3–16–07 Friday Vol. 72 No. 51 Mar. 16, 2007

Pages 12545–12700

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The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866- 512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 72 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.

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Contents Federal Register Vol. 72, No. 51

Friday, March 16, 2007

Agency for Healthcare Research and Quality PROPOSED RULES NOTICES Federal Acquisition Regulation (FAR): Evidence-based practice centers; evidence reports, Approved attorneys, abstracters, and title companies; list, technology assessments, and comparative and 12584–12585 effectiveness reviews; topics nominations, 12618–12619 Drug Enforcement Administration Agriculture Department NOTICES See Animal and Plant Health Inspection Service Registration revocations, restrictions, denials, See Forest Service reinstatements: NOTICES Siegfried (USA), Inc., 12635 Agency information collection activities; proposals, submissions, and approvals, 12590 Energy Department Committees; establishment, renewal, termination, etc.: See Federal Energy Regulatory Commission Expert Review of Synthesis and Assessment Product 4.3 Advisory Committee, 12590–12592 Engineers Corps NOTICES Environmental statements; availability, etc.: Animal and Plant Health Inspection Service San Bernadino County, CA; Burlington Northern Santa Fe NOTICES (BNSF) Third Main Track Summit to Keenbrook Agency information collection activities; proposals, Project, 12597–12598 submissions, and approvals, 12592–12593 Environmental statements; notice of intent: Brevard County, FL; Port Canaveral Improvements Army Department Section 203 Feasibility Study, 12598–12599 See Engineers Corps Placer Vineyards Project, CA; mixed-use planned NOTICES community construction, 12599–12600 Patent licenses; non-exclusive, exclusive, or partially exclusive: Environmental Protection Agency Method and device for detection and track of targets in RULES high clutter, 12596–12597 Air quality implementation plans; approval and Methods for polymerization of electronic and photonic promulgation; various States: polymers, 12597 Wisconsin, 12565–12568 Multiple pass faraday rotation amplifier, 12597 Hazardous waste program authorizations: Vermont, 12568–12572 Arts and Humanities, National Foundation PROPOSED RULES See National Foundation on the Arts and the Humanities Air quality implementation plans; approval and promulgation; various States: Children and Families Administration Wisconsin, 12581 NOTICES Hazardous waste program authorizations: Agency information collection activities; proposals, Vermont, 12581–12582 submissions, and approvals, 12619–12620 Toxic substances: Lead; renovation, repair, and painting program; hazard Civil Rights Commission exposure reduction; studies availability, 12582– NOTICES 12584 Meetings; State advisory committees: NOTICES California, 12595–12596 Agency information collection activities; proposals, Illinois, 12596 submissions, and approvals, 12606–12609 Environmental statements; availability, etc.: Agency comment availability, 12609–12610 Coast Guard Agency weekly receipts, 12610–12611 NOTICES Superfund; response and remedial actions, proposed Reports and guidance documents; availability, etc.: settlements, etc.: Transportation Worker Identity Credential biometric McClellan Air Force Base Site, CA, 12611 reader specification and contactless smart card, 12626–12627 Federal Aviation Administration RULES Commerce Department Airworthiness directives: See National Institute of Standards and Technology Airbus, 12550–12557 See National Oceanic and Atmospheric Administration B-N Group Ltd., 12557–12560 EADS SOCATA, 12546–12550 Defense Department PROPOSED RULES See Army Department Airworthiness directives: See Engineers Corps Dornier Luftfahrt GmbH, 12574–12576

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Saab, 12576–12578 Food and Drug Administration Class E airspace, 12578–12581 RULES Animal drugs, feeds, and related products: Federal Deposit Insurance Corporation 25-hydroxyvitamin, 12560–12564 NOTICES NOTICES Meetings; Sunshine Act, 12611–12612 Meetings: Anti-Infective Drugs Advisory Committee, 12620 Federal Election Commission Pharmaceutical Science and Clinical Pharmacology RULES Advisory Committee, 12621 Compliance procedures: Enforcement proceedings; matters under review; policy Foreign Claims Settlement Commission statement, 12545–12546 NOTICES NOTICES Meetings; Sunshine Act, 12635–12636 Meetings; Sunshine Act, 12612 Forest Service Federal Energy Regulatory Commission RULES NOTICES Alaska National Interest Lands Conservation Act: Agency information collection activities; proposals, Fish and shellfish; subsistence taking, 12676–12694 submissions, and approvals, 12600–12601 NOTICES Electric rate and corporate regulation combined filings, Environmental statements; notice of intent.: 12603–12604 Klamath National Forest, CA; canceled, 12593 Meetings: Pike and San Isabel National Forests Cimarron and RTO and ISO seams issues in Eastern Interconnection; Comanche Grasslands, CO, 12593–12595 technical conference, 12604 Meetings: Meetings; Sunshine Act, 12604–12605 Lake Tahoe Basin Federal Advisory Committee, 12595 Off-the-record communications, 12605–12606 Land Between The Lakes Advisory Board, 12595 Applications, hearings, determinations, etc.: Enstor Gulf Coast Storage, LLC, 12601–12602 General Services Administration Gulf South Pipeline Co., LP, 12602 RULES Southern Company Services, Inc., 12603 Federal Management Regulation: Surplus personal property donation; historic light Federal Motor Carrier Safety Administration stations, 12572 NOTICES PROPOSED RULES Motor carrier safety standards: Federal Acquisition Regulation (FAR): Driver qualifications; diabetes exemptions, 12656–12664 Approved attorneys, abstracters, and title companies; list, Driver qualifications; vision requirement exemptions, 12584–12585 12665–12669 Health and Human Services Department Federal Reserve System See Agency for Healthcare Research and Quality NOTICES See Children and Families Administration Banks and bank holding companies: See Food and Drug Administration Change in bank control, 12612 See National Institutes of Health Formations, acquisitions, and mergers, 12612–12613 NOTICES Special Exposure Cohort; employee class designations: Federal Trade Commission Allied Chemical Corporation Plant, IL, 12617 NOTICES Harshaw Harvard-Denison Plant, OH, 12617–12618 Prohibited trade practices: Kmart Corp et al., 12613–12615 Homeland Security Department Missouri Board of Embalmers and Funeral Directors, See Coast Guard 12615–12617 NOTICES Meetings: Fish and Wildlife Service National Infrastructure Advisory Council, 12625–12626 RULES Alaska National Interest Lands Conservation Act: Housing and Urban Development Department Fish and shellfish; subsistence taking, 12676–12694 NOTICES PROPOSED RULES Grants and cooperative agreements; availability, etc.: Endangered and threatened species: Homeless assistance; excess and surplus Federal Critical habitat designations— properties, 12627–12628 Peck’s cave amphipod, etc., 12585–12589 Reports and guidance documents; availability, etc.: NOTICES National origin discrimination as it affects limited Agency information collection activities; proposals, English proficient persons; prohibition; policy submissions, and approvals, 12628–12631 guidance to Federal financial assistance recipients, Endangered and threatened species: 12628 Incidental take permits— Violence Against Women and Department of Justice Palm Beach County, FL; Florida scrub-jay, 12631– Reauthorization Act of 2005; HUD programs 12632 applicability, 12696–12700 Environmental statements; availability, etc.: Missisquoi National Wildlife Refuge, VT; comprehensive Interior Department conservation plan, 12632–12633 See Fish and Wildlife Service

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See Land Management Bureau National Oceanic and Atmospheric Administration RULES Justice Department Fishery conservation and management: See Drug Enforcement Administration Northeastern United States fisheries— See Foreign Claims Settlement Commission Atlantic sea scallop, 12572–12573 NOTICES Agency information collection activities; proposals, Nuclear Regulatory Commission submissions, and approvals, 12634 NOTICES Meetings: Export and import license applications for nuclear facilities Violence Against Women National Advisory Committee, and materials: 12634–12635 AREVA NP Inc., 12637 Westinghouse Electric Co., 12637–12638 Labor Department Meetings; Sunshine Act, 12638–12639 NOTICES Senior Executive Service Performance Review Board; Pipeline and Hazardous Materials Safety Administration membership, 12636 NOTICES Hazardous materials: Land Management Bureau Special permit applications; list, 12670–12673 NOTICES Meetings: Postal Service Resource Advisory Councils— RULES Central California, 12633–12634 Organization and administration: Conduct on Postal Service property; weapons and Maritime Administration explosives prohibition; clarification, 12565 NOTICES Agency information collection activities; proposals, Railroad Retirement Board submissions, and approvals, 12669 NOTICES Coastwise trade laws; administrative waivers: Agency information collection activities; proposals, CATNAP, 12669–12670 submissions, and approvals, 12639 KUWANLELENTA, 12670 Saint Lawrence Seaway Development Corporation National Aeronautics and Space Administration NOTICES Meetings: PROPOSED RULES Advisory Board, 12673 Federal Acquisition Regulation (FAR): Approved attorneys, abstracters, and title companies; list, Securities and Exchange Commission 12584–12585 NOTICES NOTICES Joint Industry Plan: Committees; establishment, renewal, termination, etc.: American Stock Exchange LLC et al., 12639–12640 U.S. Spaced-Based Positioning, Navigation, and Timing Meetings: Advisory Board, 12636 Interactive data; creating interactive data to serve National Foundation on the Arts and the Humanities investors; roundtable, 12640 Self-regulatory organizations; proposed rule changes: NOTICES Chicago Board Options Exchange, Inc., 12641–12644 Agency information collection activities; proposals, International Securities Exchange, LLC, 12644–12646 submissions, and approvals, 12636–12637 NASDAQ Stock Market LLC, 12647–12650 National Institute of Standards and Technology New York Stock Exchange LLC, 12650–12651 NOTICES NYSE Arca, Inc., 12651–12655 Patent licenses; non-exclusive, exclusive, or partially Small Business Administration exclusive: NOTICES Stratos Biosystems, LLC, 12596 Disaster loan areas: Arkansas, 12655 National Institutes of Health Washington, 12655 NOTICES Meetings: State Department National Center for Research Resources, 12621 NOTICES National Heart, Lung, and Blood Institute, 12622 Meetings: National Institute of Allergy and Infectious Diseases, Transformational Diplomacy Advisory Committee, 12656 12622–12623 National Institute of Arthritis and Musculoskeletal and Surface Transportation Board Skin Diseases, 12623 NOTICES National Institute of Diabetes and Digestive and Kidney Railroad operation, acquisition, construction, control, etc.: Diseases, 12623–12624 Union Pacific Railroad Co., 12673 National Institute of Environmental Health Sciences, Railroad services abandonment: 12623 BNSF Railway Co., 12673–12674 National Institute of General Medical Sciences, 12624 National Institute of Mental Health, 12622 Transportation Department Scientific Review Center, 12624–12625 See Federal Aviation Administration

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See Federal Motor Carrier Safety Administration Separate Parts In This Issue See Maritime Administration See Pipeline and Hazardous Materials Safety Part II Administration Agriculture Department, Forest Service; Interior See Saint Lawrence Seaway Development Corporation Department, Fish and Wildlife Service, 12676–12694 See Surface Transportation Board Part III Housing and Urban Development Department, 12696–12700 Veterans Affairs Department RULES Organization, functions, and authority delegations: Reader Aids Under Secretary for Memorial Affairs, 12564–12565 Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Real property; enhanced use leases: and notice of recently enacted public laws. Sepulveda, CA; VA Sepulveda Ambulatory Care Center, To subscribe to the Federal Register Table of Contents 12674 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

11 CFR 111...... 12545 14 CFR 39 (5 documents) ...... 12546, 12548, 12550, 12555, 12557 Proposed Rules: 39 (2 documents) ...... 12574, 12576 71 (2 documents) ...... 12578, 12579 21 CFR 584...... 12560 36 CFR 242...... 12676 38 CFR 2...... 12564 39 CFR 232...... 12565 40 CFR 52...... 12565 271...... 12568 Proposed Rules: 52...... 12581 271...... 12581 745...... 12582 41 CFR 102–37...... 12572 48 CFR Proposed Rules: 28...... 12584 52...... 12584 50 CFR 100...... 12676 648...... 12572 Proposed Rules: 17...... 12585

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Rules and Regulations Federal Register Vol. 72, No. 51

Friday, March 16, 2007

This section of the FEDERAL REGISTER of information ascertained in the course of the alleged violation warrants either contains regulatory documents having general of carrying out its supervisory further investigation or immediate applicability and legal effect, most of which responsibilities, the Commission ‘‘shall conciliation. A ‘‘reason to believe’’ are keyed to and codified in the Code of make an investigation of such alleged finding will always be followed by Federal Regulations, which is published under violation’’ of the Act where the 50 titles pursuant to 44 U.S.C. 1510. either an investigation or pre-probable Commission, with the vote of four cause conciliation. For example: The Code of Federal Regulations is sold by members, determines that there is • A ‘‘reason to believe’’ finding the Superintendent of Documents. Prices of ‘‘reason to believe that a person has followed by an investigation would be new books are listed in the first FEDERAL committed, or is about to commit’’ a appropriate when a complaint credibly REGISTER issue of each week. violation of the Act. 2 U.S.C. 437g(a)(2); alleges that a significant violation may see also 11 CFR 111.10(f). Commission have occurred, but further investigation ‘‘reason to believe’’ findings have FEDERAL ELECTION COMMISSION is required to determine whether a caused confusion in the past because violation in fact occurred and, if so, its they have been viewed as definitive 11 CFR Part 111 exact scope. determinations that a respondent • [Notice 2007–6] violated the Act. In fact, ‘‘reason to A ‘‘reason to believe’’ finding believe’’ findings indicate only that the followed by conciliation would be Statement of Policy Regarding Commission found sufficient legal appropriate when the Commission is Commission Action in Matters at the justification to open an investigation to certain that a violation has occurred and Initial Stage in the Enforcement determine whether a violation of the Act the seriousness of the violation warrants Process has occurred. Indeed, the Commission conciliation. AGENCY: Federal Election Commission. has recommended that Congress modify A ‘‘reason to believe’’ finding by itself the FECA to clarify this point. See ACTION: Statement of Policy. does not establish that the law has been Legislative Recommendations in 2003 violated. When the Commission later SUMMARY: The Federal Election and 2004 FEC Annual Reports. Other accepts a conciliation agreement with a Commission (‘‘Commission’’) is issuing kinds of dispositions at this preliminary respondent, the conciliation agreement a Policy Statement to clarify the various stage would also benefit from speaks to the Commission’s ultimate ways that the Commission addresses clarification to ensure consistency and conclusions. When the Commission Matters Under Review (‘‘MURs’’) at the promote understanding of the does not enter into a conciliation initial stage of enforcement proceedings. Commission’s reasons for taking action. agreement with a respondent, and does The Commission may take any of the Thus, the Commission is issuing this not file suit, a Statement of Reasons, a four following actions at this stage: find policy statement to assist complainants, Factual and Legal Analysis, or a General ‘‘reason to believe,’’ ‘‘dismiss,’’ ‘‘dismiss respondents, and the public in Counsel’s Report may provide further with admonishment,’’ and find ‘‘no understanding the Commission’s explanation of the Commission’s reason to believe.’’ findings at this stage of the enforcement conclusions. DATES: process. Effective Date: March 16, 2007. The Commission has previously used FOR FURTHER INFORMATION CONTACT: Generally speaking, at the initial stage the finding ‘‘reason to believe, but take Mark Shonkwiler, Assistant General in the enforcement process, the no further action’’ in cases where the Counsel, or Lynn Tran, Attorney, Commission will take one of the Commission finds that there is a basis Enforcement Division, Federal Election following actions with respect to a for investigating the matter or Commission, 999 E Street, NW., MUR: (1) Find ‘‘reason to believe’’ a attempting conciliation, but the Washington, DC 20463, (202) 694–1650 respondent has violated the Act; (2) Commission declines to proceed for or (800) 424–9530. dismiss the matter; (3) dismiss the prudential reasons. As discussed below, SUPPLEMENTARY INFORMATION: The matter with admonishment; or (4) find the Commission believes that resolving Federal Election Campaign Act of 1971, ‘‘no reason to believe’’ a respondent has these matters through dismissal or as amended, 2 U.S.C. 431 et seq. violated the Act. This policy statement dismissal with admonishment more (‘‘FECA’’ or ‘‘the Act’’), grants the is intended to clarify the circumstances clearly conveys the Commission’s Commission ‘‘exclusive jurisdiction under which the Commission uses each intentions and avoids possible with respect to civil enforcement’’ of the of these dispositions. confusion about the meaning of a reason provisions of the Act and Chapters 95 A. ‘‘Reason To Believe’’ to believe finding. and 96 of Title 26. 2 U.S.C. 437c(b)(1). Enforcement matters come to the The Act requires that the Commission B. Dismissal and Dismissal With Commission through complaints from find ‘‘reason to believe that a person has Admonishment the public; information ascertained in committed, or is about to commit, a the ordinary course of the Commission’s violation’’ of the Act as a predicate to Under Heckler v. Chaney, 470 U.S. supervisory responsibilities, including opening an investigation into the 821 (1985), the Commission has broad referrals from the Commission’s Reports alleged violation. 2 U.S.C. 437g(a)(2). discretion to determine how to proceed Analysis and Audit Divisions; referrals The Commission will find ‘‘reason to with respect to complaints or referrals. from other government agencies; and believe’’ in cases where the available The Commission has exercised its self-reported submissions. evidence in the matter is at least prosecutorial discretion under Heckler The FECA provides that ‘‘upon sufficient to warrant conducting an to dismiss matters that do not merit the receiving a complaint’’ or upon the basis investigation, and where the seriousness additional expenditure of Commission

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resources.1 As with other actions taken • A violation has been alleged, but DEPARTMENT OF TRANSPORTATION by the Commission, dismissal of a the respondent’s response or other matter requires the vote of at least four evidence convincingly demonstrates Federal Aviation Administration Commissioners. that no violation has occurred; Pursuant to the exercise of its • 14 CFR Part 39 prosecutorial discretion, the A complaint alleges a violation but [Docket No. FAA–2006–26166; Directorate Commission will dismiss a matter when is either not credible or is so vague that an investigation would be effectively Identifier 2006–CE–58–AD; Amendment 39– the matter does not merit further use of 14992; AD 2007–06–11] Commission resources, due to factors impossible; or such as the small amount or significance • A complaint fails to describe a RIN 2120–AA64 of the alleged violation, the vagueness violation of the Act. Airworthiness Directives; EADS or weakness of the evidence, or likely If the Commission, with the vote of at difficulties with an investigation, or SOCATA Model TBM 700 Airplanes least four Commissioners, finds that when the Commission lacks majority there is ‘‘no reason to believe’’ a AGENCY: Federal Aviation support for proceeding with a matter for violation has occurred or is about to Administration (FAA), Department of other reasons. For example, a dismissal Transportation (DOT). would be appropriate when: occur with respect to the allegations in ACTION: • The seriousness of the alleged the complaint, the Commission will Final rule. close the file and respondents and the conduct is not sufficient to justify the SUMMARY: We are adopting a new complainant will be notified. likely cost and difficulty of an airworthiness directive (AD) for the investigation to determine whether a D. Conclusion products listed above. This AD results violation in fact occurred; or • from mandatory continuing The evidence is sufficient to This policy enunciates and describes airworthiness information (MCAI) support a ‘‘reason to believe’’ finding, the Commission’s standards for actions issued by an aviation authority of but the violation is minor. at the point of determining whether or another country to identify and correct The Commission may also dismiss not to open an investigation or to enter an unsafe condition on an aviation when, based on the complaint, into conciliation with respondents prior product. The MCAI describes the unsafe response, and publicly available information, the Commission concludes to a finding of probable cause to believe. condition as: that a violation of the Act did or very The policy does not confer any rights on Cracks on a vertical stabilizer attachment probably did occur, but the size or any person and does not in any way fitting due to corrosion, have been found on significance of the apparent violation is limit the right of the Commission to an aircraft in service. not sufficient to warrant further pursuit evaluate every case individually on its We are issuing this AD to require by the Commission. In this latter own facts and circumstances. actions to correct the unsafe condition circumstance, the Commission will send This notice represents a general on these products. a letter admonishing the respondent. statement of policy announcing the DATES: This AD becomes effective April For example, a dismissal with general course of action that the 20, 2007. admonishment would be appropriate Commission intends to follow. This The Director of the Federal Register when: policy statement does not constitute an approved the incorporation by reference • A respondent admits to a violation, agency regulation requiring notice of of certain publications listed in this AD but the amount of the violation is not proposed rulemaking, opportunities for as of April 20, 2007. sufficient to warrant any monetary penalty; or public participation, prior publication, ADDRESSES: You may examine the AD • A complaint convincingly alleges a and delay effective under 5 U.S.C. 553 docket on the Internet at http:// violation, but the significance of the of the Administrative Procedures Act dms.dot.gov or in person at the Docket violation is not sufficient to warrant (‘‘APA’’). As such, it does not bind the Management Facility, U.S. Department further pursuit by the Commission. Commission or any member of the of Transportation, 400 Seventh Street, general public. The provisions of the SW., Nassif Building, Room PL–401, C. ‘‘No Reason To Believe’’ Regulatory Flexibility Act, 5 U.S.C. Washington, DC. The Commission will make a 605(b), which apply when notice and FOR FURTHER INFORMATION CONTACT: determination of ‘‘no reason to believe’’ comment are required by the APA or Albert J. Mercado, Aerospace Engineer, a violation has occurred when the another statute, are not applicable. FAA, Small Airplane Directorate, 901 available information does not provide Locust, Room 301, Kansas City, Dated: March 7, 2007. a basis for proceeding with the matter. Missouri, 64106; telephone: (816) 329– The Commission finds ‘‘no reason to Robert D. Lenhard, 4119; fax: (816) 329–4090. believe’’ when the complaint, any Chairman, Federal Election Commission. SUPPLEMENTARY INFORMATION: response filed by the respondent, and [FR Doc. E7–4868 Filed 3–15–07; 8:45 am] any publicly available information, BILLING CODE 6715–01–P Streamlined Issuance of AD when taken together, fail to give rise to The FAA is implementing a new a reasonable inference that a violation process for streamlining the issuance of has occurred, or even if the allegations ADs related to MCAI. The streamlined were true, would not constitute a process will allow us to adopt MCAI violation of the law. For example, a ‘‘no safety requirements in a more efficient reason to believe’’ finding would be manner and will reduce safety risks to appropriate when: the public. This process continues to follow all FAA AD issuance processes to 1 The FECA and Commission regulations also recognize the Commission’s authority to dismiss meet legal, economic, Administrative enforcement matters. See 2 U.S.C. 437g(a)(1); 11 Procedure Act, and Federal Register CFR 111.6(b) and 111.7(b). requirements. We also continue to meet

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our technical decision-making nearly 1 inch thick, there is severely information lists required parts costs responsibilities to identify and correct limited visual access to the entire bore, that are covered under warranty, we unsafe conditions on U.S.-certificated particularly in the middle section. They have assumed that there will be no products. contracted the services of a Level 3 charge for these parts. As we do not This AD references the MCAI and Nondestructive Testing (NDT) inspector control warranty coverage for affected related service information that we to perform a Rotary Gun Eddy Current parties, some parties may incur costs considered in forming the engineering Inspection of the fitting area. They higher than estimated here. Based on basis to correct the unsafe condition. discussed this situation with the EADS these figures, we estimate the cost of The AD contains text copied from the SOCATA Service Center in Pembroke this AD to the U.S. operators to be MCAI and for this reason might not Pines, Florida; came to the conclusion $672,400, or $3,280 per product. follow our plain language principles. this is the only practical approach to Authority for This Rulemaking Discussion completing this inspection without removal of the vertical fin; and feel the Title 49 of the United States Code We issued a notice of proposed published procedure is inadequate for specifies the FAA’s authority to issue rulemaking (NPRM) to amend 14 CFR the purposes of detecting cracks in this rules on aviation safety. Subtitle I, part 39 to include an AD that would area. section 106, describes the authority of apply to the specified products. That EADS SOCATA has since released SB the FAA Administrator. ‘‘Subtitle VII: NPRM was published in the Federal 70–104 Amendment 2, dated January Aviation Programs,’’ describes in more Register on November 17, 2006 (71 FR 2007. The revised service bulletin detail the scope of the Agency’s 66889). That NPRM proposed to correct allows crack detection by penetrant authority. an unsafe condition for the specified inspection or other equivalent process We are issuing this rulemaking under products. The MCAI states that: (eddy current* * *) on the bores of the the authority described in ‘‘Subtitle VII, Cracks on a vertical stabilizer attachment vertical stabilizer fitting and Part A, Subpart III, Section 44701: fitting due to corrosion, have been found on attachments. The revised service General requirements.’’ Under that an aircraft in service. bulletin Amendment 2 will be section, Congress charges the FAA with incorporated into the AD, and the FAA promoting safe flight of civil aircraft in Comments will give 100 percent credit for doing air commerce by prescribing regulations We gave the public the opportunity to the action with Amendment 1 of the for practices, methods, and procedures participate in developing this AD. We Service Bulletin. the Administrator finds necessary for considered the comments received. safety in air commerce. This regulation EADS SOCATA gave comments Conclusion is within the scope of that authority addressing the following: We reviewed the available data, because it addresses an unsafe condition including the comments received, and Comment Issue No. 1: Costs of that is likely to exist or develop on determined that air safety and the Compliance products identified in this rulemaking public interest require adopting the AD action. EADS SOCATA comments that the with the changes described previously. proposed AD specifies it would take 4 We determined that these changes will Regulatory Findings work-hours per product to comply with not increase the economic burden on We determined that this AD will not the proposed AD, but according to any operator or increase the scope of the have federalism implications under EADS SOCATA, it would take 3.5 work- AD. Executive Order 13132. This AD will hours. not have a substantial direct effect on Differences Between This AD and the The FAA agrees and will incorporate the States, on the relationship between MCAI or Service Information that change into the final rule Costs of the national government and the States, Compliance section. We have reviewed the MCAI and or on the distribution of power and Comment Issue No. 2: Service Bulletin related service information and, in responsibilities among the various Compliance general, agree with their substance. But levels of government. we might have found it necessary to use For the reasons discussed above, I Quest Diagnostics comments that as different words from those in the MCAI certify this AD: an operator of 4 TBM 700 aircraft with to ensure the AD is clear for U.S. (1) Is not a ‘‘significant regulatory over 25,000 hours time-in-service (TIS) operators and is enforceable. In making action’’ under Executive Order 12866; and more than 35,000 cycles of these changes, we do not intend to differ (2) Is not a ‘‘significant rule’’ under operating experience they have been substantively from the information DOT Regulatory Policies and Procedures performing the requirements of EADS provided in the MCAI and related (44 FR 11034, February 26, 1979); and SOCATA Service Bulletin (SB) 70–104 service information. (3) Will not have a significant since its publication in 2004. They have We might also have required different economic impact, positive or negative, found in their experience that step 5 of actions in this AD from those in the on a substantial number of small entities the SB, which requires an additional MCAI in order to follow FAA policies. under the criteria of the Regulatory step to perform a ‘‘penetrante Any such differences are highlighted in Flexibility Act. inspection’’ to the bores of the fitting a NOTE within the AD. We prepared a regulatory evaluation and attachment on the rear fitting, is of the estimated costs to comply with Costs of Compliance impractical if not impossible to this AD and placed it in the AD Docket. complete. They found that because this We estimate that this AD will affect attachment area comprises a 205 products of U.S. registry. We also Examining the AD Docket ‘‘sandwich’’ of attachment lugs any estimate that it will take about 3.5 work- You may examine the AD docket on penetrant applied to this area in situ is hours per product to comply with basic the Internet at http://dms.dot.gov; or in absorbed between the layers and requirements of this AD. The average person at the Docket Management becomes impossible to clean without labor rate is $80 per work-hour. Facility between 9 a.m. and 5 p.m., removing the fin completely. Further, Required parts will cost about $3,000 Monday through Friday, except Federal they found, since each assembly is per product. Where the service holidays. The AD docket contains the

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NPRM, the regulatory evaluation, any (2) Repeat the actions of paragraph (e)(1) Counsel, 901 Locust, Room 506, Kansas City, comments received, and other every 1,200 hours TIS or every 24 months, Missouri 64106; or at the National Archives information. The street address for the whichever occurs first, following EADS and Records Administration (NARA). For Docket Office (telephone (800) 647– SOCATA Service Bulletin SB 70–104, information on the availability of this Amendment 1, dated August 2004 or EADS material at NARA, call 202–741–6030, or go 5227) is in the ADDRESSES section. SOCATA Service Bulletin SB 70–104, to: http://www.archives.gov/federal-register/ Comments will be available in the AD Amendment 2, dated January 2007. cfr/ibr-locations.html. docket shortly after receipt. FAA AD Differences Issued in Kansas City, Missouri, on March List of Subjects in 14 CFR Part 39 7, 2007. Note 2: This AD differs from the MCAI Air transportation, Aircraft, Aviation and/or service information as follows: This David R. Showers, safety, Incorporation by reference, AD permits Amendment 2 of the SB to be Acting Manager, Small Airplane Directorate, Safety. used. Aircraft Certification Service. [FR Doc. E7–4724 Filed 3–15–07; 8:45 am] Adoption of the Amendment Other FAA AD Provisions BILLING CODE 4910–13–P I Accordingly, under the authority (f) The following provisions also apply to this AD: delegated to me by the Administrator, (1) Alternative Methods of Compliance the FAA amends 14 CFR part 39 as (AMOCs): The Manager, Standards Staff, DEPARTMENT OF TRANSPORTATION follows: FAA, ATTN: Albert J. Mercado, Aerospace Engineer, FAA, Small Airplane Directorate, Federal Aviation Administration PART 39—AIRWORTHINESS 901 Locust, Room 301, Kansas City, Missouri DIRECTIVES 64106; telephone: (816) 329–4119; fax: (816) 14 CFR Part 39 329–4090, has the authority to approve I [Docket No. FAA–2006–26180; Directorate 1. The authority citation for part 39 AMOCs for this AD, if requested using the Identifier 2006–CE–59–AD; Amendment 39– continues to read as follows: procedures found in 14 CFR 39.19. Before 14995; AD 2007–06–14] Authority: 49 U.S.C. 106(g), 40113, 44701. using any approved AMOC on any airplane to which the AMOC applies, notify your RIN 2120–AA64 § 39.13 [Amended] appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), I 2. The FAA amends § 39.13 by adding Airworthiness Directives; EADS or lacking a PI, your local FSDO. SOCATA Model TBM 700 Airplanes the following new AD: (2) Airworthy Product: For any requirement 2007–06–11 EADS SOCATA Model TBM in this AD to obtain corrective actions from AGENCY: Federal Aviation 700 Airplanes: Amendment 39–14992; a manufacturer or other source, use these Administration (FAA), Department of Docket No. FAA–2006–26166; actions if they are FAA-approved. Corrective Transportation (DOT). Directorate Identifier 2006–CE–58–AD. actions are considered FAA-approved if they are approved by the State of Design Authority ACTION: Final rule. Effective Date (or their delegated agent). You are required (a) This airworthiness directive (AD) to assure the product is airworthy before it SUMMARY: We are adopting a new becomes effective April 20, 2007. is returned to service. airworthiness directive (AD) for the (3) Reporting Requirements: For any products listed above. This AD results Affected ADs reporting requirement in this AD, under the from mandatory continuing (b) None. provisions of the Paperwork Reduction Act airworthiness information (MCAI) (44 U.S.C. 3501 et seq.), the Office of Applicability issued by an aviation authority of Management and Budget (OMB) has (c) This AD applies to SOCATA TBM 700 approved the information collection another country to identify and correct airplanes, serial numbers 1 through 308, plus requirements and has assigned OMB Control an unsafe condition on an aviation the serial number 310, certificated in any Number 2120–0056. product. The MCAI describes the unsafe category. condition as the discovery of propeller Related Information Note 1: This AD does not apply to control cables with a defective airplanes in which both modifications No. (g) Refer to Direction ge´ne´rale de l’aviation crimping. Two cable ends were found MOD70–127–55 and MOD70–129–53 have civile (DGAC) AD No F–2003–366 R1, dated uncrimped at the factory after an engine been factory installed. November 24, 2004; EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70– run-up test, and one cable end was also Reason 104, Amendment 1, dated August 2004; and found uncrimped on the first 100-hour (d) The mandatory continuing EADS SOCATA TBM Aircraft Mandatory aircraft maintenance check. We are airworthiness information (MCAI) states that: Service Bulletin SB 70–104, Amendment 2, issuing this AD to require actions to Cracks on a vertical stabilizer attachment dated January 2007 for related information. correct the unsafe condition on these fitting due to corrosion have been found on Material Incorporated by Reference products. an aircraft in service. (h) You must use EADS SOCATA TBM DATES: This AD becomes effective April Actions and Compliance Aircraft Mandatory Service Bulletin No. SB 20, 2007. (e) Unless already done, do the following 70–104, Amendment 1, dated August 2004, The Director of the Federal Register actions. or EADS SOCATA TBM Aircraft Mandatory approved the incorporation by reference (1) Within the next 600 hours time-in- Service Bulletin No. SB 70–104, Amendment of certain publications listed in this AD service (TIS) or the next 12 months, 2, dated January 2007 to do the actions as of April 20, 2007. whichever occurs first, after the effective date required by this AD, unless the AD specifies of this AD, inspect the vertical stabilizer otherwise. ADDRESSES: You may examine the AD attachment fittings and bolts for cracks or (1) The Director of the Federal Register docket on the Internet at http:// corrosion, and, if necessary, repair or replace approved the incorporation by reference of dms.dot.gov or in person at the Docket the damaged part and then apply a corrosion this service information under 5 U.S.C. Management Facility, U.S. Department protection reinforcement, following EADS 552(a) and 1 CFR part 51. of Transportation, 400 Seventh Street, SOCATA Service Bulletin SB 70–104, (3) For service information identified in SW., Nassif Building, Room PL–401, Amendment 1, dated August 2004 or EADS this AD, contact EADS SOCATA, Direction Washington, DC. SOCATA TBM Aircraft Mandatory Service des Services, 65921 Tarbes Cedex 9, France. Bulletin SB 70–104, Amendment 2, dated (4) You may review copies at the FAA, FOR FURTHER INFORMATION CONTACT: January 2007. Central Region, Office of the Regional Albert J. Mercado, Aerospace Engineer,

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FAA, Small Airplane Directorate, 901 different words from those in the MCAI For the reasons discussed above, I Locust, Room 301, Kansas City, to ensure the AD is clear for U.S. certify this AD: Missouri 64106; telephone: (816) 329– operators and is enforceable in a U.S. (1) Is not a ‘‘significant regulatory 4119; fax: (816) 329–4090. court of law. In making these changes, action’’ under Executive Order 12866; SUPPLEMENTARY INFORMATION: we do not intend to differ substantively (2) Is not a ‘‘significant rule’’ under from the information provided in the DOT Regulatory Policies and Procedures Streamlined Issuance of AD MCAI and related service information. (44 FR 11034, February 26, 1979); and The FAA is implementing a new We might also have required different (3) Will not have a significant process for streamlining the issuance of actions in this AD from those in the economic impact, positive or negative, ADs related to MCAI. The streamlined MCAI in order to follow FAA policies. on a substantial number of small entities process will allow us to adopt MCAI Any such differences are described in a under the criteria of the Regulatory safety requirements in a more efficient separate paragraph of the AD. These Flexibility Act. manner and will reduce safety risks to requirements, if any, take precedence We prepared a regulatory evaluation the public. This process continues to over the actions copied from the MCAI. of the estimated costs to comply with follow all FAA AD issuance processes to this AD and placed it in the AD Docket. Costs of Compliance meet legal, economic, Administrative Examining the AD Docket Procedure Act, and Federal Register We estimate that this AD will affect You may examine the AD docket on requirements. We also continue to meet 20 products of U.S. registry. We also the Internet at http://dms.dot.gov; or in our technical decision-making estimate that it will take about 1 work- person at the Docket Management responsibilities to identify and correct hour per product to comply with this Facility between 9 a.m. and 5 p.m., unsafe conditions on U.S.-certificated AD. The average labor rate is $80 per Monday through Friday, except Federal products. work-hour. Where the service holidays. The AD docket contains the This AD references the MCAI and information lists required parts costs NPRM, the regulatory evaluation, any related service information that we that are covered under warranty, we comments received, and other considered in forming the engineering have assumed that there will be no information. The street address for the basis to correct the unsafe condition. charge for these parts. As we do not Docket Office (telephone (800) 647– The AD contains text copied from the control warranty coverage for affected 5227) is in the ADDRESSES section. MCAI and for this reason might not parties, some parties may incur costs Comments will be available in the AD follow our plain language principles. higher than estimated here. Based on docket shortly after receipt. Discussion these figures, we estimate the cost of this AD to the U.S. operators to be List of Subjects in 14 CFR Part 39 We issued a notice of proposed $1,600, or $80 per product. rulemaking (NPRM) to amend 14 CFR Air transportation, Aircraft, Aviation part 39 to include an AD that would Authority for This Rulemaking safety, Incorporation by reference, Safety. apply to the specified products. That Title 49 of the United States Code NPRM was published in the Federal specifies the FAA’s authority to issue Adoption of the Amendment Register on November 28, 2006 (71 FR rules on aviation safety. Subtitle I, 68764). That NPRM proposed to require I Accordingly, under the authority section 106, describes the authority of delegated to me by the Administrator, you to check the batch number and/or the FAA Administrator. ‘‘Subtitle VII: replace the control cables. the FAA amends 14 CFR part 39 as Aviation Programs,’’ describes in more follows: Comments detail the scope of the Agency’s authority. We gave the public the opportunity to PART 39—AIRWORTHINESS participate in developing this AD. We We are issuing this rulemaking under DIRECTIVES the authority described in ‘‘Subtitle VII, have considered the comment received. I Part A, Subpart III, Section 44701: 1. The authority citation for part 39 EADS SOCATA states the costs of the continues to read as follows: required parts and the necessary work- General requirements.’’ Under that hours to replace the control cables are section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. promoting safe flight of civil aircraft in under warranty coverage. Therefore, the § 39.13 [Amended] air commerce by prescribing regulations cost of work-hours to operators/owners I is only the one work-hour for for practices, methods, and procedures 2. The FAA amends § 39.13 by adding inspection. the Administrator finds necessary for the following new AD: The FAA will revise the cost of safety in air commerce. This regulation 2007–06–14 EADS SOCATA: Amendment compliance to reflect only the above is within the scope of that authority 39–14995; Docket No. FAA–2006–26180; costs of work-hours. because it addresses an unsafe condition Directorate Identifier 2006–CE–59–AD. that is likely to exist or develop on Effective Date Conclusion products identified in this rulemaking action. (a) This airworthiness directive (AD) We reviewed the available data, becomes effective April 20, 2007. including the comment received, and Regulatory Findings determined that air safety and the Affected ADs public interest require adopting the AD We determined that this AD will not (b) None. have federalism implications under as proposed. Applicability Executive Order 13132. This AD will Differences Between This AD and the not have a substantial direct effect on (c) This AD applies to Model TBM 700 MCAI or Service Information the States, on the relationship between airplanes, serial numbers 285 through 304 and 307, certificated in any category. We have reviewed the MCAI and the national government and the States, related service information and, in or on the distribution of power and Reason general, agree with their substance. But responsibilities among the various (d) The mandatory continuing we might have found it necessary to use levels of government. airworthiness information (MCAI) states the

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discovery of propeller control cables with a Related Information electro-pneumatic locking bar devices defective crimping. Two cable ends were (g) Refer to Direction Ge´ne´rale de l’ (TRAS lock systems) in the engine found uncrimped at the factory after an Aviation Civile Airworthiness Directive No. nacelles, installing a dedicated and engine run-up test, and one cable end was F–2004–175, dated November 10, 2004 (the shielded electrical circuit that is also found uncrimped on the first 100-hour MCAI); and EADS SOCATA TBM Aircraft segregated from the existing thrust time-in-service aircraft maintenance check. If Mandatory Alert Service Bulletin SB 70–123, reverser control system, and performing not corrected, an incorrect crimping of the dated October 2004, for related information. propeller control lever cable could generate related investigative/corrective actions a decrease of the propeller revolutions per Material Incorporated by Reference if necessary. This AD results from the minute which could result in loss of power. (h) You must use EADS SOCATA TBM manufacturer’s reassessment of the Aircraft Mandatory Alert Service Bulletin SB thrust reverser systems in the Airbus Actions and Compliance 70–123, dated October 2004, to do the actions airplane models specified above, which (e) Unless already done, within the next 50 required by this AD, unless the AD specifies showed that the thrust reverser could hours time-in-service (TIS) after April 20, otherwise. inadvertently deploy in flight under 2007 (the effective of this AD), inspect for the (1) The Director of the Federal Register certain conditions. We are issuing this batch number identification and replace approved the incorporation by reference of AD to prevent inadvertent deployment defective control cables as necessary in this service information under 5 U.S.C. accordance with the paragraph B. of the 552(a) and 1 CFR part 51. of thrust reversers in flight, which could ‘‘ACCOMPLISHMENT INSTRUCTIONS’’ of (2) For service information identified in result in reduced controllability of the EADS SOCATA TBM Aircraft Mandatory this AD, contact EADS SOCATA, Direction airplane. Alert Service Bulletin SB 70–123, dated des Services, 65921 Tarbes Cedex 9, France; DATES: This AD becomes effective April October 2004. telephone: 33 (0)5 62.41.73.00; fax: 33 (0)5 20, 2007. 62.41.76.54; or SOCATA AIRCRAFT, INC., The Director of the Federal Register FAA AD Differences North Perry Airport, 7501 Airport Road, Pembroke Pines, Florida 33023; telephone: approved the incorporation by reference Note: This AD differs from the MCAI, the of certain publications listed in the AD French Direction ge´ne´rale de l’ aviation civile (954) 893–1400; fax (954) 964–4141. (DGAC) AD No. F–2004–175, dated (3) You may review copies at the FAA, as of April 20, 2007. November 10, 2004, as follows: Central Region, Office of the Regional ADDRESSES: You may examine the AD (1) The requirement of paragraph 3.1 of Counsel, 901 Locust, Room 506, Kansas City, docket on the Internet at http:// DGAC AD No. F–2004–175, dated November Missouri 64106; or at the National Archives dms.dot.gov or in person at the Docket 10, 2004, was based on the urgency in and Records Administration (NARA). For Management Facility, U.S. Department November 2004. However, in 2007, this information on the availability of this material at NARA, call 202–741–6030, or go of Transportation, 400 Seventh Street, action is not necessary. to: http://www.archives.gov/federal-register/ SW., Nassif Building, Room PL–401, (2) For the requirement of paragraph 3.2 of cfr/ibr-locations.html. Washington, DC. DGAC AD No. F–2004–175, dated November Contact Airbus, 1 Rond Point Maurice Issued in Kansas City, Missouri, on March 10, 2004, the FAA has determined the Bellonte, 31707 Blagnac Cedex, France, seriousness of the condition does not warrant 9, 2007. for service information identified in this a compliance time of 25 hours TIS; we David R. Showers, AD. require instead a compliance time of 50 Acting Manager, Small Airplane Directorate, hours TIS. Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, [FR Doc. E7–4736 Filed 3–15–07; 8:45 am] Other FAA AD Provisions International Branch, ANM–116, FAA, (f) The following provisions also apply to BILLING CODE 4910–13–P Transport Airplane Directorate, 1601 this AD: Lind Avenue, SW., Renton, Washington (1) Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION 98057–3356; telephone (425) 227–2797; (AMOCs): The Manager, Standards Staff, fax (425) 227–1149. FAA, ATTN: Albert J. Mercado, Aerospace Safety Engineer, FAA, Small Airplane Federal Aviation Administration SUPPLEMENTARY INFORMATION: Directorate, 901 Locust, Room 301, Kansas Examining the Docket City, Missouri 64106; telephone: (816) 329– 14 CFR Part 39 You may examine the airworthiness 4119; fax: (816) 329–4090, has the authority [Docket No. FAA–2005–22036; Directorate to approve AMOCs for this AD, if requested Identifier 2005–NM–009–AD; Amendment directive (AD) docket on the Internet at using the procedures found in 14 CFR 39.19. 39–14994; AD 2007–06–13] http://dms.dot.gov or in person at the Before using any approved AMOC on any Docket Management Facility office airplane to which the AMOC applies, notify RIN 2120–AA64 between 9 a.m. and 5 p.m., Monday your appropriate principal inspector (PI) in through Friday, except Federal holidays. Airworthiness Directives; Airbus Model the FAA Flight Standards District Office The Docket Management Facility office (FSDO), or lacking a PI, your local FSDO. A300 B4–600, B4–600R, and F4–600R (telephone (800) 647–5227) is located on (2) Airworthy Product: For any requirement Series Airplanes, and Model C4–605R the plaza level of the Nassif Building at in this AD to obtain corrective actions from Variant F Airplanes (Collectively Called the street address stated in the a manufacturer or other source, use these A300–600 Series Airplanes); and Model ADDRESSES section. actions if they are FAA-approved. Corrective A310 Airplanes; Equipped With actions are considered FAA-approved if they General Electric CF6–80A3 or CF6– are approved by the State of Design Authority Discussion (or their delegated agent). You are required 80C2 Engines The FAA issued a notice of proposed to assure the product is airworthy before it AGENCY: Federal Aviation rulemaking (NPRM) to amend 14 CFR is returned to service. Administration (FAA), Department of part 39 to include an AD that would (3) Reporting Requirements: For any Transportation (DOT). apply to certain Airbus Model A300 B2 reporting requirement in this AD, under the and B4 series airplanes; Model A300 provisions of the Paperwork Reduction Act ACTION: Final rule. (44 U.S.C. 3501 et seq.), the Office of B4–600, B4–600R, and F4–600R series Management and Budget (OMB) has SUMMARY: The FAA is adopting a new airplanes, and Model C4–605R Variant F approved the information collection airworthiness directive (AD) for certain airplanes (collectively called A300–600 requirements and has assigned OMB Control Airbus airplane models, as specified series airplanes); and Model A310 series Number 2120–0056. above. This AD requires installing airplanes; equipped with General

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Electric (GE) CF6–80A3 or CF6–80C2 A310–78–2023, dated October 7, 2003; with the affected engines and were engines. That NPRM was published in and Airbus Service Bulletin A310–78– inadvertently included in the NPRM. the Federal Register on August 8, 2005 2025, dated July 23, 2004; were The applicability of this AD is revised (70 FR 45595). That NPRM proposed to referenced as appropriate sources of to remove those airplane models. require installing electro-pneumatic service information in the NPRM.) Another commenter, Airbus, requests locking bar devices (TRAS lock systems) • Airbus Service Bulletin A310–78– that the associated modification in the engine nacelles, installing a 2022, Revision 02, including numbers for the corresponding service dedicated and shielded electrical circuit Appendices 01 and 02, dated July 18, bulletins be added to the applicability of that is segregated from the existing 2006. (The original version of this the NPRM. Airbus suggests that adding thrust reverser control system, and service bulletin, dated January 7, 2003, the associated modification numbers performing related investigative/ was referenced as an appropriate source will make it easier for operators to corrective actions if necessary. of service information in the NPRM.) comply with the AD and will help Revision 02 updates certain figures operators to avoid having to request Since the Issuance of the NPRM referenced in the original version of the alternative methods of compliance. We have received copies of the service bulletin. We partially agree with the following Airbus service bulletins: commenter’s request in this case. The • Airbus Service Bulletin A300–78– Comments applicability of French airworthiness 6024, Revision 01, dated April 22, 2005. We provided the public the directive F–2004–165 excludes Revision 01 describes essentially the opportunity to participate in the airplanes on which Airbus Service same procedures specified in the development of this AD. We have Bulletins A310–78–2024; A310–78– original issue of the service bulletin, considered the comments received. 2025; A310–78–2022; A310–78–2023, dated October 7, 2003 (referenced in the A300–78–6022, Revision 1; A300–78– NPRM as one appropriate source of Request To Withdraw the NPRM 6025; A300–78–6021 original issue or service information). Revision 01 also One commenter, American Airlines, Revision 01; and A300–78–6024; have adds technical notes referring to certain states that it appears inconsistent to been accomplished in-service, as well as Middle River Aircraft Systems (MRAS) invest a significant amount of money for certain modifications accomplished proprietary data 491B1200200, additional protection by installing during production. We agree that 491B1200201, 491B1200202, and electro-pneumatic locking bar devices revising the applicability of the final 491B1200203, Revision B, dated (TRAS lock system). The commenter rule is necessary to exclude airplanes on September 9, 2003, which provide points out that the FAA has previously which certain modifications have been instructions to install the electro- extended the inspection interval of accomplished during production. pneumatic locking bar devices in the current mandated inspections in However, as is our standard practice, we nacelles on GE Model CF6–80C2 another existing AD that also addresses have not excluded those airplanes that engines with a full authority digital inadvertent thrust reverser deployment. have accomplished certain engine control (FADEC) thrust reverser We infer that American Airlines is modifications in service in the system, as additional sources of service questioning the cost benefit of the applicability of this final rule. Rather, information. additional protection that the AD this final rule includes requirements to • Airbus Service Bulletin A300–78– provides, and would like us to accomplish the actions specified in the 6025, Revision 01, dated April 22, 2005. withdraw the NPRM. We acknowledge service bulletins that clearly identify the Revision 01 describes essentially the that, although we have extended the airplanes that the service bulletins same procedures specified in the inspection intervals due to positive affect. The requirements of the specified original issue of the service bulletin, results of past inspections, the service bulletins will ensure that the dated October 7, 2003 (referenced in the possibility still exists that a directional actions required by this final rule are NPRM as one appropriate source of pilot valve (DPV) leak may occur. This accomplished on all affected airplanes. service information). Revision 01 also type of leak is a hidden failure that Operators must continue to operate the adds technical notes referring to certain cannot be detected at the system level, airplane in the configuration required MRAS proprietary data 491B1200202 and could result in inadvertent thrust by this final rule unless an alternative and 491B1200203, both Revision B, both reverser deployment. We have method of compliance is approved. We dated September 9, 2003, as additional determined that installation of electro- have, however, added a new Note 1 and sources of service information. The pneumatic locking bar devices will Table 2 to this final rule that provide a proprietary data provide instructions to ensure an adequate measure of list of corresponding modifications with install the electro-pneumatic locking bar protection for the system. No change is the applicable service bulletins for ease devices in the nacelles on GE Model necessary to the AD in this regard. of reference for the operators. We have CF6–80C2 engines with a power re-identified subsequent notes and management control (PMC) thrust Requests To Revise the Applicability tables accordingly. reverser system. Two commenters, Tradewinds • Airbus Service Bulletin A310–78– Airlines and GE Transportation, request Requests To Revise the ‘‘Costs of 2023, Revision 01; and Airbus Service that the applicability stated in the Compliance’’ Section Bulletin A310–78–2025, Revision 01; NPRM be revised by removing Airbus Several commenters, including theAir both dated April 22, 2005. These service Model A300 B2 and B4 series airplanes. Transport Association (ATA), on behalf bulletins were issued to advise One commenter points out that those of one of its members, American operators of the issuance of technical models are not specified in the French Airlines, and FedEx and GE notes referenced in MRAS proprietary airworthiness directive, and that there Transportation, request that the data 603A1000, 603A1001, 603A2000, are no service bulletins specified in the estimated costs of complying with the 603A2001, and 603A2100. The NPRM that are applicable to those NPRM be revised to add additional proprietary data provides instructions to models. work hours. American Airlines states install the electro-pneumatic locking bar We agree with the commenters. We that the NPRM would require devices, as additional sources of service acknowledge that the Model A300 B2 concurrent accomplishment of four information. (Airbus Service Bulletin and B4 series airplanes are not equipped service bulletins that are not specified

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in the NPRM. American Airlines Request To Consider the Possibility of We agree with the commenters. We estimates it will take 600 work hours No Deployment have received certain newer revisions of and $283,042 for parts per each of its American Airlines requests that we the service bulletins (described airplanes, rather than the costs consider the possibility that an increase previously) from the manufacturer and estimated in the applicable service in risk of no deployment on landing have specified those revisions in Table bulletins in the NPRM for various may occur with the modification 3 of the AD. Additionally, we received airplane models. FedEx explains that installed. American Airlines states that new revisions of the service bulletins the cost estimates in the NPRM are not the modification could affect reliable specified in Table 2 of the AD from the realistic because additional operations in those airports restricted by manufacturer. We have revised Table 2 modification requirements are necessary short runway lengths when employing of the AD accordingly. that are described in MRAS and the Minimum Equipment List Explanation of Change to Applicability Goodrich/Rohr technical documents. provisions. One commenter, GE Transportation, We acknowledge the commenter’s We have revised the applicability of also points out that certain cost concern. In its reassessment of thrust the AD to identify model designations information is available in certain reverser reliability, the manufacturer as published in the most recent type considered the possibility of thrust service information that is not referred certificate data sheet for the affected reverser non-deployment on landing models. to in the NPRM. with the third line of defense (TLOD) We acknowledge that certain system installed. The reassessment Clarification of Alternative Method of estimated costs were not included in the showed that the thrust reverser without Compliance (AMOC) Paragraph NPRM. We have obtained the additional the TLOD could inadvertently deploy in We have revised this action to clarify service information from MRAS, but it flight under certain conditions, which the appropriate procedure for notifying does not contain estimated cost could lead to decreased aircraft the principal inspector before using any information. We also have requested controllability. We have determined that approved AMOC on any airplane to further information from one of the the basic two-line-of-defense which the AMOC applies. commenters, GE Transportation, which architecture does not adequately Conclusion has provided some new cost address the system’s vulnerability to damage and long-term maintainability. information figures to us. We have We have carefully reviewed the Therefore, the modification is necessary revised the estimated costs of the AD by available data, including the comments to prevent the identified unsafe including the estimated costs of received, and determined that air safety condition. In addition, we have not seen accomplishing the MRAS service and the public interest require adopting an increase in occurrences of thrust bulletins. We have coordinated those the AD with the changes described reverser nondeployments on landing for previously. We have determined that estimated costs with Airbus. aircraft that have a TLOD or other thrust reverser third lock-type system these changes will neither significantly Request To Clarify ‘‘Relevant Service increase the economic burden on any Information’’ Section installed. No change to the AD is necessary regarding this issue. operator nor increase the scope of the GE Transportation suggests certain AD. Request To Use Latest Service Bulletin revised wording regarding the work Revisions Costs of Compliance tasks described in the service bulletins specified in the ‘‘Relevant Service Several commenters, including the This AD affects about 101 airplanes of Information’’ section of the NPRM. ATA, on behalf of one of its members, U.S. registry. (The total number of American Airlines, and FedEx, note that airplanes in the following table totals We consider that the descriptions of new revisions of certain service more than 101 airplanes because most of the work tasks in the NPRM adequately bulletins have been issued since the the airplanes are required to accomplish describe those tasks. Since that section issuance of the NPRM. The commenters two of the specified service bulletins.) of the preamble in the NPRM does not are requesting that we mandate the new The following table provides the reappear in the final rule, no change to revisions, which contain test procedures estimated costs for U.S. operators to the AD is necessary. that will take less time for the operators comply with this AD at an average labor to accomplish. rate per hour of $80.

ESTIMATED COSTS FOR MODIFICATIONS (LISTED BY APPLICABLE SERVICE BULLETIN)

Work Cost per Number of Airbus service bulletins (SB) hours Parts airplane airplanes Cost per SB

A300–78–6021, Revision 02 ...... 257 $19,652 $40,212 36 $1,447,632 A300–78–6024, Revision 01 ...... 206 223,649 240,129 36 8,644,644 A300–78–6022, Revision 02 ...... 289 19,220 42,340 34 1,439,560 A300–78–6025, Revision 01 ...... 206 223,649 240,129 34 8,164,386 A310–78–2024, Revision 01 ...... 262 19,119 40,079 31 1,242,449 A310–78–2025, Revision 01 ...... 206 194,487 210,967 31 6,539,977

None of the airplanes required to operated by non-U.S. operators under the unsafe condition is addressed if any accomplish the following service foreign registry; therefore, they are not affected airplane is imported and placed bulletins are currently on the U.S. directly affected by this AD action. on the U.S. Register in the future. The Register. The airplanes affected by the However, we consider it necessary to estimated costs apply to any affected following service bulletins are currently include these airplanes to ensure that

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airplane should it be imported and placed on the U.S. Register in the future.

ESTIMATED COSTS FOR MODIFICATIONS FOR CERTAIN OTHER AIRPLANES

Work Cost per Airbus service bulletin (SB) hours Parts airplane

A310–78–2022 ...... 275 19,652 41,652 A310–78–2023 ...... 206 $223,649 $240,129

Authority for This Rulemaking responsibilities among the various PART 39—AIRWORTHINESS Title 49 of the United States Code levels of government. DIRECTIVES specifies the FAA’s authority to issue For the reasons discussed above, I I 1. The authority citation for part 39 rules on aviation safety. Subtitle I, certify that this AD: continues to read as follows: Section 106, describes the authority of (1) Is not a ‘‘significant regulatory the FAA Administrator. Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. action’’ under Executive Order 12866; Aviation Programs, describes in more § 39.13 [Amended] detail the scope of the Agency’s (2) Is not a ‘‘significant rule’’ under authority. DOT Regulatory Policies and Procedures I 2. The Federal Aviation We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and Administration (FAA) amends § 39.13 the authority described in Subtitle VII, (3) Will not have a significant by adding the following new Part A, Subpart III, Section 44701, economic impact, positive or negative, airworthiness directive (AD): ‘‘General requirements.’’ Under that on a substantial number of small entities 2007–06–13 Airbus: Amendment 39–14994. section, Congress charges the FAA with under the criteria of the Regulatory Docket No. FAA–2005–22036; Directorate promoting safe flight of civil aircraft in Flexibility Act. Identifier 2005–NM–009–AD. air commerce by prescribing regulations Effective Date for practices, methods, and procedures We prepared a regulatory evaluation the Administrator finds necessary for of the estimated costs to comply with (a) This AD becomes effective April safety in air commerce. This regulation this AD and placed it in the AD docket. 20, 2007. is within the scope of that authority See the ADDRESSES section for a location Affected ADs because it addresses an unsafe condition to examine the regulatory evaluation. that is likely to exist or develop on (b) None. List of Subjects in 14 CFR Part 39 products identified in this rulemaking Applicability action. Air transportation, Aircraft, Aviation (c) This AD applies to Airbus series Regulatory Findings safety, Incorporation by reference, Safety. airplanes, certificated in any category, We have determined that this AD will as identified in the service bulletins not have federalism implications under Adoption of the Amendment listed in Table 1 of this AD; except for Executive Order 13132. This AD will those airplanes on which the following not have a substantial direct effect on I Accordingly, under the authority applicable modifications have been the States, on the relationship between delegated to me by the Administrator, incorporated in production: Airbus the national government and the States, the FAA amends 14 CFR part 39 as Modification 12348, 12349, 12350, or on the distribution of power and follows: 12514, and 12511.

TABLE 1.—APPLICABILITY

Airbus service bulletin and Airplane models General Electric engine model revision Date

A300 B4–605R and F4–605R airplanes ...... CF6–80C2 ...... A300–78–6024, Revision 01 April 22, 2005. A300 B4–605R and F4–605R airplanes ...... CF6–80C2 ...... A300–78–6021, Revision 02 June 8, 2005. A300 B4–601, B4–603, B4–605R, and C4–605R Variant F CF6–80C2 ...... A300–78–6025, Revision 01 April 22, 2005. airplanes. A300 B4–601, B4–603, B4–605R, and C4–605R Variant F CF6–80C2 ...... A300–78–6022, Revision 02 June 8, 2005. airplanes. A310 airplanes ...... CF6–80C2 ...... A310–78–2023, Revision 01 April 22, 2005. A310 airplanes ...... CF6–80C2 ...... A310–78–2022, Revision 02 July 18, 2006. A310 airplanes ...... CF6–80A3 ...... A310–78–2024, Revision 01 June 13, 2005. A310 airplanes ...... CF6–80A3 ...... A310–78–2025, Revision 01 April 22, 2005.

Note 1: We have provided a list of TABLE 2.—CORRESPONDING TABLE 2.—CORRESPONDING corresponding modifications with the MODIFICATIONS MODIFICATIONS—Continued applicable Airbus service bulletins in Table 2 of this AD for ease of reference for the Airbus service bulletin Modifications Airbus service bulletin Modifications operators. A310–78–2022 and 12348, 12350, 12351, A310–78–2023 and 12512. A300–78–6022. and 12514. A300–78–6025.

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TABLE 2.—CORRESPONDING airplane models specified in Table 1 of Installing TRAS Lock Systems and MODIFICATIONS—Continued this AD, which showed that the thrust Accomplishing Modifications reverser could deploy in flight under Airbus service bulletin Modifications certain conditions. We are issuing this (f) For airplanes identified in the AD to prevent inadvertent deployment service bulletins specified in Table 3 of A310–78–2024 ...... 12552 and 12553. of thrust reversers in flight, which could this AD: Within 36 months after the A310–78–2025 ...... 12564. result in reduced controllability of the effective date of this AD, install the A300–78–6021 ...... 12348, 12349, 12350, airplane. electro-pneumatic locking bar devices and 12514. A300–78–6024 ...... 12511. Compliance (TRAS Lock Systems) in the thrust reverser system of the nacelles, in (e) You are responsible for having the Unsafe Condition accordance with the Accomplishment actions required by this AD performed Instructions of the applicable service (d) This AD results from the within the compliance times specified, bulletin. manufacturer’s reassessment of the unless the actions have already been thrust reverser systems in the Airbus done.

TABLE 3.—INSTALLING TRAS LOCK SYSTEMS

Airbus service bulletin and Airplane models General electric engine model revision Date

A300 B4–605R and F4–605R airplanes ...... CF6–80C2 ...... A300–78–6024, Revision 01 April 22, 2005. A300 B4–601, B4–603, B4–605R, and C4–605R Variant F CF6–80C2 ...... A300–78–6025, Revision 01 April 22, 2005. airplanes. A310 airplanes ...... CF6–80C2 ...... A310–78–2023, Revision 01 April 22, 2005. A310 airplanes ...... CF6–80A3 ...... A310–78–2025, Revision 01 April 22, 2005.

