 11–9–07; 8:45 am] Designated Federal Officer is advice and guidance that promotes BILLING CODE 6450–01–P empowered to conduct the meeting in a research and development leading to the fashion that will facilitate the orderly production of biobased fuels and conduct of business. Individuals biobased products.

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ENVIRONMENTAL PROTECTION EPA has established a public docket Surfactants are a major ingredient in AGENCY for this ICR under Docket ID No. EPA– cleaning products such as detergents, HQ–OPPT–2007–0274, which is cleaners, airplane deicers and fire- [EPA–HQ–OPPT–2007–0274; FRL–8494–3] available for online viewing at http:// fighting foams. Safer surfactants are Agency Information Collection www.regulations.gov, or in person those that break down quickly to non- Activities; Submission to OMB for inspection at the OPPT Docket in the polluting compounds. Businesses and Review and Approval; Comment EPA Docket Center (EPA/DC), EPA other organizations that wish to be Request; Safer Detergent Stewardship West, Room 3334, 1301 Constitution recognized by EPA should complete and Initiative (SDSI) Program; EPA ICR No. Ave., NW., Washington, DC. The EPA submit an application form (EPA Form 2261.01, OMB No. 2070–NEW Docket Center Public Reading Room is 6300–2). open from 8 a.m. to 4:30 p.m., Monday Under SDSI, businesses that have AGENCY: Environmental Protection through Friday, excluding legal fully transitioned to safer surfactants, or Agency (EPA). holidays. The telephone number for the (for non-profits, academic institutions, ACTION: Notice. Reading Room is 202–566–1744, and the etc.) can document outstanding efforts telephone number for the Pollution to encourage the use of safer surfactants, SUMMARY: In compliance with the Prevention and Toxics Docket is 202– are granted Champion status. Businesses Paperwork Reduction Act (44 U.S.C. 566–0280. that commit to a full and timely 3501 et seq.), this document announces Use EPA’s electronic docket and transition to safer surfactants, or (for that an Information Collection Request comment system at (ICR) has been forwarded to the Office non-profits, academic institutions, etc.) www.regulations.gov, to submit or view can document outstanding efforts to of Management and Budget (OMB) for public comments, access the index review and approval. This is a request encourage the use of safer surfactants, listing of the contents of the docket, and are granted Partner status. This category for a new collection. The ICR, which is to access those documents in the docket abstracted below, describes the nature of provides recognition of significant that are available electronically. Once in accomplishments towards the use of the information collection and its the system, select ‘‘docket search,’’ then estimated burden and cost. safer surfactants. Partners will be listed key in the docket ID number identified on the EPA SDSI website and may be DATES: Additional comments may be above. Please note that EPA’s policy is granted recognition as a Champion in submitted on or before December 13, that public comments, whether the future if appropriate. Responses to 2007. submitted electronically or in paper, the collection of information are ADDRESSES: Submit your comments, will be made available for public voluntary. Respondents may claim all or referencing docket ID Number EPA– viewing at www.regulations.gov as EPA part of a notice as CBI. EPA will HQ–OPPT–2007–0274 to (1) EPA online receives them and without change, disclose information that is covered by using www.regulations.gov (our unless the comment contains a CBI claim only to the extent permitted preferred method), by e-mail to copyrighted material, Confidential by, and in accordance with, the [email protected] or by mail to: Business Information (CBI), or other procedures in 40 CFR part 2. information whose public disclosure is Document Control Office (DCO), Office Burden Statement: The annual public restricted by statute. For further of Pollution Prevention and Toxics reporting and recordkeeping burden for information about the electronic docket, (OPPT), Environmental Protection this collection of information is go to www.regulations.gov. Agency, Mail Code: 7407T, 1200 estimated to average 10 hours per Pennsylvania Ave., NW., Washington, Title: Safer Detergent Stewardship Initiative (SDSI) Program. response. Burden means the total time, DC 20460, and (2) OMB at: Office of effort or financial resources expended Information and Regulatory Affairs, ICR Numbers: EPA ICR No. 2261.01, OMB Control No. 2070–NEW. by persons to generate, maintain, retain Office of Management and Budget or disclose or provide information to or (OMB), Attention: Desk Officer for EPA, ICR Status: This ICR is for a new information collection activity. An for a Federal agency. This includes the 725 17th Street, NW., Washington, DC time needed to review instructions; 20503. Agency may not conduct or sponsor, and a person is not required to respond develop, acquire, install and utilize FOR FURTHER INFORMATION CONTACT: to, a collection of information, unless it technology and systems for the purposes Barbara Cunningham, Director, displays a currently valid OMB control of collecting, validating and verifying Environmental Assistance Division, number. The OMB control numbers for information, processing and Office of Pollution Prevention and EPA’s regulations in title 40 of the CFR, maintaining information, and disclosing Toxics, Environmental Protection after appearing in the Federal Register and providing information; adjust the Agency, Mailcode: 7408–M, 1200 when approved, are listed in 40 CFR existing ways to comply with any Pennsylvania Ave., NW., Washington, part 9, are displayed either by previously applicable instructions and DC 20460; telephone number: 202–554– publication in the Federal Register or requirements; train personnel to be able 1404; e-mail address: TSCA- by other appropriate means, such as on to respond to a collection of [email protected]. the related collection instrument or information; search data sources; SUPPLEMENTARY INFORMATION: EPA has form, if applicable. The display of OMB complete and review the collection of submitted the following ICR to OMB for control numbers in certain EPA information; and transmit or otherwise review and approval according to the regulations is consolidated in 40 CFR disclose the information. procedures prescribed in 5 CFR 1320.12. part 9. Respondents/Affected Entities: On May 9, 2007 (72 FR 26357), EPA Abstract: This information collection Entities potentially affected by this sought comments on the proposed new addresses paperwork activities that action are establishments or ICR pursuant to 5 CFR 1320.8(d). EPA support the administration of the Safer organizations engaged in formulating, received 13 comments during the Detergent Stewardship Initiative (SDSI). producing, purchasing or distributing comment period, which are addressed SDSI is a voluntary program surfactants or products containing in the ICR. Any comments related to administered by EPA to offer resources surfactants. this ICR should be submitted to EPA and recognition to businesses involved Estimated No. of Respondents: 375. and OMB within 30 days of this notice. in the transition to safer surfactants. Frequency of Collection: On occasion.

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Estimated Total Annual Hour Burden: [email protected] no later than FEDERAL COMMUNICATIONS 3,750 hours. December 3, 2007. COMMISSION Estimated Total Annual Labor Costs: ADDRESSES: $182,625. The meeting will be held at Notice of Public Information Changes in Burden Estimates: This is RESOLVE, 1255 Twenty-Third St., NW., Collection(s) Being Submitted for a new information collection request. Suite 275, Washington, DC 20037. Review to the Office of Management The burden associated with responses to FOR FURTHER INFORMATION CONTACT: For and Budget this new information collection reflects general information, contact Kate November 5, 2007. an increase of 3,750 hours in the total Zimmer of RESOLVE at (202) 965–6387. estimated respondent burden from that SUMMARY: The Federal Communications For technical inquiries, contact Ken Commission, as part of its continuing currently in the OMB inventory. This Rotert ([email protected], (202) increase represents a program change. effort to reduce paperwork burden 564–5280), Standards and Risk invites the general public and other Dated: November 6, 2007. Management Division, Office of Ground Federal agencies to take this Sara Hisel-McCoy, Water and Drinking Water (MC 4607M), opportunity to comment on the Director, Collection Strategies Division. Environmental Protection Agency, 1200 following information collection(s), as [FR Doc. E7–22154 Filed 11–9–07; 8:45 am] Pennsylvania Ave., NW., Washington, required by the Paperwork Reduction BILLING CODE 6560–50–P DC 20460; Fax number: (202) 564–3767. Act (PRA) of 1995, Public Law 104–13. An agency may not conduct or sponsor SUPPLEMENTARY INFORMATION: The a collection of information unless it meeting is open to the public. The ENVIRONMENTAL PROTECTION displays a currently valid control AGENCY Committee encourages the public’s number. No person shall be subject to input and will take public comment any penalty for failing to comply with [FRL–8494–6] starting at 5:30 p.m. on December 5, a collection of information subject to the 2007, for this purpose. It is preferred Paperwork Reduction Act (PRA) that Meeting of the Total Coliform Rule that only one person present the does not display a valid control number. Distribution System Advisory statement on behalf of a group or Comments are requested concerning (a) Committee—Notice of Public Meeting organization. To ensure adequate time whether the proposed collection of for public involvement, individuals information is necessary for the proper AGENCY: Environmental Protection interested in presenting an oral performance of the functions of the Agency (EPA). statement may notify Jini Mohanty, the Commission, including whether the ACTION: Notice. Designated Federal Officer, by information shall have practical utility; SUMMARY: Under Section 10(a)(2) of the telephone at 202–564–5269, no later (b) the accuracy of the Commission’s Federal Advisory Committee Act, the than December 3, 2007. Any person who burden estimate; (c) ways to enhance United States Environmental Protection wishes to file a written statement can do the quality, utility, and clarity of the Agency (EPA) is giving notice of a so before or after a Committee meeting. information collected; and (d) ways to meeting of the Total Coliform Rule Written statements received by minimize the burden of the collection of Distribution System Advisory December 3, 2007, will be distributed to information on the respondents, Committee (TCRDSAC). The purpose of all members before any final discussion including the use of automated this meeting is to discuss the Total or vote is completed. Any statements collection techniques or other forms of Coliform Rule (TCR) revision and received on December 4, 2007, or after information technology. information about distribution systems the meeting will become part of the DATES: Written Paperwork Reduction issues that may impact water quality. permanent meeting file and will be Act (PRA) comments should be The TCRDSAC advises and makes forwarded to the members for their submitted on or before December 13, recommendations to the Agency on information. 2007. If you anticipate that you will be revisions to the TCR, and on what submitting PRA comments, but find it information should be collected, Special Accommodations difficult to do so within the period of research conducted, and/or risk time allowed by this notice, you should For information on access or advise the FCC contact listed below as management strategies evaluated to accommodations for individuals with better inform distribution system soon as possible. disabilities, please contact Jini Mohanty contaminant occurrence and associated ADDRESSES: Direct all PRA comments to at 202–564–5269 or by e-mail at public health risks. Nicholas A. Fraser, Office of [email protected]. Please allow at Topics to be discussed in the meeting Management and Budget, (202) 395– include: TCR rule objectives and how least 10 days prior to the meeting to give 5887, or via fax at 202–395–5167 or via the TCR relates to other Safe Drinking EPA as much time to process your Internet at Water Act regulations, TCR indicator request. [email protected] and framework, TCR implementation and Dated: November 7, 2007. to Judith-B. [email protected], Federal compliance analysis, potential ways to Cynthia C. Dougherty, Communications Commission, Room 1– revise the TCR, and an assessment of the Director, Office of Ground Water and Drinking B441, 445 12th Street, SW., Washington, information on distribution system Water. DC 20554 or an e-mail to [email protected]. issues that may impact water quality. If you would like to obtain or view a [FR Doc. E7–22116 Filed 11–9–07; 8:45 am] DATES: The public meeting will be held copy of this information collection, you BILLING CODE 6560–50–P on Wednesday, December 5, 2007 (8:30 may do so by visiting the OMB’s ROCIS a.m. to 6 p.m., Eastern Time (ET)) and system at: http://www.reginfo.gov/ Thursday, December 6, 2007 (8 a.m. to public/do/PRAMain. 3 p.m., ET). Attendees should register FOR FURTHER INFORMATION CONTACT: For for the meeting by calling Kate Zimmer additional information or copies of the at (202) 965–6387 or by e-mail to information collection(s), contact Judith

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B. Herman at 202–418–0214 or via the OMB Control Number: 3060–0799. electronically by all licensees that hold Internet at [email protected]. Title: FCC Ownership Disclosure licenses in auctionable services. SUPPLEMENTARY INFORMATION: OMB Information for the Wireless Federal Communications Commission. Control Number: 3060–0798. Telecommunications Services. Marlene H. Dortch, Title: FCC Application for Radio Form No.: FCC Form 602. Secretary. Type of Review: Revision of a Service Authorization: Wireless [FR Doc. E7–22112 Filed 11–9–07; 8:45 am] Telecommunications Bureau and Public currently approved collection. BILLING CODE 6712–01–P Safety and Homeland Security Bureau. Respondents: Business or other for- Form No.: FCC Form 601. profit; not-for-profit institutions and Type of Review: Revision of a state, local or tribal government. FEDERAL COMMUNICATIONS currently approved collection. Number of Respondents: 550 COMMISSION Respondents: Individuals or respondents; 5,216 responses. households; business or other for-profit; Estimated Time Per Response: 1.50 Notice of Public Information not-for-profit institutions and state, hours (average). Collection(s) Being Submitted to the local or tribal government. Frequency of Response: On occasion Office of Management and Budget, Number of Respondents: 253,120 reporting requirement and third party Comment Requested respondents; 253,120 responses. disclosure requirement. Estimated Time per Response: 1.25 Obligation to Respond: Required to November 6, 2007. hours (average). obtain or retain benefits. SUMMARY: The Federal Communications Frequency of Response: On occasion Total Annual Burden: 5,216 hours. Commission, as part of its continuing and every 10 year reporting Total Annual Cost: $508,200. effort to reduce paperwork burden requirements, recordkeeping Privacy Act Impact Assessment: No. invites the general public and other requirement and third party disclosure Nature and Extent of Confidentiality: Federal agencies to take this requirement. Respondents may request materials or opportunity to comment on the Obligation to Respond: Required to information submitted to the following information collection(s), as obtain or retain benefits. Commission to be withheld from public required by the Paperwork Reduction Total Annual Burden: 221,780 hours. inspection under 47 CFR 0.459 of the Act (PRA) of 1995, Public Law 104–13. Total Annual Cost: $50,664,000. Commission’s rules. An agency may not conduct or sponsor Privacy Act Impact Assessment: Yes. Needs and Uses: The Commission a collection of information unless it Nature and Extent of Confidentiality: will submit this information collection displays a currently valid control Respondents may request materials or to the OMB as a revision during this number. No person shall be subject to information submitted to the comment period to obtain the full three- any penalty for failing to comply with Commission to be withheld from public year clearance from them. There is a a collection of information subject to the inspection under 47 CFR 0.459 of the change in the number of respondents/ Paperwork Reduction Act (PRA) that Commission’s rules. responses, burden hours and annual does not display a valid control number. Needs and Uses: The Commission costs due to Auction 73 of the 700 MHz Comments are requested concerning (a) will submit this information collection band licenses (Second Report and Order whether the proposed collection of to the OMB as a revision during this in FCC 07–132, WT Docket No. 06–150) information is necessary for the proper comment period to obtain the full three- which is scheduled for January 16, performance of the functions of the year clearance from them. There is a 2008. There is no change to the FCC Commission, including whether the change in the number of respondents/ Form 602—just an increase in the information shall have practical utility; responses, burden hours and annual number of new respondents that are (b) the accuracy of the Commission’s costs due to instructional changes to affected by this collection—which burden estimate; (c) ways to enhance Schedules B and D due to Auction 73 changed the total annual burden hours the quality, utility, and clarity of the of the 700 MHz band licenses (Second and annual costs. information collected; and (d) ways to Report and Order in FCC 07–132, WT The purpose of the FCC Form 602 is minimize the burden of the collection of Docket No. 06–150) which is scheduled to obtain the identity of the filer and to information on the respondents, for January 16, 2008. elicit information required by Section including the use of automated The FCC Form 601 is a consolidated, 1.2112 of the Commission’s rules collection techniques or other forms of multi-part application form, or ‘‘long regarding: (1) Persons or entities holding information technology. form,’’ that is used for general market- a 10 percent or greater direct or indirect DATES: Written Paperwork Reduction based licensing and site-by-site ownership interest or any general Act (PRA) comments should be licensing for wireless partners in a general partnership submitted on or before January 14, 2008. telecommunications and public safety holding a direct or indirect ownership If you anticipate that you will be services filed through the Commission’s interest in the applicant (‘‘Disclosable submitting PRA comments, but find it Universal Licensing System (ULS). FCC Interest Holders’’); and (2) all FCC- difficult to do so within the period of Form 601 is composed of a main form regulated entities in which the filer or time allowed by this notice, you should that contains the administrative any of its Disclosable Interest Holders advise the FCC contact listed below as information and a series of schedules owns a 10 percent or greater interest. soon as possible. used for filing technical and other The data collected on the FCC Form 602 ADDRESSES: Direct all PRA comments to information. Respondents are includes the FCC Registration Number Nicholas A. Fraser, Office of encouraged to submit FCC Form 601 (FRN), which serves as a ‘‘common Management and Budget, (202) 395– electronically and are required to do so link’’ for all filings an entity has with 5887, or via fax at 202–395–5167 or via when submitting the FCC Form 601 to the FCC. The Debt Collection Internet at apply for an authorization for which the Improvement Act of 1996 requires that [email protected] and applicant was the winning bidder in a entities filing with the Commission to to [email protected], Federal spectrum auction (700 MHz auction use a FRN. The FCC Form 602 was Communications Commission, Room 1– scheduled for January 16, 2008). designed for, and must be filed B441, 445 12th Street, SW., Washington,

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DC 20554 or an e-mail to [email protected]. States would jeopardize its ability to not be able to ensure that applicants and If you would like to obtain or view a fulfill the U.S. obligations as negotiated current licensees comply with the copy of this information collection after under the World Trading Organization Coastal Zone Management Act of 1972 the 60–day comment period, you may (WTO) Basic Telecom Agreement (CZMA) statute. In addition, without do so by visiting the OMB’s ROCIS site because these collections are imperative this collection of information, the at: http://www.reginfo.gov/public/do/ to detecting and deterring United States would jeopardize its PRAMain. anticompetitive conduct. They are also ability to fulfill the U.S. obligations as FOR FURTHER INFORMATION CONTACT: For necessary to preserve the Executive negotiated under the World Trade additional information or copies of the Branch agencies’ and the Commission’s Organization (WTO) Basic Telecom information collection(s), contact Judith ability to review foreign investments for Agreement because these information B. Herman at 202–418–0214 or via the national security, law enforcement, collection requirements are imperative Internet at [email protected]. foreign policy, and trade concerns. to detecting and deterring anticompetitive conduct. They are also SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0944. necessary to preserve the Executive OMB Control Number: 3060–0686. Title: Review of Commission Branch agencies and the Commission’s Title: Streamlining the International Consideration of Applications Under ability to review foreign investments for Section 214 Authorization Process and the Cable Landing License Act. national security, law enforcement, Tariff Requirements. Form No.: N/A. foreign policy and trade concerns. Form No.: N/A. Type of Review: Revision of a Type of Review: Revision of a currently approved collection. Federal Communications Commission. currently approved collection. Respondents: Business or other for- Marlene H. Dortch, Respondents: Business or other for- profit. Secretary. profit. Number of Respondents: 211 [FR Doc. E7–22122 Filed 11–9–07; 8:45 am] respondents; 211 responses. Number of Respondents: 3,563 BILLING CODE 6712–01–P respondents; 3,563 responses. Estimated Time Per Response: 7 hours Estimated Time Per Response: 561 (average). Frequency of Response: On occasion hours (average). FEDERAL ELECTION COMMISSION Frequency of Response: On occasion, reporting requirement and third party annual and quarterly reporting disclosure requirement. Sunshine Act Notices requirements, recordkeeping Obligation to Respond: Required to requirement and third party disclosure obtain or retain benefits. DATE AND TIME: Tuesday, November 20, requirement. Total Annual Burden: 1,056 hours. 2007 at 10:00 a.m. Obligation to Respond: Required to Total Annual Cost: $407,600. PLACE: 999 E Street, NW., Washington, obtain or retain benefits. Privacy Act Impact Assessment: N/A. DC (Ninth Floor). Nature and Extent of Confidentiality: Total Annual Burden: 147,753 hours. STATUS: This meeting will be open to the Total Annual Cost: $16,162,000. There is no need for confidentiality. public. Privacy Act Impact Assessment: N/A. Needs and Uses: The Commission ITEMS TO BE DISCUSSED: Correction and Nature and Extent of Confidentiality: will submit this revision to the OMB after this 60-day comment period to Approval of Minutes. There is no need for confidentiality. Final Rules on Electioneering Needs and Uses: The Commission obtain the full three-year clearance from Communications. them. The Commission released a will submit this revision to the OMB Management and Administrative Report and Order on June 22, 2007 in after this 60-day comment period to Matters. obtain the full three-year clearance from IB Docket No. 04–47, FCC 07–118. them. Among other requirements, cable PERSON TO CONTACT FOR INFORMATION: The Commission released a Report landing applicants and current licensees Mr. Robert Biersack, Press Officer, and Order on June 22, 2007 in IB Docket must comply with an environmental Telephone: (202) 694–1220. No. 04–47, FCC 07–118. Among other statute, Coastal Zone Management Act Mary W. Dove, requirements, international carriers of 1972 (CZMA). The statute authorizes Secretary of the Commission. must notify the Commission at the same states to develop coastal management [FR Doc. 07–5651 Filed 11–8–07; 3:19 pm] time that they notify affected customers programs, subject to Federal approval by of the discontinuance of international the U.S. Department of Commerce’s BILLING CODE 6715–01–M service. The Commission reduced the National Oceanic and Atmospheric time period for such notification(s) from Administration (NOAA). Specifically, 60 to 30 days. they must furnish a certification to the FEDERAL RESERVE SYSTEM If the collections were not conducted Commission and applicable state(s) that Change in Bank Control Notices; or were conducted less frequently, the proposed activity complies with the Acquisition of Shares of Bank or Bank applicants would not obtain the enforceable policies of the state’s Holding Companies authorizations necessary to provide approved program and such activity telecommunications services, and the will be conducted in a manner The notificants listed below have Commission will be unable to carry out consistent with the program. applied under the Change in Bank its mandate under the Communications If the collection of information is not Control Act (12 U.S.C. 1817(j)) and Act of 1934 and the Cable Landing conducted or is conducted less § 225.41 of the Board’s Regulation Y (12 License Act. Furthermore, the frequently, applicants will not obtain CFR 225.41) to acquire a bank or bank Commission would not be able to the authorizations necessary to provide holding company. The factors that are ensure that applicants and current telecommunications services, and the considered in acting on the notices are licensees comply with the Coastal Zone Commission will be unable to carry out set forth in paragraph 7 of the Act (12 Management Act of 1972 (CZMA) its mandate under the Cable Landing U.S.C. 1817(j)(7)). statute. Additionally, without the License Act and Executive Order 10530. The notices are available for information collections, the United Furthermore, the Commission would immediate inspection at the Federal

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Reserve Bank indicated. The notices Office of the Secretary (OS), Department enjoy safe harbor protection, the also will be available for inspection at of Health and Human Services, is arrangement: (1) Must be set out in the office of the Board of Governors. publishing the following summary of a writing (§ 1001.952(w)(1)(i)(A)); (2) the Interested persons may express their proposed collection for public written agreement must be signed by the views in writing to the Reserve Bank comment. Interested persons are invited parties (§ 1001.952(w)(1)(i)(B)); (3) the indicated for that notice or to the offices to send comments regarding this burden written agreement must cover, and of the Board of Governors. Comments estimate or any other aspect of this specify the amount of, all goods, items, must be received not later than collection of information, including any services, donations, or loans provided November 27, 2007. of the following subjects: (1) The by the individual or entity to the health A. Federal Reserve Bank of St. Louis necessity and utility of the proposed center (§ 1001.952(w)(1)(i)(C)); (4) the (Glenda Wilson, Community Affairs information collection for the proper health center must document its basis Officer) 411 Locust Street, St. Louis, performance of the agency’s functions; for its reasonable expectation that the Missouri 63166-2034: (2) the accuracy of the estimated arrangement will benefit a medically 1. McLane Family Control Group, burden; (3) ways to enhance the quality, underserved population Poplar Bluff, Missouri, consisting of utility, and clarity of the information to (§ 1001.952(w)(3)); and (5) the health Joseph T. McLane, Jana McLane Brown, be collected; and (4) the use of center, at reasonable intervals, must Jerri Ann McLane, the Norma McLane automated collection techniques or reevaluate the arrangement to ensure Smith Revocable Trust, Norma McLane other forms of information technology to that it is expected to continue to benefit Smith as trustee of Trust, and the minimize the information collection a medically underserved population, Midwest Bancorporation, Inc. and burden. and must document the re-evaluation Affiliates Employee Stock Ownership To obtain copies of the supporting contemporaneously (§ 001.952(w)(4)). Plan Trust Joseph T. McLane as trustee, statement and any related forms for the OIG may request to see all of Poplar Bluff, Missouri; to acquire proposed paperwork collections documentation kept pursuant to the safe additional voting shares of Midwest referenced above, e-mail your request, harbor in order to determine compliance Bancorporation, Inc., Poplar Bluff, including your address, phone number, with the terms of the safe harbor and the Missouri, and thereby indirectly acquire OMB number, and OS document fraud and abuse laws. Compliance with additional voting shares of First identifier, to the safe harbor is voluntary, and no Midwest Bank of Dexter, Missouri and [email protected], or call party is ever required to comply with First Midwest Bank of the Ozarks, the Reports Clearance Office on (202) the safe harbor. Piedmont, Missouri. 690–6162. Written comments and The safe harbor does not entail a Board of Governors of the Federal Reserve recommendations for the proposed routine and continuous affirmative System, November 7, 2007. information collections must be collection of data from the regulated Robert deV. Frierson, received within 30 days of this notice community. However, health centers Deputy Secretary of the Board. directly to the OS OMB Desk Officer all that choose to avail themselves of the [FR Doc. E7–22105 Filed 11–9–07; 8:45 am] comments must be faxed to OMB at safe harbor must have initial BILLING CODE 6210–01–S 202–395–6974. documentation and a re-evaluation of Title: Safe Harbor for Federally the arrangement at least annually. The Qualified Health Centers Arrangements respondents are businesses and/or other DEPARTMENT OF HEALTH AND under the Anti-kickback Statute—OMB private sector for-profit and not-for- HUMAN SERVICES No. 0990–New—Office of Inspector profit institutions. General (OIG). OIG previously solicited comments on [Document Identifier: OS–0990–New] Proposed Project: The Office of the this section of the PRA on July 1, 2005, Inspector General (OIG), Office of the upon publication of the 60-day notice of Agency Information Collection Secretary (OS), Department of Health proposed rulemaking (70 FR 38081). Request; 30-Day Public Comment and Human Services (HHS) is OIG did not receive any comments Request requesting a 3-year clearance for the specifically addressing the PRA in AGENCY: Office of the Secretary, HHS. data collection under the anti-kickback response to that notice; however, OIG is In compliance with the requirement statute, as described below. In order for now providing an additional of section 3506(c)(2)(A) of the an arrangement between a health center opportunity for comment on the PRA Paperwork Reduction Act of 1995, the and a donor individual or entity to aspect of the rule only.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average burden Type of Number of responses per hours per Total burden respondent respondents respondent response hours

Health Centers (Administrative Professionals) ...... 1,873 1 1 1,873

Dated: November 1, 2007. DEPARTMENT OF HEALTH AND Department of Health and Human Alice Bettencourt, HUMAN SERVICES Services. Office of the Secretary, Paperwork Reduction ACTION: Notice. Act Reports Clearance Officer. Meeting of the Chronic Fatigue Syndrome Advisory Committee [FR Doc. E7–22086 Filed 11–9–07; 8:45 am] SUMMARY: As stipulated by the Federal BILLING CODE 4152–01–P AGENCY: Office of the Secretary, Office Advisory Committee Act, the U.S. of Public Health and Science, Department of Health and Human Services is hereby giving notice that the

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Chronic Fatigue Syndrome Advisory have printed material distributed to botanical products containing Committee (CFSAC) will hold a CFSAC members for discuss should aristolochic acid, for aristolochic acid, meeting. The meeting will be open to submit, at a minimum, one copy of the and for riddelliine in the 12th Edition the public. material to the Executive Secretary, of the RoC (12th RoC). The RoC expert DATES: The meeting will be held on CFSAC prior to close of business on panel meeting is open to the public with Wednesday, November 28, 2007 and November 26, 2007. Contact information time scheduled for oral public Thursday, November 29, 2007. The for the Executive Secretary, CFSAC is comments. Attendance is limited only meeting will be held from 9 a.m. to listed above. by the available meeting room space. approximately 5 p.m. on both days. Dated: November 6, 2007. Following the expert panel meeting and ADDRESSES: Department of Health and Anand K. Parekh, completion of the expert panel report, the NTP will post the final version of Human Services; Room 800 Hubert H. Executive Secretary, Chronic Fatigue Humphrey Building; 200 Independence Syndrome Advisory Committee. the background documents and the expert panel peer review reports on the Avenue, SW; Washington, DC 20201. [FR Doc. E7–22100 Filed 11–9–07; 8:45 am] RoC Web site. FOR FURTHER INFORMATION CONTACT: Dr. BILLING CODE 4150–42–P Anand K. Parekh, Executive Secretary, DATES: The expert panel meeting for Chronic Fatigue Syndrome Advisory aristolochic acid related exposures and Committee; Department of Health and DEPARTMENT OF HEALTH AND riddelliine will be held on January 24– Human Services; 200 Independence HUMAN SERVICES 25, 2008. The draft background Avenue, SW., Room 727H; Washington, documents for these substances will be DC 20201; (202) 260–2873. National Toxicology Program (NTP); available for public comment on SUPPLEMENTARY INFORMATION: CFSAC Report on Carcinogens (RoC); November 13, 2007. The deadline to was established on September 5, 2002. Availability of the Draft Background submit written comments is January 11, The Committee was established to Documents for Aristolochic Acid 2008, and the deadline for pre- advise, consult with, and make Related Exposures (Two Candidate registration to attend the meeting and recommendations to the Secretary, Substances: Botanical Products provide oral comments at the meeting is through the Assistant Secretary for Containing Aristolochic Acid and January 18, 2008. Persons needing Aristolochic Acid) and Riddelliine and Health, on a broad range of topics special assistance, such as sign language Request for Public Comment on the including (1) The current state of interpretation or other reasonable Draft Background Documents; knowledge and research about the accommodations in order to attend, Announcement of the Aristolochic epidemiology and risk factors relating to should contact 919–541–2475 (voice), Acid Related Exposures and chronic fatigue syndrome, and 919–541–4644 TTY (text telephone), Riddelliine Expert Panel Meeting identifying potential opportunities in through the Federal TTY Relay System at 800–877–8339, or by e-mail to these areas; (2) current and proposed AGENCY: National Institute of diagnosis and treatment methods for Environmental Health Sciences [email protected]. Requests chronic fatigue syndrome; and (3) (NIEHS); National Institutes of Health should be made at least seven business development and implementation of (NIH), Department of Health and Human days in advance of the event. programs to inform the public, health Services (HHS). ADDRESSES: The RoC expert panel meeting on aristolochic acid related care professionals, and the biomedical, ACTION: Request for public comments academic, and research communities and meeting announcement. exposures and riddelliine will be held at about chronic fatigue syndrome the Chapel Hill Sheraton Hotel, One advances. SUMMARY: The NTP announces the Europa Drive, Chapel Hill, North The agenda for this meeting is being availability of the draft background Carolina 27514. Access to on-line developed. The agenda will be posted documents for (1) aristolochic acid registration and materials for the on the CFSAC Web site, http:// related exposures (the background meeting is available on the RoC Web site www.hhs.gov/advcomcfs, when it is document describes information on two (http://ntp.niehs.nih.gov/go/29679). finalized. candidate substances: Botanical Comments on the draft background Public attendance at the meeting is products containing aristolochic acid documents should be sent to Dr. C. W. limited to space available. Individuals and aristolochic acid) and (2) riddelliine Jameson, RoC Director, NIEHS, P.O. Box must provide a photo ID for entry into on November 13, 2007, on the RoC Web 12233, MD EC–14, Research Triangle the building where the meeting is site (http://ntp.niehs.nih.gov/go/10091 Park, NC 27709, Fax: (919) 541–0144, or scheduled to be held. Individuals who see aristolochic acid related exposures [email protected]. Courier plan to attend and need special or riddelliine) or in printed text from address: Report on Carcinogens, 79 T.W. assistance, such as sign language the RoC (see FOR FURTHER INFORMATION Alexander Drive, Building 4401, Room interpretation or other reasonable CONTACT below). The NTP invites the 3118, Research Triangle Park, NC 27709. accommodations, should notify the submission of public comments on the FOR FURTHER INFORMATION CONTACT: Dr. designated contact person. Members of two draft background documents (see C. W. Jameson, RoC Director, 919–541– the public will have the opportunity to SUPPLEMENTARY INFORMATION below). 4096, [email protected]. provide comments at the meeting. The expert panel will meet on January SUPPLEMENTARY INFORMATION: Individuals who wish to address the 24–25, 2008, at the Chapel Hill Sheraton Committee during the public comment Hotel, One Europa Drive, Chapel Hill, Background session must pre-register by November North Carolina 27514, to peer review On April 16, 2007 (72 FR 18999 26, 2007. Any individual who wishes to the draft background documents for available at http://ntp.niehs.nih.gov/go/ participate in the public comment aristolochic acid related exposures and 9732), the NTP announced the RoC session should call the telephone riddelliine and, once completed, make a review process for the 12th RoC. An number listed in the contact information recommendation regarding the listing expert panel meeting is being convened to register. Public comment will be status (i.e., known to be a human on January 24–25, 2008, to review three limited to five minutes per speaker. carcinogen, reasonably anticipated to be candidate substances (botanical Members of the public who wish to a human carcinogen, or not to list) for products containing aristolochic acid,

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aristolochic acid, and riddelliine) under meeting. Seven minutes will be carcinogens. The NTP prepares the RoC consideration for possible listing in the available for each speaker (one speaker on behalf of the Secretary of Health and 12th RoC. The available scientific and per organization). Persons can register Human Services. Information about the exposure information on botanical on-line to present oral comments or RoC and the nomination process can be products containing aristolochic acid contact Dr. Jameson (see ADDRESSES obtained from its homepage (http:// and aristolochic acid overlap is above). When registering to comment ntp.niehs.nih.gov/go/roc) or by described in one background document orally, please provide your name, contacting Dr. Jameson (see FOR FURTHER (aristolochic acid related exposures); affiliation, mailing address, telephone INFORMATION CONTACT above). The NTP however, the expert panel will be asked and facsimile numbers, e-mail and follows a formal, multi-step process for to make separate recommendations for sponsoring organization (if any). If review and evaluation of selected listing status for each candidate possible, send a copy of the statement chemicals. The formal evaluation substance. The draft background or talking points to Dr. Jameson by process is available on the RoC Web site documents for aristolochic acid related January 18, 2008. This statement will be (http://ntp.niehs.nih.gov/go/15208) or in exposures and riddelliine will be provided to the expert panel to assist printed copy from the RoC Director. available on the RoC Web site on them in identifying issues for discussion Dated: October 30, 2007. November 13, 2007, or in printed text and will be noted in the meeting record. Samuel H. Wilson, from the RoC Director (see ADDRESSES Registration for presentation of oral above). Persons can register free-of- Acting Director, National Institute of comments will also be available at the Environmental Health Sciences and National charge with the NTP listserv to receive meeting on January 24–25, 2008, from Toxicology Program. notification when draft RoC background 7:30–8:30 a.m. Persons registering at the [FR Doc. E7–22178 Filed 11–9–07; 8:45 am] documents for other candidate meeting are asked to bring 25 copies of BILLING CODE 4140–01–P substances for the 12th RoC are made their statement or talking points for available on the RoC Web site (http:// distribution to the expert panel and for ntp.niehs.nih.gov/go/231). the record. DEPARTMENT OF HEALTH AND Botanical products containing HUMAN SERVICES aristolochic acid are used in traditional Preliminary Agenda, Availability of Meeting Topics and Registration folk medicines, particularly in Chinese Centers for Disease Control and herbal medicine and have been used Preliminary agenda topics include: Prevention inadvertently as part of a weight-loss • Oral public comments on regimen. Aristolochic acid is a generic aristolochic acid related exposures. Meetings of the Advisory Committee name for a family of nitrophenanthrene • Peer review of the background for Injury Prevention and Control, and carboxylic acids that occurs naturally in document on aristolochic acid related Its Subcommittee, the Science and plants in the Aristolochiaceae family, exposures. Program Review Subcommittee primarily of the genera Aristolochia and • Recommendation for listing status Asarum. Riddelliine is a pyrrolizidine in the 12th RoC for botanical products In accordance with Section 10(a)(2) of alkaloid that occurs in plants of the containing aristolochic acid and for the Federal Advisory Committee Act genus Senecio that are found in sandy aristolochic acid. (Pub. L. 92–463), the Centers for Disease desert areas of the western United States • Oral public comments on Control and Prevention (CDC) and other parts of the world. Humans riddelliine. announces the following subcommittee may be exposed to riddelliine via direct • Peer review of the background and committee meetings. contamination of foodstuffs by parts of document on riddelliine. Name: Science and Program Review Senecio plants or from indirect • Recommendation for listing status Subcommittee (SPRS). introduction of the alkaloid through in the 12th RoC for riddelliine. Time and Date: 8:30 a.m.–12 p.m., products derived from animals that have The meeting is scheduled for January December 11, 2007. fed on the plants. Pyrrolizidine alkaloid 24–25, 2008, from 8:30 a.m. to Place: CDC, Global Communications residues have been detected in honey. adjournment each day. The review of Center, 1600 Clifton Road, NE., Bldg. 19, riddelliine will immediately follow the Room 117, Atlanta, GA 30333. Request for Comments Purpose: The Science and Program Review review of aristolochic acid related Subcommittee (SPRS) provides advice on the The NTP invites written public exposures. A copy of the preliminary needs, structure, progress and performance of comments on the draft background agenda, expert panel roster, and any programs of the National Center for Injury documents on aristolochic acid related additional information, when available, Prevention and Control (NCIPC). exposures and riddelliine. All will be posted on the RoC Web site or Matters to be Discussed: The subcommittee comments received will be posted on may be requested from the RoC Director will meet December 11, 2007, to discuss the RoC Web site prior to the meeting (see ADDRESSES above). Individuals who scientific matters, including but not limited and distributed to the expert panel and plan to attend the meeting are to, the FY07 extramural research awards, the research portfolio reviews, and revisions to RoC staff for their consideration in the encouraged to register on-line by peer review of the draft background the Injury Research Agenda. January 18, 2008, to facilitate planning Agenda items are subject to change as documents and/or preparing for the for the meeting. priorities dictate. expert panel meeting. Persons Background Information on the RoC Name: Advisory Committee for Injury submitting written comments are asked Prevention and Control. to include their name and contact The RoC is a congressionally Times and Dates: information (affiliation, mailing address, mandated document that identifies and 1 p.m.–5:30 p.m., December 11, 2007. telephone and facsimile numbers, e- discusses agents, substances, mixtures, 8:30 a.m.–12 p.m., December 12, 2007. mail, and sponsoring organization, if or exposure circumstances (collectively Place: CDC, Global Communications any) and send them to Dr. Jameson (see referred to as ‘‘substances’’) that may Center, 1600 Clifton Road, NE, Bldg. 19, Room B3, Atlanta, GA 30333. ADDRESSES above) for receipt by January pose a hazard to human health by virtue Purpose: The committee advises and makes 11, 2008. Time is set-aside on January of their carcinogenicity. Substances are recommendations to the Secretary, 24–25, 2008, for the presentation of oral listed in the report as either known or Department of Health and Human Services, public comments at the expert panel reasonably anticipated human the Director, Centers for Disease Control and

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Prevention (CDC), and the Director, National provide guidance on the Institute’s research planned to provide a centralized user Centers for Injury Prevention and Control activities related to developing and provisioning and administration service (NCIPC) regarding feasible goals for the evaluating hypotheses, systematically that supports the creation, deletion, and prevention and control of injury. The documenting findings and disseminating lifecycle management of enterprise committee makes recommendations results. The Board shall evaluate the degree regarding policies, strategies, objectives, and to which the activities of the National identities. This service creates accounts, priorities, and reviews progress toward injury Institute for Occupational Safety and Health: supports Role Based Access Control prevention and control. (1) Conform to appropriate scientific (RBAC), and provides business Matters to be Discussed: The meeting will standards, (2) address current, relevant application integration points. RBAC is open to the public. The Advisory Committee needs, and (3) produce intended results. a form flow approval process and for Injury Prevention and Control (ACIPC) Matters To Be Discussed: NIOSH Response enterprise identity audit and will be discussing partnership activities and to the National Academies of Science recertification based on the role of the how the ACIPC can advance the field of Program Reviews. individual. The business application injury prevention and control. Agenda items Agenda items are subject to change as integration point allows business are subject to change as priorities dictate. priorities dictate. Contact Person for More Information: Ms. For Further Information Contact: Roger application owners to use the form flow Amy Harris, Executive Secretary, ACIPC, Rosa, Executive Secretary, BSC, NIOSH, CDC, process of the user provisioning service NCIPC, CDC, 4770 Buford Highway, NE., 395 E Street, SW., Suite 9200, Patriots Plaza to approve or deny requests for access M/S K61, Atlanta, Georgia 30341–3724, Building, Washington, DC 20201, telephone to business applications. This telephone (770) 488–4936. (202) 245–0655, fax (202) 245–0664. modification will permit CMS to The Director, Management Analysis and The Director, Management Analysis and implement a unified framework for Services Office, has been delegated the Services Office, has been delegated the managing user information and access authority to sign Federal Register notices authority to sign Federal Register notices pertaining to announcements of meetings and rights, for those individuals who apply pertaining to announcements of meetings and for and are granted access across other committee management activities, for other committee management activities for both CDC and the Agency for Toxic both the CDC and the Agency for Toxic multiple CMS systems and business Substances and Disease Registry. Substances and Disease Registry. contexts. We propose to modify existing routine Dated: November 5, 2007. Dated: November 5, 2007. use number 1 that permits disclosure to Elaine L. Baker, Elaine L. Baker, agency contractors and consultants to Director, Management Analysis and Services Director, Management Analysis and Services include disclosure to CMS grantees who Office, Centers for Disease Control and Office, Centers for Disease Control and perform a task for the agency. CMS Prevention. Prevention (CDC). grantees, charged with completing [FR Doc. E7–22149 Filed 11–9–07; 8:45 am] [FR Doc. E7–22155 Filed 11–9–07; 8:45 am] projects or activities that require CMS BILLING CODE 4163–18–P BILLING CODE 4163–18–P data to carry out that activity, are classified separate from CMS contractors and/or consultants. The DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND modified routine use will remain as HUMAN SERVICES HUMAN SERVICES routine use number 1. We will delete routine use number 2 authorizing Centers for Disease Control and Centers for Medicare & Medicaid Prevention disclosure to support constituent Services requests made to a congressional Board of Scientific Counselors, Privacy Act of 1974; Report of a representative. If an authorization for National Institute for Occupational Modified System of Records the disclosure has been obtained from Safety and Health (BSC, NIOSH) the data subject, then no routine use is AGENCY: Centers for Medicare & needed. The Privacy Act allows for In accordance with section 10(a)(2) of Medicaid Services (CMS), Department disclosures with the ‘‘prior written the Federal Advisory Committee Act of Health and Human Services (HHS). consent’’ of the data subject. Finally, we (Pub. L. 92–463), the Centers for Disease ACTION: Notice of a Modified System of will delete the section titled Control and Prevention (CDC) Records (SOR). ‘‘Additional Circumstances Affecting announces the following meeting for the Routine Use Disclosures,’’ that aforementioned committee: SUMMARY: In accordance with the addresses ‘‘Protected Health Information Time and Date: 10 a.m.–2 p.m., December requirements of the Privacy Act of 1974, (PHI)’’ and ‘‘small cell size.’’ The 13, 2007. we are proposing to modify an existing requirement for compliance with HHS Place: Holiday Inn Capitol, 550 C Street, SOR titled, ‘‘Individuals Authorized regulation ‘‘Standards for Privacy of SW., Washington, DC 20024. Access to Centers for Medicare & Individually Identifiable Health Status: Open to the public, limited only by Medicaid Services (CMS) Computer Information’’ does not apply because the space available. The meeting room Services (IACS), System No. 09–70– this system does not collect or maintain accommodates approximately 50 people. 0064,’’ most recently modified at 67 FR Teleconference available toll-free; please dial PHI. In addition, our policy to prohibit (888) 677–1819, Participant Pass Code 25404. 48911 (July 26, 2002). We propose to release if there is a possibility that an Purpose: The Secretary, the Assistant assign a new CMS identification number individual can be identified through Secretary for Health, and by delegation the to this system to simplify the obsolete ‘‘small cell size’’ is not applicable to the Director, Centers for Disease Control and and confusing numbering system data maintained in this system. Prevention, are authorized under sections originally designed to identify the We are modifying the language in the 301 and 308 of the Public Health Service Act Bureau, Office, or Center that remaining routine uses to provide a to conduct directly or by grants or contracts, maintained information in the Health proper explanation as to the need for the research, experiments, and demonstrations Care Financing Administration systems routine use and to provide clarity to relating to occupational safety and health and to mine health. The Board of Scientific of records. The new identifying number CMS’s intention to disclose individual- Counselors shall provide guidance to the for this system should read: System No. specific information contained in this Director, National Institute for Occupational 09–70–0538. system. The routine uses will then be Safety and Health on research and prevention We propose to broaden the scope of prioritized and reordered according to programs. Specifically, the Board shall this system to include a CMS service their usage. We will also take the