Note 2: Airbus Service Bulletin A310–78– Rohr Service Bulletin CF6–80A3–NAC–71– (f) of this AD, accomplish all the 2025, Revision 01, dated April 22, 2005, 065, dated April 28, 2005. modifications and actions related to an references draft Goodrich Service Bulletin (g) For airplanes identified in the independent third line of defense on the 71–065 as an additional source of service service bulletins specified in Table 4 of thrust reversers, in accordance with the information. After the issuance of Airbus this AD: Prior to or concurrent with the Accomplishment Instructions of the Service Bulletin A310–78–2025, the accomplishment of the applicable applicable service bulletin specified in Goodrich service bulletin was reissued as service bulletin specified in paragraph Table 4 of this AD.

TABLE 4.—PRIOR OR CONCURRENT ACCOMPLISHMENT

Airplanes equipped with Gen- Airbus service bulletin and Airplane models eral Electric engine model revision Date

A300 B4–605R and F4–605R airplanes ...... CF6–80C2 (with full authority A300–78–6021, Revision 02, June 8, 2005. digital engine control including Appendices 01 (FADEC)). and 02. A300 B4–601, B4–603, B4–605R, and C4–605R Variant F CF6–80C2 (without FADEC) A300–78–6022, Revision 02, June 8, 2005. airplanes. including Appendices 01 and 02. A310 airplanes ...... CF6–80C2 (without FADEC) A310–78–2022 Revision 02, June 18, 2006. including Appendices 01 and 02. A310 airplanes ...... CF6–80A3 ...... A310–78–2024 Revision 01, June 13, 2005. including Appendices 01 and 02.

Actions Accomplished According to bulletins are acceptable for compliance Previous Issues of Service Bulletins with the requirements of this AD, as (h) Actions accomplished in applicable, if done before the effective accordance with the following service date of this AD:

TABLE 5.—SERVICE BULLETINS ACCOMPLISHED PREVIOUSLY

Airbus service bulletin Revision level Date

A300–78–6021 ...... Original ...... April 8, 2003. A300–78–6021 ...... 01 ...... October 7, 2003. A300–78–6022 ...... 01 ...... January 7, 2003. A300–78–6024 ...... Original ...... October 7, 2003. A300–78–6025 ...... Original ...... October 7, 2003. A310–78–2022 ...... Original ...... January 7, 2003. A310–78–2022 ...... 01 ...... June 8, 2005.

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TABLE 5.—SERVICE BULLETINS ACCOMPLISHED PREVIOUSLY—Continued

Airbus service bulletin Revision level Date

A310–78–2023 ...... Original ...... October 7, 2003. A310–78–2024 ...... Original ...... October 15, 2003. A310–78–2025 ...... Original ...... July 23, 2004.

Alternative Methods of Compliance Related Information 5 U.S.C. 552(a) and 1 CFR part 51. (AMOCs) (j) French airworthiness directive F– Contact Airbus, 1 Rond Point Maurice (i)(1) The Manager, International 2004–165, dated October 13, 2004, also Bellonte, 31707 Blagnac Cedex, France, Branch, ANM–116, Transport Airplane addresses the subject of this AD. for a copy of this service information. Directorate, FAA, has the authority to You may review copies at the FAA, Material Incorporated by Reference approve AMOCs for this AD, if Transport Airplane Directorate, 1601 requested in accordance with the (k) You must use the applicable Lind Avenue, SW., Renton, Washington; procedures found in 14 CFR 39.19. Airbus service bulletins specified in or at the National Archives and Records (2) Before using any AMOC approved Table 6 of this AD to perform the Administration (NARA). For in accordance with 14 CFR 39.19 on any actions that are required by this AD, information on the availability of this airplane to which the AMOC applies, unless the AD specifies otherwise. The material at NARA, call 202–741–6030, notify the appropriate principal Director of the Federal Register or go to: http://www.archives.gov/ inspector in the FAA Flight Standards approved the incorporation by reference federal-register/cfr/ibr-locations.html. Certificate Holding District Office. of these documents in accordance with

TABLE 6.—MATERIAL INCORPORATED BY REFERENCE

Airbus service bulletin Revision level Date

A300–78–6021, including Appendices 01 and 02 ...... 02 ...... June 8, 2005. A300–78–6022, including Appendices 01 and 02 ...... 02 ...... June 8, 2005. A300–78–6024 ...... 01 ...... April 22, 2005. A300–78–6025 ...... 01 ...... April 22, 2005. A310–78–2022, including Appendices 01 and 02 ...... 02 ...... July 18, 2006. A310–78–2023 ...... 01 ...... April 22, 2005. A310–78–2024, including Appendices 01 and 02 ...... 01 ...... June 13, 2005. A310–78–2025 ...... 01 ...... April 22, 2005.

Issued in Renton, Washington, on March 5, of the center fuselage by installing Service Bulletin A330–53–3127, 2007. external stiffeners (butt straps) at frame Revision 01, dated November 21, 2003. Ali Bahrami, (FR) 53.3 on the fuselage skin between ADDRESSES: You may examine the AD Manager, Transport Airplane Directorate, left-hand (LH) and right-hand (RH) docket on the Internet at http:// Aircraft Certification Service. stringer (STR) 13, and related dms.dot.gov or in person at the Docket [FR Doc. E7–4734 Filed 3–15–07; 8:45 am] investigative and corrective actions. Management Facility, U.S. Department BILLING CODE 4910–13–P This new AD requires additional of Transportation, 400 Seventh Street, reinforcement of the structure of the SW., Nassif Building, Room PL–401, center fuselage by installing external Washington, DC. DEPARTMENT OF TRANSPORTATION stiffeners (butt straps) at frame FR53.3 Contact Airbus, 1 Rond Point Maurice on the fuselage skin between LH and RH Bellonte, 31707 Blagnac Cedex, France, Federal Aviation Administration STR13, and related investigative and for service information identified in this other specified actions. This AD also AD. 14 CFR Part 39 adds airplanes to the applicability. This FOR FURTHER INFORMATION CONTACT: Tim [Docket No. FAA–2006–26324; Directorate AD results from cracking found at the Backman, Aerospace Engineer, Identifier 2006–NM–214–AD; Amendment circumferential joint of FR53.3. We are International Branch, ANM–116, FAA, 39–14993; AD 2007–06–12] issuing this AD to prevent fatigue Transport Airplane Directorate, 1601 RIN 2120–AA64 cracking of the fuselage, which could Lind Avenue, SW., Renton, Washington result in reduced structural integrity of 98057–3356; telephone (425) 227–2797; Airworthiness Directives; Airbus Model the fuselage. fax (425) 227–1149. A330 Airplanes DATES: This AD becomes effective April SUPPLEMENTARY INFORMATION: AGENCY: Federal Aviation 20, 2007. Examining the Docket Administration (FAA), Department of The Director of the Federal Register You may examine the airworthiness Transportation (DOT). approved the incorporation by reference ACTION: Final rule. directive (AD) docket on the Internet at of a certain publication listed in the AD http://dms.dot.gov or in person at the SUMMARY: The FAA is superseding an as of April 20, 2007. Docket Management Facility office existing airworthiness directive (AD), On October 19, 2005 (70 FR 57732, between 9 a.m. and 5 p.m., Monday which applies to certain Airbus Model October 4, 2005), the Director of the through Friday, except Federal holidays. A330–300 airplanes. That AD currently Federal Register approved the The Docket Management Facility office requires reinforcement of the structure incorporation by reference of Airbus (telephone (800) 647–5227) is located on

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the plaza level of the Nassif Building at airplanes on which Airbus Modification about $9,160 per airplane. Based on the street address stated in the 49202 has been incorporated in these figures, the estimated cost of the ADDRESSES section. production * * *.’’ This change has not new action specified in this AD for U.S. expanded the scope of this AD. operators is $929,880, or $34,440 per Discussion airplane. The FAA issued a notice of proposed Request To Include Note rulemaking (NPRM) to amend 14 CFR Airbus requests that we revise the Authority for This Rulemaking part 39 to include an AD that NPRM to include Note 2 of EASA Title 49 of the United States Code supersedes AD 2005–20–07, amendment airworthiness directive 2006–0266: specifies the FAA’s authority to issue 39–14300 (70 FR 57732, October 4, ‘‘Notwithstanding the compliance times rules on aviation safety. Subtitle I, 2005). The existing AD applies to referenced above, EASA supports the Section 106, describes the authority of certain Airbus Model A330–300 series Airbus recommendation to embody SB the FAA Administrator. Subtitle VII, airplanes. That NPRM was published in A330–53–3143 at latest within 8,300 FC Aviation Programs, describes in more the Federal Register on November 15, or 29,200 FH, whichever occurs first, in detail the scope of the Agency’s 2006 (71 FR 66472). That NPRM order to reduce the extent of any authority. proposed to continue to require required repairs.’’ We are issuing this rulemaking under reinforcement of the structure of the We disagree with including the note. the authority described in Subtitle VII, center fuselage by installing external We acknowledge that accomplishing the Part A, Subpart III, Section 44701, stiffeners (butt straps) at frame (FR) 53.3 required actions sooner could reduce ‘‘General requirements.’’ Under that on the fuselage skin between left-hand the extent of repairs needed in the section, Congress charges the FAA with (LH) and right-hand (RH) stringer (STR) future. However, it is not appropriate promoting safe flight of civil aircraft in 13, and related investigative and and, therefore, not the FAA’s practice to air commerce by prescribing regulations corrective actions. That NPRM also state recommendations in an AD. We for practices, methods, and procedures proposed to require additional have not revised this AD in this regard. the Administrator finds necessary for reinforcement of the structure of the safety in air commerce. This regulation Request To Revise Discussion Section center fuselage by installing external is within the scope of that authority stiffeners (butt straps) at frame FR53.3 Airbus requests that we revise the because it addresses an unsafe condition on the fuselage skin between LH and RH Discussion section of the NPRM to state that is likely to exist or develop on STR13, and related investigative and the unsafe condition was found during products identified in this rulemaking other specified actions. That NPRM also fatigue tests (EF2) of the fuselage. action. proposed to add airplanes to the We agree with Airbus’s statement. applicability. However, that portion of the Discussion Regulatory Findings section is not retained in this final rule. We have determined that this AD will Comments We have not revised this AD in this not have federalism implications under We provided the public the regard. Executive Order 13132. This AD will opportunity to participate in the Conclusion not have a substantial direct effect on development of this AD. We have the States, on the relationship between considered the comments that have We have carefully reviewed the the national government and the States, been received on the NPRM. available data, including the comments or on the distribution of power and that have been received, and determined Request To Revise Paragraph (h) responsibilities among the various that air safety and the public interest levels of government. Airbus requests that we revise the require adopting the AD with the For the reasons discussed above, I phrase ‘‘For all airplanes * * *’’ in change described previously. We have certify that this AD: paragraph (h) of the NPRM to duplicate determined that this change will neither (1) Is not a ‘‘significant regulatory paragraph 2 of European Aviation Safety increase the economic burden on any action’’ under Executive Order 12866; Agency (EASA) airworthiness directive operator nor increase the scope of the (2) Is not a ‘‘significant rule’’ under 2006–0266, dated August 30, 2006, as AD. DOT Regulatory Policies and Procedures follows: ‘‘For all A330–200 and –300 (44 FR 11034, February 26, 1979); and Costs of Compliance series aircraft [as listed in the (3) Will not have a significant applicability of this directive] which Currently, the action required by AD economic impact, positive or negative, have received embodiment of AIRBUS 2005–20–07 and retained in this AD on a substantial number of small entities modification 41652S11819.’’ affects 12 airplanes of U.S. registry. under the criteria of the Regulatory We agree to clarify paragraph (h) of However, we have been advised that all Flexibility Act. this AD. The term ‘‘for all airplanes’’ in affected U.S. operators have already We prepared a regulatory evaluation paragraph (h) of the NPRM applies to accomplished that action. If an affected of the estimated costs to comply with the airplanes identified in paragraph (c) airplane is imported and placed on the this AD and placed it in the AD docket. of the NPRM (the applicability of the U.S. Register in the future, the action See the ADDRESSES section for a location NPRM). Even though paragraph (h) of required by AD 2005–20–07 takes about to examine the regulatory evaluation. the NPRM is essentially the same as 315 work hours per airplane, at an paragraph 2 of EASA airworthiness average labor rate of $80 per work hour. List of Subjects in 14 CFR Part 39 directive 2006–0266, we have revised Required parts cost about $8,920 per Air transportation, Aircraft, Aviation paragraph (h) of this AD as follows: ‘‘For airplane. Based on these figures, the safety, Incorporation by reference, Airbus Model A330–201, –202, –203, estimated cost of the currently required Safety. –223, –243, –301, –321, –322, –323, action is $34,120 per airplane. Adoption of the Amendment –341, –342, and –343 airplanes, on The new action affects about 27 which Airbus Modification airplanes of U.S. registry. The new I Accordingly, under the authority 41652S11819 has been incorporated in action takes about 316 work hours per delegated to me by the Administrator, production or in accordance with airplane, at an average labor rate of $80 the FAA amends 14 CFR part 39 as paragraph (f) of this AD, except those per work hour. Required parts cost follows:

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PART 39—AIRWORTHINESS Contact the FAA/Direction Ge´ne´rale de Related Information DIRECTIVES l’Aviation Civile (DGAC)/European Aviation (k) EASA airworthiness directive 2006– Safety Agency (EASA) for Certain Repair 0266, dated August 30, 2006, also addresses I 1. The authority citation for part 39 Instructions the subject of this AD. (g) For Airbus Model A330–301, –321, continues to read as follows: Material Incorporated by Reference –322, –323, –341, –342, and –343 airplanes, Authority: 49 U.S.C. 106(g), 40113, 44701. except those on which Airbus Modification (l) You must use Airbus Service Bulletin A330–53–3127, Revision 01, dated November § 39.13 [Amended] 41652S11819 has been incorporated in production: If any crack is detected during 21, 2003; and Airbus Service Bulletin A330– 53–3143, Revision 01, including Appendix I the related investigative actions (rototest) 2. The Federal Aviation 01, dated June 29, 2006; as applicable, to required by paragraph (f) of this AD, before Administration (FAA) amends § 39.13 perform the actions that are required by this by removing amendment 39–14300 (70 further flight, repair the crack according to a AD, unless the AD specifies otherwise. FR 57732, October 4, 2005) and by method approved by the Manager, (1) The Director of the Federal Register adding the following new airworthiness International Branch, ANM–116, Transport approved the incorporation by reference of Airplane Directorate, FAA; the DGAC (or its directive (AD): Airbus Service Bulletin A330–53–3143, delegated agent); or the EASA (or its Revision 01, including Appendix 01, dated 2007–06–12 Airbus: Amendment 39–14993. delegated agent). June 29, 2006, in accordance with 5 U.S.C. Docket No. FAA–2006–26324; New Requirements of This AD 552(a) and 1 CFR part 51. Directorate Identifier 2006–NM–214–AD. (2) On October 19, 2005 (70 FR 57732, Installation for Model A330–200 and –300 October 4, 2005), the Director of the Federal Effective Date Series Airplanes Register approved the incorporation by (a) This AD becomes effective April 20, (h) For Airbus Model A330–201, –202, reference of Airbus Service Bulletin A330– 2007. –203, –223, –243, –301, –321, –322, –323, 53–3127, Revision 01, dated November 21, 2003. –341, –342, and –343 airplanes, on which Affected ADs (3) Contact Airbus, 1 Rond Point Maurice Airbus Modification 41652S11819 has been Bellonte, 31707 Blagnac Cedex, France, for a (b) This AD supersedes AD 2005–20–07. incorporated in production or in accordance copy of this service information. You may Applicability with paragraph (f) of this AD, except those review copies at the FAA, Transport Airplane airplanes on which Airbus Modification (c) This AD applies to Airbus Model A330– Directorate, 1601 Lind Avenue, SW., Renton, 49202 has been incorporated in production: 201, –202, –203, –223, –243, –301, –321, Washington; or at the National Archives and At the later of the times in paragraphs (h)(1) –322, –323, –341, –342, and –343 airplanes, Records Administration (NARA). For and (h)(2) of this AD, install the butt straps information on the availability of this certificated in any category; except those on at FR53.3 on the fuselage skin between LH which Airbus Modification 49202 has been material at the NARA, call (202) 741–6030, and RH STR13; and do all related or go to: http://www.archives.gov/federal- incorporated in production. investigative and other specified actions register/cfr/ibr-locations.html. Unsafe Condition before further flight, as applicable. Do all actions in accordance with the Issued in Renton, Washington, on March 7, 2007. (d) This AD results from cracking found at Accomplishment Instructions of Airbus the circumferential joint of frame (FR) 53.3. Service Bulletin A330–53–3143, Revision 01, Ali Bahrami, We are issuing this AD to prevent fatigue including Appendix 01, dated June 29, 2006; Manager, Transport Airplane Directorate, cracking of the fuselage, which could result except if any crack is detected during a Aircraft Certification Service. in reduced structural integrity of the fuselage. related investigative action (rototest), before [FR Doc. E7–4740 Filed 3–15–07; 8:45 am] Compliance further flight, repair the crack using a method BILLING CODE 4910–13–P approved by the Manager, International (e) You are responsible for having the Branch, ANM–116; or the EASA (or its actions required by this AD performed within delegated agent). DEPARTMENT OF TRANSPORTATION the compliance times specified, unless the (1) Before the accumulation of 17,600 total actions have already been done. flight cycles or 61,600 total flight hours, Federal Aviation Administration Requirements of AD 2005–20–07 whichever occurs earlier. (2) Within 6 months after the effective date 14 CFR Part 39 Installation for Model A330–300 Series of this AD. Airplanes [Docket No. FAA–2006–26401; Directorate Credit for Actions Done in Accordance With Identifier 2006–CE–72–AD; Amendment 39– (f) For Airbus Model A330–301, –321, Previous Service Bulletin –322, –323, –341, –342, and –343 airplanes, 14987; AD 2007–06–06] (i) Actions done before the effective date of except those on which Airbus Modification RIN 2120–AA64 this AD in accordance with Airbus Service 41652S11819 has been incorporated in Bulletin A330–53–3143, including Appendix production: At the later of the times in Airworthiness Directives; B–N Group 01, dated December 24, 2004, are acceptable paragraphs (f)(1) and (f)(2) of this AD, install for compliance with the corresponding Ltd. BN–2, BN–2A, BN–2B, BN–2T, and the butt straps at FR53.3 on the fuselage skin requirements of paragraph (h) of this AD. BN–2T–4R Series (All Individual between left-hand (LH) and right-hand (RH) Models Included in Type Certificate stringer (STR) 13, and do all related Alternative Methods of Compliance Data Sheet (TCDS) A17EU, Revision investigative and corrective actions before (AMOCs) 16, Dated December 9, 2002), and BN– further flight. Except as provided by (j)(1) The Manager, International Branch, 2A–Mklll Trislander Series (All paragraph (g) of this AD, do all actions in ANM–116, has the authority to approve Individual Models Included in Type accordance with the Accomplishment AMOCs for this AD, if requested in Certificate Data Sheet (TCDS) A29EU, Instructions of Airbus Service Bulletin A330– accordance with the procedures found in 14 Revision 4, Dated December 9, 2002) 53–3127, Revision 01, dated November 21, CFR 39.19. Airplanes 2003. (2) Before using any AMOC approved in (1) Before the accumulation of 14,700 total accordance with § 39.19 on any airplane to AGENCY: Federal Aviation flight cycles or 51,400 total flight hours, which the AMOC applies, notify the Administration (FAA), Department of whichever occurs earlier. appropriate principal inspector in the FAA Transportation (DOT). (2) Within 6 months after October 19, 2005 Flight Standards Certificate Holding District ACTION: Final rule. (the effective date of AD 2005–20–07). Office.

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SUMMARY: We are adopting a new Discussion the following, or a similar statement: airworthiness directive (AD) for the We issued a notice of proposed ‘‘We intend to incorporate by reference products listed above. This AD results rulemaking (NPRM) to amend 14 CFR the following publications.’’ from mandatory continuing part 39 to include an AD that would We do not concur with the airworthiness information (MCAI) apply to the specified products. That commenter’s request to indicate in an issued by an aviation authority of NPRM was published in the Federal NPRM our intent to incorporate service another country to identify and correct Register on December 22, 2006 (71 FR information by reference. When we an unsafe condition on an aviation 76952). That NPRM proposed to correct propose that actions be accomplished in product. The MCAI describes the unsafe an unsafe condition for the specified accordance with certain service condition as: products. The MCAI states that: information in an NPRM, the public may assume we intend to Incorporate by * * * incidences have been reported to * * * incidences have been reported to Britten-Norman Aircraft Ltd where cracks Britten-Norman Aircraft Ltd. where cracks Reference (IBR) that service information, have been found in the inner shell of the have been found in the inner shell of the as requested by the Office of the Federal pitot/static pressure heads. This could result pitot/static pressure heads. If not corrected Register. Service information that is in incorrect readings on the pressure this could result in incorrect readings on the cited in the proposed AD as a source of instrumentation, e.g. altimeters, vertical pressure instrumentation, e.g. altimeters, additional information is not presented speed indicators (rate-of-climb) and airspeed vertical speed indicators (rate-of-climb) and as a requirement, and the public may indicators. airspeed indicators. assume we do not intend to IBR that We are issuing this AD to require Comments service information. No change to this actions to correct the unsafe condition final rule is necessary in regard to the We gave the public the opportunity to commenter’s request. on these products. participate in developing this AD. We DATES: This AD becomes effective April considered the comments received. Conclusion 20, 2007. Comment Issue No. 1: Reference to We reviewed the available data, The Director of the Federal Register Service Bulletin including the comments received, and determined that air safety and the approved the incorporation by reference Jack Buster of the Modification and public interest require adopting the AD of certain publications listed in this AD Replacement Parts Association with the changes described previously. as of April 20, 2007. (MARPA) comments that the correct We determined that these changes will ADDRESSES: reference to the service bulletin is You may examine the AD not increase the economic burden on Britten-Norman Service Bulletin docket on the Internet at http:// any operator or increase the scope of the Number SB 310, Issue 2, dated March 1, dms.dot.gov or in person at the Docket AD. Management Facility, U.S. Department 2006. of Transportation, 400 Seventh Street When referencing what is in the Differences Between This AD and the SW., Nassif Building, Room PL–401, MCAI, we reference it as ‘‘B–N Service MCAI or Service Information Washington, DC. Bulletin 310 Issue 2’’ because we try to use terminology straight from the MCAI We have reviewed the MCAI and FOR FURTHER INFORMATION CONTACT: when we can. We are not able to use related service information and, in Taylor B. Martin, Aerospace Engineer, this reference in the actual AD portion general, agree with their substance. But FAA, Small Airplane Directorate, 901 because to incorporate by reference we might have found it necessary to use Locust, Room 301, Kansas City, (IBR) this service bulletin, we must different words from those in the MCAI Missouri, 64106; telephone: (816) 329– reference it exactly how it appears in to ensure the AD is clear for U.S. 4138; facsimile: (816) 329–4090. the reference document. Therefore, we operators and is enforceable. In making these changes, we do not intend to differ SUPPLEMENTARY INFORMATION: will reference it in the AD as follows: • When referencing the MCAI: We substantively from the information Streamlined Issuance of AD will reference it as B–N Service Bulletin provided in the MCAI and related 310 Issue 2. service information. The FAA is implementing a new • All other references: We will We might also have required different process for streamlining the issuance of reference it as Britten-Norman Service actions in this AD from those in the ADs related to MCAI. The streamlined Bulletin Number SB 310, Issue 2, dated MCAI in order to follow FAA policies. process will allow us to adopt MCAI March 1, 2006. Any such differences are highlighted in safety requirements in a more efficient a Note within the AD. manner and will reduce safety risks to Comment Issue No. 2: Incorporation of the public. This process continues to Service Documents Costs of Compliance follow all FAA AD issuance processes to MARPA comments that it was We estimate that this AD will affect meet legal, economic, Administrative informed service documents are usually 135 products of U.S. registry. We also Procedure Act, and Federal Register not incorporated into proposed actions estimate that it will take about 2 work- requirements. We also continue to meet (NPRMs), but only into final actions. hours per product to comply with this our technical decision-making MARPA notes there is no indication in AD. The average labor rate is $80 per responsibilities to identify and correct the NPRM the FAA intends to work-hour. Required parts will cost unsafe conditions on U.S.-certificated incorporate by reference the necessary about $10,000 per product. Where the products. service information. In addition, there is service information lists required parts This AD references the MCAI and no indication of which service costs that are covered under warranty, related service information that we documents are mandatory and which we have assumed that there will be no considered in forming the engineering are merely sources of additional service charge for these parts. As we do not basis to correct the unsafe condition. information. Therefore, the reader is control warranty coverage for affected The AD contains text copied from the unsure of the FAA’s intent. MARPA parties, some parties may incur costs MCAI and for this reason might not asks that future proposed actions higher than estimated here. Based on follow our plain language principles. indicate the FAA’s intent by including these figures, we estimate the cost of

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this AD to the U.S. operators to be List of Subjects in 14 CFR Part 39 (3) Before further flight, after any inspection or procedure required by this AD, $1,371,600, or $10,160 per product. Air transportation, Aircraft, Aviation correct, modify, or replace, as specified in the Authority for This Rulemaking safety, Incorporation by reference, service information. Safety. Title 49 of the United States Code FAA AD Differences specifies the FAA’s authority to issue Adoption of the Amendment rules on aviation safety. Subtitle I, Note: This AD differs from the MCAI and/ I Accordingly, under the authority or service information as follows: This AD section 106, describes the authority of delegated to me by the Administrator, references the service bulletin as Britten- the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as Norman Service Bulletin Number SB 310, Aviation Programs,’’ describes in more follows: Issue 2, dated March 1, 2006; and the MCAI detail the scope of the Agency’s references the service bulletin as B–N Service authority. PART 39—AIRWORTHINESS Bulletin 310 Issue 2. We are issuing this rulemaking under DIRECTIVES the authority described in ‘‘Subtitle VII, Other FAA AD Provisions I Part A, Subpart III, Section 44701: 1. The authority citation for part 39 (f) The following provisions also apply to General requirements.’’ Under that continues to read as follows: this AD: section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. (1) Alternative Methods of Compliance promoting safe flight of civil aircraft in (AMOCs): The Manager, Standards Staff, § 39.13 [Amended] air commerce by prescribing regulations FAA, ATTN: Taylor B. Martin, Aerospace for practices, methods, and procedures I 2. The FAA amends § 39.13 by adding Engineer, FAA, Small Airplane Directorate, the Administrator finds necessary for the following new AD: 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4138; facsimile: safety in air commerce. This regulation 2007–06–06 B–N Group Ltd: Amendment (816) 329–4090, has the authority to approve is within the scope of that authority 39–14987; Docket No. FAA–2006–26401; AMOCs for this AD, if requested using the because it addresses an unsafe condition Directorate Identifier 2006–CE–72–AD. procedures found in 14 CFR 39.19. that is likely to exist or develop on Effective Date (2) Airworthy Product: For any requirement products identified in this rulemaking (a) This airworthiness directive (AD) in this AD to obtain corrective actions from action. becomes effective April 20, 2007. a manufacturer or other source, use these actions if they are FAA-approved. Corrective Regulatory Findings Affected ADs actions are considered FAA-approved if they We determined that this AD will not (b) None. are approved by the State of Design Authority (or their delegated agent). You are required have federalism implications under Applicability Executive Order 13132. This AD will to assure the product is airworthy before it not have a substantial direct effect on (c) This AD applies to B–N Group Ltd BN– is returned to service. 2, BN–2A, BN–2B, BN–2T, and BN–2T–4R (3) Reporting Requirements: For any the States, on the relationship between Series (all individual models included in reporting requirement in this AD, under the the national government and the States, Type Certificate Data Sheet (TCDS) A17EU, provisions of the Paperwork Reduction Act or on the distribution of power and Revision 16, dated December 9, 2002), and (44 U.S.C. 3501 et seq.), the Office of responsibilities among the various BN–2A–Mklll Trislander Series (all Management and Budget (OMB) has levels of government. individual models included in TCDS A29EU, approved the information collection For the reasons discussed above, I Revision 4, dated December 9, 2002) requirements and has assigned OMB Control certify this AD: airplanes, certificated in any category. Number 2120–0056. (1) Is not a ‘‘significant regulatory Reason Related Information action’’ under Executive Order 12866; (d) The mandatory continuing (g) Refer to MCAI European Aviation (2) Is not a ‘‘significant rule’’ under airworthiness information (MCAI) states: Safety Agency (EASA), AD No.: 2006–0143, DOT Regulatory Policies and Procedures * * * incidences have been reported to dated May 30, 2006; and Britten-Norman Britten-Norman Aircraft Ltd. where cracks (44 FR 11034, February 26, 1979); and Service Bulletin SB 310, Issue 2, dated March have been found in the inner shell of the (3) Will not have a significant 1, 2006, for related information. pitot/static pressure heads. If not corrected economic impact, positive or negative, this could result in incorrect readings on the Material Incorporated by Reference on a substantial number of small entities pressure instrumentation, e.g. altimeters, under the criteria of the Regulatory You must use Britten-Norman Service vertical speed indicators (rate-of-climb) and Bulletin Number SB 310, Issue 2, dated Flexibility Act. airspeed indicators. March 1, 2006 to do the actions required by We prepared a regulatory evaluation Actions and Compliance this AD, unless the AD specifies otherwise. of the estimated costs to comply with (1) The Director of the Federal Register this AD and placed it in the AD Docket. (e) Unless already done, do the following actions in accordance with Britten-Norman approved the incorporation by reference of Examining the AD Docket Service Bulletin Number SB 310, Issue 2, this service information under 5 U.S.C. dated March 1, 2006: 552(a) and 1 CFR part 51. You may examine the AD docket on (1) Within the next 60 days after the (2) For service information identified in the Internet at http://dms.dot.gov; or in effective date of this AD, perform the this AD, contact Britten-Norman Aircraft person at the Docket Management inspection procedure and the leak test Limited, Bembridge Airport, Isle of Wight, Facility between 9 a.m. and 5 p.m., procedure as detailed in Section 6 Action, of United Kingdom, PO35 5PR. Monday through Friday, except Federal Britten-Norman Service Bulletin Number SB (3) You may review copies at the FAA, holidays. The AD docket contains the 310, Issue 2, dated March 1, 2006. Repeat this Central Region, Office of the Regional NPRM, the regulatory evaluation, any inspection procedure and the leak test Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives comments received, and other procedure at intervals not to exceed 500 hours time-in-service (TIS). and Records Administration (NARA). For information. The street address for the (2) In addition, within 500 hours after the information on the availability of this Docket Office (telephone (800) 647– initial inspection, perform an initial material at NARA, call 202–741–6030, or go 5227) is in the ADDRESSES section. inspection of the drain traps for moisture. to: http://www.archives.gov/federal_register/ Comments will be available in the AD Repeat this inspection at intervals not to code_of_federal_regulations/ docket shortly after receipt. exceed 500 hours TIS. ibr_locations.html.

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Issued in Kansas City, Missouri, on March FDA published a notice of filing of growth, eggshell formation, as well as 6, 2007. this petition in the Federal Register of other endocrine system functions (Ref. Kim Smith, October 24, 1995 (60 FR 54505), and 2). Manager, Small Airplane Directorate, Aircraft gave interested parties an opportunity to Animals, including poultry, do not Certification Service. submit comments to the agency. FDA have a dietary requirement for vitamin [FR Doc. E7–4729 Filed 3–15–07; 8:45 am] did not receive any comments in D when sufficient ultraviolet (UV) light BILLING CODE 4910–13–P response to that notice. Subsequent to is available, because vitamin D is the filing of the petition, sponsorship produced through action of UV light on was changed to IsoGen L.L.C., Monsanto a provitamin present in the skin. This DEPARTMENT OF HEALTH AND Co., Roche Vitamins, Inc., and lastly, to provitamin is synthesized in the body HUMAN SERVICES DSM Nutritional Products, Inc., 45 and present in large amounts in skin, Waterview Blvd., Parsippany, NJ, intestinal wall, and other tissues (Ref. Food and Drug Administration 07054–1298. 2). Vitamin D becomes a nutritionally important factor in the absence of 21 CFR Part 584 II. Standards for GRAS Affirmation sufficient UV light either from the sun or from an artificial source. Under [Docket No. 1995G–0321] (formerly 95G– Under § 570.30 (21 CFR 570.30), 0321) general recognition of safety of food modern farming conditions, many ingredients may be based only on the animals are raised in total confinement Food Substances Affirmed as views of experts qualified by scientific with limited exposure to UV light thus Generally Recognized as Safe in Feed training and experience to evaluate the creating the need for a dietary supply of and Drinking Water of Animals: 25- safety of food substances directly or vitamin D. Hydroxyvitamin D3 indirectly added to food. The basis of There are two predominant forms of such views may be either of the vitamin D for poultry. Vitamin D2 comes AGENCY: Food and Drug Administration, following: (1) Scientific procedures, or mainly from plants. Vitamin D3 is HHS. (2) in the case of a substance used in produced in a bird’s body when ACTION: Final rule. food prior to January 1, 1958, through sunlight reacts with vitamin D precursors obtained from the bird’s diet. SUMMARY: experience based on common use in The Food and Drug Since vitamin D is 30 to 40 times more Administration (FDA) is amending its food. General recognition of safety based 3 upon scientific procedures requires the potent than D2, plants are considered regulations to affirm that the use of 25- insignificant sources of vitamin D for hydroxyvitamin D3 is generally same quantity and quality of scientific evidence as is required to obtain birds. recognized as safe (GRAS) as a source of Commonly, broiler chickens are vitamin D3 activity in broiler chicken approval of a food additive regulation for the ingredient and ordinarily is to be grown within the confines of buildings feeds and drinking water when used in with large numbers of birds per building accordance with certain limitations. based upon published studies, which may be corroborated by unpublished and are supplied with bulk feed and This action is in response to a petition water for ad libitum consumption. filed by Amoco BioProducts Corp. studies and other data and information (§ 570.30(b)). General recognition of Various strains of chicken have been Subsequently, the sponsorship for this developed for broiler production. They petition was changed to IsoGen L.L.C., safety through experience based on common use of a substance in food prior have been bred primarily for rapid Monsanto Co., Roche Vitamins, Inc., weight gain and efficient feed to January 1, 1958, may be determined and lastly, to DSM Nutritional Products, utilization. Typically, broilers are without the quantity or quality of Inc. slaughtered at 6 to 7 weeks of age if size scientific evidence required for approval DATES: This rule is effective March 16, and weight requirements are attained. of a food additive regulation. Ordinarily 2007. Crumbled starter feed is supplied during it is to be based upon generally available FOR FURTHER INFORMATION CONTACT: weeks 1 to 3, pelletized grower feed data and information (§ 570.30(c)). Michaela Alewynse, Center for during weeks 4 to 6, and finisher feed The subject petition relies on Veterinary Medicine (HFV–228), Food until slaughter. The major differences scientific procedures evidence to and Drug Administration, 7519 Standish among these types of feed are the levels support the GRAS affirmation of 25-OH Pl., Rockville, MD 20855, 240–453– and sources of nutrients provided in the D as a source of vitamin D activity in 6866, e-mail: 3 3 feed, such as amino acids, minerals, and broiler chicken feeds and drinking [email protected]. vitamins. The level of vitamin water. SUPPLEMENTARY INFORMATION: supplementation provided in the broiler III. Safety Evaluation industry is based on type of diets fed, I. Background species, age of the bird, dietary A. Introduction In accordance with the procedures antagonists, form of vitamin product, described in 21 CFR 570.35, Amoco 25-OH D3, also called 25- requirement status (optimum or BioProducts Corp., P.O. Box 3011, hydroxycholecalciferol, is a normal minimum requirements), disease status, Naperville, IL, 60566, submitted a metabolite of vitamin D3 in mammals complexity of the ration, and petition (GRASP 2449) requesting that and birds. Chemically, the substance is environmental factors, primarily 25-hydroxyvitamin D3 (25-OH D3) be 9,10-secocholesta-5,7,10(19)-triene-3b, ambient temperature. Only after all affirmed as GRAS for use as a source of 25-diol. 25-OH D3 is the principal these factors are considered can the vitamin D3 activity in broiler chicken circulating form of vitamin D3, which is optimal vitamin requirements for feeds. In the original petition, 25-OH D3 the primary source of vitamin D activity poultry be estimated (Ref. 2). was proposed for use in feed only. The for livestock animals. The metabolism of The National Research Council’s proposed use was amended in a vitamin D in animals is well understood (NRC) recommendation for dietary submission dated January 7, 1998, to and is documented in biochemistry vitamin D3 requirement of broiler include administration through drinking textbooks (for example, Ref. 1). In chickens is 200 International Units (IU) water. Furthermore, all data for feed are poultry, vitamin D regulates calcium of vitamin D3 per kilogram (/kg) of feed applicable to water. and phosphorus homeostasis, bone (Ref. 3). One unit of vitamin D3 is

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defined as the activity of 0.025 safe use of 25-OH D3, the label and 1. Target Animal Safety µ microgram ( g) of vitamin D3. Thus, a labeling shall bear adequate mixing The NRC reported that the existing supplement of 200 IU/kg of feed is directions to ensure that the product µ data for broiler chickens do not allow equivalent to 5 g of vitamin D3/kg of (and its premixes) is uniformly blended precise estimates to be made for feed. This requirement is based on diets throughout the feed or drinking water. maximum vitamin D (and vitamin D containing the required amounts of In addition, since there are no animal metabolites such as 25-OH D3) tolerance calcium and available phosphorus and consumption data to support the levels; however, it indicated that under is considered by NRC to be the concurrent use of 25-OH D3 in feed and short-term feeding conditions (less than minimum amount required to prevent water, there must be a statement on all 60 days), most species including deficiency signs. premix labeling (feed and drinking chickens, can tolerate as much as 100 B. Manufacturing and Specifications water forms) that 25-OH D3 should not times (100 X) their apparent vitamin D µ According to the petition, the be used concurrently in both feed and dietary requirements, i.e., 500 g/kg of water. feed (Ref. 6). production of 25-OH D3 uses a Estimates of the tolerance of 25-OH D3 bioengineered strain of the yeast D. General Recognition of Safety Saccharomyces cerevisiae. The 25-OH by broiler chickens were assessed by the expert panel (Ref. 7) primarily from two D3 final product is a white to slightly The petition provides information to pink, odorless, crystalline substance. support a determination that the use of field trials conducted for Amoco The petition lists the specifications for 25-OH D in broiler chicken diets or BioProducts Corp. The aim of these 3 studies was to determine the utility of 25-OH D3 as: not less than 94.0 percent drinking water is GRAS based upon the 25-OH D3 as a source of vitamin D3 25-OH D3; not more than 1 percent of existence of an expert consensus, based activity and/or to evaluate whether 25- any individual sterol; not more than 5 on scientific procedures, that 25-OH D 3 OH D exhibited toxic effects when percent water; not more than 20 parts has been shown to be safe. Foremost in 3 added to broiler diets. One of the per million (ppm) lead; not more than the support of the determination is the 20 ppm aluminum; not more than 1.0 studies (Ref. 8) was compromised due to same kind and quality of safety data as the high mortality rate (up to 16 percent solvents; and non-detectable would be required to obtain FDA levels of 2’, 4’, 5’, 7’-tetraiodofluorescin. percent) that occurred in all groups approval of 25-OH D3 for use as a food including controls. The other study (Ref. In order to ensure vitamin potency so additive. In particular, the majority of that the 25-OH D ‘‘performs an 9) was requested by the expert panel 3 the data is published, and there is a appropriate function in the food,’’ an and is discussed below. consensus among qualified experts, expiration date should be included on In addition to the field trials feed and water premixes (§ 570.30(f)(2)). based on the data, that this use of the conducted for Amoco BioProducts substance is safe. Corp., the expert panel evaluated C. Use in Feed and Drinking Water Information in the petition shows that information from separate published The petitioner claims that the NRC the safety of 25-OH D3 has been sources, including the results of several µ recommendation of 5 g of vitamin D3/ evaluated by an expert panel. The animal feeding studies. Based on its kg of feed is virtually never used in the expert panel was convened by the Life comprehensive review of the literature, broiler industry because commercial Sciences Research Office, Federation of the expert panel concluded that dietary µ broiler strains currently grow much American Societies for Experimental levels up to 10 g of 25-OH D3/kg of faster, utilize feed more efficiently, and Biology. The expert panel obtained feed are safe for broiler chickens for are reared in confinement with less prolonged feeding. It was noted that background information, identified and µ exposure to UV light than when the analyzed pertinent literature and broiler chickens fed 100 g of 25-OH D3/ NRC made its recommendation. As a experimental studies, and reached an kg of feed exhibited toxicity signs characterized by epithelial necrosis and result, petitioner claims opinion as to whether the available supplementation of broiler feed with mineralization in the distal convoluted information and data on the health vitamin D is typically at a considerably tubules of the kidney (Ref. 10). 3 effects of 25-OH D were sufficient to higher level. A survey of commercial 3 However, a detailed evaluation of the meet the regulatory requirements of practices in regard to vitamin study revealed significant inadequacies safety as a GRAS substance for the supplementation of poultry feed in its design and experimental intended use. The expert panel supported this argument, i.e., it revealed procedures. Thus, the expert panel did concluded that the available that the amounts of vitamin D3 not place great weight on this study in commonly added by the broiler chicken information supports a GRAS its evaluation of safety. Additionally, a feed companies range from 50.0 to 62.5 classification of 25-OH D3 when number of studies were performed in parts per billion (ppb) (µg/kg) of supplied as a source of vitamin D other poultry species. No signs of finished feed (Ref. 4). activity in broiler feed at the intended toxicity were reported in laying hens level of use of about 69 µg/kg of feed. The petitioner proposes that 25-OH when 25-OH D3 was fed at levels up to D3is GRAS when added to broiler Corroborating evidence has shown that 50 µg/kg of feed for periods up to 448 chicken feed at levels not to exceed 69 25-OH D3 is a normal metabolite of days (Ref. 11). Laying Japanese quail ppb (µg/kg) of finished feed. Based on vitamin D3 and the principal circulating and growing turkeys were fed diets the manufacturing and composition of a form of vitamin D3 in mammals and containing up to 16.6 µg of 25-OH D3/ liquid product and its liquid release and birds (Ref. 2). In addition, the petitioner kg of feed for periods up to 42 days with stability data, the petitioner also provided testimony of a world- no adverse effects recorded (Refs. 12 proposes that 25-OH D3 is GRAS when renowned expert on vitamin D who and 13). added to broiler chickens’ drinking concluded that 25-OH D3 would be a Because the concentration of 25-OH water at levels not to exceed 34.5 ppb. safer dietary ingredient than vitamin D, D3 in broiler feed that may elicit toxic This is because it is generally assumed since it does not accumulate in the body effects was not known, the expert panel that birds drink approximately twice as and thus, would not cause toxicity requested that Amoco BioProducts much water as the amount of feed because of accumulation to toxic levels Corp. conduct an additional target consumed on a weight basis. To assure (Ref. 5). animal safety study (Ref. 9). 25-OH D3

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was tested at multiple levels at and 2. Consumer Exposure vitamin D compounds. However, the above (0, 1, 10, 50, 100, and 200X) the agency does not have sufficient The safety of 25-OH D3 has been maximum proposed use level. No evaluated to assess its potential toxicity information to disqualify the rabbit significant differences in body weight, in humans who consume edible tissues model in toxicity testing. While not mortality rate, or treatment-related derived from broiler chickens fed 25-OH disregarding the rabbit study, FDA took lesions were observed in the 25-OH D3 into account the high sensitivity of the D3—supplemented feed. The evaluation group at the maximum proposed level of was based on FDA’s review of published rabbit model and used a 100-fold safety 69 µg/kg of feed. However, 35 percent of factor rather than the usual 1000-fold µ and unpublished information provided the birds in the 690 g 25-OH D3/kg in the petition, including the safety safety factor in calculating an acceptable group (10X) developed renal evaluation performed by the expert daily intake (ADI) for 25-OH D3. calcification. In addition, by the end of panel (Ref. 7). Based on the available Consequently, FDA set the ADI based on the study, the body weights of the birds current information at 0.05 µg/kg BW/ information and evaluation of the from the 690 µg/kg group fell 12 percent day. The safe concentrations of 25-OH biological effects of 25-OH D , the when compared with the birds from the 3 D in chicken tissues based on an ADI expert panel concluded that ‘‘The 3 69 µg/kg group. Data were not collected of 0.05 µg/kg BW/day is 10 ppb in available information supports a to determine the level between 69 and muscle, 30 ppb in liver, and 60 ppb in Generally Recognized as Safe (GRAS) 690 µg 25-OH D /kg of feed at which skin/fat. These values are well within 3 classification of 25-hydroxyvitamin D toxic effects were seen. High mortality 3 the estimated safe concentrations for when supplied as a source of vitamin D was observed in birds exposed to high consumers (Ref. 17). Although liver activity in broiler feed at the intended levels of 25-OH D (50, 100, and 200X) concentrations of 25-OH D were not 3 level of use of about 68.8 µg (63.8 to 3 thus, these treatments were terminated µ measured, it is anticipated that these before the end of the study. Based on its 73.7 g) per kilogram of feed.’’ values similarly would be within the Having evaluated the data and review of the available information, calculated acceptable levels. FDA information contained in the petition, including the results of this additional concludes that the available data FDA preliminarily found that this use of study, the expert panel concluded that indicate that residue levels of 25-OH D 25-OH D in broiler feed was safe; 3 the proposed maximum level (69 µg 25- 3 will not result in any unsafe residues of however, some concerns regarding the OH D3/kg of feed) is within the range 25-OH D3 in edible chicken tissues. teratogenicity of 25-OH D3 in the rabbit that growing broilers can tolerate. In its evaluation of 25-OH D3, FDA After evaluating the results of the (the most sensitive species) remained. has reviewed not only the safety of the Specifically, Dutch Belted rabbits dosed latter study (Ref. 9), FDA found that, µ product itself, but also the safety of the although no toxic effects were observed at 25 and 50 g/kg bodyweight (BW)/ chemical impurities that may be present at the maximum proposed use level (69 day by oral intubation from gestation in the product from the manufacturing µg/kg of feed), significant treatment- day 6 to day 18 produced pups with process. Residual amounts of reactants related lesions occurred when birds skeletal and vascular anomalies. These and manufacturing aids are commonly were exposed to 10 times (690 µg/kg of dose-related effects included domed found as contaminants in chemical feed) that level. In the absence of key skulls, enlarged cardiac atria, and products, including products added to data to determine the level between 69 dilated pulmonary arteries. None of animal feeds. and 690 µg/kg at which toxicity effects these abnormalities were noted in the The biological stain, 2’, 4’, 5’, 7’- µ were seen, there was no assurance that negative controls or the 5 g/kg BW/day tetraiodofluorescin (also known as toxicity would not occur at levels just group. This and other toxicity studies FD&C Red No. 3 or erythrosin), is used above 69 µg/kg. Thus, to identify the were previously reviewed by FDA in as a photosensitizer in the production of margin of safety for the intended use, support of the use of 25-OH D3 as the 25-OH D3. This use of 2’, 4’, 5’, 7’- FDA requested another target animal therapeutic drug for humans, calcifediol tetraiodofluorescin may result in safety study. (Ref. 15). unintended residue levels of 50 ppm The study (Ref. 14) was designed to The petitioner argued that the rabbit’s maximum in the finished 25-OH D3 show safety to broiler chickens by unique calcium metabolism and product (Ref. 18). At a 50 ppm testing 25-OH D3 at varying levels unusual sensitivity to the effects of concentration in the 25-OH D3 final between 69 and 690 µg/kg of feed which vitamin D compounds rendered it too product, when the 25-OH D3 is diluted represented 0 (control), 1, 3, 5, and 10 sensitive a model for assessing the in feed to a concentration of 69 ppb (69 times the maximum proposed use level. teratogenic potential of vitamin D in µg/kg), 2’, 4’, 5’, 7’-tetraiodofluorescin The results of the study corroborated humans (Ref. 16). In addition, the would be present at 3.45 parts per previous findings that 25-OH D3 petitioner provided the testimony of Dr. trillion (ppt) in finished broiler chicken supplementation at levels up to the Hector De Luca, a world-renowned feed. maximum proposed use rate resulted in expert (Ref. 5) on vitamin D, who noted FDA used risk assessment procedures no toxic effect, and at levels 10 times that rabbits are extraordinarily sensitive to estimate the upper-bound of risk the proposed use level resulted in renal to vitamin D and that they rapidly go presented by 2’, 4’, 5’, 7’- calcification. The study also found that into hyperglycemia at low doses of any tetraiodofluorescin, a carcinogenic no treatment-related lesions occurred form of vitamin D. Dr. De Luca stated chemical (21 CFR 81.10(u)), that may be when broilers were fed at levels up to that in the rabbit, hyperglycemia likely present in the 25-OH D3 product. Using five times the highest proposed use causes the observed teratogenic effects. a worst case estimate, taking into level. In the expert’s view, the rabbit should account a bird feed efficiency of FDA has determined that the not be used as a toxicology model for approximately 1.9 and 80 percent published studies, as corroborated by man for studies of vitamin D uptake, the worst case concentration of this unpublished study, provide an compounds, because they almost stand 2’, 4’, 5’, 7’-tetraiodofluorescin in edible adequate basis upon which to conclude alone in their sensitivity among species tissue would be 5.2 ppt (3.45 ppt x 1.9 that 25-OH D3 is a safe source of vitamin used for the safety studies. x 0.8 = 5.2 ppt). Therefore, the agency D3 activity for broiler chickens when fed Based on information provided in the would not expect this impurity to at nutritional levels not to exceed 69 µg/ petition, FDA concurs that the rabbit is become a component of food at other kg of finished feed. unusually sensitive to the effects of than minute levels. However, because

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2’, 4’, 5’, 7’-tetraiodofluorescin is a who stated that 25-OH D3 would be a 6. National Research Council, carcinogenic chemical, FDA advised safer dietary supplement than vitamin ‘‘Vitamin D,’’ in Vitamin Tolerance of that the sponsor should either find a D, since it does not accumulate in the Animals, 1st ed., National Academy replacement for 2’, 4’, 5’, 7’- body and thus, would not cause toxicity Press, Washington, DC, pp. 11–22, 1987. tetraiodofluorescin or remove 2’, 4’, 5’, because of accumulation to toxic levels. 7. GRASP 2449, Appendix E: Expert 7’-tetraiodofluorescin from the final Therefore, the agency is issuing this Panel Report, Life Sciences Research product in a consistent manner. final rule affirming that 25-OH D3 is Office, Federation of American Societies Subsequently, the petitioner developed GRAS as a source of vitamin D3 activity for Experimental Biology, Bethesda, a purification process for complete in broiler feeds and drinking water MD, 1994. removal of 2’, 4’, 5’, 7’- when given to broiler chickens at 8. Quarles, C. L., Safety study using tetraiodofluorescin from the final 25-OH nutritional levels not to exceed 69 ppb 25-OH D3 in broiler chickens, Colorado D3 product. The petitioner provided in feed or 34.5 ppb in drinking water AM–1–93, Colorado Quality Research details on the experimental conditions and when used in accordance with Inc., Fort Collins, CO, 1993, (available and the supporting analytical data for additional limitations. in the petition: vol. 11, pp. 02005– the analytical method used to quantitate 02493). V. Environmental Impact residual 2’, 4’, 5’, 7’-tetraiodofluorescin 9. Quarles, C. L., Safety study using in the 25-OH D3 product. FDA found the FDA has determined under 21 CFR 25-OH D3 and vitamin D3 in broiler purification process to be effective 25.32(r) that this action is of the type chickens, Colorado AM–2–94, Colorado based on the analytical work submitted. that does not individually or Quality Research, Inc., Fort Collins, CO, The analytical method for the detection cumulatively have a significant effect on 1994, (available in the petition: vol. 12, of the 2’, 4’, 5’, 7’-tetraiodofluorescin the human environment. Therefore, pp. 2494–2862). has been appropriately validated by the neither an environmental assessment 10. Morrissey, J. L., et al., Journal of petitioner and FDA found it to be nor an environmental impact statement Nutrition, vol. 107, pp. 1027–10324, accurate, precise, and acceptable for its is required. 1977 (available in the petition: vol. 19, purpose. VI. Effective Date pp. 5220–5227). IV. Conclusion 11. Janssen, W. M. M. A., H. A. J. As this rule recognizes an exemption Versteegh, P. J. W. Van Schagen, Archiv FDA has determined that the petition from the food additive definition in the fur Geflugelkunde, vol. 45, pp. 194–200, provides information to support a Federal Food, Drug, and Cosmetic Act, 1981 (available in the petition: vol. 18, determination that the use of 25-OH D 3 and from the approval requirements pp. 5018–5024). is GRAS as a source of vitamin D 3 applicable to food additives, no delay in 12. Kaetzel, D. M., Jr. and J. H. Soares, activity for broiler chicken feeds and effective date is required by the Jr., Journal of Nutrition, vol. 109, pp. drinking water based upon the existence Administrative Procedure Act (5 U.S.C. 1601–1608, 1979 (available in the of an expert consensus that 25-OH D3 553(d)). The rule therefore will be has been shown to be safe based on petition: vol. 18, pp. 5033–5040). effective immediately (5 U.S.C. 13. Stevens, V. L. and R. Blair, scientific procedures. The 553(d)(1)). determination was based upon Nutrition Reports International, vol. 35, published scientific data, corroborating VII. References pp. 755–764, 1987 (available in the unpublished studies, and other data and The following references have been petition: vol. 19, pp. 5465–5474). information. The agency has reached the placed on display in the Division of 14. GRASP 2449, Amendment C– 0027: Safety Study Using 25-OH D3 in following conclusions: (1) 25-OH D3 is Dockets Management (HFA–305), 5630 Broiler Chickens (Project No. ISG–98–2). a suitable source of vitamin D3 activity Fishers Lane, rm. 1061, Rockville, MD September 1998 (available in the for broiler chickens; (2) 25-OH D3 at 20852 and may be seen by interested levels up to 69 ppb in feed, or 34.5 ppb persons between 9 a.m. and 4 p.m., petition: vol. 31–34). in drinking water, is safe to broiler Monday through Friday. 15. Dutta, S. N., Clinical review and chickens and to the people consuming 1. Garret, R. H. and C. M. Grisham, evaluation of NDA 018312 (Organon the broiler chickens’ edible meat ‘‘The Vitamin D Group,’’ in USA, Inc.’s CALDEROL brand of 25-OH products; and (3) an expert panel also Biochemistry, 2d ed., Saunders College D3), 1979. concluded that the available Publishing, New York, NY, pp. 604–605, 16. GRASP 2449, Amendment C– information supports a GRAS 1999. 0028: Human Food Safety of the Use of classification for 25-OH D3 when 2. Ameenuddin, S., M. L. Sunde, E. 25-OH D3 in Broiler Feed, February supplied as a source of vitamin D M. Cook, World’s Poultry Science 1999. activity in broiler feed at the intended Journal, vol. 41, pp. 52–63, 1985 17. FDA Center for Veterinary level of use of 69 µg/kg of feed. (available in the petition: vol. 17, pp. Medicine, Guideline for Industry #3: The evaluation was based on the same 4463–4474). ‘‘General Principles for Evaluating the type and quality of data as would be 3. National Research Council, Safety of Compounds Used in Food- required to obtain FDA approval of 25- ‘‘Vitamins,’’ p. 15, and ‘‘Nutrient Producing Animals,’’ Part 4: ‘‘Guideline OH D3 for use as a food additive. In Requirements of Chickens,’’ pp. 19–34, for Establishing a Safe Concentration,’’ addition, the majority of the data is in Nutrient Requirements of Poultry, 9th 1994. published, and there is a consensus ed., National Academy Press, 18. GRASP 2449, Amendment C– among qualified experts, based on the Washington, DC, 1994. 0029: Safety of the Use of Erythrosin in data, that this intended use of the 4. Ward, N. E., Journal of Applied the 25-OH D3 Final Product, May 1999. substance is safe. Corroborating Poultry Research, vol. 2, pp. 286–296, List of Subjects in 21 CFR Part 584 evidence has shown that 25-OH D3 is a 1993 (available in the petition: vol. 19, normal metabolite of vitamin D3 and the pp. 5619–5629). Animal feeds, Food additives. principal circulating form of vitamin D3 5. GRASP 2449, Amendment C–0032: I Therefore, under the Federal Food, in mammals and birds. In addition, the ‘‘Safety of 25-OH D3 to Consumers,’’ Drug, and Cosmetic Act and under petitioner provided testimony of a (testimony of Dr. Hector De Luca), authority delegated to the Commissioner world-renowned expert on vitamin D November 1999. of Food and Drugs, and redelegated to

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the Center for Veterinary Medicine, 21 DEPARTMENT OF VETERANS authority that has been provided to the CFR part 584 is amended as follows: AFFAIRS Veterans Health Administration and the Veterans Benefits Administration. The PART 584-FOOD SUBSTANCES 38 CFR Part 2 Under Secretary for Memorial Affairs AFFIRMED AS GENERALLY RIN 2900–AM18 will notify the Secretary when making RECOGNIZED AS SAFE IN FEED AND decisions to accept or decline gifts and DRINKING WATER OF ANIMALS Delegations of Authority—National donations of offers that are unique, I 1. The authority citation for 21 CFR Cemetery Administration unusual or substantial in nature, or that part 584 continues to read as follows: may be of public interest because of the AGENCY: Department of Veterans Affairs. subject of the offer or identity of the Authority: 21 U.S.C. 321, 342, 348, 371. ACTION: Final rule. donor. The authority to accept land will I 2. Section 584.725 is added to subpart remain with the Secretary. The Under SUMMARY: This final rule amends the B to read as follows: Secretary for Memorial Affairs will Department of Veterans Affairs (VA) continue to refer all offers of land to the § 584.725 25–Hydroxyvitamin D3. regulation, ‘‘Secretary’s delegations of Secretary, with supporting information authority to certain officials.’’ The (a) Product. 25–Hydroxyvitamin D3 and a recommendation for action. (9,10-secocholesta-5,7,10(19)-triene-3b, amendment updates the regulation This rule revises paragraph (f)(3) to 38 25-diol). governing certain delegations of CFR 2.6 by removing the reference ‘‘[t]o (b) Conditions of use. This substance authority exercised by the Under accept donations of a minor nature, is generally recognized as safe as a Secretary for Memorial Affairs. This such as, individual trees for planting in minor technical amendment provides source of vitamin D3 activity in feed or burial areas and privately purchased drinking water of broiler chickens when delegation of authority from the grave markers’’ and adding ‘‘[t]o accept used in accordance with the limitations Secretary of Veterans Affairs to the all donations, except offers of land, in paragraph (c) of this section. Under Secretary for Memorial Affairs to made in any manner, for the accept monetary and/or non-monetary (c) Limitations. (1) Not to exceed 69 beautification or benefit of national gifts and donations, made in any parts per billion (ppb) in feed or 34.5 cemeteries.’’ manner, which are made for the purpose ppb in drinking water. It shall be used of beautifying or benefiting national Administrative Procedure Act in accordance with good manufacturing cemeteries. The authority to accept and feeding practices. This final rule states rules of agency offers of land will remain with the (2) The product must comply with the procedure or practice and is therefore Secretary of Veterans Affairs. following specifications: exempt from the notice and public (i) Not less than 94.0 percent 25- DATES: Effective Date: March 16, 2007. comment procedures of 5 U.S.C. 553(b). Further, this final rule is not a hydroxyvitamin D3. FOR FURTHER INFORMATION CONTACT: (ii) Not more than 1 percent of any Patrick Hallinan, Deputy Director, substantive rule and, consequently, the individual sterol. Office of Field Programs (41A), National delayed effective date provisions of 5 U.S.C. 553(d) are not applicable. (iii) Not more than 5 percent water. Cemetery Administration, Department (iv) Not more than 20 parts per of Veterans Affairs, 810 Vermont Unfunded Mandates Avenue, NW., Washington, DC 20420; million (ppm) lead. The Unfunded Mandates Reform Act telephone: (202) 273–5229 (this is not a (v) Not more than 20 ppm aluminum. of 1995 requires, at 2 U.S.C. 1532, that toll-free number). (vi) Not more than 1.0 percent agencies prepare an assessment of solvents and non-detectable levels of 2’, SUPPLEMENTARY INFORMATION: The anticipated costs and benefits before 4’, 5’, 7’-tetraiodofluorescin. provisions of 38 U.S.C. 2407 authorize issuing any rule that may result in an (3) Product labeling shall bear the the Secretary to ‘‘accept gifts, devises, or expenditure by State, local, or tribal following: bequests from legitimate societies and governments, in the aggregate, or by the organizations or reputable individuals, private sector, of $100 million or more (i) A statement to indicate that the made in any manner, which are made (adjusted annually for inflation) in any maximum use level of 25- for the purpose of beautifying national given year. This rule would have no hydroxyvitamin D3 must not exceed 69 cemeteries, or are determined to be such effect on State, local, or tribal ppb in feed or 34.5 ppb in drinking beneficial to such cemetery.’’ Currently, governments, or the private sector. water. under 38 CFR 2.6(f)(3), the Secretary has delegated authority to the Under Paperwork Reduction Act (ii) Adequate use directions to ensure Secretary for Memorial Affairs ‘‘[t]o This document contains no provisions that 25-hydroxyvitamin D3 (and all accept donations of a minor nature, constituting a collection of information premixes) is uniformly blended such as, individual trees for planting in under the Paperwork Reduction Act (44 throughout the feed or drinking water. burial areas and privately purchased U.S.C. 3501–3521). grave markers.’’ (Emphasis added) The (iii) An expiration date on all premix Executive Order 12866 labeling. current regulatory language no longer (iv) A statement on all premix reflects the needs of the agency since Executive Order 12866 directs labeling (feed and drinking water forms) the National Cemetery Administration agencies to assess all costs and benefits frequently receives offers for donations of available regulatory alternatives and, that 25-hydroxyvitamin D3 should not be used simultaneously in both feed and that may be perceived as more than when regulation is necessary, to select water. ‘‘minor in nature.’’ Such offers have regulatory approaches that maximize included heavy equipment, rose net benefits (including potential Dated: March 1, 2007. gardens, cash, and electric vehicles. economic, environmental, public health Stephen F. Sundlof, Providing authority to the National and safety, and other advantages; Director, Center for Veterinary Medicine. Cemetery Administration to accept distributive impacts; and equity). The [FR Doc. E7–4796 Filed 3–15–07; 8:45 am] donations, regardless of monetary value, Executive Order classifies a ‘‘significant BILLING CODE 4160–01–S would be commensurate with the regulatory action,’’ requiring review by

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the Office of Management and Budget I 2. Section 2.6 is amended by revising Authority: 18 U.S.C. 13, 3061; 21 U.S.C. (OMB) unless OMB waives such review, paragraph (f)(3) to read as follows. 802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7), as any regulatory action that is likely to 1201(2). result in a rule that may: (1) Have an § 2.6. Secretary’s delegations of authority I 2. In § 232.1, paragraph (l) is revised to certain officials (38 U.S.C. 512). annual effect on the economy of $100 to read as follows: * * * * * million or more or adversely affect in a § 232.1 Conduct on postal property. material way the economy, a sector of (f) * * * the economy, productivity, competition, (3) To accept donations, except offers * * * * * jobs, the environment, public health or of land, made in any manner, for the (l) Weapons and explosives. safety, or State, local, or tribal beautification or benefit of national Notwithstanding the provisions of any governments or communities; (2) create cemeteries. other law, rule or regulation, no person a serious inconsistency or otherwise * * * * * while on postal property may carry interfere with an action taken or firearms, other dangerous or deadly [FR Doc. E7–4826 Filed 3–15–07; 8:45 am] weapons, or explosives, either openly or planned by another agency; (3) BILLING CODE 8320–01–P materially alter the budgetary impact of concealed, or store the same on postal entitlements, grants, user fees, or loan property, except for official purposes. * * * * * programs or the rights and obligations of POSTAL SERVICE recipients thereof; or (4) raise novel Stanley F. Mires, legal or policy issues arising out of legal 39 CFR Part 232 Chief Counsel, Legislative. mandates, the President’s priorities, or [FR Doc. E7–4803 Filed 3–15–07; 8:45 am] the principles set forth in the Executive Conduct on Postal Property; Weapons Order. Prohibition BILLING CODE 7710–12–P The economic, interagency, AGENCY: Postal Service. budgetary, legal, and policy ACTION: ENVIRONMENTAL PROTECTION implications of this final rule have been Final rule. AGENCY examined and it has been determined SUMMARY: The U.S. Postal Service is not to be a significant regulatory action amending the rules for conduct on 40 CFR Part 52 under Executive Order 12866. Postal Service property to clarify the [EPA–R05–OAR–2006–0542; FRL–8285–3] Regulatory Flexibility Act prohibition of carrying or storing on Postal Service property any firearms or Approval and Promulgation of Air The Secretary of Veterans Affairs other dangerous weapons, or deadly Quality Implementation Plans; hereby certifies that this final rule will weapons or explosives, except for Wisconsin; Cook Composites and not have a significant economic impact official purposes. Polymers Company on a substantial number of small entities DATES: Effective March 16, 2007. as they are defined in the Regulatory AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Flexibility Act, 5 U.S.C. 601–612. This Lawrence Katz, Inspector in Charge, Agency (EPA). final rule would not directly impact any Office of Counsel, U.S. Postal Inspection ACTION: Direct final rule. small entities or individuals. Therefore, Service, 202–268–7732. pursuant to 5 U.S.C. 605(b), this final SUMMARY: The EPA is approving rule is exempt from the initial and final SUPPLEMENTARY INFORMATION: The Wisconsin’s April 25, 2006, submittal of regulatory flexibility analysis amendment to the prohibition of a source specific revision to revise its requirements of sections 603–604. carrying, either openly or concealed, or State Implementation Plan (SIP) for the storing any firearms, other dangerous or control of volatile organic compounds. Catalog of Federal Domestic Assistance deadly weapons or explosives on Postal The revision consists of language The Catalog of Federal Domestic Service property is to clarify the rule, contained in an Administrative Assistance numbers for the programs ensuring that these items are only Decision, dated February 24, 2005, affected by this final rule are 64.201 and possessed for official purposes. This approving an equivalent control system 64.202. change would eliminate potential to meet reasonably available control conflicts with other laws, rules or technology (RACT) emission control List of Subjects in 38 CFR Part 2 regulations which may allow the requirements for Cook Composites and Authority delegations (Government possession of these articles for other Polymers Company located in Saukville, agencies), Veterans Affairs Department. than official purposes. Wisconsin, in Ozaukee County. Approved: March 2, 2007. List of Subjects in 39 CFR Part 232 DATES: This direct final rule will be effective May 15, 2007, unless EPA Gordon H. Mansfield, Authority delegations (Government receives adverse comments by April 16, agencies), Crime, Federal buildings and Deputy Secretary of Veterans Affairs. 2007. If adverse comments are received, facilities, Government property, Law I For the reasons set forth in the EPA will publish a timely withdrawal of enforcement officers, Postal Service, preamble, 38 CFR part 2 is amended as the direct final rule in the Federal Security measures. follows: Register informing the public that the I In view of the considerations rule will not take effect. discussed above, the Postal Service PART 2—DELEGATIONS OF ADDRESSES: Submit your comments, adopts the following amendment to 39 AUTHORITY identified by Docket ID No. EPA–R05– CFR part 232. I 1. The authority citation for part 2 OAR–2006–0542, by one of the continues to read as follows: PART 232—CONDUCT ON POSTAL following methods: PROPERTY 1. www.regulations.gov: Follow the Authority: 5 U.S.C. 302, 552a; 38 U.S.C. on-line instructions for submitting 501, 512, 515, 1729, 1729A, 5711; 44 U.S.C. I 1. The authority citation for part 232 comments. 3702, unless otherwise noted. continues to read as follows: 2. E-mail: [email protected].

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3. Fax: (312) 886–5824. available docket materials are available Applicability of Wisconsin Rule NR 4. Mail: John M. Mooney, Chief, either electronically in 412.05 Criteria Pollutant Section, Air Programs www.regulations.gov or in hard copy at In chapter NR 421 of Wisconsin Branch (AR–18J), U.S. Environmental the Environmental Protection Agency, Administrative Code, section NR Protection Agency, 77 West Jackson Region 5, Air and Radiation Division, 77 421.05, this VOC RACT requirement Boulevard, Chicago, Illinois 60604. West Jackson Boulevard, Chicago, specifically applies to the control of 5. Hand Delivery: John M. Mooney, Illinois 60604. This facility is open from Chief, Criteria Pollutant Section, Air VOC emissions from ‘‘reaction tanks, 8:30 a.m. to 4:30 p.m., Monday through thinning tanks, blending tanks and other Programs Branch (AR–18J), U.S. Friday, excluding legal holidays. We Environmental Protection Agency, 77 process vessels used in any synthetic recommend that you telephone Charles resin manufacturing facility.’’ The West Jackson Boulevard, Chicago, Hatten, Environmental Engineer, at Illinois 60604. Such deliveries are only RACT rule prescribes the use of a (312) 886–6031 before visiting the surface condenser system for control of accepted during the Regional Office Region 5 office. normal hours of operation, and special VOC emissions, but also allows for the arrangements should be made for FOR FURTHER INFORMATION CONTACT: use of an alternative control technology. deliveries of boxed information. The Charles Hatten, Environmental The rule establishes a procedure for the Regional Office official hours of Engineer, Criteria Pollutant Section, Air State and EPA approval of alternative business are Monday through Friday, Programs Branch (AR–18J), control technology. Section NR 8:30 a.m. to 4:30 p.m. excluding Federal Environmental Protection Agency, 421.05(2)(a) states, ‘‘any equally holidays. Region 5, 77 West Jackson Boulevard, effective control method or equivalent Instructions: Direct your comments to Chicago, Illinois 60604, (312) 886–6031, system approved by the department Docket ID No. EPA–R05–OAR–2006– [email protected]. under this paragraph shall be submitted 0542. EPA’s policy is that all comments to, and will not become effective for SUPPLEMENTARY INFORMATION: received will be included in the public federal purposes until approved by, the Throughout this document whenever docket without change and may be administrator or designee as a source- ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean made available online at specific revision to the department’s EPA. This supplementary information www.regulations.gov, including any state implementation plan for ozone. section is arranged as follows: personal information provided, unless The emission control system shall be the comment includes information I. General Information one of the following: claimed to be Confidential Business II. Review of Wisconsin’s Plan 1. A surface condenser, or equally Information (CBI) or other information III. What Change is Wisconsin Requesting? effective control device approved by the whose disclosure is restricted by statute. IV. Why is the Request Approvable? department, and a vapor recovery or Do not submit information that you V. What Action is EPA Taking Today? control system that reduces emissions consider to be CBI or otherwise VI. Statutory and Executive Order Reviews from the surface condenser or equally protected through www.regulations.gov I. General Information effective device by 85%. or e-mail. The www.regulations.gov 2. An equivalent system or approach Web site is an ‘‘anonymous access’’ This rulemaking applies to Cook demonstrated to reliably control system, which means EPA will not Composites and Polymers Company emissions from a process that does not know your identity or contact located in Saukville, Wisconsin, in include a condenser by not less than information unless you provide it in the Ozaukee County, and the control of 90% as approved by the department.’’ body of your comment. If you send an volatile organic compounds (VOC) III. What Change Is Wisconsin e-mail comment directly to EPA without emissions from its synthetic resin Requesting? going through www.regulations.gov your manufacturing operations. The revision e-mail address will be automatically consists of language contained in a On April 25, 2006, Wisconsin captured and included as part of the Administrative Decision (AM–05–200), submitted to EPA a source specific SIP comment that is placed in the public dated February 24, 2005, approving the revision in the form of an docket and made available on the use of a high efficiency thermal oxidizer Administrative Decision (AM–05–200) Internet. If you submit an electronic as an equivalent control system to meet requesting approval to establish VOC comment, EPA recommends that you VOC reasonably available control RACT requirements for Cook include your name and other contact technology (RACT) emission control Composites and Polymers Company, information in the body of your requirements in section NR applicable to its synthetic resin comment and with any disk or CD–ROM 412.05(2)(a)(2) of the Wisconsin manufacturing facility. Because Cook you submit. If EPA cannot read your Administrative Code. Composites and Polymers Company comment due to technical difficulties installed a thermal oxidizer instead of a and cannot contact you for clarification, II. Review of Wisconsin’s Plan surface condenser system as an EPA may not be able to consider your Wisconsin’s Current SIP emission control system, section NR comment. Electronic files should avoid 421.05(2)(a) requires Wisconsin to the use of special characters, any form On August 15, 1994, EPA approved submit a request to EPA to approve the of encryption, and be free of any defects rule NR 421.05 of the Wisconsin use of the thermal oxidizer as a source or viruses. Administrative Code, as a VOC RACT specific revision to Wisconsin’s SIP. Docket: All documents in the docket requirement to control emissions from The VOC RACT requirement in section are listed in the www.regulations.gov synthetic resin manufacturing facilities. NR 421.05(2)(a)(2) requires an index. Although listed in the index, See Federal Register 59 FR 41709. ‘‘equivalent control system or approach some information is not publicly Under the existing federally-approved demonstrated to reliably control VOC available, e.g., CBI or other information SIP for Wisconsin, the requirements in emissions from a process that does not whose disclosure is restricted by statute. NR 421.05 apply to stationary sources include a condenser by not less than Certain other material, such as located in the counties of Kenosha, 90%.’’ The Administrative Decision copyrighted material, will be publicly Milwaukee, Ozaukee, Racine, (AM–05–200) includes a decision by the available only in hard copy. Publicly Washington and Waukesha. State of Wisconsin approving the use of

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a high-efficiency thermal oxidizer to VI. Statutory and Executive Order responsibilities among the various meet the VOC RACT emission control Reviews levels of government, as specified in Executive Order 13132 (64 FR 43255, requirement in section NR Executive Order 12866: Regulatory August 10, 1999). This action merely 421.05(2)(a)(2). Planning and Review approves a state rule implementing a IV. Why Is the Request Approvable? Under Executive Order 12866 (58 FR federal standard, and does not alter the 51735, October 4, 1993), this action is The findings of fact contained in the relationship or the distribution of power not a ‘‘significant regulatory action’’ and responsibilities established in the Administrative Decision (AM–05–200), and, therefore, is not subject to review Clean Air Act. along with a copy of the compliance by the Office of Management and emission test report, show that the Budget. Executive Order 13045: Protection of thermal oxidizer meets VOC RACT Children From Environmental Health emission control requirements Executive Order 13211: Actions That and Safety Risks contained in section NR 421.05(2)(a)(2). Significantly Affect Energy Supply, Distribution, or Use This rule also is not subject to The test to determine the thermal Executive Order 13045 ‘‘Protection of oxidizer’s VOC destruction and removal Because it is not a ‘‘significant Children from Environmental Health efficiency demonstrated an average VOC regulatory action’’ under Executive Risks and Safety Risks’’ (62 FR 19885, destruction and removal efficiency of Order 12866 or a ‘‘significant energy April 23, 1997), because it is not 99.7%, well within the parameters of action,’’ this action is also not subject to economically significant. ‘‘an equivalent system or approach Executive Order 13211, ‘‘Actions demonstrated to reliably control Concerning Regulations That National Technology Transfer emissions from a process that does not Significantly Affect Energy Supply, Advancement Act include a condenser by not less than Distribution, or Use’’ (66 FR 28355, May In reviewing SIP submissions, EPA’s 90%.’’ 22, 2001). role is to approve state choices, provided that they meet the criteria of V. What Action Is EPA Taking Today? Regulatory Flexibility Act the Clean Air Act. In this context, in the This action merely approves state law absence of a prior existing requirement Based on the rationale set forth above, as meeting Federal requirements and for the state to use voluntary consensus EPA is approving the revision to the imposes no additional requirements standards (VCS), EPA has no authority Wisconsin SIP regarding Administrative beyond those imposed by state law. to disapprove a SIP submission for Decision (AM–05–200), concerning Accordingly, the Administrator certifies failure to use VCS. It would thus be Cook Composites and Polymers that this rule will not have a significant inconsistent with applicable law for Company (synthetic resin economic impact on a substantial EPA, when it reviews a SIP submission, manufacturing facility) and its use of a number of small entities under the to use VCS in place of a SIP submission high-efficiency thermal oxidizer to be an Regulatory Flexibility Act (5 U.S.C. 601 that otherwise satisfies the provisions of et seq.). equivalent control system or approach the Clean Air Act. Thus, the to meet VOC RACT emission control Unfunded Mandates Reform Act requirements of section 12(d) of the requirements contained in section NR National Technology Transfer and 421.05(2)(a)(2). Because this rule approves pre- existing requirements under state law Advancement Act of 1995 (15 U.S.C. We are publishing this action without and does not impose any additional 272 note) do not apply. prior proposal because we view this as enforceable duty beyond that required Paperwork Reduction Act a noncontroversial amendment and by state law, it does not contain any anticipate no adverse comments. unfunded mandate or significantly or This rule does not impose an However, in the proposed rules section uniquely affect small governments, as information collection burden under the of this Federal Register publication, we described in the Unfunded Mandates provisions of the Paperwork Reduction are publishing a separate document that Reform Act of 1995 (Pub. L. 104–4). Act of 1995 (44 U.S.C. 3501 et seq.). will serve as the proposal to approve the Executive Order 13175: Consultation Congressional Review Act state plan if relevant adverse written and Coordination With Indian Tribal comments are filed. This rule will be The Congressional Review Act, 5 Governments effective May 15, 2007 without further U.S.C. 801 et seq., as added by the Small notice unless we receive relevant This rule also does not have tribal Business Regulatory Enforcement adverse written comments by April 16, implications because it will not have a Fairness Act of 1996, generally provides 2007. If we receive such comments, we substantial direct effect on one or more that before a rule may take effect, the agency promulgating the rule must will withdraw this action before the Indian tribes, on the relationship submit a rule report, which includes a effective date by publishing a between the Federal Government and copy of the rule, to each House of the subsequent document that will Indian tribes, or on the distribution of power and responsibilities between the Congress and to the Comptroller General withdraw the final action. All public Federal Government and Indian tribes, of the United States. EPA will submit a comments received will then be as specified by Executive Order 13175 report containing this rule and other addressed in a subsequent final rule (59 FR 22951, November 9, 2000). required information to the U.S. Senate, based on the proposed action. The EPA the U.S. House of Representatives, and will not institute a second comment Executive Order 13132: Federalism the Comptroller General of the United period. Any parties interested in This action also does not have States prior to publication of the rule in commenting on this action should do so Federalism implications because it does the Federal Register. A major rule at this time. If we do not receive any not have substantial direct effects on the cannot take effect until 60 days after it comments, this action will be effective states, on the relationship between the is published in the Federal Register. May 15, 2007. national government and the states, or This action is not a ‘‘major rule’’ as on the distribution of power and defined by 5 U.S.C. section 804(2).

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Under section 307(b)(1) of the Clean Saukville, Wisconsin, in Ozaukee www.regulations.gov, including any Air Act, petitions for judicial review of County. personal information provided, unless this action must be filed in the United [FR Doc. E7–4771 Filed 3–15–07; 8:45 am] the comment includes information States Court of Appeals for the BILLING CODE 6560–50–P claimed to be Confidential Business appropriate circuit by May 15, 2007. Information (CBI) or claimed to be other Filing a petition for reconsideration by information whose disclosure is the Administrator of this final rule does ENVIRONMENTAL PROTECTION restricted by statute. Do not submit not affect the finality of this rule for the AGENCY information that you consider to be CBI purposes of judicial review nor does it or otherwise protected through extend the time within which a petition 40 CFR Part 271 www.regulations.gov or e-mail. The for judicial review may be filed, and [EPA–R01–RCRA–2007–0135; FRL–8287–8] www.regulations.gov Web site is an shall not postpone the effectiveness of ‘‘anonymous access’’ system, which such rule or action. This action may not Vermont: Final Authorization of State means EPA will not know your identity be challenged later in proceedings to Hazardous Waste Management or contact information unless you enforce its requirements. (See section Program Revisions provide it in the body of your comment. 307(b)(2).) If you send an e-mail comment directly AGENCY: Environmental Protection to EPA without going through List of Subjects in 40 CFR Part 52 Agency (EPA). www.regulations.gov, your e-mail Environmental protection, Air ACTION: Immediate final rule. address will be automatically captured pollution control, Reporting and SUMMARY: The State of Vermont has and included as part of the comment recordkeeping requirements, Ozone, and applied to EPA for final authorization of that is placed in the public docket and Volatile organic compounds. certain changes to its hazardous waste made available on the Internet. If you Dated: February 27, 2007. program under the Resource submit an electronic comment, EPA Steve Rothblatt, Conservation and Recovery Act (RCRA). recommends that you include your Acting Regional Administrator, Region 5. EPA has determined that these changes name and other contact information in the body of your comment and with any I For the reasons stated in the preamble, satisfy all requirements needed to disk or CD–ROM you submit. If EPA part 52, chapter I, of title 40 of the Code qualify for final authorization, and is cannot read your comment due to of Federal Regulations is amended as authorizing the State’s changes through technical difficulties and cannot contact follows: this immediate final action. you for clarification, EPA may not be DATES: This final authorization will able to consider your comment. PART 52—[AMENDED] become effective on May 15, 2007 Electronic files should avoid the use of unless EPA receives adverse written I 1. The authority citation for part 52 special characters, any form of comment by April 16, 2007. If EPA continues to read as follows: encryption, and be free of any defects or receives such comment, it will publish viruses. For additional information Authority: 42 U.S.C. 7401 et seq. a timely withdrawal of this immediate about EPA’s public docket visit the EPA final rule in the Federal Register and Subpart YY—Wisconsin Docket Center homepage at http:// inform the public that this authorization www.epa.gov/epahome/dockets.htm. I will not take immediate effect. 2. Section 52.2570 is amended by Docket: EPA has established a docket adding paragraph (c)(115) to read as ADDRESSES: Submit your comments, for this action under Docket ID No. follows: identified by Docket ID No. EPA–R01– EPA–R01–RCRA–2007–0135. All RCRA–2007–0135, by one of the § 52.2570 Identification of plan. documents in the docket are listed on following methods: the www.regulations.gov Web site. * * * * * • www.regulations.gov: Follow the Although it may be listed in the index, (c) * * * on-line instructions for submitting (115) On April 25, 2006, Wisconsin some information might not be publicly comments. available, e.g., CBI or other information submitted source specific SIP revision • E-mail: [email protected] to revise its State Implementation Plan • Fax: (617) 918–0647, to the whose disclosure is restricted by statute. (SIP) for the control of volatile organic attention of Sharon Leitch Certain other material, such as compounds (VOC) from synthetic resin • Mail: Sharon Leitch, Hazardous copyrighted material, is not placed on manufacturing operations. The revision Waste Unit, EPA Region 1, One the Internet and will be publicly consists of language contained in an Congress Street, Suite 1100 (CHW), available only in hard copy form. Administrative Decision (AM–05–200), Boston, MA 02114–2023 Publicly available docket materials are dated February 24, 2005, approving the • Hand Delivery or Courier: Deliver available either electronically through use of a high efficiency thermal oxidizer your comments to: Sharon Leitch, www.regulations.gov or in hard copy at as an equivalent control system or Hazardous Waste Unit, Office of the following two locations: approach to meet VOC RACT emission Ecosystem Protection, EPA Region 1, aves\rules.xml(i) EPA Region 1 Library, control requirements for Cook One Congress Street, 11th Floor, (CHW), One Congress Street–11th Floor, Boston, Composites and Polymers Company Boston, MA 02114–2023. Such MA 02114–2023; by appointment only; located in Saukville, Wisconsin, in deliveries are only accepted during the tel: (617) 918–1990; and (ii) Agency of Ozaukee County. Office’s normal hours of operation, and Natural Resources, 103 South Main (i) Incorporation by reference. special arrangements should be made Street–West Office Building, Waterbury, (A) The Administrative Decision for deliveries of boxed information. Vermont, 05671–0404; Business Hours: (AM–05–200), dated February 24, 2005, Instructions: Identify your comments 7:45 AM to 4:30 PM, Monday through issued by the Wisconsin Department of as relating to Docket ID No. EPA–R01– Friday; tel: (802) 241–3888. Natural Resources, establishes VOC RCRA–2007–0135. EPA’s policy is that FOR FURTHER INFORMATION CONTACT: RACT for Cook Composites and all comments received will be included Sharon Leitch, Hazardous Waste Unit, Polymers Company synthetic resin in the public docket without change and EPA Region 1, One Congress Street, manufacturing facility located in may be made available online at Suite 1100 (CHW), Boston, MA 02114–

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2023, telephone number: (617) 918– 7003, which includes, among others, certain revisions to Vermont’s program 1647; fax number: (617) 918–0647, e- authority to: on May 3, 1993 (58 FR 26242) and mail address: [email protected]. • Perform inspections, and require reopened the comment period for these SUPPLEMENTARY INFORMATION: monitoring, tests, analyses or reports revisions on June 7, 1993 (58 FR 31911). • Enforce RCRA requirements and This authorization became effective A. Why Are Revisions to State suspend or revoke permits August 6, 1993 (58 FR 31911). The Programs Necessary? • Take enforcement actions Region granted authorization for further States which have received final This action does not impose revisions to Vermont’s program on authorization from EPA under RCRA additional requirements on the September 24, 1999 (64 FR 51702), section 3006(b), 42 U.S.C. 6926(b), must regulated community because the effective November 23, 1999. On maintain a hazardous waste program regulations for which Vermont is being October 18, 1999 (64 FR 46174) the that is equivalent to, consistent with, authorized by today’s action are already Region published a correction to the and no less stringent than the Federal effective under state law, and are not immediate final rule that was published program. As the Federal program changed by today’s action. on September 24, 1999. The Region changes, States must change their D. Why Wasn’t There a Proposed Rule granted authorization for further programs and ask EPA to authorize the Before Today’s Rule? revisions to Vermont’s program on changes. Changes to State programs may October 26, 2000, effective December be necessary when Federal or State EPA did not publish a proposal before 26, 2000 (65 FR 64164). That Federal statutory or regulatory authority is today’s rule because we view this as a Register also made a technical modified or when certain other changes routine program change and do not correction. On June 23, 2005 (70 FR occur. Most commonly, States must expect adverse comments that oppose 36350) the Region published an change their programs because of this approval. We are providing an immediate final rule for additional changes to EPA’s regulations in 40 Code opportunity for public comment now. In revisions to Vermont’s program. This of Federal Regulations (CFR) parts 124, addition to this rule, in the proposed authorization became effective on 260 through 266, 268, 270, 273 and 279. rules section of today’s Federal Register August 22, 2005. we are publishing a separate document B. What Decisions Have We Made in that proposes to authorize the State G. What Changes Are We Authorizing This Rule? program changes. With Today’s Action? We have concluded that Vermont’s On January 31, 2007, Vermont E. What Happens if EPA Receives application to revise its authorized submitted a final complete program program meets all of the statutory and Comments That Oppose This Action? revision application, seeking regulatory requirements established by If EPA receives comments that oppose authorization for their changes in RCRA. Therefore, we grant Vermont this authorization, we will withdraw accordance with 40 CFR 271.21. In final authorization to operate its this rule by publishing a document in particular, Vermont is seeking hazardous waste program with the the Federal Register before the rule authorization for updated State changes described in the authorization becomes effective. EPA will base any regulations addressing federal application. Vermont has responsibility further decision on the authorization of requirements added from July 1, 2003 for permitting Treatment, Storage, and the State program changes on the through June 30, 2005, plus federal Disposal Facilities (TSDFs) within its proposal mentioned in the previous manifest rule changes, and the federal borders and for carrying out the aspects paragraph. We will then address all dyes and pigments listing, which took of the RCRA program covered by its public comments in a later final rule effect after June 30, 2005. Vermont is revised program application, subject to based upon this proposed rule that also also seeking authorization for various the limitations of the Hazardous and appears in today’s Federal Register. You changes it recently has made to its base Solid Waste Amendments of 1984 may not have another opportunity to program regulations. Finally, Vermont is (HSWA). New Federal requirements and comment. If you want to comment on seeking authorization for an additional prohibitions imposed by Federal this authorization, you should do so at extension of the special regulations regulations that EPA promulgates under this time. governing the New England the authority of HSWA take effect in If we receive adverse comments that Universities’ Laboratories XL project. authorized States before they are oppose only the authorization of a We are now making an immediate authorized for the requirements. Thus, particular change to the State hazardous final decision, subject to reconsideration EPA will implement any such waste program, we will withdraw that only if we receive written comments requirements and prohibitions in part of this rule but the authorization of that oppose this action, that Vermont’s Vermont, including issuing permits, the program changes that the comments hazardous waste program revisions until the State is granted authorization do not oppose will become effective on satisfy all of the requirements necessary to do so. the date specified above. The Federal to qualify for final authorization. Register withdrawal document will Therefore, we grant Vermont final C. What Is the Effect of Today’s specify which part of the authorization authorization for the following program Authorization Decision? will become effective, and which part is changes. First, we are authorizing State The effect of this decision is that a being withdrawn. regulations that track federal regulations facility in Vermont subject to RCRA will adopted since July 1, 2003, as follows now have to comply with the authorized F. What Has Vermont Previously Been (the Federal Citation is followed by the State requirements instead of the Authorized for? analog from chapter 7 of the Vermont equivalent Federal requirements in The State of Vermont initially Environmental Protection Rules order to comply with RCRA. Vermont received final authorization on January (Hazardous Waste Management has enforcement responsibilities under 7, 1985, with an effective date of Regulations), effective October 15, its State hazardous waste program for January 21, 1985 (50 FR 775) to 2006): Federal: Recycled Used Oil violations of such program, but EPA implement the RCRA hazardous waste Management Standards-Revisions [68 also retains its full authority under management program. The Region FR 44659, 7/30/03] (Checklist 203)— RCRA sections 3007, 3008, 3013, and published an immediate final rule for State: 7–805(d) and sections 7–809(c)(1)

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and (c)(2)(A) through (C); Federal: Incorporation by reference, 7–219(c); Project. The current extension of the National Environmental Performance Federal: Generator manifest expiration date also should be Track Program and Corrections [69 FR requirements, 40 CFR 262.20—State: accompanied by an updated Final 21737, 4/22/04, and 69 FR 62217, Clarification, 7–304(c); Federal, Project Agreement (FPA) for this XL 10/25/04] (Checklist 204)—State: 7– generator emergency response, 40 CFR Project. We anticipate that the FPA will 308(b)(2)(D); Federal: Nonwastewaters 262.34(a)(4), incorporating 40 CFR part be updated (for this interstate Vermont- from Dyes and Pigments and 265, Subpart D, and 40 CFR 262.34(d)— Massachusetts project) by the time that Corrections [70 FR 9138, 2/24/05 and 70 State: Clarification, 7–307(c)(10), 7– the EPA authorizes the Commonwealth FR 35032, 6/16/05] (Checklist 206)— 308(b)(2)(D), and 7–308(b)(11); Federal: of Massachusetts for changes it will be State: 7–106, Appendix I , Appendix II, Generator tank system closure, 40 CFR making to its hazardous waste program and Appendix IX; and, Federal: Uniform 262.34(a)(1)(ii), incorporating 40 CFR regulations. EPA expects that this will Hazardous Waste Manifest Rule and part 265, subpart J—State: Revised 7– occur in the spring of 2007. Corrections [70 FR 10776, 3/4/05 and 70 309(c); Federal, transporter transfer The final authorization of new State FR 35034, 6/16/05] (Checklist 207)— facility requirements, 40 CFR 263.12— regulations and regulation changes is in State: 7–103; 7–109(b)(3); 7–203(j); 7– State, added and more stringent, 7–404– addition to the previous authorization of 203(j)(1)(B) and (C); 7–309(b)(1)(C); 7– (c)(3); Federal: State authorization for State regulations, which remain part of 309(b)(8); 7–504(e)(1); 7–510(c)(1); 7– consolidation of CESQG waste at certain the authorized program. 702(a)(1); 7–702(b)(3); 7–702(b)(3)(A) small and large quantity generators, H. Where Are the Revised State Rules and (B); 7–703(a); 7–703(b)(6) and (7); 261.5(g)(3)(iii)—State: Clarification, 7– Different From the Federal Rules? 7–704(a); 7–704(b); 7–704(b)(1), ( 2), (3), 502(q); and, additional requirements (6) and (7); 7–704(c), (d) and (f); 7– regarding 40 CFR parts 260–279—State: The most significant differences between the State rules being authorized 704(g)(1); 7–704(g)(1)(A), (B) and (C); 7– Allowance for the State to impose and the Federal rules are summarized 704(g)(2), (3), and (4); 7–704(h); 7– additional requirements on a case by below. It should be noted that this 704(h)(1) through (7); 7–705(b)(7)(C) and case basis, 7–512. Note: Depending summary does not describe every (E); 7–705(c)(1) and (3); 7–706(b)(3), (4), upon the nature of the requirements, the difference, or every detail regarding the and (5); and, Appendix V. additional requirements may be more differences that are described. Members stringent than the federal program or In addition to the regulations listed of the regulated community are advised they may be broader in scope. above, there are various previously to read the complete regulations to authorized State program regulations to The State has also made changes to its ensure that they understand all of the which the State has made changes. The previously authorized Project XL requirements with which they will need EPA is also authorizing these changes. regulations. The EPA is also authorizing to comply. These changes are as follows: Federal: these changes. These changes are as 40 CFR part 260–279—State: (general follows: Federal: Extension of the 1. More Stringent Provisions update to incorporation by reference) 7– Project XL Site-specific Rulemaking for There are aspects of the Vermont 109(a); Federal: Regulation of materials University Laboratories, 40 CFR program which are more stringent than used in a manner constituting disposal, 262.108—State: 7–109(c); Federal: the Federal program. All of these more 40 CFR 261.2(c)(1)(i)—State: Revised Project XL requirements, 40 CFR stringent requirements are, or will and clarified, 7–204(a)(2)(A); Federal: 262.100–262.107—State: revised and become, part of the Federally Regulation of materials burned for clarified, 7–109(c). The Vermont Project enforceable RCRA program when energy recovery, 40 CFR 261.2(c)(2)(i)— XL regulations were originally authorized by the EPA and must be State: Revised and clarified, 7– authorized by the EPA and became part complied with in addition to the State 204(a)(2)(B); Federal: Exemption for of the Federally enforceable VT RCRA requirements which track the minimum certain commercial chemical products program on October 26, 2000. See 65 FR Federal requirements. These more applied to the land, 40 CFR 64164. Specifically, we are now stringent requirements include the 261.2(c)(1)(ii)—State: Added and authorizing an extension of following: (a) There is no State analog clarified, 7–204(k); Federal: Exemptions approximately two and a half years to to the Federal rule at 40 CFR 261.5(j) for commercial chemical products being April 15, 2009. EPA amended its because the State does not exempt reclaimed, 40 CFR 261.2(c)(3) and for Federal regulations to extend the conditionally exempt small quantity certain commercial chemical products expiration date of the XL Project from generators from the hazardous waste burned as fuels, 261.2(c)(2)(ii)—State: September 30, 2006 to a new date of regulations; (b) Vermont does not Added and clarified, 7–204(l); Federal: April 15, 2009. See 71 FR 35547. The include the exclusion for leachate or gas the definition of used oil, 40 CFR State has adopted an extension of six condensate generated at non-hazardous 279.1—State: Revised and clarified, 7– years to September 30, 2012. The EPA landfills which is derived from 103 and 7–802; Federal: Generator is only able to authorize the extension previously disposed and newly-listed requirements, 40 CFR 262.34—State: for two and a half years at this time, but hazardous wastes (40 CFR 261.4(b)(15)) Revised and clarified the generator could consider another Federal in their rules; (c) the State exemption at change in status notification extension should a longer one prove 7–203(p) for petroleum contaminated requirement, 7–104(c); Federal: Marking necessary. EPA believes an extension is media and debris includes additional requirements, 40 CFR 262.32 reflecting appropriate since it has recently conditions that are not included in the the hazardous waste determination at proposed a national set of alternative Federal exemption at 40 CFR 262.11—State: Clarification, 7–202; regulations for academic laboratories 261.4(b)(10); (d) Vermont is also more Federal: Exemption for certain (see 71 FR 29712, May 23, 2006) and, stringent by not adopting the following petroleum contaminated media and pending promulgation of a national rule, optional rule: NESHAPS—Surface debris, 261.4(b)(10)—State: Clarified the extension will allow the universities Coating of Automobiles and Light Duty and more stringent, 7–203(p) and added currently participating in the Labs XL Trucks, Checklist 205; and, (e) the State definition of media, 7–103; Federal: Project to continue to build upon the has revised its language regarding Representative sampling methods, 40 successes of the project and not have to commercial chemical product fuels in CFR 261 Appendix I—State: terminate their participation in the 7–204(a)(2), (k) and (l). The revised

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State exemption is equivalent to the J. What Is Codification and Is EPA required by RCRA. It would thus be combination of the Federal exemption Codifying Vermont’s Hazardous Waste inconsistent with applicable law for for commercial chemical product fuels Program as Authorized in This Rule? EPA, when it reviews a State being burned for energy recovery and Codification is the process of placing authorization application, to require the the Federal exemption for commercial the State’s statutes and regulations that use of any particular voluntary chemical products being reclaimed, in comprise the State’s authorized consensus standard in place of another 40 CFR 261.2(c)(2)(ii) and (c)(3), hazardous waste program into the Code standard that otherwise satisfies the respectively. However, Vermont does of Federal Regulations. We do this by requirements of RCRA. Thus, the not have the general exemption for referencing the authorized State rules in requirements of section 12(d) of the commercial chemical products being 40 CFR Part 272. We reserve the National Technology Transfer and reclaimed, but is adopting the amendment of 40 CFR Part 272, Subpart Advancement Act of 1995 (15 U.S.C. exemption for commercial chemical UU for this authorization of Vermont’s 272 note) do not apply. As required by products being reclaimed only when program until a later date. section 3 of Executive Order 12988 (61 they are reclaimed to produce fuels, e.g., F.R. 4729, February 7, 1996), in issuing when water is removed from an off-spec K. Administrative Requirements this rule, EPA has taken the necessary unused fuel so that it can be burned. The Office of Management and Budget steps to eliminate drafting errors and The State is more stringent in that it has exempted this action (RCRA State ambiguity, minimize potential litigation, attaches conditions to the exemption for Authorization) from the requirements of and provide a clear legal standard for certain commercial chemical products Executive Order 12866 (58 FR 51735, affected conduct. EPA has complied burned as fuels. October 4, 1993); therefore, this action with Executive Order 12630 (53 FR is not subject to review by OMB. This 8859, March 15, 1988) by examining the 2. Partially Broader in Scope Provisions action authorizes State requirements for takings implications of the rule in accordance with the ‘‘Attorney There are also aspects of the Vermont the purpose of RCRA 3006 and imposes General’s Supplemental Guidelines for program which are partially broader in no additional requirements beyond the Evaluation of Risk and Avoidance of scope than the Federal program. The those imposed by State law. Unanticipated Takings’’ issued under portion of the State requirements which Accordingly, I certify that this action the executive order. This rule does not are broader in scope are not considered will not have a significant economic impose an information collection to be part of the Federally enforceable impact on a substantial number of small burden under the provisions of the RCRA program. However, they are fully entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this Paperwork Reduction Act of 1995 (44 enforceable under State law and must be U.S.C. 3501 et seq.). complied with by sources in Vermont. action authorizes pre-existing The various changes Vermont has made requirements under State law and does The Congressional Review Act, 5 to its previously authorized base not impose any additional enforceable U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement program regulations include partially duty beyond that required by State law, Fairness Act of 1996, generally provides broader in scope provisions. These it does not contain any unfunded that before a rule may take effect, the provisions involve the State mandate or significantly or uniquely agency promulgating the rule must requirements for generator closure at 7– affect small governments, as described submit a rule report, which includes a 309(c). The State revised their in the Unfunded Mandates Reform Act copy of the rule, to each House of the requirements for generator closure with of 1995 (Pub. L. 104–4). This action will Congress and to the Comptroller General this update. The requirements are not have substantial direct effects on the of the United States. EPA will submit a partially broader in scope since they States, on the relationship between the national government and the States, or report containing this document and apply to all generator closures and not on the distribution of power and other required information to the U.S. just to closure of generator tanks responsibilities among the various Senate, the U.S. House of systems as is the case under the Federal levels of government, as specified in Representatives, and the Comptroller program. Executive Order 13132 (64 FR 43255, General of the United States prior to I. Who Handles Permits After the August 10, 1999), because it merely publication in the Federal Register. A Authorization Takes Effect? authorizes State requirements as part of major rule cannot take effect until 60 the State RCRA hazardous waste days after it is published in the Federal Vermont will issue permits for all the program without altering the Register. This action is not a ‘‘major provisions for which it is authorized relationship or the distribution of power rule’’ as defined by 5 U.S.C. 804(2). This and will administer the permits it and responsibilities established by action nevertheless will be effective 60 issues. EPA will continue to administer RCRA. This action also is not subject to days after it is published, because it is and enforce any RCRA and HSWA Executive Order 13045 (62 FR 19885, an immediate final rule. (Hazardous and Solid Waste Act) April 23, 1997), because it is not List of Subjects in 40 CFR Part 271 permits or portions of permits which it economically significant and it does not has issued in Vermont prior to the make decisions based on environmental Environmental protection, effective date of this authorization until health or safety risks. This rule is not Administrative practice and procedure, the State incorporates the terms and subject to Executive Order 13211, Confidential business information, conditions of the federal permits into ‘‘Actions Concerning Regulations That Hazardous waste, Hazardous waste the State RCRA permits. EPA will not Significantly Affect Energy Supply, transportation, Indian lands, issue any more new permits, or new Distribution, or Use’’ (66 FR 28355 (May Intergovernmental relations, Penalties, portions of permits, for the provisions 22, 2001)) because it is not a significant Reporting and recordkeeping listed in this notice above after the regulatory action under Executive Order requirements. effective date of this authorization. EPA 12866. Authority: This action is issued under the will continue to implement and issue Under RCRA 3006(b), EPA grants a authority of sections 2002(a), 3006 and permits for any HSWA requirements for State’s application for authorization as 7004(b) of the Solid Waste Disposal Act as which Vermont is not yet authorized. long as the State meets the criteria amended 42 U.S.C. 6912(a), 6926, 6974(b).

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Dated: March 1, 2007. D. Paperwork Reduction Act hours that the historic light station is Robert W. Varney, The Paperwork Reduction Act does open to the public. Regional Administrator, EPA New England. not apply because the changes to the * * * * * [FR Doc. E7–4774 Filed 3–15–07; 8:45 am] FMR do not impose information [FR Doc. E7–4845 Filed 3–15–07; 8:45 am] BILLING CODE 6560–50–P collection requirements that require the BILLING CODE 6820–14–S approval of the Office of Management and Budget under 44 U.S.C. 3501, et GENERAL SERVICES seq. DEPARTMENT OF COMMERCE ADMINISTRATION E. Small Business Regulatory National Oceanic and Atmospheric Enforcement Fairness Act 41 CFR Part 102–37 Administration This final rule is exempt from [FMR Amendment 2007–02; FMR Case Congressional review under 5 U.S.C. 50 CFR Part 648 2007–102–1; Docket 2007–001; Sequence 1] 801 since it relates solely to agency [Docket No. 060314069–6069–01; I.D. RIN 3090–AI30 management and personnel. 031307A] List of Subjects in 41 CFR Part 102–37 Federal Management Regulation; FMR Magnuson-Stevens Fishery Case 2007–102–1, Donation of Surplus Government property management, Conservation and Management Act Personal Property—Historic Light Surplus government property. Provisions; Fisheries of the Stations Dated: January 3, 2007. Northeastern United States; Atlantic Lurita Doan, Sea Scallop Fishery; Closure of the AGENCY: Office of Governmentwide Administrator of General Services. Elephant Trunk Scallop Access Area to Policy, General Services Administration General Category Scallop Vessels (GSA). I For the reasons set forth in the ACTION: Final rule. preamble, GSA amends 41 CFR part AGENCY: National Marine Fisheries 102–37 as set forth below: Service (NMFS), National Oceanic and SUMMARY: The General Services Atmospheric Administration (NOAA), Administration is amending the Federal PART 102–37—DONATION OF Department of Commerce. Management Regulation (FMR) by SURPLUS PERSONAL PROPERTY ACTION: Temporary rule; closure. incorporating the provisions in Public I Law 109–313 regarding donations to 1. The authority citation for 41 CFR SUMMARY: NMFS announces that the historic light stations. part 102–37 continues to read as Elephant Trunk Scallop Access Area follows: DATES: Effective Date: April 16, 2007. (ETAA) will close to general category Authority: 40 U.S.C. 549 and 121(c). scallop vessels until it re-opens on FOR FURTHER INFORMATION CONTACT: Mr. March 1, 2008. This action is based on Robert Holcombe, Office of I 2. Amend § 102–37.380 by adding the determination that 865 general Governmentwide Policy, Office of paragraph (b)(17) to read as follows: category scallop trips into the ETAA are Travel, Transportation, and Asset § 102–37.380 What is the statutory projected to be taken as of 0001 hr local Management (MT), at (202) 501–3828, or authority for donation of surplus Federal time, March 15, 2007. This action is e-mail at [email protected] for property made under this subpart? being taken to prevent the allocation of clarification of content. For information * * * * * general category trips in the ETAA from pertaining to status or publication (b) * * * being exceeded during the 2007 fishing schedules, contact the Regulatory (17) Historic light stations as defined year, in accordance with the regulations Secretariat, Room 4035, GS Building, under section 308(e)(2) of the National implementing Framework 18 to the Washington, DC, 20405, (202) 501–4755. Historic Preservation Act (16 U.S.C. Atlantic Sea Scallop Fishery Please cite FMR Amendment 2007–02, 470w–7(e)(2)), including a historic light Management Plan (FMP) and the FMR Case 2007–102–1. station conveyed under subsection (b) of Magnuson-Stevens Fishery SUPPLEMENTARY INFORMATION: that section, notwithstanding the Conservation and Management Act. A. Background number of hours that the historic light DATES: The closure of the ETAA to all station is open to the public. general category scallop vessels is Public Law 109–313, known as the * * * * * effective 0001 hr local time, March 15, General Services Administration I 3. Amend Appendix C to part 102–37 2007, through February 29, 2008. Modernization Act, revised certain by alphabetically adding the definition provisions of title 40 U.S.C. 549. This FOR FURTHER INFORMATION CONTACT: ‘‘Historic light station’’ to read as Ryan Silva, Fishery Management final rule reflects the changes made by follows: Public Law 109–313. Specialist, (978) 281–9326, fax (978) 281–9135. B. Executive Order 12866 Appendix C to Part 102–37—Glossary of Terms for Determining Eligibility of SUPPLEMENTARY INFORMATION: The General Services Administration Public Agencies and Nonprofit Regulations governing fishing activity in (GSA) has determined that this final Organizations the Sea Scallop Access Areas are found rule is not a significant regulatory action at §§ 648.59 and 648.60. Regulations for the purposes of Executive Order * * * * * specifically governing general category 12866. Historic light station means a historic scallop vessel operations in the ETAA light station as defined under section are specified at ’ 648.59(e)(4)(ii). These C. Regulatory Flexibility Act 308(e)(2) of the National Historic regulations authorize vessels issued a This final rule is not required to be Preservation Act 16 U.S.C. 470w–7(e)2), valid general category scallop permit to published in the Federal Register for including a historic light station fish in the ETAA under specific comment. Therefore, the Regulatory conveyed under subsection (b) of that conditions, including a cap of 865 trips Flexibility Act does not apply. section, notwithstanding the number of that may be taken by general category

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vessels during the 2007 fishing year. modified by the New England Fishery ETAA. Excessive trips and harvest from The regulations at § 648.59(e)(4)(ii) Management Council. the ETAA would result in excessive require the ETAA to be closed to general fishing effort in the ETAA, where effort Classification category scallop vessels once the controls are critical, thereby Northeast Regional Administrator has This action is required by 50 CFR part undermining conservation objectives of determined that the allowed number of 648 and is exempt from review under the FMP. Should excessive effort occur trips are projected to be taken. Executive Order 12866. in the ETAA, future management Based on Vessel Monitoring System This action closes the ETAA to all measures would need to be more (VMS) trip declarations by general general category scallop vessels until restrictive. Based on the above, under 5 category scallop vessels fishing in the February 29, 2008. The regulations at U.S.C. 553(d)(3), proposed rulemaking ETAA, and analysis of fishing effort, a § 648.59(e)(4)(ii) allow such action to is waived because it would be projection concluded that, given current ensure that general category scallop impracticable and contrary to the public activity levels by general category vessels do not take more than their interest to allow a period for public scallop vessels in the area, the trip cap allocated number of trips in the ETAA. comment. Furthermore, for the same will be attained on March 15, 2007. The ETAA opened for the 2007 fishing reasons, there is good cause under 5 Therefore, in accordance with the year at 0001 hours on March 1, 2007. U.S.C 553(d)(3) to waive the 30–day regulations at § 648.59(e)(4)(ii), the Data indicating the general category delayed effectiveness period for this ETAA is closed to all general category scallop fleet has taken all of the ETAA action. scallop vessels as of 0001 hr local time, trips have only recently become Authority: 16 U.S.C. 1801 et seq. March 15, 2007. This closure is in effect available. To allow general category for the remainder of the 2007 scallop scallop vessels to continue to take trips Dated: March 13, 2007. fishing year. The ETAA is scheduled to in the ETAA during the period Alan D. Risenhoover, re-open to scallop fishing, including necessary to publish and receive Director, Office of Sustainable Fisheries, trips for general category scallop comments on a proposed rule would National Marine Fisheries Service. vessels, on March 1, 2008, unless the result in vessels taking much more than [FR Doc. 07–1304 Filed 3–13–07; 3:30 pm] schedule for scallop access areas is the allowed number of trips in the BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 72, No. 51

Friday, March 16, 2007

This section of the FEDERAL REGISTER Seventh Street, SW., Nassif Building, this proposed AD. Send your comments contains notices to the public of the proposed Room PL–401, Washington, DC 20590– to an address listed under the issuance of rules and regulations. The 0001. ADDRESSES section. Include ‘‘Docket No. purpose of these notices is to give interested • Hand Delivery: Room PL–401 on FAA–2007–27295; Directorate Identifier persons an opportunity to participate in the the plaza level of the Nassif Building, 2007–CE–013–AD’’ at the beginning of rule making prior to the adoption of the final rules. 400 Seventh Street, SW., Washington, your comments. We specifically invite DC, between 9 a.m. and 5 p.m., Monday comments on the overall regulatory, through Friday, except Federal holidays. economic, environmental, and energy DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: Go to aspects of this proposed AD. We will http://www.regulations.gov. Follow the consider all comments received by the Federal Aviation Administration instructions for submitting comments. closing date and may amend this proposed AD because of those Examining the AD Docket 14 CFR Part 39 comments. You may examine the AD docket on We will post all comments we [Docket No. FAA–2007–27295; Directorate the Internet at http://dms.dot.gov; or in Identifier 2007–CE–013–AD] receive, without change, to http:// person at the Docket Management dms.dot.gov, including any personal RIN 2120–AA64 Facility between 9 a.m. and 5 p.m., information you provide. We will also Monday through Friday, except Federal post a report summarizing each Airworthiness Directives; DORNIER holidays. The AD docket contains this substantive verbal contact we receive LUFTFAHRT GmbH Models Dornier proposed AD, the regulatory evaluation, about this proposed AD. 228–100, Dornier 228–101, Dornier any comments received, and other Discussion 228–200, Dornier 228–201, Dornier information. The street address for the 228–202, and Dornier 228–212 Docket Office (telephone (800) 647– The European Aviation Safety Agency Airplanes 5227) is in the ADDRESSES section. (EASA), which is the Technical Agent AGENCY: Federal Aviation Comments will be available in the AD for the Member States of the European Administration (FAA), Department of docket shortly after receipt. Community, has issued EASA AD No: Transportation (DOT). FOR FURTHER INFORMATION CONTACT: Karl 2007–0028, dated February 5, 2007 (referred to after this as ‘‘the MCAI’’), to ACTION: Notice of proposed rulemaking Schletzabaum, Aerospace Engineer, correct an unsafe condition for the (NPRM). FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, specified products. The MCAI states: SUMMARY: We propose to adopt a new Missouri 64106; telephone: (816) 329– During a maintenance inspection, cracks airworthiness directive (AD) for the 4146; fax: (816) 329–4090. were found on the centre section of fuselage frame 19. The investigation on the root cause products listed above. This proposed SUPPLEMENTARY INFORMATION: AD results from mandatory continuing is still in progress. Fuselage frame 19 airworthiness information (MCAI) Streamlined Issuance of AD supports the rear side of the main landing gear (MLG). This condition, if not corrected, originated by an aviation authority of The FAA is implementing a new could cause collapse of frame 19, leading to another country to identify and correct process for streamlining the issuance of subsequent collapse of a MLG. an unsafe condition on an aviation ADs related to MCAI. This streamlined The MCAI requires: product. The MCAI describes the unsafe process will allow us to adopt MCAI Since an unsafe condition has been condition as: safety requirements in a more efficient identified that may exist or develop on other manner and will reduce safety risks to aircraft of the type design, this Airworthiness During a maintenance inspection, cracks Directive (AD) requires a visual inspection of were found on the centre section of fuselage the public. This process continues to the affected fuselage frame and, if frame 19. The investigation on the root cause follow all FAA AD issuance processes to discrepancies are found, reporting the results is still in progress. Fuselage frame 19 meet legal, economic, Administrative to the TC holder. This is considered to be an supports the rear side of the main landing Procedure Act, and Federal Register interim action. gear (MLG). This condition, if not corrected, requirements. We also continue to meet could cause collapse of frame 19, leading to You may obtain further information subsequent collapse of a MLG. our technical decision-making by examining the MCAI in the AD responsibilities to identify and correct docket. The proposed AD would require unsafe conditions on U.S.-certificated actions that are intended to address the products. Relevant Service Information unsafe condition described in the MCAI. This proposed AD references the DORNIER LUFTFAHRT GmbH has DATES: We must receive comments on MCAI and related service information issued Dornier 228 RUAG Alert Service this proposed AD by April 16, 2007. that we considered in forming the Bulletin No. ASB–228–266, dated ADDRESSES: You may send comments by engineering basis to correct the unsafe December 1, 2006. The actions any of the following methods: condition. The proposed AD contains described in this service information are • DOT Docket Web Site: Go to text copied from the MCAI and for this intended to correct the unsafe condition http://dms.dot.gov and follow the reason might not follow our plain identified in the MCAI. instructions for sending your comments language principles. electronically. FAA’s Determination and Requirements • Fax: (202) 493–2251. Comments Invited of the Proposed AD • Mail: Docket Management Facility, We invite you to send any written This product has been approved by U.S. Department of Transportation, 400 relevant data, views, or arguments about the aviation authority of another

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country, and is approved for operation the Administrator finds necessary for 212 airplanes, all serial numbers, certificated in the United States. Pursuant to our safety in air commerce. This regulation in any category. bilateral agreement with this State of is within the scope of that authority Subject Design Authority, they have notified us because it addresses an unsafe condition (d) Air Transport Association of America of the unsafe condition described in the that is likely to exist or develop on (ATA) Code 53: Fuselage. MCAI and service information products identified in this rulemaking referenced above. We are proposing this action. Reason AD because we evaluated all (e) The mandatory continuing Regulatory Findings information and determined the unsafe airworthiness information (MCAI) states: condition exists and is likely to exist or We determined that this proposed AD During a maintenance inspection, cracks were found on the centre section of fuselage develop on other products of the same would not have federalism implications under Executive Order 13132. This frame 19. The investigation on the root cause type design. is still in progress. Fuselage frame 19 proposed AD would not have a supports the rear side of the main landing Differences Between This Proposed AD substantial direct effect on the States, on and the MCAI or Service Information gear (MLG). This condition, if not corrected, the relationship between the national could cause collapse of frame 19, leading to We have reviewed the MCAI and Government and the States, or on the subsequent collapse of a MLG. related service information and, in distribution of power and Actions and Compliance general, agree with their substance. But responsibilities among the various we might have found it necessary to use levels of government. (f) Unless already done, do the following For the reasons discussed above, I actions: different words from those in the MCAI (1) For all airplanes, within 25 hours time- to ensure the AD is clear for U.S. certify this proposed regulation: in-service (TIS) after the effective date of this operators and is enforceable. In making 1. Is not a ‘‘significant regulatory AD, visually inspect the affected fuselage these changes, we do not intend to differ action’’ under Executive Order 12866; frame 19 using the instructions in Dornier substantively from the information 2. Is not a ‘‘significant rule’’ under the 228 RUAG Alert Service Bulletin No. ASB– provided in the MCAI and related DOT Regulatory Policies and Procedures 228–266, dated December 1, 2006. service information. (44 FR 11034, February 26, 1979); and (2) If any crack is found during the We might also have proposed 3. Will not have a significant inspection required in paragraph (f)(1) of this different actions in this AD from those economic impact, positive or negative, AD, before further flight, contact RUAG on a substantial number of small entities Aerospace Services GmbH, Dornier 228 in the MCAI in order to follow FAA Customer Support, P.O. Box 1253, 82231 policies. Any such differences are under the criteria of the Regulatory Wessling, Germany; telephone: +49–(0)8153– highlighted in a Note within the Flexibility Act. 30–2280; fax: +49–(0)8153–30–3030; e-mail: proposed AD. We prepared a regulatory evaluation [email protected] for of the estimated costs to comply with FAA-approved repair instructions and Costs of Compliance this proposed AD and placed it in the incorporate the repair on the airplane. Based on the service information, we AD docket. Note 1: This is considered interim action. estimate that this proposed AD would The State of Design and DORNIER List of Subjects in 14 CFR Part 39 affect about 19 products of U.S. registry. LUFTFAHRT GmbH are looking at a possible We also estimate that it would take Air transportation, Aircraft, Aviation repetitive inspection program and/or about 6 work-hours per product to safety, Safety. modification program to address this condition for the long-term. In the meantime, comply with the basic requirements of The Proposed Amendment the FAA recommends that you incorporate this proposed AD. The average labor Accordingly, under the authority the above inspection into your regular rate is $80 per work-hour. maintenance program. Based on these figures, we estimate delegated to me by the Administrator, the cost of the proposed AD on U.S. the FAA proposes to amend 14 CFR part FAA AD Differences 39 as follows: operators to be $9,120, or $480 per Note 2: This AD differs from the MCAI product. PART 39—AIRWORTHINESS and/or service information as follows: In addition, this proposed AD may DIRECTIVES (1) The MCAI requires different require follow-on actions. We have no compliance times for airplanes operated in way of determining the cost of those 1. The authority citation for part 39 different conditions. The FAA is not able to follow-on actions or the number of continues to read as follows: enforce compliance times based on airplane products that may need these actions. operations since there is no way of Authority: 49 U.S.C. 106(g), 40113, 44701. determining the amount of operations in Authority for This Rulemaking § 39.13 [Amended] different conditions. To ensure the unsafe Title 49 of the United States Code condition is addressed adequately and 2. The FAA amends § 39.13 by adding timely, we are requiring the inspection for all specifies the FAA’s authority to issue the following new AD: rules on aviation safety. Subtitle I, airplanes at 25 hours TIS. DORNIER LUFTFAHRT GmbH: Docket No. (2) The MCAI allows flight with known section 106, describes the authority of cracks provided they do not exceed a certain the FAA Administrator. ‘‘Subtitle VII: FAA–2007–27295; Directorate Identifier 2007–CE–013–AD. limit. FAA policy does not allow flight with Aviation Programs,’’ describes in more cracks in primary structure. Since the detail the scope of the Agency’s Comments Due Date fuselage is considered primary structure, we authority. (a) We must receive comments by April 16, are mandating repair before further flight We are issuing this rulemaking under 2007. after any crack is found. the authority described in ‘‘Subtitle VII, Affected ADs Other FAA AD Provisions Part A, Subpart III, Section 44701: (b) None. (g) The following provisions also apply to General requirements.’’ Under that this AD: section, Congress charges the FAA with Applicability (1) Alternative Methods of Compliance promoting safe flight of civil aircraft in (c) This AD applies to Dornier 228–100, (AMOCs): The Manager, Standards Staff, air commerce by prescribing regulations Dornier 228–101, Dornier 228–200, Dornier FAA, ATTN: Karl Schletzabaum, Aerospace for practices, methods, and procedures 228–201, Dornier 228–202, and Dornier 228– Engineer, FAA, Small Airplane Directorate,

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901 Locust, Room 301, Kansas City, Missouri It has been revealed that the control surface Procedure Act, and Federal Register 64106; telephone: (816) 329–4146; fax: (816) balancing procedure in the * * * SAAB 2000 requirements. We also continue to meet 329–4090, has the authority to approve SRM (structural repair manual) * * * is our technical decision-making AMOCs for this AD, if requested using the incorrect. responsibilities to identify and correct procedures found in 14 CFR 39.19. Before * * * * * unsafe conditions on U.S.-certificated using any approved AMOC on any airplane Incorrect balance, outside the tolerance of to which the AMOC applies, notify your products. the aileron control surface, may lead to This proposed AD references the appropriate principal inspector (PI) in the vibrations that in [the] worst case can result FAA Flight Standards District Office (FSDO), in flutter. MCAI and related service information or lacking a PI, your local FSDO. that we considered in forming the (2) Airworthy Product: For any requirement The proposed AD would require engineering basis to correct the unsafe in this AD to obtain corrective actions from actions that are intended to address the condition. The proposed AD contains a manufacturer or other source, use these unsafe condition described in the MCAI. text copied from the MCAI and for this actions if they are FAA-approved. Corrective DATES: We must receive comments on reason might not follow our plain actions are considered FAA-approved if they this proposed AD by April 16, 2007. are approved by the State of Design Authority language principles. ADDRESSES: (or their delegated agent). You are required You may send comments by Comments Invited to assure the product is airworthy before it any of the following methods: is returned to service. • DOT Docket Web Site: Go to We invite you to send any written (3) Reporting Requirements: For any http://dms.dot.gov and follow the relevant data, views, or arguments about reporting requirement in this AD, under the instructions for sending your comments this proposed AD. Send your comments provisions of the Paperwork Reduction Act electronically. to an address listed under the (44 U.S.C. 3501 et.seq.), the Office of • Fax: (202) 493–2251. ADDRESSES section. Include ‘‘Docket No. Management and Budget (OMB) has • FAA–2007–27595; Directorate Identifier approved the information collection Mail: Docket Management Facility, requirements and has assigned OMB Control U.S. Department of Transportation, 400 2006–NM–248–AD’’ at the beginning of Number 2120–0056. Seventh Street, SW., Nassif Building, your comments. We specifically invite Room PL–401, Washington, DC 20590– comments on the overall regulatory, Related Information 0001. economic, environmental, and energy (h) Refer to European Aviation Safety • Hand Delivery: Room PL–401 on aspects of this proposed AD. We will Agency (EASA) AD No: 2007–0028, dated the plaza level of the Nassif Building, consider all comments received by the February 5, 2007; and Dornier 228 RUAG 400 Seventh Street, SW., Washington, closing date and may amend this Alert Service Bulletin No. ASB–228–266, DC, between 9 a.m. and 5 p.m., Monday proposed AD based on those comments. dated December 1, 2006, for related information. through Friday, except Federal holidays. We will post all comments we • Federal eRulemaking Portal: http:// receive, without change, to http:// Issued in Kansas City, Missouri, on March www.regulations.gov. Follow the dms.dot.gov, including any personal 9, 2007. instructions for submitting comments. information you provide. We will also David R. Showers, post a report summarizing each Examining the AD Docket Acting Manager, Small Airplane Directorate, substantive verbal contact we receive Aircraft Certification Service. You may examine the AD docket on about this proposed AD. [FR Doc. E7–4850 Filed 3–15–07; 8:45 am] the Internet at http://dms.dot.gov; or in Discussion BILLING CODE 4910–13–P person at the Docket Management Facility between 9 a.m. and 5 p.m., The European Aviation Safety Agency Monday through Friday, except Federal (EASA), which is the Technical Agent DEPARTMENT OF TRANSPORTATION holidays. The AD docket contains this for the Member States of the European proposed AD, the regulatory evaluation, Community, has issued EASA Federal Aviation Administration any comments received, and other Emergency Airworthiness Directive information. The street address for the 2006–0053–E, dated February 22, 2006 14 CFR Part 39 Docket Office (telephone (800) 647– (referred to after this as ‘‘the MCAI’’), to [Docket No. FAA–2007–27595; Directorate 5227) is in the ADDRESSES section. correct an unsafe condition for the Identifier 2006–NM–248–AD] Comments will be available in the AD specified products. The MCAI states: docket shortly after receipt. It has been revealed that the control surface RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: balancing procedure in the web and CD/DVD Mike Borfitz, Aerospace Engineer, versions of the SAAB 2000 SRM (structural Airworthiness Directives; Saab Model International Branch, ANM–116, FAA, repair manual) Chapter 51–60–00, Control SAAB 2000 Airplanes Transport Airplane Directorate, 1601 Surface Balancing Procedure is incorrect. The incorrect Calculation formula (pages 1, 4 and AGENCY: Federal Aviation Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2677; 7) was incorporated in Revision 21 of the Administration (FAA), DOT. SRM dated April 01/05 and was distributed ACTION: Notice of proposed rulemaking fax (425) 227–1149. in 4 July 2005 on the CD/DVD issue Apr. 01/ (NPRM). SUPPLEMENTARY INFORMATION: 05. In the incorrect formula, an ‘‘x’’ SUMMARY: We propose to adopt a new Streamlined Issuance of AD (multiplication) has been replaced with a ‘‘+’’ airworthiness directive (AD) for the The FAA is implementing a new (addition) when the data was converted in products listed above. This proposed process for streamlining the issuance of the system and if this formula is followed, AD results from mandatory continuing ADs related to MCAI. This streamlined you may receive a result outside of the airworthiness information (MCAI) process will allow us to adopt MCAI allowed tolerance. Incorrect balance, outside the tolerance of originated by an aviation authority of safety requirements in a more efficient the aileron control surface, may lead to another country to identify and correct manner and will reduce safety risks to vibrations that in [the] worst case can result an unsafe condition on an aviation the public. This process continues to in flutter. product. The MCAI describes the unsafe follow all FAA AD issuance processes to The hard copy of the manual, SAAB 2000 condition as: meet legal, economic, Administrative SRM, is correct.