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opportunity to update any sections of Design & Development Group, Office of approve or deny requests for access to the system that were affected by the Information Services, CMS, Room N2– business applications. recent reorganization or because of the 15–04, 7500 Security Boulevard, Initial users of the IACS will be impact of the Medicare Prescription Baltimore, Maryland 21244–1850. Her primarily CMS business partners such Drug, Improvement, and Modernization telephone number is 410–786–0167, or as health care plans and customer Act of 2003 (MMA) (Pub. L. 108–173) e-mail at [email protected]. inquiry service personnel who answer provisions and to update language in SUPPLEMENTARY INFORMATION: The IACS queries to 1–800–MEDICARE. Three the administrative sections to framework consists of two major entities are key in providing this correspond with language used in other components: An identity management support: The Customer Support for CMS SORs. service and a set of authentication or Medicare Modernization Support, the The primary purpose of the system access management services. These two CMS IT CITIC Service Desk and the has been to collect and maintain components will enable a single identity Centers for Beneficiary Choices. Future individually identifiable information to to be used throughout CMS and will users will consist of but are not limited assign, control, track, and report ensure that users authenticate to to, individuals who apply from Plans authorized access to and use of CMS’s applications using a level of assurance and Providers, Provider Hospitals, computerized information and equal to the sensitivity of the Group Practitioners, Physicians and resources, for those individuals who application and/or data. As CMS moves Beneficiaries. apply for and are granted access across into the web-enabled application arena multiple CMS systems and business I. Description of the Modified System of for mission critical applications, the Records contexts. Information in this system will need to securely manage this also be used to: (1) Support regulatory environment is a major concern. The A. Statutory and Regulatory Basis for and policy functions performed within Health Insurance Portability and the System the Agency or by a contractor, Accountability Act of 1996 (HIPAA) Authority for maintenance of the consultant, or CMS grantee; and (2) requirements, e-Authentication system is given under Executive Order support litigation involving the Agency guidance and the Personal Identity 9397, the Debt Collection Improvement related to this system. We have Verification initiative make the need for Act, 31 United States Code (U.S.C.) provided background information about a security services framework even more § 7701(c)(1), and 5 U.S.C. 552a(b)(1). the modified system in the important. B. Collection and Maintenance of Data ‘‘Supplementary Information’’ section CMS has provided an application that in the System below. Although the Privacy Act will streamline our information requires only that the ‘‘routine use’’ technology environment so that existing Information for this system is portion of the system be published for and new applications can work more collected and maintained on individuals comment, CMS invites comments on all effectively by sharing information, and who voluntarily apply for access to the portions of this notice. See EFFECTIVE so that CMS can be more responsive to Web-based Application Systems and DATES section for comment period. the demands of changing business needs individuals with an approved need for EFFECTIVE DATES: CMS filed a modified and emerging technology. CMS plans to access to the computer resources and system report with the Chair of the make our data more readily accessible to information maintained by CMS. House Committee on Government our beneficiaries, partners, and Information collected for this system Reform and Oversight, the Chair of the stakeholders in a secure, efficient, and will include, but is not limited to, name, Senate Committee on Homeland carefully planned manner. In striving to social security number, date of birth, Security and Governmental Affairs, and meet these goals, CMS has established a current Resource Access Control the Administrator, Office of Information target enterprise architecture and Facility Identification (RACF ID), e-mail and Regulatory Affairs, Office of modernization strategy that is based address, telephone number, company Management and Budget (OMB) on upon several key design principles: (1) name, and geographic location. November 7, 2007. To ensure that all An established, secure Internet II. Agency Policies, Procedures, and parties have adequate time in which to architecture for the CMS enterprise; (2) Restrictions on the Routine Use comment, the modified SOR, including Defined products for the target routine uses, will become effective 40 enterprise architecture; (3) Defined A. Agency Policies, Procedures, and days from the publication of the notice, security classifications and controls for Restrictions on the Routine Use or from the date it was submitted to CMS applications; (4) Defined security The Privacy Act permits us to disclose OMB and the Congress, whichever is services that support the architecture information without an individual’s later, unless CMS receives comments and implement the controls; and (5) consent if the information is to be used that require alterations to this notice. Prescriptive application development for a purpose that is compatible with the ADDRESSES: The public should address standards and guidelines for the target purpose(s) for which the information comments to: CMS Privacy Officer, environment. was collected. Any such disclosure of Division of Privacy Compliance, When an account/identity is created, data is known as a ‘‘routine use.’’ The Enterprise Architecture and Strategy a unique identifier will be generated to government will only release IACS Group, Office of Information Services, universally associate a user with CMS. information that can be associated with CMS, Room N2–04–27, 7500 Security The provisioning service uses a seven- an individual as provided for under Boulevard, Baltimore, Maryland 21244– character algorithm to generate user IDs ‘‘Section III. Proposed Routine Use 1850. Comments received will be that are unique across the CMS Disclosures of Data in the System.’’ Both available for review at this location, by enterprise. The provisioning service will identifiable and non-identifiable data appointment, during regular business also provide a mechanism to assign may be disclosed under a routine use. hours, Monday through Friday from 9 roles that will be maintained in the We will only collect the minimum a.m.–3 p.m., Eastern Time zone. central data store. An application personal data necessary to achieve the FOR FURTHER INFORMATION CONTACT: integration point will be established to purpose of IACS. CMS has the following Nancy Martin, Division of Development allow business application owners to policies and procedures concerning & Engineering, Information Services use the user provisioning service to disclosures of information that will be

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maintained in the system. Disclosure of into a contractual or similar agreement and Federal, HHS, and CMS policies information from the system will be with a third party to assist in and standards as they relate to approved only to the extent necessary to accomplishing CMS functions relating information security and data privacy. accomplish the purpose of the to purposes for this system. These laws and regulations include but disclosure and only after CMS: CMS occasionally contracts out are not limited to: the Privacy Act of 1. Determines that the use or certain of its functions when this would 1974; the Federal Information Security disclosure is consistent with the reason contribute to effective and efficient Management Act of 2002; the Computer that the data is being collected, e.g., to operations. CMS must be able to give a Fraud and Abuse Act of 1986; the collect and maintain individually contractor, consultants, or grantee Health Insurance Portability and identifiable information to assign, whatever information is necessary for Accountability Act of 1996; the E- control, track, and report authorized the contractor to fulfill its duties. In Government Act of 2002, the Clinger- access to and use of CMS’s these situations, safeguards are provided Cohen Act of 1996; the Medicare computerized information and in the contract prohibiting the Modernization Act of 2003, and the resources. contractor, consultants, or grantee from corresponding implementing 2. Determines that: using or disclosing the information for regulations. OMB Circular A–130, a. The purpose for which the any purpose other than that described in Management of Federal Resources, disclosure is to be made can only be the contract and to return or destroy all Appendix III, Security of Federal accomplished if the record is provided information at the completion of the Automated Information Resources also in individually identifiable form; contract. applies. Federal, HHS, and CMS b. The purpose for which the 2. To assist the Department of Justice policies and standards include but are disclosure is to be made is of sufficient (DOJ), court or adjudicatory body when not limited to: all pertinent National importance to warrant the effect and/or a. The Agency or any component Institute of Standards and Technology risk on the privacy of the individual that thereof; or publications; HHS Information Systems additional exposure of the record might b. Any employee of the Agency in his Program Handbook and the CMS bring; and or her official capacity; or Information Security Handbook. c. There is a strong probability that c. Any employee of the Agency in his the proposed use of the data would in or her individual capacity where the V. Effects of the Modified System of fact accomplish the stated purpose(s). DOJ has agreed to represent the Records on Individual Rights 3. Requires the information recipient employee; or CMS proposes to establish this system d. The United States Government; is to: in accordance with the principles and a party to litigation or has an interest in a. Establish administrative, technical, requirements of the Privacy Act and will such litigation, and by careful review, and physical safeguards to prevent collect, use, and disseminate CMS determines that the records are unauthorized use of disclosure of the information only as prescribed therein. both relevant and necessary to the record; Data in this system will be subject to the b. Remove or destroy at the earliest litigation. authorized releases in accordance with time all patient-identifiable information; Whenever CMS is involved in the routine uses identified in this and litigation, or occasionally when another system of records. c. Agree to not use or disclose the party is involved in litigation and CMS’s information for any purpose other than policies or operations could be affected CMS will take precautionary the stated purpose under which the by the outcome of the litigation, CMS measures to minimize the risks of information was disclosed. would be able to disclose information to unauthorized access to the records and 4. Determines that the data are valid the DOJ, court or adjudicatory body the potential harm to individual privacy and reliable. involved. A determination would be or other personal or property rights of made in each instance that, under the patients whose data are maintained in III. Proposed Routine Use Disclosures circumstances involved, the purposes the system. CMS will collect only that of Data in the System served by the use of the information in information necessary to perform the A. The Privacy Act allows us to the particular litigation is compatible system’s functions. In addition, CMS disclose information without an with a purpose for which CMS collects will make disclosure from the modified individual’s consent if the information the information. system only with consent of the subject is to be used for a purpose that is individual, or his/her legal compatible with the purpose(s) for IV. Safeguards representative, or in accordance with an which the information was collected. CMS has safeguards in place for applicable exception provision of the Any such compatible use of data is authorized users and monitors such Privacy Act. CMS, therefore, does not known as a ‘‘routine use.’’ The proposed users to ensure against unauthorized anticipate an unfavorable effect on routine uses in this system meet the use. Personnel having access to the individual privacy as a result of the compatibility requirement of the Privacy system have been trained in the Privacy disclosure of information relating to Act. We are proposing to establish the Act and information security individuals. following routine use disclosures of requirements. Employees who maintain Dated: November 7, 2007. information maintained in the system: records in this system are instructed not Charlene Frizzera, 1. To support Agency contractors, to release data until the intended Chief Operating Officer, Centers for Medicare consultants, or CMS grantee who have recipient agrees to implement & Medicaid Services. been contracted by the Agency to assist appropriate management, operational in accomplishment of a CMS function and technical safeguards sufficient to System No.: 09–70–0538 relating to the purposes for this system protect the confidentiality, integrity and and who need to have access to the availability of the information and SYSTEM NAME: records in order to assist CMS. information systems and to prevent ‘‘Individuals Authorized Access to We contemplate disclosing unauthorized access. Centers for Medicare & Medicaid information under this routine use only This system will conform to all Services (CMS) Computer Services in situations in which CMS may enter applicable Federal laws and regulations (IACS), HHS/CMS/OIS’’.

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SECURITY CLASSIFICATION: been contracted by the Agency to assist Appendix III, Security of Federal Level 3 Privacy Act Sensitive. in accomplishment of a CMS function Automated Information Resources also relating to the purposes for this system applies. Federal, HHS, and CMS SYSTEM LOCATION: and who need to have access to the policies and standards include but are Centers for Medicare & Medicaid records in order to assist CMS. not limited to: all pertinent National Services Data Center, 7500 Security 2. To assist the Department of Justice Institute of Standards and Technology Boulevard, North Building, First Floor, (DOJ), court or adjudicatory body when publications; HHS Information Systems Baltimore, Maryland 21244–1850. a. The Agency or any component Program Handbook and the CMS CATEGORIES OF INDIVIDUALS COVERED BY THE thereof; or Information Security Handbook. SYSTEM: b. Any employee of the Agency in his Information for this system is or her official capacity; or RETENTION AND DISPOSAL: collected and maintained on individuals c. Any employee of the Agency in his CMS will retain information for the who voluntarily apply for access to the or her individual capacity where the duration the user needs access to CMS’ Web-based Application Systems and DOJ has agreed to represent the computer systems or until no longer individuals with an approved need for employee; or needed for administrative, legal, audit access to the computer resources and d. The United States Government; or other operations services, whichever information maintained by CMS. is a party to litigation or has an is longer. All claims-related records are interest in such litigation, and by careful encompassed by the document CATEGORIES OF RECORDS IN THE SYSTEM: review, CMS determines that the preservation order and will be retained Information collected for this system records are both relevant and necessary until notification is received from DOJ. will include, but is not limited to, name, to the litigation. social security number (SSN), date of SYSTEM MANAGER AND ADDRESS: birth, current Resource Access Control POLICIES AND PRACTICES FOR STORING, Facility Identification (RACF ID), e-mail RETRIEVING, ACCESSING, RETAINING, AND Director, Division of Development & DISPOSING OF RECORDS IN THE SYSTEM: address, telephone number, company Engineering, Information Services name, and geographic location. STORAGE: Design & Development Group, Office of All records are stored on magnetic Information Services, CMS, Mail Stop AUTHORITY FOR MAINTENANCE OF THE SYSTEM: media. N2–15–18, 7500 Security Boulevard, Authority for maintenance of the Baltimore, Maryland, 21244–1850. system is given under Executive Order RETRIEVABILITY: 9397, the Debt Collection Improvement Information can be retrieved by NOTIFICATION PROCEDURE: Act, 31 United States Code (U.S.C.) assigned User ID, user name, and user For purpose of access, the subject § 7701(c)(1), and 5 U.S.C. 552a(b)(1). e-mail address. individual should write to the system manager who will require the system PURPOSE(S) OF THE SYSTEM: SAFEGUARDS: The primary purpose of the system name, and for verification purposes, the CMS has safeguards in place for subject individual’s name (woman’s has been to collect and maintain authorized users and monitors such individually identifiable information to maiden name, if applicable), and SSN users to ensure against unauthorized (furnishing the SSN is voluntary, but it assign, control, track, and report use. Personnel having access to the authorized access to and use of CMS’s may make searching for a record easier system have been trained in the Privacy and prevent delay). computerized information and Act and information security resources, for those individuals who requirements. Employees who maintain RECORD ACCESS PROCEDURE: apply for and are granted access across records in this system are instructed not multiple CMS systems and business to release data until the intended For purpose of access, use the same contexts. Information in this system will recipient agrees to implement procedures outlined in Notification also be used to: (1) Support regulatory appropriate management, operational Procedures above. Requestors should and policy functions performed within and technical safeguards sufficient to also reasonably specify the record the Agency or by a contractor, protect the confidentiality, integrity and contents being sought. (These consultant, or CMS grantee; and (2) availability of the information and procedures are in accordance with support litigation involving the Agency information systems and to prevent Department regulation 45 CFR related to this system. unauthorized access. 5b.5(a)(2).) ROUTINE USES OF RECORDS MAINTAINED IN THE This system will conform to all CONTESTING RECORD PROCEDURES: SYSTEM, INCLUDING CATEGORIES OR USERS AND applicable Federal laws and regulations THE PURPOSES OF SUCH USES: and Federal, HHS, and CMS policies The subject individual should contact A. The Privacy Act allows us to and standards as they relate to the system manager named above, and disclose information without an information security and data privacy. reasonably identify the record and individual’s consent if the information These laws and regulations include but specify the information to be contested. is to be used for a purpose that is are not limited to: the Privacy Act of State the corrective action sought and compatible with the purpose(s) for 1974; the Federal Information Security the reasons for the correction with which the information was collected. Management Act of 2002; the Computer supporting justification. (These Any such compatible use of data is Fraud and Abuse Act of 1986; the procedures are in accordance with known as a ‘‘routine use.’’ The proposed Health Insurance Portability and Department regulation 45 CFR 5b.7.) routine uses in this system meet the Accountability Act of 1996; the E- RECORD SOURCE CATEGORIES: compatibility requirement of the Privacy Government Act of 2002, the Clinger- Act. We are proposing to establish the Cohen Act of 1996; the Medicare Sources of information contained in following routine use disclosures of Modernization Act of 2003, and the this records system include data information maintained in the system: corresponding implementing collected from applications submitted 1. To support Agency contractors, regulations. OMB Circular A–130, by the individuals requiring access to consultants, or CMS grantee who have Management of Federal Resources, computer services.

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SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Information will be released to these administration of Federal and state HHA OF THE ACT: organizations for only those facilities programs within the state; and (7) None. that they accredit and that participate in monitor the continuity of care for [FR Doc. E7–22079 Filed 11–9–07; 8:45 am] the Medicare program and if they meet patients who reside temporarily outside the following requirements: (1) Provide of the state. Information maintained in BILLING CODE 4120–03–P identifying information for HHAs that this system will also be disclosed to: (1) have an accreditation status with the Support regulatory, reimbursement, and DEPARTMENT OF HEALTH AND requesting deemed organization, (2) policy functions performed within the HUMAN SERVICES submission of a finder file identifying Agency or by a contractor, consultant, or beneficiaries/patients receiving HHA grantee; (2) assist another Federal and/ Centers for Medicare & Medicaid services, (3) safeguard the or state agency, agency of a state Services confidentiality of the data and prevent government, an agency established by unauthorized access, and (4) upon state law, or its fiscal agent, for Privacy Act of 1974; Report of a completion of a signed data exchange evaluating and monitoring the quality of Modified or Altered System agreement or a CMS data use agreement. home health care and contribute to the We will delete routine use number 7 AGENCY: Department of Health and accuracy of health insurance operations; authorizing disclosure to support (3) support research, evaluation, or Human Services (HHS), Centers for constituent requests made to a Medicare & Medicaid Services (CMS). epidemiological projects related to the congressional representative. If an prevention of disease or disability, or ACTION: Notice of a Modified or Altered authorization for the disclosure has System of Records (SOR). the restoration or maintenance of health, been obtained from the data subject, and for payment related projects; (4) then no routine use is needed. The SUMMARY: In accordance with the support the functions of Quality Privacy Act allows for disclosures with Improvement Organizations (QIO); (5) requirements of the Privacy Act of 1974, the ‘‘prior written consent’’ of the data support the functions of national we are proposing to modify or alter an subject. We will broaden the scope of accrediting organizations; (6) support SOR titled ‘‘Home Health Agency (HHA) published routine uses number 8 and 9, litigation involving the Agency; (7) Outcome and Assessment Information authorizing disclosures to combat fraud combat fraud, waste, and abuse in Set (OASIS),’’ System No. 09–70–9002, and abuse in the Medicare and certain health care programs. We have last modified at 66 Federal Register Medicaid programs to include provided background information about 66903 (December 27, 2001). We propose combating ‘‘waste’’ which refers the modified system in the to assign a new CMS identification increasingly more to specific beneficiary SUPPLEMENTARY INFORMATION section number to this system to simplify the or recipient practices that result in obsolete and confusing numbering unnecessary cost to Federally-funded below. Although the Privacy Act system originally designed to identify health benefit programs. requires only that CMS provide an the Bureau, Office, or Center that We are modifying the language in the opportunity for interested persons to maintained information in the Health remaining routine uses to provide a comment on the routine uses, CMS Care Financing Administration systems proper explanation as to the need for the invites comments on all portions of this of records. The new assigned identifying routine use and to provide clarity to notice. See EFFECTIVE DATES section for number for this system should read: CMS’s intention to disclose individual- comment period. System No. 09–70–0522. specific information contained in this EFFECTIVE DATES: CMS filed a modified We propose to modify existing routine system. The routine uses will then be or altered system report with the Chair use number 1 that permits disclosure to prioritized and reordered according to of the House Committee on Government agency contractors and consultants to their usage. We will also take the Reform and Oversight, the Chair of the include disclosure to CMS grantees who opportunity to update any sections of Senate Committee on Homeland perform a task for the agency. CMS the system that were affected by the Security & Governmental Affairs, and grantees, charged with completing recent reorganization or because of the the Administrator, Office of Information projects or activities that require CMS impact of the Medicare Prescription and Regulatory Affairs, Office of data to carry out that activity, are Drug, Improvement, and Modernization Management and Budget (OMB) on classified separate from CMS Act of 2003 (MMA) (Pub. L. 108–173) November 6, 2007. To ensure that all contractors and/or consultants. The provisions and to update language in parties have adequate time in which to modified routine use will remain as the administrative sections to comment, the modified system, routine use number 1. We will modify correspond with language used in other including routine uses, will become existing routine use number 4 that CMS SORs. effective 30 days from the publication of permits disclosure to Peer Review The primary purposes of the SOR are the notice, or 40 days from the date it Organizations (PRO). Organizations to collect and maintain information to: was submitted to OMB and Congress, previously referred to as PROs will be (1) Study and help ensure the quality of whichever is later, unless CMS receives care provided by home health agencies renamed to read: Quality Improvement comments that require alterations to this (HHA); (2) aid in administration of the Organizations (QIO). Information will be notice. disclosed to QIOs relating to assessing survey and certification of Medicare/ and improving HHA quality of care. The Medicaid HHAs; (3) enable regulators to ADDRESSES: The public should address modified routine use will remain as provide HHAs with data for their comments to: CMS Privacy Officer, routine use number 4. internal quality improvement activities; Division of Privacy Compliance, CMS proposes to broaden the scope of (4) support agencies of the state Enterprise Architecture and Strategy the disclosure requirement for routine government to determine, evaluate and Group, Office of Information Services, use number 5, authorizing disclosure to assess overall effectiveness and quality CMS, Room N2–04–27, 7500 Security national accrediting organizations that of HHA services provided in the state; Boulevard, Baltimore, Maryland 21244– have been approved by CMS for (5) provide for the validation, and 1850. Comments received will be deeming authority for Medicare refinements of the Medicare Prospective available for review at this location, by requirements for home health services. Payment System; (6) aid in the appointment, during regular business

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hours, Monday through Friday from 9 The OASIS information will be individual that additional exposure of a.m.–3 p.m., eastern time zone. submitted by the HHA to the the record might bring; and FOR FURTHER INFORMATION CONTACT: government for all patients, except pre- c. That there is a strong probability Patricia Sevast, Nurse Consultant, partum and postpartum patients, that the proposed use of the data would Division of Continuing Care Providers, patients under 18 years of age, and in fact accomplish the stated purpose(s). Survey and Certification Group, Center patients receiving other than personal 3. Requires the information recipient for Medicaid and State Operations, care or health care services; i.e., to: CMS, 7500 Security Boulevard, S2–12– housekeeping services and chore a. Establish administrative, technical, 25, Baltimore, Maryland 21244–1850. services. Identifiers will be included for and physical safeguards to prevent The telephone number is (410) 786– all patients receiving services paid for unauthorized use of disclosure of the 8135, or via e-mail at by Medicare traditional fee-for-service, record; and [email protected]. Medicaid traditional fee-for-service, b. Remove or destroy at the earliest Medicare HMO/managed care or time all patient-identifiable information. SUPPLEMENTARY INFORMATION: Medicaid HMO/managed care. For 4. Determines that the data are valid I. Description of the Modified or patients with only a non-Medicare or and reliable. Altered System of Records non-Medicaid payment source, the HHA will submit OASIS information with III. Proposed Routine Use Disclosures A. Statutory and Regulatory Basis for masked identifiers and will retain the of Data in the System System identifier and masked identifier at the A. The Privacy Act allows us to Authority for maintenance of this HHA. In other words, the patient disclose information without an system is given under Sections 1102(a), identifier for non-Medicare and non- individual’s consent if the information 1154, 1861(m), 1861(o), 1861(z), 1863, Medicaid patients will only be known is to be used for a purpose that is 1864, 1865, 1866, 1871, 1891, and 1902 and retained by the HHA and not by the compatible with the purpose(s) for of the Social Security Act. These government. which the information was collected. provisions of the Act authorize the II. Agency Policies, Procedures, and Any such compatible use of data is Administrator of CMS to require HHAs Restrictions on Routine Uses known as a ‘‘routine use.’’ The proposed participating in the Medicare and routine uses in this system meet the Medicaid programs to complete a A. The Privacy Act permits us to compatibility requirement of the Privacy standard, valid, patient assessment data disclose information without an Act. We are proposing to establish the set; i.e., the OASIS, as part of their individual’s consent if the information following routine use disclosures of comprehensive assessments and is to be used for a purpose that is information maintained in the system: updates when evaluating adult, non- compatible with the purpose(s) for 1. To support agency contractors, maternity patients as required by which the information was collected. consultants, or grantees, who have been section 484.55 of the Conditions of Any such disclosure of data is known as engaged by the agency to assist in the Participation. Authority is also given a ‘‘routine use.’’ The government will performance of a service related to this under section 951 of the Medicare only release OASIS information that can collection and who need to have access Prescription Drug, Improvement, and be associated with an individual as to the records in order to perform the Modernization Act of 2003 (Pub. L. 108– provided for under ‘‘Section III. activity. 173). Proposed Routine Use Disclosures of We contemplate disclosing Data in the System.’’ Both identifiable information under this routine use only B. Collection and Maintenance of Data and non-identifiable data may be in situations in which CMS may enter in the System disclosed under a routine use. into a contractual or similar agreement The system collects and maintains We will only collect the minimum with a third party to assist in information on all patients, except those personal data necessary to achieve the accomplishing CMS function relating to in a category exempted by purpose of OASIS. CMS has the purposes for this system. administrative policies and procedures, following policies and procedures CMS occasionally contracts out who receive services from an HHA concerning disclosures of information certain of its functions when doing so certified for Medicare and Medicaid that will be maintained in the system. would contribute to effective and payments. The OASIS data set includes Disclosure of information from this efficient operations. CMS must be able identifiers. It also includes information system will be approved only to the to give a contractor, consultant or on: (1) Patient History, (2) Living extent necessary to accomplish the grantee whatever information is Arrangements, (3) Supportive purpose of the disclosure and only after necessary for the contractor or Assistance, (4) Sensory Status, (5) CMS: consultant to fulfill its duties. In these Integumentary Status, (6) Respiratory 1. Determines that the use or situations, safeguards are provided in Status, (7) Elimination Status, (8) disclosure is consistent with the reason the contract prohibiting the contractor, Neuro/Emotional/Behavioral Status, (9) that the data is being collected, e.g., to consultant or grantee from using or Activities of Daily Living/Instrumental evaluate and monitor the quality of disclosing the information for any Activities of Daily Living (ADL/IADL), home health care and contribute to the purpose other than that described in the (10) Medications, (11) Equipment accuracy of health insurance operations. contract and requires the contractor, Management, (12) Emergent Care, and 2. Determines: consultant or grantee to return or (13) Discharge. Identifiers are patient a. That the purpose for which the destroy all information at the name, social security number, Medicare disclosure is to be made can only be completion of the contract. number and Medicaid number. A accomplished if the record is provided 2. To assist another Federal or state masked identifier is one in which an in individually identifiable form; agency, agency of a state government, an encrypted value is permanently b. That the purpose for which the agency established by state law, or its substituted for an identifier to prevent disclosure is to be made is of sufficient fiscal agent to: recipients of the information from importance to warrant the potential a. Contribute to the accuracy of CMS’s identifying the individual. effect and/or risk on the privacy of the proper payment of Medicare benefits,

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b. Enable such agency to administer a request, and only for those facilities that accomplishing CMS functions relating Federal health benefits program, or as they accredit and that participate in the to the purpose of combating fraud, necessary to enable such agency to Medicare program and if they meet the waste, and abuse. fulfill a requirement of a Federal statute following requirements: CMS occasionally contracts out or regulation that implements a health a. Provide identifying information for certain of its functions and makes grants benefits program funded in whole or in HHAs that have an accreditation status when doing so would contribute to part with federal funds, and/or with the requesting deemed effective and efficient operations. CMS c. Evaluate and monitor the quality of organization, must be able to give a contractor or home health care and contribute to the b. submit a finder file identifying grantee whatever information is accuracy of health insurance operations. beneficiaries/patients receiving HHA necessary for the contractor or grantee to Other Federal or state agencies in services, their administration of a Federal health c. complete a signed data exchange fulfill its duties. In these situations, program may require OASIS agreement or a CMS data use agreement, safeguards are provided in the contract information in order to support and prohibiting the contractor or grantee evaluations and monitoring of d. safeguard the confidentiality of the from using or disclosing the information reimbursement for services provided. data and prevent unauthorized access. for any purpose other than that 3. To assist an individual or CMS anticipates providing these described in the contract and requiring organization for research, evaluation or national accrediting organizations with the contractor or grantee to return or epidemiological projects related to the OASIS information to enable them to destroy all information. prevention of disease or disability, or target potential or identified problems 8. To assist another Federal agency or the restoration or maintenance of health, during the organization’s accreditation to an instrumentality of any and for payment-related projects. review process of that facility. governmental jurisdiction within or The collected data will provide the 6. To support the Department of under the control of the United States research, evaluation and Justice (DOJ), court or adjudicatory body (including any State or local epidemiological projects a broader, when: governmental agency), that administers, longitudinal, national perspective of the a. The agency or any component or that has the authority to investigate data. CMS anticipates that many thereof, or potential fraud, waste, or abuse in, a researchers will have legitimate requests b. any employee of the agency in his health benefits program funded in to use these data in projects that could or her official capacity, or whole or in part by Federal funds, when ultimately improve the care provided to c. any employee of the agency in his disclosure is deemed reasonably Medicare patients and the policy that or her individual capacity where the necessary by CMS to prevent, deter, governs the care. CMS understands the DOJ has agreed to represent the discover, detect, investigate, examine, concerns about the privacy and employee, or prosecute, sue with respect to, defend confidentiality of the release of data for d. the United States Government is a against, correct, remedy, or otherwise a research use. Disclosure of data for party to litigation or has an interest in combat fraud, waste, or abuse in such research and evaluation purposes may such litigation, and by careful review, programs. involve aggregate data rather than CMS determines that the records are individual-specific data. both relevant and necessary to the Other agencies may require OASIS 4. To support Quality Improvement litigation and that the use of such information for the purpose of Organizations (QIO) in order to assist records by the DOJ, court or combating fraud, waste, and abuse in the QIO to perform Title XI and Title adjudicatory body is compatible with such Federally-funded programs. XVIII functions relating to assessing and the purpose for which the agency B. Additional Provisions Affecting improving HHA quality of care. collected the records. Routine Use Disclosures. To the extent QIOs will work with HHAs to Whenever CMS is involved in this system contains Protected Health implement quality improvement litigation, and occasionally when Information (PHI) as defined by HHS programs, provide consultation to CMS, another party is involved in litigation regulation ‘‘Standards for Privacy of its contractors, and to state agencies. and CMS’ policies or operations could Individually Identifiable Health The QIOs will provide a supportive role be affected by the outcome of the Information’’ (45 CFR Parts 160 and 164, to HHAs in their endeavors to comply litigation, CMS would be able to Subparts A and E) 65 Fed. Reg. 82462 with Medicare Conditions of disclose information to the DOJ, court or (12–28–00). Disclosures of such PHI that Participation; will assist the state adjudicatory body involved. are otherwise authorized by these 7. To assist a CMS contractor agencies in related monitoring and routine uses may only be made if, and enforcement efforts; assist CMS and (including, but not necessarily limited as, permitted or required by the help regional home health to fiscal intermediaries and carriers) that ‘‘Standards for Privacy of Individually intermediaries in home health program assists in the administration of a CMS- Identifiable Health Information.’’ (See integrity assessment; and prepare administered health benefits program, 45 CFR 164–512(a)(1)). summary information about the nation’s or to a grantee of a CMS-administered home health care for release to grant program, when disclosure is In addition, our policy will be to beneficiaries. deemed reasonably necessary by CMS to prohibit release even of data not directly 5. To support national accrediting prevent, deter, discover, detect, identifiable, except pursuant to one of organizations with approval for deeming investigate, examine, prosecute, sue the routine uses or if required by law, authority for Medicare requirements for with respect to, defend against, correct, if we determine there is a possibility home health services (i.e., the Joint remedy, or otherwise combat fraud, that an individual can be identified Commission on Accreditation of waste, or abuse in such program. through implicit deduction based on Healthcare Organizations, Accreditation We contemplate disclosing small cell sizes (instances where the Commission for Health Care, Inc., and information under this routine use only patient population is so small that the Community Health Accreditation in situations in which CMS may enter individuals could, because of the small Program). Information will be released into a contractual relationship or grant size, use this information to deduce the to these organizations upon specific with a third party to assist in identity of the beneficiary).

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IV. Safeguards individual, or his/her legal updates when evaluating adult, non- CMS has safeguards in place for representative, or in accordance with an maternity patients as required by authorized users and monitors such applicable exception provision of the section 484.55 of the Conditions of users to ensure against unauthorized Privacy Act. CMS, therefore, does not Participation. Authority is also given use. Personnel having access to the anticipate an unfavorable effect on under section 951 of the Medicare system have been trained in the Privacy individual privacy as a result of Prescription Drug, Improvement, and Act and information security information relating to individuals. Modernization Act of 2003 (Pub. L. 108– requirements. Employees who maintain Dated: November 7, 2007. 173). records in this system are instructed not Charlene Frizzera, PURPOSE(S) OF THE SYSTEM: to release data until the intended Chief Operating Officer, Centers for Medicare The primary purposes of the SOR are recipient agrees to implement & Medicaid Services. to collect and maintain information to: appropriate management, operational SYSTEM NO. 09–70–0522 (1) Study and help ensure the quality of and technical safeguards sufficient to care provided by home health agencies protect the confidentiality, integrity and SYSTEM NAME: (HHA); (2) aid in administration of the availability of the information and ‘‘Home Health Agency (HHA) survey and certification of Medicare/ information systems and to prevent Outcome and Assessment Information Medicaid HHAs; (3) enable regulators to unauthorized access. Set (OASIS),’’ HHS/CMS/CMSO. provide HHAs with data for their This system will conform to all internal quality improvement activities; SECURITY CLASSIFICATION: applicable Federal laws and regulations (4) support agencies of the state and Federal, HHS, and CMS policies Level Three Privacy Act Sensitive government to determine, evaluate and and standards as they relate to Data. assess overall effectiveness and quality information security and data privacy. SYSTEM LOCATION: of HHA services provided in the state; These laws and regulations may apply (5) provide for the validation, and but are not limited to: The Privacy Act The Centers for Medicare & Medicaid Services (CMS) Data Center, 7500 refinements of the Medicare Prospective of 1974; the Federal Information Payment System; (6) aid in the Security Management Act of 2002; the Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244– administration of Federal and state HHA Computer Fraud and Abuse Act of 1986; programs within the state; and (7) the Health Insurance Portability and 1850 and South Building, Baltimore, Maryland 21244–1850. monitor the continuity of care for Accountability Act of 1996; the E- patients who reside temporarily outside Government Act of 2002, the Clinger- CATEGORIES OF INDIVIDUALS COVERED BY THE of the state. Information maintained in Cohen Act of 1996; the Medicare SYSTEM: this system will also be disclosed to: (1) Modernization Act of 2003, and the The system of records (SOR) will Support regulatory, reimbursement, and corresponding implementing contain clinical assessment information policy functions performed within the regulations. OMB Circular A–130, (OASIS) for all patients receiving the Agency or by a contractor, consultant, or Management of Federal Resources, services of a Medicare and/or Medicaid grantee; (2) assist another Federal and/ Appendix III, Security of Federal approved HHA, except pre-partum and or state agency, agency of a state Automated Information Resources also post-partum patients, patients under 18 government, an agency established by applies. Federal, HHS, and CMS years of age, and patients receiving state law, or its fiscal agent, for policies and standards include but are other than personal care or health care evaluating and monitoring the quality of not limited to: All pertinent National services; i.e., housekeeping services and home health care and contribute to the Institute of Standards and Technology chore services. Identifiable information accuracy of health insurance operations; publications; the HHS Information will be maintained in the SOR only for (3) support research, evaluation, or Systems Program Handbook and the those individuals whose payments come epidemiological projects related to the CMS Information Security Handbook. from Medicare or Medicaid. prevention of disease or disability, or V. Effects of the Modified System of the restoration or maintenance of health, CATEGORIES OF RECORDS IN THE SYSTEM: Records on Individual Rights and for payment related projects; (4) This SOR will contain individual- support the functions of Quality CMS proposes to modify this system level demographic and identifying data, Improvement Organizations (QIO); (5) in accordance with the principles and as well as clinical status data for support the functions of national requirements of the Privacy Act and will patients with the payment sources of accrediting organizations; (6) support collect, use, and disseminate Medicare traditional fee for service, litigation involving the Agency; (7) information only as prescribed therein. Medicaid traditional fee for service, combat fraud, waste, and abuse in Data in this system will be subject to the Medicare HMO/managed care or certain health care programs. authorized releases in accordance with Medicaid HMO/managed care. the routine uses identified in this ROUTINE USES OF RECORDS MAINTAINED IN THE system of records. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM, INCLUDING CATEGORIES OR USERS AND CMS will take precautionary Authority for maintenance of this THE PURPOSES OF SUCH USES: measures (see item IV above) to system is given under Sections 1102(a), A. The Privacy Act allows us to minimize the risks of unauthorized 1154, 1861(m), 1861(o), 1861(z), 1863, disclose information without an access to the records and the potential 1864, 1865, 1866, 1871, 1891, and 1902 individual’s consent if the information harm to individual privacy or other of the Social Security Act. These is to be used for a purpose that is personal or property rights of patients provisions of the Act authorize the compatible with the purpose(s) for whose data are maintained in the Administrator of CMS to require HHAs which the information was collected. system. CMS will collect only that participating in the Medicare and Any such compatible use of data is information necessary to perform the Medicaid programs to complete a known as a ‘‘routine use.’’ The proposed system’s functions. In addition, CMS standard, valid, patient assessment data routine uses in this system meet the will make disclosure from the proposed set; i.e., the OASIS, as part of their compatibility requirement of the Privacy system only with consent of the subject comprehensive assessments and Act. We are proposing to establish the

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following routine use disclosures of c. any employee of the agency in his size, use this information to deduce the information maintained in the system: or her individual capacity where the identity of the beneficiary). 1. To support agency contractors, DOJ has agreed to represent the consultants, or grantees, who have been employee, or POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND engaged by the agency to assist in the d. the United States Government is a DISPOSING OF RECORDS IN THE SYSTEM: performance of a service related to this party to litigation or has an interest in collection and who need to have access such litigation, and by careful review, STORAGE: to the records in order to perform the CMS determines that the records are All records are stored on paper and activity. both relevant and necessary to the magnetic disk. 2. To assist another Federal or state litigation and that the use of such agency, agency of a state government, an records by the DOJ, court or RETRIEVABILITY: agency established by state law, or its adjudicatory body is compatible with The Medicare and Medicaid records fiscal agent to: the purpose for which the agency are retrieved by health insurance claim a. contribute to the accuracy of CMS’s collected the records. number, Social Security number (SSN) proper payment of Medicare benefits, 7. To assist a CMS contractor or by state assigned Medicaid number. b. enable such agency to administer a (including, but not necessarily limited Federal health benefits program, or as to fiscal intermediaries and carriers) that SAFEGUARDS: necessary to enable such agency to assists in the administration of a CMS- CMS has safeguards in place for fulfill a requirement of a Federal statute administered health benefits program, authorized users and monitors such or regulation that implements a health or to a grantee of a CMS-administered users to ensure against unauthorized benefits program funded in whole or in grant program, when disclosure is use. Personnel having access to the part with federal funds, and/or deemed reasonably necessary by CMS to system have been trained in the Privacy c. evaluate and monitor the quality of prevent, deter, discover, detect, Act and information security home health care and contribute to the investigate, examine, prosecute, sue requirements. Employees who maintain accuracy of health insurance operations. with respect to, defend against, correct, records in this system are instructed not 3. To assist an individual or remedy, or otherwise combat fraud, to release data until the intended organization for research, evaluation or waste, or abuse in such program. recipient agrees to implement epidemiological projects related to the 8. To assist another Federal agency or appropriate management, operational prevention of disease or disability, or to an instrumentality of any and technical safeguards sufficient to the restoration or maintenance of health, governmental jurisdiction within or protect the confidentiality, integrity and and for payment related projects. under the control of the United States availability of the information and 4. To support Quality Improvement (including any State or local information systems and to prevent Organizations (QIO) in order to assist governmental agency), that administers, unauthorized access. the QIO to perform Title XI and Title or that has the authority to investigate This system will conform to all XVIII functions relating to assessing and potential fraud, waste, or abuse in, a applicable Federal laws and regulations improving HHA quality of care. health benefits program funded in and Federal, HHS, and CMS policies 5. To support national accrediting whole or in part by Federal funds, when and standards as they relate to organizations with approval for deeming disclosure is deemed reasonably information security and data privacy. authority for Medicare requirements for necessary by CMS to prevent, deter, These laws and regulations may apply home health services (i.e., the Joint discover, detect, investigate, examine, but are not limited to: The Privacy Act Commission on Accreditation of prosecute, sue with respect to, defend of 1974; the Federal Information Healthcare Organizations, Accreditation against, correct, remedy, or otherwise Security Management Act of 2002; the Commission for Health Care, Inc., and combat fraud, waste, or abuse in such Computer Fraud and Abuse Act of 1986; the Community Health Accreditation programs. the Health Insurance Portability and Program). Information will be released B. Additional Provisions Affecting Accountability Act of 1996; the E- to these organizations upon specific Routine Use Disclosures. To the extent Government Act of 2002, the Clinger- request, and only for those facilities that this system contains Protected Health Cohen Act of 1996; the Medicare they accredit and that participate in the Information (PHI) as defined by HHS Modernization Act of 2003, and the Medicare program and if they meet the regulation ‘‘Standards for Privacy of corresponding implementing following requirements: Individually Identifiable Health regulations. OMB Circular A–130, a. Provide identifying information for Information’’ (45 CFR Parts 160 and 164, Management of Federal Resources, HHAs that have an accreditation status Subparts A and E) 65 Fed. Reg. 82462 Appendix III, Security of Federal with the requesting deemed (12–28–00). Disclosures of such PHI that Automated Information Resources also organization, are otherwise authorized by these applies. Federal, HHS, and CMS b. Submit a finder file identifying routine uses may only be made if, and policies and standards include but are beneficiaries/patients receiving HHA as, permitted or required by the not limited to: All pertinent National services, ‘‘Standards for Privacy of Individually Institute of Standards and Technology c. Complete a signed data exchange Identifiable Health Information.’’ (See publications; the HHS Information agreement or a CMS data use agreement, 45 CFR 164–512(a)(1)). Systems Program Handbook and the and In addition, our policy will be to CMS Information Security Handbook. d. Safeguard the confidentiality of the prohibit release even of data not directly data and prevent unauthorized access. identifiable, except pursuant to one of RETENTION AND DISPOSAL: 6. To support the Department of the routine uses or if required by law, CMS will retain identifiable OASIS Justice (DOJ), court or adjudicatory body if we determine there is a possibility assessment data for a total period not to when: that an individual can be identified exceed fifteen (15) years. a. The agency or any component through implicit deduction based on thereof, or small cell sizes (instances where the SYSTEM MANAGER AND ADDRESS: b. any employee of the agency in his patient population is so small that Director, Division of Continuing Care or her official capacity, or individuals could, because of the small Providers, Survey and Certification

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Group, Center for Medicaid and State the reasons for the correction with Description: The Office of Community Operations, CMS, 7500 Security supporting justification. (These Services (OCS) is a component of the Boulevard, S2–12–25, Baltimore, Procedures are in accordance with Administration for Children and Maryland 21244–1850. Department regulation 45 CFR 5b.7). Families (ACF), which is part of the U.S. Department of Health and Human NOTIFICATION PROCEDURE: RECORDS SOURCE CATEGORIES: Services (HHS). Part of OCS’ For purpose of access, the subject The data contained in this system of responsibilities is the program individual should write to the system records are obtained from The Outcome administration of Federal grants manager who will require the system and Assessment Information Set. name, health insurance claim number, awarded through an annual competitive and for verification purposes, the SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS process to support urban and rural subject individual’s name (woman’s OF THE ACT: community economic development maiden name, if applicable), SSN None. projects carried out by local, non-profit, (furnishing the SSN is voluntary, but it [FR Doc. E7–22083 Filed 11–9–07; 8:45 am] community-based organizations. OCS is may make searching for a record easier BILLING CODE 4120–03–P collecting key program information and prevent delay), address, date of about the CED and the JOLI projects in birth, and sex. the United States. The legislative DEPARTMENT OF HEALTH AND requirement for these two programs is in RECORD ACCESS PROCEDURE: HUMAN SERVICES Title IV of the Community For purpose of access, use the same Opportunities, Accountability and procedures outlined in Notification Administration for Children and Training and Educational Services Act Procedures above. Requestors should Families (COATES Human Services also specify the record contents being Reauthorization Act) of October 27, Proposed Information Collection sought. (These procedures are in 1998, Pub. L. 105–285, section 680(b) as Activity; Comment Request accordance with department regulation amended. The information collection 45 CFR 5b.5(a)(2)). Proposed Projects questionnaire will gather significant CONTESTING RECORDS PROCEDURES: Title: Office of Community Services updated information concerning The subject individual should contact (OCS) Evaluation Initiative: Community program outcomes and management. the system manager named above, and Economic Development (CED) and Job OCS will use the data to critically reasonably identify the records and Opportunities for Low-Income (JOLI) review and improve the overall design specify the information to be contested. Individuals. and effectiveness of each program. State the corrective action sought and OMB Control No. 0907–0317. Respondents: OCS Grantees.

ANNUAL BURDEN ESTIMATES

Number of Average burden Instrument Number of responses per hours per Total burden respondents respondent response hours

Questionnaire for OCS–CED Grantees in the United States 147 1 1.5 220.5 Questionnaire for OCS–JOLI Grantees in the United States 25 1 1.5 37.5

Estimated Total Annual Burden whether the information shall have DEPARTMENT OF HEALTH AND Hours: 258. practical utility; (b) the accuracy of the HUMAN SERVICES In compliance with the requirements agency’s estimate of the burden of the of section 3506(c)(2)(A) of the proposed collection of information; (c) Administration for Children and Paperwork Reduction Act of 1995, the the quality, utility, and clarity of the Families Administration for Children and information to be collected; and (d) Families is soliciting public comment Proposed Information Collection ways to minimize the burden of the Activity; Comment Request on the specific aspects of the collection of information on information collection described above. respondents, including through the use Proposed Projects: Copies of the proposed collection of of automated collection techniques or Title: Data Collection Plan for the information can be obtained and other forms of information technology. comments may be forwarded by writing Customer Satisfaction Evaluation of Consideration will be given to Child Welfare Information Gateway. to the Administration for Children and comments and suggestions submitted Families, Office of Administration, OMB No.: 0970–0303. within 60 days of this publication. Office of Information Services, 370 Description: The National L’Enfant Promenade, SW., Washington, Dated: November 6, 2007. Clearinghouse on Child Abuse and DC 20447, Attn: ACF Reports Clearance Robert Sargis, Neglect Information (NCCAN) and the Officer. E-mail address: Reports Clearance Officer. National Adoption Information [email protected]. All requests [FR Doc. 07–5609 Filed 11–9–07; 8:45 am] Clearinghouse (NAIC) received OMB should be identified by the title of the approval to collect data for a customer BILLING CODE 4184–01–M information collection. satisfaction evaluation under OMB The Department specifically requests control number 0970–0303. On June 20, comments on: (a) Whether the proposed 2006, NCCAN and NAIC were collection of information is necessary consolidated into Child Welfare for the proper performance of the Information Gateway (CWIG). In functions of the agency, including response to this consolidation, the

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proposed information collection and acquiring information, creating customer-driven government that activities include revisions to the information, organizing and storing matches or exceeds the best service Customer Satisfaction Evaluation information, disseminating information, available in the private sector. To that approved under OMB control number and facilitating information exchange end, CWIG’s evaluation is designed to 0970–0303. among professionals and concerned better understand the kind and quality CWIG is a service of the Children’s citizens. A number of vehicles are of services customers want, as well as Bureau, a component within the employed to accomplish these activities, customers’ level of satisfaction with Administration for Children and including, but not limited to, Web site existing services. The proposed data Families, and CWIG is dedicated to the hosting, discussions with customers, collection activities for the evaluation mission of connecting professionals and and dissemination of publications (both include customer satisfaction surveys, concerned citizens to information on print and electronic). programs, research, legislation, and The Customer Satisfaction Evaluation customer comment cards, selected statistics regarding the safety, was initiated in response to Executive publication surveys, and focus groups. permanency, and well-being of children Order 12862 issued on September 11, Respondents: Child Welfare and families. CWIG’s main functions are 1993. The order calls for putting Information Gateway customers. identifying information needs, locating customers first and striving for a

ANNUAL BURDEN ESTIMATES

Number of Average burden Instrument Number of responses per hours per survey Total burden respondents survey respondent response hours

Customer Satisfaction Survey—Web site Delivery ...... 1,545 16 .0048 118.7 Customer Satisfaction Survey—E-mail Delivery ...... 29 14 .0048 1.9 Customer Satisfaction Survey—Print Delivery ...... 31 14 .0048 2.1 Customer Satisfaction Survey—Phone Delivery ...... 171 14 .0063 15.1 Comment Card ...... 264 3 .0048 3.8 Selected Publications Survey ...... 85 11 .0048 4.5 Focus Group Guide ...... 28 16 .0625 28

Estimated total annual burden hours: comments and suggestions submitted grantee’s compliance with Federal law 174.1. within 60 days of this publication. and progress toward achieving its goals. In compliance with the requirements Dated: November 6, 2007. Performance information includes: of Section 3506(2)(A) of the Paperwork • Robert Sargis, Description of major activities and Reduction Act of 1995, the accomplishments during the reporting Reports Clearance Officer. Administration for Children and period; Families is soliciting public comment [FR Doc. 07–5610 Filed 11–9–07; 8:45 am] • Description of deviations or on the specific aspects of the BILLING CODE 4184–01–M departures from the original project; information collection described above. • Description of significant findings Copies of the proposed collection of and events; information can be obtained and DEPARTMENT OF HEALTH AND • Description of dissemination comments may be forwarded by writing HUMAN SERVICES activities; • to the Administration for Children and Administration for Children and Description of other activities; and Families, Office of Administration, • Families Description of activities planned for Office of Information Services, 370 the next reporting period, including L’Enfant Promenade, CW, Washington, Proposed Information Collection goals and objectives. DC 20447, Attn: ACF Reports Clearance Activity; Comment Request Program-Specific Performance Measure Officer. E-mail address: infocollection@ acf.hhs.gov. All requests should be Proposed Projects The CBAE program is developing a identified by the title of the information Title: Community-Based Abstinence program-specific performance measure collection. Education Program (CBAE). in response to the PART review (a The Department specifically requests OMB No.: 0970–0272. process by which the Office of comments on: (a) Whether the proposed Description: The discretionary Management and Budget analyzes and collection of information is necessary funding Community-Based Abstinence rates a Federal program’s procedures for the proper performance of the Education Program (CBAE) is and strategies for evaluating its functions of the agency, including authorized by Title XI, Section 1110, of effectiveness), for which the program whether the information shall have the Social Security Act (using the received a rating of Adequate. In an practical utility; (b) the accuracy of the definitions contained in Title V, Section effort to gather program-specific data on agency’s estimate of the burden of the 510(b)(2) of the Social Security Act). rates of abstinence pre- and post- proposed collection of information; (c) program participation, ACF and the the quality, utility, and clarity of the Performance Progress Report/Program Office of Management and Budget information to be collection; and (d) Narrative determined that a program-specific ways to minimize the burden of the The CBAE Performance Progress performance measure should be collection of information on Report/Program Narrative is a developed to assess key outcomes respondents, including through the use semiannual report form through which among program participants. The CBAE of automated collection techniques or grantees report performance information office convened a panel of abstinence other forms of information technology. used by the Administration for Children education experts to gather input on the Consideration will be given to and Families (ACF) to evaluate each measure, and, based on the input

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provided, the CBAE office is developing well as two key predictors of initiation: community-based organizations, faith- the measure. CBAE grantees will be Sexual values and behavioral intentions. based organizations, schools/school required to ask ten to fifteen questions The program office will collect and districts, universities/colleges, of the youth served in a pre- and post- compile data to establish baselines and hospitals, public health agencies, local survey, as well as a representative ambitious targets for the program- governments, Tribal councils, small sample of the youth served in a post- specific performance measure. The data businesses/for-profit entities, housing post-survey. will be aggregated and results will be authorities, etc. Program-Specific The questions are being carefully shared with the public as they become Performance Measure—Youth constructed by an experienced evaluator available. Participants to measure initiation and Respondents: Performance Progress discontinuation of sexual intercourse as Report/Program Narrative—Non-profit

ANNUAL BURDEN ESTIMATES

Number of Average burden Instrument Number of responses per hours per Total burden respondents respondent response hours

Community-Based Abstinence Education Performance Progress Report/Program Narrative ...... 60 2 50 6,000 Community-Based Abstinence Education Program-Specific Performance Measure ...... 1,000,000 3 1/6 500,000

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND service funded in whole or in part by Hours: 506,000. HUMAN SERVICES SSBG. In compliance with the requirements States are required to report their of Section 3506(c)(2)(A) of the Administration for Children and annual SSBG expenditures on a Paperwork Reduction Act of 1995, the Families standard post-expenditure report. This Administration for Children and request seeks approval to continue the Families is soliciting public comment Proposed Information Collection use of the current form with no changes. on the specific aspects of the Activity; Comment Request This standard post-expenditure report information collection described above. Proposed Projects form includes a yearly total of adults Copies of the proposed collection of and children served and annual information can be obtained and Title: Social Services Block Grant expenditures in each of 29 service comments may be forwarded by writing (SSBG) Post-expenditure Report. categories. The annual report is to be to the Administration for Children and OMB No.: 0970–0234. submitted within six months of the end Families, Office of Administration, Description: The purpose of this of the period covered by the report, and Office of Information Services, 370 information collection is to (1) extend must address: (1) The number of L’Enfant Promenade, SW., Washington, the collection of post-expenditure data individuals (as well as the number of DC 20447, Attn: ACF Reports Clearance using the current OMB approved children and the number of adults) who Officer. E-mail address: reporting form (OMB No. 0970–0234) receive services paid for, in whole or in [email protected]. All requests past the current expiration date of May part, with Federal funds under the should be identified by the title of the 31, 2008; and (2) request that States SSBG; (2) the amount of SSBG funds information collection. voluntarily use the post-expenditure spent in providing each service; (3) the The Department specifically requests report format to estimate expenditures total amount of Federal, State, and local comments on: (a) Whether the proposed and recipients, by service category, as funds spent in providing each service, collection of information is necessary part of the required annual intended use including SSBG funds; and (4) the for the proper performance of the plan. method(s) by which each service is functions of the agency, including The Social Services Block Grant provided, showing separately the whether the information shall have services provided by public and private practical utility; (b) the accuracy of the program (SSBG) provides funds to assist States in delivering critical services to agencies. These reporting requirements agency’s estimate of the burden of the can be found at 45 CFR 96.74. proposed collection of information; (c) vulnerable older adults, persons with Information collected on the post- the quality, utility, and clarity of the disabilities, at-risk adolescents and expenditure report is analyzed and information to be collected; and (d) young adults, and children and families described in an annual report on SSBG ways to minimize the burden of the in the State. Funds are allocated to the expenditures and recipients produced collection of information on States in proportion to their by the Office of Community Services respondents, including through the use populations. States have substantial (OCS), Administration for Children and of automated collection techniques or discretion in their use of funds and may Families (ACF). The information other forms of information technology. determine what services will be contained in this report is used for Consideration will be given to provided, who will be eligible, and how program planning and management. The comments and suggestions submitted funds will be distributed among the data establish how SSBG funding is within 60 days of this publication. various services. State or local SSBG agencies (i.e., county, city, regional used for the provision of services in Dated: November 6, 2007. offices) may provide the services or may each State to each of many specific Robert Sargis, purchase them from qualified agencies, populations of needy individuals. Reports Clearance Officer. organizations or individuals. States Federal regulation and reporting [FR Doc. 07–5611 Filed 11–9–07; 8:45 am] report as recipients of SSBG-funded requirements for the SSBG also require BILLING CODE 4184–01–M services any individuals who receive a each State to develop and submit an

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annual intended use plan that describes categories and characteristics of required by 42 USC 1397e(a), ACF is how the State plans to administer its individuals to be served, must be requesting that States voluntarily use SSBG funds for the coming year. This provided. States vary greatly in the the format of the post-expenditure report is to be submitted 30 days prior information they provide and the report form to provide estimates of the to the start of the fiscal year (June 1 if structure of the report. States are amount of expenditures and the number the State operates on a July–June fiscal required to submit a revised intended of recipients by service category, that year, or September 1 if the State use plan if the planned use of SSBG the State plans to use SSBG funds to operates on a Federal fiscal year). funds changes during the year. support as part of the intended use plan. No specific format is required for the In order to provide a more accurate Many states are already using the format intended use plan. The intended use of analysis of the extent to which funds are of the post-expenditure report form as SSBG funds, including the types of spent ‘‘in a manner consistent’’ with part of their pre-expenditure report. activities to be supported and the each of the States’ plan for their use, as Respondents: States.