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The CD/DVD dated Oct 01/05, marked the proposed AD for U.S. operators to be the FAA proposes to amend 14 CFR part ‘‘Reissue’’, includes a correct SAAB SRM $240, or $80 per product. 39 as follows: revision 22. In addition, we estimate that any The corrective action includes necessary follow-on actions would take PART 39—AIRWORTHINESS identifying ailerons that have been about 20 work-hours, for a cost of DIRECTIVES balanced after July 4, 2005. If balanced $1,600 per product. We have no way of incorrectly, they must be rebalanced. determining the number of products 1. The authority citation for part 39 You may obtain further information by that may need these actions. continues to read as follows: examining the MCAI in the AD docket. Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Relevant Service Information Title 49 of the United States Code § 39.13 [Amended] Saab has issued Service Bulletin specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding 2000–57–040, dated February 23, 2006. rules on aviation safety. Subtitle I, the following new AD: section 106, describes the authority of The actions described in this service Saab Aircraft AB: Docket No. FAA–2007– information are intended to correct the the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more 27595; Directorate Identifier 2006-NM– unsafe condition identified in the 248-AD. MCAI. detail the scope of the Agency’s authority. Comments Due Date FAA’s Determination and Requirements We are issuing this rulemaking under (a) We must receive comments by April 16, of This Proposed AD the authority described in ‘‘Subtitle VII, 2007. Part A, Subpart III, Section 44701: This product has been approved by Affected ADs the aviation authority of another General requirements.’’ Under that country, and is approved for operation section, Congress charges the FAA with (b) None. promoting safe flight of civil aircraft in in the United States. Pursuant to our Applicability bilateral agreement with this State of air commerce by prescribing regulations for practices, methods, and procedures (c) This AD applies to Saab Model SAAB Design Authority, we have been notified 2000 airplanes, certificated in any category, of the unsafe condition described in the the Administrator finds necessary for safety in air commerce. This regulation ranging from serial number -004 through MCAI and service information -063, on which aileron, P/N (part number) is within the scope of that authority referenced above. We are proposing this 7357600–501/502, P/N 7357600–503/504, P/ AD because we evaluated all pertinent because it addresses an unsafe condition N 7357600–505/506, P/N 7357600–507/508, information and determined an unsafe that is likely to exist or develop on P/N 7357991–601/602, P/N 7357991–603/ condition exists and is likely to exist or products identified in this rulemaking 604, P/N 7357991–605/606, P/N 7357995– develop on other products of the same action. 843/844, or P/N 7357995–927/928, is type design. Regulatory Findings installed. Differences Between This AD and the We determined that this proposed AD Subject MCAI or Service Information would not have federalism implications (d) Wings. under Executive Order 13132. This We have reviewed the MCAI and Reason proposed AD would not have a related service information and, in substantial direct effect on the States, on (e) The mandatory continuing general, agree with their substance. But the relationship between the national airworthiness information (MCAI) states: we might have found it necessary to use It has been revealed that the control surface Government and the States, or on the different words from those in the MCAI balancing procedure in the web and CD/DVD distribution of power and to ensure the AD is clear for U.S. versions of the SAAB 2000 SRM (Structural responsibilities among the various operators and is enforceable. In making Repair Manual) Chapter 51–60–00, Control levels of government. these changes, we do not intend to differ Surface Balancing Procedure is incorrect. The For the reasons discussed above, I substantively from the information incorrect Calculation formula (page 1, 4 and certify this proposed regulation: 7) was incorporated in Revision 21 of the provided in the MCAI and related 1. Is not a ‘‘significant regulatory service information. SRM dated April 01/05 and was distributed action’’ under Executive Order 12866; in 4 July 2005 on the CD/DVD issue Apr. 01/ We might also have proposed 2. Is not a ‘‘significant rule’’ under the 05. different actions in this AD from those DOT Regulatory Policies and Procedures In the incorrect formula, an ‘‘x’’ in the MCAI in order to follow FAA (44 FR 11034, February 26, 1979); and (multiplication) has been replaced with a ‘‘+’’ policies. Any such differences are 3. Will not have a significant (addition) when the data was converted in described in a separate paragraph of the economic impact, positive or negative, the system and if this formula is followed, proposed AD. These requirements, if on a substantial number of small entities you may receive a result outside of the ultimately adopted, will take under the criteria of the Regulatory allowed tolerance. precedence over the actions copied from Flexibility Act. Incorrect balance, outside the tolerance of the MCAI. We prepared a regulatory evaluation the aileron control surface, may lead to vibrations that in [the] worst case can result of the estimated costs to comply with Costs of Compliance in flutter. this proposed AD and placed it in the The hard copy of the manual, SAAB 2000 Based on the service information, we AD docket. estimate that this proposed AD would SRM, is correct. List of Subjects in 14 CFR Part 39 The CD/DVD dated Oct 01/05, marked affect about 3 products of U.S. registry. ‘‘Reissue’’, includes a correct SAAB SRM We also estimate that it would take Air transportation, Aircraft, Aviation revision 22. about 1 work-hour per product to safety, Safety. The corrective action includes identifying identify ailerons that have been The Proposed Amendment ailerons that have been balanced after July 4, balanced after July 4, 2005. The average 2005 until the effective date of this AD. If labor rate is $80 per work-hour. Based Accordingly, under the authority balanced incorrectly, they must be on these figures, we estimate the cost of delegated to me by the Administrator, rebalanced.

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Actions and Compliance DEPARTMENT OF TRANSPORTATION Comments Invited (f) Within one month after the effective Federal Aviation Administration Interested parties are invited to date of this AD, unless already done, do the participate in this proposed rulemaking following actions. by submitting such written data, views, (1) Identify ailerons that have been 14 CFR Part 71 or arguments as they may desire. balanced after July 4, 2005. If balanced Comments that provide the factual basis incorrectly, they must be rebalanced before [Docket No. FAA–2007–27221; Airspace supporting the views and suggestions further flight in accordance with Saab Docket No. 07–AAL–01] Service Bulletin 2000–57–040, dated presented are particularly helpful in February 23, 2006. Proposed Revision of Class E developing reasoned regulatory (2) As of the effective date of this AD, the Airspace; Kodiak, AK decisions on the proposal. Comments aileron balancing procedure contained in he are specifically invited on the overall CD/DVD ‘‘Issue Date: Apr 01/05’’ including AGENCY: Federal Aviation regulatory, aeronautical, economic, the Saab SAAB 2000 SRM at Revision 21 and Administration (FAA), DOT. environmental, and energy-related the CD/DVD ‘‘Issue Date: Oct 01/05’’ ACTION: Notice of proposed rulemaking. aspects of the proposal. including SRM at Revision 22 may not be Communications should identify both used. SUMMARY: This action proposes to revise docket numbers and be submitted in Class E airspace at Kodiak, AK. Four triplicate to the address listed above. FAA AD Differences Standard Instrument Approach Commenters wishing the FAA to Note: This AD differs from the MCAI and/ Procedures (SIAPs) are being amended acknowledge receipt of their comments or service information as follows: No for the Kodiak Airport. A Standard on this notice must submit with those differences. Instrument Departure (SID) and a comments a self-addressed, stamped Departure Procedure (DP) are also being postcard on which the following Other FAA AD Provisions amended. Adoption of this proposal statement is made: ‘‘Comments to (g) The following provisions also apply to would result in revision of existing Docket No. FAA–2007–27221/Airspace this AD: Class E airspace upward from the Docket No. 07–AAL–01.’’ The postcard (1) Alternative Methods of Compliance surface and from 700 feet (ft.) and 1,200 will be date/time stamped and returned (AMOCs): The Manager, International ft. above the surface at Kodiak Airport, to the commenter. Branch, ANM–116, FAA, ATTN: Mike Kodiak, AK. All communications received on or Borfitz, Aerospace Engineer, 1601 Lind before the specified closing date for Avenue, SW., Renton, Washington 98057– DATES: Comments must be received on or before April 30, 2007. comments will be considered before 3356, has the authority to approve AMOCs taking action on the proposed rule. The for this AD, if requested using the procedures ADDRESSES: Send comments on the proposal contained in this notice may found in 14 CFR 39.19. Before using any proposal to the Docket Management be changed in light of comments AMOC approved in accordance with § 39.19 System, U.S. Department of received. All comments submitted will on any airplane to which the AMOC applies, Transportation, Room Plaza 401, 400 be available for examination in the notify the appropriate principal inspector in Seventh Street, SW., Washington, DC the FAA Flight Standards Certificate Holding public docket both before and after the 20590–0001. You must identify the closing date for comments. A report District Office. docket number FAA–2007–27221/ (2) Airworthy Product: For any requirement summarizing each substantive public Airspace Docket No. 07–AAL–01, at the contact with FAA personnel concerned in this AD to obtain corrective actions from beginning of your comments. You may a manufacturer or other source, use these with this rulemaking will be filed in the also submit comments on the Internet at docket. actions if they are FAA-approved. Corrective http://dms.dot.gov. You may review the actions are considered FAA-approved if they public docket containing the proposal, Availability of Notice of Proposed are approved by the State of Design Authority any comments received, and any final Rulemaking’s (NPRM’s) (or their delegated agent). You are required disposition in person in the Dockets to assure the product is airworthy before it Office between 9 a.m. and 5 p.m., An electronic copy of this document is returned to service. Monday through Friday, except Federal may be downloaded through the (3) Reporting Requirements: For any holidays. The Docket Office (telephone Internet at http://dms.dot.gov. Recently reporting requirement in this AD, under the 1–800–647–5527) is on the plaza level published rulemaking documents can provisions of the Paperwork Reduction Act, also be accessed through the FAA’s Web the Office of Management and Budget (OMB) of the Department of Transportation NASSIF Building at the above address. page at http://www.faa.gov or the has approved the information collection Superintendent of Document’s Web requirements and has assigned OMB Control An informal docket may also be page at http://www.access.gpo.gov/nara. Number 2120–0056. examined during normal business hours at the office of the Manager, Safety, Additionally, any person may obtain Related Information Alaska Flight Service Operations, a copy of this notice by submitting a (h) Refer to MCAI European Aviation Federal Aviation Administration, 222 request to the Federal Aviation Safety Agency Emergency Airworthiness West 7th Avenue, Box 14, Anchorage, Administration, Office of Air Traffic Directive 2006–0053-E, dated February 22, AK 99513–7587. Airspace Management, ATA–400, 800 2006, and Saab Service Bulletin 2000–57– Independence Avenue, SW., FOR FURTHER INFORMATION CONTACT: Gary 040, dated February 23, 2006. Washington, DC 20591 or by calling Rolf, Federal Aviation Administration, (202) 267–8783. Communications must Issued in Renton, Washington, on March 9, 222 West 7th Avenue, Box 14, identify both docket numbers for this 2007. Anchorage, AK 99513–7587; telephone notice. Persons interested in being Ali Bahrami, number (907) 271–5898; fax: (907) 271– placed on a mailing list for future Manager, Transport Airplane Directorate, 2850; e-mail: [email protected]. NPRM’s should contact the FAA’s Aircraft Certification Service. Internet address: http:// Office of Rulemaking, (202) 267–9677, [FR Doc. E7–4862 Filed 3–15–07; 8:45 am] www.alaska.faa.gov/at. to request a copy of Advisory Circular BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: No. 11–2A, Notice of Proposed

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Rulemaking Distribution System, which keep them operationally current. It, September 15, 2006, is to be amended describes the application procedure. therefore—(1) is not a ‘‘significant as follows: regulatory action’’ under Executive The Proposal * * * * * Order 12866; (2) is not a ‘‘significant The FAA is considering an rule’’ under DOT Regulatory Policies Paragraph 6004 Class E Airspace Areas amendment to the Code of Federal and Procedures (44 FR 11034; February Designated as an Extension to a Class D Surface Area. Regulations (14 CFR part 71), which 26, 1979); and (3) does not warrant would revise the Class E airspace at preparation of a regulatory evaluation as AAL AK E4 Kodiak, AK [Revised] Kodiak Airport, AK. The intended effect the anticipated impact is so minimal. Kodiak Airport, AK of this proposal is to revise Class E Since this is routine matter that will (Lat. 57°45′00″ N., long. 152°29′38″ W.) airspace upward from the surface and only affect air traffic procedures and air That airspace extending upward from the from 700 ft. and 1,200 ft. above the navigation, it is certified that this rule, surface within 1.3 miles either side of the surface to contain Instrument Flight when promulgated, will not have a 072°(T)/049°(M) bearing from the Kodiak Rules (IFR) operations at Kodiak significant economic impact on a Airport, AK, extending from the 3.1-mile Airport, AK. substantial number of small entities radius from the airport, to 4.8 miles east of The FAA Instrument Flight under the criteria of the Regulatory the airport, and within 1 mile either side of the 091°(T)/068°(M) bearing from the Kodiak, Procedures Production and Flexibility Act. Maintenance Branch has amended four Airport, AK, extending from the 3.1-mile The FAA’s authority to issue rules radius from the airport, to 6.7 miles east of SIAPs, two of which are Special regarding aviation safety is found in the airport. procedures. A SID and a DP are also Title 49 of the United States Code. being amended for the Kodiak Airport. Subtitle 1, Section 106 describes the Paragraph 6005 Class E airspace extending The amended approaches are (1) the upward from 700 feet or more above the authority of the FAA Administrator. surface of the earth. Very High Frequency Omni-directional Subtitle VII, Aviation Programs, Range (VOR) Z Runway (RWY) 25, describes in more detail the scope of the * * * * * Amendment (Amdt) 1, Special (2) agency’s authority. AAL AK E5 Kodiak, AK [Revised] Instrument Landing System (ILS) or This rulemaking is promulgated Kodiak Airport, AK Localizer (LOC)/Distance Measuring under the authority described in (Lat. 57°45′00″ N., long. 152°29′38″ W.) Equipment (DME) ZRWY 25, Amdt 1, Subtitle VII, Part A, Subpart 1, Section That airspace extending upward from 700 Special, (3) VOR Y RWY 25, Amdt 1 and 40103, Sovereignty and use of airspace. feet above the surface within an 6.9-mile (4) ILS or LOC/DME Y RWY 25, Amdt Under that section, the FAA is charged radius of the Kodiak Airport, AK and within 1. The SID is the Kodiak 5. DP’s are with prescribing regulations to ensure 3.1 miles either side of the 072°(T)/049°(M) unnamed and are published in the front the safe and efficient use of the bearing from the Kodiak Airport, AK, of the U.S. Terminal Procedures for navigable airspace. This regulation is extending from the 6.9-mile radius from the Alaska. Class E controlled airspace within the scope of that authority airport, to 12.2 miles east of the airport, and within 1 mile either side of the 091°(T)/ extending upward from the surface and because it proposes to create Class E ° from 700 ft. and 1,200 ft. above the 068 (M) bearing from the Kodiak Airport, airspace sufficient in size to contain AK, extending from the 6.9-mile radius from surface within the Kodiak Airport area aircraft executing instrument the airport, to 8.2 miles east of the airport, would be revised by this action. The procedures at Kodiak Airport and and that airspace extending upward from proposed airspace is sufficient in size to represents the FAA’s continuing effort 1,200 feet above the surface within a 73-mile contain aircraft executing the to safely and efficiently use the radius of the Kodiak Airport, AK. instrument procedures at the Kodiak navigable airspace. * * * * * Airport. The area would be depicted on List of Subjects in 14 CFR Part 71 Issued in Anchorage, AK, on March 6, 2007. aeronautical charts for pilot reference. Airspace, Incorporation by reference, The coordinates for this airspace docket Navigation (air). Michael A. Tarr, are based on North American Datum 83. Acting Manager, Alaska Flight Services The Class E airspace areas designated as The Proposed Amendment Information Area Group. extensions to Class D surface areas are In consideration of the foregoing, the [FR Doc. 07–1208 Filed 3–15–07; 8:45 am] published in paragraph 6004 of FAA Federal Aviation Administration BILLING CODE 4910–13–M Order 7400.9P, Airspace Designations proposes to amend 14 CFR part 71 as and Reporting Points, dated September follows: 1, 2006, and effective September 15, DEPARTMENT OF TRANSPORTATION PART 71—DESIGNATION OF CLASS A, 2006, which is incorporated by Federal Aviation Administration reference in 14 CFR 71.1. The Class E CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; airspace areas designated as 700/1200 14 CFR Part 71 foot transition areas are published in AIRWAYS; ROUTES; AND REPORTING paragraph 6005 in FAA Order 7400.9P, POINTS [Docket No. FAA–2007–27222; Airspace Airspace Designations and Reporting 1. The authority citation for 14 CFR Docket No. 07–AAL–02] Points, dated September 1, 2006, and part 71 continues to read as follows: effective September 15, 2006, which is Proposed Revision of Class E Authority: 49 U.S.C. 106(g), 40103, 40113, Airspace; Port Heiden, AK incorporated by reference in CFR 71.1. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– The Class E airspace designations listed 1963 Comp., p. 389. AGENCY: Federal Aviation in this document would be published Administration (FAA), DOT. § 71.1 [Amended] subsequently in the Order. ACTION: Notice of proposed rulemaking. The FAA has determined that this 2. The incorporation by reference in proposed regulation only involves an 14 CFR 71.1 of Federal Aviation SUMMARY: This action proposes to revise established body of technical Administration Order 7400.9P, Airspace Class E airspace at Port Heiden, AK. regulations for which frequent and Designati8ons and Reporting Points, Two new Standard Instrument routine amendments are necessary to dated September 1, 2006, and effective Approach Procedures (SIAPs) are being

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developed, and two procedures are comments a self-addressed, stamped directional Beacon (NDB)/Distance being amended for the Port Heiden postcard on which the following Measuring Equipment (DME) RWY 05, Airport. A Departure Procedure (DP) is statement is made: ‘‘Comments to Amendment (Amdt) 3 and (2) NDB/ also being amended. Adoption of this Docket No. FAA–2007–27222/Airspace DME RWY 13, Amdt 3. DP’s are proposal would result in revision of Docket No. 07–AAL–02.’’ The postcard unnamed and are published in the front existing Class E airspace upward from will be date/time stamped and returned of the U.S. Terminal Procedures for 700 feet (ft.) and 1,200 ft. above the to the commenter. Alaska. Class E controlled airspace surface at Port Heiden Airport, Port All communications received on or extending upward from 700 ft. and Heiden, AK. before the specified closing date for 1,200 ft. above the surface within the DATES: Comments must be received on comments will be considered before Port Heiden Airport area would be or before April 30, 2007. taking action on the proposed rule. The revised by this action. The proposed proposal contained in this notice may ADDRESSES: Send comments on the airspace is sufficient in size to contain proposal to the Docket Management be changed in light of comments aircraft executing the instrument System, U.S. Department of received. All comments submitted will procedures at the Port Heiden Airport. be available for examination in the The area would be depicted on Transportation, Room Plaza 401, 400 public docket both before and after the aeronautical charts for pilot reference. Seventh Street, SW., Washington, DC closing date for comments. A report The coordinates for this airspace docket 20590–0001. You must identify the summarizing each substantive public are based on North American Datum 83. docket number FAA–2007–27222/ contact with FAA personnel concerned The Class E airspace areas designated as Airspace Docket No. 07–AAL–02, at the with this rulemaking will be filed in the 700/1200 foot transition areas are beginning of your comments. You may docket. published in paragraph 6005 in FAA also submit comments on the Internet at Order 7400.9P, Airspace Designations http://dms.dot.gov. You may review the Availability of Notice of Proposed and Reporting Points, dated September public docket containing the proposal, Rulemaking’s (NPRM’s) 1, 2006, and effective September 15, any comments, received, and any final An electronic copy of this document 2006, which is incorporated by disposition in person in the Dockets may be downloaded through the reference in 14 CFR 71.1. The Class E Office between 9 a.m. and 5 p.m., Internet at http://dms.dot.gov. Recently airspace designations listed in this Monday through Friday, except Federal published rulemaking documents can document would be published holidays. The Docket Office (telephone also be accessed through the FAA’s Web subsequently in the Order. 1–800–647–5527) is on the plaza level page at http://www.faa.gov or the The FAA has determined that this of the Department of Transportation Superintendent of Document’s Web proposed regulation only involves an NASSIF Building at the above address. page at http://www.access.gpo.gov/nara. established body of technical An informal docket may also be Additionally, any person may obtain regulations for which frequent and examined during normal business hours a copy of this notice by submitting a routine amendments are necessary to at the office of the Manager, Safety, request to the Federal Aviation keep them operationally current. It, Alaska Flight Service Operations, Administration, Office of Air Traffic therefore—(1) is not a ‘‘significant Federal Aviation Administration, 222 Airspace Management, ATA–267–8783. regulatory action’’ under Executive West 7th Avenue, Box 14, Anchorage, Communications must identify both Order 12866; (2) is not a ‘‘significant AK 99513–7587. docket numbers for this notice. Persons rule’’ under DOT Regulatory Policies FOR FURTHER INFORMATION CONTACT: Gary interested in being placed on a mailing and Procedures (44 FR 11034; February Rolf, Federal Aviation Administration, list for future NPRM’s should contact 26, 1979); and (3) does not warrant 222 West 7th Avenue, Box 14, the FAA’s Office of Rulemaking, (202) preparation of a regulatory evaluation as Anchorage, AK 99513–7587; telephone 267–9677, to request a copy of Advisory the anticipated impact is so minimal. number (907) 271–5895; fax: (907) 271– Circular No. 11–2A, Notice of Proposed Since this is a routine matter that will 2850; e-mail: [email protected]. Rulemaking Distribution System, which only affect air traffic procedures and air Internet address: http:// describes the application procedure. navigation, it is certified that this rule, www.alaska.faa.gov/at. when promulgated, will not have a The Proposal SUPPLEMENTARY INFORMATION: significant economic impact on a The FAA is considering an substantial number of small entities Comments Invited amendment to the Code of Federal under the criteria of the Regulatory Interested parties are invited to Regulations (14 CFR part 71), which Flexibility Act. participate in this proposed rulemaking would revise the Class E airspace at Port The FAA’s authority to issue rules by submitting such written data, views, Heiden Airport, AK. The intended effect regarding aviation safety is found in or arguments as they may desire. of this proposal is to revise Class E Title 49 of the United States Code. Comments that provide the factual basis airspace upward from 700 ft. and 1,200 Subtitle 1, Section 106 describes the supporting the views and suggestions ft. above the surface to contain authority of the FAA Administrator. presented are particularly helpful in Instrument Flight Rules (IFR) operations Subtitle VII, Aviation Programs, developing reasoned regulatory at Port Heiden Airport, AK. describes in more detail the scope of the decisions on the proposal. Comments The FAA Instrument Flight agency’s authority. are specifically invited on the overall Procedures Production and This rulemaking is promulgated regulatory, aeronautical, economic, Maintenance Branch has drafted two under the authority described in environmental, and energy-related new SIAPs and amended two others. A Subtitle VII, Part A, Subpart 1, Section aspects of the proposal. DP is also being amended for the Port 40103, Sovereignty and use of airspace. Communications should identify both Heiden Airport. The new approaches Under that section, the FAA is charged docket numbers and be submitted in are (1) Area Navigation (Global with prescribing regulations to ensure triplicate to the address listed above. Positioning System) (RNAV (GPS)) the safe and efficient use of the Commenters wishing the FAA to Runway (RWY) 05, Original and (2) navigable airspace. This regulation is acknowledge receipt of their comments RNAV (GPS) RWY 13, Original. The within the scope of that authority on this notice must submit with those amended approaches are (1) the Non- because it proposes to create Class E

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airspace sufficient in size to contain ENVIRONMENTAL PROTECTION Engineer, Criteria Pollutant Section, Air aircraft executing instrument AGENCY Programs Branch (AR–18J), procedures at Port Heiden Airport and Environmental Protection Agency, represents the FAA’s continuing effort 40 CFR Part 52 Region 5, 77 West Jackson Boulevard, to safely and efficiently use the [EPA–R05–OAR–2006–0542; FRL–8285–4] Chicago, Illinois 60604, (312) 886–6031, navigable airspace. [email protected]. List of Subjects in 14 CFR Part 71 Approval and Promulgation of Air SUPPLEMENTARY INFORMATION: In the Quality Implementation Plans; Final Rules section of this Federal Airspace, Incorporation by reference, Wisconsin; Cook Composites and Register, EPA is approving the State’s Navigation (air). Polymers Company SIP submittal as a direct final rule without prior proposal because the The Proposed Amendment AGENCY: Environmental Protection Agency views this as a noncontroversial In consideration of the foregoing, the Agency (EPA). submittal and anticipates no adverse Federal Aviation Administration ACTION: Proposed rule. proposes to amend 14 CFR part 71 as comments. A detailed rationale for the follows: SUMMARY: EPA is proposing to approve approval is set forth in the direct final Wisconsin’s April 25, 2006, submittal of rule. If no adverse comments are PART 71—DESIGNATION OF CLASS A, a source specific revision to revise its received in response to this rule, no CLASS B, CLASS C, CLASS D, AND State Implementation Plan (SIP) for the further activity is contemplated. If EPA CLASS E AIRSPACE AREAS; control of volatile organic compounds. receives adverse comments, the direct AIRWAYS; ROUTES; AND REPORTING Wisconsin held a public hearing on the final rule will be withdrawn and all POINTS submittal on February 1, 2005. The public comments received will be revision consists of language contained addressed in a subsequent final rule 1. The authority citation for 14 CFR based on this proposed rule. EPA will part 71 continues to read as follows: in an Administrative Decision, dated February 24, 2005, approving an not institute a second comment period. Authority: 49 U.S.C. 106(g), 40103, 40113, equivalent control system to meet Any parties interested in commenting 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– reasonably available control technology on this action should do so at this time. 1963 Comp., p. 389. emission control requirements for Cook Please note that if EPA receives adverse § 71.1 [Amended] Composites and Polymers Company comment on an amendment, paragraph, or section of this rule and if that 2. The incorporation by reference in located in Saukville, Wisconsin, in Ozaukee County. provision may be severed from the 14 CFR 71.1 of Federal Aviation remainder of the rule, EPA may adopt DATES: Comments must be received on Administration Order 7400.9P, Airspace as final those provisions of the rule that or before April 16, 2007. Designations and Reporting Points, are not the subject of an adverse dated September 1, 2006, and effective ADDRESSES: Submit your comments, comment. For additional information, September 15, 2006, is to be amended identified by Docket ID No. EPA–R05– see the direct final rule which is located as follows: OAR–2006–0542, by one of the in the Rules section of this Federal * * * * * following methods: Register. 1. www.regulations.gov: Follow the Paragraph 6005 Class E airspace extending online instructions for submitting Dated: February 27, 2007. upward from 700 feet or more above the Steve Rothblatt, surface of the earth. comments. 2. E-mail: [email protected]. Acting Regional Administrator, Region 5. * * * * * 3. Fax: (312) 886–5824. [FR Doc. E7–4772 Filed 3–15–07; 8:45 am] AAL AK E5 Port Heiden, AK [Revised] 4. Mail: John M. Mooney, Chief, BILLING CODE 6560–50–P Port Heiden Airport, AK Criteria Pollutant Section, Air Programs (Lat. 56°57′33″ N., long. 158°38′00″ W.) Branch (AR–18J), U.S. Environmental Port Heiden NDB Protection Agency, 77 West Jackson ENVIRONMENTAL PROTECTION (Lat. 56°57′14″ N., long. 158°38′56″ W.) Boulevard, Chicago, Illinois 60604. AGENCY That airspace extending upward from 700 5. Hand Delivery: John M. Mooney, feet above the surface within a 6.8-mile Chief, Criteria Pollutant Section, Air 40 CFR Part 271 radius of the Port Heiden Airport, AK and Programs Branch (AR–18J), U.S. within 4 miles north and 8 miles south of the [EPA–R01–RCRA–2007–0135; FRL–8287–9] ° ° Environmental Protection Agency, 77 248 (T)/229 (M) bearing from the Port West Jackson Boulevard, Chicago, Heiden NDB, AK, extending from the Port Vermont: Proposed Authorization of Heiden NDB to 20 miles west of the NDB, Illinois 60604. Such deliveries are only accepted during the Regional Office State Hazardous Waste Management and within 4 miles east and 8 miles west of Program Revisions the 339°(T)/320°(M) bearing from the Port normal hours of operation, and special Heiden NDB, AK, extending from the Port arrangements should be made for AGENCY: Environmental Protection Heiden NDB to 20 miles north of the NDB, deliveries of boxed information. The Agency (EPA). and that airspace extending upward from Regional Office official hours of 1,200 feet above the surface with a 73-miles business are Monday through Friday, ACTION: Proposed Rule. radius of the Port Heiden NDB, AK. 8:30 a.m. to 4:30 p.m. excluding federal SUMMARY: Vermont has applied to EPA * * * * * holidays. for final authorization of changes to its Issued in Anchorage, AK, on March 6, Please see the direct final rule which hazardous waste program under the 2007. is located in the Rules section of this Resource Conservation and Recovery Michael A. Tarr, Federal Register for detailed Act (RCRA). EPA proposes to grant final Acting Manager, Alaska Flight Services instructions on how to submit authorization to Vermont. EPA has Information Area Group. comments. determined that these changes satisfy all [FR Doc. 07–1207 Filed 3–15–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: requirements needed to qualify for final BILLING CODE 4910–13–M Charles Hatten, Environmental authorization, and is authorizing the

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State’s changes through an immediate Dated: March 1, 2007. Monday through Friday, excluding legal final action. Robert W. Varney, holidays. The telephone number for the DATES: Comments must be received on Regional Administrator, EPA New England. DCO is (202) 564–8930. Such deliveries or before April 16, 2007. [FR Doc. E7–4775 Filed 3–15–07; 8:45 am] are only accepted during the DCO’s normal hours of operation, and special ADDRESSES: Submit your comments, BILLING CODE 6560–50–P arrangements should be made for identified by Docket ID No. EPA–R01– deliveries of boxed information. RCRA–2007–0135, by one of the Instructions: Direct your comments to following methods: ENVIRONMENTAL PROTECTION • AGENCY docket ID number EPA–HQ–OPPT– www.regulations.gov: Follow the 2005–0049. EPA’s policy is that all online instructions for submitting [EPA–HQ–OPPT–2005–0049; FRL–8116–6] comments received will be included in comments. the docket without change and may be • RIN 2070–AC83 E-mail: [email protected]. made available on-line at http:// • Fax: (617) 918–0647, to the 40 CFR Part 745 www.regulations.gov, including any attention of Sharon Leitch. personal information provided, unless • Mail: Sharon Leitch, Hazardous Lead; Renovation, Repair, and Painting the comment includes information Waste Unit, EPA Region 1, One Program; Notice of Availability claimed to be Confidential Business Congress Street, Suite 1100 (CHW), AGENCY: Environmental Protection Information (CBI) or other information Boston, MA 02114–2023. Agency (EPA). whose disclosure is restricted by statute. • Hand Delivery or Courier: Deliver Do not submit information that you ACTION: your comments to: Sharon Leitch, Notice of availability. consider to be CBI or otherwise Hazardous Waste Unit, Office of SUMMARY: On January 10, 2006, EPA protected through regulations.gov or e- Ecosystem Protection, EPA Region 1, proposed new requirements to reduce mail. The regulations.gov website is an One Congress Street, 11th Floor, (CHW), exposure to lead hazards created by ‘‘anonymous access’’ system, which Boston, MA 02114–2023. Such renovation, repair, and painting means EPA will not know your identity deliveries are only accepted during the activities that disturb lead-based paint. or contact information unless you Office’s normal hours of operation, and The proposal supports the attainment of provide it in the body of your comment. special arrangements should be made the Federal Government’s goal of If you send an e-mail comment directly for deliveries of boxed information. eliminating childhood lead poisoning to EPA without going through For further information on how to by 2010. With this document, EPA is regulations.gov, your e-mail address submit comments, please see today’s announcing the availability of two new will be automatically captured and immediate final rule published in the studies in the rulemaking docket. The included as part of the comment that is ‘‘Rules and Regulations’’ section of this studies include one conducted by placed in the docket and made available Federal Register. EPA—Characterization of Dust Lead on the Internet. If you submit an FOR FURTHER INFORMATION CONTACT: Levels after Renovation, Repair, and electronic comment, EPA recommends Sharon Leitch, Hazardous Waste Unit, Painting Activities and a second study that you include your name and other U.S. EPA Region 1, One Congress Street, conducted by the National Association contact information in the body of your Suite 1100 (CHW), Boston, MA 02114– of Home Builders (NAHB)—Lead-Safe comment and with any disk or CD-ROM 2023, telephone number: (617) 918– Work Practices Survey Project. EPA will you submit. If EPA cannot read your comment due to technical difficulties 1647; fax number: (617) 918–0647, e- consider revisions to the proposed work and cannot contact you for clarification, mail address: [email protected]. practice standards following review of EPA may not be able to consider your these studies and consideration of SUPPLEMENTARY INFORMATION: In the comment. Electronic files should avoid public comment received as a result of ‘‘Rules and Regulations’’ section of this the use of special characters, any form this document. Comments should be Federal Register, EPA is authorizing of encryption, and be free of any defects submitted to the docket for the proposed these changes by an immediate final or viruses. For additional information rule and must be received on or before rule. EPA did not make a proposal prior about EPA’s public docket, visit the EPA April 16, 2007. to the immediate final rule because we Docket Center homepage at http:// believe this action is not controversial DATES: Comments must be received on www.epa.gov/epahome/dockets.htm. and do not expect adverse comments or before April 16, 2007. Docket: EPA established a docket for that oppose it. We have explained the ADDRESSES: Submit your comments, this action under ID number EPA–HQ– reasons for this authorization in the identified by docket identification (ID) OPPT–2005–0049. All documents in the preamble to the immediate final rule. number EPA–HQ–OPPT–2005–0049, by docket are listed in the docket’s index Unless we get written adverse one of the following methods: available at http://www.regulations.gov. comments which oppose this • Federal eRulemaking Portal: http:// Although listed in the index, some authorization during the comment www.regulations.gov. Follow the on-line information is not publicly available, period, the immediate final rule will instructions for submitting comments. e.g., CBI or other information whose become effective on the date it • Mail: Document Control Office disclosure is restricted by statute. establishes, and we will not take further (7407M), Office of Pollution Prevention Certain other material, such as action on this proposal. If we get and Toxics (OPPT), Environmental copyrighted material, will be publicly comments that oppose this action, we Protection Agency, 1200 Pennsylvania available only in hard copy. Publicly will withdraw the immediate final rule Ave., NW., Washington, DC 20460– available docket materials are available and it will not take immediate effect. 0001. electronically at http:// We will then respond to public • Hand Delivery: OPPT Document www.regulations.gov, or, if only comments in a later final rule based on Control Office (DCO), EPA East Bldg., available in hard copy, at the OPPT this proposal. You may not have another Rm. 6428, 1201 Constitution Ave., NW., Docket. The OPPT Docket is located in opportunity for comment. If you want to Washington, DC. Attention: Docket ID the EPA Docket Center (EPA/DC) at Rm. comment on this action, you should do Number EPA–HQ–OPPT–2005–0049. 3334, EPA West Bldg., 1301 so at this time. The DCO is open from 8 a.m. to 4 p.m., Constitution Ave., NW., Washington,

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DC. The EPA/DC Public Reading Room dwellings, residential property iv. Describe any assumptions and hours of operation are 8:30 a.m. to 4:30 managers. provide any technical information and/ p.m., Monday through Friday, excluding • Other technical and trade schools or data that you used. Federal holidays. The telephone number (NAICS code 611519), e.g., training v. If you estimate potential costs or of the EPA/DC Public Reading Room is providers. burdens, explain how you arrived at (202) 566–1744, and the telephone • Engineering services (NAICS code your estimate in sufficient detail to number for the OPPT Docket is (202) 541330) and building inspection allow for it to be reproduced. vi. Provide specific examples to 566–0280. Docket visitors are required services (NAICS code 541350), e.g., dust illustrate your concerns and suggest to show photographic identification, sampling technicians. pass through a metal detector, and sign alternatives. This listing is not intended to be the EPA visitor log. All visitor bags are vii. Explain your views as clearly as exhaustive, but rather provides a guide processed through an X-ray machine possible, avoiding the use of profanity for readers regarding entities likely to be and subject to search. Visitors will be or personal threats. affected by this action. Other types of provided an EPA/DC badge that must be viii. Make sure to submit your entities not listed in this unit could also visible at all times in the building and comments by the comment period be affected. The North American returned upon departure. deadline identified. Industrial Classification System FOR FURTHER INFORMATION CONTACT: For (NAICS) codes have been provided to II. What Action Is the Agency Taking? general information contact: Colby assist you and others in determining Many residences built prior to 1978 Lintner, Regulatory Coordinator, whether this action might apply to contain lead-based paint. Activities that Environmental Assistance Division certain entities. To determine whether involve the disturbance or removal of (7408M), Office of Pollution Prevention you or your business may be affected by lead-based paint, including many and Toxics, Environmental Protection this action, you should carefully renovation and repair activities, can Agency, 1200 Pennsylvania Ave., NW., examine the applicability provisions in result in high localized concentrations Washington, DC 20460–0001; telephone § 745.82 of the proposed rule. If you of lead dust in the air and on exposed number: (202) 554–1404; e-mail address: have any questions regarding the surfaces within the home, as well as in [email protected]. applicability of this action to a surrounding soils. For technical information contact: particular entity, consult the technical In support of the Federal Mike Wilson, National Program person listed under FOR FURTHER Government’s goal of eliminating Chemicals Division, Office of Pollution INFORMATION CONTACT. childhood lead poisoning by 2010, EPA Prevention and Toxics, Environmental proposed a rule establishing Protection Agency, 1200 Pennsylvania B. What Should I Consider as I Prepare requirements to protect residents of pre- Ave., NW., Washington, DC 20460– My Comments for EPA? 1978 housing units from lead hazards 0001; telephone number: (202) 566– 1. Submitting CBI. Do not submit this due to renovation, repair, and painting 0521; e-mail address: information to EPA through activities. The proposed rule, issued [email protected]. regulations.gov or e-mail. Clearly mark under the authority of section 402(c)(3) SUPPLEMENTARY INFORMATION: the part or all of the information that of TSCA, was published in the Federal you claim to be CBI. For CBI Register of January 10, 2006 (71 FR I. General Information information in a disk or CD-ROM that 1588) (FRL–7755–5). With this A. Does this Action Apply to Me? you mail to EPA, mark the outside of the document, EPA is announcing the disk or CD-ROM that you mail to EPA, availability of two new studies in the You may be potentially affected by as CBI and then identify electronically rulemaking docket. this action if you perform renovations of within the disk or CD-ROM the specific 1. Characterization of Dust Lead target housing for compensation or dust information that is claimed as CBI. In Levels after Renovation, Repair, and sampling. Target housing is defined in addition to one complete version of the Painting Activities (January 23, 2007). In section 401 of the Toxic Substances comment that includes information an effort to support a thorough risk Control Act (TSCA) as any housing claimed as CBI, a copy of the comment assessment and cost-benefit analysis of constructed prior to 1978, except that does not contain the information the proposed rule, EPA designed and housing for the elderly or persons with claimed as CBI must be submitted for conducted a field study to characterize disabilities (unless any child under age inclusion in the public docket. dust lead levels during various stages of 6 resides or is expected to reside in such Information so marked will not be renovation, repair, and painting housing) or any 0–bedroom dwelling. disclosed except in accordance with activities. Results of that field study are Potentially affected entities may procedures set forth in 40 CFR part 2. presented in this report. include, but are not limited to: 2. Lead-Safe Work Practices Survey 2. Tips for preparing your comments. • Building construction (NAICS code Project (November 9, 2006). NAHB When submitting comments, remember 236), e.g., single family housing conducted an assessment of renovation to: construction, multi-family housing and remodeling activities to measure construction, residential remodelers. i. Identify the document by docket ID levels of lead dust generated by home • Specialty trade contractors (NAICS number and other identifying improvement contractors. The objective code 238), e.g., plumbing, heating, and information (subject heading, Federal of this project was to measure the air-conditioning contractors, painting Register date and page number). amount of lead dust generated during and wall covering contractors, electrical ii. Follow directions. The Agency may typical renovation and remodeling contractors, finish carpentry contractors, ask you to respond to specific questions activities and assess whether routine drywall and insulation contractors, or organize comments by referencing a renovation and remodeling activities siding contractors, tile and terrazzo Code of Federal Regulations (CFR) part increased lead dust levels in the work contractors, glass and glazing or section number. area and property. contractors. iii. Explain why you agree or disagree; A copy of these studies is now • Real estate (NAICS code 531), e.g., suggest alternatives and substitute available in the docket for this action lessors of residential buildings and language for your requested changes. (EPA–HQ–OPPT–2005–0049). EPA is

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asking the public to consider their acceptance of a bond with a security (DOJ).DOJ maintained a list of the previous comments in light of these interest in real property. approved title companies that could studies, particularly those related to the DATES: Interested parties should submit prepare the certificate of title on the proposed work practice standards. EPA written comments to the FAR ‘‘List of Approved Attorneys, intends to consider these studies, and Secretariat on or before May 15, 2007 to Abstracters, and Title Companies.’’ DOJ public comment received as a result of be considered in the formulation of a has revised its procedures and no longer this document, in the development of final rule. maintains a list of approved title the final Renovation, Repair, and ADDRESSES: Submit comments insurance companies. Instead, DOJ has Painting Program rule. In particular, identified by FAR case 2006–013 by any developed a guide for the preparation of EPA requests comment on the proposed of the following methods: evidence of title, Title Standards 2001 methods of containment, cleaning, and • Federal eRulemaking Portal: http:// (Standards). The Standards address the cleaning verification in light of the www.regulations.gov. Search for any various types of title evidence that may information contained in these studies. document by first selecting the proper be acceptable considering local practice, In addition, the Agency is interested in document types and selecting ‘‘Federal reliability, security, economy and other comments on whether certain practices Acquisition Regulation’’ as the agency factors. The Standards also address the should require additional protective of choice. At the ‘‘Keyword’’ prompt, qualification requirements for preparers measures or should be prohibited based type in the FAR case number (for of title evidence. on the study findings. Comments should example, FAR Case 2006–001) and click The FAR rule proposes to revise the be submitted to the docket for the on the ‘‘Submit’’ button. Please include types of acceptable title evidence and proposed rule (EPA–HQ–OPPT–2005– any personal and/or business the qualification requirements for 0049) and must be received on or before information inside the document.You preparers of title evidence consistent April 16, 2007. may also search for any document by with the Standards. The types of clicking on the ‘‘Advanced search/ acceptable title evidence and the List of Subjects 40 CFR Part 745 document search’’tab at the top of the required qualifications are located in Environmental protection, Infants and screen, selecting from the agency field Section 2 of the Standards. children, Health and safety, Housing ‘‘Federal Acquisition Regulation’’, and In addition, FAR 28.203–3(d) requires renovation, Lead, Lead-based paint. typing the FAR case number in the sureties to execute a lien if a surety keyword field. Select the ‘‘Submit’’ pledges real estate on Standard Form 28, Dated: March 12, 2007. button. Affidavit of Individual Surety. The lien James B. Gulliford, • Fax: 202–501–4067. must be recorded in the local recorder’s Assistant Administrator, Office of Prevention, • Mail: General Services office. When multiple parties jointly Pesticides and Toxic Substances. Administration, Regulatory Secretariat own the real estate, the lien must be [FR Doc. E7–4869 Filed 3–15–07; 8:45 am] (VIR), 1800 F Street, NW, Room 4035, signed by each owner of the property to BILLING CODE 6560–50–S ATTN: Laurieann Duarte, Washington, be valid. The FAR currently does not DC 20405. clearly specify that all owners of the Instructions: Please submit comments property must sign the lien. The only and cite FAR case 2006–013 in all proposed rule clarifies that all property DEPARTMENT OF DEFENSE correspondence related to this case. All owners are required to sign the lien GENERAL SERVICES comments received will be posted when a surety pledges real estate as ADMINISTRATION without change to http:// collateral. www.regulations.gov, including any This is not a significant regulatory NATIONAL AERONAUTICS AND personal and/or business confidential action and, therefore, was not subject to SPACE ADMINISTRATION information provided. review under Section 6(b) of Executive FOR FURTHER INFORMATION CONTACT: Jerry Order 12866, Regulatory Planning and 48 CFR Parts 28 and 52 Olson, Procurement Analyst, at (202) Review, dated September 30, 1993. This 501–3221 for clarification of content. rule is not a major rule under 5 U.S.C. [FAR Case 2006–013; Docket 2007–0001; For information pertaining to status or 804. Sequence 3] publication schedules, contact the FAR B. Regulatory Flexibility Act Secretariat at (202) 501–4755. Please RIN 9000–AK71 cite FAR case 2006–013. The Councils do not expect this Federal Acquisition Regulation; FAR SUPPLEMENTARY INFORMATION: proposed rule to have a significant economic impact on a substantial Case 2006–013, List of Approved A. Background Attorneys, Abstracters, and Title number of small entities within the Companies FAR Subpart 28.2, Sureties and other meaning of the Regulatory Flexibility Security for Bonds, includes policies Act, 5 U.S.C. 601, et seq., because the AGENCIES: Department of Defense (DoD), which require agencies to obtain incidence of use of bonds secured by General Services Administration (GSA), adequate security for bonds when bonds interest in real property is very low. An and National Aeronautics and Space are used with a contract for supplies or Initial Regulatory Flexibility Analysis Administration (NASA). services (including construction). A has, therefore, not been performed. We ACTION: Proposed rule with request for corporate or individual surety is an invite comments from small businesses comments. acceptable form of security for a bond. and other interested parties. The Whenever a surety secures a bond with Councils will consider comments from SUMMARY: The Civilian Agency interest in real property, FAR 28.203–3 small entities concerning the affected Acquisition Council and the Defense requires that the surety provide FAR Parts 28 and 52 in accordance with Acquisition Regulations Council evidence of title in the form of a 5 U.S.C. 610. Interested parties must (Councils) are proposing to amend the certificate of title prepared by a title submit such comments separately and Federal Acquisition Regulation (FAR) to insurance company that has been should cite 5 U.S.C. 601, et seq. (FAR update the procedures for the approved by the Department of Justice case 2006–013), in correspondence.

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C. Paperwork Reduction Act 2001 at http://www.fws.gov/realty/ noted that the majority of economic dojl2001.pdf * * * . The Paperwork Reduction Act does impacts quantified in this draft EA are not apply because the proposed changes * * * * * jointly caused by eight endangered to the FAR do not impose information [FR Doc. 07–1182 Filed 3–15–07; 8:45 am] species, including the three CSI. collection requirements that require the BILLING CODE 6820–EP–S Because all of these species reside in the approval of the Office of Management same habitat, separating future impacts and Budget under 44 U.S.C. 3501, et of CSI from those of the other listed seq. DEPARTMENT OF THE INTERIOR species in the aquifer is not possible. DATES: We will accept public comments List of Subjects in 48 CFR Parts 28 and Fish and Wildlife Service until April 16, 2007. 52 ADDRESSES: If you wish to comment on Government procurement. 50 CFR Part 17 the proposed rule or draft economic Dated: March 7, 2007 RIN 1018–AU75 analysis, you may submit your Ralph De Stefano comments and materials identified by Endangered and Threatened Wildlife Director, Contract Policy Division. RIN 1018–AU75, by any of the following and Plants; Designation of Critical Therefore, DoD, GSA, and NASA methods: Habitat for the Peck’s Cave Amphipod, 1. Mail or hand delivery/courier: You propose amending 48 CFR parts 28 and Comal Springs Dryopid Beetle, and may submit written comments and 52 as set forth below: Comal Springs Riffle Beetle 1. The authority citation for 48 CFR information to Robert T. Pine, Field Supervisor, U.S. Fish and Wildlife parts 28 and 52 continues to read as AGENCY: Fish and Wildlife Service, follows: Interior. Service, 10711 Burnet Road, Suite 200, Austin, TX 78758. Authority: 40 U.S.C. 121(c); 10 U.S.C. ACTION: Proposed rule; reopening of 2. Fax: You may fax your comments chapter 137; and 42 U.S.C. 2473(c). comment period and notice of to (512) 490–0974. availability of draft economic analysis. 3. Federal eRulemaking Portal: PART 28—BONDS AND INSURANCE SUMMARY: We, the U.S. Fish and http://www.regulations.gov. Follow the 2. Amend section 28.203-3 by revising Wildlife Service (Service), announce the directions for submitting comments. In paragraphs (a)(1) and paragraph (d) reopening of the comment period on the the event that our Internet connection is introductory text to read as follows: proposed designation of critical habitat not functional, please submit your comments by one of the alternate 28.203–3 Acceptance of real property. for the Peck’s cave amphipod (Stygobromus pecki), Comal Springs methods mentioned above. (a) * * * dryopid beetle (Stygoparnus 4. E-mail: Please submit electronic (1) Evidence of title that is consistent comalensis), and Comal Springs riffle comments in an ASCII file format to with the requirements of Section 2 of beetle (Heterelmis comalensis) (Comal [email protected] and avoid the use the United States Department of Justice springs invertebrates, or CSI) under the of special characters and encryption. Title Standard 2001 at http:// Endangered Species Act of 1973, as Please include ’’Attn: RIN 1018–AU75’’ www.fws.gov/realty/dojl2001.pdf. amended (Act), and the availability of and your name and return address in Depending on the value of the property, the draft economic analysis of the your e-mail message. If you do not contracting officers should consider proposed designation of critical habitat. receive a confirmation from the system requesting assistance from the agency- The draft economic analysis forecasts that we have received your e-mail designated legal counsel to determine if future impacts associated with message, please contact us directly by the evidence of title is adequate. conservation efforts in areas proposed as calling our Austin Ecological Services * * * * * critical habitat to be $23.3 million over Field Office at (512) 490–0057. (d) The following format, or any the next 20 years under scenario 1 FOR FURTHER INFORMATION CONTACT: document substantially the same, shall (scenario description described in Robert T. Pine, Supervisor, Austin be signed by all owners of the property Background), or $152 million under Ecological Services Field Office, at the and used by the surety and recorded in scenario 2 in undiscounted dollars address listed in ADDRESSES (telephone: the local recorder‘s office when a surety (annualized dollars are estimated at $1.2 (512) 490–0057; facsimile: (512) 490– pledges real estate on Standard Form 28, million under scenario 1 and $7.6 0974). Persons who use a Affidavit of Individual Surety. million under scenario 2). Future telecommunications device for the deaf * * * * * economic impacts associated with (TDD) may call the Federal Information conservation efforts in areas proposed as Relay Service (FIRS) at 800/877–8339, PART 52—SOLICITATION PROVISIONS critical habitat at a 3 percent discount 24 hours a day, 7 days a week. AND CONTRACT CLAUSES rate are estimated to be $17.1 million SUPPLEMENTARY INFORMATION: over the next 20 years under Scenario 1, 3. Amend section 52.228–11 by Public Comments Solicited revising the date of the clause and the or $111.3 million under scenario 2 first sentence in paragraph (b)(2)(i) of (annualized dollars are estimated at $1.2 We intend that any final action the clause to read as follows: million under scenario 1 and $7.5 resulting from this proposal will be as million under scenario 2). Future accurate and as effective as possible. 52.228–11 Pledges of Assets. economic impacts associated with Therefore, we solicit comments on the * * * * * conservation efforts in areas proposed as original proposed critical habitat PLEDGES OF ASSETS (DATE) critical habitat at a 7 percent discount designation (71 FR 40588; July 17, 2006) rate are estimated to be $11.9 million and on our draft economic analysis of * * * * * (b) * * * over the next 20 years under scenario 1, the proposed designation. Copies of the (2) * * * or $77.3 million under scenario 2 draft economic analysis and the (i) Evidence of title that is consistent with (annualized dollars are estimated at $1.2 proposed rule for critical habitat the requirements of Section 2 of the United million under scenario 1 and $7.4 designation are available on the internet States Department of Justice Title Standard million under scenario 2). It should be at http://www.fws.gov/southwest/es/

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Library/ or from the Austin Ecological (8) Information on the extent of invasion of privacy. Unsupported Services Field Office at the address documented Comal Springs riffle beetles assertions will not meet this burden. In above. You may review comments and occurrences in Spring Lake; the absence of exceptional, materials received and review (9) Whether there are data supporting documentable circumstances, this supporting documentation used in the premise that any or all of the information will be released. We will preparation of this proposed rule by invertebrates are detritivores (detritus- always make submissions from appointment during normal business feeding animals) in spring-influenced organizations or businesses, and from hours, at the Austin Ecological Services riparian zones; individuals identifying themselves as Field Office (see ADDRESSES). We will (10) Whether there are any data representatives of or officials of consider information and documenting the need of any subsurface organizations or businesses, available recommendations from all interested areas for breeding, feeding, or for public inspection in their entirety. sheltering, or documenting the presence parties. We are particularly interested in Background comments concerning: of any or all of the invertebrates in the We proposed to designate critical (1) The reasons why any habitat subsurface areas; habitat for the Peck’s cave amphipod, should or should not be determined to (11) Whether the economic analysis Comal Springs dryopid beetle, and be critical habitat, as provided by adequately addresses the likely effects Comal Springs riffle beetle on July 17, section 4 of the Endangered Species Act and resulting costs arising from State 2006 (71 FR 40588). The proposed of 1973, as amended (Act) (16 U.S.C. laws as a result of the proposed critical critical habitat totaled about 38.5 acres 1531 et seq.), including whether it is habitat designation; (12) Whether the economic analysis (ac) (15.6 hectares (ha)) for the Peck’s prudent to designate critical habitat; correctly assesses the effect on regional cave amphipod in Comal County, Texas; (2) Specific data on those specific costs associated with land-use controls 39.5 ac (16.0 ha) for the Comal Springs areas that should be included in the that could arise from the designation of dryopid beetle in Comal and Hays designations that were identified as critical habitat for these species; Counties, Texas; and 30.3 ac (12.3 ha) occupied at the time of listing that (13) Whether the designation of for the Comal Springs riffle beetle in contain the features essential for the critical habitat will result in Comal and Hays Counties, Texas. conservation of the species; and those disproportionate economic or other Pursuant to the terms of a settlement specific areas that were not occupied by impacts to specific areas that should be agreement, we will submit for the species at the time it was listed but evaluated for possible exclusion from publication to the Federal Register a which have subsequently been the final designation; final critical habitat designation for the identified as occupied and those (14) Whether the economic analysis Peck’s cave amphipod, Comal Springs unoccupied areas that are essential to appropriately identifies all costs that dryopid beetle, and Comal Springs riffle the conservation of the species and could result from the designation of beetle by June 29, 2007. should be included in the designations critical habitat for these species; and Section 4(b)(2) of the Act requires that and why such areas are essential; (15) Whether the benefits of exclusion we designate or revise critical habitat (3) Land-use designations and current in any particular area outweigh the based upon the best scientific and or planned activities in, or adjacent to, benefits of inclusion under section commercial data available, after taking the subject areas and their possible 4(b)(2) of the Act. into consideration the economic or any impacts on these species or proposed Our final designation of critical other relevant impacts of specifying any critical habitat; habitat will take into consideration all particular area as critical habitat. Based (4) Whether our approach to comments and any additional on the July 17, 2006, proposed rule to designating critical habitat could be information received, including all designate critical habitat for the Peck’s improved or modified in any way to previous comments and information cave amphipod, Comal Springs dryopid provide for greater public participation submitted during the initial comment beetle, and Comal Springs riffle beetle and understanding, or to assist us in period. (71 FR 40588), we have prepared a draft accommodating public concerns and Please include ‘‘RIN 1018–AU75’’ and economic analysis (EA) of the proposed comments; your name and return address in your critical habitat designation for the e-mail message. If you do not receive a Peck’s cave amphipod, Comal Springs (5) Data on any foreseeable economic, confirmation from the system that we dryopid beetle, and Comal Springs riffle national security, or other potential have received your e-mail message, beetle. impacts resulting from the proposed please contact us directly (see Our draft EA addresses the potential designation and, in particular, any ADDRESSES section). Please note that the impacts of conservation efforts for the impacts on small entities; e-mail address [email protected] will Peck’s cave amphipod, Comal Springs (6) Any foreseeable environmental be unavailable after the public comment dryopid beetle, and Comal Springs riffle impacts directly or indirectly resulting period terminates. beetle on activities occurring on lands from the proposed designation of Our practice is to make comments, proposed for or that may be affected by critical habitat; including names and home addresses of the proposed designation. The EA (7) Data supporting the need for respondents, available for public review measures lost potential economic subsurface vegetation (e.g., roots that during regular business hours. efficiency associated with water use can penetrate into the aquifer) for Individual respondents may request that activities, construction development, sheltering, breeding, or feeding habitat we withhold their names and home water quality, aquatic restoration, and for any or all of the listed invertebrates. addresses, but if you wish us to consider administrative costs. If providing such data, please explain if withholding this information, you must The draft EA considers the potential the 50-foot (ft) distance appropriately state this prominently at the beginning economic effects of actions relating to defines the lateral extent of critical of your comments. In addition, you the conservation of the Peck’s cave habitat to provide for the primary must present rationale for withholding amphipod, Comal Springs dryopid constituent elements (PCEs) related to this information. This rationale must beetle, and Comal Springs riffle beetle, the surface vegetation that produces the demonstrate that disclosure would including costs associated with sections subsurface vegetation (e.g., roots); constitute a clearly unwarranted 4, 7, and 10 of the Act and those