ANNUAL BURDEN ESTIMATES

Number of Average burden Instrument Number of responses per hours per Total burden respondents respondent response hours

Post-Expenditure Report ...... 56 1 110 6,160 Use of Post-Expenditure Report Form as Part of the In- tended Use Plan ...... 56 1 2 112

Estimated Total Annual Burden agency’s estimate of the burden of the DEPARTMENT OF HEALTH AND Hours: 6,272. proposed collection of information; (c) HUMAN SERVICES In compliance with the requirements the quality, utility, and clarity of the of Section 3506(c)(2)(A) of the information to be collected; and (d) Administration for Children and Paperwork Reduction Act of 1995, the ways to minimize the burden of the Families Administration for Children and collection of information on Proposed Information Collection Families is soliciting public comment respondents, including through the use on the specific aspects of the Activity; Comment Request of automated collection techniques or information collection described above. Proposed Projects Copies of the proposed collection of other forms of information technology. information can be obtained and Consideration will be given to Title: April 2008 Current Population comments may be forwarded by writing comments and suggestions submitted Survey Supplement on Child Support. to the Administration for Children and within 60 days of this publication. OMB No.: 0992–0003. Families, Office of Administration, Dated: November 6, 2007 Description: Collection of these data will assist legislators and policymakers Office of Information Services, 370 Robert Sargis, L’Enfant Promenade, SW., Washington, in determining how effective their Reports Clearance Officer. DC 20447, Attn: ACF Reports Clearance policymaking efforts have been over Officer. E-mail address: [FR Doc. 07–5612 Filed 11–9–07; 8:45 am] time in applying the various child [email protected]. All requests BILLING CODE 4184–01–M support legislation to the overall child should be identified by the title of the support enforcement picture. This information collection. information will help policymakers The Department specifically requests determine to what extent individuals on comments on: (a) Whether the proposed welfare would be removed from the collection of information is necessary welfare rolls as a result of more for the proper performance of the stringent child support enforcement functions of the agency, including efforts. whether the information shall have Respondents: Individuals and practical utility; (b) the accuracy of the Households.

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours per Total burden respondents respondent response hours

Child Support Survey ...... 41,300 1 .0241666 998

Estimated Total Annual Burden Copies of the proposed collection of should be identified by the title of the Hours: 998. information can be obtained and information collection. In compliance with the requirements comments may be forwarded by writing The Department specifically requests of section 3506(c)(2)(A) of the to the Administration for Children and comments on: (a) Whether the proposed Paperwork Reduction Act of 1995, the Families, Office of Information Services, collection of information is necessary Administration for Children and 370 L’Enfant Promenade, SW., for the proper performance of the Families is soliciting public comment Washington, DC 20447, Attn: ACF functions of the agency, including on the specific aspects of the Reports Clearance Officer. All requests whether the information shall have information collection described above. practical utility; (b) the accuracy of the

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agency’s estimate of the burden of the shown that a healthy marriage brings individuals associated with the grant proposed collection of information; (c) about good outcomes for individuals, applications, the disclosure of which the quality, utility, and clarity of the families, and especially, for children. A would constitute a clearly unwarranted information to be collected; and (d) national media campaign would invasion of personal privacy. ways to minimize the burden of the significantly raise the awareness of the Name of Committee: National Center for collection of information on benefits of healthy marriage and the Complementary and Alternative Medicine respondents, including through the use benefits of marriage education. The Special Emphasis Panel Omics. of automated collection techniques or campaign would disseminate Date: December 7, 2007. other forms of information technology. information that explains how marriage Time: 8 a.m. to 5 p.m. Consideration will be given to the education can enhance a couple’s ability Agenda: To review and evaluate grant comments and suggestions submitted to form and sustain a healthy marriage applications. and describe the benefits to children Place: Bethesda Marriott, 5151 Pooks Hill within 60 days of this publication. Road, Bethesda, MD 20814. Dated: November 6, 2007. being raised in healthy, married two Contact Person: Martina Schmidt, PhD, parent households. Bob Sargis, Scientific Review Administrator, Office of Additionally, by promoting healthy Scientific Review, National Center for Reporting Clearance Officer. marriage and marriage education on a Complementary, & Alternative Medicine, [FR Doc. 07–5626 Filed 11–9–07; 8:45 am] national level, the NHMRC will NIH, 6707 Democracy Blvd., Suite 401, BILLING CODE 4184–01–M encourage a national discussion and Bethesda, MD 20892, 301–594–3456, further the mission of ACF’s Healthy [email protected]. Marriage Initiative to help couples and Dated: November 2, 2007. DEPARTMENT OF HEALTH AND individuals, who have chosen marriage HUMAN SERVICES Jennifer Spaeth, for themselves, gain greater access to Director, Office of Federal Advisory marriage education services, on a Administration for Children and Committee Policy. voluntary basis, where they can acquire Families [FR Doc. 07–5621 Filed 11–9–07; 8:45 am] the skills and knowledge necessary to BILLING CODE 4140–01–M Office of Family Assistance; Notice to form and sustain a healthy marriage. Award Single-Source Expansion After the appropriate reviews, it has Supplement Grant been determined that this single-source DEPARTMENT OF HEALTH AND expansion qualifies for funding. HUMAN SERVICES AGENCY: Office of Family Assistance, The period of this funding will extend ACF, HHS. from September 30, 2007 through National Institutes of Health ACTION: Notice. September 29, 2011. FOR FURTHER INFORMATION CONTACT: National Heart, Lung, and Blood C.F.D.A. Number: 93.086. Michelle Clune, Office of Family Institutes; Notice of Meeting Statutory Authority: This action is Assistance, Administration for Children Pursuant to section 10(a) of the authorized under the Deficit Reduction Act and Families, 370 L’Enfant Promenade, Federal Advisory Committee Act, as of 2005 (Pub. L. 109–171) which amends SW., Washington, DC 20447, Telephone: amended (5 U.S.C. Appendix 2), notice Title IV, Section 403(a)(2)(C) of the Social 202–401–5467, e-mail: is hereby given of the following meeting Security Act (42.U.S.C. 603(a)(2)); Section [email protected]. 1110 of the Social Security Act governing of the Sleep Disorders Research Social Services Research and Demonstration Dated: November 6, 2007. Advisory Board. activities; Title IV–B, Subpart 2 of the Social Sidonie Squier, The meeting will be open to the Security Act, Promoting Safe and Stable Director, Office of Family Assistance. public, with attendance limited to space Families; and Section 452(j) of the Social [FR Doc. E7–22101 Filed 11–9–07; 8:45 am] available. Individuals who plan to Security Act. BILLING CODE 4184–01–P attend and need special assistance, such SUMMARY: Notice is hereby given that a as sign language interpretation or other single-source program expansion is reasonable accommodations, should being made to Public Strategies, Inc., as DEPARTMENT OF HEALTH AND notify the Contact Person listed below the National Healthy Marriage Resource HUMAN SERVICES in advance of the meeting. Center (NHMRC), located in Oklahoma Name of Committee: Sleep Disorders City, OK, in the amount of $1,250,000 National Institutes of Health Research Advisory Board. to conduct a national media campaign Date: December 4, 2007. National Center for Complementary & on the value of marriage and the skills Time: 8 a.m. to 4 p.m. Alternative Medicine; Notice of Closed needed to increase marital stability and Agenda: To discuss sleep research, Meeting health. Public Strategies, Inc. and their education priorities, and programs. Place: National Institutes of Health, collaborative partners were Pursuant to section 10(d) of the Building 31, 31 Center Drive, 6C Room 6, competitively awarded on September Federal Advisory Committee Act, as Bethesda, MD 20892. 30, 2006 to operate the NHMRC. The amended (5 U.S.C. Appendix 2), notice Contact Person: Michael J. Twery, PhD, goal of the NHMRC is to be the ‘‘first is hereby given of the following Director, National Center on Sleep Disorders stop shop’’ for marriage education meeting. Research, Division of Lung Diseases, National information, an experienced provider of The meeting will be closed to the Heart, Lung, and Blood Institute, National training and technical assistance, and a public in accordance with the Institutes of Health, 6701 Rockledge Drive, major catalyst in advancing the healthy provisions set forth in section is Suite 10038, Bethesda, MD 20892–7952, 301– marriage field. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 435–0199, [email protected]. Information is also available on the Since healthy marriage is a nascent as amended. The grant applications and Institute’s/Center’s home page: http:// field, it is necessary for the NHMRC to the discussions could disclose www.nhlbi.nih.gov/meetings/index.htm, promote healthy marriage on a broad, confidential trade secrets or commercial where an agenda and any additional national level in order to achieve these property such as patentable material, information for the meeting will be posted stated goals. Research has repeatedly and personal information concerning when available.

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(Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND The meeting will be closed to the Program Nos. 93.233, National Center for HUMAN SERVICES public in accordance with the Sleep Disorders Research; 93.837, Heart and provisions set forth in sections Vascular Diseases Research; 93.838, Lung National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diseases Research; 93.839, Blood Diseases as amended. The grant applications and and Resources Research, National Institutes National Institute of Dental and of Health, HHS). the discussions could disclose Craniofacial Research; Notice of confidential trade secrets or commercial Dated: November 2, 2007. Closed Meeting property such as patentable material, Jennifer Spaeth, and personal information concerning Director, Office of Federal Advisory Pursuant to section 10(d) of the individuals associated with the grant Committee Policy. Federal Advisory Committee Act, as applications, the disclosure of which [FR Doc. 07–5620 Filed 11–9–07; 8:45 am] amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted is hereby given of the following BILLING CODE 4140–01–M invasion of personal privacy. meeting. Name of Committee: National Institute of The meeting will be closed to the Dental and Craniofacial Research Special DEPARTMENT OF HEALTH AND public in accordance with the Emphasis Panel. To review T32s received HUMAN SERVICES provisions set forth in sections under PAR–05–101 & PAR–07–332. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: February 25, 2008. National Institutes of Health as amended. The grant applications and Time: 8:30 a.m. to 6 p.m. the discussions could disclose Agenda: To review and evaluate grant National Institute of Neurological confidential trade secrets or commercial applications. Disorders and Stroke; Notice of Closed property such as patentable material, Place: Bethesda Marriott, 5151 Pooks Hill Meeting Road, Bethesda, MD 20814. and personal information concerning Contact Person: Mary Kelly, Scientific Pursuant to section 10(d) of the individuals associated with the grant Review Officer, National Institute of Dental Federal Advisory Committee Act, as applications, the disclosure of which and Crainofacial Res., 45 Center Drive, amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted Natcher Bldg., RM 4AN38F, Bethesda, MD is hereby given of the following invasion of personal privacy. 20892–6402, (301) 594–4809, _ meeting. Name of Committee: National Institute of mary [email protected]. The meeting will be closed to the Dental and Craniofacial Research Special (Catalogue of Federal Domestic Assistance public in accordance with the Emphasis Panel Review PAR 05–031, P01s. Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of provisions set forth in sections Date: November 28–29, 2007. Time: 8 a.m. to 5 p.m. Health, HHS) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Dated: November 2, 2007. as amended. The grant applications and applications. Jennifer Spaeth, the discussions could disclose Place: Doubletree Hotel Bethesda, confidential trade secrets or commercial (Formerly Holiday Inn Select), 8120 Director, Office of Federal Advisory property such as patentable material, Wisconsin Avenue, Bethesda, MD 20814. Committee Policy. and personal information concerning Contact Person: Peter Zelazowski, PhD, [FR Doc. 07–5617 Filed 11–9–07; 8:45 am] individuals associated with the grant Scientific Review Officer, Scientific Review BILLING CODE 4140–01–M applications, the disclosure of which Branch, Division of Extramural Activities, would constitute a clearly unwarranted National Inst. of Dental and Craniofacial Research, National Institutes of Health, invasion of personal privacy. DEPARTMENT OF HEALTH AND Bethesda, MD 20892–6402, 301–593–4861, HUMAN SERVICES Name of Committee: National Institute of [email protected]. Neurological Disorders and Stroke Special (Catalogue of Federal Domestic Assistance National Institutes of Health Emphasis Panel, Stroke Prevention/ Program Nos. 93.121, Oral Diseases and Intervention Program. Disorders Research, National Institutes of National Institute of Child Health and Date: November 30, 2007. Health, HHS) Human Development; Notice of Closed Time: 8 a.m. to 3 p.m. Agenda: To review and evaluate grant Dated: November 1, 2007. Meeting applications. Jennifer Spaeth, Pursuant to section 10(d) of the Place: The Ritz Carlton, Atlanta, 181 Director, Office of Federal Advisory Federal Advisory Committee Act, as Peachtree Street, NE., Atlanta, GA 30303. Committee Policy. amended (5 U.S.C. Appendix 2), notice Contact Person: Shanta Rajaram, PhD, [FR Doc. 07–5615 Filed 11–9–07; 8:45 am] Scientific Review Administrator, Scientific is hereby given of the following Review Branch, NIH/NINDS/Neuroscience BILLING CODE 4140–01–M meeting. Center, 6001 Executive Blvd., Suite 3208, The meeting will be closed to the Msc 9529, Bethesda, MD 20892, (301) 435– public in accordance with the 6033, [email protected]. DEPARTMENT OF HEALTH AND provisions set forth in sections (Catalogue of Federal Domestic Assistance HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Nos. 93.853, Clinical Research as amended. The grant applications and National Institutes of Health Related to Neurological Disorders; 93.854, the discussions could disclose Biological Basis Research in the National Institute of Dental and confidential trade secrets or commercial Neurosciences, National Institutes of Health, property such as patentable material, HHS) Craniofacial Research; Notice of Closed Meeting and personal information concerning Dated: November 1, 2007. individuals associated with the grant Jennifer Spaeth, Pursuant to section 10(d) of the applications, the disclosure of which Director, Office of Federal Advisory Federal Advisory Committee Act, as would constitute a clearly unwarranted Committee Policy. amended (5 U.S.C. Appendix 2), notice invasion of personal privacy. [FR Doc. 07–5614 Filed 11–9–07; 8:45 am] is hereby given of the following Name of Committee: National Institute of BILLING CODE 4140–01–M meeting. Child Health and Human Development

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Special Emphasis Panel Institutional of Health, Bethesda, MD 20892, 301–435– Dated: November 2, 2007. Research Training Grant (T32) applications. 6908. Jennifer Spaeth, Date: December 3, 2007. (Catalogue of federal Domestic Assistance Director, Office of Federal Advisory Time: 4 p.m. to 6 p.m. Program Nos. 93.864, Population Research; Committee Policy. Agenda: To review and evaluate grant applications. 93.865, Research for Mothers and Children; [FR Doc. 07–5622 Filed 11–9–07; 8:45 am] Place: National Institutes of Health, 6100 93.929, Center for Medical Rehabilitation BILLING CODE 4140–01–M Executive Boulevard, 5B01, Rockville, MD Research; 93.209, Contraception and 20852. (Telephone Conference Call.) Infertility Loan Repayment Program, National Contact Person: Anne Krey, Scientific Institutes of Health, HHS) DEPARTMENT OF HEALTH AND Review Administrator, Division of Scientific HUMAN SERVICES Review, National Institute of Child Health Dated: November 2, 2007. and Human Development, National Institutes Jennifer Spaeth, National Institutes of Health of Health, Bethesda, MD 20892, 301–435– Director, Office of Federal Advisory 6908. Committee Policy. Office of the Director, National (Catalogue of Federal Domestic Assistance [FR Doc. 07–5619 Filed 11–09–07; 8:45 am] Institutes of Health; Notice of Meeting Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; BILLING CODE 4140–01–M Pursuant to section 10(a) of the 93.929, Center for Medical Rehabilitation Federal Advisory Committee Act, as Research; 93.209, Contraception and amended (5 U.S.C. Appendix 2), notice Infertility Loan Repayment Program, National DEPARTMENT OF HEALTH AND is hereby given of a meeting of the Institutes of Health, HHS) HUMAN SERVICES Recombinant DNA Advisory Committee. Dated: November 2, 2007. The meeting will be open to the National Institutes of Health Jennifer Spaeth, public, with attendance limited to space available. Individuals who plan to Director, Office of Federal Advisory National Institute of Allergy and attend and need special assistance, such Committee Policy. Infectious Diseases; Notice of Closed [FR Doc. 07–5618 Filed 11–09–07; 8:45 am] as sign language interpretation or other Meeting reasonable accommodations, should BILLING CODE 4140–01–M notify the Contact Person listed below Pursuant to section 10(d) of the in advance of the meeting. Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Name of Committee: Recombinant DNA HUMAN SERVICES is hereby given of the following Advisory Committee. Date: December 3–5, 2007. National Institutes of Health meeting. Time: December 3, 2007, 8 a.m. to 1 p.m. The meeting will be closed to the Agenda: The Recombinant DNA Advisory National Institute of Child Health and public in accordance with the Committee will review and discuss selected Human Development; Notice of Closed provisions set forth in sections human gene transfer protocols as well as Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., related data management activities. There will also be follow-ups on Consideration of Pursuant to section 10(d) of the as amended. The grant applications and a Proposed Major Action under section III– Federal Advisory Committee Act, as the discussions could disclose A–1 of the NIH Guidelines for Research amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Involving Recombinant DNA Molecules and is hereby given of the following property such as patentable material, on a serious adverse event on a gene transfer and personal information concerning trial using an AAV vector. meeting. Place: National Institutes of Health, The meeting will be closed to the individuals associated with the grant applications, the disclosure of which Building 31, Floor 6C, 31 Center Drive, public in accordance with the Conference Room 10, Bethesda, MD 20892. provisions set forth in sections would constitute a clearly unwarranted invasion of personal privacy. Time: December 4, 2007, 8 a.m. to 3 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: Continued. as amended. The grant applications and Name of Committee: National Institute of Place: National Institutes of Health, the discussions could disclose Allergy and Infectious Diseases Special Building 31, Floor 6C, 31 Center Drive, confidential trade secrets or commercial Emphasis Panel, Phenome Project. Conference Room 10, Bethesda, MD 20892. property such as patentable material, Date: November 30, 2007. Time: December 5, 2007, 8 a.m. to 10:30 and personal information concerning Time: 1 p.m. to 4 p.m. a.m. individuals associated with the grant Agenda: To review and evaluate grant Agenda: Continued. applications, the disclosure of which applications. Place: National Institutes of Health, Building 31, Floor 6C, 31 Center Drive, would constitute a clearly unwarranted Place: National Institutes of Health, Conference Room 10, Bethesda, MD 20892. Rockledge 6700, 6700B Rockledge Drive, invasion of personal privacy. Contact Person: Laurie Lewallen, Advisory Name of Committee: National Institute of Bethesda, MD 20817. (Telephone Conference Committee Coordinator, Office of Child Health and Human Development Call). Biotechnology Activities, National Institutes Special Emphasis Panel Special Emphasis Contact Person: Ellen S. Buczko, PhD, of Health, 6705 Rockledge Drive, Room 750, Panel Review—Shultz P01. Scientific Review Officer, Scientific Review Bethesda, MD 20892–7985, 301–496–9838, Date: December 7, 2007. Program, Division of Extramural Activities, [email protected]. Time: 11 a.m. to 2 p.m. National Institutes of Health/NIAID, 6700B Any interested person may file written Agenda: To review and evaluate grant Rockledge Drive, MSC 7616, Bethesda, MD comments with the committee by forwarding applications. 20892–7616, 301–451–2676, the statement to the Contact Person listed on Place: National Institutes of Health, 6100 [email protected]. this notice. The statement should include the Executive Boulevard, 5B01, Rockville, MD name, address, telephone number and when 20852. (Telephone Conference Call.) (Catalogue of Federal Domestic Assistance applicable, the business or professional Contact Person: Anne Krey, Scientific Program Nos. 93.855, Allergy, Immunology, affiliation of the interested person. review Administrator, Division of Scientific and Transplantation Research; 93.856, In the interest of security, NIH has review, National Institute of Child Health, Microbiology and Infectious Diseases instituted stringent procedures for entrance and Human Development, National Institutes Research, National Institutes of Health, HHS) onto the NIH campus. All visitor vehicles,

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including taxicabs, hotel, and airport shuttles public workshop, CCTV: Developing interested in receiving comments on the will be inspected before being allowed on Privacy Best Practices. following topics: campus. Visitors will be asked to show one DATES: The two-day workshop will be 1. Are there existing state, local, or form of identification (for example, a international programs that have government-issued photo ID, driver’s license, held on December 17, 2007, from 8:30 or passport) and to state the purpose of their a.m. to 5 p.m. and on December 18, developed privacy and civil liberties visit. 2007, from 8:30 a.m. to 12:30 p.m. guidelines for CCTV that can serve as Information is also available on the ADDRESSES: The workshop will be held resources for the development of best Institute’s/Center’s home page: http:// in the Gallery Ballroom at the Hilton practices? www4.od.nih.gov/oba/, where an agenda and Arlington Hotel, Arlington, VA (Ballston 2. How can CCTV systems be any additional information for the meeting Metro). designed in a manner that respects will be posted when available. privacy and civil liberties? FOR FURTHER INFORMATION CONTACT: OMB’s ‘‘Mandatory Information 3. What measures are necessary to Toby Milgrom Levin, DHS Privacy Requirements for Federal Assistance Program protect privacy and civil liberties when Office, Department of Homeland Announcements’’ (45 FR 39592, June 11, governments have the ability to link into 1980) requires a statement concerning the Security, Washington, DC 20528; by privately owned CCTV networks or have official government programs contained in telephone 703–235–0780; by facsimile access to images and footage that such the Catalog of Federal Domestic Assistance. 703-235–0790; or by e-mail at Normally NIH lists in its announcements the [email protected]. networks have captured? number and title of affected individual 4. How can Privacy Impact programs for the guidance of the public. SUPPLEMENTARY INFORMATION: The Assessments (PIAs) be used as a means Because the guidance in this notice covers Department of Homeland Security of protecting privacy in this area? What virtually every NIH and Federal research (DHS) Privacy Office is holding a public would make for an effective PIA? How program in which DNA recombinant workshop to bring together leading can government agencies incorporate molecule techniques could be used, it has government, academic, policy, and the findings of PIAs into their CCTV been determined not to be cost effective or international experts to discuss the networks and guidelines? in the public interest to list these programs. impact on privacy and civil liberties of Such a list would likely require several 5. What are the privacy and civil additional pages. In addition, NIH could not closed circuit television (CCTV). This liberties best practices you would be certain that every Federal program would workshop will provide a forum to begin recommend for government use of be included as many Federal agencies, as a discussion to inform development of CCTV? well as private organizations, both national best practices for the use of CCTV by All submissions received must and international, have elected to follow the government agencies. This public include the docket number: DHS–2007– NIH Guidelines. In lieu of the individual workshop is particularly timely given 0076. Written comments may be program listing, NIH invites readers to direct that government agencies at all levels submitted by any one of the following questions to the information address above are expressing interest in the use of methods: about whether individual programs listed in CCTV, and DHS has awarded a number • the Catalog of Federal Domestic Assistance E-mail: [email protected]. are affected. of grants that have been used to Include ‘‘CCTV Workshop Comment’’ in facilitate its use. The workshop will (Catalogue of Federal Domestic Assistance the subject line of the message. explore how CCTV technology can be • Facsimile: 703–235–0442. Program Nos. 93.14, Intramural Research • Training Award; 93.22, Clinical Research used in a manner that respects the Mail: Toby Milgrom Levin, Loan Repayment Program for Individuals privacy and civil liberties of the Department of Homeland Security, from Disadvantaged Backgrounds; 93.232, American public. Development of best Washington, DC 20528. Loan Repayment Program for Research practices for the use of this technology All written comments received will be Generally; 93.39, Academic Research will aid in building public trust that posted without alteration on the Enhancement Award; 93.936, NIH Acquired privacy and civil liberties will be http://www.dhs.gov/privacy Web page Immunodeficiency Syndrome Research Loan considered when making decisions to for this workshop, including any Repayment Program; 93.187, Undergraduate use CCTV. The two-day workshop will personal contact information provided. Scholarship Program for Individuals from Registration: In order to assist us in Disadvantaged Backgrounds, National consist of a series of panel discussions Institutes of Health, HHS) exploring a variety of perspectives planning for the workshop, we ask that regarding the use of CCTV, including attendees register in advance. To Dated: November 2, 2007. technology, law enforcement, register, please send an e-mail to Jennifer Spaeth, community, international, and legal and [email protected] with ‘‘CCTV Director, Office of Federal Advisory policy perspectives. The workshop will Workshop Registration’’ in the subject Committee Policy. culminate in a panel discussion on best line, and your name and organizational [FR Doc. 07–5616 Filed 11–9–07; 8:45 am] practices for CCTV, during which affiliation, if any, in the body of the BILLING CODE 4140–01–M panelists will share their various e-mail. Alternatively, you may call 703– perspectives and individual 235–0780 to register and to provide the recommendations. Workshop attendees DHS Privacy Office with your name and DEPARTMENT OF HOMELAND will have an opportunity to ask organizational affiliation, if any. The SECURITY questions after each panel. Privacy Office will only use this The workshop is open to the public, information for purposes of planning Office of the Secretary and no fee is required for attendance. this workshop and to contact you in the Topics for Comment: To develop a event of any logistical changes. An Notice Announcing Public Workshop comprehensive record regarding best agenda and logistical information will AGENCY: Privacy Office, Department of practices for CCTV, the DHS Privacy be posted on the workshop web page Homeland Security (DHS). Office also invites interested parties to shortly before the event. A written ACTION: Notice Announcing Public submit written comments as described transcript will be posted on the web Workshop. below. Comments should be received on page following the event. or before Friday, November 30, 2007, Special Assistance: Persons with SUMMARY: The Department of Homeland and should be as specific as possible. disabilities who require special Security Privacy Office will host a The Privacy Office is particularly assistance should indicate this in their

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registration request and are encouraged Background DEPARTMENT OF HOUSING AND to identify anticipated special needs as The Department of Homeland URBAN DEVELOPMENT early as possible. Security (DHS), through the United [Docket No. FR–5130–N–14] Dated: November 5, 2007. States Coast Guard and the Hugo Teufel III, Transportation Security Administration Privacy Act of 1974; Amendment to Chief Privacy Officer, Department of (TSA), issued a joint final rule (72 FR Existing Systems of Records, Debt Homeland Security. 3492; January 25, 2007) pursuant to the Collection Asset Management System Maritime Transportation Security Act [FR Doc. E7–22127 Filed 11–9–07; 8:45 am] AGENCY: Office of the Chief Information BILLING CODE 4410–10–P (MTSA), Pub. L. 107–295, 116 Stat. 2064 (November 25, 2002), and the Security Officer, HUD. and Accountability for Every Port Act of ACTION: Notice of an amendment to two existing Systems of Records. DEPARTMENT OF HOMELAND 2006 (SAFE Port Act), Public Law 109– SECURITY 347 (October 13, 2006). This rule SUMMARY: Pursuant to the provisions of requires all credentialed merchant the Privacy Act of 1974 (5 U.S.C. 552a), Transportation Security Administration mariners and individuals with HUD is amending one of Privacy Act unescorted access to secure areas of a record systems, the Debt Collection [Docket Nos. TSA–2006–24191; Coast regulated facility or vessel to obtain a Asset Management System (DCAMS, Guard–2006–24196] TWIC. In this final rule, on page 3510, HUD/HS 54) notice published in the TSA and Coast Guard stated that a Federal Register on July 26, 2006 (71 FR Transportation Worker Identification phased enrollment approach based 36353), to include a new routine. The Credential (TWIC); Enrollment Dates upon risk assessment and cost/benefit routine use will permit the disclosure of for the Ports of Houston, TX; would be used to implement the data transferred from DCAMS to HUD’s Providence, RI; Chicago, IL; Port program nationwide, and that TSA Credit Alert Interactive Verification Arthur, TX; and Savannah, GA would publish a notice in the Federal Response System (CAIVRS) that makes Register indicating when enrollment at AGENCY: Transportation Security federal debtor’s delinquency and claim a specific location will begin and when Administration; United States Coast information available to program it is expected to terminate. Guard; DHS. agencies and approved lenders to verify This notice provides the start date for the creditworthiness of loan applicant’s. ACTION: Notice. TWIC initial enrollment at the Ports of DATES: Effective Date: This action shall Houston, TX; Providence, RI; Chicago, SUMMARY: The Department of Homeland be effective without further notice on IL; Port Arthur, TX; and Savannah, GA Security (DHS) through the December 13, 2007 unless comments are only. Enrollment in Houston and Transportation Security Administration received which will result in a contrary Providence will begin on November 14, (TSA) issues this notice of the dates for determination. 2007. Enrollment in Chicago, Port the beginning of the initial enrollment Comments Due Date: December 13, Arthur, and Savannah will begin on for the Transportation Worker 2007. November 15, 2007. The Coast Guard Identification Credential (TWIC) for the will publish a separate notice in the ADDRESSES: Interested persons are Ports of Houston, TX; Providence, RI; Federal Register indicating when invited to submit comments regarding Chicago, IL; Port Arthur, TX; and facilities within the Captain of the Port this notice to the Rules Docket Clerk, Savannah, GA. Zone Houston-Galveston, including Office of General Counsel, Department DATES: TWIC enrollment in Houston those in the Port of Houston, TX; of Housing and Urban Development, and Providence will begin on November Captain of the Port Zone Southeastern 451 Seventh Street, SW., Room 10276, 14, 2007; TWIC enrollment in Chicago, New England, including those in the Washington, DC 20410–0500. Port Arthur and Savannah will begin on Port of Providence, RI; Captain of the Communications should refer to the November 15, 2007. Port Zone Lake Michigan, including above docket number and title. A copy ADDRESSES: You may view published those in the Port of Chicago, IL; Captain of each communication submitted will documents and comments concerning of the Port Zone Port Arthur, including be available for public inspection and the TWIC Final Rule, identified by the those in the Port of Port Arthur, TX; and copying between 8 a.m. and 5 p.m. docket numbers of this notice, using any Captain of the Port Zone Savannah, weekdays at the above address. one of the following methods. including those in the Port of Savannah, FOR FURTHER INFORMATION CONTACT: The (1) Searching the Federal Docket GA must comply with the portions of Departmental Privacy Act Officer, 451 Management System (FDMS) web page the final rule requiring TWIC to be used Seventh St., SW., Room 4156, at www.regulations.gov; as an access control measure. That Washington, DC 20410, telephone (2) Accessing the Government notice will be published at least 90 days number (202) 619–9057. (This is not a Printing Office’s web page at http:// before compliance is required. toll-free number.) A telecommunication www.gpoaccess.gov/fr/index.html; or To obtain information on the pre- device for hearing- and speech-impaired (3) Visiting TSA’s Security enrollment and enrollment process, and individuals (TTY) is available at (800) Regulations web page at http:// enrollment locations, visit TSA’s TWIC 877–8339 (Federal Information Relay www.tsa.gov and accessing the link for Web site at http://www.tsa.gov/twic. Service). ‘‘Research Center’’ at the top of the page. Issued in Arlington, Virginia, on November SUPPLEMENTARY INFORMATION: Title 5 FOR FURTHER INFORMATION CONTACT: 6, 2007. U.S.C. 552a(e)(4) and (11) provides that James Orgill, TSA–19, Transportation Stephen Sadler, the public be afforded a 30-day period Security Administration, 601 South Director, Maritime and Surface Credentialing, in which to comment on the new 12th Street, Arlington, VA 22202–4220. Office of Transportation Threat Assessment systems of records, and require Transportation Threat Assessment and and Credentialing, Transportation Security published notice of the existence and Credentialing (TTAC), TWIC Program, Administration. character of the system of records. (571) 227–4545; e-mail: [FR Doc. E7–22072 Filed 11–9–07; 8:45 am] The new system report was submitted [email protected]. BILLING CODE 9110–05–P to the Office of Management and Budget

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(OMB), the Senate Committee on found at 5 U.S.C. 5514, 28 U.S.C. 2672, 8. Records may be disclosed in asset Homeland Security and Governmental and 31 U.S.C. 3711, 3716–18, and 3721. sale transactions to third party debt Affairs, and the House Committee on The implementing regulations purchasers. Oversight and Government Reform pertaining to HUD’s debt collection 9. Records may be transmitted to pursuant to paragraph 4c of Appendix 1 activities and collection and use of CAIVRS (Credit Alert Interactive to OMB Circular No. A–130, ‘‘Federal personal data to support those activities Verification Reporting System) which is Agency Responsibilities for Maintaining are found at 24 CFR 17.60 through a HUD-sponsored database that makes a Records About Individuals,’’ July 25, 17.170. federal debtor’s delinquency and claim 1994 (59 FR 37914). PURPOSES: information available to federal lending Authority: 5 U.S.C. 552a 88 Stat. 1896; 342 The primary purpose of DCAMS is to and assistance agencies and private U.S.C. 3535(d). collect and maintain data needed to lenders who issue federally insured or Dated: November 1, 2007. support activities related to the guaranteed loans for the purpose of evaluating a loan applicant’s Mile Milazzo, collection and servicing of various creditworthiness. Acting Deputy CIO for IT Operations. HUD/FHA debts. Debt collection and servicing activities include sending both HUD/HS–55 POLICIES AND PRACTICES FOR STORING, automated and manually generated RETRIEVING, ACCESSING, RETAINING, AND SYSTEM NAME: correspondence; making official phone DISPOSING OF RECORDS IN THE SYSTEM: calls; reporting consumer data to the Debt Collection and Asset credit bureaus; supporting collection STORAGE: Management System (DCAMS), which initiatives, such as wage garnishment, Records are stored electronically in consists of two sister systems identified offset of federal payments, pursuit of as F71 and F71A. computer hardware devices and in hard judgments, and foreclosure; and copy in file cabinets or other secure SYSTEM LOCATION: supporting defensive litigation related storage units. to foreclosure and actions to quiet title. Mainframe maintained in HUD It contains information on individuals RETRIEVABILITY: Headquarters, 451 Seventh Street, SW., who have debts resulting from default Suite P–7110, Washington, DC 20410. Records may be retrieved by computer on HUD/FHA insured Title I loans and Records management performed by search via the name, address, or Social from other HUD/FHA loan programs. HUD’s Financial Operations Center, 52 Security Number of the defaulted Corporate Circle, Albany, New York ROUTINE USES OF RECORDS MAINTAINED IN THE borrower and manually by combination 12203. SYSTEM, INCLUDING CATEGORIES OF USERS AND of account number and name of primary THE PURPOSES OF SUCH USES: defaulted borrower. CATEGORIES OF INDIVIDUALS COVERED BY THE In addition to those disclosures SYSTEM: generally permitted under subsection (b) SAFEGUARDS: Categories of individuals who have of the Privacy Act of 1974, 5 U.S.C. Records are maintained in a secure debts resulting from default on HUD/ 522a(b), records may also be disclosed computer network and in locked file FHA-insured Title I loans and from routinely to other users under the cabinets in office space with controlled other HUD/FHA loan programs. following circumstances: access. 1. Records may be disclosed to CATEGORIES OF RECORDS IN THE SYSTEM: individuals under contract, cooperative RETENTION AND DISPOSAL: The system contains data fields agreement, or working agreement with pertaining to defaulted borrowers that Computer records for all active cases HUD to assist the Department in are available online in DCAMS. include defaulted borrowers’ names, fulfilling its statutory financial and asset addresses, Social Security Numbers, and Computer records on inactive cases management responsibilities. retired from the system are removed phone numbers. The system also 2. Records may be disclosed during from the DCAMS online files and contains data fields for records relating the course of an administrative retained in batch files. The case remarks to payment and other financial account proceeding, where HUD is a party, to an for these cases remain available online. data such as debt balance; loan Administrative Law Judge and to the Some reports can be generated based on origination information such as date and interested parties to the extent necessary the information stored in the batch files. amount of loan; date of default; and for conducting the proceeding. collection and account statuses. The 3. Records may be disclosed to the Computer records for inactive cases that system also contains narrative remarks Department of Justice for litigation have been purged from the system are (called Case Remarks) that may include purposes associated with the not retained in a batch file. The notes pertaining to discussions with representation of HUD or other Federal financial histories for these cases have defaulted borrowers and other parties; agency before the courts. been printed to microfiche. No other information obtained from public and 4. Records may be disclosed to the reports are available for purged cases. court records, such as assessed property Department of Treasury who provides Records stored in paper files for inactive values, lien histories, case information collection services for HUD. cases are retained in a Federal Records from probate, state, and bankruptcy 5. Records may be provided to the Center. Records are disposed of and courts; and employer information for national credit bureaus for credit archived in a manner that is consistent defaulted borrowers. reporting purposes. with the applicable official HUD 6. Records may be disclosed to a Records Disposition Schedules and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: confidential source to the extent guidelines. HUD is granted the authority in 24 necessary to assist the Office of the SYSTEM MANAGER AND ADDRESS: CFR 17.60 through 17.170 to collect on Inspector General or the Government claims for money or property arising out Accounting Office in an investigation or Lester J. West, Director, HUD, of the program activities of the audit. Financial Operations Center, 52 Department. HUD’s statutory authority 7. Records may be disclosed to Corporate Circle, Albany, New York for collecting and managing claims is employers to effect wage garnishment. 12203.

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NOTIFICATION AND RECORD ACCESS falcons (Falco peregrinus) in the United U.S. due to the similarity of appearance PROCEDURES: States for use in falconry. provision for all peregrine falcons; the Individuals seeking to determine DATES: Comments on the Draft American peregrine falcon remained whether this system of records contains Environmental Assessment and listed as endangered. However, on information about them, or those Management Plan are due by February August 25, 1999, we removed the seeking access to such records, should 11, 2008. American peregrine from the list (64 FR address inquiries to the Project Manager ADDRESSES: The document is available 46541) because the subspecies had of OHHLHC–CIEF, U.S. Department of from, and written comments about it considerably exceeded the recovery Housing and Urban Development, 451 should be submitted to, Chief, Division goals set for it in most areas. Seventh Street, SW., Suite P–7110, of Migratory Bird Management, U.S. Anticipating delisting, in June 1999, Washington, DC 20410. Written requests Fish and Wildlife Service, 4401 North the States, through the International must include the full name, current Fairfax Drive, Room 634, Arlington, VA address, and telephone number of the 22203–1610. The fax number for a Association of Fish and Wildlife individual making the request, proof of request or for comments is 703–358– Agencies, had proposed allowing take of identity, including a description of the 2272. You can request a copy of the migrant peregrines for falconry. In an requester’s relationship to the DEA by calling 703–358–1714. The DEA October 4, 1999, Federal Register notice information in question. The System also is available on the Division of (64 FR 53686), we stated that we would Manager will accept inquiries from Migratory Bird Management Web site at consider a conservative level of take of individuals seeking notification of http://www.fws.gov/migratorybirds/. migrant peregrine falcons in the United whether the system contains records FOR FURTHER INFORMATION CONTACT: Dr. States. The DEA we announce in this pertaining to them. George Allen, Division of Migratory Bird notice is required as part of our CONTESTING RECORD PROCEDURES: Management, U.S. Fish and Wildlife consideration of allowing the take of migrant peregrines. The procedures for requesting Service, at 703–358–1714. amendment or correction of records and SUPPLEMENTARY INFORMATION: The In the DEA, we considered six appealing initial denials appear in 24 peregrine falcon is found almost alternatives to address potential take of CFR part 16. If additional information or worldwide. It is found throughout much migrant peregrine falcons in the United assistance is required, contact: of North America from the subarctic States and Alaska. Under the No-Action (i) In relation to contesting the content boreal forests of Alaska and Canada Alternative, no legal take of migrant of records, the Departmental Privacy Act south to Mexico. The Arctic peregrine peregrine falcons for falconry could Officer at HUD, 451 Seventh Street, falcon (F. p. tundrius) nests in the occur. We also evaluated alternatives SW., Room 4156, Washington, DC tundra of Alaska, Canada, and that would allow take in different 20410; and Greenland, and is typically a long- locations and at different times. (ii) In relation to appeals of initial distance migrant, wintering as far south denials, the Departmental Appeals as South America. The American The preferred alternative is to allow Officer, Office of General Counsel, peregrine falcon (F. p. anatum) occurs take of peregrine falcons between Department of Housing and Urban throughout much of North America September 20th and October 20th from Development, 451 Seventh Street, SW., from the subarctic boreal forests of areas of the continental areas south of Washington, DC 20410. Alaska and Canada south to Mexico. 31degrees North latitude and east of 100 The American peregrine falcon nests degrees West longitude, and within the RECORD SOURCE CATEGORIES: from central Alaska, central Yukon State of Alaska. The allowed take would Information may be collected from a Territory, and northern Alberta and be consistent with management goals variety of sources, including HUD, other Saskatchewan, east to the Maritimes and outlined in the DEA, and would be very federal, state, and local agencies, public south throughout western Canada and unlikely to have negative effects on any records, credit reports, and HUD- the United States to Baja California, portion of the populations of peregrine insured lenders and other program Sonora, and the highlands of central falcons in North America or Greenland. participants. Mexico. However, it is not found in Most of the alternatives would require areas of the Pacific Northwest occupied EXEMPTIONS FROM CERTAIN PROVISIONS OF THE reductions in the allowed take of by the Peales’s peregrine falcon (F. p. ACT: nestling American peregrine falcons in None. pealei), a year-round resident of the northwest Pacific coast from northern the 12 western States in which it is [FR Doc. E7–22077 Filed 11–9–07; 8:45 am] Washington to the Aleutian Islands. allowed. We propose to allow the BILLING CODE 4210–67–P Peregrine falcons declined decisions on allocation of the reduced precipitously in North America take of nestlings to the States following World War II, a decline themselves, with the recommendations DEPARTMENT OF THE INTERIOR attributed largely to organochlorine made through the Flyway Councils. pesticides, mainly DDT, applied in the Kenneth Stansell, Fish and Wildlife Service United States and Canada. Because of the decline, we listed the Arctic and Acting Director, U.S. Fish and Wildlife Take of Migrant Peregrine Falcons in American peregrine falcon subspecies Service. the United States for Use in Falconry were listed as endangered under the [FR Doc. E7–21936 Filed 11–9–07; 8:45 am] AGENCY: Fish and Wildlife Service, Endangered Species Act (16 U.S.C. 1531 BILLING CODE 4310–55–P Interior. et seq. on October 13, 1970 (35 FR ACTION: Notice of availability. 16047). We removed the Arctic peregrine from SUMMARY: This notice is to announce the the Federal List of Endangered and availability of a Draft Environmental Threatened Wildlife on October 5, 1994 Assessment and Management Plan (59 FR 50796) but still regulated this (DEA) for take of migrant peregrine species under the Act in the contiguous

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DEPARTMENT OF THE INTERIOR Federal and non-Federal lands in the (6) City of La Quinta: 78–495 Calle Santa Rosa and San Jacinto Mountains. Tampico, La Quinta, California 92253. Fish and Wildlife Service The Bureau of Land Management (BLM) (7) City of Rancho Mirage: 69825 is a Cooperating Agency in this Highway 111, Rancho Mirage, California Final Recirculated Environmental planning process and will use this Final 92270. Impact Report/Supplemental EIR/EIS to make decisions on BLM- (8) City of Palm Desert: 73–510 Fred Environmental Impact Statement for administered public lands pertaining to Waring Drive, Palm Desert, California the Coachella Valley Multiple Species trail use in the Santa Rosa and San 92260. Habitat Conservation Plan and Natural Jacinto Mountains. The proposals (9) City of Indio: 100 Civic Center Community Conservation Plan, constitute activity (implementation) Mall, Indio, California 92201. Riverside County, CA level actions in furtherance of the (10) City of Indian Wells: 44950 El Dorado Drive, Indian Wells, California AGENCY: Fish and Wildlife Service, California Desert Conservation Area 92210. Interior. Plan (1980), as amended, and the Santa Rosa and San Jacinto Mountains (11) City of Coachella: 1515 Sixth ACTION: Notice of availability; final National Monument Management Plan Street, Coachella, California 92236. recirculated environmental impact (2004). The BLM will issue a separate (12) Cathedral City Public Library: report/supplemental environmental Record of Decision regarding non- 33520 Date Palm Drive, Cathedral City, impact statement and multiple species motorized recreation activities on public California 92234. habitat conservation plan. lands. (13) Coachella Branch Library: 1538 7th Street, Coachella Valley, California SUMMARY: Pursuant to the National DATES: A Record of Decision will be 92260. Environmental Policy Act, this notice signed no sooner than 30 days after the (14) Indio Public Library: 200 Civic announces the availability of the Final publication date of the EPA notice. Center Mall, Indio, California 92201. Recirculated Coachella Valley Multiple Comments on the Final EIR/EIS must be (15) Lake Tamarisk Branch Library: Species Habitat Conservation Plan/ received on or before December 13, Lake Tamarisk Drive, Desert Center, Natural Community Conservation Plan 2007. California 92239. (MSHCP), Final Recirculated ADDRESSES: Comments should be sent to (16) La Quinta Public Library: 78080 Environmental Impact Report/ Mr. Jim Bartel, Field Supervisor, U.S. Calle Estado, La Quinta, California Supplemental Environmental Impact Fish and Wildlife Service, Carlsbad Fish 92253. Statement (Final EIR/EIS), and and Wildlife Office, 6010 Hidden Valley (17) Mecca-North Shore Branch Implementing Agreement. The Road, Carlsbad, California 92011. You Library: 65250 Cahuilla, Mecca, Coachella Valley Association of may also submit comments by facsimile California 92254. Governments, Coachella Valley to 760–431–9624. (18) Palm Springs City Library: 300 Conservation Commission, County of FOR FURTHER INFORMATION CONTACT: Ms. South Sunrise Way, Palm Springs, Riverside, Riverside County Flood California 92262. Control and Water Conservation Therese O’Rourke, Assistant Field Supervisor, at the Carlsbad Fish and (19) Rancho Mirage Public Library: District, Riverside County Parks and 42–520 Bob Hope Drive, Rancho Mirage, Open Space District, Riverside County Wildlife Office above; telephone 760– 431–9440. California 92270. Waste Management District, Coachella (20) Riverside County Library: Palm Valley Water District, Imperial Irrigation SUPPLEMENTARY INFORMATION: Desert Branch, 73–300 Fred Waring District, California Department of Availability of Documents Drive Palm Desert, California 92260. Transportation, California Department (21) Thousand Palms Library: 72–715 of Parks and Recreation, Coachella Copies of the Final Recirculated La Canada Way, Thousand Palms, Valley Mountains Conservancy, and the MSHCP, Implementation Agreement, California 92276. cities of Cathedral City, Coachella, and Final EIR/EIS are available for (22) Coachella Valley Association of Indian Wells, Indio, La Quinta, Palm public review, by appointment, during Governments: 73–710 Fred Waring Desert, Palm Springs, and Rancho regular business hours, at the Carlsbad Drive, Suite 200, Palm Desert, California Mirage (Applicants) applied to the U.S. Fish and Wildlife Office or at the 92260. Fish and Wildlife Service (Service) for Coachella Valley Association of an incidental take permit pursuant to Governments (see ADDRESSES). Copies Background Information section 10(a)(1)(B) of the Endangered are also available for viewing on the A permit is needed because section 9 Species Act of 1973, as amended (Act). World Wide Web at http:// of the Act and Federal regulations The permit is needed to authorize www.cvmshcp.org and at the following prohibit the ‘‘take’’ of animal species incidental take of listed animal species locations: listed as endangered or threatened. Take due to development and certain other (1) Riverside County Planning of listed animal species is defined under activities in the approximately 1.1 Department: 4080 Lemon Street, 9th the Act to include kill, harm, or harass. million acre Plan Area in the Coachella Floor, Riverside, California 92502. Harm includes significant habitat Valley of Riverside County, California. (2) Riverside County Planning: 82675 modification or degradation that The Service is publishing this notice to Hwy 111, Room 209, Indio, California actually kills or injures listed animals inform the public of the proposed action 92201. by significantly impairing essential and to make available for review the (3) U.S. Bureau of Land Management: behavioral patterns, including breeding, Final EIR/EIS, which includes responses 690 Garnet Avenue, North Palm feeding, and sheltering [50 CFR 17.3(c)]. to public comments received on the Springs, California 92258. Under limited circumstances, the March 2007, Recirculated Draft EIR/ (4) City of Palm Springs: 3200 E. Service may issue permits to authorize Supplemental Final EIS. Tahquitz Canyon Way, Palm Springs, incidental take; i.e., take that is The MSHCP also incorporates a California 92262. incidental to, and not the purpose of, Public Use and Trails Plan, which (5) City of Cathedral City: 68–700 otherwise lawful activity. Although take includes proposals that address non- Avenida Lalo Guerrero, Cathedral City, of plant species is not prohibited under motorized recreation activities on California 92234. the Act, and therefore cannot be

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authorized under an incidental take The Coachella Valley Association of Public Review permit, plant species are proposed to be Government’s Executive Committee The Service and the cooperating included on the permit in recognition of approved the Final Recirculated MSHCP agency issued a notice of intent to the conservation benefits provided to on September 10, 2007. The MSHCP is prepare an EIR/EIS for the proposed them under the MSHCP. Assurances intended to protect and sustain viable MSHCP, on June 28, 2000 (65 FR provided under the No Surprises Rule at populations of native plant and animal 39920); a notice of availability of the 50 CFR 17.3, 17.22(b)(5), and 17.32(b)(5) species and their habitats in perpetuity Draft Environmental Impact Report/ would extend to all species named on through the creation of a reserve system, Environmental Impact Statement for the the permit. Regulations governing while accommodating continued proposed MSHCP on November 5, 2004 incidental take permits for threatened economic development and quality of (69 FR 64581); a notice of availability of and endangered species are found in 50 life for residents of the Coachella Valley. the Final Environmental Impact Report/ CFR 17.32 and 17.22, respectively. The MSHCP plan area includes the Environmental Impact Statement for the The EIR/EIS analyzes the impacts of following eight incorporated cities: proposed MSHCP on April 21, 2006 (71 the proposed implementation of the Cathedral City, Coachella, Indian Wells, MSHCP by the Applicants. The FR 20719); and a notice of availability Indio, La Quinta, Palm Desert, Palm Applicants seek an incidental take of the Recirculated Draft EIR/ Springs, and Rancho Mirage. It is one of permit and assurances to incidentally Supplemental Final EIS for the take 22 animal species and assurances two large, multiple-jurisdictional proposed MSHCP on March 30, 2007 for 5 plants. Collectively, the 27 listed habitat-planning efforts in Riverside (72 FR 15148) for a 60-day public and unlisted species are referred to as County, each of which constitutes a comment period. ‘‘Covered Species’’ by the MSHCP and ‘‘subregional’’ plan under the State of The Recirculated Draft EIR/ include 5 plant species (2 endangered, California’s NCCP Act, as amended. Supplemental Final EIS analyzed the 3 unlisted); 2 insect species (both The MSHCP identifies the proposed potential environmental impacts that unlisted); 1 fish species (endangered); 1 reserve system, which would be may result from the Federal action of authorizing incidental take anticipated amphibian species (endangered); 3 established from lands within 21 to occur with implementation of the reptile species (2 threatened, 1 conservation areas that are either MSHCP, and identified various unlisted); 11 bird species (3 endangered, adjacent or linked by biological alternatives. We received 67 comment 8 unlisted); and 4 mammal species (1 corridors. When completed, the reserve letters on the Recirculated Draft EIR/ endangered and 3 unlisted). system would include core habitat for The federally listed species include Supplemental Final EIS. A response to Covered Species, essential ecological each comment received in these letters the Coachella Valley milk-vetch processes, and biological corridors and (Astragalus lentiginosus var. has been included in Volume 5 of the linkages to provide for the conservation Final EIR/EIS. The analysis provided in coachellae), triple-ribbed milk-vetch of the proposed Covered Species. (Astragalus tricarinatus), desert pupfish the Final EIR/EIS is intended to (Cyprinodon macularius), arroyo toad The MSHCP includes measures to accomplish the following: inform the (Bufo californicus), desert tortoise avoid and minimize incidental take of public of the Service’s proposed action (Gopherus agassizii), Coachella Valley the proposed Covered Species, and alternatives; address public fringe-toed lizard (Uma inornata), Yuma emphasizing project design comments received on the Recirculated clapper rail (Rallus longirostris modifications to protect both habitats Draft EIR/Supplemental Final EIS; yumanensis), southwestern willow and species’ individuals. A monitoring disclose the direct, indirect, and flycatcher (Empidonax traillii extimus), and reporting plan would measure the cumulative environmental effects of our least Bell’s vireo (Vireo bellii pusillus), MSHCP’s success based on achieving proposed action and alternatives; and and Peninsular bighorn sheep (Ovis biological goals and objectives; thus, indicate any irreversible commitment of canadensis cremnobates). The ensuring conservation keeps pace with resources that would result from Coachella Valley round-tailed ground development. The MSHCP also includes implementation of the proposed action squirrel (Spermophilus tereticaudus a management program, with adaptive and alternatives. This notice is provided chlorus) is a Federal Candidate. The management, which allows for changes pursuant to section 10(a) of the Act and unlisted species include the Mecca aster in the conservation program if the Service regulations for implementing (Xylorhiza cognate), Orocopia sage biological species objectives are not met, National Environmental Policy Act (40 (Salvia greatae), Little San Bernardino or new information becomes available to CFR 1506.6). Mountains linanthus (Linanthus improve the efficacy of the MSHCP’s Before including your address, phone maculates) or (Gilia maculata), conservation strategy. number, e-mail address, or other Coachella Valley giant sand-treader personal identifying information in your cricket (Macrobaenetes valgum), Covered Activities, as described in the comment, you should be aware that Coachella Valley Jerusalem cricket MSHCP, would include public and your entire comment—including your (Stenopelmatus cahuilaensis), flat-tailed private development within the plan personal identifying information—may horned lizard (Phrynosoma mcalli), area that require discretionary actions be made publicly available at any time. burrowing owl (Athene cunicularia), by an Applicant, making them subject to While you may ask us in your comment crissal thrasher (Toxostoma crissale), Le consistency with MSHCP, regional to withhold your personal identifying Conte’s thrasher (Toxostoma lecontei), transportation facilities, maintenance of information from public review, we gray vireo (Vireo vicinior), yellow and safety improvements on existing cannot guarantee that we will be able to warbler (Dendroica petechia brewsteri), roads, the Circulation Elements of the do so. yellow-breasted chat (Icteria virens), Applicants, maintenance and We will evaluate the permit summer tanager (Piranga rubra), construction of flood control facilities, application, associated documents, and California black rail (Laterallus and compatible uses in the reserve. The public comments to determine whether jamaicensis), southern yellow bat MSHCP makes provision for the the application meets the requirements (Lasiurus ega xanthinus), and Palm inclusion of special districts and other of section 10(a) of the Act. The Service Springs pocket mouse (Perognathus non-Applicant entities in the permit will then prepare a Record of Decision. longimembris bangsi). with a certificate of inclusion. A permit decision will be made no

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sooner than 30 days after the Calhoun County, Michigan; thence the Timber Mountain Off-Highway publication of this notice and North 89 degrees 06′ 09″ East along said Vehicle (OHV) Area, under the completion of the Record of Decision. Southerly line, 214.69 feet; thence jurisdiction of the BLM Medford District Dated: October 26, 2007. 362.37 feet along the arc of a curve to Office. The closures and restrictions are needed in order to protect the area’s Ken McDermond, the left whose radius measures 362.0 feet and whose chord bears North 60 natural resources and provide for public Deputy Manager, California/Nevada ′ ″ health and safety and address ongoing Operations Office, Sacramento, California. degrees 2 31 East, 347.43 feet; thence North 31 degrees 44′ 56″ East, 263.62 resource damage, vehicles and off-road [FR Doc. E7–22087 Filed 11–9–07; 8:45 am] feet; thence North 59 degrees 52′ 54″ vehicles, and conduct. BILLING CODE 4310–55–P East, 81.39 feet to the place of EFFECTIVE DATE: These closures and beginning; thence continuing North 59 restrictions are effective at the time of ′ ″ DEPARTMENT OF THE INTERIOR degrees 52 54 East, 181.87 feet; thence this publication, November 13, 2007, South 78 degrees 01′ 12″ East, 472.30 and will remain in effect until the Bureau of Indian Affairs feet; thence South 76 degrees 27′ 00″ adverse effects are eliminated and East 1357.31 feet; thence South 00 measures are implemented to prevent Proclaiming Certain Lands as degrees 04′ 24″ West, 205.69 feet to the their reoccurrence. Comments may still Reservation for the Nottawaseppi Northwest corner of Lot 21 of the be submitted and are welcome. Huron Band of Potawatomi Indians of Supervisor’s plat of Wagner Acres, as Comments, including names, street Michigan recorded in Liber 11 of plats, on page addresses, and other contact 21, in the Office of the Register of Deeds information of respondents, will be AGENCY: Bureau of Indian Affairs, for Calhoun County, Michigan; thence available for public review at the office Interior. South 00 degrees 4′ 24″ West along the of the Bureau of Land Management, ACTION: Notice of Reservation West line of said Plat, 1992.58 feet to Medford, Oregon, during regular Proclamation. the centerline of Michigan Avenue; business hours (7:45 a.m. to 4:30 p.m.), ′ ″ Monday through Friday, except Federal SUMMARY: thence North 55 degrees 29 21 West This notice informs the public holidays. Before including your address, that the Assistant Secretary—Indian along said centerline, 2350.98 feet; thence North 00 degrees 03′ 28″ East, telephone number, email address, or Affairs proclaimed approximately 78.26 other personal identifying information acres, more or less, as the Nottawaseppi 1191.07 feet to the place of beginning. The above-described lands contain a in your comment, be advised that your Huron Band of Potawatomi Indian entire comment—including your Reservation for the Nottawaseppi Huron total of 78.26 acres, more or less, which is subject to all valid rights, personal identifying information—may Band of Potawatomi Indians of be made publicly available at any time. Michigan. reservations, rights-of-way, and easements of record. While you can ask us in your comment FOR FURTHER INFORMATION CONTACT: Ben This proclamation does not affect title to withhold from public review your Burshia, Bureau of Indian Affairs, to the land described above, nor does it personal identifying information, we Division of Real Estate Services, 1849 C affect any valid existing easements for cannot guarantee that we will be able to Street, NW., Mail Stop-4639-MIB, public roads and highways, public do so. Washington, DC 20240, telephone (202) utilities and for railroads and pipelines ADDRESSES: Address all comments 208–7737. and any other rights-of-way or concerning these closures and SUPPLEMENTARY INFORMATION: This reservations of record. restrictions to: John Gerritsma, Bureau of Land Management, Medford District notice is published in the exercise of Dated: October 15, 2007. authority delegated by the Secretary of Office, 3040 Biddle Road, Medford, Carl J. Artman, the Interior to the Assistant Secretary— Oregon 97504. Comments may also be Indian Affairs by part 209 of the Assistant Secretary—Indian Affairs. submitted electronically to Departmental Manual. [FR Doc. E7–22158 Filed 11–9–07; 8:45 am] [email protected]. A proclamation was issued according BILLING CODE 4310–W7–P FOR FURTHER INFORMATION CONTACT: John to the Act of June 18, 1934 (48 Stat. 986; Gerritsma, Medford District Office, 25 U.S.C. 467), for the land described DEPARTMENT OF THE INTERIOR Medford, Oregon, telephone (541) 618– below. The land was proclaimed to be 2438. Persons who use a the Nottawaseppi Huron Band of Bureau of Land Management telecommunications device for the deaf Potawatomi Indian Reservation for the (TDD) may contact this individual by exclusive use of Indians on that [OR–116–5882–PA; HAG–07–0130] calling the Federal Information Relay reservation who are entitled to reside at Service (FIRS) at (800) 877–8339, 24 Emergency Closures and Restrictions the reservation by enrollment or tribal hours a day, 7 days a week. on Public Land in Oregon membership. SUPPLEMENTARY INFORMATION: The Michigan Meridian AGENCY: Bureau of Land Management, BLM’s Medford District Office has Interior. closed Bunny Meadows (a gravel Calhoun County, State of Michigan; stockpile site) and the surrounding Sackrider Parcel ACTION: Emergency Closures and Restrictions. public lands to camping and off-road Commencing at the West 1⁄4 post of vehicle use. Off-road (or off-highway) Section 13, Town 2 South, Range 7 SUMMARY: Pursuant to Title 43 Code of vehicle off-loading in a designated area, West, Emmett Township, Calhoun Federal Regulations (CFR), § 8364.1 and and motorized vehicle use on BLM road County, Michigan; thence North 00 43 CFR 8341.2(a), the Bureau of Land 38S–3W–14.0 will continue to be degrees 03′ 28″ East along the West line Management (BLM) Medford District allowed to facilitate OHV access to trails of said Section, 46.99 feet to the Office is publishing these closures and and roads located to the west of Bunny Southerly line of the exit ramp for I–94, restrictions for motorized vehicles on Meadows on BLM-administered lands. as recorded in Liber 898 on page 4, in certain public lands in Jackson County The purpose of the closure is to protect the Office of the Register of Deeds for Oregon. These lands are located within soils, water, and fisheries resources that

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are suffering adverse impacts due to permit, potentially impacting the entire (5) Any combat or combat support OHV use. In addition, this closure is fish bearing reach of Kane Creek. In vehicle when used in times of national needed to protect public health and 2001, substrate composition was defense emergencies.’’ safety. The legal description of the described for this same reach as 10% Closures and Restrictions for Bunny Bunny Meadows closure area is BLM- silt, 30% sand, 25% gravel, 25% cobble, Meadows and Timber Mountain administered land in the W1⁄2 of Section and 10% boulder. The major sources of 14, the NE1⁄4 NE1⁄4 of Section 15, and this sediment are old skid trails and You must not enter areas that are the SE1⁄4 NE1⁄4 of Section 15, T. 38 S., roads now used as an OHV trail system posted or otherwise delineated as closed R. 3 W., Willamette Meridian (WM). located upstream on BLM-managed areas with any motorized vehicle. This closure involves about 200 acres of lands and adjacent private lands. These You must not camp in the Bunny BLM-administered lands. roads and trails are located in highly Meadows closure area. OHV use, and associated dispersed erodible granitic soils. OHV riders are camping, has increased tremendously in accessing these trails from both private Exceptions the past year in the Bunny Meadows and BLM-managed lands. One of the Exceptions to these closures and area resulting in a user-created OHV main access points is located on BLM- restrictions include emergency track (used to ride laps) within managed lands located off of Kane Creek personnel (law enforcement, fire, streamside Riparian Reserves of Forest road. medical), authorized BLM personnel Creek and immediately adjacent to The closures, located within the and persons authorized to access private homes on private land. Forest Creek is Timber Mountain OHV Area, have been lands and rights-of-way within the designated Coho Critical Habitat, and posted on the ground with signs. Maps closure boundary, any person traveling unmanaged OHV use and dispersed of the closures are available upon along Forest Creek County road in camping in streamside Riparian request in the office of the Bureau of accord with State and County rules Reserves in the Bunny Meadows area is Land Management, 3040 Biddle Road, (non-street legal motorized vehicles are contributing to increased sediment in Medford, Oregon. Maps of the closures not allowed on county roadways), Forest Creek. Coho salmon are listed as are also posted on BLM’s Web site: anyone who is off-loading OHVs in the a Threatened species under the http://www.blm.gov/or/districts/ designated parking area at Bunny Endangered Species Act. OHVs are also medford/recreation/ Meadows gravel stockpile area or crossing Forest Creek County Road timberedmountain.php. traveling in a motorized vehicle along along a curve with poor visibility in The BLM designated the 16,250-acre BLM road 38S–3W–14.0 to trails and order to access BLM-administered lands Timber Mountain OHV Area to provide roads located to the west of Bunny to the north of Bunny Meadows. for ‘‘limited’’ OHV use in the 1995 Meadows on BLM-administered lands, The BLM Medford District Office has Medford District Resource Management and any person who is off-loading OHVs closed about 1,524-acres of BLM- Plan (RMP). The Medford District BLM or traveling in a motorized vehicle along administered lands to OHVs in the is in the process of developing the BLM road 37S–3W–11.0 to trails and northeastern corner of the Timber Timber Mountain Off-highway Vehicle roads located on BLM-administered Mountain OHV Area. Closed lands Management Plan and Environmental lands southwest of the closure area. include portions of Sections 1, 2, 11, 12, Impact Statement to guide OHV use in and 13, T. 37 S., R. 3 W., and portions the area. Penalties of Sections 5, 6, 7, 8, and 17, T. 37 S., These closures and restrictions are On public lands subject to the Federal R. 2 W., W.M. The purpose of the necessary to protect the area’s natural closure is to protect soils, water, and Land Policy and Management Act of resources, provide for the public’s 1976, 43 U.S.C. 1701 et seq., any person fisheries resources that are being health and safety, and provide needed adversely impacted by OHV use. who violates this closure order may be guidance in the areas of camping, tried before a United States Magistrate Stream surveys were conducted on a occupancy, and recreation. The reach of Kane Creek in September 2005. and fined no more than $1,000 or authorities for these closures and imprisoned for no more than 12 months, Habitat conditions have changed restrictions are 43 CFR 8341.2(a), 43 substantially since the last survey in or both. 43 U.S.C. 1733(a); 43 CFR CFR 8360.0–7, and 43 CFR 8364.1. 8360.0–7. Such violations may also be 2001 and are declining. Kane Creek is Closures and restrictions for the above- identified as Critical Habitat for coho subject to the enhanced fines provided described public lands managed by the for by 18 U.S.C. 3571. salmon. Decomposed granitic sand BLM are as follows: accounts for 80–100% of all substrates On public lands in grazing districts in pool habitats, with deposits as much Definitions (see 43 U.S.C. 315a) and on public lands as 10 inches in depth observed. Many of Off Road Vehicle (ORV) or Off- leased for grazing under 43 U.S.C. the pools have accumulated so much highway Vehicle (OHV): These terms are 315m, any person who violates this sand that they no longer function as used interchangeably in this document. closure order may be tried before a pools. Decomposed granitic sand now ORV as defined by 43 CFR section United States Magistrate and fined no accounts for 70% of all substrates, 8340.0–5(a): ‘‘any motorized vehicle more than $500.00. Such violations may followed by cobble (13%) and boulder capable of, or designed for, travel on or also be subject to the enhanced fines (10%). Suitable aquatic habitat capable immediately over land, water, or other provided for by 18 U.S.C. 3571. of supporting populations of salmonids natural terrain, excluding: On public lands subject to a has been reduced in this section of Kane (1) Any nonamphibious registered conservation and rehabilitation program Creek due to the large accumulation of motorboat; implemented by the Secretary under 16 sand. The deposition of sediment (2) Any military, fire, emergency, or U.S.C. 670g et seq. (Sikes Act), any (granitic sand) throughout this reach is law enforcement vehicle while being person who violates this closure order so extensive that the reach is no longer used for emergency purposes; may be tried before a United States capable of storing any additional inputs. (3) Any vehicle whose use is Magistrate and fined no more than Any additional sediment inputs will be expressly authorized by the authorized $500.00 or imprisoned for no more than transported downstream to other aquatic officer, or otherwise officially approved; six months, or both. 16 U.S.C. 670j(a)(2). habitats and stored where conditions (4) Vehicles in official use; and Such violations may also be subject to

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the enhanced fines provided for by 18 the NW RAC at publicly announced MINNESOTA U.S.C. 3571. meetings of the full NW RAC. Dodge County John Gerritsma, Dated: November 2, 2007. Kasson Public School, 101 3rd Ave, NW, Field Manager, Ashland Resource Area, David Boyd, Kasson, 07001242. Medford District Bureau of Land Acting Glenwood Springs Field Manager, MONTANA Management. Lead Designated Federal Officer for the Musselshell County [FR Doc. E7–22170 Filed 11–9–07; 8:45 am] Northwest Colorado RAC. BILLING CODE 4310–33–P [FR Doc. 07–5598 Filed 11–9–07; 8:45 am] Roundup Central School, 600 1st St W, Roundup, 07001243. BILLING CODE 4310–JB–M NORTH DAKOTA DEPARTMENT OF THE INTERIOR Burleigh County DEPARTMENT OF INTERIOR Bureau of Land Management Camp Hancock, 101 Main Ave, Bismarck, [CO–140–08–1610–DP] National Park Service 07001244. [FR Doc. 07–5613 Filed 11–09–07; 8:45 am] Notice of Public Meeting, Northwest National Register of Historic Places; BILLING CODE 4312–51–M Colorado Resource Advisory Council Notification of Pending Nominations Subcommittees for the Kremmling and Related Actions Resource Management Plan Revision INTERNATIONAL TRADE AGENCY: Nominations for the following Bureau of Land Management, COMMISSION DOI. properties being considered for listing ACTION: Notice of Public Meeting. or related actions in the National Register were received by the National [USITC SE–07–024] SUMMARY: In accordance with the Park Service before October 27, 2007. Federal Land Policy and Management Pursuant to section 60.13 of 36 CFR part Government in the Sunshine Act Meeting Notice Act (FLPMA) and the Federal Advisory 60 written comments concerning the Committee Act of 1972 (FACA), the U.S. significance of these properties under Department of the Interior, Bureau of the National Register criteria for AGENCY HOLDING THE MEETING: United Land Management (BLM) Northwest evaluation may be forwarded by United States International Trade Commission. Colorado Resource Advisory Council States Postal Service, to the National TIME AND DATE: November 16, 2007 at 11 (RAC) Subcommittee on the Kremmling Register of Historic Places, National a.m. Resource Management Plan (RMP) Park Service, 1849 C St., NW., 2280, PLACE: Revision will meet as indicated below. Washington, DC 20240; by all other Room 101, 500 E Street SW., DATES: Nov. 27, 2007, from 5 p.m. to 7 carriers, National Register of Historic Washington, DC 20436, Telephone: p.m. Places, National Park Service, 1201 Eye (202) 205–2000. ADDRESSES: The Kremmling St., NW., 8th floor, Washington, DC STATUS: Open to the public. Subcommittee will meet at the 20005; or by fax, 202–371–6447. Written MATTERS TO BE CONSIDERED: Kremmling Field Office, 2103 E. Park or faxed comments should be submitted Ave., Kremmling, CO. by November 28, 2007. 1. Agenda for future meetings: None. FOR FURTHER INFORMATION CONTACT: Joe 2. Minutes. Stout, Lead Planner, 2103 E. Park Ave., J. Paul Loether, Kremmling, CO; telephone 970–724– Chief, National Register of Historic Places/ 3. Ratification List. 3003. National Historic Landmarks Program. 4. Inv. Nos. 701–TA–451 and 731– TA–1126–1128 (Preliminary) (Certain SUPPLEMENTARY INFORMATION: The DISTRICT OF COLUMBIA Northwest Colorado RAC advises the Lightweight Thermal Paper from China, Secretary of the Interior, through the District of Columbia Germany, and Korea)—briefing and Bureau of Land Management, on a Armed Forces Retirement Home— vote. (The Commission is currently variety of public land issues in Washington, 3700 N Capitol St, NW, scheduled to transmit its determinations northwestern Colorado. Two Washington, 07001237. to the Secretary of Commerce on or before November 27, 2007; subcommittees have been formed under ILLINOIS this RAC to advise it regarding the joint Commissioners’ opinions are currently Glenwood Springs and Kremmling Field Cook County scheduled to be transmitted to the Offices’ RMP Revisions. The individuals Secretary of Commerce on or before Lumber Exchange Building and Tower December 4, 2007.) on each subcommittee represent a broad Addition, 11 S LaSalle, Chicago, 07001238. range of interests and have specific West Burton Place Historic District, 143–161 5. Outstanding action jackets: None. knowledge of the Field Offices. The W Burton Pl, Chicago, 07001239. In accordance with Commission Glenwood Springs subcommittee is MASSACHUSETTS policy, subject matter listed above, not comprised of up to 14 individuals and disposed of at the scheduled meeting, will focus on all aspects of the Bristol County may be carried over to the agenda of the Glenwood Springs RMP Revision. The Spring Brook Cemetery, Spring St, Mansfield, following meeting. Kremmling Subcommittee is comprised 07001240. By order of the Commission. of 10 individuals who will focus specifically on travel management and Middlesex County Issued: November 6, 2007. recreation issues for the Kremmling Revere Beach Parkway—Metropolitan Park William R. Bishop, RMP Revision. Recommendations System of Greater Boston, (Metropolitan Hearings and Meetings Coordinator. developed by these subcommittees will Park System of Greater Boston MPS), [FR Doc. E7–22081 Filed 11–9–07; 8:45 am] be presented formally for discussion to Revere Beach Pkwy, Chelsea, 07001241. BILLING CODE 7020–02–P

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DEPARTMENT OF JUSTICE permitting electronic submission of DEPARTMENT OF JUSTICE responses. [OMB Number 1103–0096] Overview of This Information [OMB Number 1122–0006] Office of Community Oriented Policing Collection Services; Agency Information Office on Violence Against Women Collection Activities: Extension of a (1) Type of Information Collection: Agency Information Collection Previously Approved Collection, With Extension of a previously approved Activities: Revision of a Currently Change; Comments Requested collection, with change; comments Approved Collection requested. ACTION: 60-Day Notice of Information (2) Title of the Form/Collection: COPS ACTION: 60-Day Notice of Information Collection Under Review: COPS Application Guide. Collection Under Review: Semi-Annual Application Guide. Progress Report for the Grants To (3) Agency Form Number, if any, and Encourage Arrest Policies and The Department of Justice (DOJ) the applicable component of the Enforcement of Protection Orders Office of Community Oriented Policing Department sponsoring the collection: Program. Services (COPS), will be submitting the None. U.S. Department of Justice Office following information collection request of Community Oriented Policing The Department of Justice, Office on to the Office of Management and Budget Services. Violence Against Women (OVW) will be (OMB) for review and approval in (4) Affected public who will be asked submitting the following information accordance with the Paperwork or required to respond, as well as a brief collection request to the Office of Reduction Act of 1995. The extension of abstract: Primary: Law enforcement Management and Budget (OMB) for a previously approved information agencies and other public and private review and approval in accordance with collection is published to obtain entities that apply for COPS Office the Paperwork Reduction Act of 1995. comments from the public and affected grants or cooperative agreements will be Comments are encouraged and will be agencies. asked to review the COPS Application accepted for ‘‘sixty days’’ until January The purpose of this notice is to allow Guide. The COPS Application Guide 14, 2008. This process is conducted in for 60 days for public comment until provides instructions for all applicants accordance with 5 CFR 1320.10. January 14, 2008. This process is and is the result of a COPS Office Written comments and/or suggestions conducted in accordance with 5 CFR business process reengineering effort regarding the items contained in this 1320.10. aimed at standardization as required notice, especially the estimated public If you have comments especially on under the grant streamlining burden and associated response time, the estimated public burden or requirements of Public Law 106–107, should be directed to The Office of associated response time, suggestions, the Federal Financial Assistance Management and Budget, Office of or need a copy of the proposed Management Improvement Act of 1999, Information and Regulatory Affairs, information collection instrument with as well as the President’s Management Attention Department of Justice Desk instructions or additional information, Agenda E-grants Initiative. This Officer, Washington, DC 20503. please contact Rebekah Dorr, collection combines the previously Additionally, comments may be Department of Justice Office of approved collection COPS Application submitted to OMB via facsimile to (202) Community Oriented Policing Services, Guide: Targeted/Invited Programs 395–5806. 1100 Vermont Avenue, NW., (1103–0096) with the collection COPS Written comments and suggestions Washington, DC 20530. Application Guide: Open/Competitive from the public and affected agencies Written comments and suggestions Programs (1103–0095). concerning the proposed collection of from the public and affected agencies (5) An estimate of the total number of information are encouraged. Your concerning the proposed collection of respondents and the amount of time comments should address one or more information are encouraged. Your estimated for an average respondent to of the following four points: comments should address one or more respond/reply: It is estimated that 6,200 (1) Evaluate whether the proposed of the following four points: respondents annually will complete the collection of information is necessary —Evaluate whether the proposed form within 1 hour. for the proper performance of the collection of information is necessary (6) An estimate of the total public functions of the agency, including for the proper performance of the burden (in hours) associated with the whether the information will have functions of the agency, including collection: There are an estimated 6,200 practical utility; whether the information will have total annual burden hours associated (2) Evaluate the accuracy of the practical utility; with this collection. agency’s estimate of the burden of the proposed collection of information, —Evaluate the accuracy of the agency’s If additional information is required including the validity of the estimate of the burden of the contact: Lynn Bryant, Department methodology and assumptions used; proposed collection of information, Clearance Officer, United States (3) Enhance the quality, utility, and including the validity of the Department of Justice, Justice clarity of the information to be methodology and assumptions used; Management Division, Policy and collected; and —Enhance the quality, utility, and Planning Staff, Patrick Henry Building, clarity of the information to be Suite 1600, 601 D Street NW., (4) Minimize the burden of the collected; and Washington, DC 20530. collection of information on those who —Minimize the burden of the collection are to respond, including through the of information on those who are to November 6, 2007. use of appropriate automated, respond, including through the use of Lynn Bryant, electronic, mechanical, or other appropriate automated, electronic, Department Clearance Officer, PRA, technological collection techniques or mechanical, or other technological Department of Justice. other forms of information technology, collection techniques or other forms [FR Doc. E7–22075 Filed 11–9–07; 8:45 am] e.g., permitting electronic submission of of information technology, e.g., BILLING CODE 4410–AT–P responses.

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Overview of This Information developing a protection order registry, concerning the proposed collection of Collection and the different types of grantees that information are encouraged. Your (1) Type of Information Collection: receive funds, i.e. law enforcement comments should address one or more Revision of a currently approved agencies, prosecutors’ offices, courts, of the following four points: collection. victim services agencies, etc. An Arrest (1) Evaluate whether the proposed (2) Title of the Form/Collection: Semi- Program grantee will only be required to collection of information is necessary Annual Progress Report for Grants to complete those sections of the form that for the proper performance of the Encourage Arrest Policies and pertain to their own specific activities. functions of the agency, including (6) An estimate of the total public Enforcement of Protection Orders whether the information will have burden (in hours) associated with the Program. practical utility; collection: The total annual hour burden (3) Agency Form Number, if any, and (2) Evaluate the accuracy of the to complete the data collection forms is the applicable component of the agency’s estimate of the burden of the 400 hours, that is 200 grantees Department of Justice sponsoring the proposed collection of information, completing a form twice a year with an collection: Form Number: 1122–0006. including the validity of the estimate completion time for the form U.S. Department of Justice, Office on methodology and assumptions used; being one hour. (3) Enhance the quality, utility, and Violence Against Women. If additional information is required clarity of the information to be (4) Affected public who will be asked contact: Lynn Bryant, Department collected; and or required to respond, as well as a brief Clearance Officer, United States (4) Minimize the burden of the abstract: The affected public includes Department of Justice, Justice collection of information on those who the approximately 200 grantees of the Management Division, Policy and are to respond, including through the Grants to Encourage Arrest Policies and Planning Staff, Suite 1600, Patrick use of appropriate automated, Enforcement of Protection Orders Henry Building, 601 D Street, NW., electronic, mechanical, or other Program (Arrest Program) whose Washington, DC 20530. technological collection techniques or eligibility is determined by statute. The other forms of information technology, Arrest Program was authorized through Dated: November 6, 2007. Lynn Bryant, e.g., permitting electronic submission of the Violence Against Women Act responses. (VAWA) and reauthorized and amended Department Clearance Officer, PRA, United by the Violence Against Women Act of States Department of Justice. Overview of This Information 2000 (VAWA 2000) and by the Violence [FR Doc. E7–22076 Filed 11–9–07; 8:45 am] Collection Against Women Act of 2005 (VAWA BILLING CODE 4410–FX–P (1) Type of Information Collection: 2005). The Arrest Program promotes New Collection. mandatory or pro-arrest policies and (2) Title of the Form/Collection: Semi- DEPARTMENT OF JUSTICE encourages jurisdictions to treat Annual Progress Report for Grants to domestic violence and sexual assault as [OMB Number 1122–NEW] Indian Tribal Governments Program. a serious crime, establish coordinated (3) Agency Form Number, if any, and community responses and facilitate the Office on Violence Against Women; the applicable component of the enforcement of protection orders. By Agency Information Collection Department of Justice sponsoring the statute, eligible grantees for the Arrest Activities: New Collection collection: Form Number: None. U.S. Program are States, Indian tribal Department of Justice, Office on ACTION: 60-Day Notice of Information governments, State and local courts Violence Against Women. including juvenile courts, tribal courts, Collection Under Review: Semi-Annual (4) Affected public who will be asked and units of local government. For the Progress Report for the Grants to Indian or required to respond, as well as a brief purpose of this Program, a unit of local Tribal Governments Program. abstract: The affected public includes government is any city, county, The Department of Justice, Office on the approximately 85 grantees of the township, town, borough, parish, Violence Against Women (OVW) will be Grants to Indian Tribal Governments village, or other general-purpose submitting the following information Program (Tribal Governments Program), political subdivision of a State; an collection request to the Office of a new grant program authorized by the Indian tribe that performs law Management and Budget (OMB) for Violence Against Women Act of 2005. enforcement functions as determined by review and approval in accordance with This discretionary grant program is the Secretary of Interior; or, for the the Paperwork Reduction Act of 1995. designed to enhance the ability of tribes purpose of assistance eligibility, any Comments are encouraged and will be to respond to violent crimes against agency of the District of Columbia accepted for ‘‘sixty days’’ until January Indian women, enhance victim safety, government or the United States 14, 2008. This process is conducted in and develop education and prevention Government performing law accordance with 5 CFR 1320.10. strategies. Eligible applicants are enforcement functions in and for the Written comments and/or suggestions recognized Indian tribal governments or District of Columbia, and any Trust regarding the items contained in this their authorized designees. Territory of the U.S. notice, especially the estimated public (5) An estimate of the total number of (5) An estimate of the total number of burden and associated response time, respondents and the amount of time respondents and the amount of time should be directed to The Office of estimated for an average respondent to estimated for an average respondent to Management and Budget, Office of respond/reply: It is estimated that it will respond: It is estimated that it will take Information and Regulatory Affairs, take the approximately 85 respondents the 200 respondents (Arrest Program Attention Department of Justice Desk (Tribal Governments Program grantees) grantees) approximately one hour to Officer, Washington, DC 20503. approximately one hour to complete a complete a semi-annual progress report. Additionally, comments may be semi-annual progress report. The semi- The semi-annual progress report is submitted to OMB via facsimile to (202) annual progress report is divided into divided into sections that pertain to the 395–5806. sections that pertain to the different different types of activities that grantees Written comments and suggestions types of activities in which grantees may engage in, i.e. training or from the public and affected agencies may engage. A Tribal Governments

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Program grantee will only be required to comments should reference the OMB DEPARTMENT OF LABOR complete the sections of the form that Control Number (see below). [TA–W–61,897] pertain to its own specific activities. The OMB is particularly interested in (6) An estimate of the total public comments which: Employment and Training burden (in hours) associated with the • Evaluate whether the proposed Administration collection: The total annual hour burden collection of information is necessary to complete the data collection forms is for the proper performance of the Management Business Solutions, LLC, 170 hours, that is 85 grantees functions of the agency, including Applications Support Department, Fort completing a form twice a year with an whether the information will have Collins, Colorado; Notice of Negative estimated completion time for the form practical utility; Determination Regarding Application being one hour. • Evaluate the accuracy of the for Reconsideration If additional information is required contact: Lynn Bryant, Department agency’s estimate of the burden of the By application dated October 17, Clearance Officer, United States proposed collection of information, 2007, workers requested administrative Department of Justice, Justice including the validity of the reconsideration of the Department’s Management Division, Policy and methodology and assumptions used; negative determination regarding • Planning Staff, Suite 1600, Patrick Enhance the quality, utility, and eligibility for workers and former Henry Building, 601 D Street, NW., clarity of the information to be workers of Management Business Washington, DC 20530. collected; and Solutions, LLC, Applications Support • Minimize the burden of the Dated: November 6, 2007. Department, Fort Collins, Colorado collection of information on those who Lynn Bryant, (subject firm) to apply for Trade are to respond, including through the Adjustment Assistance (TAA) and Department Clearance Officer, PRA, United use of appropriate automated, States Department of Justice. Alternative Trade Adjustment electronic, mechanical, or other Assistance (ATAA). The determination [FR Doc. E7–22078 Filed 11–9–07; 8:45 am] technological collection techniques or was issued on September 6, 2007. The BILLING CODE 4410–FX–P other forms of information technology, Notice of determination was published e.g., permitting electronic submission of in the Federal Register on September responses. 21, 2007 (72 FR 54076). DEPARTMENT OF LABOR Agency: Employment and Training The worker-filed TAA/ATAA petition Office of the Secretary Administration. was denied because the subject firm Type of Review: Revision of a does not produce an article within the Submission for OMB Review: currently approved collection.* meaning of section 222(a)(2) of the Act. Comment Request Title: Benefits Timeliness and Quality The determination stated that, because Review System. the workers did not produce an article, October 26, 2007. OMB Control Number: 1205–0359. and did not support a firm or The Department of Labor (DOL) Form Numbers: ETA–9050; ETA; appropriate subdivision that produced hereby announces the submission the 9051; ETA–9052; ETA–9054; ETA–9055; an article domestically, the workers following public information collection cannot be considered import impacted request (ICR) to the Office of ETA–9056; and ETA–9057 (*the previously used Form ETA–9053 is or affected by a shift of production Management and Budget (OMB) for abroad. Workers are engaged in support review and approval in accordance with being eliminated). Affected Public: State Governments. of internal business applications for the the Paperwork Reduction Act of 1995 subject firm’s clients. (Pub. L. 104–13, 44 U.S.C. chapter 35). Estimated Number of Respondents: Pursuant to 29 CFR 90.18(c), A copy of this ICR, with applicable 53. administrative reconsideration may be supporting documentation; including Estimated Total Annual Burden granted if: among other things a description of the Hours: 37,532. (1) It appears on the basis of facts not likely respondents, proposed frequency Estimated Total Annual Costs Burden: previously considered that the of response, and estimated total burden $0. determination complained of was may be obtained from the RegInfo.gov Description: The information erroneous; Web site at http://www.reginfo.gov/ collected under the Benefits Timeliness (2) it appears that the determination public/do/PRAMain or by contacting and Quality (BTQ) Review System and complained of was based on a mistake Darrin King on 202–693–4129 (this is associated forms (see above) is one of in the determination of facts not not a toll-free number)/e-mail: the primary means used by the previously considered; or [email protected]. Department to assess state (3) in the opinion of the Certifying Interested parties are encouraged to Unemployment Insurance (UI) program Officer, a misinterpretation of facts or of send comments to the Office of performance levels and to ensure that the law justified reconsideration of the Information and Regulatory Affairs, the Secretary’s oversight responsibilities decision. Attn: Katherine Astrich, OMB Desk for determining the proper and efficient The request for reconsideration Officer for the Employment and administration of the UI program are alleges that (1) the subject firm shifted Training Administration (ETA), Office carried out pursuant to the Social production of an article (‘‘application of Management and Budget, Room Security Act Title III, section 303(a)(1). management service’’) overseas and (2) 10235, Washington, DC 20503, State Workforce Agencies also use the consulting firms, such as the subject Telephone: 202–395–7316 / Fax: 202– BTQ performance measures for their firm, are covered by the Trade Act 395–6974 (these are not a toll-free internal UI program assessment. because it ‘‘does not differentiate numbers), E-mail: between types of businesses that it [email protected] within Darrin A. King, covers.’’ 30 days from the date of this publication Acting Departmental Clearance Officer. It is the Department’s policy that the in the Federal Register. In order to [FR Doc. E7–22080 Filed 11–9–07; 8:45 am] subject firm must produce an article ensure the appropriate consideration, BILLING CODE 4510–FW–P domestically. The Department’s policy