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attributable to designating critical aquifer. It should be noted that the and the Unfunded Mandates Reform habitat. It further considers the majority of economic impacts quantified Act. economic effects of protective measures in this draft EA are jointly caused by Regulatory Planning and Review taken as a result of other Federal, State, eight endangered species, including the and local laws that aid habitat three CSI. Because all of these species In accordance with Executive Order conservation for the Comal Springs reside in the same habitat, separating 12866, this document is a significant invertebrates in the areas proposed as future impacts of CSI from those of the rule because it may raise novel legal and critical habitat. The analysis considers other listed species in the aquifer is not policy issues. However, on the basis of both economic efficiency and possible. our draft EA, we do not anticipate that distributional effects. In the case of We estimate costs related to the designation of critical habitat for habitat conservation, efficiency effects conservation activities for the area these species would have an annual generally reflect the ‘‘opportunity costs’’ proposed for designation of critical effect on the economy of $100 million associated with the commitment of habitat for the Comal Springs or more or affect the economy in a resources to comply with habitat invertebrates under sections 4, 7, and 10 material way. Due to the timeline for protection measures (e.g., lost economic of the Act to be approximately $23.3 publication in the Federal Register, the opportunities associated with million over the next 20 years under Office of Management and Budget restrictions on land use). The draft EA scenario 1, or $152 million under (OMB) has not formally reviewed the also analyzes whether a particular group scenario 2 in undiscounted dollars proposed rule. or economic sector bears an undue (annualized dollars are estimated to be Further, Executive Order 12866 proportion of the impacts, with specific $1.2 million under scenario 1 and $7.6 directs Federal agencies promulgating analysis of the impacts to small entities million under scenario 2). Future regulations to evaluate regulatory and potential impacts on energy economic impacts associated with alternatives (Office of Management and availability. Finally, the draft EA conservation efforts in areas proposed as Budget, Circular A–4, September 17, estimates economic impacts to activities critical habitat at a 3 percent discount 2003). Pursuant to Circular A–4, once it from 2006 to 2026 (20 years after the rate are estimated to be $17.1 million has been determined that the Federal year of proposed designation of critical over the next 20 years under scenario 1, regulatory action is appropriate, the habitat). Forecasts of economic or $111.3 million under scenario 2 agency will then need to consider conditions and other factors beyond the (annualized dollars are estimated to be alternative regulatory approaches. Since next 20 years would be speculative. $1.2 million under scenario 1 and $7.5 the determination of critical habitat is a We solicit data and comments from million under scenario 2). Future statutory requirement pursuant to the the public on the draft EA, as well as on economic impacts associated with Endangered Species Act of 1973, as all aspects of our proposal to designate conservation efforts in areas proposed as amended, we must then evaluate critical habitat. We may revise the critical habitat at a 7 percent discount alternative regulatory approaches, proposal, or its supporting documents, rate are estimated to be $11.9 million where feasible, when promulgating a to incorporate or address new over the next 20 years under scenario 1, designation of critical habitat. information received during this or $77.3 million under scenario 2 In developing our proposed comment period. In particular, we may (annualized dollars are estimated to be designation of critical habitat, we exclude an area from the final $1.2 million under scenario 1 and $7.4 consider economic impacts, impacts to designation of critical habitat if the million under scenario 2). national security, and other relevant Secretary determines that the benefits of impacts under section 4(b)(2) of the Act. Required Determinations—Amended excluding the area outweigh the benefits Based on the discretion allowable under of including the area as critical habitat, In our July 17, 2006, proposed rule this provision, we may exclude any provided such exclusion will not result (71 FR 40588), we indicated that we particular area from the designation of in the extinction of the species. would be deferring our determination of critical habitat provided that the Under scenarios 1 and 2 in our draft compliance with several statutes and benefits of such exclusion outweigh the EA, impacts associated with water use Executive Orders until the information benefits of specifying the area as critical changes comprise the vast majority, or concerning potential economic impacts habitat and that such exclusion would between 94 and 98 percent, of the total of the designation and potential effects not result in the extinction of the quantified impacts in the areas we have on landowners and stakeholders was species. As such, we believe that the proposed for designation. Total available in the draft economic analysis. evaluation of the inclusion or exclusion permitted withdrawals from the Those data are now available for our use of particular areas, or combination(s) Edwards Aquifer are to be reduced from in making these determinations. In this thereof, in a designation constitutes our approximately 549,000 acre-feet to notice, we are affirming the information alternative regulatory analysis. 450,000 acre-feet, following a 1993 contained in the proposed rule lawsuit concerning five endangered concerning Executive Order 13132 and Regulatory Flexibility Act (5 U.S.C. 601 species in the Edwards Aquifer that Executive Order 12988; the Paperwork et seq.) share habitat with CSI. As soon as 2008, Reduction Act; the National Under the Regulatory Flexibility Act total permitted water withdrawals in the Environmental Policy Act; and the (5 U.S.C. 601 et seq., as amended by the Edwards Aquifer may be further limited President’s memorandum of April 29, Small Business Regulatory Enforcement from the present 549,000 acre-feet per 1994, ‘‘Government-to-Government Fairness Act (SBREFA) of 1996), year to 400,000 acre-feet per year Relations with Native American Tribal whenever an agency must publish a (scenario 1). It is also possible that, in Governments’’ (59 FR 22951). Based on notice of rulemaking for any proposed dry years, additional restrictions may be the information made available to us in or final rule, it must prepare and make imposed that will further limit aquifer the draft economic analysis, we are available for public comment a withdrawals to 340,000 acre-feet amending our Required Determinations, regulatory flexibility analysis that (scenario 2). This draft EA examines as provided below, concerning describes the effect of the rule on small social welfare and regional economic Executive Order 12866 and the entities (i.e., small businesses, small impacts that could result from these Regulatory Flexibility Act, Executive organizations, and small government limits to water withdrawals in the Order 13211, Executive Order 12630, jurisdictions). However, no regulatory

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flexibility analysis is required if the affected activities discussed in the energy supply, distribution, and use. head of an agency certifies the rule will economic analysis, (1) Aquatic E.O. 13211 requires agencies to prepare not have a significant economic impact restoration, (2) changes in water use, Statements of Energy Effects when on a substantial number of small and (3) construction and development undertaking certain actions. This entities. In our proposed rule, we activities, the analysis determines that proposed rule is considered a significant withheld our determination of whether only impacts to construction and regulatory action under E.O. 12866 this designation would result in a development activities are forecast to be because it raises novel legal and policy significant effect as defined under borne in part by small entities. issues, but it is not expected to SBREFA until we completed our draft If this proposed critical habitat significantly affect energy supplies, economic analysis of the proposed designation is made final, Federal distribution, or use (Draft Economic designation so that we would have the agencies must consult with us if their Analysis 2007, p. B9). Therefore, this factual basis for our determination. activities may affect designated critical action is not a significant action and no According to the Small Business habitat. Consultations to avoid the Statement of Energy Effects is required. Administration (SBA), small entities destruction or adverse modification of include small organizations, such as critical habitat would be incorporated Unfunded Mandates Reform Act et seq. independent nonprofit organizations, into the existing consultation process. (2 U.S.C. 1501 ) and small governmental jurisdictions, Construction and Development In accordance with the Unfunded including school boards and city and Activities. The draft EA concludes that Mandates Reform Act (2 U.S.C. 1501), town governments that serve fewer than the most likely location for development the Service makes the following 50,000 residents, as well as small activities within the proposed critical findings: businesses (13 CFR 121.201). Small habitat designation is on two parcels in (a) This rule will not produce a businesses include manufacturing and the Comal Springs unit. The analysis Federal mandate. In general, a Federal mining concerns with fewer than 500 assumes that the private owners of mandate is a provision in legislation, employees, wholesale trade entities developable lands in the proposed statute, or regulation that would impose with fewer than 100 employees, retail critical habitat designation impacted by an enforceable duty upon State, local, or and service businesses with less than $5 future conservation efforts for the Peck’s tribal governments, or the private sector, million in annual sales, general and cave amphipod, Comal Springs dryopid and includes both ‘‘Federal heavy construction businesses with less beetle, and Comal Springs riffle beetle intergovernmental mandates’’ and than $27.5 million in annual business, will be developers. This analysis ‘‘Federal private sector mandates.’’ special trade contractors doing less than estimates that one developer (0.3 These terms are defined in 2 U.S.C. $11.5 million in annual business, and percent of small developers) is likely to 658(5)–(7). ‘‘Federal intergovernmental agricultural businesses with annual develop the affected parcels. Since 98 mandate’’ includes a regulation that sales less than $750,000. To determine percent of the developers in the region ‘‘would impose an enforceable duty if potential economic impacts to these are considered small, this analysis upon State, local, or tribal small entities are significant, we assumes that the one affected developer governments,’’ with two exceptions: it considered the types of activities that will be small. The draft economic excludes ‘‘a condition of federal might trigger regulatory impacts under analysis estimates that two residential assistance’’ and ‘‘a duty arising from this designation as well as types of housing units could be built within participation in a voluntary Federal project modifications that may result. In proposed critical habitat by one small program,’’ unless the regulation ‘‘relates general, the term ‘‘significant economic developer over the next 20 years. to a then-existing Federal program impact’’ is meant to apply to a typical Impacts to the developer are estimated under which $500,000,000 or more is small business firm’s business to include conservation efforts, such as provided annually to State, local, and operations. reducing sedimentation, monitoring, tribal governments under entitlement To determine if this proposed appropriate equipment staging, and authority,’’ if the provision would designation of critical habitat for the minimizing disturbance to the water ‘‘increase the stringency of conditions of Comal Springs invertebrates would body. Costs are estimated to be assistance’’ or ‘‘place caps upon, or affect a substantial number of small approximately 0.001 percent of annual otherwise decrease, the Federal entities, we evaluated the entities sales (Draft Economic Analysis 2007, Government’s responsibility to provide potentially impacted within particular Appendix B, p. B8). From this analysis, funding’’ and the State, local, or tribal types of economic activities (e.g., we have determined that this proposed governments ‘‘lack authority’’ to adjust aquatic restoration, changes in water designation will not have an effect on a accordingly. At the time of enactment, use, and construction and development substantial number of small businesses these entitlement programs were: activities). We considered each industry that are part of residential and Medicaid; Aid to Families with or category individually to determine commercial development nor will it Dependent Children work programs; the impacts. In estimating the numbers result in a significant effect to the Child Nutrition; Food Stamps; Social of small entities potentially affected, we annual sales of these small businesses Services Block Grants; Vocational also considered whether their activities impacted by this proposed designation, Rehabilitation State Grants; Foster Care, have any Federal involvement; some because only one developer (0.3 percent Adoption Assistance, and Independent kinds of activities are unlikely to have of small developers) may be affected Living; Family Support Welfare any Federal involvement and so will not and the approximate impacts to this one Services; and Child Support be affected by the designation of critical developer would be 0.001 percent of Enforcement. ‘‘Federal private sector habitat. Designation of critical habitat typical annual sales over the next 20 mandate’’ includes a regulation that only affects activities conducted, years. ‘‘would impose an enforceable duty funded, permitted, or authorized by upon the private sector, except (i) A Federal agencies; non-Federal activities Executive Order 13211—Energy Supply, condition of Federal assistance; or (ii) a are not affected by the designation. Distribution, and Use duty arising from participation in a In Chapters 2 and 3 of our draft EA, On May 18, 2001, the President issued voluntary Federal program.’’ we focus on small entities that may bear Executive Order (E.O.) 13211 on The designation of critical habitat the regulatory costs. Of the three regulations that significantly affect does not impose a legally binding duty

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on non-Federal Government entities or (b) The draft economic analysis beetle, and Comal Springs riffle beetle private parties. Under the Act, the only discusses potential impacts of critical in a takings implications assessment. regulatory effect is that Federal agencies habitat designation for the Peck’s cave The takings implications assessment must ensure that their actions do not amphipod, Comal Springs dryopid concludes that this proposed destroy or adversely modify critical beetle, and Comal Springs riffle beetle designation of critical habitat for these habitat under section 7. Non-Federal on water management activities, Comal Springs invertebrates does not entities that receive Federal funding, administration activities, residential and pose significant takings implications. assistance, or permits, or otherwise commercial development activities, and Author require approval or authorization from a aquatic restoration activities. Impacts on Federal agency for an action, may be small governments are not anticipated, The primary author of this notice is indirectly impacted by the designation or they are anticipated to be passed the staff of the Austin Ecological of critical habitat. However, the legally through to consumers (Draft Economic Services Field Office. binding duty to avoid destruction or Analysis 2007, Appendix B). As such, a adverse modification of critical habitat Small Government Agency Plan is not Authority rests squarely on the Federal agency. required. The authority for this action is the Furthermore, to the extent that non- Takings Endangered Species Act of 1973 (16 Federal entities are indirectly impacted U.S.C. 1531 et seq.). because they receive Federal assistance In accordance with E.O. 12630 or participate in a voluntary Federal aid (‘‘Government Actions and Interference Dated: March 8, 2007. program, the Unfunded Mandates with Constitutionally Protected Private David M. Verhey, Reform Act would not apply; nor would Property Rights’’), we have analyzed the Acting Assistant Secretary for Fish and critical habitat shift the costs of the large potential takings implications of Wildlife and Parks. entitlement programs listed above on to proposing critical habitat for the Peck’s [FR Doc. E7–4802 Filed 3–15–07; 8:45 am] State governments. cave amphipod, Comal Springs dryopid BILLING CODE 4310–55–P

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Notices Federal Register Vol. 72, No. 51

Friday, March 16, 2007

This section of the FEDERAL REGISTER the collection of information unless it statistician positions. In addition to contains documents other than rules or displays a currently valid OMB control resumes, curriculum vitae, and the proposed rules that are applicable to the number. standard Optional Application for public. Notices of hearings and investigations, Federal Employment, NASS has created National Agricultural Statistics Service committee meetings, agency decisions and a Supplemental Qualifications rulings, delegations of authority, filing of Title: Cold Storage. petitions and applications and agency Statement (SQS) for agricultural OMB Control Number: 0535–0001. statistician and mathematical statements of organization and functions are Summary of Collection: The primary examples of documents appearing in this statistician positions. The SQS allows section. objective of the National Agricultural applicants the opportunity to describe Statistics Service (NASS) is to prepare their achievements or accomplishments and issue State and national estimates of as they relate to the required knowledge, DEPARTMENT OF AGRICULTURE crop and livestock production. The skills, and abilities. monthly Cold Storage Survey provides Need and Use of the Information: The Submission for OMB Review; information on national supplies of food SQS provides applicants with Comment Request in refrigerated storage facilities. A information related to how they will be biennial survey of refrigerated March 12, 2007. measured for a position and what kinds warehouses is also conducted to provide of information will be used to evaluate The Department of Agriculture has a benchmark of the capacity available submitted the following information those abilities. NASS personnel for refrigerated storage of the nation’s specialist will use the information on collection requirement(s) to OMB for food supply. The data will be collected review and clearance under the the SQS to evaluate and rate the under the authority of 7 U.S.C. 2204(a). applicant’s accomplishments or Paperwork Reduction Act of 1995, This statute specifies ‘‘The Secretary of Public Law 104–13. Comments achievements. Ultimately, the Agriculture shall procure and preserve information is used by the selecting regarding (a) whether the collection of all information concerning agriculture information is necessary for the proper official as one of the criteria in the which he can obtain * * * by the selection process. performance of the functions of the collection of statistics * * * and shall agency, including whether the Description of Respondents: distribute them among agriculturists.’’ Individuals or households. information will have practical utility; Need and Use of the Information: (b) the accuracy of the agency’s estimate Number of Respondents: 50. USDA agencies such as the World Frequency of Responses: Reporting: of burden including the validity of the Agricultural Outlook Board, Economic methodology and assumptions used; (c) On occasion. Research Service, and Agricultural Total Burden Hours: 150. ways to enhance the quality, utility and Marketing Service use information from clarity of the information to be the Cold Storage report in setting and Charlene Parker, collected; (d) ways to minimize the administering government commodity Departmental Information Collection burden of the collection of information programs and in supply and demand Clearance Officer. on those who are to respond, including analysis. Included in the report are [FR Doc. E7–4800 Filed 3–15–07; 8:45 am] through the use of appropriate stocks of pork bellies, frozen orange BILLING CODE 3410–20–P automated, electronic, mechanical, or juice concentrate, butter, and cheese other technological collection which are traded on the Chicago Board techniques or other forms of information of Trade. The timing and frequency of DEPARTMENT OF AGRICULTURE technology should be addressed to: Desk the surveys have evolved to meet the Officer for Agriculture, Office of needs of producers, facilities, Federal Advisory Committee for the Information and Regulatory Affairs, agribusinesses, and government Expert Review of Synthesis and Office of Management and Budget agencies. Assessment Product 4.3 (CERSAP); (OMB), Establishment _ Description of Respondents: Business OIRA [email protected] or or other for-profit. fax (202) 395–5806 and to Departmental AGENCY: Office of the Chief Economist, Number of Respondents: 4,320. U.S. Department of Agriculture. Clearance Office, USDA, OCIO, Mail Frequency of Responses: Reporting: Stop 7602, Washington, DC 20250– SUMMARY: Notice is hereby given of the Monthly; biennially. creation of the Federal Advisory 7602. Comments regarding these Total Burden Hours: 6,047. information collections are best assured Committee for the Expert Review of of having their full effect if received National Agricultural Statistics Service Synthesis and Assessment Product 4.3 within 30 days of this notification. Title: Supplemental Qualifications (CERSAP). Copies of the submission(s) may be Statement. PURPOSE: The Department of obtained by calling (202) 720–8681. OMB Control Number: 0535–0209. Agriculture (USDA) is the lead agency An agency may not conduct or Summary of Collection: The for Climate Change Science Program sponsor a collection of information Department of Agriculture has an Synthesis and Assessment Product 4.3 unless the collection of information Interagency Agreement (DOA–1) with titled, The Effects of Climate Change on displays a currently valid OMB control the Office of Personnel Management Agriculture, Land Resources, Water number and the agency informs which provides the National Resources, and Biodiversity. CERSAP potential persons who are to respond to Agricultural Statistics Service (NASS) will provide advice to the Secretary of the collection of information that such with the authority to examine, rate, and Agriculture on the conduct of this persons are not required to respond to certify applications for agricultural study.

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FOR FURTHER INFORMATION CONTACT: Mr. consistent with the scientific literature, appointed by the Secretary of William Hohenstein, Global Change including recent National Research Agriculture through the Office of the Program Office, U.S. Department of Council reports and other scientific Chief Economist. No member shall have Agriculture, Room 112-A Whitten assessments on the same topic? served as an author of the draft SAP 4.3. Federal Building, 1400 Independence 6. Does the summary concisely and Most members shall be designated Avenue SW., Washington, DC 20250– accurately describe the content, key Special Government Employees, 3810; telephone: 202–720–6698. findings, and recommendations? Is it reflecting their selection based upon consistent with other sections of the their scientific expertise in the fields of Authority: CERSAP is established in accordance with the provisions of the Federal document? climate change effects on the Advisory Committee Act (FACA), 5 U.S.C. 7. What significant improvements, if ecosystems and ecosystem services App. 2 section 9 (c). CERSAP supports the any, might be made in the document? investigated by SAP 4.3. Other members USDA in its participation in the interagency Duties: CERSAP will provide expert may be Regular Government Employees, U.S. Climate Change Science Program, peer-review to SAP 4.3, according to the and will have comparable expertise. specifically in implementation of Synthesis criteria listed above. CERSAP will Equal opportunity practices, in line and Assessment Product 4.3 (SAP 4.3), The generate a list of comments and with USDA policies, will be followed in Effects of Climate Change on Agriculture, suggestions to increase the merit of SAP all membership appointments to Land Resources, Water Resources, and 4.3. After SAP 4.3’s authors have CERSAP. To ensure that the Biodiversity. The Secretary of Agriculture has responded to those comments, CERSAP recommendations of CERSAP have determined that CERSAP is in the public interest and will support USDA in will review those responses to ensure taken into account the needs of the performing its duties and responsibilities. that their review comments have been diverse groups served by the adequately considered and addressed. Department, membership shall include, SUPPLEMENTARY INFORMATION: CERSAP The duties of the CERSAP are solely to the extent practicable, individuals will provide advice to the Secretary of advisory in nature. with demonstrated ability to represent Agriculture on the conduct of a study Official(s) To Whom CERSAP Reports: minorities, women, and persons with titled, The Effects of Climate Change on CERSAP will submit advice and report disabilities. Agriculture, Land Resources, Water to the Secretary of Agriculture through Subgroups: USDA, or CERSAP with Resources, and Biodiversity, to be the Director of USDA’s Global Change USDA’s approval, may form CERSAP conducted as part of the U.S. Climate Program Office (GCPO) within the subcommittees or workgroups for any Change Science Program. The draft Office of the Chief Economist (OCE). purpose consistent with this charter. report will be published at http:// Estimated Number and Frequency of Such subcommittees or workgroups may www.climatescience.gov/Library/sap/ Meetings: CERSAP expects to meet not work independently of CERSAP and sap4–3/default.htm. CERSAP will approximately two (2) times. Meetings must report their recommendations and provide advice on the specific issues to are expected to occur when the draft advice to the full CERSAP committee for be addressed, appropriate technical report, The Effects of Climate Change on deliberation and discussion. approaches, the nature of information Agriculture, Land Resources, Water Subcommittees or workgroups have no relevant to decision makers, the content Resources, and Biodiversity, is initially authority to make decisions on behalf of of the final report, compliance with the available, and again to finalize the the full CERSAP committee, nor can Information Quality Act, and other review document, or as needed and they report directly to the Secretary of matters important to the successful approved by the Designated Federal Agriculture or other USDA officials. achievement of the study objectives. Officer (DFO). USDA may pay travel CERSAP will respond specifically to the and per diem expenses when Keith Collins, following seven inquiries related to the determined necessary and appropriate. Chief Economist, report: A full-time or permanent part-time [FR Doc. E7–4873 Filed 3–15–07; 8:45 am] 1. Are the goals, objectives, and employee of USDA will be appointed as BILLING CODE 3410–01–P intended audience of the product the DFO. The DFO or a designee will be clearly described in the document? Does present at all meetings and each meeting the product address all the questions as will be conducted in accordance with DEPARTMENT OF AGRICULTURE outlined in the prospectus? an agenda approved in advance by the Federal Advisory Committee for the 2. Are the findings and DFO. The DFO is authorized to adjourn Expert Review of Synthesis and recommendations adequately supported any meeting when he or she determines Assessment Product 4.3 (CERSAP); by evidence and analysis? If any it is in the public interest to do so. Nomination Request recommendations are based on value As required by FACA, CERSAP will judgments or the collective opinions of hold open meetings unless the Secretary AGENCY: Office of the Chief Economist, the authors, is this acknowledged and of Agriculture determines that a meeting U.S. Department of Agriculture. are adequate reasons given for reaching or a portion of a meeting may be closed ACTION: Request for nominations to the those judgments? to the public in accordance with Committee for the Expert Review of 3. Are the data and analyses handled subsection c of Section 522(b) of Title 5, Synthesis and Assessment Product 4.3 competently? Are statistical methods United States Code. Interested persons (CERSAP). applied appropriately? Are uncertainties may attend meetings, appear before and confidence levels evaluated and CERSAP as time permits, and file SUMMARY: The Department of communicated appropriately? comments with the CERSAP. Agriculture (USDA) is inviting 4. Are the document’s presentation Duration and Termination: This nominations for membership on the and organization effective? Are the charter will be in effect until Committee for the Expert Review of questions outlined in the prospectus publication of SAP 4.3. The charter will Synthesis and Assessment Product 4.3 addressed and communicated in a expire upon publication of SAP 4.3, and (CERSAP). The purpose of the manner that is appropriate for the will not be renewed. Committee is to provide advice on the intended audience? Member Composition: CERSAP will conduct of a study titled The Effects of 5. Is the document scientifically be composed of approximately twelve Climate Change on Agriculture, Land objective and policy-neutral? Is it (12) members. Members will be Resources, Water Resources, and

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Biodiversity, to be conducted as part of CERSAP will advise on the specific DEPARTMENT OF AGRICULTURE the U.S. Climate Change Science issues to be addressed, appropriate Program (CCSP). The prospectus for the technical approaches, the nature of Animal and Plant Health Inspection study titled The Effects of Climate information relevant to decision makers, Service Change on Agriculture, Land Resources, the content of the final report, [Docket No. APHIS–2007–0034] Water Resources, and Biodiversity is on compliance with the Information the CCSP Web site at http:// Quality Act, and other matters Notice of Request for Extension of www.climatescience.gov/Library/sap/ important to the successful achievement Approval of an Information Collection; sap4–3/default.htm. of the objectives of the study. CERSAP Interstate Movement of Certain Land Committee membership will total will respond specifically to the Tortoises approximately twelve persons and may following seven inquiries related to the include individuals from the Federal report: AGENCY: Animal and Plant Health Government, State and/or local 1. Are the goals, objectives, and Inspection Service, USDA. governments, the scientific community, intended audience of the product ACTION: Extension of approval of an non-governmental organizations and the clearly described in the document? Does information collection; comment private sector, with expertise, the product address all the questions as request. experience, and knowledge essential to outlined in the prospectus? SUMMARY: the successful completion of the study. 2. Are the findings and In accordance with the Nominations for employees of the recommendations adequately supported Paperwork Reduction Act of 1995, this Department of Agriculture will not be by evidence and analysis? If any notice announces the Animal and Plant considered. recommendations are based on value Health Inspection Service’s intention to Nominations must be received within judgments or the collective opinions of request an extension of approval of an twenty-one days of the date of this the authors, is this acknowledged and information collection associated with Federal Register notice. Any interested are adequate reasons given for reaching regulations for the interstate movement person or organization may submit a those judgments? of certain land tortoises. nomination. Nominations must include 3. Are the data and analyses handled DATES: We will consider all comments a complete resume of the nominee’s competently? Are statistical methods that we receive on or before May 15, background, experience and expertise, applied appropriately? Are uncertainties 2007. Form AD755, and any other information and confidence levels evaluated and considered relevant. Form AD755 is ADDRESSES: You may submit comments available online through the following communicated appropriately? by either of the following methods: Web sites: http://www.usda.gov/oce/ 4. Are the document’s presentation Federal eRulemaking Portal: Go to global_change/index.htm, http:// and organization effective? Are the http://www.regulations.gov, select www.climatescience.gov/Library/sap/ questions outlined in the prospectus ‘‘Animal and Plant Health Inspection sap4–3/default.php, and http:// addressed and communicated in a Service’’ from the agency drop-down www.sap43.ucar.edu/. Additional manner that is appropriate for the menu, then click ‘‘Submit.’’ In the avenues and resources will be utilized intended audiences? Docket ID column, select APHIS–2007– by USDA in the solicitation of 5. Is the document scientifically 0034 to submit or view public nominees. objective and policy-neutral? Is it comments and to view supporting and consistent with the scientific literature, related materials available ADDRESSES: Submit nominations to: Dr. including recent NRC reports and other electronically. Information on using Margaret Walsh, Global Change Program scientific assessments on the same Regulations.gov, including instructions Office, Office of the Chief Economist, topic? for accessing documents, submitting U.S. Department of Agriculture, Room 6. Does the summary concisely and comments, and viewing the docket after 112–A Whitten Federal Building, 1400 accurately describe the content, key the close of the comment period, is Independence Avenue, SW., findings, and recommendations? Is it available through the site’s ‘‘User Tips’’ Washington, DC 20250–3810; e-mail consistent with other sections of the link. address: [email protected], fax: (202) document? Postal Mail/Commercial Delivery: 401–1176. 7. What significant improvements, if Please send four copies of your FOR FURTHER INFORMATION CONTACT: Dr. any, might be made in the document? comment (an original and three copies) Margaret Walsh, Global Change Program Individuals and organizations to Docket No. APHIS–2007–0034, Office, Office of the Chief Economist, interested in submitting nominations for Regulatory Analysis and Development, U.S. Department of Agriculture, Room membership should familiarize PPD, APHIS, Station 3A–03.8, 4700 112–A Whitten Federal Building, 1400 themselves with the draft prospectus for River Road Unit 118, Riverdale, MD Independence Avenue, SW., this study, which is available at http:// 20737–1238. Please state that your Washington, DC 20250–3810; telephone: www.climatescience.gov/Library/sap/ comment refers to Docket No. APHIS– (202) 720–9978; e-mail address: sap4–3/default.htm. 2007–0034. [email protected], fax: (202) 401– CERSAP is expected to meet twice Reading Room: You may read any 1176. during 2007 in the Washington, DC area. comments that we receive on this SUPPLEMENTARY INFORMATION: A copy of Completed nominations should be docket in our reading room. The reading the Committee Charter is available at sent preferably by e-mail. If sent by room is located in room 1141 of the http://www.fido.gov/facadatabase/. The either fax or regular mail, the sender is USDA South Building, 14th Street and purpose of the Committee is to provide encouraged to phone (202) 720–9978 in Independence Avenue SW., advice on the conduct of a study titled advance. Washington, DC. Normal reading room The Effects of Climate Change on hours are 8 a.m. to 4:30 p.m., Monday Agriculture, Land Resources, Water Keith Collins, through Friday, except holidays. To be Resources, and Biodiversity to be Chief Economist. sure someone is there to help you, conducted as part of the U.S. Climate [FR Doc. E7–4874 Filed 3–15–07; 8:45 am] please call (202) 690–2817 before Change Science Program (CCSP). BILLING CODE 3410–01–P coming.

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Other Information: Additional (3) Enhance the quality, utility, and Dated: March 9, 2007. information about APHIS and its clarity of the information to be Margaret J. Boland, programs is available on the Internet at collected; and Forest Supervisor, Klamath National Forest. http://www.aphis.usda.gov. (4) Minimize the burden of the [FR Doc. 07–1285 Filed 3–15–07; 8:45am] FOR FURTHER INFORMATION CONTACT: For information collection on those who are BILLING CODE 3410–11–M information on the regulations for the to respond, through use, as appropriate, interstate movement of certain land of automated, electronic, mechanical, tortoises, contact Dr. Peter Merrill, and other collection technologies, e.g., DEPARTMENT OF AGRICULTURE Senior Staff Veterinarian, National permitting electronic submission of Center for Import and Export, VS, 4700 responses. Forest Service River Road Unit 41, Riverdale, MD Estimate of burden: The public 20737; (301) 734–0649. For copies of reporting burden for this collection of Pike and San Isabel National Forest more detailed information on the information is estimated to average Cimarron and Comanche Grasslands, information collection, contact Mrs. 0.083 hours per response. Colorado; Upper Arkansas Water Conservancy District Reservoir Celeste Sickles, APHIS’ Information Respondents: APHIS accredited Analysis Collection Coordinator, at (301) 734– veterinarians, U.S. tortoise breeders, and 7477. members of tortoise adoption AGENCY: Forest Service, USDA. SUPPLEMENTARY INFORMATION: organizations. ACTION: Notice of Intent to prepare an Title: Interstate Movement of Certain Estimated annual number of Environmental Impact Statement. Land Tortoises. respondents : 150. OMB Number: 0579–0156. Estimated annual number of SUMMARY: The USDA Forest Service (FS) Type of Request: Extension of responses per respondent: 20. and the Upper Arkansas Water approval of an information collection. Estimated annual number of Conservacy District (UAWCD) have Abstract: The Animal and Plant responses: 3,000. agreed to work cooperatively for the Health Inspection Service (APHIS) Estimated total annual burden on creation of the necessary environmental regulates the importation and interstate respondents: 249 hours. (Due to analysis and associated documents for movement of certain animals and averaging, the total annual burden hours the purpose of potential expansion animal products to prevent the may not equal the product of the annual construction of the North Fork Reservoir introduction into or dissemination number of responses multiplied by the Water storage facility, reconstruction of within the United States of pests and reporting burden per response.) the Boss Lake Reservoir emergency diseases of livestock. spillway, and long term operations and The regulations in 9 CFR part 93 All responses to this notice will be summarized and included in the request maintenance of all three reservoirs prohibit the importation of the leopard operated by UAWCD (Boss Lake, tortoise, the African spurred tortoise, for OMB approval. All comments will also become a matter of public record. O’Haver, and North Fork). The FS has and the Bell’s hingeback tortoise to determined that all three facilities prevent the introduction and spread of Done in Washington, DC, this 12th day of should be analyzed under an ‘‘all- exotic ticks known to be vectors of March 2007. inclusive’’ Environmental Impact heartwater disease, an acute, infectious Kevin Shea, Statement (EIS) which addresses each disease of cattle and other ruminants. Acting Administrator, Animal and Plant facility individually. The regulations in 9 CFR part 74 Health Inspection Service. The UAWCD has agreed to pay for all prohibit the interstate movement of [FR Doc. E7–4824 Filed 3–15–07; 8:45 am] necessary NEPA analysis through a those tortoises that are already in the BILLING CODE 3410–34–P third party consultant working for the United States unless the tortoises are FS. The FS will oversee the final accompanied by a health certificate or approval of: certificate of veterinary inspection. The DEPARTMENT OF AGRICULTURE 1. The environmental firm awarded certificate must be signed by an APHIS the contract to conduct the NEPA accredited veterinarian and must state Forest Service analysis. that the tortoises have been examined 2. The quality/thoroughness of the Klamath National Forest, California, by that veterinarian and found free of final environmental document. Westpoint ticks. 3. Any future long-term Special Use We are asking the Office of AGENCY: Forest Service, USDA. Permit (naming UAWCD as the holder) Management and Budget (OMB) to covering the operational hydrology and ACTION: Cancellation notice. approve our use of this certificate for an maintenance needs of each individual additional 3 years. SUMMARY: On June 23, 2006, a Notice of water storage facility. The purpose of this notice is to solicit Intent (NOI) to prepare an DATES: Comments concerning the scope comments from the public (as well as of the analysis must be postmarked or affected agencies) concerning our environmental impact statement (EIS) received within 45 days from the date information collection. These comments for the Westpoint Project on the Scott of publication of this notice in the will help us: River Ranger District of the Klamath (1) Evaluate whether the collection of National Forest, was published in the Federal Register to ensure full information is necessary for the proper Federal Register (71 FR 36056–36058). consideration. The draft environmental performance of the functions of the The Forest Service has decided to impact statement is expected January Agency, including whether the cancel the preparation of this EIS. The 2008 and the final environmental information will have practical utility; NOI is hereby rescinded. impact statement is expected April (2) Evaluate the accuracy of our FOR FURTHER INFORMATION CONTACT: Bill 2008. estimate of the burden of the Bailey, Timber Management Officer, ADDRESSES: Send written comments to; information collection, including the Salmon/Scott River Ranger District, USDA Forest Service, Salida Ranger validity of the methodology and 11263 N. Highway 3, Fort Jones, CA District, ATTN: Mike Sugaski, 325 W. assumptions used; 96032, telephone (530) 468–5351. Rainbow Blvd., Salida, CO 81201.

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Comments may be submitted Lead and Cooperating Agencies 3. Effects to the high-use scenic electronically to [email protected]. campground at North Fork and Boss The USDA Forest Service will be the Comments may also be sent by fax to Lake. lead agency for this project, but will (719) 539–3593. 4. Unrestricted public access to each consult with other concerned local, facility. FOR FURTHER INFORMATION CONTACT: state, and federal entities as appropriate. Mike Sugaski, Recreation Staff, Salida 5. Effects to private landowners For example, Section 7 consultation adjacent to North Fork and Boss Lake. Ranger District at the address noted with the U.S. Fish & Wildlife Service above or by calling (719) 539–3591. 6. Impacts to sub-alpine wetland areas will be completed for the analysis area at North Fork, and effects to two rare SUPPLEMENTARY INFORMATION: for Threatened and Endangered Species plant species identified near the North Purpose and Need for Action (TES). Fork facility (moonwort, Botrychium spp). The UAWCD has determined that Responsible Official there is a need to operate all three The responsible official is Robert J. Permits or Licenses Required reservoirs to meet the user demands and Leaverton, PSICC Forest Supervisor, Each facility’s term Special Use a growing population. Also driving this 2840 Kachina Drive, Pueblo, CO 81008. Permit (SUP) has expired. The FS feels project’s Purpose and Need is the fact that a thorough understanding of each Nature of Decision To Be Made that each facility’s term Special Use facility’s associated watershed and Permit (SUP) has expired. The FS feels The responsible official will decide operational hydrology must be reached that a thorough understanding of each whether or not to allow for expansion of before term SUPs can be reissued to facility’s associated watershed and North Fork Reservoir, allow the UAWCD. Temporary Special Use operational hydrology must be reached reconstruction of the Boss Lake Permits have been issued to UAWCD to before term SUPs can be reissued to Reservoir emergency spillway, and allow for the continued operation of the UAWCD. The Instream Flow approve the long term operation and existing water storage facilities. Incremental Methodology (IFIM) will be maintenance requirements and future An Army Corps of Engineers 404 used to assist in determining operational hydrology scenarios for all permit has been obtained by UAWCD in appropriate discharge volumes and flow three reservoirs. The decision and order to implement work that may be regimes necessary for protection of rationale for the decision will be necessary within or adjacent to terrestrial and aquatic life and maintain documented in the Record of Decision, designated wetland areas around the stream channel stability below each which will be subject to Forest Service North Fork facility. Additional 404 reservoir. Appeal Regulations (36 CFR part 215). permits may be necessary at Boss Lake Proposed Action and North Fork prior to implementing Scoping Process any selected alternative. UAWCD proposes to operate all three Internal FS scoping has already begun Comment Requested reservoirs to meet future water in the form of posting the project within demands. They intend to analyze the the Schedule of Proposed Actions This Notice of Intent supports the feasibility of increasing the capacity of (SOPA), Interdisciplinary Team (IDT) scoping process which guides the North Fork Reservoir and reconstructing meetings, conference calls, and FS development of the environmental the Boss Lake Reservoir emergency specialist field reviews of various sites impact statement. spillway, as well as assess the long term within the analysis area. External public Early Notice of Importance of Public operation and maintenance scoping was initiated by way of listing requirements and future operational Participation in Subsequent the project within SOPA, posting a legal Environmental Review hydrology scenarios for all three public notice in the Salida District’s reservoirs. The proposed expansion local newspaper, the Mountain Mail, on A draft environmental impact being analyzed for North Fork Reservoir August 25, 2004, as well as radio statement will be prepared for public could double the live storage capacity announcements by the local Colorado comment. The comment period on the from 516 acre feed to 1024 acre feet, Division of Wildlife (CDOW). draft environmental impact statement which would increase the surface will be 45 days from the date the acreage of the lake from 33 acres to 42 In addition to these preliminary forms Environmental Protection Agency acres. To accommodate the additional of scoping, the FS plans on holding publishes the notice of availability in storage, the dam height would be raised public meetings throughout various the local newspaper. The Forest Service 15 feet. stages of this project to ensure that all believes, at this early stage, it is The FS proposes that all three water relevant issues and concerns are brought important to give reviewers notice of storage facilities be analyzed under an to the attention of the agency before several court rulings related to public ‘‘all-inclusive’’ Environmental Impact issuing the final decision. The times and participation in the environmental Statement (EIS) which addresses each locations of these meetings are yet to be review process. facility individually. determined. First, reviewers of draft Preliminary Issues environmental impact statements must Possible Alternatives structure their participation in the Other than the ‘‘Proposed Action’’ Some preliminary issues identified for environmental review of the proposal so brought forward by UAWCD, and the this project include the following: that it is meaningful and alerts an ‘‘No Action’’ alternative, additional 1. Expired long-term SUP’s for all agency to the reviewer’s position and alternatives to this proposed project three facilities. contentions (Vermont Yankee Nuclear have not been identified at this time. 2. Appropriate discharge volumes Power Corp. v. NRDC, 435 U.S. 519,553 Potential alternatives to the proposed needed to protect terrestrial and aquatic (1978)). Also, environmental objections action will undoubtedly surface during life and maintain stream channel that could be raised at the draft the internal and external scoping and stability below each reservoir while environmental impact statement stage, public comment periods required meeting UAWCD water rights and user but are not raised until after completion during the NEPA process. demands. of the final environmental impact

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statement may be waived or dismissed the Lake Tahoe Region and other be mailed to: William P. Lisowsky, Area by the courts (City of Angoon v. Hodel, matters raised by the Secretary. Supervisor, Land Between The Lakes, 803 F.2d 1016, 1022 (9th Cir. 1986) and DATES: The meeting will be held March 100 Van Morgan Drive, Golden Pond, Wisconsin Heritages, Inc. v. Harris, 490 29, 2007, beginning at 9 a.m. and ending Kentucky 42211. Written comments F. Supp. 1334, 1338 (E.D. Wis. 1980)). at 4 p.m. must be received at Land Between The Because of these court rulings, it is ADDRESSES: The meeting will be held at Lakes by March 29, 2007, in order for very important that those interested in the North Tahoe Conference Center, copies to be provided to the members at this proposed action participate by the Kings Beach, CA 96143. the meeting. Board members will review close of the 45-day comment period so written comments received, and at their FOR FURTHER INFORMATION CONTACT: Arla that substantive comments and Hains, Lake Tahoe Basin Management request, oral clarification may be objections are made available to the Unit, Forest Service, 35 College Drive, requested at a future meeting. Forest Service at a time when it can South Lake Tahoe, CA 96150, (530) DATES: The meeting will be held on meaningfully consider them and 543–2773. April 5, 2007, 8:30 a.m. to 3:15 p.m. respond to them in the final ADDRESSES: The meeting will be held at environmental impact statement. SUPPLEMENTARY INFORMATION: Items to To assist the Forest Service in be covered on the agenda include: (1) the Brandon Spring Group Center at identifying and considering issues and The revised Lake Tahoe Federal Land Between The Lakes, Kentucky, concerns on the proposed action, Advisory Committee Communications and will be open to the public. comments on the draft environmental Plan; (2) the Southern Nevada Public FOR FURTHER INFORMATION CONTACT: impact statement should be as specific Land Management Act Round 8; and, (3) Sharon Byers, Advisory Board Liaison, as possible. It is also helpful if Public Comment. All Lake Tahoe Basin Land Between The Lakes, 100 Van comments refer to specific pages or Federal Advisory Committee meetings Morgan Drive, Golden Pond, Kentucky chapters of the draft statement. are open to the public. Interested 42211, 270–924–2002. Comments may also address the citizens are encouraged to attend at the SUPPLEMENTARY INFORMATION: None. above address. Issues may be brought to adequacy of the draft environmental Dated: March 9, 2007. the attention of the Committee during impact statement or the merits of the William P. Lisowsky, alternatives formulated and discussed in the open public comment period at the Area Supervisor, Land Between The Lakes. the statement. meeting or by filing written statements Reviewers may wish to refer to the with the secretary for the Committee [FR Doc. E7–4852 Filed 3–15–07; 8:45 am] Council on Environmental Quality before or after the meeting. Please refer BILLING CODE 3410–11–P Regulations for implementing the any written comments to the Lake procedural provisions of the National Tahoe Basin Management Unit at the Environmental Policy Act at 40 CFR contact address stated above. COMMISSION ON CIVIL RIGHTS 1503.3 in addressing these points. Dated: March 12, 2007. Agenda and Notice of Public Meeting Comments received, including the Joseph Keely, of the California Advisory Committee names and addresses of those who Acting Forest Supervisor. comment, will be considered part of the [FR Doc. 07–1281 Filed 3–15–07; 8:45 am] Notice is hereby given, pursuant to public record on this proposal and will BILLING CODE 3410–11–M the provisions of the rules and be available for public inspection. regulations of the U.S. Commission on (Authority: 40 CFR 1501.7 and 1508.22; Civil Rights and the Federal Advisory Forest Service Handbook 1909.15, Section DEPARTMENT OF AGRICULTURE Committee Act, that a factfinding, 21) planning meeting with briefing of the Dated: March 12, 2007. Forest Service California Advisory Committee will Robert J. Leaverton, convene at 10 a.m. and adjourn at 4 p.m. Meeting of the Land Between the on Friday, March 23, 2007, at the Forest Supervisor. Lakes Advisory Board [FR Doc. 07–1286 Filed 3–15–07; 8:45 am] Federal Building, 300 N. Los Angeles BILLING CODE 3410–ES–M AGENCY: Forest Service, USDA. Street, Conference Room 8529, Los ACTION: Notice of meeting. Angeles, California 90012. The purpose of the factfinding, planning meeting DEPARTMENT OF AGRICULTURE SUMMARY: The Land Between The Lakes with briefing is to obtain information for Advisory Board will hold a meeting on the FY 2008 Statutory Report on Forest Service Thursday, April 5, 2007. Notice of this Religion in Prisons. meeting is given under the Federal Persons desiring additional Lake Tahoe Basin Federal Advisory Advisory Committee Act, 5 U.S.C. App. information, or planning to present a Committee 2. statement to the Committee, should AGENCY: Forest Service, USDA. The meeting agenda includes the contact Thomas V. Pilla, Civil Rights following: ACTION: Notice of meeting. Analyst of the Western Regional Office, (1) Welcome/Introductions 213–894–3437 (TDD 213–894–3435). SUMMARY: The Lake Tahoe Basin Federal (2) Board Discussion on Public Hearing impaired persons who will Advisory Committee will hold a Comments Received attend the meeting and require the meeting on March 29, 2007 at the North (3) Strategies for Environmental services of a sign language interpreter Tahoe Conference Center, Kings Beach, Education should contact the Regional Office at CA 96143. This Committee, established (4) Brandon Spring Group Center least ten (10) working days before the by the Secretary of Agriculture on Program Presentation scheduled date of the meeting. December 15, 1998 (64 FR 2876), is (5) Discussions with Students Visiting The meeting will be conducted chartered to provide advice to the Brandon Spring Group Center pursuant to the provisions of the rules Secretary on implementing the terms of The meeting is open to the public. and regulations of the Commission and the Federal Interagency Partnership on Written comments are invited and may the Federal Advisory Committee Act.

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It was not possible to publish this DEPARTMENT OF COMMERCE thiolate compound so that molecules of notice 15 days in advance of the the first thiolate compound in meeting date because of internal National Institute of Standards and illuminated areas of the monolayer are processing delays. Technology exchanged for molecules of said second thiolate compound; and a patterned Dated at Washington, DC, March 13, 2007. Notice of Prospective Grant of biomolecular composite formed of a Ivy L. Davis, Exclusive Patent License substrate which forms a self-assembled Acting Chief, Regional Programs AGENCY: National Institute of Standards thiolate monolayer when immersed in a Coordination Unit. and Technology, Commerce. solution of a thiolate forming [FR Doc. E7–4837 Filed 3–15–07; 8:45 am] SUMMARY: This is a notice in accordance compound, a thiolate monolayer BILLING CODE 6335–01–P with 35 U.S.C. 209(c)(1) and 37 CFR deposited on the substrate and 404.7(a)(1)(i) that the National Institute composed of patterned areas of first and of Standards and Technology (‘‘NIST’’), second thiolate compounds, COMMISSION ON CIVIL RIGHTS U.S. Department of Commerce, is respectively, the first thiolate compound contemplating the grant of an exclusive having an affinity for specifically or Agenda and Notice of Public Meeting license in the United States of America, nonspecifically adsorbing a biological of the Illinois Advisory Committee its territories, possessions and molecule, and the second thiolate commonwealths, to NIST’s interest in compound having essentially no affinity Notice is hereby given, pursuant to the invention embodied in U.S. Patent for the biological molecule, and at least the provisions of the rules and No. 5,514,501 (Application No. 08/ one biological material adsorbed in a regulations of the U.S. Commission on 255,961), titled ‘‘Process For UV- corresponding pattern on the patterned Civil Rights and the Federal Advisory Photopatterning of Thiolate Monolayers areas of the first thiolate compound in Committee Act, that a planning meeting Self-Assembled On Gold, Silver and the thiolate monolayer. with briefing of the Illinois Advisory Other Substrates,’’ NIST Docket No. 93– Dated: March 9, 2007. Committee will convene at 1 p.m. and 047US to Stratos Biosystems, LLC, James E. Hill, adjourn at 5 p.m. on Thursday, March having a place of business at 2401 Acting Deputy Director. 22, 2007, at 55 W. Monroe Street, Fifth Elliott Avenue, 5th Floor, Seattle, [FR Doc. E7–4865 Filed 3–15–07; 8:45 am] Floor Conference Room, Chicago, Washington 98121. The grant of the BILLING CODE 3510–13–P Illinois 60603. The purpose of the license would be for the field of use: planning meeting with briefing is to Substrates for analysis of proteins and nucleic acids by mass spectrometry in conduct an orientation and ethics DEPARTMENT OF DEFENSE training for new members, plan future the Life Sciences Research and In Vitro Diagnostic markets. activities, and have a briefing on Department of the Army religious discrimination in prisons. FOR FURTHER INFORMATION CONTACT: J. Terry Lynch, National Institute of Availability for Non-Exclusive, Persons desiring additional Standards and Technology, Office of information, or planning to present a Exclusive, or Partially Exclusive Technology Partnerships, 100 Bureau Licensing of U.S. Patent Concerning a statement to the Committee, should Drive, Stop 2200, Gaithersburg, MD Method and Device for the Detection contact Constance M. Davis, Regional 20899, Phone 301–975–2691. and Track of Targets in High Clutter Director of the Midwestern Regional SUPPLEMENTARY INFORMATION: The Office, 312–353–8311 (TDD 312–353– prospective exclusive license will be AGENCY: Department of the Army, DoD. 8362). Hearing impaired persons who royalty bearing and will comply with ACTION: Notice. will attend the meeting and require the the terms and conditions of 35 U.S.C. SUMMARY: In accordance with 37 CFR services of a sign language interpreter 209 and 37 CFR 404.7. The prospective 404.6 and 404.7, announcement is made should contact the Regional Office at exclusive license may be granted unless, of the availability for licensing of the least ten (10) working days before the within thirty days from the date of this invention set forth in U.S. Patent No. scheduled date of the meeting. published Notice, NIST receives written 7,154,433 entitled ‘‘Method and Device evidence and argument which establish The meeting will be conducted for the Detection and Track of Targets in that the grant of the license would not pursuant to the provisions of the rules High Clutter,’’ issued on December 26, be consistent with the requirements of and regulations of the Commission and 2006. The United States Government, as 35 U.S.C. 209 and 37 CFR 404.7. The the Federal Advisory Committee Act. represented by the Secretary of the availability of the invention for Army, has rights in this invention. It was not possible to publish this licensing was published in the Federal notice 15 days in advance of the Register on October 11, 1994. ADDRESSES: Office of Research and meeting date because of internal U.S. Patent No. 5,514,501 is owned by Technology Applications, SDMC– processing delays. the U.S. government, as represented by RDTC–TDL (Ms. Susan D. McRae), Bldg. 5220, Von Braun Complex, Redstone Dated at Washington, DC, March 13, 2007. the Secretary of Commerce. The invention is a process for creating a two Arsenal, AL 35898. Ivy L. Davis, dimensional spacial distribution pattern FOR FURTHER INFORMATION CONTACT: Ms. Acting Chief, Regional Programs of ferent thiolate molecules on a Joan Gilsdorf, Patent Attorney, e-mail: Coordination Unit. substrate by illuminating a surface of a [email protected] (256) 955– [FR Doc. E7–4838 Filed 3–15–07; 8:45 am] self-assembled monolayer of a first 3213 or Ms. Susan D. McRae, Office of BILLING CODE 6335–01–P thiolate compound in the presence of Research and Technology Applications, oxygen with high frequency e-mail: [email protected]; electromagnetic radiation distributed (256) 955–1501. according to a desired pattern, and SUPPLEMENTARY INFORMATION: The subsequently immersing the illuminated invention pertains to Doppler radar substrate in a solution of a second systems for tracking targets in high

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clutter. A processor mitigates a clutter DEPARTMENT OF DEFENSE 3213 or Ms. Susan D. McRae, Office of cloud in a reflected radar signal, the Research and Technology Applications, clutter cloud having a velocity growth Department of the Army e-mail: [email protected]; (256) rate. The processor includes an input for 955–1501. Availability of Non-Exclusive, receiving a reflected radar signal, a SUPPLEMENTARY INFORMATION: The Exclusive License or Partially delay line having a plurality of moving invention pertains to the amplification Exclusive Licensing of U.S. Patent of Faraday or Voigt rotation in thin film target indicator (MTI) Doppler filters, Concerning Methods for and an output connected in circuit with materials by passing a light beam Polymerization of Electronic and through a sample of material many the plurality of MTI Doppler filters. The Photonic Polymers delay line covers a Doppler frequency times through use of multiple internal range corresponding to the velocity AGENCY: Department of the Army, DoD. reflections and successive mirrored growth rate of the clutter cloud. The ACTION: Notice. chambers that repeatedly send the light beam back through the sample. reflected radar signal passes through the SUMMARY: In accordance with 37 CFR delay line to mitigate a portion of the Brenda S. Bowen, part 404.6, announcement is made of reflected radar signal that is reflected by Army Federal Register Liaison Officer. the availability for licensing of U.S. the clutter cloud from the reflected Patent No. US 7,186,791 B2 entitled [FR Doc. 07–1276 Filed 3–15–07; 8:45 am] radar signal. ‘‘Methods for Polymerization of BILLING CODE 3710–08–M Brenda S. Bowen, Electronic and Photonic Polymers’’ issued March 6, 2007. This patent has Army Federal Register Liaison Officer. DEPARTMENT OF DEFENSE been assigned to the United States [FR Doc. 07–1277 Filed 3–15–07; 8:45 am] Government as represented by the BILLING CODE 3710–08–M Department of the Army, Corps of Secretary of the Army. Engineers FOR FURTHER INFORMATION CONTACT: Mr. Notice of Availability for the Final DEPARTMENT OF DEFENSE Jeffrey DiTullio at U.S. Army Soldier Systems Center, Kansas Street, Natick, Environmental Impact Statement/ Department of the Army MA 01760, Phone; (508) 233–4184 or E- Environmental Impact Report for the mail: [email protected]. Burlington Northern Santa Fe (BNSF) Availability of Non-Exclusive, SUPPLEMENTARY INFORMATION: Any Cajon Third Main Track Summit to Exclusive License or Partially licenses granted shall comply with 35 Keenbrook, San Bernardino County, Exclusive Licensing of U.S. Patent U.S.C. 209 and 37 CFR part 404. CA Concerning Methods for Brenda S. Bowen, AGENCY: Department of the Army, U.S. Polymerization of Electronic and Army Federal Register Liaison Officer. Army Corps of Engineers, DoD. Photonic Polymers [FR Doc. 07–1280 Filed 3–15–07; 8:45 am] ACTION: Notice of Availability. AGENCY: Department of the Army, DoD. BILLING CODE 3710–08–M SUMMARY: Pursuant to section 102(2)(c) of the National Environmental Policy ACTION: Notice. Act (NEPA) of 1969 (as amended), the DEPARTMENT OF DEFENSE U.S. Army Corps of Engineers, Los SUMMARY: In accordance with 37 CFR Department of the Army Angeles District (Corps) Regulatory part 404.6, announcement is made of Branch, in coordination with the County the availability for licensing of U.S. Availability for Non-Exclusive, of San Bernardino and in cooperation Patent No. US 7,186,792 B2 entitled Exclusive, or Partially Exclusive with U.S. Forest Service, has completed ‘‘Methods for Polymerization of Licensing of U.S. Patent Concerning a a Final Environmental Impact Electronic and Photonic Polymers’’ Multiple Pass Faraday Rotation Statement/Environmental Impact Report issued March 6 2007. This patent has Amplifier (EIS/EIR) for the Burlington Northern been assigned to the United States Santa Fe (BNSF) Third Main Track Government as represented by the AGENCY: Department of the Army, DoD. Summit to Keenbrook Project. The Secretary of the Army. ACTION: Notice. proposed BNSF project requires authorization pursuant to section 404 of FOR FURTHER INFORMATION CONTACT: Mr. SUMMARY: In accordance with 37 CFR the Clean Water Act for approximately Jeffrey DiTullio at U.S. Army Soldier 404.6 and 404.7, announcement is made 2.95 acres of fill placement in Systems Center, Kansas Street, Natick, of the availability for licensing of the jurisdictional waters of the United MA 01760, Phone; (508) 233–4184 or E- invention set forth in U.S. Patent No. States, including wetlands, to construct mail: [email protected]. 7,095,555 entitled ‘‘Multiple Pass 15.9 miles of a new main track through Faraday Rotation Amplifier,’’ issued on the Cajon Pass in San Bernardino SUPPLEMENTARY INFORMATION: Any August 22, 2006. The United States County, California. Three alternatives licenses granted shall comply with 35 Government, as represented by the were co-equally analyzed in the EIS/ U.S.C. 209 and 37 CFR part 404. Secretary of the Army, has rights in this EIR, including Alternative 1 (Reduced invention. Brenda S. Bowen, Footprint), Alternative 2 (Standard ADDRESSES: Office of Research and Army Federal Register Liaison Officer. Engineering Design) and the No Action Technology Applications, SDMC– [FR Doc. 07–1279 Filed 3–15–07; 8:45 am] Alternative, as required by NEPA. As RDTC–TDL (Ms. Susan D. McRae), Bldg. the project proponent and applicant, the BILLING CODE 3710–08–M 5520, Von Braun Complex, Redstone BNSF Railway Co. selected Alternative Arsenal, AL 35898. 1 as its preferred alternative. The Corps FOR FURTHER INFORMATION CONTACT: Ms. determined Alternative 1 is the Joan Gilsdorf, Patent Attorney, e-mail: environmentally preferred alternative [email protected] (256) 955– and the least environmentally damaging

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practicable alternative pursuant to the for the Port Canaveral Improvements channel; depths of 35 and 39 feet in the 404(b)(1) Guidelines (40 CFR 230.12). Section 203 Feasibility Study. The study middle turning basin; a channel 39 feet FOR FURTHER INFORMATION CONTACT: is being conducted by the Canaveral deep and 400 feet wide from the middle Questions or comments concerning the Port Authority under authority granted turning basin west, 1,800 feet, hence a Final EIS/EIR should be directed to Ms. by section 203 of Water Resources channel 31 feet deep and 400 feet wide Susan A. Meyer, Senior Project Development Act (WRDA) 1986. to the west turning basin also 31 feet Manager, Regulatory Branch, U.S. Army ADDRESSES: U.S. Army Corps of deep; a channel 39 feet deep and 350 Corps of Engineers, Los Angeles District, Engineers, Planning Division, feet wide from the middle turning basin P.O. Box 532711, 915 Wilshire Environmental Branch, P.O. 4970, and channel north to the end of Berth Boulevard, Los Angeles, CA 90053– Jacksonville, FL, 32232–0019. 4; relocation of the perimeter dike about 2325, (808) 438–2137. Alternatively, FOR FURTHER INFORMATION CONTACT: Mr. 4,000 feet westward and extension of comments can be submitted Paul Stodola, by e-mail the harbor westward; a south entrance electronically to: [email protected] or jetty 1,100 feet long and an entrance [email protected]. by telephone at (904) 232–3271. jetty 1,150 long; a barge dock 90 feet wide and 600 feet long west of the SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: Paper harbor dike; and a barge canal 12 feet by a. Proposed Action. Canaveral Port copies of the Final EIS/EIR will be made 125 feet from the middle turning basin Authority has elected to conduct a available to the public for review at the tot he Atlantic Intracoastal Waterway. following libraries: Norman F. feasibility study of potential The without project condition is for Feldheym Central Library (San improvements under the authority continuation of the same channel Bernardino, California), Hesperia granted by section 203 of WRDA 1986. depths and dimensions, with Branch Library (Hesperia, California), Section 203 states (in part) that ‘‘A non- maintenance dredging as needed to and the Rancho Cucamonga Public Federal interest may on its own maintain current authorized depths. Library (Rancho Cucamonga, undertake a feasibility study of a Without proposed project improvements California). A CD copy of the document proposed harbor or inland harbor the port will continue to experience the may be obtained by contacting Ms. project and submit it to the Secretary of following three major problems which Meyer in writing at the address or email the Army.’’ Corps of Engineers guidance greatly impact port operations, safety, above. Interested parties are invited to for implementation of Section 203 is and economic viability. provide their comments on the Final contained in Engineering Regulation 1. The size of cruise ships calling at EIS/EIR, which will become a part of the (ER) 1165–2–122, August 26, 1991. Port Canaveral is constrained by official record and will be considered in b. Objectives. The objectives of the channel and turning basin dimensions. the final decision. Written comments Port Canaveral Navigation The potential for future cruise ship must be received on or before April 16, Improvements feasibility study are to terminal expansion cannot be fully 2007 and should be submitted to the prepare a Section 203 Study Report that exploited under existing channel and contact listed above. A Record of fully complies with all Federal laws and turning basin dimensions and Decision (ROD) will be issued by the regulations applicable to navigation configurations. In addition, the Corps no earlier than 30 days after the project General Investigation feasibility increasingly larger cruise ships calling Notice of Receipt for the Final EIS/EIR studies, and to enable the Assistant at Port Canaveral are beginning to is published in the Federal Register. As Secretary of the Army to make encroach on the existing west turning a cooperating agency, the USFS intends appropriate recommendations to basin. Also, passage of large cruise ships to adopt the Final EIS/EIR and issue its Congress regarding authorization of the through the narrow ship channel causes own ROD in support of the issuance of Federal navigation improvements surges at cargo piers, which result in a USFS special use permit. project for Port Canaveral. cargo vessels having to stop loading and c. Study Purpose and Need for Action. unloading activities while the cruise Dated: March 7, 2007. The purpose of the study is to evaluate ships pass. David J. Castanon, modification to the Federal project for 2. The size of cargo vessels calling at Chief, Regulatory Branch. improvements to the navigational Port Canaveral is constrained by [FR Doc. E7–4823 Filed 3–15–07; 8:45 am] channels, the west turning basin, and existing channel dimensions and BILLING CODE 3710–KF–P wideners at the port, all of which would configuration. Larger, more efficient result in an increase in the efficiency of vessels could be used for bulk items cargo vessels and cruise ships using the such as aggregates and cement if DEPARTMENT OF THE DEFENSE port. The study will identify and channels were improved. evaluate alternatives that will (2) reduce 3. Congestion at cargo berths reduces Department of the Army; Corps of future congestion at Port Canaveral; (2) the effectiveness and efficiency of cargo Engineers accommodate anticipated future growth vessels and landside facilities. Given the Intent To Prepare a Draft in vessel traffic; (3) improve the rapid growth in commodity movements Environmental Impact Statement for efficiency of operations for cruise ships at Port Canaveral, in the very near future the Port Canaveral Navigation and cargo vessels within the Port a significant proportion of cargo vessels Improvements Section 203 Feasibility complex; (4) allow for use of the Port by calling at Port Canaveral will have to Study Located in Brevard County, FL larger, more efficient, cruise ships and wait offshore for a berth to become cargo vessels; and (5) allow for available. Some of these vessels will AGENCY: Department of the Army, U.S. development of additional terminals/ likely divert to an alternative port, and Army Corps of Engineers, DoD. berths without encroaching on the West incur increased transportation costs, if ACTION: Notice of intent. Turning Basin. channels are not improved. In addition, The total Federal project includes, a landside facilities will stand idle as SUMMARY: The U.S. Army Corps of 41-foot-deep entrance channel and vessels wait offshore for an available Engineers (Corps), Jacksonville District maintenance of the 44-foot-deep Navy berth. intends to prepare a Draft Channel in the 41-foot channel reach; a d. Alternatives. The proposed Environmental Impact Statement (DEIS) 40-foot deep and 400-foot-wide inner alternative navigation improvements at

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Port Canaveral include making no k. DEIS Preparation. It is estimated development project. As part of the further improvements to the project (no that the DEIS will be available to the Section 404(b)(1) application process, action alternative), deepening ocean public on or about January 2008. the development of an Environmental access and interior channels to Dated: March 7, 2007. Impact Statement (EIS) is required. No accommodate larger vessels; deepening Stuart J. Appelbaum, project alternatives have been defined to the turning circles in the west and Chief, Planning Division. date. The proposed project and the middle turning basins to accommodate alternatives to its proposed size, design [FR Doc. 07–1278 Filed 3–15–07; 8:45 am] larger vessels; increasing the diameter of and location will be developed through the west turning basin to accommodate BILLING CODE 3710–AJ–M the EIS process. new larger cruise ships; deepening the Although wetland delineations have widener to accommodate larger cruise DEPARTMENT OF DEFENSE been conducted for each of the ships; and widening interior channels to participating properties, some have not accommodate larger cruise ships. Department of the Army; Corps of yet been verified. Based upon the best e. Issues. The Environmental Impact Engineers currently available information, Statement (EIS) will consider impacts approximately 156.1 acres of waters of on marine resources, protected species, Intent To Prepare an Environmental the United States have been delineated water quality, fish and wildlife Impact Statement for the Proposed within the participating properties. Of resources, cultural resources, essential Placer Vineyards Project, Corps Permit the 156.1 acres mapped on site, the fish habitat, socio-economics resources, Application Number 199900737 applicants propose to result in impacts coastal processes, aesthetics and to approximately 61.3 acres of waters of recreation, and other impacts identified AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. the United States and to avoid through scoping, public involvement, approximately 60.1 acres of waters of ACTION: Notice of intent. and agency coordination. the United States for construction of the f. Scoping Process. Based on early SUMMARY: The Placer Vineyards Specific project (not including infrastructure). coordination, the local sponsor For development of the infrastructure determined that an EIS was needed. Plan Property Group proposes to construct a mixed-use master planned elements, the applicants propose to Scoping meetings were held by the local affect an estimated 41.4 acres of waters sponsor with Federal agencies. community with residential, of the United States. Thus, the Additional agency meetings will be held employment, commercial, open space, combined total proposed impacts to in the coming months. All parties are recreational and public/quasi-public waters of the United States for all invited to participate in the scoping land uses. The Plan provides for 14,132 elements of this comprehensive permit process by identifying any additional homes in a variety of housing types, application would affect 102.7 acres. concerns on issues, studies needed, styles, and densities. At full Plan build- alternatives, procedures, and other out, projected to occur over a 20- to 30- The Placer Vineyards Plan Area is matters related to the scoping process. year time period, Placer Vineyards will bounded on the north by Baseline Road, At this time, there are no plans for a have a population of approximately on the south by the Sacramento/Placer public scoping meeting. 33,000 people, 42 acres of employment County line, on the west by the Sutter/ g. Public Involvement. We invite the centers, 140 acres of retail commercial Placer County line and Pleasant Grove participation of affected Federal, state centers and approximately 930 acres of Road, and on the east by Dry Creek and and local agencies, affected Indian new parks and open space. This project, Walerga Road. East to west, the Specific tribes, and other interested private as proposed, would result in impacts to Plan area spans approximately 6 miles. organizations and parties. approximately 102.7 acres of waters of North to south, at its widest point, it h. Coordination. The proposed action the United States, including 8.5 acres of spans approximately 2 miles. is being coordinated with the U.S. Fish temporary impacts to water and The Corps’ public involvement and Wildlife Service under Section 7 of wetlands. program includes several opportunities the Endangered Species Act, with the DATES: Two scoping meetings will be to provide oral and written comments. FWS under the Fish and Wildlife held on March 28, 2007. The first Affected Federal, state, local agencies, Coordination Act, and with the State meeting will be conducted from 3 p.m. Indian tribes and other interested Historic Preservation Officer. to 5 p.m., and the second will be private organizations and parties are i. Other Environmental Review and conducted from 6 p.m. to 8 p.m. invited to participate. Significant issues to be analyzed in depth in the EIS Consultation. The proposed action ADDRESSES: The meetings will be held at would involve evaluation for the Placer County Community include, loss of waters to the United compliance with guidelines pursuant to Development Resource Center, Planning States, including vernal pools and other Section 404(b) of the Clean Water Act; Commission Hearing Room, 3091 wetlands; cultural resources; threatened application (to the State of Florida) for County Center Drive (corner of Bell and endangered species; surface water Water Quality Certification pursuant to Road and Richardson), Auburn, CA and groundwater; water quality; socio- Section 401 of the Clean Water Act; 95603. economic effects, and aesthetics. certification of state lands, easements, The Corps will initiate formal and rights of way; Essential Fish Habitat FOR FURTHER INFORMATION CONTACT: consultation with the U.S. Fish and with National Marine Fisheries Service; Questions about the proposed action Wildlife Service and the National and determination of Coastal Zone and the Draft Environmental Impact Marine Fisheries Service under Section Management Act consistency. Statement can be answered by Tom 7 of the Endangered Species Act for two j. Agency Role. The non-Federal Cavanaugh, (916) 557–5261, e-mail: federally threatened and endangered sponsor (Canaveral Port Authority) will [email protected]. species that may be affected by this provide extensive information and SUPPLEMENTARY INFORMATION: The project. In addition, the Corps will be assistance on the resources to be applicants have applied for a consulting with the State Historic impacted, mitigation measures, and Department of the Army permit under Preservation Officer under Section 106 alternatives. The corps will provide Section 404 of the Clean Water Act to of the National Historic Preservation Act coordination of the EIS process. construct a large-scale mixed-use regarding potential impacts to sites

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listed or eligible for listing on the from the drop-down list and follow the enhance competition across the pipeline National Register of Historic Places. instructions given. First time users will grid, on February 25, 2000, in Order No. The estimated date when the EIS will need to establish a user name and 637, the Commission revised its be made available to the public is password. The Commission will send an capacity release regulations regarding December 2008. automatic acknowledgement to the scheduling, segmentation and flexible Dated: March 7, 2007. sender’s e-mail address upon receipt of point rights, penalties, and reporting James A. Porter, comments. requirements. This resulted in more All comments may be viewed, printed reliable capacity information Lt. Col., Corps of Engineers, Deputy District or downloaded remotely via the Internet Engineer. availability and price data that shippers through the Commission’s homepage [FR Doc. 07–1287 Filed 3–15–07; 8:45 am] needed to make informed decisions in a using the eLibrary link. For user competitive market as well as to BILLING CODE 3710–EZ–M assistance, contact improve shipper’s and the [email protected] or toll-free Commission’s availability to monitor at (866) 208–3676 or for TTY, contact marketplace behavior. DEPARTMENT OF ENERGY (202) 502–8659. FOR FURTHER INFORMATION CONTACT: Index of Customers Federal Energy Regulatory Michael Miller may be reached by Commission In Order 581, issued September 28, telephone at (202) 502–8415, by fax at 1995, the Commission established the [Docket No. IC07–549B–000; FERC–549B] (202) 273–0873, and by e-mail at [email protected]. Index of Customers (IOC) information Commission Information Collection requirement. The Index of Customers SUPPLEMENTARY INFORMATION: The Activities, Proposed Collection; had two functions, first, for analyzing information collected under the Comment Request; Extension capacity held on pipelines and second, requirements of FERC–549B ‘‘Gas for providing capacity information to March 12, 2007. Pipeline Rates: Capacity Information’’ the market. The Index of Customers AGENCY: Federal Energy Regulatory (OMB No. 1902–0169) includes both the information aides the capacity release Commission, DOE. Index of Customers Report under 18 system by enabling shippers to identify ACTION: Notice. CFR 284.13(c) and capacity reporting and locate those holding capacity rights requirements under 18 CFR 284.13(b) that the shippers may want to acquire. SUMMARY: In compliance with the and 284.13(d). This information is used The information was required to be requirements of section 3506(c)(2)(a) of by the Commission to implement the posted on the pipeline’s EBB and filed the Paperwork Reduction Act of 1995 statutory provisions of sections 4, 5, and on electronic media with the (Pub. L. 104–13), the Federal Energy 16 of the NGA, 15 U.S.C. 717c–717o, PL Commission. This first Index contained, 75–688, 52 Stat. 822 and 830 and Title Regulatory Commission (Commission) is for all firm customers under contract as III of the NGPA, 15 U.S.C. 3301–3432, soliciting public comment on the of the first day of the calendar quarter, PL. 95–621. specific aspects of the information the full legal name of the shipper, the collection described below. Capacity Reports rate schedule number for which service DATES: Comments on the collection of On April 4, 1992, in Order No. 636, is contracted, the contract effective and information are due May 22, 2007. the Commission established a capacity expiration dates, and the contract ADDRESSES: Copies of sample filings of release mechanism under which quantities. the proposed collection of information shippers could release firm In Order 637, the Commission can be obtained from the Commission’s transportation and storage capacity on required the following additional Web site (http://www.ferc.gov/docs- either a short or long term basis to other information: the receipt and delivery filing/efiling.asp) or from the Federal shippers wanting to obtain capacity. points held under contract and the Energy Regulatory Commission, Attn: Pipelines posted available firm and zones or segments in which the capacity Michael Miller, Office of the Executive interruptible capacity information on is held; the common transaction point Director, ED–34, 888 First Street, NE., their electronic bulletin boards (EBBs) codes; the contract number; a shipper Washington, DC 20426. Comments may to inform potential shippers. On identification number, such as DUNS; be filed either in paper format or September 11, 1992, in Order No. 636– an indication whether the contract electronically. Those parties filing A, the Commission determined, through includes negotiated rates; the names of electronically do not need to make a staff audits, that the efficiency of the any agents or asset managers that paper filing. For paper filing, the capacity release mechanism could be control capacity in a pipeline rate zone; original and 14 copies of such enhanced by standardizing the content and any affiliate relationship between comments should be submitted to the and format of capacity release the pipeline and the holder of capacity. Secretary of the Commission, Federal information and the methods by which The Index is now provided through a Energy Regulatory Commission, 888 shippers access this information, posted quarterly filing on electronic media to First Street, NE., Washington, DC 20426 to EBBs. the Commission and is posted on and refer to Docket No. IC07–549B–000. On April 4, 1995, through Order 577 pipelines’ Internet Web sites. Documents filed electronically via the (RM95–5–000), the Commission Internet must be prepared in amended § 284.243(h) of its regulations Action: The Commission is requesting WordPerfect, MS Word, Portable to allow shippers the ability to release a three-year extension of the current Document Format, or ASCII format. To capacity without having to comply with expiration date, with no changes to the file the document, access the the Commission’s advance posting and existing collection of data. Commission’s Web site at http:// bidding requirements. Burden Statement: Public reporting www.ferc.gov, go to the tab labeled To create greater substitution between burden for this collection is estimated Documents and Filing, choose eFiling different forms of capacity and to as:

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Number of Number of Average burden respondents responses per hours per Total annual annually respondent response burden hours

(1) (2) (3) (1)×(2)×(3)

Capacity Rpts ...... Capacity Rpts: 6 ...... Capacity Rpts: 291 ...... Capacity Rpts: 179,838 & IOC: 103 ...... IOC: 4 ...... IOC: 3 ...... IOC: 1,236

Total: ...... 181,704

Estimated cost burden to respondents burden of the collection of information docket number field to access the is as follows: on those who are to respond, including document. For assistance, please contact Capacity reports: 179,838 hours/2080 the use of appropriate automated, FERC Online Support at work hours per year × $122,137 = electronic, mechanical, or other [email protected] or $10,560,035. technological collection techniques or Telephone: 202–502–6652; Toll-free: 1– Index of Customers (IOC): 1,236 other forms of information technology 866–208–3676; or for TTY, contact (202) hours/2080 work hours per year × e.g. permitting electronic submission of 502–8659. $122,137 = $72,578. Total Costs = responses. Any questions regarding these $10,632,613. The estimated annual cost applications should be directed to Philis Posey, per respondent is: Capacity Reports: Joseph H. Fagan of Heller Ehrman LLP, $102,525; Index of Customers: $705. Acting Secretary. 1717 Rhode Island Avenue, NW., The reporting burden includes the [FR Doc. E7–4809 Filed 3–15–07; 8:45 am] Washington, DC 20036–3001, or phone total time, effort, or financial resources BILLING CODE 6717–01–P (202) 912–2162, or FAX (202) 912–2020, expended to generate, maintain, retain, or e-mail disclose, or provide the information [email protected]. including: (1) Reviewing instructions; DEPARTMENT OF ENERGY Pursuant to Section 157.9 of the (2) developing, acquiring, installing, and Commission’s rules, 18 CFR 157.9, utilizing technology and systems for the Federal Energy Regulatory within 90 days of this Notice the purposes of collecting, validating, Commission Commission staff will either: complete verifying, processing, maintaining, [Docket Nos. CP07–94–000, CP07–96–000] its environmental assessment (EA) and disclosing and providing information; place it into the Commission’s public (3) adjusting the existing ways to Enstor Gulf Coast Storage, LLC; Notice record (eLibrary) for this proceeding; or comply with any previously applicable of Application issue a Notice of Schedule for instructions and requirements; (4) Environmental Review. If a Notice of training personnel to respond to a March 12, 2007. collection of information; (5) searching Take notice that on March 2, 2007, as Schedule for Environmental Review is data sources; (6) completing and supplemented on March 7, 2007, Enstor issued, it will indicate, among other reviewing the collection of information; Gulf Coast Storage, LLC (Enstor) 20333 milestones, the anticipated date for the (7) transmitting, or otherwise disclosing State Highway 249, Suite 400, Houston, Commission staff’s issuance of the final the information; and (8) requesting e.g. Texas 77070, filed (1) an application in environmental impact statement (FEIS) waiver or clarification of requirements. Docket No. CP07–94–000, pursuant to or EA for this proposal. The filing of the The estimate of cost for respondents section 7(c) of the NGA and the EA in the Commission’s public record is based upon salaries for professional Commission’s regulations, for a for this proceeding or the issuance of a and clerical support, as well as direct certificate of public convenience and Notice of Schedule for Environmental and indirect overhead costs. Direct costs necessity authorizing the operation of a Review will serve to notify Federal and include all costs directly attributable to Gulf Coast storage pool that will State agencies of the timing for the providing this information, such as aggregate storage capacity obtained from completion of all necessary reviews, and administrative costs and the cost for discrete affiliated and non-affiliated the subsequent need to complete all information technology. Indirect or service providers, and in combination Federal authorizations within 90 days of overhead costs are costs incurred by an with off-system interstate transportation the date of issuance of the Commission organization in support of its mission. capacity acquired on five interstate staff’s FEIS or EA. These costs apply to activities, which pipelines, will provide storage and in There are two ways to become benefit the whole organization rather Docket No. CP07–94–000 storage related involved in the Commission’s review of than any one particular function or services to the interstate market; and (2) this Project. First, any person wishing to activity. an application in Docket No. CP07–96– obtain legal status by becoming a party Comments are invited on: (1) Whether 000 for a blanket transportation to the proceeding for this project should the proposed collection of information certificate under Part 284 Subpart G of file with the Federal Energy Regulatory is necessary for the proper performance the Commission’s regulations, to Commission, 888 First Street, NE., of the functions of the Commission, provide open access storage and storage Washington, DC 20426, a motion to including whether the information will related services at market based rates intervene in accordance with the have practical utility; (2) the accuracy of with pregranted abandonment. requirements of the Commission’s Rules the agency’s estimate of the burden of These filings are available for review of Practice and Procedure (18 CFR the proposed collection of information, at the Commission’s Washington, DC 385.214 or 385.211) and the Regulations including the validity of the offices or may be viewed on the under the NGA (18 CFR 157.10) by the methodology and assumptions used; (3) Commission’s Web site at http:// comment date, below. A person ways to enhance the quality, utility and www.ferc.gov/ using the ‘‘e-Library’’ obtaining party status will be placed on clarity of the information to be link. Enter the docket number, the service list maintained by the collected; and (4) ways to minimize the excluding the last three digits, in the Secretary of the Commission and will

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receive copies of all documents filed by DEPARTMENT OF ENERGY the applicant and to every other party in the applicant and by all other parties. A the proceeding. Only parties to the party must submit 14 copies of filings Federal Energy Regulatory proceeding can ask for court review of made with the Commission and must Commission Commission orders in the proceeding. mail a copy to the applicant and to [Docket No. CP07–32–001] However, a person does not have to every other party in the proceeding. intervene in order to have comments Gulf South Pipeline Company, LP; Only parties to the proceeding can ask considered. The second way to Notice of Amended Application for court review of Commission orders participate is by filing with the in the proceeding. March 12, 2007. Secretary of the Commission, as soon as However, a person does not have to Take notice that on March 5, 2007, possible, an original and two copies of intervene to have comments considered. Gulf South Pipeline Company, LP (Gulf comments in support of or in opposition The second way to participate is by South), 20 East Greenway Plaza, to this project. The Commission will filing with the Secretary of the Houston, Texas 77046, filed in Docket consider these comments in Commission, as soon as possible, an No. CP07–32–001, an amendment to its determining the appropriate action to be original and two copies of comments in pending application pursuant to section taken, but the filing of a comment alone support of or in opposition to this 7(c) of the Natural Gas Act (NGA) in will not serve to make the filer a party project and/or associated pipeline. The which it seeks authorization to site, to the proceeding. The Commission’s Commission will consider these construct, and operate facilities rules require that persons filing comments in determining the proposed in Docket No. CP07–32–000 comments in opposition to the project filed December 11, 2006. In the appropriate action to be taken, but the provide copies of their protests only to amended application, Gulf South filing of a comment alone will not serve the party or parties directly involved in proposes to internally coat the pipe for to make the filer a party to the the entire length of the project, all as the protest. proceeding. The Commission’s rules more fully set forth in the application Persons who wish to comment only require that persons filing comments in which is on file with the Commission on the environmental review of this opposition to the project provide copies and open to public inspection. The project should submit an original and of their protests only to the party or Commission staff will determine if this two copies of their comments to the parties directly involved in the protest. amendment will have an effect on the Secretary of the Commission. Persons who wish to comment only schedule for the environmental review Environmental commenters will be on the environmental review of this of this project. If necessary, a revised placed on the Commission’s project should submit an original and Notice of Schedule for Environmental environmental mailing list, will receive two copies of their comments to the Review will be issued within 90 days of copies of the environmental documents, Secretary of the Commission. this Notice. The instant filing may be and will be notified of meetings Environmental commenters will be also viewed on the Web at http:// associated with the Commission’s www.ferc.gov using the ‘‘eLibrary’’ link. placed on the Commission’s environmental review process. Enter the docket number excluding the environmental mailing list, will receive Environmental commenters will not be last three digits in the docket number copies of the environmental documents, field to access the document. For required to serve copies of filed and will be notified of meetings assistance, call (866) 208–3676 or TTY, documents on all other parties. associated with the Commission’s (202) 502–8659. However, the non-party commenters environmental review process. Any questions regarding this will not receive copies of all documents Environmental commenters will not be application may be directed to J. Kyle filed by other parties or issued by the required to serve copies of filed Stephens, Director of Certificates, 20 Commission (except for the mailing of documents on all other parties. East Greenway Plaza, Houston, Texas environmental documents issued by the However, the non-party commenters 77046 or by telephone at 713–544–7309 Commission) and will not have the right will not receive copies of all documents or telecopy to 713–544–3540. to seek court review of the filed by other parties or issued by the There are two ways to become Commission’s final order. Commission (except for the mailing of involved in the Commission’s review of Motions to intervene, protests and this project. First, any person wishing to environmental documents issued by the comments may be filed electronically obtain legal status by becoming a party Commission) and will not have the right via the Internet in lieu of paper; see, 18 to the proceedings for this project to seek court review of the CFR 385.2001(a)(1)(iii) and the Commission’s final order. should, on or before the below listed comment date, file with the Federal instructions on the Commission’s Web Protests and interventions may be Energy Regulatory Commission, 888 site under the ‘‘e-Filing’’ link. The filed electronically via the Internet in First Street, NE., Washington, DC 20426, Commission strongly encourages lieu of paper; see 18 CFR a motion to intervene in accordance electronic filings. 285.2001(a)(1)(iii) and the instructions with the requirements of the Comment Date: April 2, 2007. on the Commission’s Web site under the Commission’s Rules of Practice and ‘‘e-filing’’ link. The Commission Procedure (18 CFR 385.214 or 385.211) Philis Posey, strongly encourages electronic filings. and the Regulations under the NGA (18 Acting Secretary. Comment Date: April 2, 2007. CFR 157.10). A person obtaining party [FR Doc. E7–4806 Filed 3–15–07; 8:45 am] status will be placed on the service list BILLING CODE 6717–01–P Philis J. Posey, maintained by the Secretary of the Acting Secretary. Commission and will receive copies of [FR Doc. E7–4807 Filed 3–15–07; 8:45 am] all documents filed by the applicant and BILLING CODE 6717–01–P by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Docket Numbers: ER03–478–015; ER06–200–008; ER07–240–003; ER06– Federal Energy Regulatory Federal Energy Regulatory 1093–002; ER03–951–011; ER03–416– Commission Commission 012; ER04–94–009; ER03–296–011; ER05–534–009; ER05–365–009; ER01– Combined Notice of Filings # 1 [Docket Nos. EL05–25–003, EL05–26–003, 3121–010; ER02–418–009; ER05–332– EL05–27–003] March 12, 2007. 009; ER02–417–009; ER05–1146–009; Take notice that the Commission ER05–481–009; ER03–1326–008; ER05– Southern Company Services, Inc.; received the following electric corporate 1262–006. Notice of Filing filings: Applicants: PPM Energy, Inc.; Big Horn Wind Project LLC; Twin Buttes March 12, 2007. Docket Numbers: EC07–65–000. Applicants: Astoria Energy LLC, SCS Wind LLC; Flat Rock Windpower II Take notice that on March 5, 2007 Energy, LLC, SUEZ Energy Development LLC; Moraine Wind LLC; Klondike Southern Company Services, Inc for NA, Inc., Suez Energy North America, Wind Power LLC; Mountain View itself and as agent for Alabama Power Inc. Power Partners III, LLC; Flying Cloud Company and Georgia Power Company Description: Astoria Energy LLC Power Partners, LLC; Eastern Desert filed a compliance report pursuant to submits an application for FERC Power LLC; Elk River Windfarm LLC; the Commission’s January 19, 2007 authorization for the indirect Klamath Energy LLC; Klamath Order. disposition of certain jurisdictional Generation LLC; Klondike Wind Power Any person desiring to intervene or to facilities & acquisition of securities. II LLC; Pheonix Wind Power LLC; protest this filing must file in Filed Date: 03/05/2007 Shiloh I Wind Project, LLC; Trimont accordance with Rules 211 and 214 of Accession Number: 20070309–0257. Wind I LLC; Colorado Green Holdings the Commission’s Rules of Practice and Comment Date: 5 p.m. Eastern Time LLC; Flat Rock Windpower LLC. Procedure (18 CFR 385.211, 385.214). on Monday, March 26, 2007. Description: PPM Energy, Inc. et al. Protests will be considered by the Take notice that the Commission submits a change in status resulting Commission in determining the received the following electric rate from an intra-corporate restructuring appropriate action to be taken, but will filings: under which PPM transferred its not serve to make protestants parties to Docket Numbers: ER99–2156–010; ownership interests in three wind the proceeding. Any person wishing to ER96–719–016; ER97–2801–016 energy companies to Aeolus Windpower become a party must file a notice of Applicants: Cordova Energy Company III LLC etc. intervention or motion to intervene, as LLC; MidAmerican Energy Company; Filed Date: 03/02/2007. appropriate. Such notices, motions, or PacifiCorp. Accession Number: 20070309–0563. protests must be filed on or before the Description: Cordova Energy Co, LLC Comment Date: 5 p.m. Eastern Time comment date. Anyone filing a motion et al submit a Notice of Change in Status on Friday, March 23, 2007. to intervene or protest must serve a copy in connection with MidAmerican Docket Numbers: ER04–925–015. of that document on the Applicant and Energy Co’s operation of additional Applicants: Merrill Lynch all the parties in this proceeding. generating resources. Commodities, Inc. The Commission encourages Filed Date: 03/02/2007. Description: Merrill Lynch Accession Number: 20070309–0240. electronic submission of protests and Commodities, Inc. informs the Comment Date: 5 p.m. Eastern Time interventions in lieu of paper using the Commission of a non-material change in on Friday, March 23, 2007. ‘‘eFiling’’ link at http://www.ferc.gov. the characteristics relied upon in Persons unable to file electronically Docket Numbers: ER01–205–019; granting them market-based rate should submit an original and 14 copies ER98–2640–017; ER98–4590–015; authorization under ER04–925. of the protest or intervention to the ER99–1610–023. Filed Date: 03/02/2007. Applicants: Xcel Energy Services Inc; Federal Energy Regulatory Commission, Accession Number: 20070306–0203. Northern States Power Company and 888 First Street, NE., Washington, DC Comment Date: 5 p.m. Eastern Time Northern States Power Company 20426. on Friday, March 23, 2007. (Wisconsin); Public Service Company of This filing is accessible on-line at Colorado; Southwestern Public Service Docket Numbers: ER06–731–005. Applicants: Midwest Independent http://www.ferc.gov, using the Company. ‘‘eLibrary’’ link and is available for Description: Xcel Energy Services Inc Transmission System Operator, Inc. review in the Commission’s Public on behalf of Southwestern Public Description: Midwest Independent Reference Room in Washington, DC. Service Company submits a change in Transmission System Operator, Inc. There is an ‘‘eSubscription’’ link on the status report relating to its market-based submits amendments to its 1/22/07 Web site that enables subscribers to rate authority. filing regarding the Broad Constrained receive e-mail notification when a Filed Date: 03/02/2007. Area Mitigation pursuant to FERC’s 12/ document is added to a subscribed Accession Number: 20070309–0567. 21/06 Letter Order. docket(s). For assistance with any FERC Comment Date: 5 p.m. Eastern Time Filed Date: 03/02/2007. Online service, please e-mail on Friday, March 23, 2007. Accession Number: 20070306–0206. [email protected], or call Docket Numbers: ER02–2560–008. Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call Applicants: Louisville Gas & Electric on Friday, March 23, 2007. (202) 502–8659. Company/KU. Docket Numbers: ER07–284–002. Comment Date: 5 p.m. Eastern Time Description: Louisville Gas & Electric Applicants: San Diego Gas & Electric on March 26, 2007. Co/Kentucky Utilities Co submits a Company. compliance refund report. Description: San Diego Gas & Electric Philis J. Posey, Filed Date: 03/08/2007. Company submits Volumes 2 & 6 to its Acting Secretary. Accession Number: 20070308–5071. compliance filing pursuant to FERC’s 1/ [FR Doc. E7–4808 Filed 3–15–07; 8:45 am] Comment Date: 5 p.m. Eastern Time 31/07 order. BILLING CODE 6717–01–P on Thursday, March 29, 2007. Filed Date: 03/02/2007.

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Accession Number: 20070309–0182. to filings initiating a new proceeding, Washington, DC 20426, in the Comment Date: 5 p.m. Eastern Time interventions or protests submitted on Commission Meeting Room. It will on Friday, March 23, 2007. or before the comment deadline need begin at 9 a.m. and end at 4:45 p.m. Docket Numbers: ER07–319–001. not be served on persons other than the Eastern time. Commissioners will attend Applicants: Southwest Power Pool. Applicant. and participate in the conference. Description: Southwest Power Pool, The Commission encourages Members of the public may attend and Inc submits Exhibits I and II as Fourth electronic submission of protests and registration is not required. Revised Sheet 618 to FERC Electric interventions in lieu of paper, using the Transcripts of the conference will be Tariff, Fourth Revised Volume 1 an FERC Online links at http:// available from Ace Reporting Company errata to the 3/2/07 compliance filing, www.ferc.gov. To facilitate electronic (202–347–3700 or 1–800–336–6646) for effective 2/1/07. service, persons with Internet access a fee. They will be available for the Filed Date: 03/06/2007. who will eFile a document and/or be public on the Commission’s eLibrary Accession Number: 20070309–0234. listed as a contact for an intervenor system seven calendar days after FERC Comment Date: 5 p.m. Eastern Time must create and validate an receives the transcript. on Tuesday, March 27, 2007. eRegistration account using the A free Webcast of this event will be Docket Numbers: ER07–587–000. eRegistration link. Select the eFiling link to log on and submit the available through http://www.ferc.gov. Applicants: Xcel Energy Operating Anyone with Internet access who Companies. intervention or protests. Persons unable to file electronically desires to view this event can do so by Description: Xcel Energy Services, navigating to http://www.ferc.gov’s Inc. on behalf of Public Service Co of should submit an original and 14 copies of the intervention or protest to the Calendar of Events and locating this Colorado submits a Standard Large event in the Calendar. The event will Generation Interconnection Agreement Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC contain a link to its Webcast. The with Peetz Logan Interconnect, LLC. Capitol Connection provides technical Filed Date: 03/02/2007. 20426. support for the free Webcasts. It also Accession Number: 20070306–0239. The filings in the above proceedings offers access to this event via television Comment Date: 5 p.m. Eastern Time are accessible in the Commission’s in the DC area and via Phone Bridge for on Friday, March 23, 2007. eLibrary system by clicking on the appropriate link in the above list. They a fee. If you have any questions, visit Docket Numbers: ER07–605–000. http://www.CapitolConnection.org or Applicants: HLM Energy LLC. are also available for review in the Commission’s Public Reference Room in contact Danielle Perkowski or David Description: HLM Energy, LLC Reininger at 703–993–3100. submits a notice of cancellation of Washington, DC. There is an Original Sheet 1–2 to FERC Electric eSubscription link on the Web site that Commission conferences are Tariff, Volume 1 pursuant to Sections enables subscribers to receive email accessible under section 508 of the 35.15 and 131.53 of FERC’s Regulations. notification when a document is added Rehabilitation Act of 1973. For Filed Date: 03/07/2007. to a subscribed dockets(s). For accessibility accommodations please Accession Number: 20070309–0558. assistance with any FERC Online send an e-mail to [email protected], Comment Date: 5 p.m. Eastern Time service, please e-mail or call toll free 1–866–208–3372 (voice) on Wednesday, March 28, 2007. [email protected] or call or 202–208–1659 (TTY), or send a FAX Docket Numbers: ER07–604–000. (866) 208–3676 (toll free). For TTY, call to 202–208–2106 with the required Applicants: Southern California (202) 502–8659. accommodations. Edison Company. Philis J. Posey, For more information about this conference, please contact: Udi Helman, Description: Southern California Acting Secretary. Edison Co submits a Large Generator Office of Energy Markets and Reliability, [FR Doc. E7–4816 Filed 3–15–07; 8:45 am] Interconnection Agreement w/ El Federal Energy Regulatory Commission, Segundo Power II LLC et al. pursuant to BILLING CODE 6717–01–P 888 First Street, NE., Washington, DC Section 35.13 of FERC’s Regulations. 20426, 202–502–8080, Filed Date: 03/08/2007. DEPARTMENT OF ENERGY [email protected]. Accession Number: 20070309–0561. Philis J. Posey, Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Acting Secretary. on Thursday, March 29, 2007. Commission [FR Doc. E7–4805 Filed 3–15–07; 8:45 am] Any person desiring to intervene or to [Docket No. AD06–9–000] protest in any of the above proceedings BILLING CODE 6717–01–P must file in accordance with Rules 211 RTO Border Utility Issues; and 214 of the Commission’s Rules of Supplemental Notice of Technical DEPARTMENT OF ENERGY Practice and Procedure (18 CFR 385.211 Conference on Seams Issues for RTOs and 385.214) on or before 5 p.m. Eastern and ISOs in the Eastern Federal Energy Regulatory time on the specified comment date. It Interconnection Commission is not necessary to separately intervene again in a subdocket related to a March 12, 2007. Revised Notice for Commission Open compliance filing if you have previously On January 25, 2007, the Federal Meeting on March 15, 2007 intervened in the same docket. Protests Energy Regulatory Commission issued a will be considered by the Commission notice that on March 29, 2007, the March 13, 2007. in determining the appropriate action to Commission will convene a technical On March 8, 2007, the Commission be taken, but will not serve to make conference on RTO and ISO seams issued a Notice pursuant to the protestants parties to the proceeding. issues in the Eastern Interconnection. Government in the Sunshine Act, 5 Anyone filing a motion to intervene or The technical conference will be held at U.S.C. 552b, announcing the agenda for protest must serve a copy of that the Federal Energy Regulatory the Commission’s open meeting to be document on the Applicant. In reference Commission, 888 First Street, NE., held on March 15, 2007.

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Take notice that the docket numbers of prohibited and exempt off-the-record having made a prohibited off-the-record for the item listed as ‘‘C–4’’ are revised communications. communication shall serve the to read as follows: Order No. 607 (64 FR 51222, document on all parties listed on the ‘‘C–4 CP06–448–000 and CP06–449– September 22, 1999) requires official service list for the applicable 000’’. Commission decisional employees, who proceeding in accordance with Rule A corrected version of the Sunshine make or receive a prohibited or exempt 2010, 18 CFR 385.2010. Notice for the March 15, 2007 open off-the-record communication relevant Exempt off-the-record meeting will be posted in the to the merits of a contested proceeding, communications are included in the Commission’s eLibrary system and the to deliver to the Secretary of the decisional record of the proceeding, Commission’s Web site. Commission, a copy of the unless the communication was with a communication, if written, or a This Notice is issued pursuant to the cooperating agency as described by 40 summary of the substance of any oral Government in the Sunshine Act, 5 CFR 1501.6, made under 18 CFR communication. U.S.C. 552b. Chairman Kelliher, 385.2201(e)(1)(v). Commissioners Kelly, Spitzer, Moeller Prohibited communications are and Wellinghoff, voted to issue this included in a public, non-decisional file The following is a list of off-the- notice on March 9, 2007. associated with, but not a part of, the record communications recently received by the Secretary of the Philis J. Posey, decisional record of the proceeding. Unless the Commission determines that Commission. The communications Acting Secretary. the prohibited communication and any listed are grouped by docket numbers in [FR Doc. E7–4836 Filed 3–15–07; 8:45 am] responses thereto should become a part ascending order. These filings are BILLING CODE 6717–01–P of the decisional record, the prohibited available for review at the Commission off-the-record communication will not in the Public Reference Room or may be DEPARTMENT OF ENERGY be considered by the Commission in viewed on the Commission’s Web site at reaching its decision. Parties to a http://www.ferc.gov using the eLibrary Federal Energy Regulatory proceeding may seek the opportunity to link. Enter the docket number, Commission respond to any facts or contentions excluding the last three digits, in the made in a prohibited off-the-record docket number field to access the [Docket No. RM98–1–000] communication, and may request that document. For assistance, please contact Records Governing Off-the Record the Commission place the prohibited FERC, Online Support at Communications; Public Notice communication and responses thereto [email protected] or toll in the decisional record. The free at (866)208–3676, or for TTY, March 12, 2007. Commission will grant such a request contact (202)502–8659. This constitutes notice, in accordance only when it determines that fairness so with 18 CFR 385.2201(b), of the receipt requires. Any person identified below as

Date Docket no. received Presenter or requester

Prohibited: 1. CP07–62–000 ...... 2–21–07 Ruth Coleman. CP07–63–000 ...... CP07–64–000 ...... CP07–65–00 ...... Exempt: 1. CP98–150–000 ...... 2–14–07 Hon Michael A. Arcuri. 2. CP06–615–000 ...... 3–5–07 David Hanobic. 3. CP06–354–000 ...... 3–5–07 David Swearington. 4. CP06–421–000 ...... 2–17–07 Hon. Frank R. Wolf1. 5. CP07–8–000 ...... 3–8–07 Joel A. Trick. 6. CP07–62–000, et al...... 2–14–07 Hon. Joseph J. Minnick. 7. CP07–62–000, et al...... 2–14–07 Hon. John Olsezewski, Sr. 8. ER07–427–000 ...... 2–14–07 Hon. Judith F. Judson. Hon. James Connelly. Hon. W. Robert Keating. Hon. Soo J. Kim. 9. Project No. 2197–008 ...... 3–1–07 Jennifer and James H. Farmer, Jr. 1One of three letters from the Honorable Frank R. Wolf filed 2/21/07, 3/5/07 and 3/6/07, in Docket No. CP06–421–000.

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Philis J. Posey, Agency Information Collection publication in the Federal Register or Acting Secretary. Activities: Request for Comments on by other appropriate means, such as on [FR Doc. E7–4810 Filed 3–15–07; 8:45 am] Thirty Two Proposed Information the related collection instrument or BILLING CODE 6717–01–P Collection Requests, EPA sought form, if applicable. The display of OMB comments on this ICR pursuant to 5 control numbers in certain EPA CFR 1320.8(d). EPA received no regulations is consolidated in 40 CFR ENVIRONMENTAL PROTECTION comments. part 9. AGENCY EPA has established a public docket Abstract: The Environmental for this ICR under Docket ID No. OECA– Protection Agency (EPA) is required [EPA–HQ–OECA–2006–0442; FRL–8288–6] 2006–0442, which is available for public under section 111 of the Clean Air Act, viewing on line at http:// as amended, to collect data. The Agency Information Collection www.regulations.gov in person viewing information will be used by Agency Activities: Submission to OMB for at the Enforcement and Compliance enforcement personnel to (1) identify Review and Approval; Comment Docket in the EPA Docket Center (EPA/ existing sources subject to these Request: NSPS for Commercial and DC), EPA West, Room 3334, 1301 standards; (2) ensure that Best Industrial Solid Waste Incineration Constitution Avenue, NW., Washington, Demonstrated Technology is being Units (Renewal), EPA ICR Number DC. The EPA Docket Center Public properly applied; and (3) ensure that the 1926.04, OMB Control Number 2060– Reading Room is open from 8:30 a.m. to emission control device is being 0450 4:30 p.m., Monday through Friday, properly operated and maintained on a AGENCY: Environmental Protection excluding legal holidays. The telephone continuous basis. In addition, records Agency (EPA). number for the Reading Room is (202) and reports are necessary to enable the ACTION: Notice. 566–1744, and the telephone number for EPA to identify those site remediation the Enforcement and Compliance facilities that may not be in compliance SUMMARY: In compliance with the Docket and Information Center is (202) with these standards. Based on reported Paperwork Reduction Act (44 U.S.C. 566–1927. information, the EPA can decide which 3501 et seq.), this document announces Use EPA’s electronic docket and facilities should be inspected and what that an Information Collection Request comments system at http:// records or processes should be (ICR) has been forwarded to the Office www.regulations.gov to submit or view inspected at the facilities. The records of Management and Budget (OMB) for public comments, access the index that site remediation facilities maintain review and approval. This ICR which is listing of the contents of the public would indicate to the EPA whether the abstracted below, describes the nature of docket, and to access those documents personnel are operating and maintaining the information collection and its in the public docket that are available control equipment properly. The type of expected burden and cost. electronically. Once in the system, data required is principally emissions DATES: Additional comments may be select ‘‘search,’’ then key in the docket data (through parametric monitoring) submitted on or before April 16, 2007. ID number identified above. Please note and would not be confidential. If any that EPA’s policy that public comments, ADDRESSES: Submit your comments, information is submitted to the EPA for whether submitted electronically or in referencing docket ID number EPA–HQ– which a claim of confidentiality is paper, will be made available for public OECA–2006–0442, to (1) EPA online made, the information would be viewing at http://www.regulations.gov, using www.regulation.gov (our preferred safeguarded according to the Agency as EPA receives them and without method) or by e-mail to policies set forth in 40 CFR, chapter 1, change, unless the comment contains [email protected], or by mail to: EPA part 2, subpart B. copyrighted material, Confidential An agency may not conduct or Docket Center (EPA/DC), Environmental Business Information (CBI), or other sponsor, and a person is not required to Protection Agency, Enforcement and information whose public disclosure is respond to, a collection of information Compliance Docket and Information restricted by statute. For further unless it displays a currently valid OMB Center, Mail Code 2201T, 1200 information about the electronic docket, control number. The OMB control Pennsylvania Avenue, NW., go to http://www.regulations. numbers for EPA’s regulations are listed Washington, DC 20460, and (2) OMB at: Title: NSPS for Commercial and in 40 CFR part 9. The Federal Register Office of Information and Regulatory Industrial Solid Waste Incineration document required under 5 CFR Affairs, Office of Management and Units (Renewal). 1320.8(d), soliciting comments on this Budget (OMB), Attention Desk Officer ICR Numbers: EPA ICR Number collection of information was published for EPA, 725 17th Street, NW., 1926.04, OMB Control Number 2060– on June 21, 2006. No comments were Washington, DC 20503. 0450. received. FOR FURTHER INFORMATION CONTACT: ICR Status: This is a request to renew Burden Statement: The annual public With questions about this ICR, contact an existing approved collection that is reporting and recordkeeping burden for Zofia Kosim, Air Enforcement Division, scheduled to expire on March 31, 2007. this collection of information is Office of Civil Enforcement, Mail Code Under the OMB regulations, the Agency estimated to average 250 hours per 2242A, Environmental Protection may continue to conduct or sponsor the response. Burdens means the total time, Agency, 1200 Pennsylvania Avenue, collection of information while this effort, or financial resources expended NW., Washington, DC 20460; telephone submission is pending at OMB. An by persons to generate, maintain, retain, number: (202) 564–8733; fax number: Agency may not conduct or sponsor, or disclose or provide information to or (202) 564–0068; e-mail address: and a person is not required to respond for a Federal agency. This includes the [email protected]. Refer to EPA ICR to, a collection of information unless it time needed to review instructions; Number 1926.04. displays a currently valid OMB control develop, acquire, install, and utilize SUPPLEMENTARY INFORMATION: EPA has number. The OMB control numbers for technology and systems for the purposes submitted the following ICR to OMB for EPA’s regulations in title 40 of the CFR, of collecting, validating, and verifying review and approval according to the after appearing in the Federal Register information, processing and procedures prescribed in 5 CFR 1320.12. when approved, are listed in 40 CFR maintaining information, and disclosing On June 21, 2006, (71 FR 35652), part 9, and displayed either by and providing information; adjust the

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existing ways to comply with any ADDRESSES: Submit your comments, copyrighted material, CBI, or other previously applicable instructions and referencing Docket ID No. EPA–HQ– information whose public disclosure is requirements; train personnel to be able OAR–2006–0482 to (1) EPA online restricted by statute. For further to respond to a collection of using www.regulations.gov (our information about the electronic docket, information; search data sources; preferred method), by e-mail to a-and- go to www.regulations.gov. complete and review the collection of [email protected], or by mail to: EPA Title: Mobile Air Conditioner information; and transmit or otherwise Docket Center, Environmental Retrofitting Program (Renewal). disclose the information. Protection Agency, Air and Radiation ICR numbers: EPA ICR No. 1774.04, Respondents/Affected Entities: Docket, Mail Code 6102T, 1200 OMB Control No. 2060–0350. Commercial and Industrial Solid Waste Pennsylvania Ave., NW., Washington, ICR Status: This ICR is scheduled to Incineration Units. DC 20460, and (2) OMB by mail to: expire on March 31, 2007. Under OMB Estimated Number of Respondents: Office of Information and Regulatory regulations, the Agency may continue to 31. Affairs, Office of Management and conduct or sponsor the collection of Frequency of Response: Initial, on Budget (OMB), Attention: Desk Officer information while this submission is occasion, semiannual, annual. for EPA, 725 17th Street, NW., pending at OMB. An Agency may not Estimated Total Annual Hour Burden: Washington, DC 20503. conduct, or sponsor, and a person is not 11,246. FOR FURTHER INFORMATION CONTACT: required to respond to, a collection of Estimated Total Annual Cost: Karen Thundiyil, Stratospheric information, unless it displays a $1,029,920 which includes $2,240 Protection Division, Office of Air and currently valid OMB control number. Annualized Capital Start up Costs, Radiation, Mail Code 6205J, The OMB control numbers for EPA’s regulations in Title 40 of the CFR, after $6,330 Annualized Operations & Environmental Protection Agency, 1200 appearing in the Federal Register when Maintenance (O&M), and $1,021,350 Pennsylvania Ave., NW., Washington, approved, are listed in 40 CFR part 9, Annualized Labor Costs. DC 20460; telephone number: (202) are displayed either by publication in Changes in the Estimates: There is a 343–9464; fax number: (202) 343–2363; the Federal Register, or by other decrease in cost from the most recently e-mail address: appropriate means, such as on the approved ICR due to the revised number [email protected]. of sources. There is also an overall related collection instrument or form, if SUPPLEMENTARY INFORMATION: EPA has reduction in burden because the applicable. The display of OMB control submitted the following ICR to OMB for estimated growth rate for the industry numbers in certain EPA regulations is review and approval according to the was reduced from six to one per year. consolidated in 40 CFR part 9. procedures prescribed in 5 CFR 1320.12. For the same reason, the capital startup Abstract: EPA’s Significant New On June 15, 2006 (71 FR 34604), EPA costs are lower. Alternatives Policy (SNAP) program sought comments on this ICR pursuant implements section 612 of the 1990 Dated: March 8, 2007. to 5 CFR 1320.8(d). EPA received no Clean Air Act Amendments which Oscar Morales, comments. Any additional comments on authorized the Agency to establish Director, Collection Strategies Division. this ICR should be submitted to EPA regulatory requirements to insure that [FR Doc. E7–4855 Filed 3–15–07; 8:45 am] and OMB within 30 days of this notice. ozone depleting substances would be BILLING CODE 6560–50–P EPA has established a public docket replaced by alternatives that reduce for this ICR under Docket ID No. EPA– overall risks to human health and the HQ–OAR–2006–0482, which is environment, and to promote an ENVIRONMENTAL PROTECTION available for online viewing at expedited transition to safe substitutes. AGENCY www.regulations.gov, or in person To promote this transition, the Act viewing at the Air Docket in the EPA [EPA–HQ–OAR–2006–0482; FRL–8288–4] specified that EPA establish an Docket Center (EPA/DC), EPA West, information clearinghouse of available Agency Information Collection Room 3334, 1301 Constitution Ave., alternatives, and coordinate with other Activities; Proposed Collection; NW., Washington, DC. The EPA/DC Federal agencies and the public on Comment Request; Mobile Air Public Reading Room is open from 8 research, procurement practices, and Conditioner Retrofitting Program a.m. to 4:30 p.m., Monday through information and technology transfers. (Renewal), EPA–ICR No. 1774.04, OMB Friday, excluding legal holidays. The Since the program’s inception in Control No. 2060–0350 telephone number for the Reading Room 1994, SNAP has reviewed over 400 new is 202–566–1744, and the telephone chemicals and alternative AGENCY: Environmental Protection number for the Air Docket is 202–566– manufacturing processes for a wide Agency (EPA). 1742. range of consumer, industrial, space ACTION: Notice. Use EPA’s electronic docket and exploration, and national security comment system at applications. Roughly 90% of SUMMARY: In compliance with the www.regulations.gov, to submit or view alternatives submitted to EPA for review Paperwork Reduction Act (PRA)(44 public comments, access the index have been listed as acceptable for a U.S.C. 3501 et seq.), this document listing of the contents of the docket, and specific use, typically with some announces that an Information to access those documents in the docket condition, or limit to minimize risks to Collection Request (ICR) has been that are available electronically. Once in human health and the environment. forwarded to the Office of Management the system, select ‘‘docket search,’’ then Regulation promulgated under SNAP and Budget (OMB) for review and key in the docket ID number identified requires that mobile air conditioners approval. This is a request to renew an above. Please note that EPA’s policy is (MAC) retrofitted to use a SNAP existing approved collection. The ICR, that public comments, whether substitute refrigerant include basic which is abstracted below, describes the submitted electronically or in paper, information on a label to be affixed to nature of the information collection and will be made available for public the air conditioner. The label includes its estimated burden and cost. viewing at www.regulations.gov as EPA the name of the substitute refrigerant, DATES: Additional comments may be receives them and without change, when and by whom the retrofit was submitted on or before April 16, 2007. unless the comment contains performed, environmental and safety

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information about the substitute Dated: March 10, 2007. SUPPLEMENTARY INFORMATION: EPA has refrigerant, and other information. This Oscar Morales, submitted the following ICR to OMB for information is needed so that Director, Collection Strategies Division. review and approval according to the subsequent technicians working on the [FR Doc. E7–4856 Filed 3–15–07; 8:45 am] procedures prescribed in 5 CFR 1320.12. MAC system will be able to service the BILLING CODE 6560–50–P On June 21, 2006 (71 FR 35652), EPA equipment properly, decreasing the sought comments on this ICR pursuant likelihood of significant refrigerant to 5 CFR 1320.8(d). EPA received no cross-contamination and potential ENVIRONMENTAL PROTECTION comments. Any additional comments on failure of air conditioning systems and AGENCY this ICR should be submitted to EPA recovery/recycling equipment. and OMB within 30 days of this notice. [EPA–HQ–OECA–2006–0449; FRL–8288–5] Burden Statement: The annual public EPA has established a public docket for this ICR under docket ID number reporting and recordkeeping burden for Agency Information Collection EPA–HQ–OECA–2006–0449, which is this collection of information is Activities; Submission to OMB for available for public viewing online at estimated to average 0.08 hours per Review and Approval; Comment http://www.regulations.gov, in person response. Burden means the total time, Request; NSPS for Standards of viewing at the Enforcement and effort, or financial resources expended Performance for Storage Vessels for by persons to generate, maintain, retain, Compliance Docket in the EPA Docket Petroleum Liquids for Which Center (EPA/DC), EPA West, Room or disclose or provide information to or Construction, Reconstruction or for a Federal agency. This includes the 3334, 1301 Constitution Avenue, NW., Modification Commenced After June Washington, DC. The EPA Docket time needed to review instructions; 11, 1973, and Prior to May 19, 1978 develop, acquire, install, and utilize Center Public Reading Room is open (Renewal), EPA ICR Number 1797.04, from 8:30 a.m. to 4:30 p.m., Monday technology and systems for the purposes OMB Control Number 2060–0442 through Friday, excluding legal of collecting, validating, and verifying holidays. The telephone number for the information, processing and AGENCY: Environmental Protection Reading Room is (202) 566–1744, and maintaining information, and disclosing Agency. the telephone number for the and providing information; adjust the ACTION: Notice. Enforcement and Compliance Docket is existing ways to comply with any SUMMARY: In compliance with the (202) 566–1927. previously applicable instructions and Use EPA’s electronic docket and requirements which have subsequently Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces comment system at http:// changed; train personnel to be able to www.regulations.gov, to submit or view respond to a collection of information; that an Information Collection Request (ICR) has been forwarded to the Office public comments, access the index search data sources; complete and listing of the contents of the docket, and review the collection of information; of Management and Budget (OMB) for review and approval. This is a request to access those documents in the docket and transmit or otherwise disclose the that are available electronically. Once in information. to renew an existing approved collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then Respondents/Affected Entities: below describes the nature of the key in the docket ID number identified Vehicle Air Conditioning Repair collection and the estimated burden and above. Please note that EPA’s policy is Facilities. cost. that public comments, whether submitted electronically or in paper, Estimated Number of Respondents: DATES: Additional comments may be 87,000. submitted on or before April 16, 2007. will be made available for public Frequency of Response: Once per and viewing at http://www.regulations.gov, ADDRESSES: Submit your comments, as EPA receives them and without upon retrofit of a motor vehicle air referencing docket ID number EPA–HQ– conditioner. change, unless the comment contains OECA–2006–0449, to (1) EPA online copyrighted material, CBI, or other Estimated Total Annual Hour Burden: using www.regulations.gov (our 27,778. information whose public disclosure is preferred method), or by e-mail to restricted by statute. For further Estimated Total Annual Cost: [email protected], or by mail to: EPA information about the electronic docket, $2,011,111, which includes zero capital Docket Center (EPA/DC), Environmental go to www.regulations.gov. startup cost, $33,333 annualized O&M Protection Agency, Enforcement and Title: NSPS for Standards of costs and $ 1,977,778 annual labor cost. Compliance Docket and Information Performance for Storage Vessels for Changes in the Estimates: There is a Center, mail code 2201T , 1200 Petroleum Liquids for which decrease of 55,555 hours in the total Pennsylvania Avenue, NW., Construction, Reconstruction or estimated burden currently identified in Washington, DC 20460, and (2) OMB at: Modification Commenced after June 11, the OMB Inventory of Approved ICR Office of Information and Regulatory 1973, and prior to May 19, 1978 Burdens. This decrease is because the Affairs, Office of Management and (Renewal). number of cars that could be retrofitted Budget (OMB), Attention: Desk Officer ICR Numbers: EPA ICR Number to use a SNAP substitute refrigerant is for EPA, 725 17th Street, NW., 1797.04, OMB Control Number 2060– decreasing. New cars sold before 1994 Washington, DC 20503. 0442. contain CFC–12 air conditioning FOR FURTHER INFORMATION CONTACT: ICR Status: This ICR is scheduled to systems and the number of those cars in Marı´a Malave´, Compliance Assessment expire on March 31, 2007. Under OMB operation has decreased since this last and Media Programs Division (Mail regulations, the Agency may continue to ICR renewal. (New cars sold after 1994 Code 2223A), Office of Compliance, conduct or sponsor the collection of contain a SNAP substitute refrigerant Environmental Protection Agency, 1200 information while this submission is and do not need to be retrofitted.) With Pennsylvania Avenue, NW., pending at OMB. An Agency may not fewer CFC–12 cars (pre-1994 cars) on Washington, DC 20460; telephone conduct or sponsor, and a person is not the road, there are fewer cars that will number: (202) 564–7027; fax number: required to respond to, a collection of be retrofitted to a new SNAP approved (202) 564–0050; e-mail address: information unless it displays a refrigerant and subject to this ICR. [email protected]. currently valid OMB control number.

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The OMB control numbers for EPA’s Any owner or operator subject to the requirements and there is no significant regulations in title 40 of the CFR, after provisions of this part shall maintain a industry growth, the slight increase in appearing in the Federal Register when file of these measurements, and retain the labor hours is only due to the approved, are listed in 40 CFR part 9, the file for at least two years following inclusion of managerial and clerical and displayed either by publication in the date of such measurements, hours and updating of the technical the Federal Register or by other maintenance reports, and records. All labor rate. In addition, there is no appropriate means, such as on the reports are sent to the delegated state or change in the annualized cost in this related collection instrument or form, if local authority. In the event that there renewal when compared to the previous applicable. The display of OMB control is no such delegated authority, the ICR. numbers in certain EPA regulations is reports are sent directly to the United Dated: March 7, 2007. consolidated in 40 CFR part 9. States Environmental Protection Agency Oscar Morales, Abstract: The New Source (EPA) regional office. Performance Standards (NSPS) for Burden Statement: The annual public Director, Collection Strategies Division. Storage Vessels for Petroleum Liquids reporting and recordkeeping burden for [FR Doc. E7–4857 Filed 3–15–07; 8:45 am] for which Construction, Reconstruction this collection of information is BILLING CODE 6560–50–P or Modification Commenced after June estimated to average 3.5 hours per 11, 1973, and prior to May 19, 1978 response. Burden means the total time, were proposed on June 11, 1973, and effort, or financial resources expended ENVIRONMENTAL PROTECTION promulgated on March 8, 1974. These by persons to generate, maintain, retain, AGENCY regulations apply to facilities that store or disclose or provide information to or petroleum liquids in storage vessels for a Federal agency. This includes the [ER–FRL–6685–1] with a storage capacity greater than time needed to review instructions; 151,416 liters (40,000 gallons) develop, acquire, install, and utilize Environmental Impact Statements and including: storage vessels with capacity technology and systems for the purposes Regulations; Availability of EPA greater than 151,416 liters (40,000 of collecting, validating, and verifying Comments gallons) but not exceeding 246,052 liters information, processing and Availability of EPA comments (65,000 gallons), and where maintaining information, and disclosing prepared pursuant to the Environmental construction or modification and providing information; adjust the Review Process (ERP), under section commenced after March 8, 1974, and existing ways to comply with any 309 of the Clean Air Act and Section prior to May 19, 1978; and storage previously applicable instructions and 102(2)(c) of the National Environmental vessels that have a capacity greater than requirements which have subsequently Policy Act as amended. Requests for 246,052 liters (65,000 gallons), and changed; train personnel to be able to copies of EPA comments can be directed where construction or modification respond to a collection of information; to the Office of Federal Activities at commenced after June 11, 1973, and search data sources; complete and 202–564–7167. prior to May 19, 1978. Facilities that are review the collection of information; An explanation of the ratings assigned not subject to these standards are and transmit or otherwise disclose the to draft environmental impact storage vessels of petroleum or information. statements (EISs) was published in FR condensate stored, processed, and/or Respondents/Affected Entities: dated April 7, 2006 (71 FR 17845). treated at a drilling and production Owners or operators of facilities that facility prior to custody transfer. This store petroleum liquids for which Draft EISs information is being collected to assure construction, reconstruction or EIS No. 20060431, ERP No. D–COE– compliance with 40 CFR part 60, modification commenced after June 11, E67005–NC, PCS Phosphate Mine subpart K. 1973, and prior to May 19, 1978. Continuation, Proposes Continued In general, all NSPS standards require Estimated Number of Respondents: Mining of the Phosphate Reserve in initial notifications, performance tests, 220. and periodic reports. Affected facilities Frequency of Response: Initially, on an Economically Viable Fashion, report only if a storage vessel is no Occasion. Beaufort County, NC longer subject to 40 CFR part 60, subpart Estimated Total Annual Hour Burden: Summary: EPA objected to issuance of K and will become subject to the current 769 hours. a permit for the applicant-preferred storage vessel standard, 40 CFR part 60, Estimated Total Annualized Cost: alternative, which would impact 2,408 subpart Kb. The NSPS subpart K $65,142, which includes $0 annualized acres of waters/wetlands of the U.S. and standards also require the owner/ capital startup costs, $0 Operating and 7.3 miles of streams. EPA noted that the operator to document (recordkeeping) Maintenance Costs (O&M) and $65,142 applicant-preferred alternative is the the activities of the storage period, the annual labor costs. most environmentally damaging of the maximum true vapor pressure, and the Changes in the Estimates: There is a alternatives that were evaluated and type of petroleum liquid stored. This small increase of 100 in the labor hours would represent one of the largest information is recorded only when a and no change in the annualized cost, wetland acreage loss ever permitted in petroleum liquid is changed in the which includes capital/startup and North Carolina. EPA encouraged the storage vessel. Owners or operators are operation and maintenance costs, in this Corps to determine if there may be also required to maintain records of the ICR compared to the previous ICR. This another alternative that would have less occurrence and duration of any startup, is due to two considerations. First, the environmental impact and still be shutdown, or malfunction in the regulations have not changed over the practicable, and recommended specific operation of an affected facility, or any past three years and are not anticipated refinements to other alternatives. EPA period during which the monitoring to change over the next three years. requested information in the Final EIS, system is inoperative. These Secondly, the growth rate for the including additional information about notifications, reports, and records are industry is very low, negative or non- the economic analyses, determination of essential in determining compliance, existent, so there is no significant appropriate stream mitigation ratios, and required of all sources subject to change in the overall burden. Since clarification of phosphogypsum stack NSPS. there are no changes in the regulatory impacts on surficial aquifers, and

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mitigation of elevated cadmium in potential cumulative impacts to water ENVIRONMENTAL PROTECTION reclamation sites. levels; therefore, EPA does not object to AGENCY the proposed relicensing. Rating EO2. [ER–FRL–6684–9] EIS No. 20060471, ERP No. D–FHW– EIS No. 20070017, ERP No. F–NRC– F40812–IL, Prairie Parkway Study, C06016–NJ, GENERIC—License Environmental Impacts Statements; Transportation System Improvement Renewal of Nuclear Plants (GEIS) Notice of Availability between Interstate 80 (I–80) and Regarding Oyster Creek Nuclear Interstate 88 (I–88) Grundy, Kendall Responsible Agency: Office of Federal Generating Station Supplement 28 to and Kane Counties, IL Activities, General Information (202) NUREG–1437, Located adjacent to 564–7167 or http://www.epa.gov/ Summary: EPA expressed Barnegat Bay, Lacy and Ocean compliance/nepa/. Weekly receipt of environmental concerns about direct Townships, Ocean County, NJ Environmental Impact Statements. Filed and indirect impacts to wetlands, 03/05/2007 through 03/09/2007. streams and forests, as well as Summary: EPA continues to have Pursuant to 40 CFR 1506.9. cumulative impacts. environmental concerns about the use of EIS No. 20070088, Draft EIS, AFS, WY, Rating EC2. outdated ichthyoplankton and Eagle Prospect Exploratory Wells zooplankton studies. EPA is also EIS No. 20060542, ERP No. D–FRC– Project, Proposes to Drill up to 3 L05239–00, Spokane River and Post concerned about the lack of a complete Exploratory Oil and Gas Wells, Big Falls Hydroelectric Project, evaluation of the environmental effects Piney Ranger District, Bridger-Teton Applications for two New Licenses for from the continued operation of the National Forest, Sublette County, WY, Existing 14.75 (mw) Post Falls No. facility based on these studies. Comment Period Ends: 04/30/2007, 12606 and 122.9 (mw) Spokane River Contact: Teresa Trulock 307–367– No. 2545, Kootenai and Benewah EIS No. 20070027, ERP No. F–FRC– K05061–CA, Lake Elsinore Advanced 4326. Counties, ID and Spokane, Lincoln EIS No. 20070089, Draft EIS, MMS, 00, and Stevens Counties, WA Pumped Storage (LEAPS) Project, Construction and Operation, Programmatic—Alternative Energy Summary: EPA expressed Development and Production and environmental concerns about Application for Hydroelectric License, Special-Use-Permit, FERC No.11858, Alternate Use of Facilities on the degradation of water quality from the Outer Continental Shelf, City of Lake Elsinore, Riverside proposed relicensing, and requested Implementation, Atlantic, Gulf of County, CA additional information on metal Mexico, Pacific and Alaska, Comment contaminants and sediment supply/ Summary: EPA continues to have Period Ends: 05/15/2007, Contact: transport in the project area. environmental concerns about the Mary Boatman 703–787–1662. Rating EC2. potential significant adverse impacts to EIS No. 20070090, Final EIS, AFS, SD, EIS No. 20070008, ERP No. D–AFS– air, water, and habitat resources; and Dakota Prairie Grasslands Noxious K61165–00, Great Basin Creek South recommended a number of mitigation Weed Management Project, Rangeland Management Projects, measures to minimize the potential Implementation, Billings, Slope, Management of 12 Livestock Grazing impacts. Golden Valley, Sioux, Grant, Allotments, Bridgeport Ranger McHenry, Ransom and Richland EIS No. 20070031, ERP No. F–AFS– District, Lyon and Mineral Counties, Counties, ND and Corson, Perkins, NV and Mono County, CA K39101–CA, Lake Davis Pike and Ziebach Counties, SD, Wait Eradication Project, To Eradicate Pike Summary: EPA expressed Period Ends: 04/16/2007, Contact: and Re-Establish Trout Fishery in the environmental concerns about the Sheila McNee 701–250–4443. Tributaries, Special-Use-Permit, EIS No. 20070091, Draft EIS, NPS, MN, proposed management actions and the Plumas National Forest, Plumas Pipestone National Monument potential environmental impacts of County, CA General Management Plan, these actions. EPA requested additional Implementation, Pipestone County, site- and allotment-specific information Summary: EPA continues to have MN, Comment Period Ends: 05/15/ and an expedited implementation of environmental concerns about the 2007, Contact: Nick Chevance 402– corrective management measures where tradeoffs from the neutralization process 661–1844. ecosystem and rangeland functions are and the mechanisms that will avoid EIS No. 20070092, Draft Supplement, known to be impaired. reintroduction of the species. COE, FL, Central and Southern Rating EC2. EIS No. 20070045, ERP No. F–FHW– Florida Project, Tamiami Trail Final EISs J40174–UT, Riverdale Road Project Modifications, Modified Water Deliveries to Everglades National EIS No. 20060537, ERP No. F–COE– (UT–26), Improvement Mobility and Safety between 1900 West in Roy, UT Park, Acquisition of Real Estate Rights K36143–CA, American River to Portions of Privately Owned Watershed, Lower American River and U.S. Highway 89 (Washington Boulevard) in Odgen, UT, Cities of Properties along the Tamiami Trail, Common Features Mayhew Levee Dade County, FL, Comment Period Project, Reconstruction, Sacramento Roy, Riverdale, South Ogden and Ogden, Weber County, UT Ends: 05/07/2007, Contact: Barbara County, CA Cintron 904–232–1692. Summary: No formal comment letter Summary: No formal comment letter EIS No. 20070093, Final EIS, CGB, CA, was sent to the preparing agency. was sent to the preparing agency. Cabrillo Port Liquefied Natural Gas EIS No. 20060544, ERP No. F–FRC– (LNG) Deepwater Port, Construction Dated: March 13, 2007. C05149–NY, Niagara Project, and Operation an Offshore Floating Hydroelectric Relicensing Application Robert W. Hargrove, Storage and Regasification Unit FERC No. 2216, Niagara River, Director, NEPA Compliance Division, Office (FSRU), Application for License, Niagara County, NY of Federal Activities. Ventura and Los Angeles Counties, Summary: The Final EIS addressed [FR Doc. E7–4859 Filed 3–15–07; 8:45 am] CA, Wait Period Ends: 04/30/2007, EPA’s earlier concerns regarding BILLING CODE 6560–50–P Contact: Ray Martin 202–372–1449

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EIS No. 20070094, Final EIS, COE, CA, ENVIRONMENTAL PROTECTION connection with actions conducted Cajon Third Main Track, Construction AGENCY under CERCLA at the transferred from Summit to Keenbrook, Special portions of the Site. [FRL–8288–3] Use Permit and U.S. Army COE 404 For thirty (30) calendar days Permit, San Bernardino County, CA, McClellan Air Force Base Superfund following the date of publication of this Wait Period Ends: 04/16/2007, Site Proposed Notice of Administrative notice, EPA will receive written Contact: Susan A. Meyer 808–438– Order on Consent comments relating to the proposed 2137. administrative order on consent. EPA’s AGENCY: Environmental Protection EIS No. 20070095, Final Supplement, response to any comments received will Agency (EPA). AFS, ID, Hidden Cedar Project, be available for public inspection at the Updated Information, Manage ACTION: Notice; request for public U.S. Environmental Protection Agency, Vegetation Conditions and the comment. 75 Hawthorne Street, San Francisco, CA 94105. Transportation System, Idaho SUMMARY: Notice is hereby given that a DATES: Comments must be submitted on Panhandle National Forests, St. Joe proposed administrative order on or before April 16, 2007. Ranger District, Benewah, Latah and consent concerning portions of the Shoshone Counties, ID, Wait Period McClellan Air Force Base Superfund ADDRESSES: The proposed Ends: 04/16/2007, Contact: Peter Site (‘‘Site’’) in McClellan, California administrative order on consent may be Ratcliffe 208–245–2531. has been negotiated by the Agency and obtained from Judith Winchell, Docket EIS No. 20070096, Draft EIS, USA, MD, the Respondent, McClellan Business Clerk, telephone (415) 972–3124. Garrison Aberdeen Proving Ground, Park, LLC, a Delaware limited liability Comments regarding the proposed Base Realignment and Closure company. The proposed administrative administrative order on consent should Actions, Realignment of Assets and order on consent concerns cleanup of be addressed to Judith Winchell (SFD– Staff, Implementation, Hartford and portions of the Site pursuant to the 7) at United States EPA Region IX, 75 Baltimore Counties, MD, Comment Comprehensive Environmental Hawthorne Street, San Francisco, Period Ends: 04/30/2007, Contact: Response, Compensation and Liability California 94105, and should reference Karen Wilson 703–602–2861. Act, 42 U.S.C. 9604, 9606 and 9622 ‘‘Parcel C6 Privatization, McClellan (‘‘CERCLA’’). Pursuant to a Federal Superfund Site,’’ and ‘‘Docket No. R9– EIS No. 20070097, Draft EIS, NOA, 00, Facilities Agreement (‘‘FFA’’), the U.S. 2006–27’’. PROGRAMMATIC—Marine Mammal Air Force is performing the CERCLA FOR FURTHER INFORMATION CONTACT: Health and Stranding Response response actions for the Site; however, Sarah Mueller, Assistant Regional Program (MMHSRP), Day-to-Day the FFA will be amended to suspend the Counsel (ORC–3), Office of Regional Operation on Stranding, Response, obligations of the Air Force to conduct Counsel, U.S. EPA Region IX, 75 Rehabilitation, Release, and the response actions undertaken by the Hawthorne Street, San Francisco, CA Disentanglement Activities, Comment Respondent. The Air Force has prepared 94105; E-mail: [email protected]; Period Ends: 04/30/2007, Contact: a Finding of Suitability for Early phone: (415) 972–3953. David Cottingham 301–713–2322. Transfer (‘‘FOSET’’), which will be Dated: March 9, 2007. EIS No. 20070098, Draft Supplement, submitted to the Environmental Keith Takata, AFS, MT, Frenchtown Face Ecosystem Protection Agency (‘‘EPA’’), Region 9, Director, Superfund Division, Region IX. Restoration Project, Additional and the State of California for their Information Maintenance and approval after a public comment period. [FR Doc. E7–4867 Filed 3–15–07; 8:45 am] Improvement of Forest Health, Risk Upon approval of the FOSET, the Air BILLING CODE 6560–50–P Reduction of Damage Insects and Force will transfer portions of the Site Disease, Lolo National Forest, to the County of Sacramento, which will Ninemile Ranger District, Missoula, then transfer those portions to the FEDERAL DEPOSIT INSURANCE MT, Comment Period Ends: 04/30/ Respondent. The Air Force and the CORPORATION 2007, Contact: Gary Edson 406–626– County of Sacramento have entered into 5201. an Environmental Services Cooperative Notice of Agency Meeting Amended Notices Agreement, which requires the County Pursuant to the provisions of the of Sacramento to perform certain ‘‘Government in the Sunshine Act’’ (5 EIS No. 20070080, Draft EIS, NIG, CA, CERCLA response actions on the U.S.C. 552b), notice is hereby given that Graton Rancheria Casino and Hotel transferred portions of the Site, using the Federal Deposit Insurance Project, Transfer of Land into Trust, funds supplied by the Air Force. The Corporation’s Board of Directors will Implementation, Federated Indians of County of Sacramento has contracted meet in open session at 2 p.m. on Graton Rancheria (Tribe), Sonoma with Respondent to conduct those Tuesday, March 20, 2007, to consider County, CA, Comment Period Ends: CERCLA response actions. The the following matters: 05/14/2007, Contact: Brad Mehaffy proposed administrative order on Summary Agenda: No substantive 202–632–7003. consent would require the Respondent discussion of the following items is Revision of FR Notice Published 03/ to prepare and perform removal actions, anticipated. These matters will be 09/2007: Extending Comment Period one or more remedial investigations and resolved with a single vote unless a from 04/23/2007 to 05/14/2007 also feasibility studies and one or more member of the Board of Directors Correction to Contact Person Name. remedial designs and remedial actions requests that an item be moved to the for certain contaminants present on the discussion agenda. Dated: March 13, 2007. transferred portions of the Site, under Disposition of minutes of previous Robert W. Hargrove, the oversight of EPA and the State of Board of Directors’ meetings. Director, NEPA Compliance Division, Office California. The administrative order on Summary reports, status reports, and of Federal Activities. consent also commits the Respondent to reports of actions taken pursuant to [FR Doc. E7–4858 Filed 3–15–07; 8:45 am] reimburse direct and indirect future authority delegated by the Board of BILLING CODE 6560–50–P response costs incurred by EPA in Directors.