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is supported by current regulation. 29 The Department operates the program of the Trade Act of 1974, the worker CFR section 90.11(c)(7) requires that the in accordance with current law, and group seeking certification (or on whose petition includes a ‘‘description of the while the Department has discretion to behalf certification is being sought) articles produced by the workers’ firm issue regulations and guidance on the must work for a firm or appropriate or appropriate subdivision, the operation of a program that it is charged subdivision that produces an article and production or sales of which are with implementing, the Department there must be a relationship between the adversely affected by increased imports, cannot expand the program to include workers’ work and the article produced and a description of the imported workers that Congress did not intend to by the workers’ firm or appropriate articles concerned. If available, the cover. subdivision that produces an article petition should also include information In 2002, while amending the Trade domestically. concerning the method of manufacture, Act, the Senate explained the purpose After careful review of the request for end uses, and wholesale or retail value and history of TAA: reconsideration and previously of the domestic articles produced and Since it began, TAA for workers has submitted materials, the Department the United States tariff provision under covered mostly manufacturing workers, with determines that there is no new which the imported articles are a substantial portion of program participants information that supports a finding that classified.’’ being steel and automobile workers in the section 222(a)(2) of the Trade Act of In order to determine whether the mid- to late-1970s to early 1980s, and light subject firm is a manufacturing firm, the industry and apparel workers in the mid- to 1974 was satisfied and that there was no Department consulted the Web site for late-1990s. In fiscal years 1995 through 1999, mistake or misinterpretation of the facts the North American Industry the estimated number of workers covered by or the law. Classification System (NAICS). The certifications under the two TAA for workers programs averaged 167,000 annually, Conclusion NAICS Web site (http://www.naics.com/ reaching a high of about 228,000 in 1999, faq.htm#q1) states that ‘‘The North despite a falling overall unemployment rate. After review of the application and American Industry Classification During the same period, approximately 784 investigative findings, I conclude that System * * * was developed as the firms were certified under the TAA for firms there has been no error or standard for use by Federal statistical program. Participating firms represent a misinterpretation of the law or of the agencies in classifying business broad array of industries producing facts which would justify establishments for the collection, manufactured products, including auto parts, reconsideration of the Department of analysis, and publication of statistical agricultural equipment, electronics, jewelry, Labor’s prior decision. Accordingly, the data related to the business economy of circuit boards, and textiles, as well as some application is denied. producers of agricultural and forestry the U.S.’’ The NAICS designation products. Signed at Washington, DC this 5th day of identifies the primary activity of the November 2007. company, which is useful in S. Rep. 107–134, S. Rep. No. 134, 107th Elliott S. Kushner, understanding what a firm does for its Cong., 2nd Sess. 2002, 2002 WL 221903 customers, which, in turn, aids in (February 4, 2002)(emphasis added). Certifying Officer, Division of Trade determining whether a firm produces an Clearly, the language suggests that the Adjustment Assistance. article or provides services for its focus of TAA is the manufacture of [FR Doc. E7–22062 Filed 11–9–07; 8:45 am] customers. marketable goods. BILLING CODE 4510–FN–P The subject firm is categorized in Congress has recognized the NAICS subsection 541611 difference between manufacturers and (‘‘Administrative Management and service firms and that an amendment to DEPARTMENT OF LABOR General Management Consulting the Trade Act is needed to cover Services’’). This category consists of workers in service firms. It has recently Employment and Training ‘‘establishments primarily engaged in rejected at least two attempts to amend Administration providing operating advice and the Trade Act to expand TAA coverage assistance to businesses and other to service firms. It did not pass the [TA–W–62,322] organizations on administrative ‘‘Trade Adjustment Assistance Equity management issues, such as financial for Service Workers Act of 2005’’ or the Precision Industries Fayetteville, AR; planning and budgeting, equity and ‘‘Fair Wage, Competition, and Notice of Termination of Investigation asset management, records management, Investment Act of 2005.’’ Most recently, office planning, strategic and Senator Baucus introduced the ‘‘Trade Pursuant to Section 221 of the Trade organizational planning, site selection, and Globalization Adjustment Act of 1974, as amended, an new business startup, and business Assistance Act of 2007’’ which provides investigation was initiated on October process improvement’’ and includes for an expansion of coverage to workers 23, 2007 in response to a worker ‘‘establishments of general management in a ‘‘service sector firm’’ when there are petition filed by an official of the United consultants that provide a full range of increased imports of services like or Auto Workers on behalf of workers at administrative; human resource; directly competitive with articles Precision Industries, Fayetteville, marketing; process, physical produced or services provided in the Arkansas. distribution, and logistics; or other United States, or a shift in provision of The petitioner has requested that the management consulting services to like or directly competitive articles or petition be withdrawn. Consequently, clients.’’ services to a foreign country, and the investigation has been terminated. After careful review of the request for Congressman Rangel introduced a Signed at Washington, DC, this 5th day of reconsideration and previously similar bill in the House of November, 2007. submitted information, the Department Representatives that was discussed in determines that the subject firm is a late October 2007. Elliott S. Kushner, service firm and not a manufacturing Until Congress amends the Trade Act Certifying Officer, Division of Trade firm. As a corollary, the Department to cover service workers, in order to be Adjustment Assistance. determines that there was no shift of considered eligible to apply for [FR Doc. E7–22058 Filed 11–9–07; 8:45 am] production abroad. adjustment assistance under section 223 BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR September 21, 2007; and ‘‘Solutia opens Signed at Washington, DC this 1st day of Saflex plant in China,’’ September 21, November 2007. Employment and Training 2007) and a document titled Elliott S. Kushner, Administration ‘‘Krummrich Products and Certifying Officer, Division of Trade [TA–W–61,960] Applications’’ that identifies several Adjustment Assistance. chemicals and their applications. [FR Doc. E7–22060 Filed 11–9–07; 8:45 am] Solutia, Inc., Sauget, IL; Notice of BILLING CODE 4510–FN–P The worker also submitted an article Negative Determination Regarding (‘‘Costello Announces Benefits for Application for Reconsideration Solutia, Inc. Workers,’’ released June 4, DEPARTMENT OF LABOR By application dated October 16, 2004 by Congressman Jerry F. Costello, 2007, a worker requested administrative 12th District, Illinois) that explains the Employment and Training reconsideration of the Department’s assertion in the request for Administration negative determination regarding reconsideration. eligibility for workers and former [TA–W–61,881] Pursuant to 29 CFR 90.18(c), workers of Solutia, Inc., Sauget, Illinois administrative reconsideration may be Southern Weaving Company, Tarboro (subject firm) to apply for Trade Plant 5, Tarboro, NC; Notice of Adjustment Assistance (TAA) and granted under the following circumstances: Negative Determination Regarding Alternative Trade Adjustment Application for Reconsideration Assistance (ATAA). The negative (1) If it appears on the basis of facts determination was issued on September not previously considered that the By letter dated October 1, 2007, a 18, 2007, and the Department’s Notice determination complained of was company official requested of negative determination was erroneous; administrative reconsideration published in the Federal Register on (2) if it appears that the determination regarding the Department’s Negative October 3, 2007 (72 FR 56385). The complained of was based on a mistake Determination Regarding Eligibility to subject workers produce chemicals in the determination of facts not Apply for Worker Adjustment (phosphorous pentasulfide, santoflexes, previously considered; or Assistance, applicable to the workers of and ACL). Workers are not separately the subject firm. The denial notice was identifiable by product line. (3) if in the opinion of the Certifying published in the Federal Register on The TAA/ATAA petition was denied Officer, a mis-interpretation of facts or October 3, 2007 (72 FR 56385). because the subject firm did not of the law justified reconsideration of Pursuant to 29 CFR 90.18(c) separate or threaten to separate a the decision. reconsideration may be granted under significant number or proportion of The TAA certification alluded to in the following circumstances: workers as required by section 222 of the request for reconsideration is (1) If it appears on the basis of facts the Trade Act of 1974. Significant Solutia, Inc., Sauget, Illinois (TA–W– not previously considered that the number or proportion of the workers in 54,902; covering subject firm workers determination complained of was a firm or appropriate subdivision means separated on or after May 11, 2003 erroneous; at least three workers in a workforce of (2) if it appears that the determination through May 28, 2006). Because the fewer than 50 workers, five percent of complained of was based on a mistake certification for TA–W–54,902 has the workers in a workforce of over 50 in the determination of facts not expired, facts which were the basis for workers, or at least 50 workers. previously considered; or In the request for reconsideration, the the certification applicable to workers (3) if in the opinion of the Certifying worker asserted that the Department’s covered by that petition cannot be a Officer, a mis-interpretation of facts or determination was erroneous (‘‘My basis for certification for workers of the law justified reconsideration of congressman Jerry Costello (D–IL) covered by this petition. the decision. received confirmation from the U.S. After careful review of the request for The initial investigation resulted in a Department of Labor for all workers of reconsideration, the support negative determination signed on Solutia, Inc., Sauget, IL who become documentation, and previously September 21, 2007 was based on the separated from employment to receive submitted materials, the Department finding that imports of tie down and additional unemployment benefits, job determines that there is no new tubular webbing did not contribute training, and other services’’). The information that supports a finding that importantly to worker separations at the request included news articles about section 222 of the Trade Act of 1974 was subject plant and no shift of production Solutia’s foreign operations (‘‘Solutia satisfied and that no mistake or to a foreign source occurred. The starts building new plant in China,’’ misinterpretation of the facts or of the ‘‘contributed importantly’’ test is September 1, 2005; ‘‘Solutia Begins law with regards to the number or generally demonstrated through a Construction of New Saflex (R) PVB proportion of workers separated from survey of the workers’ firm’s declining Plant in China,’’ September 1, 2005; the subject firm during the relevant customers. The survey revealed ‘‘Solutia unit expands manufacturing in period. negligible declining imports of tie down China,’’ September 20, 2005; ‘‘Solutia and tubular webbing as reported by Expands Therminol Manufacturing in Conclusion major declining customers during the China,’’ September 20, 2005; ‘‘Solutia relevant period. The subject firm did not completes buyout of Mexican plant, After review of the application and import tie down and tubular webbing. plans expansion,’’ March 2, 2006; investigative findings, I conclude that The petitioner states that the affected ‘‘Solutia boosts manufacturing there has been no error or workers lost their jobs as a direct result capacity,’’ June 21, 2006; ‘‘Solutia starts misinterpretation of the law or of the of a loss of customers and alleges that Belgian plant expansion,’’ March 26, facts which would justify the customers ‘‘are getting their orders 2007; ‘‘Solutia Expands Presence in reconsideration of the Department of from some other country.’’ China by Opening New Saflex Labor’s prior decision. Accordingly, the The Department conducted an Manufacturing Plant in Suzhou,’’ application is denied. additional investigation to determine

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whether imports of tie down and The petitioner has requested that the NATIONAL SCIENCE FOUNDATION tubular webbing indeed impacted petition be withdrawn. Consequently, production at the subject firm and the investigation has been terminated. Agency Information Collection consequently caused workers Further investigation in this case would Activities: Comment Request separations. Upon further review of the serve no purpose. AGENCY: National Science Foundation. previous investigation the Department Signed at Washington, DC, this 5th day of ACTION: Submission for OMB Review; contacted the major declining customer November, 2007. Comment Request. of the subject firm, which initially Elliott S. Kushner, reported negligible increases in imports Certifying Officer, Division of Trade SUMMARY: The National Science of tie down and tubular webbing. This Adjustment Assistance. Foundation (NSF) has submitted the customer reported that the imports they [FR Doc. E7–22061 Filed 11–9–07; 8:45am] following information collection are buying are not like or directly BILLING CODE 4510–FN–P requirement to OMB for review and competitive with the tie down and clearance under the Paperwork tubular webbing previously purchased Reduction Act of 1995, Pub. L. 104–13. from the subject firm. The customer This is the second notice for public imports final products, which contain NATIONAL CREDIT UNION comment; the first was published in the tie down and tubular webbing as ADMINISTRATION Federal Register at 72 FR 11912, and no components. comments were received. NSF is In order to establish import impact, Sunshine Act; Notice of Meeting forwarding the proposed renewal the Department must consider imports submission to the Office of Management TIME AND DATE: 10 a.m., Thursday, that are like or directly competitive with and Budget (OMB) for clearance November 15, 2007. those produced at the subject firm. The simultaneously with the publication of Department conducted a survey of the PLACE: Board Room, 7th Floor, Room this second notice. The full submission subject firm’s major declining customers 7047, 1775 Duke Street, Alexandria, VA may be found at: http:// regarding their purchases of tie down 22314–3428. www.reginfo.gov/public/do/PRAMain. and tubular webbing during 2005, 2006 STATUS: Open. Comments regarding (a) whether the and January through June 2007 over the MATTERS TO BE CONSIDERED: collection of information is necessary corresponding 2006 period. The survey 1. Request from Shell New Orleans for the proper performance of the revealed that the declining customers Federal Credit Union to Convert to a functions of the agency, including did not import tie down and tubular Community Charter. whether the information will have webbing during the relevant period. 2. NCUA’s 2008 Annual Performance practical utility; (b) the accuracy of the Conclusion Budget. agency’s estimate of burden including 3. NCUA’s 2008/2009 Operating the validity of the methodology and After review of the application and Budget. assumptions used; (c) ways to enhance investigative findings, I conclude that 4. NUCA’s Overhead Transfer Rate. the quality, utility and clarity of the there has been no error or 5. NCUA’s Operating Fee Scale. information to be collected; or (d) ways misinterpretation of the law or of the 6. Final Rule: Section 701.23 of to minimize the burden of the collection facts which would justify NCUA’s Rules and Regulations, Eligible of information on those who are to reconsideration of the Department of Obligations. respond, including through the use of Labor’s prior decision. Accordingly, the RECESS: 11 a.m. appropriate automated, electronic, application is denied. mechanical, or other technological TIME AND DATE: 11:15 a.m., Thursday, collection techniques or other forms of Signed in Washington, DC this 31st day of November 15, 2007. October 2007. information technology should be PLACE: Elliott S. Kushner, Board Room, 7th Floor, Room addressed to: Office of Information and 7047, 1775 Duke Street, Alexandria, VA Certifying Officer, Division of Trade Regulatory Affairs of OMB, Attention: Adjustment Assistance. 22314–3428. Desk Officer for National Science [FR Doc. E7–22059 Filed 11–9–07; 8:45 am] STATUS: Closed. Foundation, 725–17th Street, NW., BILLING CODE 4510–FN–P MATTERS TO BE CONSIDERED: Room 10235, Washington, DC 20503, 1. One (1) Administrative Action and to Suzanne Plimpton, Reports under Sections 205, 207, and 208 of the Clearance Officer, National Science DEPARTMENT OF LABOR Federal Credit Union Act. Closed Foundation, 4201 Wilson Boulevard, pursuant to Exemptions (8), (9)(A)(ii), Suite 295, Arlington, Virginia 22230 or Employment and Training and (9)(B). send e-mail to [email protected]. Administration 2. One (1) Administrative Action Comments regarding these information under Sections 206 and 208 of the collections are best assured of having [TA–W–62,161] Federal Credit Union Act. Closed their full effect if received within 30 days of this notification. Copies of the Tifton Aluminum Company, a pursuant to Exemptions (8), (9)(A)(ii), submission(s) may be obtained by Subsidiary of ALCOA, Inc., Tifton, GA; and (9)(B). calling 703–292–7556. Notice of Termination of Investigation 3. One (1) Personnel Matter. Closed pursuant to Exemptions (2). FOR FURTHER INFORMATION CONTACT: Pursuant to section 221 of the Trade FOR FURTHER INFORMATION CONTACT: Suzanne Plimpton at (703) 292–7556 or Act of 1974, as amended, an Mary Rupp, Secretary of the Board, send e-mail to [email protected]. investigation was initiated on Telephone: 703–518–6304. Individuals who use a September 19, 2007 in response to a telecommunications device for the deaf petition filed by a company official on Mary Rupp, (TDD) may call the Federal Information behalf of workers of Tifton Aluminum Secretary of the Board. Relay Service (FIRS) at 1–800–877–8339 Company, a subsidiary of Alcoa, Inc., [FR Doc. 07–5650 Filed 11–8–07; 3:11 pm] between 8 a.m. and 8 p.m., Eastern time, Tifton, Georgia. BILLING CODE 7535–01–M Monday through Friday.

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NSF may not conduct or sponsor a Estimate of Burden: Public reporting towers, including the alternate cooling collection of information unless the burden for this collection of information system, has been completed by the collection of information displays a is estimated to average 30 minutes per licensee; reviewed and approved by currently valid OMB control number response. NRC; and until the above steps (1) and and the agency informs potential Respondents: Individuals. (2) have been completed; and (4) NRC persons who are to respond to the Estimated Number of Responses: 765. investigation and determination of collection of information that such Estimated Total Annual Burden on whether or not similar non-conforming persons are not required to respond to Respondents: 387 hours. conditions and causes exist at other the collection of information unless it Frequency of Response: Once. Entergy-run nuclear power plants. displays a currently valid OMB control Dated: November 7, 2007. As a basis for the request, the petition number. Suzanne H. Plimpton, cited problems related to the inadequate SUPPLEMENTARY INFORMATION: Reports Clearance Officer, National Science performance of Vermont Yankee Title of Collection: Evaluation of the Foundation. Inservice Inspection, Maintenance, Engineering, and Quality Assurance National Science Foundation-National [FR Doc. 07–5629 Filed 11–9–07; 8:45 am] Institutes for Health Bioengineering and leading to a cooling tower cell collapse BILLING CODE 7555–01–M Bioinformatics Summer Institutes coupled with the employees’ assertion (BBSI) Program. of degrading plant conditions inimical OMB Number: 3145–NEW. to public health. Abstract: The National Science NUCLEAR REGULATORY The request is being treated pursuant Foundation (NSF) and the National COMMISSION to Title 10 of the Code of Federal Institute of Bioinformatics and [Docket No. 50–271; License No. DPR–28] Regulations (10 CFR) section 2.206 of Bioengineering (NIBIB), a new the Commission’s regulations. The component of the National Institutes of Entergy Nuclear Vermont Yankee, LLC request has been referred to the Director Health, established a jointly funded and Entergy Nuclear Operations, Inc.; of the Office of Nuclear Reactor program run by NSF called the Receipt of Request for Action Under 10 Regulation. As provided by 10 CFR Bioengineering and Bioinformatics CFR 2.206 2.206, appropriate action will be taken Summer Institutes (BBSI) Program to on this petition within a reasonable Notice is hereby given that by petition begin creating a supply of professionals time. Mr. Raymond Shadis, in his trained in bioengineering and dated August 27, 2007, the New capacity as the petitioner’s Staff bioinformatics. This workforce initiative England Coalition (NEC or the Technical Advisor, participated in two complements research and education petitioner) has requested that the telephone conference calls with the efforts in these fields funded by both Nuclear Regulatory Commission (NRC NRC’s Petition Review Board (PRB) on agencies and constitutes a high profile or the Commission) take action with September 12, 2007, and October 3, effort to meet the anticipated human regard to the Vermont Yankee Nuclear 2007, to discuss the petition and resource needs for bioengineering and Power Station (Vermont Yankee). The provide any additional explanation in bioinformatics. NEC petition requested that NRC light of the PRB’s initial The program is designed to provide promptly restore reasonable assurance recommendation. The results of those students majoring in the biological of adequate protection of public health discussions were considered in the sciences, computer sciences, and safety that is now degraded by the PRB’s determination regarding the engineering, mathematics, and physical failure of the licensee and its employees petitioner’s request for action and in sciences with well-planned to report adverse conditions leading to establishing the schedule for the review interdisciplinary experiences in a reduction in plant safety margins at of the petition. The PRB confirmed its bioengineering or bioinformatics the Vermont Yankee Nuclear Power initial recommendation to reject action research and education, in very active Station (Vermont Yankee), or otherwise items (1), (2), and (4), which are the ‘Summer Institutes’; thereby increasing to order a derate or shutdown of diagnostic evaluation team examination, the number of young people considering Vermont Yankee until it can be safety culture assessment, and the NRC careers in bioengineering and determined to what extent Vermont investigation at other Entergy facilities. bioinformatics at the graduate level and Yankee is being operated in an These action items were rejected for beyond. unanalyzed condition. Specifically, the review under the 2.206 process because NIBIB and NSF’s Division of petition requested the following actions: these actions are not enforcement- Engineering Education and Centers (1) NRC completion of a Diagnostic related. However, the PRB has (EEC) wish to learn whether the BBSI Evaluation Team examination or determined that the petition meets the Program as originally conceived is Independent Safety Assessment of criteria for review in Management achieving its objectives and program- Vermont Yankee to determine the extent Directive 8.11 with respect to a portion level outcomes, and to collect lessons of condition of non-conformances, of action item (3). Specifically, the PRB learned for improvement of program reportable items, hazards to safety, and found that the facts presented in the design and implementation. This short- the root causes thereof; (2) NRC petition related to the cooling tower cell term evaluation is expected to provide completion of a safety culture collapse in action (3) were credible and information on what educational and assessment to determine why worker sufficient to warrant further inquiry. career decisions have been affected by safety concerns were not previously A copy of the petition and participation in a Summer Institute, reported and why assessments of safety supplement and the transcripts of the what elements of the students’ BBSI culture under the Reactor Oversight telephone conference calls are available affect student outcomes, and how the Process failed to capture the fact or for inspection at the Commission’s program can be improved, e.g., through reasons that safety concerns have gone Public Document Room (PDR), located changes in specific program-wide unreported; (3) derate Vermont Yankee at One White Flint North, Public File design components, expected outcomes, to 50% of licensed thermal power with Area O1 F21, 11555 Rockville Pike (first proposal review criteria, etc. The survey a mandatory hold at 50% until a floor), Rockville, Maryland and from the data collection will be done on the thorough and detailed structural and NRC’s Agencywide Documents Access World Wide Web. performance analysis of the cooling and Management System (ADAMS)

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Public Electronic Reading Room on the The Ambrosia Lake site is in the estimates that up to 3 million cubic Internet at the NRC Web site, http:// Ambrosia Lake mining district of New yards of materials will be excavated, www.nrc.gov/reading-rm/adams.html Mexico, 25 miles north of Grants, New hauled, and compacted as part of this (ADAMS Accession Nos. ML072420194, Mexico. Rio Algom began processing ore action. The reclamation of the expanded ML072780363, ML072610466, and in 1958, and processed approximately Tailings Cell 2 is intended to: (1) ML07830584). Persons who do not have 33 million tons of ore through 1985. The Control radiological hazards for 1,000 access to ADAMS or who encounter site continued to be an active uranium years to the extent reasonably problems in accessing the documents production facility through December achievable; (2) limit the release of located in ADAMS, should contact the 2002. Site reclamation activities radon-222 from uranium by-product, NRC PDR Reference staff by telephone commenced in 1989 with some work on and radon-220 from thorium by-product at 1–800–397–4209 or 301–415–4737, or the top surface of the largest tailings materials to the atmosphere so as not to by e-mail to [email protected]. cell. There are three tailings/waste cells exceed an average of 20 pCi/m2/sec; (3) Dated at Rockville, Maryland, this 6th day situated adjacent to each other at the Rio reduce direct gamma exposure from the of November 2007. Algom site: The large Tailings Cell 1, reclaimed tailings cell to background Tailings Cell 2 to the west of Cell 1, and For the Nuclear Regulatory Commission. levels; (4) avoid proliferation of small a small Cell 3 east of Cell 1 that was J. T. Wiggins, waste disposal sites; and (5) provide a used to dispose of contaminated final site that is geotechnically stable Deputy Director, Office of Nuclear Reactor windblown material. Reclamation of Regulation. and provides protection of water Cell 1 is complete, and cover resources for the long term. [FR Doc. E7–22093 Filed 11–9–07; 8:45 am] construction of Cells 2 and 3 is still The NRC staff has prepared the EA in BILLING CODE 7590–01–P ongoing. Reclamation activities have at support of the proposed license times included unlined evaporation amendment. The New Mexico pond residue excavation and disposal, Environment Department was consulted NUCLEAR REGULATORY contaminated windblown soil cleanup, COMMISSION during the EA preparation. The staff tailings impoundment reclamation, considered impacts that the licensee’s surface water erosion protection feature amended Reclamation Plan will have on [Docket No. 40–8905] construction, and mill building ground water, surface water, demolition. Notice of Availability of Environmental socioeconomic conditions, threatened The licensee has indicated that this and endangered species, transportation, Assessment and Finding of No proposed cell expansion design is one land use, public and occupational Significant Impact for Cell 2 Expansion component of the overall site health, and historic and cultural Reclamation Plan License reclamation plan. The licensee resources. Amendment; Rio Algom Mining LLC, previously has addressed, and NRC has Ambrosia Lake, NM approved, the remaining site-wide The EA supports a FONSI based on reclamation plan elements through the following conclusions. The potential AGENCY: Nuclear Regulatory impacts of the proposed action are Commission. separate licensing actions, including the original reclamation plan for Tailings limited to the land surface and are ACTION: Notice of availability. Cells 1, 2, and 3 (approved in September temporary during the construction 1990), mill demolition, relocation of activity. The direct impacts to the FOR FURTHER INFORMATION CONTACT: lined evaporation pond sediments, soil surface primarily will be dust Thomas McLaughlin, Project Manager, decommissioning plan, and generation due to excavating material, Materials Decommissioning Branch, groundwater remediation. hauling it to the disposal area, and Division of Waste Management and working it at the disposal area. Fugitive Environmental Protection, Office of II. EA Summary dust from heavy equipment operation Federal and State Materials and In April 2005, Rio Algom sent the will be mitigated through the use of dust Environmental Management Programs, NRC a Reclamation Plan for disposal of suppression methods on haul roads. U.S. Nuclear Regulatory Commission, evaporation pond sediments for its Impacts at the expansion cell area itself Washington, DC, 20555. Telephone: Ambrosia Lake uranium mill tailings are minimal, since the area is already (301) 415–5869; fax number: (301) 415– facility. In a followup to the proposed disturbed from site reclamation 5369; e-mail: [email protected]. plan, Rio Algom submitted, under letter activities. The licensee’s SUPPLEMENTARY INFORMATION: dated May 31, 2007, Revision 1 of the implementation of its National Pollutant plan and a response to NRC’s request for Discharge Elimination System (NPDES) I. Introduction additional information. The Uranium permits, its Storm Water Pollution The Nuclear Regulatory Commission Mill Tailings Radiation Control Act of Prevention Plan for the site, its site (NRC) proposes to issue a license 1978, as amended, and regulations in Health, Safety and Environment amendment of Source Materials License Title 10 of the Code of Federal Management System, and NRC license No. SUA–1473 held by Rio Algom Regulations, Part 40 (10 CFR Part 40) requirements provide adequate Mining LLC (Rio Algom/the licensee), to require that material at uranium mill assurances to control impacts to the approve a Cell 2 Expansion Reclamation tailings sites be disposed of in a manner environment. Additional ambient air Plan for its uranium mill tailings site in that protects human health and the monitoring stations have been installed Ambrosia Lake, New Mexico. The NRC environment. to collect data to demonstrate that has prepared an Environmental Rio Algom proposes to excavate its control measures are implemented and Assessment (EA) for this amendment in lined evaporation ponds (Ponds 9 and effective. accordance with the requirements of 10 11 through 21), and place all the III. Finding of No Significant Impact CFR Part 51, and has concluded that a contaminated sediments, dikes, and Finding of No Significant Impact underlying materials onto the existing On the basis of the EA, NRC has (FONSI) is appropriate. The amendment Tailings Cell 2. The expanded Cell 2 concluded that there are no significant will be issued following the publication will then be closed as part of the facility environmental impacts from the of this Notice. decommissioning plan. Rio Algom proposed amendment, and there is no

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need to prepare an environmental amendment and supporting Document Access and Management impact statement. documentation, are available System (ADAMS), which provides text electronically at the NRC’s Electronic and image files of NRC’s public IV. Further Information Reading Room at http://www.nrc.gov/ documents. The ADAMS accession Documents related to this action, reading-rm/adams.html. From this site, numbers for the documents related to including the application for you can access the NRC’s Agencywide this notice are as follows:

ADAMS Document accession No. Date

NUREG–1748, ‘‘Environmental Review Guidance for Licensing Actions Associated With NMSS ML031000403 April 10, 2003. Programs—Final Report,’’ Nuclear Regulatory Commission, Washington, DC. NUREG–1620, Rev. 1, ‘‘Standard Review Plan for Review of a Reclamation Plan for Mill Tailings ML040560561 February 19, 2004. Sites Under Title II of the Uranium Mill Tailings Radiation Control Act of 1978,’’ Nuclear Regu- latory Commission, Washington, DC. Rio Algom Mining LLC, 2004, ‘‘Closure Plan-Lined Evaporation Ponds’’ ...... ML050240058 November 1, 2004. Rio Algom, 2005; Reclamation Plan for Disposal of Pond Sediments and Ancillary Materials, ML051290050 April 30, 2005. Tailings Cell 2 Expansion. Rio Algom 2007; Reclamation Plan for Disposal of Pond Sediments and Ancillary Materials, ML071790245 May 31, 2007. Tailings Cell 2 Expansion, Revision 1. ML071790250 Environmental Assessment for the Tailings Cell 2 Expansion Reclamation Plan, Rio Algom Min- ML072670278 September, 2007. ing LLC’s Uranium Mill Facility, Ambrosia Lake, New Mexico, Final Report.

If you do not have access to ADAMS Specifications (STS), NUREG–1430 example for all plant types. Similarly, or if there are problems in accessing the (B&W), NUREG–1431 (Westinghouse), the NRC staff herein provides a revised documents located in ADAMS, contact NUREG–1432 (CE), NUREG–1433 model SE, model LAR, and model the NRC’s Public Document Room (PDR) (BWR/4) and NUREG–1434 (BWR/6). NSHC incorporating changes based Reference staff at 1–800–397–4209, 301– Specifically the SE addresses: (1) The upon the public comments received. 415–4737, or by e-mail to [email protected]. revision of the technical specification The NRC staff can most efficiently These documents may also be viewed (TS) surveillance requirement (SR) consider applications based upon the electronically on the public computers 3.1.3.2 frequency in STS 3.1.3, ‘‘Control model LAR, which references the model located at the NRC’s PDR, O1 F21, One Rod OPERABILITY,’’ (NUREG–1433 and SE, if the LAR is submitted within one White Flint North, 11555 Rockville NUREG–1434), (2) a clarification to the year of this Federal Register Notice. Pike, Rockville, MD 20852. The PDR requirement to fully insert all insertable FOR FURTHER INFORMATION CONTACT: reproduction contractor will copy control rods for the limiting condition Timothy Kobetz, Mail Stop: O–12H2, documents for a fee. for operation (LCO) in STS 3.3.1.2, Technical Specifications Branch, Dated at Rockville, Maryland, this 2nd day Required Action E.2, ‘‘Source Range Division of Inspection & Regional of November, 2007. Monitor Instrumentation’’ (NUREG– Support, Office of Nuclear Reactor For the Nuclear Regulatory Commission. 1434 only), and (3) the revision of Regulation, U.S. Nuclear Regulatory Keith I. McConnell, Example 1.4–3 in STS Section 1.4 Commission, Washington, DC 20555– Deputy Director, Decommissioning and ‘‘Frequency’’ to clarify the applicability 0001, telephone: 301–415–1932. Uranium Recovery Licensing Directorate, of the 1.25 surveillance test interval SUPPLEMENTARY INFORMATION: Division of Waste Management and extension (NUREG–1430 through Environmental Protection, Office of Federal NUREG–1434). The NRC staff has also Background and State Materials and Environmental prepared a model license amendment Management Programs. request and a model no significant Regulatory Issue Summary 2000–06, [FR Doc. E7–22114 Filed 11–9–07; 8:45 am] hazards consideration (NSHC) ‘‘Consolidated Line Item Improvement BILLING CODE 7590–01–P determination relating to this matter. Process for Adopting Standard The purpose of these models is to Technical Specification Changes for permit the NRC to efficiently process Power Reactors,’’ was issued on March NUCLEAR REGULATORY amendments that propose to modify TS 20, 2000. The consolidated line item COMMISSION control rod SR testing frequency, clarify improvement process (CLIIP) is intended to improve the efficiency of Notice of Availability of Model TS control insertion requirements, and clarify SR frequency discussions. NRC licensing processes by processing Application Concerning Technical proposed changes to the standard Specification Improvement To Revise Licensees of nuclear power reactors to which the models apply can request technical specifications (STS) in a Control Rod Notch Surveillance manner that supports subsequent Frequency, Clarify SRM Insert Control amendments, confirming the applicability of the SE and NSHC license amendment applications. The Rod Action, and Clarify Frequency CLIIP includes an opportunity for the Example determination to their plant licensing basis. public to comment on proposed changes AGENCY: Nuclear Regulatory to the STS following a preliminary Commission. DATES: The NRC staff issued a Federal assessment by the NRC staff and finding Register notice (72 FR 46103; August that the change will likely be offered for ACTION: Notice of availability. 16, 2007) which provided a model SE, adoption by licensees. The CLIIP directs SUMMARY: Notice is hereby given that model application, and model NSHC the NRC staff to evaluate any comments the staff of the Nuclear Regulatory related to BWR plant control rod notch received for a proposed change to the Commission (NRC) has prepared a surveillance frequency, BWR SRM STS and to either reconsider the change model safety evaluation (SE) relating to control rod insertion action, and or to proceed with announcing the the revision of Standard Technical clarification of a surveillance frequency availability of the change for proposed

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adoption by licensees. Those licensees for the proposed TS consistent with the clarification of SR frequency opting to apply for the subject change to TS Bases proposed in TSTF–475, discussions for all pant types, the staff technical specifications are responsible Revision 1 (note: the change to STS received one set of comments (from the for reviewing the staff’s evaluation, Section 1.4 does not entail a Bases TSTF Owners Groups, representing referencing the applicable technical change). The staff is requesting that the licensees). The specific comments are justifications, and providing any TS Bases be included with the proposed provided and discussed below: necessary plant-specific information. license amendments in this case 1. Comment: TSTF–475 contains three Each amendment application made in because the changes to the TS and the changes: The revision to SR 3.1.3.2 response to the notice of availability changes to the associated TS Bases form which is applicable to NUREG–1433 will be processed and noticed in an integral change to a plant’s licensing and NUREG–1434 (the Improved accordance with applicable rules and basis. To ensure that the overall change, Standard Technical Specifications, or NRC procedures. including the TS Bases, includes ISTS, for BWR/4 and BWR/6 plants), the This notice involves the modification appropriate regulatory controls, the staff change to Specification 3.3.1.2, of BWR TS control rod SR testing plans to condition the issuance of each Required Action E.2 which is applicable frequency, clarification of BWR TS license amendment on the licensee’s to NUREG–1434 (the ISTS for BWR/6 control insertion requirements, and incorporation of the changes into the TS plants), and the change to Example 1.4– clarification of SR frequency Bases document and that the licensee 3 which is applicable to NUREG–1430 discussions for all pant types. This control changes to the TS Bases in through –1434 (the ISTS for all plant change was proposed for incorporation accordance with the licensees TS Bases types). The applicability of the third into the standard technical Control Program. The CLIIP does not change to all plant types is clearly specifications by the Owners Groups prevent licensees from requesting an indicated on the Traveler cover page participants in the Technical alternative approach or proposing the and in the justification (last paragraph Specification Task Force (TSTF) and is changes without the requested TS Bases. of Section 2.0, ‘‘Proposed Change.’’) designated TSTF–475 Revision 1. However, deviations from the approach However, the Notice for Comment, TSTF–475 Revision 1 can be viewed on recommended in this notice may require model Safety Evaluation, model the NRC’s Web page at http:// additional review by the NRC staff and application, and No Significant Hazards www.nrc.gov/reactors/operating/ may increase the time and resources Considerations Determination (NSHC) licensing/techspecs.html. needed for the review. Significant incorrectly state that TSTF–475 is only variations from the approach, or applicable to BWR plants. *** Reviewer’s Note *** inclusion of additional changes to the The Notice, the model application, TSTF–475 involves three changes to the license, will result in staff rejection of model Safety Evaluation, and NSHC Standard Technical Specifications NUREGs the submittal. Instead, licensees desiring should be revised to state that the that, depending upon the adopting plant, significant variations and/or additional change to Example 1.4–3 is applicable may or may not be adopted by a plant. The to all plant types. The model Safety first changes the surveillance frequency for changes should submit a LAR that does control rod notch testing from 7 to 31 days, not request to adopt TSTF–475, Evaluation, model application, and and applies to BWR/4 and BWR/6 plants Revision 1, under CLIIP. NSHC should be revised to bracket (e.g., indicate as optional) the BWR/4 and (NUREG–1433 & NUREG–1434). The second Public Notices adds the word ‘‘fully’’ to a Required Action BWR/6 specific changes so that the statement to clarify that control rods should The staff issued a Federal Register documents are applicable to a BWR/6 be fully inserted, and applies to only the Notice (72 FR 46103, August 16, 2007) plant adopting all three changes, a BWR/6 plants (NUREG–1434). The third that requested public comment on the BWR/4 plant adopting the SR 3.1.3.2 change clarifies the usage of the 1.25 NRC’s pending action to approve the and Example 1.4–3 changes, or a surveillance frequency interval extension, modification of BWR TS control rod SR and applies to all plants (NUREG–1430 pressurized water reactor (PWR) plant through NUREG–1434). The model testing frequency, clarification of BWR adopting only the Example 1.4–3 application and model safety evaluation will TS control insertion requirements, and change. need to be tailored (where brackets indicate) clarification of SR frequency Response: The staff agrees with the for plant specific applications. discussions for all pant types, as comment and the model application, proposed in TSTF–475, Revision 1. The model Safety Evaluation, and NSHC Applicability TSTF–475, Revision 1, can be viewed have been revised accordingly. This proposed TS change modifies TS on the NRC’s web page at http:// 2. Comment: In Section 3.0, control rod SR testing frequency and www.nrc.gov/reactors/operating/ ‘‘Technical Evaluation,’’ of the Notice, clarifies TS control insertion licensing/techspecs.html. TSTF–475, reference is made three times to the requirements for BWR plants, and Revision 1, may be examined, and/or ‘‘BWROG TSTF’’ or ‘‘BWROG TSTF– clarifies SR frequency discussions for all copied for a fee, at the NRC’s Public 475.’’ The Technical Specifications Task NSSS plant types. The CLIIP does not Document Room, located at One White Force (TSTF) is sponsored by the prevent licensees from requesting an Flint North, 11555 Rockville Pike (first Boiling Water Reactor Owners Group alternative approach or proposing the floor), Rockville, Maryland. Publicly and the Pressurized Water Reactor changes without the attached model SE available records are accessible Owners Group. The proper designation and the NSHC. Variations from the electronically from the ADAMS Public is either ‘‘TSTF’’ or ‘‘Owners Group approach recommended in this notice Library component on the NRC Web TSTF.’’ may, however, require additional review site, (the Electronic Reading Room) at Response: The staff agrees with the by the NRC staff and may increase the http://www.nrc.gov/reading-rm/ comment and Section 3.0 of the model time and resources needed for the adams.html. Safety Evaluation has been revised by review. In response to the notice soliciting removing explicit reference to the To efficiently process the incoming comments from interested members of BWROG in referring to TSTF–475. license amendment applications, the the public about the modification of 3. Comment: In Section 3.0, staff requests that each licensee BWR TS control rod SR testing ‘‘Technical Evaluation,’’ the model applying for the changes proposed in frequency, clarification of BWR TS Safety Evaluation states, ‘‘Therefore, the TSTF–475, Revision 1, include TS Bases control insertion requirements, and NRC staff finds the change acceptable

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with the commitment to implement GE Specification Pages,’’ should also be The commitment should also be marked water quality for the CRD system marked as optional as not all licensee’s as optional consistent with Comments 1 recommendations.’’ In the model submit retyped Technical Specification and 4, as the PWR-applicable change to application, a regulatory commitment is pages as attachments to their Section 1.4 has no associated Bases included which states, ‘‘[LICENSEE] amendment requests. changes. will establish the water quality controls Response: The staff does not agree Response: The staff agrees with the as recommended by SIL No. 148, Water with the comment. For those sections of comment in the sense that the Bases are Quality Control for the Control Rod the technical specifications that are not adopted as a license amendment is System,’’ September 15, 1975.’’ This changed in accordance with TSTF–475 adopted, and therefore the wording of commitment should be removed. and that have Bases, the Bases must be the commitment will be revised to state, The TSTF’s justification for TSTF– changed to reflect the change in ‘‘[LICENSEE] will establish the 475 made no mention of and did not accordance with TSTF–475. TS Section Technical Specification Bases for [TS B rely on water quality controls. The 1.4, that does not have Bases, does not 3.1.3, TS B 3.1.4, and TS B 3.3.1.2] TSTF’s July 3, 2006 response to the need to have Bases changes submitted, consistent with those shown in TSTF– NRC’s March 21, 2003 Request for and for those plants that are only 475, Revision 1, ‘‘Control Rod Notch Additional Information (RAI) did not adopting the TS Section 1.4 change, the Testing Frequency and SRM Insert credit water chemistry controls. As Model Application Attachment 5, Control Rod Action.’’ The staff does not stated in the justification and the Staff’s ‘‘Proposed Technical Specification agree with the comment with respect to model Safety Evaluation, 30 years of Bases,’’ will be revised to indicate that the Bases being provided purely for operating experience at BWRs without a the submittal of revised Bases pages is information and that the commitment is control rod drive failure detected by the optional in that case. The staff does not optional. The staff will review the Bases weekly notch testing is sufficient to see a need to revise Model Application changes to ensure they are acceptable. If demonstrate the acceptability of the Attachment 3. The staff expects to see a licensee is only adopting the TS change. the licensee’s Bases changes associated Section 1.4 portion of the TSTF–475 The reference is technically incorrect. with the adoption of TSTF–475. change, then the commitment would not Supplement 1 to SIL No. 148 was issued 5. Comment: Model Application: The apply, otherwise it would apply. in June 2004 and updates the SIL to Model Application states, ‘‘I declare 7. Comment: Model NSHC: To be bring it into alignment with current under penalty of perjury under the laws consistent with 10 CFR 50.91(a), the Electric Power Research Institute (EPRI) of the United States of America that I title of Criterion 2 should be revised to BWR water chemistry requirements, am authorized by [LICENSEE] to make add the word ‘‘Accident’’ before which were in conflict with the 1975 this request and that the foregoing is ‘‘Previously Evaluated.’’ Specifically, it version of SIL. true and correct.’’ This statement is not should state, ‘‘The Proposed Change The NRC’s Technical Evaluation in consistent with the recommended Does Not Create the Possibility of a New the draft Safety Evaluation did not statement given in RIS 2001–18, or Different Kind of Accident from any reference SIL No. 148 (either the 1975 ‘‘Requirements for Oath or Affirmation.’’ Accident Previously Evaluated.’’ version or the current version). RIS 2001–18 recommends the statement, Response: The staff agrees with the It is not appropriate for the NRC to ‘‘I declare [or certify, verify, state] under comment and the model NSHC Criterion require commitments to documents that penalty of perjury that the foregoing is 2 statement has been reworded were not relied on in the licensee’s true and correct.’’ Note that RIS 2001– accordingly. application, were not reviewed by the 18 states that this statement must be NRC, and were not discussed in the used verbatim. We recommend that the For the Nuclear Regulatory Commission. NRC’s technical evaluation. Therefore, Model Application be revised to be Dated at Rockville, Maryland, this 5th day the reference to water chemistry consistent with RIS 2001–18. of November, 2007. controls in the model Safety Evaluation Response: The staff agrees with the Timothy J. Kobetz, and the commitment in the model comment and the requirement in the Chief, Technical Specifications Branch, application should be removed. model application for oath or Division of Inspection and Regional Support, Response: The staff agrees with the affirmation has been reworded to be Office of Nuclear Reactor Regulation. comment and the requirements for a consistent with RIS 2001–18. Model Safety Evaluation, U.S. Nuclear commitment to establish water quality 6. Comment: Attachment 4: The Regulatory Commission, Office of controls as recommended by SIL No. regulatory commitment states Nuclear Reactor Regulation, 148, Water Quality Control for the ‘‘[LICENSEE] will establish the Consolidated Line Item Improvement, Control Rod System, in the model Safety Technical Specification Bases for [TS B Technical Specification Task Force Evaluation and in the model application 3.1.3, TS B 3.1.4, and TS B 3.3.1.2] as (TSTF) Change TSTF–475, Revision 1, have been removed. adopted with the applicable license Control Rod Notch Testing Frequency, 4. Comment: Model Application: amendment.’’ This statement is Source Range Monitor Technical Attachment 5, ‘‘Proposed Technical incorrect as the Bases changes included Specification Action to Insert Control Specification Bases,’’ should be marked for information with the license Rods, and Surveillance Frequency as optional. There are no Bases changes amendment request are not ‘‘adopted’’ Discussions associated with the PWR-applicable with the license amendment. Bases changes to Section 1.4. Furthermore, the changes are made under licensee control 1.0 Introduction Bases changes associated with TSTF– under the Technical Specification Bases By letter dated August 30, 2004, the 475 simply reflect the changes made to Control Program. We recommend TSTF submitted a request (Reference 1) the specifications. It should be left to revising the commitment to state for changes to the Standard Technical the licensee whether to submit Bases ‘‘[LICENSEE] will implement Technical Specifications (STS): NUREG–1430 changes with the amendment request. Specification Bases for TS [3.1.3, 3.1.4, Standard Technical Specifications B&W The third paragraph omits Attachment and 3.3.1.2] consistent with those Plants (Reference 2); NUREG–1431 5, which is shown in the list of shown in TSTF–475, Revision 1, Standard Technical Specifications attachments below the signature. ‘‘Control Rod Notch Testing Frequency Westinghouse Plants (Reference 3); Attachment 3, ‘‘Proposed Technical and SRM Insert Control Rod Action.’’ NUREG–1432 Standard Technical

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Specifications Combustion Engineering while performing a rod notch proposed changes in TSTF–475 that Plants (Reference 4); NUREG–1433, surveillance test. changes the weekly rod notch frequency Standard Technical Specifications The purpose of these revisions is to to monthly, clarify the SRM TS actions General Electric Plants, BWR/4 reduce the number of control rod for inserting control rods, and clarify the (Reference 5); and NUREG–1434, manipulations and, thereby, reduce the applicability of the 25% allowance in Standard Technical Specifications opportunity for reactivity control Example 1.4–3. General Electric Plants, BWR/6 events.] • [TSTF letter TSTF–06–13 (Reference 6). The proposed changes The purpose of the change to Example (Reference 8)—Provided responses to would: (1) Revise the TS control rod 1.4–3 in Section 1.4 ‘‘Frequency’’ is to NRC staff request for additional notch surveillance frequency in TS clarify the applicability of the 25% information (RAI) on (1) industry 3.1.3, ‘‘Control Rod OPERABILITY,’’ allowance of SR 3.0.2 to time periods experience with identifying stuck rods, (NUREG–1433 and NUREG–1434), (2) discussed in NOTES in the (2) tests that would identify stuck rods, clarify the TS requirement for inserting ‘‘SURVEILLANCE’’ column as well as to (3) continue compliance with SIL 139, control rods for one or more inoperable time periods in the ‘‘FREQUENCY’’ (4) industry experience on collet SRMs in MODE 5 (NUREG–1434 only), column. failures, and (4) applying the 25% grace and (3) revise one Example in Section 2.0 Regulatory Evaluation period to the 31 day control rod notch 1.4 ‘‘Frequency’’ to clarify the SR test frequency. Title 10 of the Code of Federal • applicability of the 1.25 surveillance BWROG letter BWROG–06036 Regulations (CFR), part 50, Appendix A, test interval extension (NUREG–1430 (Reference 9)—Provided the GE Nuclear General Design Criterion (GDC) 29, through NUREG–1434). Energy Report, ‘‘CRD Notching Protection against anticipated Surveillance Testing for Limerick These changes are based on Technical occurrence, requires that the protection Specifications Task Force (TSTF) Generating Station,’’ in which CRD and reactivity control systems be notching frequency and CRD change traveler TSTF–475, Revision 1, designed to assure an extremely high that proposes revisions to the reference performance were evaluated. probability of accomplishing their safety • TSTF letter TSTF–07–19 (Reference STS by: (1) revising the frequency of SR functions in an event of anticipated 10)—Provided response to NRC staff 3.1.3.2, notch testing of each fully operational occurrences. The design RAI on CRD performance in Control Cell withdrawn control rod, from ‘‘7 days relies on the CRDS to function in Core (CCC) designed plants, including after the control rod is withdrawn and conjunction with the protection systems TSTF–475, Revision 1. THERMAL POWER is greater than the under anticipated operational The CRD System is the primary LPSP of RWM’’ to ‘‘31 days after the occurrences, including loss of power to reactivity control system for the reactor. control rod is withdrawn and all recirculation pumps, tripping of the The CRD System, in conjunction with THERMAL POWER is greater than the turbine generator, isolation of the main the Reactor Protection System, provides LPSP of the RWM’’ (NUREG–1433 and condenser, and loss of all offsite power. the means for the reliable control of NUREG–1434), (2) adding the word The CRDS provides an adequate means reactivity changes to ensure under all ‘‘fully’’ to LCO 3.3.1.2 Required Action of inserting sufficient negative reactivity conditions of normal operation, E.2 (NUREG–1434 only) to clarify the to shut down the reactor and prevent including anticipated operational requirement to fully insert all insertable exceeding acceptable fuel design limits occurrences that specified acceptable control rods in core cells containing one during anticipated operational fuel design limits are not exceeded. or more fuel assemblies when the occurrences. Meeting the requirements Control rods are components of the CRD associated SRM instrument is of GDC 29 for the CRDS prevents System that have the capability to hold inoperable, and (3) revising Example occurrence of mechanisms that could the reactor core subcritical under all 1.4–3 in Section 1.4 ‘‘Frequency’’ to result in fuel cladding damage such as conditions and to limit the potential clarify that the 1.25 surveillance test severe overheating, excessive cladding amount and rate of reactivity increase interval extension in SR 3.0.2 is strain, or exceeding the thermal margin caused by a malfunction in the CRD applicable to time periods discussed in limits during anticipated operational System. NOTES in the ‘‘SURVEILLANCE’’ occurrences. Preventing excessive The CRD System consists of a CRDM, column in addition to the time periods cladding damage in the event of by which the control rods are moved, in the ‘‘FREQUENCY’’ column anticipated transients ensures and a hydraulic control unit (HCU) for (NUREG–1430 through NUREG–1434). maintenance of the integrity of the each control rod. The CRDM is a [The purpose of the surveillances is to cladding as a fission product barrier. mechanical hydraulic latching cylinder confirm control rod insertion capability that positions the control blades. The which is demonstrated by inserting each 3.0 Technical Evaluation CRDM is a highly reliable mechanism partially or fully withdrawn control rod In order to perform this SE, the NRC for inserting a control rod to the full-in at least one notch and observing that the staff reviewed the following information position. The collet piston mechanism control rod moves. Control rods and provided by the TSTF to justify the design feature ensures that the control control rod drive (CRD) Mechanism submitted license amendment request to rod will not be inadvertently (CRDM), by which the control rods are [revise the weekly control rod notch withdrawn. This is accomplished by moved, are components of the CRD frequency to monthly (STS NUREG– engaging the collet fingers, mounted on System, which is the primary reactivity 1433 and NUREG–1434)], [clarify the the collet piston, in notches located on control system for the reactor. By SRM TS action for inserting control rods the index tube. Due to the tapered design, the CRDM is highly reliable with (NUREG–1434 only), and] revise the design of the index tube notches, the a tapered design of the index tube discussion of the applicability of the collet piston mechanism will not which is conducive to control rod 25% allowance in Example 1.4–3. impede rod insertion under normal insertion. Specifically, the following documents insertion or scram conditions. A stuck control rod is an extremely were reviewed during the NRC staff’s The collet retainer tube (CRT) is a rare event and industry review of plant evaluation: short tube welded to the upper end of operating experience did not identify • TSTF letter TSTF–04–07 (Reference the CRD which houses the collet any incidents of stuck control rods 1)—Provided a description of the mechanism which consist of the locking

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collet, collet piston, collet return spring reduce the notch test frequency for the crack length. The small difference in and an unlocking cam. The collet partially withdrawn control rods. growth rate would have little effect on mechanism provides the locking/ In response to the NRC staff RAIs and the behavior between one notch test and unlocking mechanism that allows the to support their position to reduce the the next subsequent test. Therefore, insert/withdraw movement of the CRD notch testing frequency, the from the materials perspective based on control rod. The CRT has three primary BWROG provided plant data and GE low crack growth rates, a decrease in the functions: (a) To carry the hydraulic Nuclear Energy report, CRD Notching notch test frequency would not affect unlocking pressure to the collet piston, Surveillance Testing for Limerick the reliability of detecting a CRDM (b) to provide an outer cylinder, with a Generating Station (CRDNST). The GE failure due to crack growth. suitable wear surface for the metal collet report provided a description of the Also, the BWR scram system has piston rings, and (c) to provide cracks noted on the original design CRT extremely high reliability. In addition to mechanical support for the guide cap, a surfaces. These cracks, which were later notch testing, scram time testing can component which incorporates the cam determined to be intergranular, were identify failure of individual CRD surface for holding the collet fingers generally circumferential, and appeared operation resulting from IGSCC-initiated open and also provides the upper rod with greatest frequency below and cracks and mechanical binding. Unlike guide or bushing. between the cooling water ports, in the the CRD notch tests, these single rod According to the BWROG, at the time area of the change in wall thickness. scram tests cover the other mechanical of the first CRT crack discovery in 1975 Subsequently, cracks associated with components such as scram pilot each partially or fully withdrawn residual stresses were also observed in solenoid operated valves, the scram operable control rod was required to be the vicinity of the attachment weld. inlet and outlet air operated valves, and exercised one notch at least once each Continued circumferential cracking the scram accumulator, as well as week. It was recognized that notch could lead to 360 degree severance of operation of the control rods. Thus, the testing provided a method to the CRT that would render the CRD primary assurance of scram system demonstrate the integrity of the CRT. inoperable which would prevent reliability is provided by the scram time Control rod insertion capability was insertion, withdrawal or scram. Such testing since it monitors the system demonstrated by inserting each partially failure would be detectable in any fully scram operation and the complete travel or fully withdrawn control rod at least or partially withdrawn control rod of the control rod. Also, the HCUs, CRD drives, and one notch and observing that the control during the surveillance notch testing control rods are also tested during rod moves. The control rod may then be required by the Technical refueling outages, approximately every returned to its original position. This Specifications. To a lesser degree, cracks 18–24 months. Based on the data ensures the control rod is not stuck and have also been noted at the welded joint of the interim design CRT but no cracks collected during the preceding cycle of is free to insert on a scram signal. haven been observed in the final operation, selected control rod drives, It was determined that during scrams, improved CRT design. In a request for are inspected and, as required, their the CRT temperature distribution additional information, BWROG internal components are replaced. changes substantially at reactor response of being unable to find a collet Therefore, increasing the CRD notch operating conditions. Relatively cold housing failure since 1975 supported testing frequency to monthly would water moves upward through the inside the NRC staff review of not finding a have very minimal impact on the of the CRT and exits via the flow holes collet housing failure. To date, operating reliability of the scram system. into the annulus on the outside. At the experience data shows no reports of a The NRC staff has reviewed the same time hot water from the reactor severed CRT at any BWR. No collet TSTF–475 proposal to amend the vessel flows downward on the outside housing failures have been noted since (NUREG–1433 and NUREG–1434) TS surface of the CRT. There is very little 1975. On a numerical basis for instance, SR 3.1.3.2, ‘‘Control Rod OPERABILTY’’ mixing of the cold water flowing from based on BWROG assumption that there from seven days to monthly. Based on the three flow holes into the annulus are 137 control rods for a typical BWR/ the following evaluation condition: (1) and the hot water flowing downward. 4 and 193 control rods for a typical Slow crack growth rate of the CRT; (2) Thus, there are substantial through wall BWR/6, the yearly performance would the improved CRT design; (3) a higher and circumferential temperature be 6590 rod notch tests for a BWR/4 reliable method (scram time testing) to gradients during scrams which plant and 9284 for a BWR/6 plant. For monitor CRD scram system contribute to the observed CRT example, if all BWRs operating in the functionality; (4) GE chemistry cracking. U.S. are taken into consideration, the recommendations; and (5) no known Subsequently, many BWRs have yearly performances of rod notch data CRD failures have been detected during reduced the frequency of notch testing would translate into approximately the notch testing exercise, the NRC staff for partially withdrawn control rods 240,000 rod notch tests without concluded that the changes would from weekly to monthly. The notch test detecting a failure. reduce the number of control rod frequency for fully withdrawn control In addition, the IGSCC crack growth manipulations thereby reducing the rods are still performed weekly. The rates were evaluated, at Limerick opportunity for potential reactivity change, for partially withdrawn control Generating Station, using GE’s PLEDGE events while having a very minimal rods, was made because of the potential model with the assumption that the impact on the extremely high reliability power reduction required to allow water chemistry condition is based on of the CRD system. The utilities should control rod movement for partially GE recommendations. The model is consider the replacement of the CRT, withdrawn control rods, the desire to based on fundamental principles of when possible, with the GE CRT coordinate scheduling with other plant stress corrosion cracking which can improved design. activities, and the fact that a large evaluate crack growth rates as a function The NRC staff has reviewed the sample of control rods are still notch of water oxygen level, conductivity, TSTF–475 proposal to amend the tested on the weekly basis. The material sensitization and applied loads. NUREG–1434, Specification 3.3.1.2, operating experience related to the It was determined that the additional Required Action E.2 from ‘‘Initiate changes in CRD performance also time of 24 days represented an action to insert all insertable control provided additional justification to additional 10 mils of growth in total rods in core cells containing one or

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more fuel assemblies’’ to ‘‘Initiate action 4.0 State Consultation 5. NUREG–1433, ‘‘Standard Technical to fully insert all insertable control rods In accordance with the Commission’s Specifications General Electric Plants, in core cells containing one or more fuel regulations, the [ ] State official was BWR/4, Revision 3,’’ August 31, 2003. assemblies.’’ The NRC staff finds the notified of the proposed issuance of the 6. NUREG–1434, ‘‘Standard Technical revision acceptable because the amendment. The State official had [(1) Specifications General Electric Plants, requirement to insert control rods is no comments or (2) the following BWR/6, Revision 3,’’ August 31, 2003. meant to require control rods to be fully comments—with subsequent 7. Letter TSTF–07–19, Response from inserted and adding ‘‘fully’’ does not disposition by the staff]. the Technical Specifications Task Force change but clarifies the intent of the to the NRC, ‘‘Request for Additional action. 5.0 Environmental Consideration Information (RAI) Regarding TSTF–475 The NRC staff has reviewed the The amendments change a Revision 0,’’ Control Rod Notch Testing TSTF–475 proposal to amend (NUREG– requirement with respect to the Frequency and SRM Insert Control Rod 1430 through NUREG–1434) Example installation or use of a facility Action,’’ dated February 28, 2007, 1.4–3 in Section 1.4 ‘‘Frequency,’’ to component located within the restricted (TSTF–475 Revision 1 is an enclosure), make the 1.25 provision in SR 3.0.2 to area as defined in 10 CFR part 20 and ADAMS accession number be equally applicable to time periods change surveillance requirements. The ML071420428. specified in the ‘‘FREQUENCY’’ column NRC staff has determined that the 8. Letter TSTF–06–13 from the and in the NOTE in the amendments involve no significant Technical Specifications Task Force to ‘‘SURVEILLANCE’’ column. The NRC increase in the amounts and no the NRC, ‘‘Response to NRC Request for staff finds this change acceptable since significant change in the types of any Additional Information Regarding the revision would make it consistent effluents that may be released offsite, TSTF–475, Revision 0,’’ dated July 3, with the definition of specified and that there is no significant increase 2006, ADAMS accession number ‘‘Frequency’’ provided in the second in individual or cumulative ML0618403421. paragraph of Section 1.4 which states occupational radiation exposure. The 9. Letter BWROG–06036 from the that the specified ‘‘Frequency’’ is Commission has previously issued a BWR Owners Group to the NRC, referred to throughout this section and proposed finding that the amendments ‘‘Response to NRC Request for each of the Specifications of Section 3.0, involve no significant hazards Additional Information Regarding Surveillance Requirement (SR) considerations, and there has been no TSTF–475, Revision 0,’’ dated Applicability. The specified public comment on the finding [FR ]. November 16, 2006, with Enclosure of ‘‘Frequency’’ consists of the Accordingly, the amendments meet the the GE Nuclear Energy Report, ‘‘CRD requirements of the Frequency column eligibility criteria for categorical Notching Surveillance Testing for of each SR, as well as certain Notes in exclusion set forth in 10 CFR 51.22(c)(9) Limerick Generating Station,’’ dated the Surveillance column that modify [and (c)(10)]. Pursuant to 10 CFR November 2006, ADAMS accession performance requirements.’’ 51.22(b), no environmental impact number ML063250258. statement or environmental assessment 10. Letter TSTF–07–19 from the 3.1 Conclusion need be prepared in connection with the Technical Specifications Task Force to The NRC staff has reviewed the issuance of the amendments. the NRC, ‘‘Response to NRC Request for Additional Information Regarding licensee’s proposal to amend existing 6.0 Conclusion [(NUREG–1433 and NUREG–1434) TS TSTF–475, Revision 0,’’ dated May 22, The Commission has concluded, on sections SR 3.1.3.2, ‘‘Control Rod 2007, ADAMS accession number the basis of the considerations discussed OPERABILTY,’’ (NUREG–1434) LCO ML071420428]. above, that (1) there is reasonable 3.3.1.2 Required Action E.2, ‘‘Source THE FOLLOWING EXAMPLE OF AN assurance that the health and safety of APPLICATION WAS PREPARED BY THE Range Monitor (SRM) Instrumentation,’’ the public will not be endangered by NRC STAFF TO FACILITATE USE OF THE and] (NUREG–1430 through NUREG– operation in the proposed manner, (2) CONSOLIDATED LINE ITEM 1434) Example 1.4–3, ‘‘Frequency’’ such activities will be conducted in IMPROVEMENT PROCESS (CLIIP). THE applicable to SR 3.0.2. The NRC staff compliance with the Commission’s MODEL PROVIDES THE EXPECTED LEVEL has concluded that the TS revisions OF DETAIL AND CONTENT FOR AN regulations, and (3) the issuance of the [will have a minimal affect on the high APPLICATION TO REVISE TECHNICAL amendments will not be inimical to the reliability of the CRD system while SPECIFICATIONS REGARDING REVISION common defense and security or to the reducing the opportunity for potential OF CONTROL ROD NOTCH health and safety of the public. reactivity events; thus, meeting the SURVEILLANCE TEST FREQUENCY, CLARIFICATION OF SRM INSERT requirement of CFR, Part 50, Appendix 7.0 References CONTROL ROD ACTION, AND A A, GDC 29, and] will clarify the 1.25 1. Letter TSTF–04–07 from the CLARIFICATION OF A FREQUENCY provision in SR 3.0.2. Therefore, the Technical Specifications Task Force to EXAMPLE. LICENSEES REMAIN staff concludes that the amendment the NRC, TSTF–475 Revision 0, RESPONSIBLE FOR ENSURING THAT request is acceptable. ‘‘Control Rod Notch Testing Frequency THEIR ACTUAL APPLICATION FULFILLS Based on the considerations discussed and SRM Insert Control Rod Action,’’ THEIR ADMINISTRATIVE REQUIREMENTS above, the Commission has concluded AS WELL AS NUCLEAR REGULATORY August 30, 2004, ADAMS accession COMMISSION REGULATIONS. that: (1) There is reasonable assurance number ML042520035. that the health and safety of the public 2. NUREG–1430, ‘‘Standard Technical U.S. Nuclear Regular Commission will not be endangered by operation in Document Control Desk Specifications Babcock and Wilcox Washington, DC 20555 the proposed manner, (2) such activities Plants, Revision 3,’’ August 31, 2003. will be conducted in compliance with SUBJECT: PLANT NAME, DOCKET NO. 50— 3. NUREG–1431, ‘‘Standard Technical APPLICATION FOR TECHNICAL the Commission’s regulations, and (3) Specifications Westinghouse Plants, SPECIFICATION CHANGE REGARDING the issuance of the amendments will not Revision 3,’’ August 31, 2003. REVISION OF CONTROL ROD NOTCH be inimical to the common defense and 4. NUREG–1432, ‘‘Standard Technical SURVEILLANCE TEST FREQUENCY, security or to the health and safety of Specifications Combustion Engineering CLARIFICATION OF SRM INSERT the public. Plants, Revision 3,’’ August 31, 2003. CONTROL ROD ACTION, AND A

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CLARIFICATION OF A FREQUENCY insertable control rods for the limiting Register on [DATE] for this TS EXAMPLE USING THE CONSOLIDATED condition for operation (LCO) in TS improvement, the [LICENSEE] verifies LINE ITEM IMPROVEMENT PROCESS 3.3.1.2, Required Action E.2, ‘‘Source the applicability of TSTF–475 to Gentleman: Range Monitoring Instrumentation’’, [PLANT], and commits to establishing In accordance with the provisions of 10 and (3)] revise Example 1.4–3 in Section Technical Specification Bases for TS as CFR 50.90 [LICENSEE] is submitting a 1.4 ‘‘Frequency’’ to clarify the proposed in TSTF–475, Revision 1. request for an amendment to the technical applicability of the 1.25 surveillance specifications (TS) for [PLANT NAME, UNIT These changes are based on TSTF test interval extension. change traveler TSTF–475 (Revision 1) NOS.]. The changes are consistent with that proposes revisions to the STS by: The proposed amendment would: (1) Nuclear Regulatory Commission (NRC) [revise the TS surveillance requirement (SR) (1) [Revising the frequency of SR 3.1.3.2, approved Industry/Technical frequency in TS 3.1.3, ‘‘Control Rod notch testing of fully withdrawn control Specification Task Force (TSTF) STS OPERABILITY’’, (2) clarify the requirement rod, from ‘‘7 days after the control rod change TSTF–475, Revision 1. The to fully insert all insertable control rods for is withdrawn and THERMAL POWER is Federal Register notice published on the limiting condition for operation (LCO) in greater than the LPSP of RWM’’ to ‘‘31 TS 3.3.1.2, required Action E.2, ‘‘Source [DATE] announced the availability of days after the control rod is withdrawn Range Monitoring Instrumentation,’’ and (3)] this TS improvement through the and THERMAL POWER is greater than revise Example 1.4–3 in Section 1.4 consolidated line item improvement ‘‘Frequency’’ to clarify the applicability of process (CLIIP). the LPSP of the RWM’’, (2) adding the the 1.25 surveillance test interval extension. word ‘‘fully’’ to LCO 3.3.1.2 Required Attachment 1 provides a description of the 2.0 Assessment Action E.2 to clarify the requirement to proposed change, the requested confirmation fully insert all insertable control rods in of applicability, and plant-specific 2.1 Applicability of Published Safety Evaluation core cells containing one or more fuel verifications. Attachment 2 provides the assemblies when the associated SRM existing TS pages marked up to show the [LICENSEE] has reviewed the safety instrument is inoperable, and (3)] proposed change. Attachment 3 provides evaluation dated [DATE] as part of the revised (clean) TS pages. Attachment 4 revising Example 1.4–3 in Section 1.4 CLIIP. This review included a review of ‘‘Frequency’’ to clarify that the 1.25 provides a summary of the regulatory the NRC staff’s evaluation, as well as the commitments made in this submittal. surveillance test interval extension in [LICENSEE] requests approval of the supporting information provided to SR 3.0.2 is applicable to time periods proposed License Amendment by [DATE], support TSTF–475, Revision 1. discussed in NOTES in the with the amendment being implemented [BY [LICENSEE] has concluded that the ‘‘SURVEILLANCE’’ column in addition DATE OR WITHIN X DAYS]. justifications presented in the TSTF to the time periods in the In accordance with 10 CFR 50.91, a copy proposal and the safety evaluation ‘‘FREQUENCY’’ column. of this application, with attachments, is being prepared by the NRC staff are applicable provided to the designated [STATE] Official. to [PLANT, UNIT NOS.] and justify this 4.0 Environmental Evaluation I declare [or certify, verify, state] under amendment for the incorporation of the penalty of perjury that the foregoing is true changes to the [PLANT] TS. [LICENSEE] has reviewed the and correct. environmental evaluation included in If you should have any questions regarding 2.2 Optional Changes and Variations the model safety evaluation dated this submittal, please contact [NAME, [LICENSEE] is not proposing any [DATE] as part of the CLIIP. [LICENSEE] TELEPHONE NUMBER]. variations or deviations from the TS has concluded that the staff’s findings Sincerely, changes described in the modified presented in that evaluation are [Name, Title] TSTF–475, Revision 1 and the NRC applicable to [PLANT] and the Attachments: staff’s model safety evaluation dated evaluation is hereby incorporated by 1. Description and Assessment [DATE]. reference for this application. 2. Proposed Technical Specification Changes 3. Revised Technical Specification Pages 3.0 Regulatory Analysis ATTACHMENT 2—PROPOSED 4. Regulatory Commitments TECHNICAL SPECIFICATION 3.1 No Significant Hazards 5. Proposed Technical Specification Bases CHANGES (MARK-UP) Changes] Consideration Determination cc: [LICENSEE] has reviewed the ATTACHMENT 3—PROPOSED NRC Project Manager proposed no significant hazards TECHNICAL SPECIFICATION PAGES NRC Regional Office consideration determination (NSHCD) ATTACHMENT 4—LIST OF NRC Resident Inspector published in the Federal Register as REGULATORY COMMITMENTS State Contact part of the CLIIP. [LICENSEE] has Attachment 1—Description and concluded that the proposed NSHCD The following table identifies those Assessment presented in the Federal Register notice actions committed to by [LICENSEE] in this document. Any other statements in 1.0 Description is applicable to [PLANT] and is hereby incorporated by reference to satisfy the this submittal are provided for The proposed amendment would: (1) requirements of 10 CFR 50.91(a). information purposes and are not [Revise the TS surveillance requirement considered to be regulatory (SR 3.1.3.2) frequency in TS 3.1.3, 3.2 Verification and Commitments commitments. Please direct questions ‘‘Control Rod OPERABILITY’’, (2) As discussed in the notice of regarding these commitments to clarify the requirement to fully insert all availability published in the Federal [CONTACT NAME].

Regulatory commitments Due date/event

[[LICENSEE] will establish the Technical Specification Bases for [TS B 3.1.3, TS B 3.1.4, and TS B [Complete, implemented with 3.3.1.2] consistent with those shown in TSTF–475, Revision 1, ‘‘Control Rod Notch Testing Frequency amendment OR within X days of and SRM Insert Control Rod Action.’’]. implementation of amendment].

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ATTACHMENT 5—PROPOSED 3.1.3, ‘‘Control Rod OPERABILITY’’, (2) NUCLEAR REGULATORY CHANGES TO TECHNICAL clarify the requirement to fully insert all COMMISSION SPECIFICATION BASES PAGES insertable control rods for the limiting condition for operation (LCO) in TS 3.3.1.2, NUREG–1556, Volume 21, [Not required for plants only adopting Required Action E.2, ‘‘Source Range ‘‘Consolidated Guidance About portion of TSTF–475 change pertaining Monitoring Instrumentation’’ (NUREG–1434 Materials Licenses Program-Specific to TS Section 1.4 that provides example only), and (3) revise Example 1.4–3 in to SR Frequency] Section 1.4 ‘‘Frequency’’ to clarify the Guidance About Possession Licenses applicability of the 1.25 surveillance test for Production of Radioactive Material Proposed No Significant Hazards interval extension. The consequences of an Using an Accelerator’’ Consideration Determination accident after adopting TSTF–475, Revision 1 are no different than the consequences of AGENCY: Nuclear Regulatory Description of Amendment Request: Commission. [Plant Name] requests adoption of an an accident prior to adoption. Therefore, this change does not involve a significant ACTION: Notice of availability. approved change to the Standard increase in the probability or consequences Technical Specifications (STS) for of an accident previously evaluated. SUMMARY: The Nuclear Regulatory [General Electric (GE) Plants (NUREG– Commission (NRC) is announcing the Criterion 2—The Proposed Change Does Not 1433, BWR/4 and NUREG–1434, BWR/ completion and availability of NUREG– 6) and] plant specific technical Create the Possibility of a New or Different Kind of Accident from any Accident 1556, Volume 21, ‘‘Consolidated specifications (TS), that allows: (1) Previously Evaluated Guidance About Materials Licenses, [revising the frequency of SR 3.1.3.2, Program-Specific Guidance About notch testing of fully withdrawn control The proposed change does not involve a physical alteration of the plant (no new or Possession Licenses for Production of rod, from ‘‘7 days after the control rod different type of equipment will be installed) Radioactive Material Using an is withdrawn and THERMAL POWER is or a change in the methods governing normal Accelerator,’’ dated October 2007. greater than the LPSP of RWM’’ to ‘‘31 plant operation. The proposed change will ADDRESSES: Copies of NUREG–1556, days after the control rod is withdrawn not introduce new failure modes or effects Volume 21, may be purchased from the and THERMAL POWER is greater than and will not, in the absence of other Superintendent of Documents, U.S. unrelated failures, lead to an accident whose the LPSP of the RWM’’, (2) adding the Government Printing Office, P.O. Box word ‘‘fully’’ to LCO 3.3.1.2 Required consequences exceed the consequences of accidents previously analyzed. Thus, this 37082, Washington, DC 20402–9328; Action E.2 to clarify the requirement to www.access.gpo.gov/su_docs, 202–512– fully insert all insertable control rods in change does not create the possibility of a new or different kind of accident from any 1800 or The National Technical core cells containing one or more fuel accident previously evaluated. Information Service, Springfield, assemblies when the associated SRM Virginia 22161–0002; www.ntis.gov; 1– instrument is inoperable, and (3)] Criterion 3—The Proposed Change Does Not Involve a Significant Reduction in the Margin 800–533–6847 or, locally, 703–805– revising Example 1.4–3 in Section 1.4 6000. ‘‘Frequency’’ to clarify that the 1.25 of Safety TSTF–475, Revision 1 will: (1) [revise the A copy of the document is also surveillance test interval extension in available for inspection and/or copying SR 3.0.2 is applicable to time periods TS SR 3.1.3.2 frequency in TS 3.1.3, ‘‘Control Rod OPERABILITY’’, (2) clarify the for a fee in the NRC Public Document discussed in NOTES in the requirement to fully insert all insertable Room, 11555 Rockville Pike, Rockville, ‘‘SURVEILLANCE’’ column in addition control rods for the limiting condition for Maryland. Publicly available documents to the time periods in the operation (LCO) in TS 3.3.1.2, ‘‘Source Range created or received at the NRC after ‘‘FREQUENCY’’ column. The staff finds Monitoring Instrumentation,’’ and (3)] revise November 1, 1999, are available that the proposed STS changes are Example 1.4–3 in Section 1.4 ‘‘Frequency’’ to electronically at the NRC’s Electronic acceptable [because the number of clarify the applicability of the 1.25 surveillance test interval extension. [The GE Reading Room at http://www.nrc.gov/ control rod manipulations is reduced NRC/ADAMS/index.html. From this thereby reducing the opportunity for Nuclear Energy Report, ‘‘CRD Notching Surveillance Testing for Limerick Generating site, the public can gain entry into the potential reactivity events while having Station,’’ dated November 2006, concludes NRC’s Agencywide Document Access a very minimal impact on the extremely that extending the control rod notch test and Management System (ADAMS), high reliability of the CRD system as interval from weekly to monthly is not which provides text and image files of discussed in the technical evaluation expected to impact the reliability of the the NRC’s public documents. The section of this safety evaluation and] the scram system and that the analysis supports ADAMS Accession Number for the decision to change the surveillance discussion of the SR Frequency example NUREG–1556, Volume 21 is provides clarification. frequency.] Therefore, the proposed changes in TSTF–475, Revision 1 are acceptable and ML072900058. If you do not have access Basis for proposed no significant to ADAMS or if there are problems in hazards consideration determination: do not involve a significant reduction in a margin of safety. accessing the documents located in As required by 10 CFR 50.91(a), an Based upon the reasoning presented above ADAMS, contact the NRC PDR analysis of the issue of no significant and the previous discussion of the Reference staff at 1–800–397–4209, 301– hazards consideration is presented amendment request, the requested change 415–4737, or by e-mail to [email protected]. below: does not involve a significant hazards The document will also be posted on Criterion 1—The Proposed Change Does Not consideration. NRC’s public Web site at: http:// Involve a Significant Increase in the Dated at Rockville, Maryland, this 5th day www.nrc.gov/reading-rm/doc- Probability or Consequences of an Accident of November, 2007. collections/nuregs/staff/sr1556/ on the Previously Evaluated For the Nuclear Regulatory Commission. ‘‘Consolidated Guidance About The proposed change generically Timothy J. Kobetz, Materials Licenses (NUREG–1556)’’ Web implements TSTF–475, Revision 1, ‘‘Control Section Chief, Technical Specifications site page, and on the Office of Federal Rod Notch Testing Frequency and SRM Branch, Division of Inspection & Regional and State Materials and Environmental Insert Control Rod Action.’’ TSTF–475, Support, Office of Nuclear Reactor Revision 1 modifies NUREG–1433 (BWR/4) Management Programs’ NARM Regulation. and NUREG–1434 (BWR/6) STS. The (Naturally-Occurring and Accelerator- changes: (1) revise TS testing frequency for [FR Doc. E7–22159 Filed 11–9–07; 8:45 am] Produced Radioactive Material) Toolbox surveillance requirement (SR) 3.1.3.2 in TS BILLING CODE 7590–01–P Web site page at: http://nrc-stp.ornl.gov/

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narmtoolbox.html under the heading of (DHS), and the head of any other document does not include information ‘‘Licensing Guidance.’’ Some appropriate Federal agency, determines for the operation of the accelerator as publications in the NUREG series that would pose a threat similar to the threat NRC does not regulate the accelerator or are posted at NRC’s Web site address posed by a discrete source of radium– its operation. www.nrc.gov are updated regularly and 226 to the public health and safety or Volume 21 provides guidance related may differ from the last printed version. the common defense and security; and to each of the items that applicants A free single copy, to the extent of is extracted or converted after extraction supply, may be requested by writing to before, on, or after the date of enactment should address in their materials license Office of the Chief Information Officer, of the EPAct for use in a commercial, application, which includes items such Reproduction and Distribution Services, medical, or research activity (Section as radioactive material that will be U.S. Nuclear Regulatory Commission, 11e.(4) of the AEA). produced and its purpose; information Printing and Graphics Branch, NRC revised its regulations to provide on individuals responsible for the Washington, DC 20555–0001; facsimile: a regulatory framework that includes radiation safety program; training for (301) 415–2289; e-mail: these newly added radioactive individuals that will handle radioactive [email protected]. materials. See Federal Register notice material; description of the facilities and FOR FURTHER INFORMATION CONTACT: 72 FR 55864, dated October 1, 2007. As equipment used; and the radiation Torre Taylor, Division of part of the rulemaking effort to address safety program. There are some aspects Intergovernmental Liaison and the mandate of the EPAct, the NRC also of producing radioactive materials using Rulemaking, Office of Federal and State evaluated the need to revise certain an accelerator that are unique to this Materials and Environmental licensing guidance to provide necessary type of use and are discussed in the Management Programs, U.S. Nuclear guidance to applicants in preparing document. Some examples include Regulatory Commission, Washington, license applications to include the use training and experience for individuals of the newly added radioactive DC 20555–0001, telephone (301) 415– who will handle radioactive material materials as byproduct material. Two 7900, e-mail: [email protected]; or Duane during the maintenance and repair of NUREG–1556 documents are being White, Division of Materials Safety and the accelerator and other associated revised to provide additional guidance State Agreements, Office of Federal and to licensees: (1) NUREG–1556, Volume equipment, and guidance on the facility State Materials and Environmental 13, Revision 1, ‘‘Consolidated Guidance design and type of equipment needed to Management Programs, U.S. Nuclear About Materials Licenses—Program- transfer and handle large radioactive Regulatory Commission, Washington, Specific Guidance About Commercial materials with high activities. This DC 20555–0001, telephone (301) 415– Radiopharmacy Licenses,’’ and (2) document also includes guidance on the 6272, e-mail: [email protected]. NUREG–1556, Volume 9, Revision 2, production and noncommercial SUPPLEMENTARY INFORMATION: On August ‘‘Consolidated Guidance About distribution of positron emission 8, 2005, the President signed into law Materials Licenses—Program-Specific tomography radioactive drugs to the Energy Policy Act of 2005 (EPAct). Guidance About Medical Use Licenses.’’ consortium members. Among other provisions, Section 651(e) Additionally, a new NUREG–1556 of the EPAct expanded the definition of The remaining two NUREG–1556 volume was developed to address volumes were noticed separately: (1) byproduct material as defined in production of radioactive material using Section 11e. of the Atomic Energy Act NUREG–1556, Volume 13, Revision 1, an accelerator. This NUREG–1556 on July 3, 2007 (72 FR 36526), and (2) of 1954 (AEA), placing additional volume is entitled: Volume 21, NUREG–1556, Volume 9, Revision 2, on byproduct material under the NRC’s ‘‘Consolidated Guidance About jurisdiction, and required the Materials Licenses—Program-Specific August 2, 2007 (72 FR 42442). These Commission to provide a regulatory Guidance About Possession Licenses for two NUREGs are being finalized and framework for licensing and regulating Production of Radioactive Material will be available in the near future. these additional byproduct materials. Using an Accelerator.’’ Dated at Rockville, Maryland, this 1st day Specifically, Section 651(e) of the NUREG–1556, Volume 21, of November, 2007. EPAct expanded the definition of ‘‘Consolidated Guidance About For the Nuclear Regulatory Commission. byproduct material by: (1) Adding any Materials Licenses—Program-Specific discrete source of radium-226 that is Guidance About Possession Licenses for Patrice M. Bubar, produced, extracted, or converted after Production of Radioactive Material Deputy Director, Division of extraction, before, on, or after the date Using an Accelerator’’ was noticed for Intergovernmental Liaison and Rulemaking, of enactment of the EPAct for use for a public comment on May 29, 2007 (72 FR Office of Federal and State Materials and commercial, medical, or research 29555). Six comment letters were Environmental Management Programs. activity; or any material that has been received and these comments were [FR Doc. E7–22157 Filed 11–9–07; 8:45 am] made radioactive by use of a particle considered by the staff as this NUREG BILLING CODE 7590–01–P accelerator and is produced, extracted, was finalized. or converted after extraction, before, on, NUREG–1556, Volume 21, provides or after the date of enactment of the guidance on preparing a license EPAct for use for a commercial, application for the production of medical, or research activity (Section radioactive material using an 11e.(3) of the AEA); and (2) adding any accelerator(s). It also includes the discrete source of naturally occurring criteria that NRC staff will use in radioactive material, other than source evaluating license applications for this material, that the Commission, in use. This document includes guidance consultation with the Administrator of that is specific to the activities that take the Environmental Protection Agency place once radioactive materials are (EPA), the Secretary of the Department produced by the accelerator, which of Energy (DOE), the Secretary of the include material in the target and Department of Homeland Security associated activation products. This

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SECURITIES AND EXCHANGE of the most significant aspects of such B. Self-Regulatory Organization’s COMMISSION statements. Statement on Burden on Competition [Release No. 34–56749; File No. SR–CBOE– A. Self-Regulatory Organization’s The Exchange does not believe that 2007–128] Statement of the Purpose of, and the proposed rule change will impose Statutory Basis for, the Proposed Rule any burden on competition that is not Self-Regulatory Organizations; Change necessary or appropriate in furtherance Chicago Board Options Exchange, of the purposes of the Act. Incorporated; Notice of Filing and 1. Purpose Immediate Effectiveness of a Proposed C. Self-Regulatory Organization’s Rule Change, as Modified by CBOE proposes to amend its Statement on Comments on the Amendment No. 1 Thereto, Related to Marketing Fee Program as follows. First, Proposed Rule Change Received from the Marketing Fee Program CBOE proposes to increase the fee from Members, Participants, or Others $.10 to $.30 in the following Penny Pilot No written comments were solicited November 6, 2007. classes: Equity classes, OIH, and SMH. or received with respect to the proposed Pursuant to Section 19(b)(1) of the CBOE also proposes to begin to assess rule change. Securities Exchange Act of 1934 the marketing fee at the rate of $.30 in 1 2 III. Date of Effectiveness of the (‘‘Act’’) and Rule 19b–4 thereunder, XLE and XLF, which are also Penny notice is hereby given that on November Proposed Rule Change and Timing for Pilot classes. As a result of this change, Commission Action 1, 2007, the Chicago Board Options CBOE’s marketing fee in these classes Exchange, Incorporated (‘‘CBOE’’ or will be more competitive with the The foregoing proposed rule change ‘‘Exchange’’) filed with the Securities payment for order flow fee other options has been designated as a fee change and Exchange Commission exchanges assess in these option classes, pursuant to Section 19(b)(3)(A)(ii) of the (‘‘Commission’’) the proposed rule 7 8 and allow CBOE market-makers to Act and Rule 19b–4(f)(2) thereunder, change as described in Items I, II, and compete better for order flow in these because it establishes or changes a due, III below, which Items have been fee, or other charge imposed by the option classes. CBOE will continue to substantially prepared by the Exchange. Exchange. Accordingly, the proposal collect the marketing fee at the rate of On November 2, 2007, the CBOE will take effect upon filing with the $.10 per contract in DIA and SPY, and submitted Amendment No. 1 to the Commission. At any time within 60 not collect the marketing fee in QQQQ proposed rule change. CBOE has days of the filing of such proposed rule designated this proposal as one and IWM. change, the Commission may summarily establishing or changing a due, fee, or Second, CBOE also proposes to begin abrogate such rule change if it appears other charge imposed by CBOE under to assess the marketing fee, at the to the Commission that such action is Section 19(b)(3)(A)(ii) of the Act 3 and current rate of 65 cents per contract, in necessary or appropriate in the public Rule 19b–4(f)(2) thereunder,4 which all ETF and index option classes in interest, for the protection of investors, renders the proposal effective upon which CBOE currently does not assess or otherwise in furtherance of the filing with the Commission. The the marketing fee, except for the purposes of the Act.9 Commission is publishing this notice to following option classes in which CBOE IV. Solicitation of Comments solicit comments on the proposed rule does not intend to assess the fee: DJX, change, as amended, from interested DXL, EEM, EWC, EWT, IWM, MNX, Interested persons are invited to persons. MVR, OEX, QQQQ, RSP, SPX, VIX, submit written data, views, and arguments concerning the foregoing, I. Self-Regulatory Organization’s VPL, VWO, XBI, XEO, XSP, credit including whether the proposed rule Statement of the Terms of Substance of default options, and credit default change is consistent with the Act. the Proposed Rule Change basket options. Similar to the proposed change relating to certain Penny Pilot Comments may be submitted by any of CBOE proposes to amend its the following methods: Marketing Fee Program. The text of the classes, CBOE believes that collecting proposed rule change is available at the the marketing fee in these option classes Electronic Comments Exchange, the Commission’s Public will allow CBOE market-makers to • Use the Commission’s Internet Reference Room, and www.cboe.com. compete better for order flow in these comment form (http://www.sec.gov/ option classes. rules/sro.shtml); or II. Self-Regulatory Organization’s CBOE proposes to implement these • Send an e-mail to rule- Statement of the Purpose of, and changes to the marketing fee program [email protected]. Please include File Statutory Basis for, the Proposed Rule beginning on November 1, 2007. CBOE Number SR–CBOE–2007–128 on the Change is not amending its marketing fee subject line. In its filing with the Commission, the program in any other respects. Exchange included statements Paper Comments: concerning the purpose of, and basis for, 2. Statutory Basis • Send paper comments in triplicate the proposed rule change, and discussed to Nancy M. Morris, Secretary, The Exchange believes that the any comments it received on the Securities and Exchange Commission, proposed rule change is consistent with proposed rule change. The text of these 100 F Street, NE., Washington, DC Section 6(b) of the Act 5 statements may be examined at the in general, and 20549–1090. furthers the objectives of Section 6(b)(4) places specified in Item IV below. CBOE 6 has substantially prepared summaries, of the Act in particular, in that it is 7 15 U.S.C. 78s(b)(3)(A)(ii). set forth in Sections A, B, and C below, designed to provide for the equitable 8 17 CFR 240.19b–4(f)(2). allocation of reasonable dues, fees, and 9 For purposes of calculating the 60-day period within which the Commission may summarily 1 other charges among CBOE members. 15 U.S.C. 78s(b)(1). abrogate the proposed rule change, the Commission 2 17 CFR 240.19b–4. considers the period to commence on November 2, 3 15 U.S.C. 78s(b)(3)(A)(ii). 5 15 U.S.C. 78f(b). 2007, the date on which the Exchange filed 4 17 CFR 240.19b–4(f)(2). 6 15 U.S.C. 78f(b)(4). Amendment No. 1.

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All submissions should refer to File SECURITIES AND EXCHANGE supervising the activities of persons Number SR–CBOE–2007–128. This file COMMISSION associated with the member at one or more other branch offices of the number should be included on the [Release No. 34–56742; File No. SR–FINRA– subject line if e-mail is used. To help the 2007–008] member. Commission process and review your In July 2006, amendments to the comments more efficiently, please use Self-Regulatory Organizations; branch office definition under NASD only one method. The Commission will Financial Industry Regulatory Rule 3010(g)(2) went into effect 5 post all comments on the Commission’s Authority, Inc.; Order Approving (‘‘Uniform Branch Office Definition’’). The Uniform Branch Office Definition Internet Web site (http://www.sec.gov/ Proposed Rule Change To Amend the was developed collectively by FINRA rules/sro.shtml ). Copies of the Definition of Office of Supervisory (then known as NASD), the New York submission, all subsequent Jurisdiction in NASD Rule 3010(g)(1) To Exempt Locations That Solely Stock Exchange LLC (‘‘NYSE’’) and the amendments, all written statements North American Securities with respect to the proposed rule Conduct Final Approval of Research Reports Administrators Association to establish change that are filed with the a national standard. In conjunction with Commission, and all written November 5, 2007. the new Uniform Branch Office communications relating to the I. Introduction Definition, a Form BR was introduced to proposed rule change between the provide a more efficient, standardized Commission and any person, other than On August 30, 2007, the Financial method for members to register branch those that may be withheld from the Industry Regulatory Authority, Inc. office locations. public in accordance with the (‘‘FINRA’’) (f/k/a the National Although FINRA and NYSE sought to provisions of 5 U.S.C. 552, will be Association of Securities Dealers, Inc. adopt consistent interpretations of the available for inspection and copying in (‘‘NASD’’)) filed with the Securities and new Uniform Branch Office Definition, the Commission’s Public Reference Exchange Commission (‘‘Commission’’) there were nevertheless different pursuant to Section 19(b)(1) of the Room, 100 F Street, NE., Washington, classifications of a location where final Securities Exchange Act of 1934 DC 20549, on official business days approval of research reports by a (‘‘Act’’)1 and Rule 19b–4 thereunder,2 a between the hours of 10 am and 3 pm. principal occurs. Under NASD’s current proposed rule change to amend the rules, final review of advertising or sales Copies of such filing also will be definition of Office of Supervisory literature (which includes research available for inspection and copying at Jurisdiction (‘‘OSJ’’) in NASD Rule reports) makes a location an OSJ, and the principal office of CBOE. All 3010(g)(1) to exempt locations that therefore a branch office. NYSE’s rules, comments received will be posted solely conduct final approval of however, do not include an OSJ without change; the Commission does research reports. The proposed rule definition,6 and NYSE stated in an not edit personal identifying change was published for comment in Information Memo that it deems a information from submissions. You the Federal Register on October 5, location where a member stations a should submit only information that 2007.3 The Commission received two qualified supervisory analyst solely to you wish to make available publicly. All comment letters in support of the review research reports as a ‘‘non-sales submissions should refer to File proposal.4 This order approves the location,’’ which is an express exclusion Number SR–CBOE–2007–128 and proposed rule change. from the Uniform Branch Office 7 should be submitted on or before II. Description of the Proposal Definition. December 4, 2007. Due to this inconsistency, NASD NASD Rule 3010(g)(1) currently published Notice to Members 07–12 in For the Commission, by the Division of defines OSJ to mean any office of a February 2007 seeking comment on a Market Regulation, pursuant to delegated member at which any one or more of the rule harmonization proposal to authority.10 following functions takes place: (a) eliminate the definition of OSJ from the Florence E. Harmon, Order execution and/or market making; NASD manual. After reviewing the (b) structuring of public offerings or Deputy Secretary. twenty comments received on the private placements; (c) maintaining [FR Doc. E7–22098 Filed 11–9–07; 8:45 am] original proposal set forth in its Notice custody of customers’ funds and/or to Members 07–12, FINRA determined BILLING CODE 8011–01–P securities; (d) final acceptance not to move forward with the broad (approval) of new accounts on behalf of proposal to eliminate the definition of the member; (e) review and OSJ and adopt new classifications for endorsement of customer orders, office locations. Instead, consistent with pursuant to paragraph (d) above; (f) final many of its commenters’ approval of advertising or sales recommendation, FINRA proposed to literature for use by persons associated amend the definition of OSJ in the with the member, pursuant to NASD NASD rules to exclude locations that Rule 2210(b)(1); or (g) responsibility for solely conduct final approval of research reports, thereby enabling 1 15 U.S.C. 78s(b)(l). 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 52403 3 See Securities Exchange Act Release No. 56585 (September 9, 2005), 70 FR 54782 (September 16, (October 1, 2007), 72 FR 57081. 2005) (SR–NASD–2003–104) (order approving 4 See letters to Nancy M. Morris, Secretary, Uniform Branch Office Definition). Commission, from Marian H. Desilets, President, 6 See NYSE Rule 342 (Offices—Approval, Association of Registration Management, Inc., dated Supervision and Control), which contains the October 25, 2007, and Jill Ostergaard and Uniform Branch Office Definition. Christopher Mahon, Co-Chairs, Securities Industry 7 See NYSE Information Memo 06–13 (March 22, and Financial Markets Association Self Regulation 2006) (Joint Interpretive Guidance from NYSE and and Supervisory Practices Committee, dated NASD Relating to the Uniform Branch Office 10 17 CFR 200.30–3(a)(12). October 30, 2007. Definition, Question and Answer #5).

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FINRA to deem such locations to be SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s ‘‘non-sales locations.’’ COMMISSION Statement of the Purpose of, and Statutory Basis for, the Proposed Rule III. Discussion and Commission Change Findings [Release No. 34–56747; File No. SR–NYSE– 2006–99] 1. Purpose The Commission has carefully reviewed the proposed rule change and Self-Regulatory Organizations; New The Exchange proposes to allow the York Stock Exchange LLC; Notice of finds that it is consistent with the specialist proprietary algorithm Filing of Proposed Rule Change and requirements of the Act and the rules (‘‘Specialist Algorithm’’) to generate Amendment Nos. 2 and 3 Thereto trading messages that provide and regulations thereunder applicable to Relating to Rule 104 (Dealings by supplemental specialist volume to a national securities association.8 In Specialists) partially or completely fill an order at a particular, the Commission finds that sweep price. Through the NYSE the proposed rule change is consistent November 5, 2007. HYBRID MARKETSM (‘‘Hybrid 9 with Section 15A(b)(6) of the Act, Pursuant to Section 19(b)(1) 1 of the Market’’) 4 the Exchange permitted which requires, among other things, that Securities Exchange Act of 1934 specialists to establish electronic FINRA rules be designed to prevent (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 connections to the Display Book 5 fraudulent and manipulative acts and notice is hereby given that on November (‘‘Display Book’’). Specifically, the practices, to promote just and equitable 9, 2006, the New York Stock Exchange Specialist Algorithm generates quote principles of trade, and, in general, to LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed and trade messages based on protect investors and the public interest. with the Securities and Exchange predetermined parameters to The Commission believes that the Commission the proposed rule change electronically participate in the Hybrid proposed rule change will resolve the as described in Items I, II, and III below, Market. The Specialist Algorithm is conflicting provisions in NASD and which Items have been prepared by the designed to communicate with the NYSE rules over the classification of Exchange. The Exchange filed and Display Book system via an Exchange- locations that solely conduct final withdrew Amendment No. 1 to the owned external Application Program proposal on October 24, 2007 and approval of research reports, and Interface (‘‘API’’). October 29, 2007, respectively. The promote greater consistency in the In the Hybrid Market, the Specialist Exchange filed Amendment Nos. 2 and application of the Uniform Branch Algorithm is permitted to send messages 3 on October 29, 2007 and November 5, to the Display Book via the API to quote Office Definition. The Commission also 2007, respectively. The Commission is believes that providing an exemption or trade on behalf of the specialist’s publishing this notice to solicit proprietary interest. The Specialist from the definition of OSJs to such comments on the proposed rule change, locations will reduce regulatory Algorithm may generate these quoting as amended, from interested persons. or trading messages in reaction to inefficiencies and eliminate specific types of information. This unnecessary costs to member firms. I. Self-Regulatory Organization’s Statement of the Terms of Substance of information includes specialist dealer IV. Conclusion the Proposed Rule Change position, existing quotes, publicly available information the specialist It is therefore ordered, pursuant to The NYSE is proposing an chooses to supply to the algorithm, Section 19(b)(2) of the Act,10 that the amendment to Exchange Rule 104 incoming orders as they are entering proposed rule change (SR–FINRA– (Dealings by Specialists) to allow the Exchange systems, and information 2007–008), be, and hereby is, approved. specialist’s algorithm systems to about orders on the Display Book, FINRA will announce the effective date generate trading messages that provide which include limit orders, and of the proposed rule change in a supplemental specialist volume to percentage orders. This latter Regulatory Notice to be published no partially or completely fill an order at a information stream is known as ‘‘state of later than 60 days following sweep price. The text of the proposed the book’’ information. Commission approval. The effective rule change is available at the NYSE, the Based on discussions of Hybrid date will be the date of publication of Commission’s Public Reference Room, Market features with members and the Regulatory Notice announcing and http://www.nyse.com. advisory committees the Exchange has Commission approval. II. Self-Regulatory Organization’s effected selective changes to certain aspects of the Hybrid Market to produce For the Commission, by the Division of Statement of the Purpose of, and a trading venue that best addresses the Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule various needs of our members and authority.11 Change customers. Florence E. Harmon, In its filing with the Commission, the The Exchange seeks to amend Rule Deputy Secretary. Exchange included statements 104(b)(i)(F) to allow the Specialist [FR Doc. E7–22064 Filed 11–9–07; 8:45 am] concerning the purpose of and basis for Algorithm to provide supplemental BILLING CODE 8011–01–P the proposed rule change. The text of specialist volume to partially or these statements may be examined at completely fill an order at a sweep price the places specified in Item IV below. The Exchange has prepared summaries, 4 See Securities Exchange Act Release No. 53539 8 In approving this proposed rule change, the set forth in sections A, B, and C below, (March 22, 2006), 71 FR 16353 (March 31, 2006) Commission has considered the proposed rule’s of the most significant aspects of such (SR–NYSE–2004–05). impact on efficiency, competition, and capital statements. 5 The Display Book is an order management and formation. See 15 U.S.C. 78c(f). execution facility. It receives and displays orders to the specialist, contains the orders received by the 9 15 U.S.C. 78o–3(b)(6). 1 15 U.S.C. 78s(b)(1). specialist (the ‘‘Book’’), and provides a mechanism 10 15 U.S.C. 78s(b)(2). 2 15 U.S.C. 78a. to execute and report transactions to the 11 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. Consolidated Tape.

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as described further below.6 Currently, customer order. For example, if 5,000 Exchange best bid or offer or at a Rule 104(b)(i)(F) permits the Specialist shares of an automatically executing particular sweep price. In other words, Algorithm to generate a trading message market order to sell remain unfilled the specialist will not have two to provide supplemental specialist after trading with the displayed volume opportunities to provide supplemental volume at the Exchange published best at the Exchange best bid and any reserve specialist volume to the incoming order bid or offer (‘‘BBO’’). This supplemental interest at that price, the Specialist at the Exchange best bid or offer and specialist volume is not displayed and Algorithm can send a trading message to also at a particular price point should is not part of the specialist reserve buy all or some of the remaining 5,000 the order sweep the Display Book. There interest. With respect to priority and shares at the same price (i.e., the will be no change with respect to parity, supplemental specialist volume Exchange best bid). If the specialist buys priority and parity. The supplemental yields to displayed and reserve interest less than the full size remaining, the specialist volume will continue to yield (i.e., supplemental specialist volume order will sweep the orders on the will not trade before customer limit Display Book including customer limit to displayed and reserve interest at each orders, Floor broker agency interest and orders, Floor broker agency and price point and will be on parity with specialist interest). However, specialist interest files to the extent G orders. The specialist’s algorithm will supplemental specialist volume are on permitted, until filled, its limit, if any, make a determination about where and parity with member organizations’ off- is reached or a Liquidity Replenishment how much supplemental specialist Floor proprietary orders entered by Point (‘‘LRP’’) is triggered, whichever volume to provide based on the state of Floor brokers pursuant to Section comes first. the book information when the order is 11(a)(1)(G) of the Act,7 and Rule 11a1– The Exchange seeks to further provide received by Exchange systems. An 1(T) 8 thereunder (‘‘G’’ orders). its customers with additional example of the proposed amendment to Additionally, Exchange systems do not opportunities for a better priced permit a trading message to provide permit a trading message to provide execution by allowing the specialist to supplemental specialist volume to supplemental specialist volume that also partially or completely fill an order partially or completely fill an order at a would trade-through a protected beyond the Exchange published best bid sweep price is set forth below: quotation in violation of the Regulation or offer at a sweep price. The Specialist National Market System’s Order Algorithm will generate this trading The Exchange best bid is $5.05 and 4,000 Protection Rule.9 message in reaction to one order at a shares (2,000 shares displayed and 2,000 This trading message enables time and only as that order is entering shares of non-displayed reserved interest) are specialists, through the use of their Exchange systems. Additionally, this available. The Exchange best offer is $5.10 algorithms, to provide more volume trading message will only be able to and 2,000 shares (1,000 shares displayed and where, technically, there is no other interact with the targeted order to add 1,000 shares of non-displayed reserve interest) are available. interest available to trade with the volume at one place, either at the

Reserve Reserve Supplemental specialist volume interest Buy LMT 100ths Sell LMT interest

...... 5.12 ...... 5.11 ...... 5.10 1,000 1,000 2,000 2,000 5.05 ...... 1,000 1,000 5.04 ...... 1,000 ...... 2,000 ...... 5.03 ...... 1,000 ...... 5.02 ......

1. An automatically executing market order volume at the Exchange best bid and the shares unfilled. No other customer interest to sell for 9,000 shares is received by 2,000 shares of reserve interest at that price. exists at this price point. Exchange systems. 4. In the absence of any other available 7. At the price point of $5.03, the Specialist 2. Based on the state of the book, the interest at the Exchange bid, the order will Algorithm has previously determined to Specialist Algorithm has determined based start to sweep the orders on the Display Book provide supplemental volume and sent a on the state of the book, not to provide and Floor broker agency and specialist trading message to provide 1,000 shares of supplemental specialist volume at the bid interest files at each price point beyond the supplemental specialist volume to interact (i.e., buy all or some of the 5,000 shares at Exchange best bid. with the sell order at the same price point. 8. Having exhausted all the available the same price, $5.05). However, the 5. At the price point of $5.04, there is displayed and reserve buy interest at the Specialist Algorithm determines to provide another 1,000 shares of displayed and 1,000 price point of $5.03; the sell order now supplemental volume at the price of $5.03 shares of reserve buy interest. The sell order interacts with the specialist’s trading message and accordingly sends a trading message to executes first against the displayed buy to buy the remaining 1,000 shares of the sell provide 1,000 shares of supplemental interest and then against the reserve buy order completing the execution. specialist volume to interact with the sell interest. Therefore, 2,000 shares are executed, order at $5.03. leaving 3,000 shares of the sell order unfilled. In this example, the supplemental 3. 4,000 shares of the automatically 6. At the price point of $5.03, there is specialist volume provided the sell executing sell order will execute against the another 2,000 shares of reserve buy interest. order with an opportunity for a better Exchange best bid at a price of $5.05 leaving The sell order executes against that buy priced execution and also aided in 5,000 shares of the sell order unfilled after interest. Therefore, 2,000 shares of the sell dampening volatility by limiting how trading with the 2,000 shares of displayed order are filled leaving a balance of 1,000 far the order swept down to lower price

6 The instant filing was initially filed with the Commission approval on or about January 24, 2007. 8 17 CFR 240.11a–1(T). Commission on November 9, 2006. The Exchange The proposed rule change, as amended, is intended 9 See Securities Exchange Act Release No. 51808 states that the proposed functionality inadvertently to codify the current Exchange system functionality. (June 9, 2005), 70 FR 37496 (June 29, 2005), 17 CFR became operational in Exchange systems without 7 15 U.S.C. 78k(a)(1)(G). 242.611.

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points before it was fully executed. III. Date of Effectiveness of the Copies of such filing also will be Thus, if the Specialist Algorithm had Proposed Rule Change and Timing for available for inspection and copying at not determined to provide supplemental Commission Action the principal office of the NYSE. All specialist volume at the price point of Within 35 days of the date of comments received will be posted $5.03, the sell order would have publication of this notice in the Federal without change; the Commission does continued its sweep down the Display Register or within such longer period (i) not edit personal identifying Book and interacted with the available as the Commission may designate up to information from submissions. You interest at the next price point of $5.02 90 days of such date if it finds such should submit only information that completing the execution. If the longer period to be appropriate and you wish to make available publicly. All specialist trading message did not publishes its reasons for so finding or submissions should refer to File provide enough supplemental volume to (ii) as to which the Exchange consents, Number SR–NYSE–2006–99 and should complete the order it would have the Commission will: be submitted on or before December 4, continued to sweep the orders on the (A) by order approve the proposed 2007. Display Book to the extent permitted rule change, or For the Commission, by the Division of until: (a) Filled; (b) its limit, if any was (B) institute proceedings to determine Market Regulation, pursuant to delegated reached; or (c) an LRP was triggered, whether the proposed rule change authority.11 whichever occurred first. should be disapproved. Florence E. Harmon, It should be noted that the specialist IV. Solicitation of Comments Deputy Secretary. is not required to buy the full size Interested persons are invited to [FR Doc. E7–22066 Filed 11–9–07; 8:45 am] remaining of the sell order at the BILLING CODE 8011–01–P particular sweep price. The Exchange submit written data, views and states that there is no disadvantage to arguments concerning the foregoing, including whether the proposed rule the customer in allowing the specialists SECURITIES AND EXCHANGE change, as amended, is consistent with to partially fill an order at a particular COMMISSION sweep price especially when applicable the Exchange Act. Comments may be rules only allow the supplemental submitted by any of the following [Release No. 34–56753; File No. SR–NYSE– specialist volume to interact with the methods: 2007–97] order when no other interest exists. Electronic Comments Under these circumstances, the order is Self-Regulatory Organizations; New • Use the Commission’s Internet afforded a better priced execution that it York Stock Exchange LLC; Notice of comment form (http://www.sec.gov/ otherwise would not have. Filing and Immediate Effectiveness of rules/sro.shtml); or Proposed Rule Change To Clarify That • 2. Statutory Basis Send e-mail to rule- a Member Organization May Still Use [email protected]. Please include File The basis under the Act for this the Express Consent Procedure for Number SR–NYSE–2006–99 on the Obtaining Consent From a Customer proposed rule change is the requirement subject line. under Section 6(b)(5) 10 that an To Trade Along on an Order-By-Order Exchange have rules that are designed to Paper Comments Basis Under Rule 92(b) promote just and equitable principles of • Send paper comments in triplicate November 6, 2007. trade, to remove impediments to and to Nancy M. Morris, Secretary, Pursuant to Section 19(b)(1) of the perfect the mechanism of a free and Securities and Exchange Commission, Securities Exchange Act of 1934 open market and a national market 100 F Street, NE., Washington, DC (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 system, and, in general, to protect 20549. notice is hereby given that on October investors and the public interest. The All submissions should refer to File 31, 2007, the New York Stock Exchange proposed rule change is consistent with Number SR–NYSE–2006–99. This file LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with these objectives in that it provides number should be included on the the Securities and Exchange additional trading messages to the subject line if e-mail is used. To help the Commission (‘‘Commission’’) the Specialist Algorithm, which will further Commission process and review your proposed rule change as described in enable the specialist to meet its comments more efficiently, please use Items I, II, and III below, which Items obligation of maintaining a fair and only one method. The Commission will have been substantially prepared by orderly market. post all comments on the Commission’s NYSE. The Exchange has designated B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ this proposal as one constituting a Statement on Burden on Competition rules/sro.shtml). Copies of the stated policy, practice, or interpretation submission, all subsequent with respect to the meaning, The Exchange does not believe that amendments, all written statements administration, or enforcement of an the proposed rule change will impose with respect to the proposed rule existing rule under Section any burden on competition that is not change that are filed with the 19(b)(3)(A)(i) of the Act 3 and Rule 19b– necessary or appropriate in furtherance Commission, and all written 4(f)(1) thereunder,4 which renders it of the purposes of the Act. communications relating to the effective upon filing with the C. Self-Regulatory Organization’s proposed rule change between the Commission. The Commission is Statement on Comments on the Commission and any person, other than publishing this notice to solicit Proposed Rule Change Received From those that may be withheld from the comments on the proposed rule change Members, Participants or Others public in accordance with the from interested persons. provisions of 5 U.S.C. 552, will be The Exchange has neither solicited available for inspection and copying in 11 17 CFR 200.30–3(a)(12). nor received written comments on the the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1). proposed rule change. Room, 100 F Street, NE., Washington, 2 17 CFR 240.19b–4. DC 20549, on official business days 3 15 U.S.C. 78s(b)(3)(A)(i). 10 15 U.S.C. 78f(b)(5). between the hours of 10 a.m. and 3 p.m. 4 17 CFR 240.19b–4(f)(1).

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I. Self-Regulatory Organization’s not keep the text of the express consent 2. Statutory Basis Statement of the Terms of Substance of procedure in the rule. The basis under the Act for this the Proposed Rule Change As explained in the Information proposed rule change is the requirement The Exchange proposes to clarify the Memo, in expanding the consent under Section 6(b)(5) 8 that an Exchange consent provisions for trading along procedures under Rule 92(b), the have rules that are designed to promote under NYSE Rule 92 in an NYSE Exchange did not intend to prohibit the just and equitable principles of trade, to Regulation, Inc. (‘‘NYSE Regulation’’) use of the express consent procedure for remove impediments to and perfect the Information Memo (‘‘Information obtaining trade-along consent in a given mechanism of a free and open market Memo’’). The text of the proposed rule instance. The Information Memo and a national market system, and, in change is available at NYSE, the clarifies that a member organization general, to protect investors and the Commission’s Public Reference Room, may still use the express consent public interest. and www.nyse.com. procedure for obtaining consent from a customer to trade along on an order-by- B. Self-Regulatory Organization’s II. Self-Regulatory Organization’s order basis under Rule 92(b). Statement on Burden on Competition Statement of the Purpose of, and Accordingly, if a customer does not The Exchange does not believe that Statutory Basis for, the Proposed Rule want to provide blanket affirmative the proposed rule change will impose Change consent, a member organization may any burden on competition that is not In its filing with the Commission, the still obtain consent on an order-by-order necessary or appropriate in furtherance Exchange included statements basis to trade along with an order from of the purposes of the Act. that customer. concerning the purpose of, and basis for, C. Self-Regulatory Organization’s In addition, the Information Memo the proposed rule change and discussed Statement on Comments on the any comments it received on the advises member organizations of a Proposed Rule Change Received From proposed rule change. The text of these recent NYSE Regulation Hearing Panel Members, Participants or Others statements may be examined at the decision concerning the express consent The Exchange has neither solicited places specified in Item IV below. The procedure. In that decision, a member nor received written comments on the Exchange has prepared summaries, set organization was fined for failing to proposed rule change. forth in Sections A, B, and C below, of adhere to principles of good business the most significant aspects of such practice because it did not record both III. Date of Effectiveness of the statements. the customer contact name and the Proposed Rule Change and Timing for percentage split when documenting Commission Action A. Self-Regulatory Organization’s whether a customer provided trade- Statement of the Purpose of, and along consent under the Rule 92(b) The foregoing proposed rule change has become effective pursuant to Statutory Basis for, the Proposed Rule express consent procedure.6 The Section 19(b)(3)(A)(i) of the Act 9 Change Information Memo informs member and subparagraph (f)(1) of Rule 19b–4 1. Purpose organizations that NYSE Regulation 10 considers the failure to document the thereunder, because it constitutes a On July 5, 2007, the Commission contact name of the person who stated policy, practice, or interpretation approved amendments to NYSE Rule 92 provided the express consent to be a with respect to the meaning, that, among other things, expanded the violation not only of NYSE Rule 401, administration, or enforcement of an consent provisions for trading along but of NYSE Rule 92 as well. existing rule. At any time within 60 5 under Rule 92(b). Under the pre- The Information Memo also addresses days of the filing of the proposed rule amended version of the rule, members the September 30, 2007 deadline that change, the Commission may summarily or member organizations could trade was part of the original filing. The abrogate such rule change if it appears along with a customer order that could purpose of that deadline was to provide to the Commission that such action is be executed at the same price so long as member organizations with a grace necessary or appropriate in the public the customer had given express period to make the written disclosures interest, for the protection of investors, permission, including an understanding required under amended Rule 92. That or otherwise in furtherance of the of the relative price and size of allocated three-month grace period provided purposes of the Act. execution reports (‘‘express consent firms with the opportunity to use the IV. Solicitation of Comments procedure’’). Under the express consent new affirmative consent process Interested persons are invited to procedure, members or member immediately upon approval of the organizations needed to obtain and submit written data, views, and amended rule, even before their written arguments concerning the foregoing, document such consent on an order-by- disclosures were finalized, so long as order basis. including whether the proposed rule the process of making written change is consistent with the Act. As amended, a member or member disclosures and documenting the orally- organization can trade along with a Comments may be submitted by any of provided consents was completed by the following methods: customer order under Rule 92(b) so long September 30, 2007. Because the grace as the member organization period has expired, member Electronic Comments ‘‘periodically provides written organizations must provide written • Use the Commission’s Internet disclosures to its customers and obtains disclosures to their customers and comment form (http://www.sec.gov/ and documents affirmative consent’’ document the customers’ affirmative rules/sro.shtml); or (‘‘affirmative consent procedure’’). consents before they may trade along Because the affirmative consent with such customers.7 a number of member organizations regarding the procedure is broader than the express scope and application of amended Rule 92(b). That consent procedure, the Exchange did 6 See In re Merrill Lynch, Pierce, Fenner & Smith portion of the Information Memo is not subject to Incorporated, NYSE Hearing Board Decision 07–005 this rule filing. 5 See Securities Exchange Act Release No. 56017 (January 12, 2007). 8 15 U.S.C. 78f(b)(5). (July 5, 2007), 72 FR 38110 (July 12, 2007) (SR– 7 In addition, the Information Memo answers 9 15 U.S.C. 78s(b)(3)(A)(i). NYSE–2007–21). inquiries that NYSE Regulation has received from 10 17 CFR 240.19b–4(f)(1).

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• Send an e-mail to rule- DATE: November 26, 2007—4:30 p.m. to Dated: November 6, 2007. [email protected]. Please include File 8:30 p.m. Eastern Standard Time, Ticket Chris Silanskis, Number SR–NYSE–2007–97 on the to Work and Work Incentives Advisory Designated Federal Officer. subject line. Panel Conference Call, Call-in number: [FR Doc. E7–22171 Filed 11–9–07; 8:45 am] 1–888–790–4158, Pass code: PANEL Paper Comments BILLING CODE 4191–02–P • TELECONFERENCE, Leader/Host: Send paper comments in triplicate Berthy De la Rosa-Aponte. to Nancy M. Morris, Secretary, Securities and Exchange Commission, SUPPLEMENTARY INFORMATION: DEPARTMENT OF STATE 100 F Street, NE., Washington, DC Type of meeting: On November 26, 20549–1090. 2007, the Ticket to Work and Work All submissions should refer to File Incentives Advisory Panel (the ‘‘Panel’’) [Public Notice 5989] Number SR–NYSE–2007–97. This file will hold a teleconference. This Culturally Significant Objects Imported number should be included on the teleconference meeting is open to the for Exhibition Determinations: subject line if e-mail is used. To help the public. Commission process and review your ‘‘Projects 86: Gert & Uwe Tobias’’ comments more efficiently, please use Purpose: In accordance with section only one method. The Commission will 10(a)(2) of the Federal Advisory SUMMARY: Notice is hereby given of the post all comments on the Commission’s Committee Act, the Social Security following determinations: Pursuant to Internet Web site (http://www.sec.gov/ Administration (SSA) announces this the authority vested in me by the Act of rules/sro.shtml). Copies of the teleconference meeting of the Ticket to October 19, 1965 (79 Stat. 985; 22 U.S.C. submission, all subsequent Work and Work Incentives Advisory 2459), Executive Order 12047 of March amendments, all written statements Panel. The publication of this 27, 1978, the Foreign Affairs Reform and with respect to the proposed rule announcement may not meet the 15 day Restructuring Act of 1998 (112 Stat. change that are filed with the advance notice requirement provided in 2681, et seq.; 22 U.S.C. 6501 note, et Commission, and all written CFR 102.3.150. The need for this seq.), Delegation of Authority No. 234 of communications relating to the teleconference was not previously October 1, 1999, Delegation of Authority proposed rule change between the anticipated and therefore not scheduled, No. 236 of October 19, 1999, as Commission and any person, other than but will be required to allow further amended, and Delegation of Authority those that may be withheld from the deliberation on the Panel’s final report. No. 257 of April 15, 2003 [68 FR 19875], public in accordance with the Section 101(f) of Public Law 106–170 I hereby determine that the objects to be provisions of 5 U.S.C. 552, will be establishes the Panel to advise the included in the exhibition ‘‘Projects 86: available for inspection and copying in President, the Congress, and the Gert & Uwe Tobias,’’ imported from the Commission’s Public Reference Commissioner of SSA on issues related abroad for temporary exhibition within Room, on official business days between to work incentive programs, planning, the United States, are of cultural the hours of 10 a.m. and 3 p.m. Copies and assistance for individuals with significance. The objects are imported of the filing also will be available for disabilities as provided under section inspection and copying at the principal 101(f)(2)(A) of the Act. pursuant to loan agreements with the office of NYSE. All comments received foreign owners or custodians. I also will be posted without change; the The Panel is also to advise the determine that the exhibition or display Commission does not edit personal Commissioner on matters specified in of the exhibit objects at the Museum of identifying information from section 101(f)(2)(B) of that Act, Modern Art, New York, New York, from submissions. You should submit only including certain issues related to the on or about November 28, 2007, until on information that you wish to make Ticket to Work and Self-Sufficiency or about February 25, 2008, and at available publicly. All submissions Program established under section possible additional exhibitions or should refer to File Number SR–NYSE– 101(a). venues yet to be determined, is in the 2007–97 and should be submitted on or Agenda: The agenda for the meeting national interest. Public Notice of these before December 4, 2007. will be posted on the Internet at Determinations is ordered to be For the Commission, by the Division of http://www.ssa.gov/work/panel at least published in the Federal Register. Market Regulation, pursuant to delegated one week before the starting date or can authority.11 be received, in advance, electronically FOR FURTHER INFORMATION CONTACT: For Florence E. Harmon, or by fax upon request. further information, including a list of the exhibit objects, contact Paul W. Deputy Secretary. Contact Information: Records are kept Manning, Attorney-Adviser, Office of [FR Doc. E7–22099 Filed 11–9–07; 8:45 am] of all proceedings and will be available the Legal Adviser, U.S. Department of BILLING CODE 8011–01–P for public inspection by appointment at State (telephone: 202/453–8052). The the Panel office. Anyone requiring address is U.S. Department of State, SA– information regarding the Panel should 44, 301 4th Street, SW., Room 700, SOCIAL SECURITY ADMINISTRATION contact the staff by: Washington, DC 20547–0001. [Document No. SSA–2007–0087] • Mail addressed to the Social Security Administration, Ticket to Work Dated: November 2, 2007. The Ticket to Work and Work and Work Incentives Advisory Panel C. Miller Crouch, Incentives Advisory Panel Meeting Staff, 400 Virginia Avenue, SW., Suite Principal Deputy Assistant Secretary for AGENCY: Social Security Administration 700, Washington, DC 20024. Telephone Educational and Cultural Affairs, Department (SSA). contact with Debra Tidwell-Peters at of State. ACTION: Notice of Teleconference. (202) 358–6126. [FR Doc. E7–22152 Filed 11–9–07; 8:45 am] • Fax at (202) 358–6440 BILLING CODE 4710–05–P 11 17 CFR 200.30–3(a)(12). • E-mail to [email protected].

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DEPARTMENT OF STATE January 2008 meeting of ITU–T Study matters with a view to determining what Groups 11, 13, and 19 hosted by areas would need to be addressed in [Public Notice 5988] COMTECH Telecommunications UNCITRAL’s second phase of work. The Fine Arts Committee Notice of Meeting Corporation in Chantilly, Virginia. The draft UNCITRAL Legislative Guide on meeting will start at 10 a.m. Eastern Secured Transactions and relevant The Fine Arts Committee of the Time on December 14, 2007. A information can be obtained at http:// Department of State will meet on conference bridge will be provided. www.uncitral.org/english/commission/ November 16, 2007 at 11 a.m. in the Meeting details will be posted on the sessions. Henry Clay Room of the Harry S. mailing list [email protected]. People Time: The public meeting will take Truman Building, 2201 C Street, NW., desiring to participate on this list may place at the Department of State, Office Washington, DC. The meeting will last apply to the secretariat at of Private International Law, 2430 E until approximately 12 p.m. and is open [email protected]. Street, NW., Washington, DC on to the public. The meetings are open to the public. Wednesday November 28, 2007 from 1 The agenda for the committee meeting p.m. EDT to 5:30 p.m. EDT. Public will include a summary of the work of Dated: October 18, 2007. James G. Ennis, Participation: Advisory Committee the Fine Arts Office since its last Study Group meetings are open to the meeting on April 20, 2007 and the International Communications & Information Policy, Department of State. public, subject to the capacity of the announcement of gifts and loans of meeting room. Access to the meeting [FR Doc. E7–22140 Filed 11–9–07; 8:45 am] furnishings as well as financial building is controlled; persons wishing contributions from January 1, 2007 BILLING CODE 4710–07–P to attend should contact Tricia Smeltzer through September 30, 2007. or Maya Garrett of the Department of Public access to the Department of State’s Legal Adviser’s Office at State is strictly controlled and space is DEPARTMENT OF STATE [email protected] or limited. Members of the public wishing [Public Notice 5967] [email protected] and provide your to take part in the meeting should name, e-mail address, mailing address, telephone the Fine Arts Office at (202) U.S. Department of State Advisory and affiliation(s) to get admission to the 647–1990 or send an e-mail to Committee on Private International meeting and to get directions to the [email protected] by November 12 Law: Public Meeting on the United office. Additional meeting information to make arrangements to enter the Nations Commission on International can also be obtained from Rachel building. The public may take part in Trade Law (UNCITRAL) Draft Wallace at [email protected] or the discussion as long as time permits Legislative Guide on Secured and at the discretion of the chairman. telephone (202) 647–2324. Persons who Transactions and its Treatment of cannot attend but who wish to comment Dated: October 22, 2007. Security Rights in Intellectual Property on any of the proposals are welcome to Marcee F. Craighill, (IP) do so by e-mail to Michael Dennis at Secretary, Fine Arts Committee, Department The Department of State Advisory [email protected]. If you are unable to of State. Committee on Private International Law attend the public meeting and you [FR Doc. E7–22143 Filed 11–9–07; 8:45 am] (ACPIL) will hold a public meeting to would like to participate by BILLING CODE 4710–35–P discuss the treatment of IP secured teleconferencing, please contact Tricia financing practices in the UNCITRAL Smeltzer or Maya Garrett at 202–776– Draft Legislative Guide on Secured 8420 to receive the conference call-in DEPARTMENT OF STATE Transactions (Guide). At the 40th number and the relevant information. [Public Notice 5963] Session of the UNCITRAL (held June 25 Dated: November 6, 2007. through July 12, 2007), the Commission Michael Dennis, Announcement of Meetings of the adopted a portion of the draft Guide, International Telecommunication Attorney-Adviser, Office of the Legal Adviser, and scheduled adoption of the Office of Private International Law, Advisory Committee remaining portion for a second meeting Department of State. SUMMARY: This notice announces of the Commission to take place in [FR Doc. E7–22139 Filed 11–9–07; 8:45 am] meetings of the International Vienna, Austria December 10–14, 2007. BILLING CODE 4710–08–P Telecommunication Advisory The Commission at its July 2007 session Committee (ITAC) to prepare advice on adopted recommendations dealing with U.S. positions for meeting of the the scope of the draft Guide as it relates Advisory and Study Groups of the to IP law and secured financing, as well DEPARTMENT OF TRANSPORTATION International Telecommunication as the inclusion in the commentary to Office of the Secretary of Union—Telecommunication the Guide of explanatory statements on Transportation Standardization Sector (ITU–T). the treatment of IP as secured financing. The ITAC will meet as the ITAC–T to The Commission also tentatively prepare for the ITU–T December 2007 approved a new work project on IP law [Docket Nos. OST–2007–0004, FHWA–2007– 0004, and FTA–2007–0004] Advisory Group meeting on November matters as they relate to secured 14 and 19, 2007, in the Washington, DC financing law, which would be initiated Solicitation of Applications for metro area. Both meetings are from 10 after conclusion of the Guide in its Funding of Congestion-Reduction a.m.–1 p.m. Eastern Time. A conference present scope. The first meeting on the Demonstration Initiatives bridge will be provided. Meeting details new IP related project may occur in the will be posted on the mailing list itac- spring of 2008. A top priority for the AGENCIES: Office of the Secretary of [email protected]. People desiring to resumed Session is final adoption of the Transportation (‘‘OST’’); Federal participate on this list may apply to the revised commentary and draft Guide. Highway Administration (‘‘FHWA’’); secretariat at [email protected]. The ACPIL will use this public meeting Federal Transit Administration The ITAC will meet as the ITAC to exchange thoughts on the draft Guide (‘‘FTA’’), Department of Transportation Study Group B to prepare for the as it relates to IP secured financing (‘‘DOT’’).

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ACTION: Notice of solicitation for Congestion Initiative, as proposed in the to complete before an application can be applications to enter into agreements President’s Fiscal Year 2008 Budget. 1 submitted. with the U.S. Department of The Department reserves the right to FOR FURTHER INFORMATION CONTACT: Transportation (the ‘‘Department’’) for solicit candidates for funding described Please address questions concerning funding under any or all of the herein by means other than this Notice. this Notice to David B. Horner, Deputy following programs (collectively, the The Department expects to implement Assistant Secretary for Transportation ‘‘Funding Programs’’) to support the procedures and criteria set forth in Policy, U.S. Department of qualified congestion-reduction this Notice; however, such procedures Transportation, at 202–689–4464 (or by demonstration initiatives: (i) FHWA’s and criteria shall not be binding on the e-mail at [email protected]). Please Delta Region Transportation Department. address technical questions concerning Development Program (§ 1308 of Public DATES: Applicants wishing to become project development to Thomas M. Law 109–59) (the ‘‘Delta Region qualified jurisdictions must submit their McNamara at 202–366–4462 (or by e- mail at [email protected]). Program’’); (ii) FHWA’s Ferry Boat applications on or before December 31, Discretionary Program (23 U.S.C. 147) 2007. Late-filed applications will be SUPPLEMENTARY INFORMATION: (the ‘‘Ferry Boat Program’’); (iii) considered to the extent practical. The A. Background Department intends to announce FHWA’s Highways for Life Pilot Crisis of Congestion. Traffic Program (§ 1502 of Public Law 109–59) agreements with qualified jurisdictions in Fiscal Year 2008. congestion affects people in nearly (the ‘‘HfL Program’’); (iv) FHWA’s every aspect of their daily lives—where Innovative Bridge Research and ADDRESSES: Applicants wishing to they live, where they work, where they Deployment Program (23 U.S.C. 503(b)) become qualified jurisdictions may file shop, and how much they pay for goods (the ‘‘Innovative Bridge Program’’); (v) their applications electronically via e- and services. According to 2005 figures, FHWA’s Interstate Maintenance mail to Thomas M. McNamara at in certain metropolitan areas the average Discretionary Program (23 U.S.C. 118(c)) [email protected] or through rush hour driver loses as many as 60 (the ‘‘IMD Program’’); (vi) FHWA’s ‘‘grants.gov’’ at http://www.grants.gov. hours per year to travel delay—the (Please note that solely for purposes of Public Lands Highway Discretionary equivalent of one and a half full work this solicitation, the Department prefers, Program (23 U.S.C. 202–204) (the weeks, amounting annually to a but does not require, submission of ‘‘Public Lands Program’’); (vii) FHWA’s ‘‘congestion tax’’ of approximately applications by means of the e-mail Transportation, Community, and $1,200 per peak time traveler in wasted address above). In the event that either time and fuel. 2 Nationwide, congestion System Preservation Program (§ 1117 of of the forgoing options for submission Public Law 109–59) (the ‘‘TCSP imposes costs on the economy of at least would impose a hardship on an 3 Program’’); (viii) FHWA’s Truck Parking $78 billion per year. The costs of applicant, the applicant may request an congestion are higher, however, after Facilities Pilot Program (§ 1305 of exception by email to the email address taking into account the significant cost Public Law 109–59) (the ‘‘Truck Parking above. If an exception is granted, the of unreliability to drivers and Program’’); (ix) FTA’s capital program applicant may send a single copy of its businesses, the environmental impacts for Bus and Bus-Related Facilities (49 application by U.S. Post or express mail of idle-related auto emissions, increased U.S.C. 5309) (the ‘‘Bus Program’’); (x) to: Thomas M. McNamara, Office of the gasoline prices and the immobility of FTA’s capital program for New Fixed Assistant Secretary for Transportation labor markets that result from Guideway Facilities, including ‘‘Small Policy, U.S. Department of congestion, all of which substantially Starts’’ projects (49 U.S.C. 5309, 49 Transportation, 1200 New Jersey Ave., affect interstate commerce. U.S.C. 5309(e)) (the ‘‘Small Starts SE., W84–322, Washington, DC 20590. Traffic congestion also has a Program’’); (xi) FTA’s Alternatives The Department shall only deem substantial negative impact upon the Analysis Program (49 U.S.C. 5339); and applications received via email or quality of life of many American (xii) any other discretionary program through grants.gov (or by U.S. Post or families. In a 2005 survey, for example, administered by the Department and express mail pursuant to an exception) 52% of Northern Virginia commuters designated by the Secretary as a source as provided above to be properly filed reported that their travel times to work of funding under such agreements. with the Department. The Department had increased in the past year,4 leading shall deem a single application filed 70% of working parents to report having pursuant to this Notice to be properly SUMMARY: This Notice solicits proposals insufficient time to spend with their filed with each of the Funding Programs to enter into certain agreements with the children and 63% of respondents to identified therein, and will not require report having insufficient time to spend U.S. Department of Transportation (the separate applications to each such with their spouses.5 Nationally, in a ‘‘Department’’). Through these program, unless the Department 2005 survey conducted by the National agreements, the Department intends to determines otherwise in its discretion. League of Cities, 35% of U.S. citizens support congestion pricing along with Before using grants.gov for the first time, reported traffic congestion as the most complementary transportation solutions each organization must register and deteriorated living condition in their proposed by jurisdictions designated as create an institutional profile at the cities over the past five years; 85% recipients of Federal assistance in grants.gov Web site. Applicants responded that traffic congestion was as accordance with this Notice (each, a planning to apply electronically are bad as, or worse than, it was in the ‘‘qualified jurisdiction’’). Funds made encouraged to begin the process of previous year.6 Similarly, in a 2001 available by the Department to qualified registration on the grants.gov Web site jurisdictions may include such sums as well in advance of the submission 2 Texas Transportation Institute (‘‘TTI’’), 2007 may be available for obligation in the deadline. Registration is a multi-step Urban Mobility Report, September 2007. 3 TTI, 2007 Urban Mobility Report. Department’s discretion during Fiscal process, which may take several weeks 4 Northern Virginia Transportation Alliance 2005 Year 2008, including funds designated Survey (http://www.nvta.org/ by law to support the Department’s 1 Budget of the United States Government, Fiscal content.asp?contentid=1174). Year 2008 (http://www.whitehouse.gov/omb/ 5 Virginia Department of Transportation. budget/fy2008/transportation.html). 6 National League of Cities survey of cities (2005).

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survey conducted by the U.S. support and encourage multi-state and deadlines provided in this Notice Conference of Mayors, 79% of transportation planning and corridor supersede those set forth in the forgoing Americans from ten metropolitan areas development, provide for transportation hyperlink. reported that congestion had worsened project development, facilitate (iii) FHWA’s HfL Program. The in the prior five years; 50% believe it transportation decision making, and Department may obligate all or part of has become ‘‘much worse.’’ 7 support transportation construction in such sums available for obligation in its Solicitation. This Notice solicits the 240 counties and parishes within discretion under the HfL Program in proposals to enter into certain the eight states comprising the Delta Fiscal Year 2008 to support eligible agreements with the U.S. Department of Regional Authority’s region (Alabama, projects sponsored by qualified Transportation (the ‘‘Department’’). Arkansas, Illinois, Kentucky, Louisiana, jurisdictions. Under section 1502 of Through these agreements, the Mississippi, Missouri, and Tennessee). SAFETEA–LU, the FHWA Department intends to support Eligible projects must either (a) traverse Administrator, acting on behalf of the congestion pricing along with more than one State and carry interstate Secretary, may fund projects otherwise complementary transportation solutions commerce or (b) have been identified by eligible for assistance under chapter 1 of proposed by jurisdictions designated as the Delta Regional Authority as title 23, United States Code that, among recipients of Federal assistance in highways of regional significance, (i.e., other things, (a) use innovative accordance with this Notice (each, a on or expected to be on the Delta technologies, manufacturing processes, ‘‘qualified jurisdiction’’). Funds made Development Highway System). financing or contracting methods that available by the Department to qualified Applicants must address the standard improve safety, reduce congestion due jurisdictions may include such sums as requirements for an application to the to construction, and improve quality, may be available for obligation in the Delta Region Transportation and (b) constructs, reconstructs or Department’s discretion during Fiscal Development Program as described in rehabilitates a route or connection on an Year 2008, including funds designated last year’s request for applications, eligible Federal-aid highway. by law to support the Department’s found at http://www.fhwa.dot.gov/ Applicants must address the standard Congestion Initiative, as proposed in the planning/s1308fy07drtdp.htm. The requirements for an application to the President’s Fiscal Year 2008 Budget.8 application procedures and deadlines HfL Program as described in an earlier The Department expects to award provided in this Notice supersede those solicitation for projects, found at funding only for those proposals that set forth in the forgoing hyperlink. http://www.fhwa.dot.gov/hfl/ integrate innovative transit strategies, (ii) FHWA’s Ferry Boat Program. The application_memo.cfm. The application new transportation technologies and Department may obligate all or part of procedures and deadlines provided in direct highway pricing during congested such sums available for obligation in its this Notice supersede those set forth in periods. In return for their agreement to discretion under the Ferry Boat Program the forgoing hyperlink. adopt such strategies, the Department in Fiscal Year 2008 to support eligible (iv) FHWA’s Innovative Bridge will support qualified jurisdictions with projects sponsored by qualified Program. The Department may obligate financial resources identified in this jurisdictions. Under section 1801 of all or part of such sums available for Notice, regulatory flexibility, and SAFETEA–LU, the FHWA obligation in its discretion under the dedicated expertise and personnel. Administrator, acting on behalf of the Innovative Bridge Program in Fiscal Because the Secretary generally Secretary, may fund projects that Year 2008 to support eligible projects allocates discretionary highway grant involve the construction of ferry boats sponsored by qualified jurisdictions. funds to State DOTs, applicants that are and ferry terminal facilities in Under section 5202(b) of SAFETEA–LU, non-State DOTs applying for accordance with 23 U.S.C. 147. the FHWA Administrator, acting on discretionary highway funds made Ferry Boat Program Funds are behalf of the Secretary, may fund available under any of the specified available for construction/improvement projects that promote, demonstrate, Funding Programs should partner with to ferry boats or ferry boat terminals evaluate, and document the application or submit an application through the where, among other things: (a) It is not of innovative designs, materials, and State DOT for these funds. feasible to build a bridge, tunnel, construction methods in the combination thereof, or other normal construction, repair, and rehabilitation B. Funding Programs highway structure in lieu of the use of of bridge and other highway structures, The Department proposes to support such ferry; (b) the operation of the ferry for purposes including—but not limited qualified jurisdictions through the shall be on a route classified as a public to—increasing safety and reducing following programs: road within the State or Territory and construction time and traffic congestion. (i) FHWA’s Delta Region Program. which has not been designated as a Detailed Innovative Bridge Program The Department may obligate all or part route on the Interstate System; and (c) goals are identified in 23 U.S.C. of such sums available for obligation in such ferry boat or ferry terminal facility 503(b)(2). Eligible projects may be on its discretion under the Delta Region shall be publicly owned or operated or any public roadway, including State and Program in Fiscal Year 2008 to support majority publicly owned if the Secretary locally funded projects. Funds may be eligible projects sponsored by qualified determines, with respect to a majority used for costs of preliminary jurisdictions. Under section 1308 of the publicly owned ferry or ferry terminal engineering, repair, rehabilitation, or Safe, Accountable, Flexible, Efficient facility, that such ferry boat or ferry construction of bridges or other highway Transportation Equity Act: A Legacy for terminal facility provides substantial structures, and costs of project Users (or ‘‘SAFETEA–LU’’) (Pub. L. public benefits. Eligible projects may performance evaluation and 109–59, August 10, 2005), the FHWA include either ferry boats that carry both performance monitoring of the structure Administrator, acting on behalf of the cars and passengers, or ferry boats following construction. Secretary, may fund projects that carrying passengers only. Applicants must address the standard Applicants must address the standard requirements for an application to the 7 U.S. Conference of Mayors survey on traffic requirements for an application to the Innovative Bridge Program found at congestion (2001). Ferry Boat Program found at: http:// http://www.fhwa.dot.gov/bridge/ibrd/ 8 Budget of the United States Government, Fiscal Year 2008 (http://www.whitehouse.gov/omb/ www.fhwa.dot.gov/discretionary/ 032807.cfm. The application procedures budget/fy2008/transportation.html). fbdinfo.cfm. The application procedures and deadlines provided in this Notice

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supersede those set forth in the forgoing Public Lands Program found at http:// the shortage of long-term parking for hyperlink. www.fhwa.dot.gov/discretionary/ commercial motor vehicles on the (v) FHWA’s IMD Program. The plhcurrsola3.cfm. The application National Highway System. States, MPOs Department may obligate all or part of procedures and deadlines provided in and local governments are eligible to such sums available for obligation in its this Notice supersede those set forth in receive discretionary grants available discretion under the IMD Program in the forgoing hyperlink. under this pilot program. Section 1305 Fiscal Year 2008 to support eligible (vii) FHWA’s TCSP Program. The allows for a wide range of eligible projects sponsored by qualified Department may obligate all or part of projects, ranging from construction of jurisdictions. Under 23 U.S.C. 118(c), such sums available for obligation in its spaces and other capital improvements the FHWA Administrator, acting on discretion under the TCSP Program in to using intelligent transportation behalf of the Secretary, may fund Fiscal Year 2008 to support eligible systems (ITS) technology to increase projects that involve resurfacing, projects sponsored by qualified information on the availability of both restoration, rehabilitation and jurisdictions. Under section 1117 of public and private commercial vehicle reconstruction (‘‘4R’’) work, including SAFETEA–LU, the FHWA parking spaces. Please note that added lanes to increase capacity, on Administrator, acting on behalf of the applications to the Truck Parking most existing Interstate System routes. Secretary, may fund planning grants, Program with respect to ‘‘Corridors of Ineligible projects include those that are implementation grants, and research to the Future’’ may receive priority in located on (a) any highway designated investigate and address the consideration and funding under the as a part of the Interstate System under relationships between transportation, program. 23 U.S.C. 139, as in effect before the community, and system preservation (ix) FTA’s Bus Program. The enactment of TEA–21, (b) any toll road and to identify private sector-based Department may obligate all or part of on the Interstate System not subject to initiatives to improve such such sums available for obligation in its an agreement under 23 U.S.C. 119(e), as relationships. discretion under the Bus Program in in effect on December 17, 1991, or (c) States, metropolitan planning Fiscal Year 2008 to support eligible any highway added to the Interstate organizations (‘‘MPOs’’), local projects sponsored by qualified System under 23 U.S.C. 103(c)(4) and governments (including, but not limited jurisdictions. Under 49 U.S.C. 5309, the section 1105(e)(5)(A) of the Intermodal to, towns, cities, public transit agencies) Administrator of FTA, acting on behalf Surface Transportation Efficiency Act of and tribal governments are eligible for of the Secretary, may provide capital 1991. Any proposed or future Interstate TCSP Program discretionary grants. assistance for the acquisition of buses route is also not eligible for IMD funds. Non-governmental organizations that and bus-related equipment or facilities. A full listing of the statutory criteria for have projects they wish to see funded Only capital projects that are eligible eligibility of IMD projects is provided in under this program are encouraged to under the Bus Program and that 23 U.S.C. 118(c). partner with an eligible recipient as the improve existing transit service or Applicants must address the standard project sponsor. Activities eligible for provide new transit service in a corridor requirements for an application to the TCSP Program funding include or area that is part of a congestion Interstate Maintenance Program found activities that are eligible for Federal reduction demonstration shall be at http://www.fhwa.dot.gov/ highway and transit funding (title 23, eligible for funding pursuant to this discretionary/imdinfo.cfm. The U.S.C., or Chapter 53 of title 49, U.S.C.) Notice. application procedures and deadlines or other activities determined by the Costs of a project eligible for funding provided in this Notice supersede those Secretary to be appropriate. Grants may under the Bus Program include the set forth in the forgoing hyperlink. be used to plan and implement acquisition of buses for fleet and service (vi) FHWA’s Public Lands Program. strategies which improve the efficiency expansion, bus maintenance and The Department may obligate all or part of the transportation system, reduce administrative facilities, transfer of such sums available for obligation in environmental impacts of facilities, bus malls, transportation its discretion under the Public Lands transportation, reduce the need for centers, inter-modal terminals, park- Program in Fiscal Year 2008 to support costly future public infrastructure and-ride stations, acquisition of eligible projects sponsored by qualified investments, ensure efficient access to replacement vehicles, bus rebuilds, jurisdictions. Under 23 U.S.C. 204(b)(5), jobs, services and centers of trade, and passenger amenities such as passenger the FHWA Administrator, acting on examine development patterns and shelters and bus stop signs, accessory behalf of the Secretary, may fund ‘‘any identify strategies to encourage private and miscellaneous equipment such as kind of transportation project eligible sector development patterns which mobile radio units, supervisory for assistance under title 23, United achieve these goals. vehicles, fare boxes, computers and States Code, that is within, adjacent to, Applicants must address the standard shop and garage equipment. Applicants or provides access to’’ Federal lands or requirements for an application to the must address FTA’s standard facilities. Under the provisions of 23 TCSP Program found at http:// requirements for an application for U.S.C. 204(b)(1)(A), Public Lands www.fhwa.dot.gov/tcsp/pi_tcsp.htm. Section 5309 capital program assistance Program funds are available for The application procedures and found in FTA’s Circular C 9300.1A transportation planning, research, deadlines provided in this Notice ‘‘Capital Program: Grant Application engineering, and construction of the supersede those set forth in the forgoing Instructions’’ 9 highways, roads, and parkways, and of hyperlink. and FTA’s Circular C (viii) FHWA’s Truck Parking Program. 5010.1C ‘‘Grant Management transit facilities within the Federal 10 public lands. Under the provisions of 23 The Department may obligate all or part Guidelines.’’ (x) FTA’s Small Starts Program. The U.S.C. 204(b)(1)(B), Public Lands of such sums available for obligation in Department may obligate all or part of Program funds are also available for its discretion under the Truck Parking such sums available for obligation in its operation and maintenance of transit Program in Fiscal Year 2008 to support facilities located on Federal public eligible projects sponsored by qualified 9 See http://www.fta.dot.gov/funding/grants/ lands. jurisdictions. As directed by section grants_financing_3557.html. Applicants must address the standard 1305 of SAFETEA–LU, the Secretary 10 See http://www.fta.dot.gov/laws/circulars/ requirements for an application to the established a pilot program to address leg_reg_4114.html.

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discretion under the Small Starts loans, loan guarantees, and standby While the applicant for consideration Program in Fiscal Year 2008 to support lines of credit for qualified projects. as a qualified jurisdiction must be a eligible projects sponsored by qualified TIFIA allows for the support of public body, signatories to an agreement jurisdictions. Under 49 U.S.C. 5309, the approximately $10 billion in credit concerning congestion-reducing projects Administrator of FTA, acting on behalf assistance. may include city and county of the Secretary, may provide up to $75 The Department may provide governments, metropolitan planning million per project for qualifying fixed qualified jurisdictions the authority to organizations, State transportation guideway capital projects, including institute tolls on portions of their departments, chambers of commerce, certain bus rapid transit projects. Interstate systems12 and expedite academic institutions, citizen advisory Pursuant to its guidance on the Small project delivery by waiving certain groups, or other responsible Starts Program,11 FTA will facilitate FHWA regulations (in accordance with organizations that seek to resolve major worthy projects that are part of FHWA’s Special Experimental Project congestion problems (any of whom may comprehensive congestion-reduction (or ‘‘SEP–15’’) program or as otherwise apply to become a qualified strategies, including strategies that permitted by law), and placing key jurisdiction). incorporate congestion pricing. In its projects on the Environmental The Department shall deem a single evaluation of projects proposed for Stewardship Executive Order,13 application filed pursuant to this Notice funding under Small Starts pursuant to allowing for the streamlining of some to be an application properly filed with this Notice, an applicant’s designation aspects of the environmental review each of the Funding Programs. Separate as a qualified jurisdiction will be an process. Finally, the Department may applications to specific Funding ‘‘other factor’’ taken into account by the offer extensive technical expertise and Programs shall not be required. FTA pursuant to 49 U.S.C. 5309(e)(4)(E). advice from world class engineers and D. Contents of Application (xi) FTA’s Alternatives Analysis economists. Program. The Department may obligate An application to become a qualified all or part of such sums available for C. Application Process jurisdiction should briefly describe, obligation in its discretion under the Applications to become qualified with respect to the metropolitan area Alternatives Analysis Program in Fiscal jurisdictions must be submitted on or proposed, (i) why its traffic congestion Year 2008 to support eligible projects before December 31, 2007 (with late- is severe, (ii) the local public’s sponsored by qualified jurisdictions. filed applications being considered to acknowledgement of the problem, (iii) Under 49 U.S.C. 5339, the FTA the extent practical). the readiness of the metropolitan area’s Administrator, acting on behalf of the The Department expects to sign political leadership to solve the problem Secretary, may fund projects that agreements with qualified jurisdictions, and (iv) a solution to congestion that integrates innovative transit strategies, support technical work conducted once designated, as soon as possible new transportation technologies and within an alternatives analysis, in thereafter. The Department expects direct highway pricing during congested which one of the alternatives is a major implementation or pre-implementation periods. In addition, an application transit capital investment. FTA will give efforts for the proposed congestion should be responsive to the priority to proposals to develop and reduction activities to commence specifications and criteria set forth apply methods to estimate the time shortly after an agreement (or series of below. The Department recognizes that savings experienced by highway users agreements) with the qualified information provided in an application that result from transit investments. jurisdiction is signed. Applicants must address the standard to become a qualified jurisdiction may requirements for an application to the be preliminary and incomplete. The 12 As enacted by SAFETEA–LU, the High Alternatives Analysis Program found in Occupancy Vehicle (‘‘HOV’’) Facilities Program (23 Department, in its discretion, may ask notice describing the Alternatives U.S.C. 166) allows States and localities to convert certain applicants to supplement the Analysis Program at http:// HOV lanes to high Occupancy toll (‘‘HOT’’) lanes data in their applications to the extent a257.g.akamaitech.net/7/257/2422/ which allow low-occupant vehicle users to pay for practical. the chance to travel on underutilized HOV lanes, 01jan20071800/edocket.access.gpo. gov/ shifting traffic from congested regular lanes to HOV (i) Length of Applications: An 2007/pdf/E7–4830.pdf. The application lanes, while maintaining free-flowing travel speeds application should not exceed 40 pages procedures and deadlines provided in and vehicle throughput performance for all vehicles in length, including both the proposal this Notice supersede those set forth in in the HOV lanes. When operated in parallel with details and appendix materials. general purpose lanes, HOT lanes offer drivers an the forgoing hyperlink. option to pay for congestion-free predictable trips Appendix materials may include maps (xii) Other Assistance. Under the when they need it the most, while improving the of roadways and other affected facilities Department’s Private Activity Bond performance of general purpose lanes. Consistent (such as bridges and parallel routes) and Program, the Department may allocate with 23 U.S.C. 166, FTA has recently published maps of BRT routes and other transit to qualified jurisdictions authority to proposed guidance that, once adopted as final, would eliminate certain existing disincentives to services or facilities that are directly issue private activity bonds for qualified jurisdictions to convert their HOV lanes to HOT involved. projects in order to lower their cost of lanes. In particular the proposed guidance describes (ii) Participating Parties: An capital. As of the date of this Notice, the the terms and conditions on which FTA would application should provide a Department may allocate up to $9.5 classify HOV lanes that are converted to HOT lanes preliminary, non-binding list of the as ‘‘fixed guideway miles’’ for purposes of the billion in private activity bond authority transit funding formulas administered by FTA. See parties likely to participate in the not already allocated or applied for. ‘‘Policy Statement on When High-Occupancy agreement between a qualified Under the Transportation Vehicle Lanes Converted to High-Occupancy/Toll jurisdiction and the Department. Infrastructure Finance and Innovation Lanes Shall Be Classified as Fixed Guideway Miles (iii) Comprehensive Congestion for FTA’s Funding Formulas and When HOT Lanes Act (‘‘TIFIA’’), the Department may Shall Not Be Classified as Fixed Guideway Miles for Reduction Strategy: An application provide qualified jurisdictions direct FTA’s Funding Formulas’’ (http:// should generally describe the a257.g.akamaitech.net/7/257/2422/01jan20061800/ metropolitan area’s proposed 11 Please see the terms of the Small Starts program edocket.access.gpo.gov/2006/pdf/E6–14796.pdf). comprehensive congestion reduction 13 set forth in the Guidance on Small Starts at See Executive Order 13274: Environmental strategy, and explain how different parts http://a257.g.akamaitech.net/7/257/2422/ Stewardship and Transportation Infrastructure 01jan20071800/edocket.access.gpo.gov/2007/pdf/ Project Reviews (September 18, 2002) at http:// of that strategy, if any, would interact to 07–2774.pdf. environment.fhwa.dot.gov/strmlng/eo091802.asp. reduce congestion.

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(iv) Congestion Pricing Measures and should indicate this fact. Similarly, if this Notice. The Department expects to Affected Areas: An application should the pricing activity is adopted on a implement the procedures and criteria describe the role pricing would play in temporary, experimental basis and the set forth in this Notice; however, such the congestion reduction strategy. To applicant expects it to be voted on by procedures and criteria shall not be the extent practical, an application citizens of the jurisdictions participating binding on the Department. should indicate, in specific terms, how in an agreement with the Department or Issued in Washington, DC on November 5, traffic would be affected, what areas or otherwise considered for continuation, 2007. routes would be priced, how congestion the application should provide this D.J. Gribbin, prices would be determined, and which information. General Counsel, U.S. Department of vehicle categories would be affected (xi) Funding Support: An application Transportation. (e.g., single occupant vehicles or all should indicate the estimated cost to [FR Doc. E7–22117 Filed 11–9–07; 8:45 am] vehicles). implement the overall congestion (v) Transit Services: An application reduction strategy. An application BILLING CODE 4910–9X–P should describe transit services, should also indicate the anticipated including BRT and other commuter sources of those funds, including the DEPARTMENT OF TRANSPORTATION transit services that are to be provided amount requested to be covered by or supplemented, and the expected Federal sources. ITS Joint Program Office; Intelligent impacts of the expanded transit services (xii) Contact Information: An Transportation Systems Program on congestion. The application should application should clearly indicate Advisory Committee; Notice of Meeting also describe transit fare pricing policies contact information, including name, to be adopted with the objective of organization, address, phone number, AGENCY: Research and Innovative increasing traveler throughput during and e-mail address. The Department Technology Administration, U.S. peak traffic periods, while avoiding will use this information to inform Department of Transportation. excessive congestion in the transit parties of the Department’s decision ACTION: Notice. system. regarding selection of interested parties, (vi) Use of Technology: An as well as to contact parties in the event This notice announces, pursuant to application should clearly indicate the that the Department needs additional section 10(A)(2) of the Federal Advisory extent to which a locality plans to information about an application. Committee Act (FACA) (Pub. L. 72–363; operationally test innovative technology E. Evaluation Criteria 5 U.S.C. app. 2), a meeting of the in achieving its congestion reduction Intelligent Transportation Systems (ITS) targets. The Department will review and Program Advisory Committee (ITSPAC). (vii) Expedited Project Completion: consider applications upon receipt, and The meeting will be held November 26, An application should indicate any will consider a variety of factors in 2007, 1 p.m. to 4 p.m. and November 27, major transportation projects or project reviewing applications seeking funding, 2007, 8 a.m. to 4 p.m. The meeting will components that are sought to be including: take place at the U.S. Department of expedited through an agreement with (i) The extent to which the congestion Transportation (U.S. DOT), 1200 New the Department. The application should reduction plan is reasonably projected Jersey Avenue, SE., Washington DC, in also indicate the expected effects on to reduce congestion from current levels Conference Room #6 on the lobby level congestion from early completion of on major highways and arterial facilities of the West Building. these projects. within the demonstration area, as The ITSPAC, established under (viii) Travelers Affected Daily: An measured by projected travel speeds, section 5305 of Public Law 109–59, application should indicate the ‘‘levels of service’’ or other objective Safe, Accountable, Flexible, Efficient estimated number of daily travelers that measures of performance during the Transportation Equity Act: A Legacy for will be directly affected by priced hours when the congestion reduction Users, August 10, 2005, and chartered facilities and by other measures demonstration is in effect; expected to be adopted by the qualified (ii) The extent to which the on February 24, 2006, was created to jurisdiction. This should include the congestion reduction plan is reasonably advise the Secretary of Transportation estimated number of persons (vehicles) projected to enable improvements in on all matters relating to the study, that will pay congestion charges, as well transit service on major highways and development and implementation of as the likely number diverted to other arterial facilities within the intelligent transportation systems. travel times, routes, or other demonstration area, as measured by Through its sponsor, the ITS Joint transportation services, such as transit. projected reductions from current levels Program Office, the ITSPAC will make (ix) Research, Planning, and in scheduled running times or intervals recommendations to the Secretary Experience To Date: An application between departures or other objective regarding the ITS program needs, should indicate the prior work that measures of performance during the objectives, plans, approaches, contents, participating parties (e.g., the candidate hours when the congestion reduction and progress. city or other jurisdictions) have already plan is in effect; The following is a summary of the done to reduce congestion, including (iii) The extent to which the meeting’s tentative agenda. Day 1: (1) research, planning, and actual congestion reduction plan demonstrates Welcome and Introductions; (2) ITS implementation of congestion related innovative and potentially far-reaching Program Overview; (3) Identifying activities in the metropolitan area. technology applications; Trends in ITS (Panel Session); and (4) (x) Other Time-Frame Considerations: (iv) The project’s national A & A and Wrap-up. Day 2: (1) Reports An application should indicate the demonstration value; and on Results of ITSPAC Member dates during which applicants expect to (v) The technical feasibility and Interviews; (2) Future Vision for ITS conduct congestion reduction activities political probability of the project being Program (Gaps and Opportunities, What (e.g., a six-month trial from June 30, implemented in the near term. Does Success Look Like?, Implications 2008 until December 31, 2008). If the The Department reserves the right to for the Future ITS Program); (3) applicant expects the activities to solicit candidates for agreements Summary of Outcomes (Prioritizing continue indefinitely, the application described herein by means other than Trends/Programs in Terms of JPO Role

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and Opportunities); and (4) Next Steps Environmental Impact Statement in investments in the area include the in Strategic Planning Activities. cooperation with the Tennessee Country Music Hall of Fame, the Frist Since access to the U.S. DOT building Department of Transportation (TDOT) Center for the Visual Arts, the is controlled, all persons who plan to and the Metropolitan Government of Symphony Hall, and Hilton Park. In attend the meeting must notify Ms. Nashville and Davidson County for the addition, the previously industrialized Marcia Pincus, the Committee Shelby Avenue/Demonbreun Street Railroad Gulch is being redeveloped Management Officer, at (202) 366–9230 (Gateway Boulevard) Corridor in with new commercial and office spaces, not later than November 21, 2007. Davidson County, Tennessee. along with several major high-rise Individuals attending the meeting must FOR FURTHER INFORMATION CONTACT: Ms. residential developments under report to the 1200 New Jersey Avenue Laurie S. Leffler, Assistant Division construction, and more land use entrance of the U.S. DOT Building for Administrator, Federal Highway changes in the Gulch anticipated in the admission. Attendance is open to the Administration-Tennessee Division near future. public, but limited space is available. Office, 640 Grassmere Park Road, Suite Letters describing the supplemental With the approval of Ms. Shelley Row, 112, Nashville, TN 37211. environmental studies and soliciting the Committee Designated Federal SUPPLEMENTARY INFORMATION: The U.S. input will be sent to the appropriate Official, members of the public may Department of Transportation Federal Federal, State, regional and local present oral statements at the meeting. Highway Administration (FHWA), in agencies that have expressed or are Non-committee members wishing to cooperation with the Tennessee known to have an interest or legal role present oral statements or obtain Department of Transportation (TDOT) in this proposal. Private organizations, information should contact Ms. Pincus. and the Metropolitan Government of citizens, and interest groups will have Questions about the agenda or written Nashville and Davidson County, intends an opportunity to provide input into the comments may be submitted by U.S. to prepare a Supplemental development of the Supplemental EIS, Mail to: U.S. Department of Environmental Impact Statement and to identify issues that should be Transportation, Research and Innovative (Supplemental EIS) for Shelby Avenue/ addressed. Notices of public meetings or Technology Administration, ITS Joint Demonbreun Street (Gateway public hearings will be given through Program Office, Attention: Marcia Boulevard) Corridor. This project is various forums, providing the time and Pincus, Room E33–401, 1200 New intended to enhance east-west place of the meeting along with other Jersey Avenue, SE., Washington DC transportation linkages and improve relevant information. The Supplemental 20590 or faxed to (202) 493–2027. The accessibility to the current Nashville DEIS will be available for public and ITS Joint Program Office requests that Central Business District (CBD) and for agency review and comment prior to the written comments be submitted prior to future development in the CBD. public hearing. the meeting. A Final Environmental Impact To ensure that the full range of issues Persons with a disability requiring Statement (FEIS) (FHWA–TN–EIS–96– related to the proposed action are special services, such as an interpreter 01–F) for the project was approved and identified and taken into account, for the hearing impaired, should contact released for public review on July 1, comments and suggestions are invited Ms. Pincus at least seven calendar days 1998, and a Record of Decision (ROD) from all interested parties. Comments prior to the meeting. was issued on September 15, 1998. and questions concerning the proposed Notice of this meeting is provided in A portion of this project has been action and Supplemental EIS should be accordance with the FACA and the constructed. The Korean Veterans directed to FHWA at the address General Service Administration Memorial Bridge over the Cumberland provided above. regulations (41 CFR part 102–3) River and the section of Gateway covering management of Federal Laurie S. Leffler, Boulevard from 1st Avenue South to 4th advisory committees. Assistant Division Administrator, Nashville, Avenue South have been completed and TN. Issued in Washington, DC, on the 6th day are open to traffic. The Supplemental [FR Doc. E7–22126 Filed 11–9–07; 8:45 am] of November, 2007. EIS is being prepared to address the BILLING CODE 4910–22–P John Augustine, remaining unbuilt portion of the Managing Director, ITS Joint Program Office. project’s selected alignment (Alternative [FR Doc. E7–22148 Filed 11–9–07; 8:45 am] 8) between 4th Avenue South and 13th DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–HY–P Avenue South. Under the selected alternative Maritime Administration identified in the ROD, the structurally DEPARTMENT OF TRANSPORTATION deficient Demonbreun Street Viaduct [Docket No. MARAD–2007–0008] would have been demolished and a new Federal Highway Administration Requested Administrative Waiver of structure would have been built across the Coastwise Trade Laws the Railroad Gulch from west of 11th Supplemental Environmental Impact Avenue to the project’s western AGENCY: Maritime Administration, Statement: Shelby Avenue/ terminus at 13th Avenue. Since Department of Transportation. Demonbreun Street (Gateway issuance of the ROD, the Demonbreun Boulevard) Corridor, Davidson County, ACTION: Invitation for public comments Street Viaduct has been rehabilitated TN on a requested administrative waiver of and is no longer considered structurally the Coastwise Trade Laws for the vessel AGENCY: Federal Highway deficient. CROWN JEWEL. Administration (FHWA), DOT. As a result of major land use changes ACTION: Supplemental notice of intent. within the original project area since the SUMMARY: As authorized by Pub. L. 105– ROD was issued, the environmental 383 and Pub. L. 107–295, the Secretary SUMMARY: The Federal Highway technical studies for the corridor must of Transportation, as represented by the Administration (FHWA) is issuing this be updated before the remainder of the Maritime Administration (MARAD), is notice to advise the public of its intent project between 4th and 13th Avenues authorized to grant waivers of the U.S.- to prepare a Supplemental can be advanced. Major new civic build requirement of the coastwise laws

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under certain circumstances. A request name of the individual submitting the EFTPS customer service requesting to for such a waiver has been received by comment (or signing the comment, if change the contact information on their MARAD. The vessel, and a brief submitted on behalf of an association, enrollment. As an alternative to faxing, description of the proposed service, is business, labor union, etc.). You may we would like to offer the taxpayer the listed below. The complete application review DOT’s complete Privacy Act option of downloading it from http:// is given in DOT docket MARAD–2007– Statement in the Federal Register www.eftps.com. This is a Treasury 0008 at http://www.regulations.gov. published on April 11, 2000 (Volume approved modification form that we fax Interested parties may comment on the 65, Number 70; Pages 19477–19478). to taxpayers when their contact effect this action may have on U.S. Dated: November 2, 2007. information is invalid and re-mailing vessel builders or businesses in the U.S. By order of the Maritime Administrator. correspondence could result in an that use U.S.-flag vessels. If MARAD undeliverable piece of mail. determines, in accordance with Pub. L. Christine Gurland, Current Actions: There are no changes 105–383 and MARAD’s regulations at 46 Acting Secretary, Maritime Administration. being made to the form at this time. CFR Part 388 (68 FR 23084; April 30, [FR Doc. E7–21970 Filed 11–9–07; 8:45 am] Type of Review: New collection. 2003), that the issuance of the waiver BILLING CODE 4910–81–P Affected Public: Individuals or will have an unduly adverse effect on a households, Business or other for-profit U.S.-vessel builder or a business that organizations, and the Federal uses U.S.-flag vessels in that business, a DEPARTMENT OF THE TREASURY Government. waiver will not be granted. Comments Estimated Number of Respondents: should refer to the docket number of Internal Revenue Service 12,000. this notice and the vessel name in order Estimated Time Per Respondent: 1 for MARAD to properly consider the Proposed Collection; Comment minute. comments. Comments should also state Request for EFTPS Primary Contact Estimated Total Annual Burden the commenter’s interest in the waiver Information Form Hours: 204 hours. The following paragraph applies to all application, and address the waiver AGENCY: Internal Revenue Service (IRS), of the collections of information covered criteria given in § 388.4 of MARAD’s Treasury. regulations at 46 CFR Part 388. by this notice: ACTION: Notice and request for An agency may not conduct or DATES: Submit comments on or before comments. sponsor, and a person is not required to December 13, 2007. respond to, a collection of information ADDRESSES: SUMMARY: The Department of the Comments should refer to unless the collection of information Treasury, as part of its continuing effort docket number MARAD–2007–0008. displays a valid OMB control number. to reduce paperwork and respondent Written comments may be submitted by Books or records relating to a collection burden, invites the general public and hand or by mail to the Docket Clerk, of information must be retained as long other Federal agencies to take this U.S. Department of Transportation, as their contents may become material opportunity to comment on proposed Docket Operations, M–30, West in the administration of any internal and/or continuing information Building Ground Floor, Room W12–140, revenue law. Generally, tax returns and collections, as required by the 1200 New Jersey Avenue, SE., tax return information are confidential, Paperwork Reduction Act of 1995, Washington, DC 20590. You may also as required by 26 U.S.C. 6103. Public Law 104–13 (44 U.S.C. send comments electronically via the Request for Comments: Comments 3506(c)(2)(A)). Currently, the IRS is Internet at http://www.regulations.gov. submitted in response to this notice will soliciting comments concerning the All comments will become part of this be summarized and/or included in the EFTPS Primary Contact Information docket and will be available for request for OMB approval. All Form. inspection and copying at the above comments will become a matter of address between 10 a.m. and 5 p.m., DATES: Written comments should be public record. Comments are invited on: E.T., Monday through Friday, except received on or before January 14, 2008 (a) Whether the collection of federal holidays. An electronic version to be assured of consideration. information is necessary for the proper of this document and all documents ADDRESSES: Direct all written comments performance of the functions of the entered into this docket is available on to Glenn Kirkland, Internal Revenue agency, including whether the the World Wide Web at http:// Service, Room 6129, 1111 Constitution information shall have practical utility; www.regulations.gov. Avenue NW., Washington, DC 20224. (b) the accuracy of the agency’s estimate FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: of the burden of the collection of Joann Spittle, U.S. Department of Requests for additional information or information; (c) ways to enhance the Transportation, Maritime copies of the form and instructions quality, utility, and clarity of the Administration, 1200 New Jersey should be directed to Allan Hopkins, at information to be collected; (d) ways to Avenue, SE., Room W21–203, (202) 622–6665, or at Internal Revenue minimize the burden of the collection of Washington, DC 20590. Telephone 202– Service, Room 6129, 1111 Constitution information on respondents, including 366–5979. Avenue NW., Washington, DC 20224, or through the use of automated collection SUPPLEMENTARY INFORMATION: As through the Internet, at techniques or other forms of information described by the applicant the intended [email protected]. technology; and (e) estimates of capital service of the vessel CROWN JEWEL is: or start-up costs and costs of operation, Intended Use: ‘‘Leisure charter.’’ SUPPLEMENTARY INFORMATION: maintenance, and purchase of services Geographic Region: ‘‘Washington, SE Title: EFTPS Primary Contact to provide information. British Columbia’’. Information Form. OMB Number: 1545–XXXX. Approved: November 6, 2007. Privacy Act Abstract: Currently, taxpayers can Glenn Kirkland, Anyone is able to search the only obtain the Primary Contact IRS Reports Clearance Officer. electronic form of all comments Information Form by calling EFTPS [FR Doc. E7–22138 Filed 11–9–07; 8:45 am] received into any of our dockets by the Customer Service. The taxpayer calls BILLING CODE 4830–01–P

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DEPARTMENT OF VETERANS standards and guidelines regarding VA served basis and will be provided three AFFAIRS benefit claims based upon exposure to minutes per statement. ionizing radiation. Members of the public wishing to Veterans’ Advisory Committee on The Committee agenda will include attend should contact Ms. Bernice Green Environmental Hazards; Notice of discussions of medical and scientific at the Department of Veterans Affairs, Meeting papers concerning the health effects of Compensation and Pension Service, 810 exposure to ionizing radiation. On the The Department of Veterans Affairs basis of the discussions, the Committee Vermont Avenue, NW., Washington, DC (VA) gives notice under Public Law 92– may make recommendations to the 20420, by phone at (202) 461–9723, or 463 (Federal Advisory Committee Act) Secretary concerning the relationship of by fax at (202) 275–1728. Individuals that a meeting of the Veterans’ Advisory certain diseases to exposure. On should submit written questions or Committee on Environmental Hazards December 3, VA’s Public Health and prepared statements for the Committee’s will be held on December 3–4, 2007, in Environmental Hazards staff will make review to Ms. Green at least five days Room 630 at 810 Vermont Avenue, NW., a presentation. On December 4, the prior to the meeting. Those who submit Washington, DC. The sessions will be session will focus on planning for future material may be asked for clarification from 8 a.m. to 4:30 p.m. each day. The Committee activities and assignment of prior to submission to the Committee. meeting is open to the public. tasks among members. Dated: November 6, 2007. The purpose of the Committee is to As open forum for oral statements By Direction of the Secretary. provide advice to the Secretary of from the public will be available for 30 Veterans Affairs on adverse health minutes in the afternoon each day. E. Philip Riggin, effects that may be associated with People wishing to make oral statements Committee Management Officer. exposure to ionizing radiation, and to before the Committee will be [FR Doc. 07–5633 Filed 11–9–07; 8:45 am] make recommendations on proposed accommodated on a first-come, first- BILLING CODE 8320–01–M

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Corrections Federal Register Vol. 72, No. 218

Tuesday, November 13, 2007

This section of the FEDERAL REGISTER appeared in the issue of Thursday, DEPARTMENT OF STATE contains editorial corrections of previously October 25, 2007 at page 60718. The published Presidential, Rule, Proposed Rule, correction at 72 FR 60718 erroneously [Public Notice: 5985] and Notice documents. These corrections are removed notice document E7-20797 prepared by the Office of the Federal Register. Agency prepared corrections are appearing at pages 60041-60043 in the 60-Day Notice of Proposed Information issued as signed documents and appear in issue of Tuesday, October 23, 2007. Collection: DS-10, Birth Affidavit, OMB the appropriate document categories Notice document E7–20797 correctly Control Number 1405-0132 elsewhere in the issue. appeared in the issue of Tuesday, Correction October 23, 2007 at pages 60041-60043. [FR Doc. Z7–20797 Filed 11–9–07; 8:45 am] In notice document E7–21855 OFFICE OF PERSONNEL BILLING CODE 1505–01–D beginning on page 62892 in the issue of MANAGEMENT Wednesday, November 7, 2007, make the following correction: Privacy Act of 1974: New System of On page 62892, in the third column, Records in the DATES section, ‘‘January 7, 2008’’ Correction should read ‘‘November 7, 2007’’. This is a correction to Federal [FR Doc. Z7–21855 Filed 11–9–07; 8:45 am] Register correction Z7–20797 that BILLING CODE 1505–01–D

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Part II

The President Notice of November 8, 2007— Continuation of Emergency Regarding Weapons of Mass Destruction Notice of November 8, 2007— Continuation of the National Emergency With Respect to Iran

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Federal Register Presidential Documents Vol. 72, No. 218

Tuesday, November 13, 2007

Title 3— Notice of November 8, 2007

The President Continuation of Emergency Regarding Weapons of Mass De- struction

On November 14, 1994, by Executive Order 12938, the President declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons ‘‘weapons of mass destruction’’ and the means of delivering such weapons. On July 28, 1998, the President issued Executive Order 13094 amending Executive Order 12938 to respond more effectively to the worldwide threat of weapons of mass destruction proliferation activities. On June 28, 2005, I issued Executive Order 13382 which, inter alia, further amended Executive Order 12938 to improve our ability to combat proliferation. The proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States; therefore, the national emergency first declared on November 14, 1994, and extended in each subsequent year, must continue. In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 12938, as amended. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, November 8, 2007. [FR Doc. 07–5657 Filed 11–9–07; 8:54 am] Billing code 3195–01–P

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Notice of November 8, 2007

Continuation of the National Emergency With Respect to Iran

On November 14, 1979, by Executive Order 12170, the President declared a national emergency with respect to Iran pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the situation in Iran. Because our relations with Iran have not yet returned to normal, and the process of implementing the January 19, 1981 agreements with Iran is still underway, the national emergency declared on November 14, 1979, must continue in effect beyond November 14, 2007. Therefore, consistent with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year this national emergency with respect to Iran. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, November 8, 2007. [FR Doc. 07–5658 Filed 11–9–07; 8:54 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 72, No. 218 Tuesday, November 13, 2007

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. 235...... 63785 Presidential Documents 2 CFR 245...... 63785 Executive orders and proclamations 741–6000 175...... 63783 301...... 62409 The United States Government Manual 741–6000 3 CFR 457...... 62767 Other Services 718...... 63242 Proclamations: 761...... 63242 Electronic and on-line services (voice) 741–6020 8195...... 62395 762...... 63242 Privacy Act Compilation 741–6064 8196...... 62397 763...... 63242 Public Laws Update Service (numbers, dates, etc.) 741–6043 8197...... 62399 764...... 63242 TTY for the deaf-and-hard-of-hearing 741–6086 8198...... 62401 765...... 63242 8199...... 62403 766...... 63242 8200...... 62555 767...... 63242 ELECTRONIC RESEARCH 8201...... 62557 768...... 63242 World Wide Web Executive Orders: 769...... 63242 12170 (See Notice of 993...... 62409 Full text of the daily Federal Register, CFR and other publications Nov. 8, 2007: 1170...... 62105 is located at: http://www.gpoaccess.gov/nara/index.html National Emergency 1405...... 63242 Federal Register information and research tools, including Public With Iran) ...... 63965 Proposed Rules: Inspection List, indexes, and links to GPO Access are located at: 12938 (See Notice of 47...... 61820 http://www.archives.gov/federallregister Nov. 8, 2007: 51...... 62417 Emergency E-mail 56...... 62591 Regarding Weapons 70...... 62591 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is of Mass an open e-mail service that provides subscribers with a digital Destruction)...... 63963 8 CFR form of the Federal Register Table of Contents. The digital form 13067 (See Notice of 245...... 61791 of the Federal Register Table of Contents includes HTML and November 1, Proposed Rules: PDF links to the full text of each document. 2007) ...... 62407 100...... 62593 To join or leave, go to http://listserv.access.gpo.gov and select 13094 (See Notice of 103...... 61821 Online mailing list archives, FEDREGTOC-L, Join or leave the list Nov. 8, 2007: 204...... 61821 (or change settings); then follow the instructions. Emergency 212...... 62593 Regarding Weapons PENS (Public Law Electronic Notification Service) is an e-mail 214...... 61821 of Mass 299...... 61821 service that notifies subscribers of recently enacted laws. Destruction)...... 63963 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13382 (See Notice of 9 CFR and select Join or leave the list (or change settings); then follow Nov. 8, 2007: 94...... 63796 the instructions. Emergency 381...... 61793 Regarding Weapons FEDREGTOC-L and PENS are mailing lists only. We cannot 10 CFR respond to specific inquiries. of Mass Destruction)...... 63963 Proposed Rules: Reference questions. Send questions and comments about the 13400 (See Notice of 54...... 63141 Federal Register system to: [email protected] November 1, The Federal Register staff cannot interpret specific documents or 2007) ...... 62407 11 CFR regulations. Administrative Orders: Proposed Rules: Notices: 88...... 62798 FEDERAL REGISTER PAGES AND DATE, NOVEMBER Notice of November 1, 100...... 62600 2007 ...... 62407 104...... 62600 Notice of November 8, 61791–62104...... 1 12 CFR 62105–62408...... 2 2007 (Emergency 41...... 62910, 63718 62409–62558...... 5 Regarding Weapons 201...... 63097 62559–62766...... 6 of Mass Destruction)...... 63963 202...... 63445 62767–63096...... 7 Notice of November 8, 205...... 63452 63097–63444...... 8 2007 (National 213...... 63456 63445–63782...... 9 Emergency With 222...... 62910, 63718 63783–63966...... 13 Iran)...... 63965 226...... 63462 230...... 63477 5 CFR 334...... 62910, 63718 353...... 62767 364...... 63718 551...... 62768 7 CFR 571...... 62910, 63718 210...... 63785 717...... 62910, 63718 215...... 63785 Proposed Rules: 220...... 63785 308...... 62310

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363...... 62310 22 CFR 39 CFR 22...... 63076, 63088 23...... 63040 14 CFR 62...... 61800, 62112 3001...... 63662 3010...... 63662 25...... 63089 1...... 63364 24 CFR 3015...... 63662 26...... 63084 21...... 63364, 63797 3285...... 62308 3020...... 63662 27...... 63045 23...... 62105 28...... 63027 25...... 63364 26 CFR 40 CFR 32...... 63027 26...... 63364 1 ...... 62771, 63806, 63807, 52 ...... 61806, 62119, 62338, 33...... 63027, 63045 39 ...... 61796, 62559, 62560, 63813 62571, 62579, 62788, 63107 42...... 63040 62562, 62564, 62566, 62568, 301...... 62771, 63807 60...... 62414 43...... 63027 63098, 63800, 63805 602...... 63813 81...... 62414 45...... 63040 71 ...... 62107, 62108, 62110, Proposed Rules: 82...... 63490 62111, 62412, 63100, 63101 50...... 63027 1 ...... 62608, 62805, 63143, 97...... 62788 52 ...... 63027, 63040, 63045, 91...... 63364 63144, 63523, 63528, 63838 180...... 62788 121...... 63364 63076, 63084, 63089 301...... 62805 Proposed Rules: 53...... 63089 125...... 63364 51...... 63850 129...... 63364 29 CFR 202...... 63113 52 ...... 62175, 62420, 62422, 212...... 63113 Proposed Rules: Proposed Rules: 62615, 62616, 62807, 62809, 225...... 63113 39 ...... 61822, 61824, 62143, 1401...... 62417 63850 62802, 63503, 63506, 63508, 63...... 63159 Proposed Rules: 63510, 63512, 63827, 63829, 30 CFR 82...... 63535 2...... 61854 63831, 63834, 63836 Proposed Rules: 4...... 61854 42 CFR 12...... 61854 15 CFR 49...... 63529, 63540 75...... 63530 411...... 62585 14...... 61854 734...... 62768 250...... 63155 412...... 62585 15...... 61854 742...... 62524 413...... 62585 16...... 61854 743...... 62524 31 CFR 489...... 62585 19...... 61854 744...... 62524 2...... 63104 27...... 61854 772...... 62524 44 CFR 30...... 61854 774...... 62524, 62768 32 CFR 64...... 63110, 63112 31...... 61854 706...... 62412, 63485 65...... 62121 16 CFR 32...... 61854 67...... 61806 42...... 61854 33 CFR 681...... 63718 Proposed Rules: 44...... 61854 101...... 63106 17 CFR 67 ...... 61828, 61850, 62178, 49...... 61854 105...... 63106 62184, 62194 52...... 61854 3...... 63102 106...... 63106 211...... 63484 117 ...... 63107, 63486, 63487, 47 CFR Proposed Rules: 63488 11...... 62123 49 CFR 232...... 63513 165...... 62117, 63488 15...... 63823 385...... 62795 270...... 63513 Proposed Rules: 27...... 63499 571...... 62135 100...... 63839 64...... 61813 19 CFR 585...... 62135 117...... 63156, 63530 73...... 63823 1507...... 63706 123...... 63805 165...... 62609, 62613 Proposed Rules: 1572...... 63106 11...... 62195 20 CFR 34 CFR Proposed Rules: 73 ...... 63866, 63867, 63868 571...... 62198 Proposed Rules: 668...... 62014 74...... 62616 579...... 62198 404...... 62607 674...... 61960, 62014 90...... 63869 405...... 62607 676...... 62014 1114...... 62200 416...... 62607 682...... 61960, 62014 48 CFR 1121...... 62200 616...... 62145 685...... 61960, 62014 Ch. 1...... 63026, 63094 1150...... 62200 690...... 62014 1...... 63027, 63089 1180...... 62200 21 CFR 691...... 62014 2 ...... 63040, 63045, 63075 522...... 62771 3...... 63045 50 CFR 558...... 62570 36 CFR 4 ...... 63040, 63075, 63076 17...... 62736, 63123 Proposed Rules: Proposed Rules: 5...... 63075, 63084 229...... 62587, 63824 2...... 63141 1191...... 61826 6...... 63084 101...... 62149 1193...... 61827 7...... 63027, 63040 600...... 61815 606...... 63416 1194...... 61827 11...... 63040 622...... 62415 610...... 63416 1195...... 61828 12 ...... 63040, 63045, 63084 648...... 62416 630...... 63416 13...... 63040, 63075 679...... 62590, 63500 37 CFR 640...... 63416 15...... 63045, 63076 Proposed Rules: 660...... 63416 202...... 61801 17...... 63076 17...... 62992 820...... 63416 Proposed Rules: 18 ...... 63027, 63045, 63084 223...... 63537 1270...... 63416 383...... 63532 19...... 63045 679...... 63871

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REMINDERS HOMELAND SECURITY due by 11-19-07; The items in this list were DEPARTMENT COMMENTS DUE NEXT published 9-19-07 [FR E7- editorially compiled as an aid Federal Emergency WEEK 18205] to Federal Register users. Management Agency Personnel claims; Inclusion or exclusion from Disaster assistance: administrative processing AGRICULTURE this list has no legal and consideration; Robert T. Stafford Disaster DEPARTMENT significance. Relief and Emergency comments due by 11-19- Animal and Plant Health Assistance Act; 07; published 9-19-07 [FR Inspection Service management costs E7-18204] RULES GOING INTO provisions; Exportation and importation of ENERGY DEPARTMENT animals and animal EFFECT NOVEMBER 13, implementation; published Western Area Power products: 2007 10-11-07 Administration African swine fever; LABOR DEPARTMENT Energy Planning and regions— AGRICULTURE Employee Benefits Security Management Program: DEPARTMENT Administration Georgia; comments due Integrated resource planning Agricultural Marketing by 11-19-07; published approval criteria; Employee Retirement Income 9-18-07 [FR E7-18315] Service Security Act: comments due by 11-19- Prunes (fresh) grown in Plant-related quarantine, 07; published 8-21-07 [FR Individual account plans; domestic: Washington and Oregon; annuity providers E7-16477] published 10-12-07 selection; published 9-12- Exotic fruit flies; regulations ENVIRONMENTAL ENERGY DEPARTMENT 07 consolidation; comments PROTECTION AGENCY due by 11-19-07; Energy conservation: Air quality implementation TRANSPORTATION published 9-18-07 [FR E7- Commercial and industrial plans: DEPARTMENT 18316] equipment, energy Federal Aviation Preparation, adoption, and efficiency program— AGRICULTURE submittal— Administration DEPARTMENT Distribution transformers; Aircraft: Particulate matter less published 10-12-07 Forest Service Non fixed-winged aircraft; than 2.5 micrometers; National Forest System lands: ENVIRONMENTAL nationality and registration prevention of significant PROTECTION AGENCY marks; published 9-14-07 Unauthorized mineral deterioration; comments operations; criminal due by 11-20-07; Air programs; approval and Airworthiness directives: promulgation; State plans citation issuance; published 9-21-07 [FR Airbus; correction; published for designated facilities and clarification; comments E7-18346] 11-13-07 pollutants: due by 11-23-07; Air quality implementation Rolls-Royce plc; published Minnesota; published 9-11- published 10-23-07 [FR plans; limited approval 10-26-07 07 E7-20758] under Clean Air Interstate Airworthiness standards: Air quality implementation COMMERCE DEPARTMENT Rule: plans; approval and Special conditions— Economic Analysis Bureau Indiana; comments due by promulgation; various Boeing Model 787-8 International service surveys: 11-21-07; published 10- airplane; published 10- 22-07 [FR E7-20249] States: BE-12; foreign direct 11-07 Florida; published 10-12-07 investment in the U.S.; Air quality implementation Indiana; published 9-13-07 Boeing Model 878-8 benchmark survey; plans; approval and promulgation; various Kentucky; published 9-13-07 airplane; published 10- comments due by 11-20- 11-07 States: North Carolina; published 9- 07; published 9-21-07 [FR Missouri; comments due by 12-07 TRANSPORTATION E7-18592] 11-19-07; published 10- DEPARTMENT DEFENSE DEPARTMENT West Virginia; published 9- 18-07 [FR E7-20375] 13-07 National Highway Traffic Federal Acquisition Regulation Air quality implementation Safety Administration (FAR): Grants and cooperative plans; approval and Motor vehicle safety agreements; availability, etc.: Cost or pricing data; promulgation; various standards: Revising Budget Period definition; comments due States; air quality planning Limitation for research Occupant protection in by 11-22-07; published purposes; designation of Grants and Cooperative interior impact; side 11-1-07 [FR 07-05404] areas: impact protection; phase- Agreements; published 9- DEFENSE DEPARTMENT Pennsylvania; comments in reporting requirements; 12-07 due by 11-23-07; published 9-11-07 Navy Department FEDERAL Claims on behalf of and published 10-24-07 [FR TREASURY DEPARTMENT COMMUNICATIONS against U.S.: E7-20942] COMMISSION Internal Revenue Service Affirmative claims; Pesticides; tolerances in food, Common carrier services: Income taxes: administrative processing animal feeds, and raw Wireless telecommunications Employer-Owned Life and consideration; agriculture commodities: services— Insurance Contracts; comments due by 11-19- Amitraz, etc.; comments due Bell Operating Companies information reporting 07; published 9-19-07 [FR by 11-19-07; published 9- separate affiliate and requirements; published E7-18199] 19-07 [FR E7-18508] related requirements; 11-13-07 General claims; Pesticides; tolerances in food, sunset; published 10- Railroad track maintenance administrative processing animal feeds, and raw 12-07 credit; published 11-13-07 and consideration; agriculture comodities: FEDERAL DEPOSIT Procedure and administration: comments due by 11-19- Chloroneb, etc.; comments INSURANCE CORPORATION Corporate income tax 07; published 9-19-07 [FR due by 11-19-07; Membership advertisement: returns and organizations E7-18198] published 9-19-07 [FR E7- New insurance logo to be filing returns under section Nonappropriated-funds 18496] used by all insured 6033; magnetic media claims; administrative Pesticides; tolerances in food, depository institutions, requirement; published 11- processing and animal feeds, and raw etc.; published 11-13-06 13-07 consideration; comments agricultural commodities:

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Desmedipham; comments Ozone depleting substances; Surface and underground coal Boeing; comments due by due by 11-19-07; essential use mining activities: 11-20-07; published 9-21- published 9-19-07 [FR E7- designations; removal; Excess spoil and coal mine 07 [FR E7-18436] 18373] comments due by 11-19- waste minimization and Empresa Brasileira de Pendimethalin; comments 07; published 9-20-07 [FR stream buffer zones for Aeronautica S.A. due by 11-19-07; 07-04663] U.S. waters— (EMBRAER); comments published 9-19-07 [FR E7- HOMELAND SECURITY Public hearings; due by 11-19-07; 18259] DEPARTMENT comments due by 11- published 10-25-07 [FR Trifloxystrobin; comments U.S. Customs and Border 23-07; published 10-10- E7-21008] due by 11-19-07; Protection 07 [FR E7-19961] Eurocopter France; published 9-19-07 [FR E7- comments due by 11-19- Air commerce and vessels in JUSTICE DEPARTMENT 18371] 07; published 10-19-07 foreign and domestic trades: Superfund program: Drug Enforcement [FR E7-20684] Passengers, crew members Administration National oil and hazardous General Electric Co.; and non-crew members substances contingency Controlled substances; comments due by 11-19- traveling onboard plan priorities list; manufacturers, distributors, 07; published 9-19-07 [FR international commercial comments due by 11-19- and dispensers; registration: E7-18418] 07; published 9-19-07 [FR flights and voyages; Maintenance or electronic manifest Rolls-Royce, plc; comments E7-18154] detoxification treatment; due by 11-23-07; requirements; comments approved narcotic FARM CREDIT due by 11-19-07; published 10-24-07 [FR ADMINISTRATION controlled substances E7-20923] published 9-18-07 [FR E7- dispensed or prescribed Farm credit system: 18121] Turbomeca S.A.; comments Funding and fiscal affairs, by qualified individual due by 11-20-07; loan policies and HOMELAND SECURITY practitioners published 9-21-07 [FR E7- operations, and funding DEPARTMENT Patient limitation changes; 18434] operations— Coast Guard comments due by 11- Airworthiness standards: 19-07; published 9-20- Capital adequacy; Basel Anchorage regulations: Special conditions— 07 [FR E7-18531] Accord; comments due Florida; comments due by Adam Aircraft Industries by 11-19-07; published 11-21-07; published 10- Records and reports of listed Model A700; comments 6-21-07 [FR E7-11990] 22-07 [FR E7-20608] chemicals and certain due by 11-19-07; FEDERAL DEPOSIT Ports and waterways safety; machines: published 9-18-07 [FR INSURANCE CORPORATION regulated navigation areas, Chemical distributors; record E7-18342] requirements; comments Assessments: safety zones, security TRANSPORTATION due by 11-20-07; Dividend requirements; zones, etc.: DEPARTMENT implementation; comments Nawiliwili Harbor, Kauai, HI; published 9-21-07 [FR E7- 18530] Federal Highway due by 11-19-07; comments due by 11-20- Administration published 9-18-07 [FR 07- Schedules of controlled 07; published 10-31-07 Automated toll collection 04596] substances: [FR 07-05412] systems; interoperability GENERAL SERVICES HOMELAND SECURITY Tetrahydrocannabinols; requirements, standards, or ADMINISTRATION DEPARTMENT Schedule III listing; performance specifications; technical amendment; Federal Acquisition Regulation Transportation Security comments due by 11-19-07; comments due by 11-23- (FAR): Administration published 9-20-07 [FR E7- Cost or pricing data; 07; published 9-24-07 [FR Civil aviation security: 18529] definition; comments due E7-18714] Secure Flight program; TRANSPORTATION by 11-22-07; published JUSTICE DEPARTMENT DEPARTMENT 11-1-07 [FR 07-05404] comments due by 11-21- Parole Commission National Highway Traffic HEALTH AND HUMAN 07; published 10-24-07 [FR 07-05254] Federal prisoners; paroling Safety Administration SERVICES DEPARTMENT and releasing, etc.: INTERIOR DEPARTMENT Motor vehicle safety Agency for Healthcare Probable cause hearings; standards: Research and Quality Fish and Wildlife Service feasibility of conducting Brake hoses; technical Agency information collection Endangered and threatened through video conferences amendments; comments activities; proposals, species: between Commission due by 11-23-07; submissions, and approvals; Critical habitat office and District of published 10-9-07 [FR E7- comments due by 11-19-07; designations— Columbia Central 19467] published 10-19-07 [FR 07- Dentention Facility; 05156] Sierra Nevada bighorn TRANSPORTATION sheep; comments due comments due by 11-19- DEPARTMENT HEALTH AND HUMAN 07; published 9-18-07 [FR by 11-23-07; published Pipeline and Hazardous SERVICES DEPARTMENT 10-9-07 [FR E7-19596] E7-17762] Centers for Medicare & Materials Safety Pariette cactus; listing; NATIONAL AERONAUTICS Medicaid Services Administration comments due by 11-19- AND SPACE Medicare: Hazardous materials: 07; published 9-18-07 [FR ADMINISTRATION Hospital inpatient Fuel cell cartridges and E7-18195] Federal Acquisition Regulation systems; transportation prospective payment (FAR): systems and 2008 FY INTERIOR DEPARTMENT onboard passenger rates; comments due by Surface Mining Reclamation Cost or pricing data; aircraft in carry-on 11-20-07; published 8-22- and Enforcement Office definition; comments due baggage; comments due by 11-22-07; published by 11-19-07; published 9- 07 [FR 07-03820] Permanent program and 11-1-07 [FR 07-05404] 20-07 [FR E7-18532] HEALTH AND HUMAN abandoned mine land SERVICES DEPARTMENT reclamation plan TRANSPORTATION TREASURY DEPARTMENT Food and Drug submissions: DEPARTMENT Internal Revenue Service Administration Utah; comments due by 11- Federal Aviation Income taxes: Administrative rulings and 21-07; published 10-22-07 Administration Medical and accident decisions: [FR E7-20697] Airworthiness directives: insurance benefits under

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qualified plans; tax Update Service) on 202–523– index.html. Some laws may enacted public laws. To treatment of payments; 6641. This list is also not yet be available. subscribe, go to http:// comments due by 11-19- available online at http:// Passed over the President’s listserv.gsa.gov/archives/ 07; published 8-20-07 [FR www.archives.gov/federal- veto: publaws-l.html E7-16084] register/laws.html. Partner’s distributive share; H.R. 1495/P.L. 110–114 The text of laws is not comments due by 11-20- Water Resources Development Note: This service is strictly published in the Federal 07; published 8-22-07 [FR Act of 2007 (Nov. 8, 2007; for E-mail notification of new Register but may be ordered E7-16189] 121 Stat. 1041) laws. The text of laws is not in ‘‘slip law’’ (individual Last List November 9, 2007 available through this service. pamphlet) form from the LIST OF PUBLIC LAWS Superintendent of Documents, PENS cannot respond to U.S. Government Printing specific inquiries sent to this Public Laws Electronic address. This is a continuing list of Office, Washington, DC 20402 Notification Service public bills from the current (phone, 202–512–1808). The session of Congress which text will also be made (PENS) have become Federal laws. It available on the Internet from may be used in conjunction GPO Access http:// PENS is a free electronic mail with ‘‘PLUS’’ (Public Laws www.gpoaccess.gov/plaws/ notification service of newly

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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 $1499.00 domestic, $599.60 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

VerDate Aug 31 2005 18:20 Nov 09, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\13NOCL.LOC 13NOCL pwalker on PROD1PC71 with NOTICES4 viii Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Reader Aids

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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