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Memorandum and resolution re: Federal Deposit Insurance Corporation. views in writing to the Reserve Bank Expanded Exam Cycle for Certain Small Robert E. Feldman, indicated for that notice or to the offices Insured Depository Institutions and U.S. Executive Secretary of the Board of Governors. Comments Branches and Agencies of Foreign [FR Doc. 07–1307 Filed 3–13–07; 4:06 pm] must be received not later than March Banks. BILLING CODE 6714–01–M 30, 2007. Memorandum and resolution re: A. Federal Reserve Bank of Kansas Notice of Final Rule on Standards of City (Donna J. Ward, Assistant Vice President) 925 Grand Avenue, Kansas Ethical Conduct for FDIC Employees FEDERAL ELECTION COMMISSION Regarding Extensions of Credit, City, Missouri 64198-0001: 1. Douglas J. Compton, Lawrence, Securities Ownership, and Definitions. Sunshine Act Notices Kansas; to acquire voting shares of First Discussion Agenda AGENCY: Federal Election Commission. Financial Bancshares, Inc., and thereby indirectly acquire voting shares of The Memorandum and resolution re: DATE & TIME: Thursday, March 22, 2007, at 10 a.m. Lawrence Bank, both in Lawrence, Interagency Proposal for Model Privacy Kansas. Notice Under the Gramm-Leach-Bliley PLACE: 999 E Street, NW., Washington, Act. DC (ninth floor). Board of Governors of the Federal Reserve System, March 12, 2007. STATUS: This meeting will be open to the The meeting will be held in the Board Robert deV. Frierson, public. Room on the sixth floor of the FDIC Deputy Secretary of the Board. Building located at 550 17th Street, ITEMS TO BE DISCUSSED: [FR Doc. E7–4790 Filed 3–15–07; 8:45 am] NW., Washington, DC. Correction and Approval of Minutes. BILLING CODE 6210–01–S The FDIC will provide attendees with Advisory Opinion 2007–01: Senator auxiliary aids (e.g., sign language Claire McCaskill and McCaskill for interpretation) required for this meeting. Auditor by counsel, Marc E. Elias and FEDERAL RESERVE SYSTEM Those attendees needing such assistance Caroline P. Goodson. should call (703) 562–6067 (Voice or Draft Notice of Proposed Rulemaking Formations of, Acquisitions by, and TTY), to make necessary arrangements. on Standards of Conduct. Mergers of Bank Holding Companies Draft Final Rules on Best Efforts in Requests for further information Administrative Fines Challenges. The companies listed in this notice concerning the meeting may be directed Policy Regarding Self-Reporting of have applied to the Board for approval, to Mr. Robert E. Feldman, Executive Campaign Finance Violations (Sua pursuant to the Bank Holding Company Secretary of the Corporation, at (202) Sponte Submissions). Act of 1956 (12 U.S.C. 1841 et seq.) 898–7122. Bush/Cheney ’04 Audit. (BHC Act), Regulation Y (12 CFR Part Dated: March 13, 2007. Clark for President, Inc. 225), and all other applicable statutes Federal Deposit Insurance Corporation. Policy Statement Regarding Internal and regulations to become a bank Robert E. Feldman, Controls. holding company and/or to acquire the Executive Secretary. Management and Administrative assets or the ownership of, control of, or the power to vote shares of a bank or [FR Doc. 07–1306 Filed 3–13–07; 4:06 pm] Matters. bank holding company and all of the BILLING CODE 6714–01–M FOR FURTHER INFORMATION CONTACT: Mr. banks and nonbanking companies Robert Biersack, Press Officer, owned by the bank holding company, Telephone: (202) 694–1220. FEDERAL DEPOSIT INSURANCE including the companies listed below. The applications listed below, as well CORPORATION Mary W. Dove, Secretary of the Commission. as other related filings required by the Notice of Agency Meeting [FR Doc. 07–1324 Filed 3–14–07; 2:42 pm] Board, are available for immediate inspection at the Federal Reserve Bank BILLING CODE 6715–01–M Pursuant to the provisions of the indicated. The application also will be ‘‘Government in the Sunshine Act’’ (5 available for inspection at the offices of the Board of Governors. Interested U.S.C. 552b), notice is hereby given that FEDERAL RESERVE SYSTEM at 2:30 p.m. on tuesday, March 20, 2007, persons may express their views in the Federal Deposit Insurance Change in Bank Control Notices; writing on the standards enumerated in Corporation’s Board of Directors will Acquisition of Shares of Bank or Bank the BHC Act (12 U.S.C. 1842(c)). If the meet in closed session, pursuant to Holding Companies proposal also involves the acquisition of section 552b(c)(2), (c)(4), (c)(6), (c)(8), a nonbanking company, the review also (9)(A)(ii), (9)(B), and (c)(10) Title 5, The notificants listed below have includes whether the acquisition of the United States Code, to consider matters applied under the Change in Bank nonbanking company complies with the relating to the Corporation’s supervisory Control Act (12 U.S.C. 1817(j)) and standards in section 4 of the BHC Act and corporate activities. § 225.41 of the Board’s Regulation Y (12 (12 U.S.C. 1843). Unless otherwise The meeting will be held in the Board CFR 225.41) to acquire a bank or bank noted, nonbanking activities will be Room on the sixth floor of the FDIC holding company. The factors that are conducted throughout the United States. Building located at 550 17th Street, considered in acting on the notices are Additional information on all bank NW., Washington, DC. set forth in paragraph 7 of the Act (12 holding companies may be obtained U.S.C. 1817(j)(7)). from the National Information Center Requests for further information The notices are available for website at www.ffiec.gov/nic/. concerning the meeting may be directed immediate inspection at the Federal Unless otherwise noted, comments to Mr. Robert E. Feldman, Executive Reserve Bank indicated. The notices regarding each of these applications Secretary of the Corporation, at (202) also will be available for inspection at must be received at the Reserve Bank 898–7122. the office of the Board of Governors. indicated or the offices of the Board of Dated: March 13, 2007. Interested persons may express their Governors not later than April 9, 2007.

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A. Federal Reserve Bank of Cleveland Massachusetts; to acquire 100 percent of 600 Pennsylvania Avenue, NW., (Douglas A. Banks, Vice President) 1455 the voting shares, and thereby merge Washington, DC 20580. Comments East Sixth Street, Cleveland, Ohio with South Coastal Holdings, MHC and containing confidential material must be 44101-2566: its subsidiary bank, South Coastal Bank, filed in paper form, must be clearly 1. LNB Bancorp, Inc., Lorain, Ohio; to both of Rockland, Massachusetts. labeled ‘‘Confidential,’’ and must merge with Morgan Bancorp, Inc., and B. Federal Reserve Bank of Kansas comply with Commission Rule 4.9(c). thereby indirectly acquire Morgan Bank, City (Donna J. Ward, Assistant Vice 16 CFR 4.9(c) (2005).1 The FTC is N.A., both of Hudson, Ohio. President) 925 Grand Avenue, Kansas requesting that any comment filed in Board of Governors of the Federal Reserve City, Missouri 64198-0001: paper form be sent by courier or System, March 12, 2007. 1. Dickinson Financial Corporation II overnight service, if possible, because Robert deV. Frierson, and Dickinson Financial Corporation, U.S. postal mail in the Washington area Deputy Secretary of the Board. both of Kansas City, Missouri; to acquire and at the Commission is subject to delay due to heightened security [FR Doc. E7–4792 Filed 3–15–07; 8:45 am] 100 percent of the voting shares of SunBank, N.A., Phoenix, Arizona (in precautions. Comments that do not BILLING CODE 6210–01–S organization). contain any nonpublic information may C. Federal Reserve Bank of Dallas instead be filed in electronic form as FEDERAL RESERVE SYSTEM (W. Arthur Tribble, Vice President) 2200 part of or as an attachment to email North Pearl Street, Dallas, Texas 75201- messages directed to the following e- Formations of, Acquisitions by, and 2272: mail box: [email protected]. Mergers of Bank Holding Companies 1. Bozka Investments, Ltd., The FTC Act and other laws the Hallettsville, Texas, to become a bank Commission administers permit the The companies listed in this notice holding company by acquiring 15.63 collection of public comments to have applied to the Board for approval, percent of Peoples State Bank of consider and use in this proceeding as pursuant to the Bank Holding Company Hallettsville, Hallettsville, Texas. appropriate. All timely and responsive Act of 1956 (12 U.S.C. 1841 et seq.) public comments, whether filed in (BHC Act), Regulation Y (12 CFR Part Board of Governors of the Federal Reserve paper or electronic form, will be 225), and all other applicable statutes System, March 13, 2007. considered by the Commission, and will and regulations to become a bank Robert deV. Frierson, be available to the public on the FTC holding company and/or to acquire the Deputy Secretary of the Board. Web site, to the extent practicable, at assets or the ownership of, control of, or [FR Doc. E7–4828 Filed 3–15–07; 8:45 am] http://www.ftc.gov. As a matter of the power to vote shares of a bank or BILLING CODE 6210–01–S discretion, the FTC makes every effort to bank holding company and all of the remove home contact information for banks and nonbanking companies individuals from the public comments it owned by the bank holding company, FEDERAL TRADE COMMISSION receives before placing those comments including the companies listed below. on the FTC Web site. More information, The applications listed below, as well [File No. 062 3088] including routine uses permitted by the as other related filings required by the Privacy Act, may be found in the FTC’s Board, are available for immediate Kmart Corporation, Kmart Services Corporation, and Kmart Promotions, privacy policy, at http://www.ftc.gov/ inspection at the Federal Reserve Bank ftc/privacy.htm. indicated. The application also will be LLC; Analysis of Proposed Consent Order To Aid Public Comment FOR FURTHER INFORMATION CONTACT: available for inspection at the offices of Peggy Twohig or Alice Saker Hrdy, the Board of Governors. Interested AGENCY: Federal Trade Commission. Bureau of Consumer Protection, 600 persons may express their views in ACTION: Proposed Consent Agreement. Pennsylvania Avenue, NW., writing on the standards enumerated in Washington, DC 20580, (202) 326–3224. the BHC Act (12 U.S.C. 1842(c)). If the SUMMARY: The consent agreement in this SUPPLEMENTARY INFORMATION: Pursuant proposal also involves the acquisition of matter settles alleged violations of to section 6(f) of the Federal Trade a nonbanking company, the review also Federal law prohibiting unfair or Commission Act, 38 Stat. 721, 15 U.S.C. includes whether the acquisition of the deceptive acts or practices or unfair 46(f), and § 2.34 of the Commission nonbanking company complies with the methods of competition. The attached Rules of Practice, 16 CFR 2.34, notice is standards in section 4 of the BHC Act Analysis to Aid Public Comment hereby given that the above-captioned (12 U.S.C. 1843). Unless otherwise describes both the allegations in the consent agreement containing a consent noted, nonbanking activities will be draft complaint and the terms of the order to cease and desist, having been conducted throughout the United States. consent order—embodied in the consent filed with and accepted, subject to final Additional information on all bank agreement—that would settle these approval, by the Commission, has been holding companies may be obtained allegations. placed on the public record for a period from the National Information Center DATES: Comments must be received on of thirty (30) days. The following website at www.ffiec.gov/nic/. Analysis to Aid Public Comment Unless otherwise noted, comments or before April 10, 2007. describes the terms of the consent regarding each of these applications ADDRESSES: Interested parties are agreement, and the allegations in the must be received at the Reserve Bank invited to submit written comments. complaint. An electronic copy of the indicated or the offices of the Board of Comments should refer to ‘‘Kmart Governors not later than April 12, 2007. Corporation, File No. 062 3088,’’ to 1 The comment must be accompanied by an A. Federal Reserve Bank of Boston facilitate the organization of comments. explicit request for confidential treatment, (Richard Walker, Community Affairs A comment filed in paper form should including the factual and legal basis for the request, Officer) P.O. Box 55882, Boston, include this reference both in the text and must identify the specific portions of the Massachusetts 02106-2204: and on the envelope, and should be comment to be withheld from the public record. The request will be granted or denied by the 1. MountainOne Financial Partners, mailed or delivered to the following Commission’s General Counsel, consistent with MHC and MountainOne Financial address: Federal Trade Commission/ applicable law and the public interest. See Partners, Inc., both of North Adams, Office of the Secretary, Room 135–H, Commission Rule 4.9(c), 16 CFR 4.9(c).

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full text of the consent agreement adequately this material fact is a postal mail, and (b) provides a Kmart package can be obtained from the FTC deceptive practice. gift card number, a mailing address, and Home Page (for March 12, 2007), on the The complaint also alleges that a phone number. Once a consumer World Wide Web, at http://www.ftc.gov/ respondents have represented on the provides the required information, os/2007/03/index.htm. A paper copy Kmart.com Web site that the Kmart Gift Kmart must issue a reimbursement can be obtained from the FTC Public Card never expires. In truth and in fact, within 10 business days, provided Reference Room, Room 130–H, 600 after 24 months of non-use, the however, that for thirty (30) days after Pennsylvania Avenue, NW., application of the Kmart Gift Card issuance of the order, respondents shall Washington, DC 20580, either in person dormancy fee causes any Kmart Gift issue a reimbursement within fifteen or by calling (202) 326–2222. Card valued at less than $50.40 to (15) business days. Public comments are invited, and may expire. The complaint alleges that the Part IV of the proposed order contains be filed with the Commission in either representation that the Kmart Gift Card a document retention requirement, the paper or electronic form. All comments never expires is false and misleading. purpose of which is to ensure should be filed as prescribed in the The proposed consent order contains compliance with the proposed order. It ADDRESSES section above, and must be provisions designed to prevent requires that respondents maintain received on or before the date specified respondents from engaging in similar accounting and sales records for the in the DATES section. acts and practices in the future. Kmart Gift Card, copies of ads and Part I.A. of the proposed order promotional material that contain Analysis of Agreement Containing prohibits respondents from advertising representations covered by the proposed Consent Order To Aid Public Comment or selling Kmart Gift Cards without order, complaints and refund requests The Federal Trade Commission has disclosing, clearly and prominently: (a) relating to the Kmart Gift Card, and accepted, subject to final approval, an The existence of any expiration date or other materials that were relied upon by automatic fees, in all advertising, and agreement containing a consent order respondents in complying with the (b) all material terms and conditions of from Kmart Corporation, Kmart Services proposed order. any expiration date or automatic fee, at Corporation, and Kmart Promotions, Part V of the proposed order requires the point of sale and prior to purchase. LLC (collectively, ‘‘respondents’’). respondents to distribute copies of the The effect of this provision is to require order to various principals, officers, The proposed consent order has been respondents to alert consumers to placed on the public record for thirty directors, and managers of respondents potential fees and expiration dates as well as to the officers, directors, and (30) days for receipt of comments by during advertising, and to fully disclose interested persons. Comments received managers of any third-party vendor who all relevant details at the point of sale, engages in conduct related to the during this period will become part of before consumers purchase the gift the public record. After thirty (30) days, proposed order. cards. Part VI of the proposed order requires the Commission will again review the Part I.B. of the proposed order respondents to notify the Commission of agreement and the comments received, prohibits respondents from advertising any changes in corporate structure that and will decide whether it should or selling Kmart Gift Cards without might affect compliance with the order. withdraw from the agreement or make disclosing, clearly and prominently the final the agreement’s proposed order. Part VII of the proposed order requires existence of any automatic fee or respondents to file with the Commission Respondents advertise, sell, and expiration date on the front of the gift distribute the Kmart Gift Card through one or more reports detailing card. compliance with the order. their retail stores and Internet Web site, Part II of the proposed order prohibits Part VIII of the proposed order is a http://www.Kmart.com. The Kmart Gift respondents from making any ‘‘sunset’’ provision, dictating the Card is a plastic, stored-value card, misrepresentation about any material conditions under which the order will similar in size and shape to a credit or term or condition associated with the terminate twenty years from the date it debit card, that can be used to purchase Kmart Gift Card. goods or services from Kmart retail Part III.A. of the proposed order is issued or twenty years after a locations. This matter concerns the prohibits respondents from collecting or complaint is filed in Federal court, by respondents’ alleged failure to disclose, attempting to collect any dormancy fee either the United States or the FTC, or failure to disclose adequately, on any Kmart Gift Card activated prior alleging any violation of the order. The purpose of this analysis is to material terms and conditions of the to the date of issuance of the proposed facilitate public comment on the Kmart Gift Card as well as a deceptive order. claim regarding the Kmart Gift Card. Part III.B. of the proposed order proposed order. It is not intended to The Commission’s complaint alleges requires respondents to create, constitute an official interpretation of that, in the advertising and sale of maintain, and distribute a written policy the proposed order or to modify in any Kmart Gift Cards, respondents have to reimburse consumers whose gift way its terms. represented, expressly or by cards were diminished by fees. The By direction of the Commission. implication, that a consumer can policy: (1) Must specify a toll free Donald S. Clark, redeem a Kmart Gift Card for goods or number, a valid email address and a Secretary. services of an equal value to the postal address that consumers can use monetary amount placed on the card. to complete a request for reimbursement Statement of Commissioners Pamela Respondents have failed to disclose, or of dormancy fees from Kmart; (2) must Jones Harbour and Jon Leibowitz failed to disclose adequately, that, after be clearly and prominently disclosed on (Concurring in Part and Dissenting In 24 consecutive months of non-use, a Kmart’s web site for two years from the Part) $2.10 fee is deducted, for each of the issuance of the order; (3) must be Today, the Commission approves for past 24 months, and again for each disclosed to anyone who complains or public comment a proposed consent successive month of continued inquires to Kmart about a gift card agreement with Kmart Corporation and inactivity, from the value of the Kmart balance; and (4) requires reimbursement two of its subsidiaries (collectively, Gift Card. The proposed complaint to any eligible consumer who (a) ‘‘Kmart’’) to settle charges that Kmart alleges that the failure to disclose contacts Kmart by phone, email, or misrepresented material aspects of its

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gift cards and failed to disclose that, sponsoring the Magnuson-Moss Act FEDERAL TRADE COMMISSION after two years of non-use, Kmart would extending the Commission’s authority [File No. 061 0026] deduct a $50 fee from the gift card and under Section 19 to obtain monetary a $2.10 monthly fee thereafter. We remedies, Senator Magnuson explained Missouri Board of Embalmers and concur in the Commission’s decision to that the Commission cannot ‘‘rely Funeral Directors; Analysis of bring an action against Kmart, but merely upon a slap of the violator’s Agreement Containing Consent Order dissent in part from the proposed wrist to maintain fair play in the To Aid Public Comment consent agreement because we believe marketplace’’ and that ‘‘[a] mere cease- AGENCY: Federal Trade Commission. the remedy should include and-desist order has frequently let a ACTION: disgorgement of ill-gotten profits. wrongdoer keep his ill-gotten gains.’’ 5 Proposed consent agreement. Otherwise, Kmart will remain unjustly The same rationale holds true today. enriched by a substantial amount of SUMMARY: The consent agreement in this buried ‘‘dormancy fees’’ while many In this case, Kmart deducted matter settles alleged violations of consumers will have lost the chance for dormancy fees from consumers’ gift Federal law prohibiting unfair or reimbursement because they long ago cards. It failed to give adequate notice. deceptive acts or practices or unfair threw out their seemingly worthless gift In many instances, Kmart’s actions methods of competition. The attached cards in frustration.2 rendered unused or partially used cards Analysis to Aid Public Comment Gift cards have become enormously valueless, at significant monetary describes both the allegations in the draft complaint and the terms of the popular with consumers and generated benefit to Kmart but considerable consent order—embodied in the consent nearly $28 billion in sales during the monetary detriment to consumers. The 2006 holiday season.3 Gift card agreement—that would settle these proposed consent order, in our opinion, allegations. dormancy fees and expiration dates are stops the deceptive practices but does material restrictions that affect the value not completely cure the consumer DATES: Comments must be received on of the cards. These restrictions must be injury or fully excise Kmart’s ill-gotten or before April 9, 2007. clearly disclosed so that consumers can gains. Pursuant to the order, Kmart may ADDRESSES: Interested parties are make informed decisions, whether they not assess additional dormancy fees on invited to submit written comments. are purchasing the cards or receiving previously activated gift cards and must Comments should refer to ‘‘Missouri them as a gift. reimburse previously assessed Board of Embalmers and Funeral The proposed order settles the dormancy fees if consumers complain Directors, File No. 061 0026,’’ to Commission’s allegations that Kmart facilitate the organization of comments. and can provide the gift card number. deceptively advertised its gift cards by, A comment filed in paper form should Many consumers no doubt already have among other things, misrepresenting the include this reference both in the text existence of any expiration dates or fees thrown out their gift cards and will have and on the envelope, and should be associated with the cards. Not only did no remedy under this settlement. mailed or delivered to the following Kmart claim that the gift cards could be Moreover, the order does not require address: Federal Trade Commission/ used ‘‘like cash at all Kmart locations,’’ Kmart automatically to restore Office of the Secretary, Room 135–H, but its Web site also affirmatively previously deducted dormancy fees 600 Pennsylvania Avenue, NW., misled consumers by stating that the (absent consumer inquiries) or disgorge Washington, DC 20580. Comments Kmart gift cards ‘‘never expire.’’ We the windfall profits it made from these containing confidential material must be agree that Kmart’s alleged conduct fees. Although Kmart’s reimbursement filed in paper form, must be clearly justifies the order’s injunctive practices have been improved by the labeled ‘‘Confidential,’’ and must provisions. Commission’s efforts, in our opinion the comply with Commission Rule 4.9(c). But we believe the order should go refund policy, without additional 16 CFR 4.9(c) (2005).1 The FTC is further. It should require Kmart to monetary relief, is still too little, too requesting that any comment filed in disgorge the profits of its unlawful late. paper form be sent by courier or behavior, provide more complete We commend staff for pursuing overnight service, if possible, because consumer redress, or a combination of U.S. postal mail in the Washington area both.4 More than three decades ago, in Kmart’s failure to disclose its gift card dormancy fees and for challenging and at the Commission is subject to delay due to heightened security 2 Kmart’s affirmative misrepresentations Kmart applied a dormancy fee of $2.10 per precautions. Comments that do not month to the balance of every Kmart gift card that that its gift cards do not expire. For the contain any nonpublic information may went unused for 24 months—both retroactively foregoing reasons, however, we ($50.40) and prospectively. Consequently, cards instead be filed in electronic form as worth $50 or less were rendered worthless if respectfully dissent in part from the part of or as an attachment to e-mail unused for two years. Imagine stashing a $10, $25 proposed order. messages directed to the following e- or $50 gift card in a drawer and then pulling it out two years later for a trek to shop at Kmart, only to [FR Doc. E7–4798 Filed 3–15–07; 8:45 am] mail box: [email protected]. learn at the check-out counter that the card had no BILLING CODE 6750–01–P The FTC Act and other laws the value. Kmart recently discontinued charging this Commission administers permit the dormancy fee after learning about the FTC’s purchasers of the challenged products); Weider collection of public comments to investigation, but only on a prospective basis. consider and use in this proceeding as 3 Press Release, Nat’l Retail Fed’n, Gift Card Nutrition Int’l, Inc., FTC Dkt. No. C–3983 (Nov. 17, Spending Surpassed Expectations as Last-Minute 2000) (requiring $400,000 in redress); Dura Lube, appropriate. All timely and responsive Shoppers Looked for Quick, Easy Gifts; Most Inc., FTC Dkt. No. D–9292 (May 5, 2000) (requiring Consumers Have Spent Less Than Half of Card $2 million in redress); Apple Computer, Inc., FTC 1 The comment must be accompanied by an Values (Jan. 23, 2007). Dkt. No. C–3890 (Aug. 6, 1999) (requiring company explicit request for confidential treatment, 4 Commission consent orders have required to honor representation that customers would including the factual and legal basis for the request, advertisers to pay redress, offer refunds, or disgorge receive free support for as long as they own the and must identify the specific portions of the profits, and it is appropriate to do so here. See, e.g., product); Azrak-Hamway Int’l, Inc., 121 F.T.C. 507 comment to be withheld from the public record. Hi-Health Supermart Corp., FTC Dkt. No. C–4136 (1996) (requiring toymaker to offer refunds); L & S The request will be granted or denied by the (May 12, 2005) (requiring $450,000 in redress); Research Corp., 118 F.T.C. 896 (1994) (requiring Commission’s General Counsel, consistent with ValueVision Int’l, Inc., FTC Dkt. No. C–4022 (Aug. $1.45 million in disgorgement). applicable law and the public interest. See 24, 2001) (requiring company to offer refunds to all 5 119 Cong. Rec. 29480 (1973). Commission Rule 4.9(c), 16 CFR 4.9(c).

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public comments, whether filed in public record for thirty (30) days for qualifications and conditions for paper or electronic form, will be receipt of comments from interested persons practicing or offering to practice considered by the Commission, and will members of the public. Comments funeral directing and embalming do not be available to the public on the FTC received during this period will become apply to anyone engaged simply in the Web site, to the extent practicable, at part of the public record. After thirty furnishing of at-need burial receptacles http://www.ftc.gov. As a matter of (30) days, the Commission will review to the public.3 discretion, the FTC makes every effort to the agreement and the comments The proposed Complaint alleges that remove home contact information for received, and will decide whether it the Board’s regulation had individuals from the public comments it should withdraw from the agreement or anticompetitive effects by discouraging receives before placing those comments make the proposed Order final. non-licensed persons from selling on the FTC Web site. More information, The purpose of this analysis is to funeral caskets to the public in including routine uses permitted by the facilitate comment on the proposed Missouri, depriving consumers of the Privacy Act, may be found in the FTC’s consent Order. This analysis does not benefits of price competition, and privacy policy, at http://www.ftc.gov/ constitute an official interpretation of reducing consumer choices concerning ftc/privacy.htm. the agreement and proposed Order, and the purchase of funeral caskets. The Commission has previously FOR FURTHER INFORMATION CONTACT: does not modify the terms in any way. found that funeral director conduct that Mark D.S. Peterson (202–326–3731), Joel Further, the proposed consent Order has limits entry by non-licensed casket Christie (202–326–3297), or Grace Kwon been entered into for settlement sellers harms competition. In its 1994 (202–326–2560), Bureau of Competition, purposes only, and does not constitute review of the Funeral Rule,4 the 600 Pennsylvania Avenue, NW., an admission by the proposed Commission found that funeral-director- Washington, DC 20580. Respondent that it violated the law or that the facts alleged in the Complaint imposed ‘‘casket handling fees’’ SUPPLEMENTARY INFORMATION: Pursuant against the Respondent (other than excluded competition from third-party to section 6(f) of the Federal Trade jurisdictional facts) are true. casket sellers, and the record evidence Commission Act, 38 Stat. 721, 15 U.S.C. indicated that the fees ‘‘prevent[ed] 46(f), and § 2.34 of the Commission I. The Respondent potential price competition and Rules of Practice, 16 CFR 2.34, notice is Respondent is the sole licensing reduce[d] consumer choice.’’ 5 The hereby given that the above-captioned authority for the practices of funeral Commission further found that ‘‘the consent agreement containing a consent directing and embalming in the State of long-term effect of [banning these fees] order to cease and desist, having been Missouri. It is authorized to promulgate, will be increased competition in the filed with and accepted, subject to final adopt and enforce rules and regulations casket market such that prices will approval, by the Commission, has been governing and defining those practices. eventually go down and all consumers placed on the public record for a period Respondent is able to seek a court order will pay less.’’ 6 of thirty (30) days. The following to enjoin any person from engaging or The courts have likewise found that Analysis to Aid Public Comment offering to engage in any act that state laws prohibiting the sale of caskets describes the terms of the consent requires a license from the Board. The by non-licensed persons harm agreement, and the allegations in the unlicensed practice of funeral directing competition. The Sixth Circuit complaint. An electronic copy of the or embalming in Missouri may be concluded that a Tennessee state law full text of the consent agreement prosecuted as a class A misdemeanor. forbidding anyone but state licensed package can be obtained from the FTC At the time it adopted the regulation funeral directors from selling caskets Home Page (for March 9, 2007), on the at issue in the proposed complaint, the imposed ‘‘a significant barrier to World Wide Web, at http://www.ftc.gov/ Board was composed of five (5) licensed competition in the casket market’’ and os/2007/03/index.htm. A paper copy funeral directors, all of whom competed ‘‘harm[ed] consumers in their can be obtained from the FTC Public in the sale of at-need funeral caskets to pocketbooks.’’ 7 A district court in Reference Room, Room 130–H, 600 consumers in Missouri. Oklahoma found that ‘‘[a]s long as Pennsylvania Avenue, NW., independent sellers stay in the market, Washington, DC 20580, either in person II. The Conduct Addressed by the casket sales from independent sources or by calling (202) 326–2222. Proposed Consent Order * * * place downward pressure on Public comments are invited, and may The proposed Complaint alleges that be filed with the Commission in either Respondent violated Section 5 of the 3 See Mo. Rev. Stat. § 333.251 (2005). The at-issue paper or electronic form. All comments Federal Trade Commission Act by regulation was revised during the course of the should be filed as prescribed in the unlawfully restraining competition in investigation and published in 20 CSR 2120– 2.060(18)(C) effective September 2006. ADDRESSES section above, and must be the retail funeral casket market in the 4 The FTC’s Funeral Rule, which was received on or before the date specified State of Missouri by promulgating a promulgated by the Commission in 1982 and in the DATES section. regulation that defined the practice of revised in 1994, requires providers of funeral goods funeral directing to include selling at- and services to give consumers itemized lists of Analysis of Agreement Containing need funeral merchandise. funeral goods and services that not only provide Consent Order To Aid Public Comment price and descriptions, but also contain specific The at-issue regulation stated: ‘‘No disclosures. The Funeral Rule removed the primary The Federal Trade Commission has person other than a duly licensed and industry restraint on consumer choice (package- accepted for public comment an registered funeral director may make the only funeral goods and service pricing) and makes Agreement Containing Consent Order following at-need arrangements with the clear that consumers may select and purchase only the goods and services they want. See 59 FR 1592 with the Missouri Board of Embalmers person having the right to control the (1994). and Funeral Directors (‘‘the Board’’ or incidents of burial: * * * (C) sale or 5 59 FR at 1603–04. ‘‘Respondent’’). The agreement settles rental to the public of funeral 6 Pa. Funeral Directors Ass’n, Inc. v. FTC, 41 F.3d charges that the Board violated Section merchandise, services or 81, 91 (3d Cir. 1994). See also Memorandum of Law 5 of the Federal Trade Commission Act, paraphernalia.’’ 2 Under the laws of the of Amicus Curiae The Federal Trade Commission, Powers v. Harris, Case No. CIV–01–445–F (W.D. 15 U.S.C. 45, through particular acts and State of Missouri, however, licensing Okla. Aug. 29, 2002). practices described below. The 7 Craigmiles v. Giles, 312 F.3d 220, 222, 228 (6th Agreement has been placed on the 2 4 CSR 120–2.060(18). Cir. 2002).

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casket prices as a result of increased Directors Rules and Regulations, This designation became effective on competition.’’ 8 A district court Chapters 333, 436, 193, 194, which shall March 3, 2007, as provided for under 42 reviewing a similar statute in be provided to all licensees within one U.S.C. 7384l(14)(C). Hence, beginning Mississippi also concluded that such (1) year from the date the Order on March 3, 2007, members of this class requirements result in less price becomes final. of employees, defined as reported in competition and consumer choice in The proposed Order includes this notice, became members of the selecting a casket.9 requirements that the Board notify the Special Exposure Cohort. The Missouri statute that created the Commission at least thirty (30) days FOR FURTHER INFORMATION CONTACT: Board and grants it the authority to act prior to any filing with the Missouri Larry Elliott, Director, Office of was not intended to displace Secretary of State of any Proposed Order Compensation Analysis and Support, competition in the sale of funeral of Rulemaking concerning the Board’s National Institute for Occupational merchandise with regulation. Indeed, it rules or regulations, or prior to Safety and Health (NIOSH), 4676 appears that Missouri intended to proposing any change in Respondent Columbia Parkway, MS C–46, preserve price competition with respect that may affect compliance obligations. Cincinnati, OH 45226, Telephone 513– to the retail sale of funeral caskets by The proposed Order contains standard 533–6800 (this is not a toll-free excepting from application of the at- provisions requiring the filing of regular number). Information requests can also need funeral statute ‘‘any person written reports of the Board’s be submitted by e-mail to engaged simply in the furnishing of compliance with the terms of the Order [email protected]. 10 burial receptacles for the dead.’’ for each of the next five years. The Dated: March 12, 2007. Order will expire in ten (10) years. III. Terms of the Proposed Consent John Howard, Order By direction of the Commission. Director, National Institute for Occupational Donald S. Clark, The Board has signed a consent Safety and Health. agreement containing the proposed Secretary. [FR Doc. 07–1274 Filed 3–15–07; 8:45 am] consent Order. The proposed Order [FR Doc. E7–4799 Filed 3–15–07; 8:45 am] BILLING CODE 4163–19–M would prevent the Board from BILLING CODE 6750–01–P prohibiting, restricting, impeding or discouraging any person from engaging DEPARTMENT OF HEALTH AND in the sale or rental to the public of HUMAN SERVICES funeral merchandise or burial DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational receptacles for the dead, directly or Safety and Health; Final Effect of indirectly, or through any rule, National Institute for Occupational Designation of a Class of Employees regulation, policy, or conduct. Safety and Health; Final Effect of for Addition to the Special Exposure The proposed Order requires the Designation of a Class of Employees Cohort Board to publish in the Newsletter of for Addition to the Special Exposure the Board of Embalmers and Funeral AGENCY: National Institute for Cohort Directors, the full text of Mo. Rev. Stat. Occupational Safety and Health § 333.251 (2005), the Order, and an AGENCY: National Institute for (NIOSH), Department of Health and accompanying statement that: ‘‘The Occupational Safety and Health Human Services (HHS). Rules and Regulations of the Board of (NIOSH), Department of Health and ACTION: Notice. Embalmers and Funeral Directors do not Human Services (HHS). SUMMARY: The Department of Health and prohibit persons not licensed as funeral ACTION: Notice. directors or embalmers from selling Human Services (HHS) gives notice caskets, burial receptacles or other SUMMARY: The Department of Health and concerning the final effect of the HHS funeral merchandise to the public in the Human Services (HHS) gives notice decision to designate a class of State of Missouri.’’ concerning the final effect of the HHS employees at the Harshaw Harvard- The proposed Order also requires the decision to designate a class of Denison Plant in Cleveland, Ohio, as an Board to display an advisory on its employees at the Allied Chemical addition to the Special Exposure Cohort public website stating that it has settled Corporation Plant in Metropolis, (SEC) under the Energy Employees FTC allegations regarding restrictions Illinois, as an addition to the Special Occupational Illness Compensation and prohibitions on the sale of funeral Exposure Cohort (SEC) under the Energy Program Act of 2000. On February 1, merchandise or caskets, and to provide Employees Occupational Illness 2007, as provided for under 42 U.S.C. a link to the Board’s website that Compensation Program Act of 2000. On 7384q(b), the Secretary of HHS contains the full text of Mo. Rev. Stat. February 1, 2007, as provided for under designated the following class of § 333.251 (2005), a link to Mo. Code 42 U.S.C. 7384q(b), the Secretary of employees as an addition to the SEC: Regs. Ann. tit. 20, § 2120–2.060 (2006), HHS designated the following class of Atomic Weapons employees who were and a link to this Order. The proposed employees as an addition to the SEC: monitored or should have been monitored while working at the Harshaw Harvard- Order further requires the Board to Atomic Weapons employees who were publish notice of the Order and Denison Plant located at 1000 Harvard monitored or should have been monitored for Avenue in Cleveland, Ohio from August 14, settlement in three consecutive issues of exposure to ionizing radiation while working Missouri Funeral Directors’ Association 1942 through November 30, 1949, and who at Allied Chemical Corporation Plant in were employed for a number of work days Magazine and in the Missouri State Metropolis, Illinois, from January 1, 1959 aggregating at least 250 work days or in Board of Embalmers and Funeral through December 31, 1976, and who were combination with work days within the employed for a number of work days parameters established for one or more other 8 Powers v. Harris, 2002 WL 32026155 at *6 (W.D. aggregating at least 250 work days or in classes of employees in the Special Exposure, Okla. Dec. 12, 2002). combination with work days within the Cohort. 9 Casket Royale, Inc. v. Mississippi, 124 F.Supp. parameters established for one or more other 2d 434, 440 (S.D. Miss. 2000). classes of employees in the Special Exposure This designation became effective on 10 Mo. Rev. Stat. § 333.251 (2005). Cohort. March 3, 2007, as provided for under 42

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U.S.C. 7384l(14)(C). Hence, beginning submitted for consideration as general evidence syntheses on topics of high- on March 3, 2007, members of this class evidence reports will concurrently be priority to its public and private of employees, defined as reported in considered as comparative effectiveness healthcare partners and the health care this notice, became members of the reviews as appropriate. AHRQ will not community generally, AHRQ awards Special Exposure Cohort. reply to individual responses, but will task order contracts to its Evidence- FOR FURTHER INFORMATION CONTACT: consider all nominations during the based Practice Centers (EPCs). Larry Elliott, Director, Office of selection process.Those who submit The EPCs produce systematic reviews Compensation Analysis and Support, topics that are selected will be notified of the scientific literature—evidence National Institute for Occupational by AHRQ. reports, technology assessments, and Safety and Health (NIOSH), 4676 ADDRESSES: Topics nominations should comparative and effectiveness reviews— Columbia Parkway, MS C–46, be submitted to Beth A. Collins Sharp, that provide to public and private Cincinnati, OH 45226, Telephone 513– PhD, R.N., director, Evidence-based organizations the foundation for 533–6800 (this is not a toll-free Practice Centers (EPC) Program, Center developing and implementing their own number). Information requests can also for Outcomes and Evidence, AHRQ, 540 practice guidelines, performance be submitted by e-mail to Gaither Road, Rockville, MD 20850. measures, educational programs, and [email protected]. Electronic submissions to [email protected] other strategies to improve the quality of health care and decision-making related Dated: March 12, 2007. are preferred. to the effectiveness and appropriateness FOR FURTHER INFORMATION CONTACT: John Howard, Beth of specific health care technologies and Director, National Institute for Occupational A. Collins Sharp, Ph.D., R.N., Center for services. The evidence reports, Safety and Health. Outcomes and Evidence, AHRQ, 540 technology assessments, and [FR Doc. 07–1273 Filed 3–15–07; 8:45 am] Gaither Road, Rockville, MD 20850; comparative and effectiveness reviews BILLING CODE 4163–19–M Phone: (301) 427–1503; Fax: (301) 427– also may be used to inform coverage and 1640; E-mail: reimbursement policies. As the body of [email protected]. scientific studies related to organization DEPARTMENT OF HEALTH AND Arrangement for Public Inspection: and financing of health care grows, HUMAN SERVICES All nominations will be available for systematic review and analysis of these public inspection by appointment at the studies, in addition to clinical and Agency for Healthcare Research and Center for Outcomes and Evidence, Quality behavioral research, can provide health telephone (301) 427–1600, weekdays system organizations with a scientific between 8:30 a.m. and 5 p.m. (Eastern Nominations of Topics for Evidence- foundation for developing or improving time). based Practice Centers system-wide policies and practices. SUPPLEMENTARY INFORMATION: Currently, AHRQ supports AGENCY: Agency for Healthcare Research 1. Background approximately nine general evidence and Quality (AHRQ), DHHS. reports per year, in collaboration with ACTION: Nominations of topics for Under Title IX of the Public Health non-Federal partners, and 4–10 evidence reports, technology Service Act, AHRQ is charged with comparative effectiveness reviews. assessments, and comparative and enhancing the quality, appropriateness, Nominations of general topics from non- effectiveness reviews. and effectiveness of health care services Federal partners are solicited annually and access to such services. AHRQ through a notice in the Federal Register. SUMMARY: AHRQ invites nominations of accomplishes these goals through However, topic nominations are topics for evidence reports, technology scientific research, including evaluative accepted on an ongoing basis. All assessments, and comparative and medical literature reviews and nominations received in the previous effectiveness reviews conducted by its technology assessments, and through year as well as topics that were Evidence-based Practice Centers (EPC) the promotion of improvements in previously submitted but not selected Program relating to the prevention, clinical practice and health systems are considered for the upcoming year. diagnosis, treatment and management of practices. Reports and assessments usually common diseases and clinical 2. Purpose and Overview require about 12 months for completion condition, as well as, topics relating to once assigned to an EPC. AHRQ widely the organization and financing of health The purpose of this notice is to solicit disseminates the EPC evidence reports care. Previous evidence reports and topic nominations for evidence reports, and technology assessments, both comparative effectiveness reviews can technology assessments, and electronically and in print. The EPC be found at http://www.ahrq.gov/clinic/ comparative and effectiveness reviews. evidence reports, technology epcix.htm and http://effective Professional societies, health systems, assessments and comparative and healthcare.ahrq.gov/products/ employers, insurers, providers, and effectiveness reviews do not make progress.cfm, respectively. consumer groups are encouraged to clinical recommendations or DATES: Topic nominations for general nominate topics and then collaborate recommendations regarding evidence reports should be submitted by with AHRQ, as it carries out its mission reimbursement and coverage policies. April 16, 2007, in order to be considered to promote the practice of evidence- for fiscal year 2007 selection. Topic based health care. In this endeavor, 3. Role/Responsibilities of Partners for nominations for comparative and AHRQ serves as a science partner with General Topics effectiveness review are accepted on an private-sector and public organizations Nominators of topics selected for on-going basis at: http://effective in their efforts to improve the quality, development of an EPC evidence report healthcare.ahrq.gov/topicNomination/ effectiveness, and appropriateness of assume the role of Partners of AHRQ nominationForm.cfm. In addition to health care delivery in the United and the EPCs. Partners have defined timely responses to this request for States, and to expedite the translation of roles and responsibilities. AHRQ places nominations, AHRQ also accepts topic evidence-based research findings into high value on these cooperative nominations on an ongoing basis for improved health care services. To relationships, and takes into consideration for future years. Topics undertake scientific analyses and consideration a Partner organization’s

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past performance of these those who live in inner-city and rural data to support the systematic review responsibilities when considering areas. and analysis of the topic; whether to accept additional topics E. Potential for reducing clinically 5. Topic Nomination nominated by that organization in significant variations in the prevention, subsequent years. Specifically, Partners Nominations of topics for AHRQ diagnosis, treatment, or management of are expected to serve as resources to evidence reports, technology a disease or condition; or in changing EPCs as they develop the evidence assessments, and comparative the use of a procedure or technology; reports related to the nominated topic; effectiveness reviews should focus on informing and improving patient and/or serve as external peer reviewers of specific aspects of prevention, provider decision making; improving relevant draft evidence reports and diagnosis, treatment and/or health outcomes; and/or reducing costs; assessments; and commit to timely management of a particular condition; and, translation of the EPC reports and an individual procedure, treatment, or F. Nominating organization’s plan to assessments into their own quality technology; or a specific health care disseminate derivative products, improvement tools (e.g., clinical organizational or financial strategy. The measure use and impact of these practice guidelines, performance processes that AHRQ employs to select products on outcomes, or otherwise measures), educational programs, or clinical and behavioral topics as well as incorporate the report into its reimbursement policies; and organization and financing topics managerial or policy decision making. dissemination of these derivative nominated by the EPCs are described 7. Submission of Nominations products to their membership or other below. For each topic, the nominating health care stakeholders, as appropriate. organization must provide the following Topic nominations for general topics AHRQ also is interested in all the uses information: should be submitted to Beth A. Collins of these derivative products and the A. Rationale and supporting evidence Sharp, Ph.D., R.N., Director, Evidence- products’ impact on enhanced health on the relevance and importance of the based Practice Centers (EPC) Program, care. AHRQ looks to its Partners to topic; Center for Outcomes and Evidence, provide use and impact data on B. Three to five focused questions on AHRQ, 540 Gaither Road, Rockville, MD products that are based on EPC evidence the topic to be addressed; 20850. Electronic submissions to reports and technology assessments. C. Plans for rapid translation of the [email protected] are preferred. Topic evidence reports and technology nominations for comparative 4. Topics for Reports assessments into clinical guidelines, effectiveness reviews should be The EPCs prepare evidence reports, performance measures, educational submitted to http:// technology assessments, and programs, or other strategies for www.effectivehealthcare.ahrq.gov. comparative and effectiveness reviews strengthening the quality of health care Dated: March 8, 2007. on topics for which there is significant services, or plans to inform Carolyn M. Clancy, demand for information by health care development of reimbursement or Director. providers, insurers, purchasers, health- coverage policies; related societies, and patient advocacy D. Plans for use and/or dissemination [FR Doc. 07–1236 Filed 3–15–07; 8:45 am] organizations. Such topics may include of these derivative products, e.g., to BILLING CODE 4160–90–M the prevention, diagnosis and/or membership and others, if appropriate; treatment of particular clinical and and, behavioral conditions, use of alternative E. Process by which the nominating DEPARTMENT OF HEALTH AND or complementary therapies, and organization will measure the use of HUMAN SERVICES appropriate use of commonly provided these products and impact of such use. services, procedures, or technologies. Administration for Children and Topics also may include issues related 6. Topic Selection Families to the organization and financing of care Factors that will be considered in the Submission for OMB Review; such as risk adjustment methodologies, selection of topics for AHRQ evidence Comment Request market performance measures, provider reports, technology assessments, and payment mechanisms, and insurance comparative and effectiveness reviews Title: State Title IV–D Agency purchasing tools, as well as and which should/may be addressed in Caseworkers On-Line Survey. measurement or evaluation of provider nomination material, include: OMB No.: New Collection. integration of new scientific findings A. Burden of related disease(s) Description: The Office of Child regarding health care and delivery including severity, incidence and/or Support Enforcement (OCSE) plans to innovations. Previous reports and prevalence or relevance of the reach out to as many State child support reviews can be found at http:// organizational/financial topic to the enforcement caseworkers as possible to www.ahrq.gov/clinic/epcix.htm and general population and/or AHRQ’s or invite them to participate in a brief on- http://effectivehealthcare.ahrq.gov/ the Secretary’s priorities which are line survey. The responses will be used products/progress.cfm. available at http:// to determine if OCSE needs to modify AHRQ is very interested in receiving www.effectivehealthcare.ahrq.gov; the content and the means of topic nominations from professional B. Total costs associated with a communicating information and societies and organizations composed of condition, procedure, treatment, training materials used to process child members of minority populations, as technology, or organization/financial support enforcement cases. All well as topic nominations that have topic taking into account the number of information will be treated significant impact on AHRQ priority people needing such care, the unit cost confidentially and will not be identified populations including low-income of care, and related or indirect costs; by State or e-mail address of groups, minority groups, women, C. Relevance to the needs of the respondents. Depending on the overall children, the elderly, and individuals Medicare, Medicaid and other Federal response rate to the outreach efforts with special health care needs, such as health care programs; through the title IV–D agencies, the those with disabilities, those who need D. Controversy or uncertainty about actual number of respondents could be chronic care or end-of-life healthcare, or the topic and availability of scientific much lower than the nationwide

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estimate of 60,000 caseworkers used for Respondents: State Title IV–D Agency the burden estimates. Caseworkers.

ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Invitation to participate in on-line survey ...... 60,000 1 .1 6,000

Estimated Total Annual Burden recommendations to the agency on 8:30 a.m. and 9:30 a.m. Those desiring Hours: 6,000. FDA’s regulatory issues. to make formal oral presentations Additional Information: Copies of the Date and Time: The meeting will be should notify the contact person and proposed collection may be obtained by held on April 11, 2007, from 8:30 a.m. submit a brief statement of the general writing to the Administration for to 4 p.m. nature of the evidence or arguments Children and Families, Office of Location: Food and Drug they wish to present, the names and Administration, Office of Information Administration, Center for Drug addresses of proposed participants, and Services, 370 L’Enfant Promenade, SW., Evaluation and Research Advisory an indication of the approximate time Washington, DC 20447, Attn: ACF Committee Conference Room, rm. 1066, requested to make their presentation on Reports Clearance Officer. All requests 5630 Fishers Lane, Rockville, MD. or before March 21, 2007. Time allotted Contact Person: Lt. Sohail should be identified by the title of the for each presentation may be limited. If Mosaddegh, Center for Drug Evaluation information collection. E-mail address: the number of registrants requesting to and Research (HFD–21), Food and Drug [email protected]. speak is greater than can be reasonably OMB Comment: OMB is required to Administration, 5600 Fishers Lane (for accommodated during the scheduled make a decision concerning the express delivery, 5630 Fishers Lane, rm. open public hearing session, FDA may collection of information between 30 1093), Rockville, MD 20857, 301–827– conduct a lottery to determine the and 60 days after publication of this 7001, FAX: 301–827–6776, e-mail: document in the Federal Register. [email protected], or FDA speakers for the scheduled open public Therefore, a comment is best assured of Advisory Committee Information Line, hearing session. The contact person will having its full effect if OMB receives it 1–800–741–8138 (301–443–0572 in the notify interested persons regarding their within 30 days of publication. Written Washington, DC area), code request to speak by March 22, 2007. comments and recommendations for the 3014512530. Please call the Information Closed Committee Deliberations: On proposed information collection should Line for up-to-date information on this April 11, 2007, from 9:30 a.m. to 4 p.m., be sent directly to the following: Office meeting. the meeting will be closed to permit of Management and Budget, Paperwork Agenda: The meeting will be open to discussion and review of trade secret Reduction Project, Fax: 202–395–6974, the public from 8:30 a.m. to 9:30 a.m., and/or confidential commercial Attn: Desk Officer for the unless public participation does not last information (5 U.S.C. 552b(c)(4)). Administration for Children and that long, from 9:30 a.m. to 4 p.m., the Persons attending FDA’s advisory Families. meeting will be closed to permit discussion and review of trade secret committee meetings are advised that the Dated: March 12, 2007. and/or confidential commercial agency is not responsible for providing Robert Sargis, information. access to electrical outlets. Reports Clearance Officer. FDA intends to make background FDA welcomes the attendance of the [FR Doc. 07–1231 Filed 3–15–07; 8:45 am] material available to the public no later public at its advisory committee BILLING CODE 4184–01–M than 1 business day before the meeting. meetings and will make every effort to If FDA is unable to post the background accommodate persons with physical material on its Web site prior to the disabilities or special needs. If you DEPARTMENT OF HEALTH AND meeting, the background material will HUMAN SERVICES require special accommodations due to be made publicly available at the a disability, please contact Sohail location of the advisory committee Food and Drug Administration Mosaddegh at least 7 days in advance of meeting, and the background material the meeting. Anti-Infective Drugs Advisory will be posted on FDA’s Web site after Notice of this meeting is given under Committee; Notice of Meeting the meeting. Background material is available at http://www.fda.gov/ohrms/ the Federal Advisory Committee Act (5 AGENCY: Food and Drug Administration, dockets/ac/acmenu.htm, click on the U.S.C. app. 2). HHS. year 2007 and scroll down to the Dated: March 8, 2007. ACTION: Notice. appropriate advisory committee link. Randall W. Lutter, Procedure: On April 11, 2007, from This notice announces a forthcoming 8:30 a.m. to 9:30 a.m., the meeting is Associate Commissioner for Policy and meeting of a public advisory committee open to the public. Interested persons Planning. of the Food and Drug Administration may present data, information, or views, [FR Doc. E7–4860 Filed 3–15–07; 8:45 am] (FDA). At least one portion of the orally or in writing, on issues pending BILLING CODE 4160–01–S meeting will be closed to the public. before the committee. Written Name of Committee: Anti-Infective submissions may be made to the contact Drugs Advisory Committee. person on or before March 28, 2007. General Function of the Committee: Oral presentations from the public will To provide advice and be scheduled between approximately

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DEPARTMENT OF HEALTH AND May 2, 2007, the committee will do the Notice of this meeting is given under HUMAN SERVICES following: (1) Receive an update from the Federal Advisory Committee Act (5 the Office of Generic Drugs (OGD) on U.S.C. app. 2). Food and Drug Administration the bioequivalence of highly variable Dated: March 8, 2007. drugs, (2) receive an update on and Advisory Committee for Randall W. Lutter, discuss general strategies within the Associate Commissioner for Policy and Pharmaceutical Science and Clinical OGD pertaining to the bioequivalence of Pharmacology (formerly called Planning. narrow therapeutic index drug products, [FR Doc. E7–4797 Filed 3–15–07; 8:45 am] Advisory Committee for and (3) discuss and provide comments BILLING CODE 4160–01–S Pharmaceutical Science); Notice of on the topic of alcohol-induced dose Meeting dumping. AGENCY: Food and Drug Administration, FDA intends to make background DEPARTMENT OF HEALTH AND HHS. material available to the public no later HUMAN SERVICES than 1 business day before the meeting. ACTION: Notice. If FDA is unable to post the background National Institutes of Health This notice announces a forthcoming material on its Web site prior to the meeting of a public advisory committee meeting, the background material will National Center for Research of the Food and Drug Administration be made publicly available at the Resources; Notice of Closed Meeting (FDA). The meeting will be open to the location of the advisory committee Pursuant to section 10(d) of the public. meeting, and the background material Federal Advisory Committee Act, as Name of Committee: Advisory will be posted on FDA’s Web site after amended (5 U.S.C. Appendix 2), notice Committee for Pharmaceutical Science the meeting. Background material is is hereby given of the following and Clinical Pharmacology (formerly available at http://www.fda.gov/ohrms/ meeting. called Advisory Committee for dockets/ac/acmenu.htm, click on the The meeting will be closed to the Pharmaceutical Science). year 2007 and scroll down to the public in accordance with the General Function of the Committee: appropriate advisory committee link. provisions set forth in sections To provide advice and Procedure: Interested persons may 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., recommendations to the agency on present data, information, or views, as amended. The grant applications and FDA’s regulatory issues. orally or in writing, on issues pending the discussions could disclose Date and Time: The meeting will be before the committee. Written confidential trade secrets or commercial held on May 1 and 2, 2007, from 8:30 submissions may be made to the contact property such as patentable material, a.m. to 5 p.m. person on or before April 17, 2007. Oral and personal information concerning Location: Food and Drug presentations from the public will be individuals associated with the grant Administration, Center for Drug scheduled between approximately 1 applications, the disclosure of which Evaluation and Research Advisory p.m. and 2 p.m. each day. Those would constitute a clearly unwarranted Committee Conference Room, rm. 1066, desiring to make formal oral invasion of personal privacy. 5630 Fishers Lane, Rockville, MD. presentations should notify the contact Name of Committee: National Center for Contact Person: Victoria Ferretti- person and submit a brief statement of Research Resources Special Emphasis Panel, Aceto, Center for Drug Evaluation and the general nature of the evidence or TSPC–SEP Teleconference. Research (HFD–21), Food and Drug arguments they wish to present, the Date: March 27, 2007. Administration, 5600 Fishers Lane (for names and addresses of proposed Time: 11 a.m. to 1 p.m. express delivery, 5630 Fishers Lane, rm. participants, and an indication of the Agenda: To review and evaluate grant 1093) Rockville, MD 20857, 301–827– approximate time requested to make applications. their presentation on or before April 9, Place: National Institutes of Health, One 7001, FAX: 301–827–6776, e-mail: Democracy Plaza, 6701 Democracy [email protected], or 2007. Time allotted for each Boulevard, Bethesda, MD 20892 (Telephone FDA Advisory Committee Information presentation may be limited. If the Conference Call). Line, 1–800–741–8138 (301–443–0572) number of registrants requesting to Contact Person: John R. Glowa, PhD, in the Washington, DC area), code speak is greater than can be reasonable Scientific Review Administrator, National 3014512539.Please call the Information accommodated during the scheduled Center for Research Resources, or National Line for up to date information on this open public hearing session, FDA may Institutes of Health, 6701 Democracy Blvd., conduct a lottery to determine the 1 Democracy Plaza, Room 1078—Msc 4874, meeting. Bethesda, MD 20892–4874, 301–435–0807, Agenda: On May 1, 2007, the speakers for the scheduled open public [email protected]. committee will do the following: (1) hearing session. The contact person will This notice is being published less than 15 Receive and discuss updates from the notify interested persons regarding their days prior to the meeting due to the timing October 18 and 19, 2006, Clinical request to speak by April 10, 2007. limitations imposed by the review and Pharmacology Subcommittee Meeting Persons attending FDA’s advisory funding cycle. and the April 30, 2007, Manufacturing committee meetings are advised that the (Catalogue of Federal Domestic Assistance Subcommittee Meeting; (2) receive an agency is not responsible for providing Program Nos. 93.306, Comparative Medicine; update, discuss and make comments on access to electrical outlets. 93.333, Clinical Research; 93.371, Biomedical current strategies and directions for the FDA welcomes the attendance of the Technology; 93.389, Research Infrastructure; Critical Path Initiative; (3) receive an public at its advisory committee 93.306, 93.333, National Institutes of Health, HHS) update and discuss revisions to the FDA meetings and will make every effort to draft guidance for industry entitled accommodate persons with physical Dated: March 8, 2007. ‘‘Comparability Protocols — Chemistry, disabilities or special needs. If you Anna Snouffer, Manufacturing, and Controls require special accommodations due to Acting Director, Office of Federal Advisory Information;’’ (4) discuss current a disability, please contact Victoria Committee Policy. thinking on risk-based approaches to Ferretti-Aceto at least 7 days in advance [FR Doc. 07–1225 Filed 3–15–07; 8:45 am] managing post-approval activity. On of the meeting. BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND Road, NW., Washington, DC, 20015 93.282, Mental Health National Research HUMAN SERVICES which was published in the Federal Service Awards for Research Training, Register on February 13, 2007, 72 FR National Institutes of Health, HHS) National Institutes of Health 6740. Dated: March 9, 2007. The meeting will include an Open Anna Snouffer, National Heart, Lung, and Blood session from 8 a.m. to 8:30 a.m. for Acting Director, Office of Federal Advisory Institute; Notice of Closed Meeting concept clearance of a proposed RFA on Committee Policy. Pursuant to section 10(d) of the Anorexia. The remainder of the meeting [FR Doc. 07–1220 Filed 3–15–07; 8:45 am] Federal Advisory Committee Act, as will be Closed for grant review. The BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice meeting is partially Closed to the public. is hereby given of the following Dated: March 9, 2007. meeting. Anna Snouffer, DEPARTMENT OF HEALTH AND The meeting will be closed to the Acting Director, Office of Federal Advisory HUMAN SERVCIES public in accordance with the Committee Policy. National Institutes of Health provisions set forth in sections [FR Doc. 07–1219 Filed 3–15–07; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–M National Institute of Allergy and as amended. The grant applications and Infectious Diseases; Notice of Closed the discussions could disclose Meetings. confidential trade secrets or commercial DEPARTMENT OF HEALTH AND property such as patentable material, HUMAN SERVICES Pursuant to section 10(d) of the and personal information concerning Federal Advisory Committee Act, as individuals associated with the grant National Institutes of Health amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which is hereby given of the following would constitute a clearly unwarranted National Institute of Mental Health; meetings. invasion of personal privacy. Notice of Closed Meeting The meetings will be closed to the Name of Committee: National Heart, Lung, Pursuant to section 10(d) of the public in accordance with the and Blood Institute Special Emphasis Panel, Federal Advisory Committee Act, as provisions set forth in sections Collaborative Studies on Lung Stem Cell amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Biology and Cell Based Therapy. is hereby given of the following as amended. The grant applications and Date: April 20, 2007. meeting. the discussions could disclose Time: 8 a.m. to 5 p.m. The meeting will be closed to the confidential trade secrets or commercial Agenda: To review and evaluate grant public in accordance with the property such as patentable material, applications. provisions set forth in sections and personal information concerning Place: Four Points Sheraton BWI Airport, individuals associated with the grant 7032 Elm Street, Baltimore, MD 21240. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Katherine M. Malinda, as amended. The contract proposals and applications, the disclosure of which PhD, Scientific Review Administrator, the discussions could disclose would constitute a clearly unwarranted Review Branch/DERA, National Heart, Lung, confidential trade secrets or commercial invasion of personal privacy. and Blood Institute, 6701 Rockledge Drive, property such as patentable material, Name of Committee: National Institute of Room 7198, Bethesda, MD 20892–7924, 301– and personal information concerning Allergy and Infectious Diseases Special 435–0297, [email protected]. individuals associated with the contract Emphasis Panel, HIV Prevention in Men. (Catalogue of Federal Domestic Assistance proposals, the disclosure of which Date: April 10, 2007. Program Nos. 93.233, National Center for would constitute a clearly unwarranted Time: 3 p.m. to 4:30 p.m. Sleep Disorders Research; 93.837, Heart and invasion of personal privacy. Agenda: To review and evaluate grant Vascular Diseases Research; 93.838, Lung applications. Diseases Research; 93.839, Blood Diseases Name of Committee: National Institute of Place: National Institutes of Health, and Resources Research, National Institutes Mental Health Special Emphasis Panel, Small Rockledge 6700, 6700B Rockledge Drive, of Health, HHS) Business Innovation Research Review. Room 3265, Bethesda, MD 20817, (Telephone Date: March 23, 2007. Conference Call). Dated: March 9, 2007. Time: 9:30 a.m. to 12 p.m. Contact Person: Ellen S. Buczko, PHD, Anna Snouffer, Agenda: To review and evaluate contract Scientific Review Administrator, Scientific Acting Director, Office of Federal Advisory proposals. Review Program, Division of Extramural Committee Policy. Place: National Institutes of Health, Activities, National Institutes of Health/ Neuroscience Center, 6001 Executive [FR Doc. 07–1222 Filed 3–15–07; 8:45 am] NIAID, 6700B Rockledge Drive, MSC 7616, Boulevard, Rockville, MD 20852 (Telephone Bethesda, MD 20892–7616, 301–451–2676, BILLING CODE 4140–01–M Conference Call). [email protected]. Contact Person: Christopher S. Sarampote, Name of Committee: National Institute of PhD, Scientific Review Administrator, Allergy and Infectious Diseases Special DEPARTMENT OF HEALTH AND Division of Extramural Activities, National Emphasis Panel, Cooperative Research into Institute of Mental Health, NIH, HUMAN SERVICES Therapeutics and Diagnostics for Category B Neuroscience Center, 6001 Executive Blvd., Bacteria, Viruses, and Parasites. National Institutes of Health Room 6148, MSC 9608, Bethesda, MD 20892, 301–443–1959, [email protected]. Date: April 11–13, 2007. Time: 8 a.m. to 6 p.m. National Institute of Mental Health; This notice is being published less than 15 Agenda: To review and evaluate grant Amended Notice of Meeting days prior to the meeting due to the timing applications. limitations imposed by the review and Notice is hereby given of a change in Place: Hotel Washington, 15th and funding cycle. Pennsylvania Avenue, Washington, DC the meeting of the National Institute of (Catalogue of Federal Domestic Assistance 20004. Mental Health Special Emphasis Panel, Program Nos. 93.242, Mental Health Research Contact Person: Mary J. Homer, PhD, March 12, 2007, 8 a.m. to March 12, Grants; 93.281, Scientist Development Scientific Review Administrator, Scientific 2007, 3 p.m., Embassy Suites at the Award, Scientist Development Award for Review Program, Division of Extramural Chevy Chase Pavilion, 4300 Military Clinicians, and Research Scientist Award; Activities, NIAID/NIH/DHHS, 6700B

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Rockledge Drive, MSC 7616, Bethesda, MD Contact Person: Michael L. Bloom, PhD, Place: NIEHS/National Institutes of Health, 20892, (301) 496–7042, Scientific Review Administrator, EP Review Building 4401, East Campus, 79 T.W. [email protected]. Branch, NIH/NIAMS, One Democracy Plaza, Alexander Drive, Research Triangle Park, NC Room 820, MSC 4872, 6701 Democracy Blvd, 27709 (Telephone Conference Call). (Catalogue of Federal Domestic Assistance Bethesda, MD 20892–4872, 301–594–4953, Contact Person: Linda K. Bass, Scientific Program Nos. 93.855, Allergy, Immunology, [email protected]. Review Administrator, Scientific Review and Transplantation Research; 93.856, (Catalogue of Federal Domestic Assistance Branch, Division of Extramural Research and Microbiology and Infectious Disease Training, Nat. Institute Environmental Health Research, National Institutes of Health, HHS) Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, Sciences, P.O. Box 12233, MD EC–30, Dated: March 9, 2007. National Institutes of Health, HHS) Research Triangle Park, NC 27709, (919) 541– Anna Snouffer, 1307, [email protected]. Dated: March 9, 2007. Acting Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Anna Snouffer, Committee Policy. Program Nos. 93.115, Biometry and Risk Acting Director, Office of Federal Advisory Estimation—Health Risks from [FR Doc. 07–1221 Filed 3–15–07; 8:45 am] Committee Policy. Environmental Exposures; 93.142, NIEHS BILLING CODE 4140–01–M [FR Doc. 07–1223 Filed 3–15–07; 8:45 am] Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund BILLING CODE 4140–01–M Hazardous Substances—Basic Research and DEPARTMENT OF HEALTH AND Education; 93.894, Resources and Manpower HUMAN SERVICES Development in the Environmental Health DEPARTMENT OF HEALTH AND Sciences; 93.113, Biological Response to National Institutes of Health HUMAN SERVICES Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, National Institute of Arthritis and National Institutes of Health National Institutes of Health, HHS) Musculoskeletal and Skin Diseases; National Institute of Environmental Dated: March 9, 2007. Notice of Closed Meetings Health Sciences; Notice of Closed Anna Snouffer, Meetings Acting Director, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as Pursuant to section 10(d) of the [FR Doc. 07–1224 Filed 3–15–07; 8:45 am] amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as BILLING CODE 4140–01–M is hereby given of the following amended (5 U.S.C. Appendix 2), notice meetings. is hereby given of the following The meetings will be closed to the meetings. DEPARTMENT OF HEALTH AND public in accordance with the The meetings will be closed to the HUMAN SERVICES provisions set forth in sections public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections National Institutes of Health as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose as amended. The grant applications and National Institute of Diabetes and confidential trade secrets or commercial the discussions could disclose Digestive and Kidney Diseases; Notice property such as patentable material, confidential trade secrets or commercial of Closed Meeting and personal information concerning property such as patentable material, Pursuant to section 10(d) of the individuals associated with the grant and personal information concerning Federal Advisory Committee Act, as applications, the disclosure of which individuals associated with the grant amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted applications, the disclosure of which is hereby given of the following invasion of personal privacy. would constitute a clearly unwarranted meeting. Name of Committee: National Institute of invasion of personal privacy. The meeting will be closed to the Arthritis and Musculoskeletal and Skin Name of Committee: National Institute of public in accordance with the Diseases Special Emphasis Panel, Rheumatic Environmental Health Sciences Special provisions set forth in sections Diseases Research Core Centers. Emphasis Panel, Review of Patient-Oriented 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: April 10–11, 2007. Career Development Award. as amended. The grant applications and Time: 7 a.m. to 5 p.m. Date: April 9, 2007. the discussions could disclose Agenda: To review and evaluate grant Time: 1 p.m. to 2 p.m. confidential trade secrets or commercial applications. Agenda: To review and evaluate grant Place: Hyatt Regency Bethesda, One applications. property such as patentable material, Bethesda Metro Center, 7400 Wisconsin Place: NIEHS/National Institutes of Health, and personal information concerning Avenue, Bethesda, MD 20814. Building 4401, East Campus, 79 T.W. individuals associated with the grant Contact Person: Kan Ma, PhD, Scientific Alexander Drive, Research Triangle Park, NC applications, the disclosure of which Review Administrator, EP Review Branch, 27709 (Telephone Conference Call). would constitute a clearly unwarranted NIH/NIAMS, One Democracy Plaza, Suite Contact Person: Linda K. Bass, Scientific invasion of personal privacy. 800, MSC 4872, 6701 Democracy Blvd., Review Administrator, Scientific Review Name of Committee: National Institute of Bethesda, MD 20892–4872, 301–594–4952, Branch, Division of Extramural Research and Diabetes and Digestive and Kidney Diseases [email protected]. Training, Nat. Institute Environmental Health Special Emphasis Panel, Chronic Kidney Name of Committee: National Institute of Sciences, P.O. Box 12233, MD EC–30, Disease in Pediatric HIV–Infection. Arthritis and Musculoskeletal and Skin Research Triangle Park, NC 27709, (919) 541– Date: April 6, 2007. Diseases Special Emphasis Panel, Center for 1307, [email protected]. Time: 3 p.m. to 4 p.m. Research Translation. Name of Committee: National Institute of Agenda: To review and evaluate grant Date: May 23–24, 2007. Environmental Health Sciences Special applications. Time: 8 a.m. to 6 p.m. Emphasis Panel, Review of Patient-Oriented Place: National Institutes of Health, Two Agenda: To review and evaluate grant Career Development Award. Democracy Plaza, 6707 Democracy applications. Date: April 12, 2007. Boulevard, Bethesda, MD 20892 (Telephone Place: Marriott Bethesda North Hotel & Time: 1:30 p.m. to 2:30 p.m. Conference Call). Conference Center, 5701 Marinelli Road, Agenda: To review and evaluate grant Contact Person: Lakshmanan Sankaran, North Bethesda, MD 20852. applications. PhD, Scientific Review Administrator,

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Review Branch, DEA, NIDDK, National In the interest of security, NIH has Physiology, and Biological Chemistry Institutes of Health, Room 755, 6707 instituted stringent procedures for entrance Research; 93.862, Genetics and Democracy Boulevard, Bethesda, MD 20892– onto the NIH campus. All visitor vehicles, Developmental Biology Research; 93.88, 5452, (301) 594–7799, [email protected]. including taxicabs, hotel, and airport shuttles Minority Access to Research Careers; 93.96, (Catalogue of Federal Domestic Assistance will be inspected before being allowed on Special Minority Initiatives, National Program Nos. 93.847, Diabetes, campus. Visitors will be asked to show one Institutes of Health, HHS) form of identification (for example, a Endocrinology and Metabolic Research; Dated: March 8, 2007. government-issued photo ID, driver’s license, 93.848, Digestive Diseases and Nutrition Anna Snouffer, Research; 93.849, Kidney Diseases, Urology or passport) and state the purpose of their Acting Director, Office of Federal Advisory and Hematology Research, National Institutes visit. of Health, HHS) (Catalogue of Federal Domestic Assistance Committee Policy. Program Nos. 93.847, Diabetes, [FR Doc. 07–1230 Filed 3–15–07; 8:45 am] Dated: March 8, 2007. Endocrinology and Metabolic Research; BILLING CODE 4140–01–M Anna Snouffer, 93.848, Digestive Diseases and Nutrition Acting Director, Office of Federal Advisory Research; 93.849, Kidney Diseases, Urology Committee Policy. and Hematology Research, National Institutes DEPARTMENT OF HEALTH AND [FR Doc. 07–1226 Filed 3–15–07; 8:45 am] of Health, HHS) HUMAN SERVICES BILLING CODE 4140–01–M Dated: March 8, 2007. Anna Snouffer, National Institutes of Health Acting Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Committee Policy. Center for Scientific Review; Amended Notice of Meeting HUMAN SERVICES [FR Doc. 07–1227 Filed 3–15–07; 8:45 am] National Institutes of Health BILLING CODE 4140–01–M Notice is hereby given of a change in the meeting of the Center for Scientific National Institute of Diabetes and Review Special Emphasis Panel, March Digestive and Kidney Diseases; Notice DEPARTMENT OF HEALTH AND 28, 2007, 8 a.m. to March 28, 2007, 5 of Closed Meeting HUMAN SERVICES p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD, 20892 Pursuant to section 10(d) of the National Institutes of Health which was published in the Federal Federal Advisory Committee Act, as Register on March 3, 2007, 72 FR 9547– amended (5 U.S.C. Appendix 2), notice National Institute of General Medical Sciences; Notice of Closed Meeting 9548. is hereby given of a meeting of the The starting time of the meeting on Board of Scientific Counselors, NIDDK. Pursuant to section 10(d) of the March 28, 2007 has been changed to 12 The meeting will be closed to the Federal Advisory Committee Act, as p.m. until adjournment. The meeting public as indicated below in accordance amended (5 U.S.C. Appendix 2), notice location remains the same. The meeting with the provisions set forth in section is hereby given of the following is closed to the public. 552b(c)(6), Title 5 U.S.C., as amended meeting. for the review, discussion, and Dated: March 8, 2007. The meeting will be closed to the Anna Snouffer, evaluation of individual intramural public in accordance with the programs and projects conducted by the Acting Director, Office of Federal Advisory provisions set forth in sections Committee Policy. National Institute of Diabetes and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 07–1228 Filed 3–15–07; 8:45 am] Digestive and Kidney Diseases, as amended. The grant applications and including consideration of personnel the discussions could disclose BILLING CODE 4140–01–M qualifications and performance, and the confidential trade secrets or commercial competence of individual investigators, property such as patentable material, the disclosure of which would DEPARTMENT OF HEALTH AND and personal information concerning HUMAN SERVICES constitute a clearly unwarranted individuals associated with the grant invasion of personal privacy. applications, the disclosure of which National Institutes of Health Name of Committee: Board of Scientific would constitute a clearly unwarranted Counselors, NIDDK. invasion of personal privacy. Center for Scientific Review; Notice of Date: April 12, 2007. Closed Meetings Time: 8:15 a.m. to 6 p.m. Name of Committee: National Institute of Agenda: To review and evaluate personal General Medical Sciences Special Emphasis Pursuant to section 10(d) of the Panel, NIH Director’s Pioneer Awards. qualifications and performance, and Federal Advisory Committee Act, as competence of individual investigators. Date: April 23, 2007. Time: 8 a.m. to 11:59 p.m. amended (5 U.S.C. Appendix 2), notice Place: National Institutes of Health, is hereby given of the following building 10, 9000 Rockville Pike, Room Agenda: To review and evaluate grant applications. meetings. 9S235, Bethesda, MD 20892. The meetings will be closed to the Contact Person: Marvin C. Gershengorn, Place: National Institutes of Health, MD, Scientific Director, Division of Natcher Building, 45 Center Drive, Bethesda, public in accordance with the Intramural Research, National Institute of MD 20892 (Virtual Meeting). provisions set forth in sections Diabetes and Digestive and Kidney Diseases, Contact Person: Judith H. Greenberg, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health, 9000 Rockville Director, Division of Genetics and as amended. The grant applications and Pike, Bldg. 10, rm. 9N222, Bethesda, MD Developmental Biology, National Institute of General Medical Sciences, National Institutes the discussions could disclose 20892, (301) 496–4129. confidential trade secrets or commercial Any interested person may file written of Health, Natcher Building, Room 2AN–12B, Bethesda, MD 20892, 301–594–2755, property such as patentable material, comments with the committee by forwarding and personal information concerning the statement to the Contact Person listed on [email protected]. this notice. The statement should include the (Catalogue of Federal Domestic Assistance individuals associated with the grant name, address, telephone number and when Program Nos. 93.375, Minority Biomedical applications, the disclosure of which applicable, the business or professional Research Support; 93.821, Cell Biology and would constitute a clearly unwarranted affiliation of the interested person. Biophysics Research; 93.859, Pharmacology, invasion of personal privacy.

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Name of Committee: Center for Scientific Name of Committee: Center for Scientific DEPARTMENT OF HOMELAND Review Special Emphasis Panel, Muscle Review Special Emphasis Panel, Molecular SECURITY Physiology. Requirements of B Cell Receptor Antigen Date: March 27, 2007. Internalization. Office of the Secretary Time: 11 a.m. to 1 p.m. Date: April 3, 2007. [Docket No. DHS–2007–0014] Agenda: To review and evaluate grant Time: 1 p.m. to 2 p.m. applications. Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 Notice of Meeting of National applications. Rockledge Drive, Bethesda, MD 20892 Infrastructure Advisory Council (NIAC) (Telephone Conference Call). Place: National Institutes of Health, 6701 Contact Person: Jo Pelham, BA, Scientific Rockledge Drive, Bethesda, MD 20892 AGENCY: Directorate for Preparedness, Review Administrator, Center for Scientific (Telephone Conference Call). DHS. Review, National Institutes of Health, 6701 Contact Person: Betty Hayden, PhD, ACTION: Notice of Meeting. Rockledge Drive, Room 4102, MSC 7814, Scientific Review Administrator, Center for Bethesda, MD 20892, (301) 435–1786, Scientific Review, National Institutes of SUMMARY: The National Infrastructure [email protected]. Health, 6701 Rockledge Drive, Room 4206, Advisory Council (NIAC) will meet in This notice is being published less than 15 MSC 7812, Bethesda, MD 20892, (301) 435– open session. days prior to the meeting due to the timing 1223, [email protected]. DATES: Tuesday, April 10, 2007, from limitations imposed by the review and funding cycle. Name of Committee: Center for Scientific 1:30 p.m. to 4:30 p.m. Review Special Emphasis Panel, FICRS Name of Committee: Center for Scientific ADDRESSES: National Press Club, 529 Review Special Emphasis Panel, Resource and Support Center. 14th Street, NW., Washington, DC Musculoskeletal Tissue Engineering Member Date: April 12, 2007. 20045. You may submit comments, Conflicts. Time: 9 a.m. to 5 p.m. identified by DHS–2007–0014, by one of Date: March 28, 2007. Agenda: To review and evaluate grant the following methods: Time: 12 p.m. to 1:30 p.m. applications. • Federal eRulemaking Portal: http:// Agenda: To review and evaluate grant Place: Embassy Suites at the Chevy Chase www.regulations.gov. Follow the applications. Pavilion, 4300 Military Road, NW., instructions for submitting comments. Place: National Institutes of Health, 6701 Washington, DC 20015. • E-mail: Rockledge Drive, Bethesda, MD 20892 Contact Person: Sherry L. Dupere, PhD, [email protected]. (Telephone Conference Call). Scientific Review Administrator, Center for Contact Person: Daniel F. McDonald, PhD, When submitting comments Scientific Review, National Institutes of Scientific Review Administrator, Chief, electronically, please include by DHS– MOSS IRG, Center for Scientific Review, Health, 6701 Rockledge Drive, Room 5136, 2007–0014, in the subject line of the National Institutes of Health, 6701 Rockledge MSC 7843, Bethesda, MD 20892, (301) 435– message. Drive, Room 4214, MSC 7814, Bethesda, MD 1021, [email protected]. • Mail: Jenny Menna, Department of 20892, (301) 435–1215, Name of Committee: Surgical Sciences, Homeland Security, Directorate for [email protected]. Biomedical Imaging and Bioengineering Preparedness, Washington, DC 20528. This notice is being published less than 15 Integrated Review Group, Bioengineering, To ensure proper handling, please days prior to the meeting due to the timing Technology and Surgical Sciences Study reference by DHS–2007–0014, on your limitations imposed by the review and Section. funding cycle. correspondence. This mailing address Date: May 21–22, 2007. may be used for paper, disk or CD–ROM Name of Committee: Brain Disorders and Time: 8 a.m. to 4 p.m. Clinical Neuroscience Integrated Review submissions. Agenda: To review and evaluate grant • Group, Cell Death in Neurodegeneration Hand Delivery/Courier: Jenny applications. Study Section. Menna, Department of Homeland Date: March 29–30, 2007. Place: Doubletree Hotel Bethesda, 8120 Security, Directorate for Preparedness, Time: 8 a.m. to 4 p.m. Wisconsin Avenue, Bethesda, MD 20814. Washington, DC 20528. Contact Agenda: To review and evaluate grant Contact Person: Dharam S. Dhindsa, DVM, Telephone Number 703–235–5352. applications. PhD, Scientific Review Administrator, Center Instructions: All submission received Place: Jurys Washington Hotel, 1500 New for Scientific Review, National Institutes of must include the words ‘‘Department of Hampshire Avenue, NW., Washington, DC Health, 6701 Rockledge Drive, Room 5110, Homeland Security’’ and DHS–2007– 20036. MSC 7854, Bethesda, MD 20892, (301) 435– 0014, the docket number for this action. Contact Person: David L. Simpson, PhD, 1174, [email protected]. Scientific Review Administrator, Center for Comments received will be posted Scientific Review, National Institutes of (Catalogue of Federal Domestic Assistance without alteration at http:// Health, 6701 Rockledge Drive, Room 5192, Program Nos. 93.306, Comparative Medicine; www.regulations.gov, including any MSC 7846, Bethesda, MD 20892, (301) 435– 93.333, Clinical Research, 93.306, 93.333, personal information provided. 1278, [email protected]. 93.337, 93.393–93.396, 93.837–93.844, Docket: For access to the docket to Name of Committee: Center for Scientific 93.846–93.878, 93.892, 93.893, National read background documents or Review Special Emphasis Panel, Mechanisms Institutes of Health, HHS) comments received, go to http:// of Neurodegeneration. Dated: March 8, 2007. www.regulations.gov. Date: March 30, 2007. Time: 3 p.m. to 5 p.m. Anna Snouffer, FOR FURTHER INFORMATION CONTACT: Agenda: To review and evaluate grant Acting Director, Office of Federal Advisory Jenny Menna, NIAC Designated Federal applications. Committee Policy. Officer, Department of Homeland Place: The Jurys Hotel, 1500 New [FR Doc. 07–1229 Filed 3–15–07; 8:45 am] Security, Washington, DC 20528; Hampshire Avenue, NW., Washington, DC telephone 703–235–5352. 20036. BILLING CODE 4140–01–M SUPPLEMENTARY INFORMATION: Notice of Contact Person: David L. Simpson, PhD, Scientific Review Administrator, Center for this meeting is given under the Federal Scientific Review, National Institutes of Advisory Committee Act (FACA), Public Health, 6701 Rockledge Drive, Room 5192, 92–463, as amended (5 U.S.C. App.). AT MSC 7846, Bethesda, MD 20892, (301) 435– this meeting, the NIAC will be briefed 1278, [email protected]. on the status of several Working Group

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activities in which the Council is Please consult the NIAC Web site, requet special assistance at the meeting, currently engaged. http://www.dhs.gov/niac, for the most telephone the Designated Federal This meeting is open to the public on current agenda. Officer as soon as possible. a first-come, first-served basis. Please Information on Services for note that the meeting may close early if Dated: March 8, 2007. Individuals with Disabilities: For all business is finished. Jenny Menna, A tentative agenda for the meeting is information on facilities or services for Designated Federal Officer for the NIAC. set forth below, but may be updated. individuals with disabilities, or to

DRAFT AGENDA OF APRIL 10, 2007 MEETING

I. Opening of Meeting ...... Jenny Menna, Designated Federal Officer, NIAC, Department of Home- land Security (DHS). II. Roll Call of Members ...... Jenny Menna. III. Opening Remarks and Introductions ...... NIAC Chairman, Erle A. Nye, Chairman Emritus, TXU Corp. Michael Chertoff, Secretary, DHS (Invited). Frances Fragos Townsend, Assistant to the President for Homeland Security and Counterterrorism (Invited). IV. Approval of April Minutes ...... NIAC Chairman, Erle A. Nye. V. Working Group Status Updates ...... NIAC Chairman, Erle A. Nye Presiding. A. Chemical, Biological, and Radiological Events and Critical Infra- Chief Rebecca F. Denlinger, Fire Chief, Cobb County, Georgia Fire structure Workers. and Emergency Services, NIAC Member, Martha H. Marsh, Presi- dent and CEO, Stanford Hospital and Clinics, NIAC Member and Bruce Rohde, Chairman and CEO Emeritus, ConAgra Foods, Inc., NIAC Member. B. The Insider Threat to Critical Infrastructure Control Systems ...... Edmund Archuleta, General Manager, El Paso Water Utilities, NIAC Member, and Thomas Noonan, General Manager, IBM Internet Se- curity Systems, NIAC Member. VI. New Business ...... NIAC Chairman, Erle A. Nye, NIAC Members. VII. Adjournment ...... NIAC Chairman, Erle A. Nye.

[FR Doc. 07–1235 Filed 3–12–07; 4:35 pm] Docket Management Facility at the U.S. provided. We have an agreement with BILLING CODE 4410–10–M Department of Transportation. To avoid the Department of Transportation (DOT) duplication, please use only one of the to use the Docket Management Facility. following methods: Please see DOT’s ‘‘Privacy Act’’ DEPARTMENT OF HOMELAND (1) Web site: http://dms.dot.gov. paragraph below. SECURITY (2) Mail: Docket Management Facility, Submitting comments: If you submit a U.S. Department of Transportation, 400 comment, please include your name and Coast Guard Seventh Street SW., Washington, DC 20590–0001. address, identify the docket number for [USCG–2007–27415] (3) Fax: 202–493–2251. this notice (USCG–2007–27415), and (4) Delivery: Room PL–401 on the give the reason for each comment. You Transportation Worker Identity may submit your comments and Credential (TWIC) Biometric Reader Plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, material by electronic means, mail, fax, Specification and TWIC Contactless or delivery to the Docket Management Smart Card Application between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Facility at the address under AGENCY: Coast Guard, DHS. The telephone number is 202–366– ADDRESSES; but please submit your ACTION: Notice of availability and 9329. comments and material by only one means. If you submit them by mail or request for comments. FOR FURTHER INFORMATION CONTACT: If delivery, submit them in an unbound you have questions on this notice, or the SUMMARY: format, no larger than 81⁄2 by 11 inches, The Coast Guard announces recommendations referenced in it, suitable for copying and electronic the availability of a draft Transportation please contact Lieutenant Danielle filing. If you submit them by mail and Worker Identification Credential (TWIC) Fennelly, U.S. Coast Guard, at 202–372– would like to know that they reached biometric reader specification and a 1136. If you have questions on viewing the Facility, please enclose a stamped, draft TWIC contactless smart card or submitting material to the docket, call self-addressed postcard or envelope. We application. These draft documents Renee V. Wright, Program Manager, have been recommended to the Coast Docket Operations, telephone 202–493– will consider all comments and material Guard by the National Maritime 0402. received during the comment period. Security Advisory Committee. We SUPPLEMENTARY INFORMATION: Viewing the comments and request your comments on these draft specifications: To view the comments recommended specifications, and on Public Participation and Request for and recommended specification and specific questions found at the end of Comments application, go to http://dms.dot.gov at this notice. We encourage you to submit any time, click on ‘‘Simple Search,’’ DATES: Comments and related material comments and related material on the enter the last five digits of the docket must reach the Docket Management recommended specification and number for this notice, and click on Facility on or before March 30, 2007. application. All comments received will ‘‘Search.’’ You may also visit the Docket ADDRESSES: You may submit comments be posted, without change, to http:// Management Facility in room PL–401 identified by Coast Guard docket dms.dot.gov and will include any on the Plaza level of the Nassif Building, number USCG–2007–27415 to the personal information you have 400 Seventh Street SW., Washington,

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DC, between 9 a.m. and 5 p.m., Monday Maritime Security > Maritime advantages and disadvantages of the through Friday, except Federal holidays. Transportation Security Act (MTSA) > alternative designs? Privacy Act: Anyone can search the National Maritime Security Advisory 6. How would the recommended electronic form of all comments Committee (NMSAC) > TWIC specifications impact product, system, received into any of our dockets by the Contactless Specification Development and operational costs? name of the individual submitting the Working Group, and in the docket for 7. How quickly could the comment (or signing the comment, if this notice. recommended specifications be submitted on behalf of an association, On March 1, 2007, the Coast Guard incorporated into the design and business, labor union, etc.). You may received NMSAC’s report, entitled manufacture of access control review the Department of ‘‘Recommendations on Developing a equipment? Transportation’s Privacy Act Statement Contactless Biometric Specification for 8. Should there be a process for in the Federal Register published on the TWIC.’’ The report includes two identifying a Qualified Products List April 11, 2000 (65 FR 19477), or you recommended specifications. NMSAC (QPL) or other equivalent regime? If so, may visit http://dms.dot.gov. expressed a strong preference for the what is the most efficient and effective first recommended specification, which way of creating a QPL? Background and Questions for does not require encryption of the The Coast Guard and TSA will Comment cardholder’s fingerprint template; this examine all comments received The National Maritime Security would permit the template to be read by concerning NMSAC’s recommended Advisory Council (NMSAC) was created a reader when the card is energized by specifications and the questions above. pursuant to the Federal Advisory a contactless reader. The second We will issue a Notice in the Federal Committee Act, 5 U.S.C., App. 2 (FACA) recommended specification provides for Register to explain and announce the in 2003. The membership of NMSAC, encryption of the fingerprint template, selected technology specification as we which includes 21 voting members, was which protects the template from being proceed with the TWIC program, in selected to represent all viewpoints read contactlessly unless information on particular, the upcoming pilot programs regarding maritime security challenges the card’s magnetic stripe is read by the in which we will field test the use of and to inform the Coast Guard of reader and authorizes the release of the TWIC in biometric readers in the relevant maritime security issues. At the template. Encryption protects the maritime environment. regular NMSAC meeting of November template from being read covertly. Dated: March 13, 2007. 14, 2006, the Coast Guard and the However, if a TWIC is stolen or is in the J.G. Lantz, Transportation Security Administration hands of an unauthorized holder, Director of National and International (TSA) asked NMSAC to develop a encryption does not prevent the transfer Standards, Assistant Commandant for contactless biometric specification for of the template to a TWIC reader. Prevention. TWIC by February 28, 2007, applying Both sets of recommended [FR Doc. 07–1305 Filed 3–13–07; 3:40 pm] expertise from the biometric specifications are available at the BILLING CODE 4910–15–P credentialing industry and maritime following URL: http:// industry TWIC stakeholders. The homeport.uscg.mil under Missions > specification was required to: Maritime Security > Maritime a. Be non-proprietary; Transportation Security Act (MTSA) > DEPARTMENT OF HOUSING AND b. Incorporate appropriate security National Maritime Security Advisory URBAN DEVELOPMENT and privacy controls; Committee (NMSAC) > TWIC [Docket No. FR–5125–N–11] c. Be consistent with FIPS 201–1 Contactless Specification Development credential specifications; Working Group. They are also available Federal Property Suitable as Facilities d. Be capable of serving as a platform in the docket for this notice. To Assist the Homeless for future capabilities; We invite comment on all aspects of AGENCY: Office of the Assistant e. Be capable of supporting maritime the NMSAC recommended operations; and Secretary for Community Planning and specifications, and in particular those Development, HUD. f. Be easily manufactured. that address the following questions: TSA and Coast Guard recommended 1. Should additional security ACTION: Notice. that the task be addressed by dividing measures be included in the SUMMARY: This Notice identifies responsibilities to construct operational specifications, such as the use of a PIN, maritime requirements and technology unutilized, underutilized, excess, and to further minimize the chance that a surplus Federal property reviewed by specifications. We recommended that fingerprint template from a lost or stolen operational maritime requirements be HUD for suitability for possible use to credential could be obtained by an assist the homeless. developed by members of maritime unauthorized individual? If so, would EFFECTIVE DATE: March 16, 2007. industry and that they address the addition of a PIN or other security FOR FURTHER INFORMATION CONTACT: credential authentication (e.g. measure adversely impact operations? authentication time and process, and Does the length of the PIN affect adverse Kathy Ezzell, Department of Housing alternate authentication procedures); impacts in any measurable way? and Urban Development, Room 7262, durability requirements; and credential 2. What, if any, privacy concerns exist 451 Seventh Street SW., Washington, management procedures, including key if the fingerprint template is obtained by DC 20410; telephone (202) 708–1234; management. We recommended that the an unauthorized individual? TTY number for the hearing- and technology specifications be developed 3. How would the recommended speech-impaired (202) 708-2565, (these with the technical expertise of biometric specifications impact facility and vessel telephone numbers are not toll-free), or credentialing experts and address smart security and operations? call the toll-free Title V information line card, reader, and keying specification. 4. How would the recommended at 1–800–927–7588. The formal request from the TWIC specifications impact existing physical SUPPLEMENTARY INFORMATION: In program to NMSAC is available at the access control systems? accordance with the December 12, 1988 following URL: http:// 5. Are there alternative designs we court order in National Coalition for the homeport.uscg.mil under Missions > should consider, and if so, what are the Homeless v. Veterans Administration,

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No. 88–2503–OG (D.D.C.), HUD programs and activities (LEP Final burden, we invite the general public and publishes a Notice, on a weekly basis, Guidance). Under Title VI of the Civil other Federal agencies to take this identifying unutilized, underutilized, Rights Act of 1964 (Title VI) and its opportunity to comment on this IC. We excess and surplus Federal buildings implementing regulations, recipients of may not conduct or sponsor and a and real property that HUD has federal financial assistance have a person is not required to respond to a reviewed for suitability for use to assist responsibility to ensure meaningful collection of information unless it the homeless. Today’s Notice is for the access to programs and activities by LEP displays a currently valid OMB control purpose of announcing that no persons. number. additional properties have been In the preamble to the Final DATES: You must submit comments on determined suitable or unsuitable this Guidance, which provided responses to or before May 15, 2007. week. public comments received on the ADDRESSES: Send your comments on the Dated: March 8, 2007. proposed guidance, HUD provided the Web site to demographic information IC to Hope Grey, Information Collection Mark R. Johnston, based on 2000 Census or other data (see Clearance Officer, Fish and Wildlife Deputy Assistant Secretary for Special Needs. page 2736, third column and continuing Service, MS 222–ARLSQ, 4401 North [FR Doc. 07–1173 Filed 3–15–07; 8:45 am] Fairfax Drive, Arlington, VA 22203 on page 2737, first column). Since _ BILLING CODE 4210–67–M publication of the Final Guidance, HUD (mail); hope [email protected] (e-mail); or has been advised that the Web site (703) 358–2269 (fax). provided in the Final Guidance is no FOR FURTHER INFORMATION CONTACT: To DEPARTMENT OF HOUSING AND longer active. This notice provides the request additional information about URBAN DEVELOPMENT updated Web site. The demographic this IC, contact Hope Grey by mail, fax, [Docket No. FR–4878–N–06] information based on 2000 Census or or e-mail (see ADDRESSES) or by other data can be found at the following telephone at (703) 358–2482. Final Guidance to Federal Financial Web site: http://www.census.gov/cac/ SUPPLEMENTARY INFORMATION: Assistance Recipients Regarding Title www/007578.html. I. Abstract VI Prohibition Against National Origin In addition to this correction, on The Migratory Bird Treaty Act (16 Discrimination Affecting Limited February 14, 2007, the Office of the U.S.C. 703-711) and the Fish and English Proficient Persons: Update of Federal Register (OFR) published in the Wildlife Act of 1956 (16 U.S.C. 742d) Web Site Reference Federal Register a correction to HUD’s designate the Department of the Interior AGENCY: Office of the Assistant Final Guidance that corrected a printing as the key agency responsible for (1) the Secretary for Fair Housing and Equal error made by the OFR in publishing wise management of migratory bird Opportunity, HUD. HUD’s Final Guidance on January 22, populations frequenting the United 2007 (See 72 FR 7134.) On February 16, ACTION: Notice: Update of Web site States, and (2) setting hunting 2007, HUD published a notice that reference. regulations that allow appropriate moved the effective of the Final harvests that are within the guidelines SUMMARY: This notice updates an Guidance from February 21, 2007, to that will allow for those populations’ obsolete Web site reference that was March 7, 2007. well-being. These responsibilities included in HUD’s final ‘‘Guidance to HUD’s Final Guidance, which dictate that we gather accurate data on Federal Financial Assistance Recipients incorporates these corrections, can be various characteristics of migratory bird Regarding Title VI Prohibition Against found at: http://www.hud.gov/offices/ harvest. We use the knowledge attained National Origin Discrimination fheo/promotingfh/lep.cfm. by determining harvests and harvest Affecting Limited English Proficient Dated: March 7, 2007. rates of migratory game birds to regulate (LEP) Persons,’’ as required by Kim Kendrick, populations (by promulgating hunting Executive Order (EO) 13166, published Assistant Secretary for Fair Housing and regulations) and to encourage hunting in the Federal Register on January 22, Equal Opportunity. opportunity, especially where crop 2007, and which became effective on [FR Doc. E7–4794 Filed 3–15–07; 8:45 am] depredations are chronic and/or lightly- March 7, 2007. BILLING CODE 4210–67–P harvested populations occur. Based on FOR FURTHER INFORMATION CONTACT: information from harvest surveys, we Pamela D. Walsh, Director, Program can adjust hunting regulations as Standards and Compliance Division, DEPARTMENT OF THE INTERIOR needed to optimize harvests at levels Office of Fair Housing and Equal that provide a maximum of hunting Opportunity, Department of Housing Fish and Wildlife Service recreation while keeping populations at and Urban Development, 451 Seventh desired levels. Street, SW., Room 5226, Washington, Proposed Information Collection; OMB Under the Migratory Bird Harvest DC 20410, telephone: (202) 708–2904 Control Number 1018-0015; Migratory Program, State licensing authorities (this is not a toll-free number). Persons Bird Surveys collect the name and address with hearing or speech impairments AGENCY: Fish and Wildlife Service, information needed to provide a sample may access this number via TTY by Interior. frame of all licensed migratory bird calling the toll-free Federal Information hunters. Since Federal regulations ACTION: Notice; request for comments. Relay Service at (800) 877–8339. require that the States collect this SUPPLEMENTARY INFORMATION: On SUMMARY: We (Fish and Wildlife information, we are including the January 22, 2007, HUD published in the Service) will ask the Office of associated burden in our approval Federal Register (72 FR 2732) final Management and Budget (OMB) to request to OMB. We propose to combine guidance to help recipients of federal approve the information collection (IC) three surveys in this IC because the financial assistance take reasonable described below. As required by the surveys are interrelated and/or steps to meet their regulatory and Paperwork Reduction Act of 1995 and dependent upon each other: statutory obligations to ensure that LEP as part of our continuing efforts to (1) Migratory Bird Hunter Surveys, persons have meaningful access to HUD reduce paperwork and respondent currently approved under OMB Control

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No. 1018-0015, which expires February from each duck, goose, or coot they Based on information from this survey, 28, 2008. harvest, or a wing from each woodcock, we adjust hunting regulations as needed (2) Parts Collection Survey, also band-tailed pigeon, snipe, rail, or to optimize harvest at levels that approved under OMB Control No. 1018- gallinule they harvest. We use the wings provide a maximum of hunting 0015. and tail feathers to identify the species, recreation while keeping the population (3) Sandhill Crane Harvest Survey, sex, and age of the harvested sample. at the desired level. currently approved under OMB Control We also ask respondents to report on the We are also seeking approval to add No. 1018-0023, which expires envelope the date and location of a mourning dove wing collection to the November 30, 2007. harvest for each bird. Results of this Parts Collection Survey on an The Migratory Bird Hunter Survey is survey are combined with the harvest experimental basis. We will use the based on the Migratory Bird Harvest estimates obtained from the Migratory wings to identify the age of each sample, Information Program, under which each Bird Hunter Survey to provide species- thereby providing estimates of annual State annually provides a list of all specific national harvest estimates. mourning dove productivity at the migratory bird hunters in the State. We The combined results of these surveys management unit level. Those estimates randomly select migratory bird hunters; enable us to evaluate the effects of of annual productivity are needed to send them either a waterfowl season length, season dates, and bag improve the mourning dove population questionnaire, a dove and band-tailed limits on the harvest of each species, models that we have developed for each pigeon questionnaire, a woodcock and thus help us determine appropriate management unit. We will compare the questionnaire, or a snipe, rail, gallinule hunting regulations. results and costs of our experimental and coot questionnaire; and ask them to We are proposing to include the mail survey with results and costs of report their harvest of those species. The Sandhill Crane Harvest Survey (current mourning dove wing collection methods resulting estimates of harvest per hunter OMB Control Number 1018-0023) with that are currently employed by some, are combined with the complete list of the others in this approval request, all but not all, States that have dove migratory bird hunters to provide under OMB Control Number 1018-0015. hunting seasons. If mourning dove estimates of the total harvest of those The Sandhill Crane Harvest Survey is an productivity estimates are similar for species. annual questionnaire survey of people the two methods, we would propose to The Parts Collection Survey estimates who obtained a sandhill crane hunting adopt the more cost-effective method on the species, sex, and age composition of permit. At the end of the hunting a national scale. the harvest, and the geographic and season, we randomly select a sample of II. Data temporal distribution of the harvest. permit holders and ask them to report OMB Control Number: 1018-0015. Randomly selected successful hunters the date, location, and number of birds Title: Migratory Bird Surveys. who responded to the Migratory Bird harvested for each of their sandhill Service Form Number(s): 3-165, 3- Hunter Survey the previous year are crane hunts. Their responses provide 165A, 3-165B, 3-165C, and 3-2056J-N. asked to complete and return a postcard estimates of the temporal and Type of Request: Revision of currently if they are willing to participate in the geographic distribution of the harvest as approved collection. Parts Collection Survey. We provide well as the average harvest per hunter, Affected Public: Migratory game bird postage-paid envelopes to respondents which, combined with the total number hunters. before the hunting season and ask them of permits issued, enables us to estimate Respondent’s Obligation: Voluntary. to send in a wing or the tail feathers the total harvest of sandhill cranes. Frequency of Collection: Annually.

Number of annual Number of annual Completion time Annual burden Activity respondents responses per response hours

Migratory Bird Harvest Information Program ...... 3,800,000 3,800,000 0.033 hours ..... 125,400 Migratory Bird Hunter Survey ...... 85,000 85,000 0.067 hours ..... 5,695 Parts Collection Survey ...... 10,000 110,000 0.033 hours ..... 3,630 Sandhill Cane Harvest Survey ...... 7,500 7,500 0.067 hours ..... 503

Totals ...... 3,902,500 4,002,500 ...... 135,228

III. Request for Comments We will include and/or summarize each DEPARTMENT OF THE INTERIOR We invite comments concerning this comment in our request to OMB to IC on: approve this IC. Fish and Wildlife Service (1) whether or not the collection of Dated: March 1, 2007 information is necessary, including Proposed Information Collection; OMB whether or not the information will Hope Grey, Control Number 1018-0094; Federal have practical utility; Information Collection Clearance Officer, Fish and Wildlife License/Permit (2) the accuracy of our estimate of the Fish and Wildlife Service. Applications, Native Endangered and burden for this collection of FR Doc. E7–4842 Filed 3–15–07; 8:45 am Threatened Species, 50 CFR 13 and 17 information; BILLING CODE 4310–55–S AGENCY: Fish and Wildlife Service, (3) ways to enhance the quality, Interior. utility, and clarity of the information to ACTION: Notice; request for comments. be collected; and (4) ways to minimize the burden of SUMMARY: We (Fish and Wildlife the collection of information on Service) will ask the Office of respondents. Management and Budget (OMB) to Comments submitted in response to approve the information collection (IC) this notice are a matter of public record. described below. As required by the

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Paperwork Reduction Act of 1995 and applications to determine the eligibility (2) FWS Form 3-200-55 - Permits for as part of our continuing efforts to of applicants for permits requested in Scientific Purposes, Enhancement of reduce paperwork and respondent accordance with the criteria in various Propagation or Survival (i.e, Recovery) burden, we invite the general public and Federal wildlife conservation laws, and Interstate Commerce. other Federal agencies to take this including: (3) FWS Form 3-200-56 - Incidental opportunity to comment on this IC, (1) Endangered Species Act (16 U.S.C. Take Permits Associated with a Habitat which is scheduled to expire on 1531 et seq.). Conservation Plan. (2) Migratory Bird Treaty Act (16 September 30, 2007. We may not II. Data U.S.C. 703 et seq.). conduct or sponsor and a person is not OMB Control Number: 1018-0094. required to respond to a collection of (3) Lacey Act (16 U.S.C. 3371 et seq.). Title: Federal Fish and Wildlife information unless it displays a (4) Bald and Golden Eagle Protection License/Permit Applications, Native currently valid OMB control number. Act (16 U.S.C. 668). (5) Marine Mammal Protection Act Endangered and Threatened Species, 50 DATES: You must submit comments on (16 U.S.C. 1374). CFR 13 and 17. or before May 15, 2007. Service regulations implementing Service Form Number(s): 3-200-54, 3- ADDRESSES: Send your comments on the these statutes and treaties are in Chapter 200-55, and 3-200-56. IC to Hope Grey, Information Collection I, Subchapter B of Title 50 of the Code Clearance Officer, Fish and Wildlife Type of Request: Revision of currently of Federal Regulations (CFR). These approved collection. Service, MS 222–ARLSQ, 4401 North regulations stipulate general and Affected Public: Individuals/ Fairfax Drive, Arlington, VA 22203 specific requirements that when met households, businesses, State and local (mail); [email protected] (e-mail); or allow us to issue permits to authorize agencies, private organizations, and (703) 358–2269 (fax). activities that are otherwise prohibited. scientific and research institutions. FOR FURTHER INFORMATION CONTACT: To This IC includes the following permit request additional information about application forms and the reporting Respondent’s Obligation: Required to this IC, contact Hope Grey by mail, fax, requirements for each permit: obtain or retain a benefit. or e-mail (see ADDRESSES) or by (1) FWS Form 3-200-54 - Frequency of Collection: On occasion telephone at (703) 358–2482. Enhancement of Survival Permits for application forms and notifications; SUPPLEMENTARY INFORMATION: Associated with Safe Harbor annually for reports.. I. Abstract Agreements and Candidate Estimated Annual Nonhour Burden: Our Endangered Species Program uses Conservation Agreements with $64,450 for fees associated with permit information that we collect on permit Assurances. applications.

Number of annual Number of annual Completion time Annual burden Activity respondents responses per response hours

3-200-54 – permit application ...... 11 11 3 hours ...... 33 3-200-54 – annual report ...... 64 64 8 hours ...... 512 3-200-54 – notification of change in landowner ...... 1 1 1 hour ...... 1 2-200-55 – permit application ...... 579 579 4 hours ...... 2,316 3-200-55 – annual report ...... 1,034 1,034 8 hours ...... 8,272 3-200-55 – notification of escape of living wildlife ...... 1 1 1 hour ...... 1 3-200-56 – permit application ...... 60 60 3 hours ...... 180 3-200-56 – annual report ...... 748 748 10 hours ...... 7,480

Totals ...... 2,498 2,498 ...... 18,795

III. Request for Comments Dated: March 1, 2007 approve the information collection (IC) We invite comments concerning this Hope Grey, described below. As required by the IC on: Information Collection Clearance Officer, Paperwork Reduction Act of 1995 and Fish and Wildlife Service. as part of our continuing efforts to (1) whether or not the collection of FR Doc. E7–4843 Filed 3–15–07; 8:45 am reduce paperwork and respondent information is necessary, including BILLING CODE 4310–55–S burden, we invite the general public and whether or not the information will other Federal agencies to take this have practical utility; opportunity to comment on this IC, (2) the accuracy of our estimate of the DEPARTMENT OF THE INTERIOR which is scheduled to expire on June burden for this collection of 30, 2007. We may not conduct or information; Fish and Wildlife Service sponsor and a person is not required to respond to a collection of information (3) ways to enhance the quality, Proposed Information Collection; OMB unless it displays a currently valid OMB utility, and clarity of the information to Control Number 1018-0123; control number. be collected; and International Conservation Grant DATES: You must submit comments on (4) ways to minimize the burden of Programs or before May 15, 2007. the collection of information on AGENCY: Fish and Wildlife Service, ADDRESSES: Send your comments on the respondents. Interior. IC to Hope Grey, Information Collection Comments submitted in response to ACTION: Notice; request for comments. Clearance Officer, Fish and Wildlife this notice are a matter of public record. Service, MS 222–ARLSQ, 4401 North We will include and/or summarize each SUMMARY: We (Fish and Wildlife Fairfax Drive, Arlington, VA 22203 comment in our request to OMB to Service) will ask the Office of (mail); [email protected] (e-mail); or approve this IC. Management and Budget (OMB) to (703) 358–2269 (fax).

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FOR FURTHER INFORMATION CONTACT: To Grants.gov. We collect the following in opposition to locally identified request additional information about information under each Notice of priorities and needs. Brief curricula this IC, contact Hope Grey by mail, fax, Funding Availability: vitae for key project personnel allow the or e-mail (see ADDRESSES) or by (1) Cover page with basic project review panel to assess the qualifications telephone at (703) 358–2482. details (FWS Form 3-2338). This is a of project staff to effectively carry out SUPPLEMENTARY INFORMATION: new form that we propose to replace the the project goals and objectives. As all I. Abstract six forms currently approved under Federal entities must honor the indirect The Division of International OMB Control No. 1018-0123. cost rates an organization has negotiated Conservation awards grants funded (2) Project summary and narrative. with its cognizant agency, we require all under the: (3) Letter of appropriate government organizations with a NICRA to submit (1) African Elephant Conservation Act endorsement. the agreement paperwork with their (16 U.S.C. 4201-4245). (4) Brief curricula vitae for key project proposals to verify how their rate is (2) Asian Elephant Conservation Act personnel. applied in their proposed budget. of 1997 (16 U.S.C. 4261). (5) Complete Standard Forms 424, Applicants may provide any additional (3) Great Apes Conservation Act of 424a and 424b (nondomestic applicants documentation that they believe best 2000 (Pub. L. 106-411). do not submit the standard forms). supports their proposal. (4) Rhinoceros and Tiger Conservation Proposals may also include, as II. Data Act of 1994 (16 U.S.C. 5306). appropriate, a copy of the organization’s OMB Control Number: 1018-0123. (5) Marine Turtle Conservation Act Negotiated Indirect Cost Rate Agreement Title: International Conservation (Pub. L. 108-266). (NIRCA) and any additional Grant Programs. (6) Wildlife Without Borders documentation supporting the proposed Service Form Number(s): 3-2338. Programs - Mexico, Latin America and project. Type of Request: Revision of currently the Caribbean, and Russia. The project summary and narrative is approved collection. The information that we collect for the basis for this information collection Affected Public: Domestic and grants awarded under the Marine Turtle request for approval. A panel of nondomestic Federal, State, and local Conservation Act is approved under technical experts reviews each proposal governments; nonprofit, OMB Control No. 1018-0128, which to assess how well the project addresses nongovernmental organizations; public expires March 31, 2009. We are the priorities identified by each and private institutions of higher proposing to include that information program’s authorizing legislation. As all education; and any other organization or collection with the others in this of the on-the-ground projects funded by individual with demonstrated perience approval request, all under OMB these programs are conducted outside deemed necessary to carry out the Control Number 1018-0123. the United States, the letter of proposed project.. Applicants submit proposals for appropriate government endorsement Respondent’s Obligation: Required to funding in response to Notices of ensures that the proposed activities will obtain or retain a benefit. Funding Availability that we publish on not meet with local resistance or work Frequency of Collection: Annually.

Number of annual Number of annual Completion time Annual burden Activity respondents responses per response hours

Cover page (FWS Form 3-2338) ...... 489 489 1 hour ...... 489 Narratives ...... 489 489 11 hours...... 5,379 Reports (mid-term and final) ...... 231 231 30 hours ...... 6,930

Totals ...... 1,209 1,209 ...... 12,798

III. Request for Comments Dated: March 1, 2007 availability of an incidental take permit We invite comments concerning this Hope Grey, (ITP) and Habitat Conservation Plan IC on: Information Collection Clearance Officer, (HCP). Royal Tequesta LLC (Applicant) Fish and Wildlife Service. requests an ITP pursuant to section (1) whether or not the collection of FR Doc. E7–4844 Filed 3–15–07; 8:45 am 10(a)(1)(B) of the Endangered Species information is necessary, including BILLING CODE 4310–55–S Act of 1973, as amended (Act). The whether or not the information will Applicant anticipates taking about 2.24 have practical utility; acres of Florida scrub-jay (Aphelocoma (2) the accuracy of our estimate of the DEPARTMENT OF THE INTERIOR coerulescens) (scrub-jay) foraging and burden for this collection of sheltering habitat incidental to partial information; Fish and Wildlife Service land clearing of their 6-acre lot and (3) ways to enhance the quality, subsequent commercial and residential Receipt of an Application for an construction and supporting utility, and clarity of the information to Incidental Take Permit for be collected; and infrastructure in Palm Beach County, Construction of a Combination of Florida (Project). The destruction of 2.24 (4) ways to minimize the burden of Commercial Buildings and Residential acre of foraging and sheltering habitat is the collection of information on Units in Palm Beach County, FL expected to result in the take of one respondents. AGENCY: Fish and Wildlife Service, family of scrub-jays. The Applicant’s Comments submitted in response to Interior. Habitat Conservation Plan (HCP) this notice are a matter of public record. ACTION: Notice; request for comments. describes the mitigation and We will include and/or summarize each minimization measures proposed to comment in our request to OMB to SUMMARY: We, the Fish and Wildlife address the effects of the Project to the approve this IC. Service (Service), announce the Florida scrub-jay.

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DATES: Written comments on the ITP Beach County, Florida. The Project site Dated: March 9, 2007. applications and HCPs should be sent to is bounded by the Casa del Sol Paul Souza, the South Florida Ecological Services development project on the north, Field Supervisor, South Florida Ecological Office (see ADDRESSES) and should be County Line Plaza on the south, U.S. Services Office. received on or before April 16, 2007. Highway 1 on the east, and by the [FR Doc. E7–4853 Filed 3–15–07; 8:45 am] ADDRESSES: Persons wishing to review Village of Tequesta water treatment BILLING CODE 4310–55–P the application and HCP may obtain a plant on the west. Scrub-jays occupy copy by writing the Service’s South 3.58 acres of the 6-acre site. Florida Ecological Services Office. The Applicant proposes to minimize DEPARTMENT OF THE INTERIOR Please reference permit number TE take of scrub-jays by avoiding land 136147–0 in such requests. Documents clearing activities during the breeding or Fish and Wildlife Service will also be available for public nesting season (March through June) Draft Comprehensive Conservation inspection by appointment during and by preserving, restoring, and Plan and Environmental Assessment normal business hours at the South maintaining 1.34 acres of scrub-jay for Missisquoi National Wildlife Refuge Florida Ecological Services Office, 1339 habitat on their 6-acre lot in perpetuity. 20th Street, Vero Beach, Florida 32960– The Applicants propose to mitigate for AGENCY: Fish and Wildlife Service, 3559. the loss of 2.24 acres of occupied scrub- Department of the Interior. FOR FURTHER INFORMATION CONTACT: Ms. jay habitat by contributing a total of ACTION: Notice of availability. Trish Adams, Fish and Wildlife $384,017.78 to the Florida Scrub-jay Biologist, South Florida Ecological Conservation Program Fund SUMMARY: The U.S. Fish and Wildlife Services Office, Vero Beach, Florida (see administered by The Nature Service (Service) announces the ADDRESSES), telephone: 772/562–3909, Conservancy. Funds in this account are availability of the Missisquoi National ext. 232. ear-marked for use in the conservation Wildlife Refuge (NWR) Draft SUPPLEMENTARY INFORMATION: If you and recovery of scrub-jays and may Comprehensive Conservation Plan wish to comment, you may submit include habitat acquisition, restoration, (CCP) and Environmental Assessment comments by any one of several and management. (EA). It describes how we intend to methods. Please reference permit The Service has determined that the manage Missisquoi NWR during the number TE 136147–0 in such requests. Applicant’s proposal, including the next 15 years. We prepared this Draft You may mail comments to the proposed mitigation and minimization CCP/EA in conformance with the Service’s South Florida Ecological measures, will have a minor or National Environmental Policy Act Services Office (see ADDRESSES). You negligible effect on the species covered (NEPA) and the National Wildlife may also comment via the Internet to in the HCP. Therefore, the ITP is for a Refuge System Administration Act, as [email protected]. Please also ‘‘low-effect’’ project and qualifies as a amended. include your name and return address categorical exclusion under the National DATES: The Draft CCP/EA will be in your Internet message. If you do not Environmental Policy Act (NEPA), as available for public review and receive a confirmation from us that we provided by the Department of the comment for a 30-day period starting have received your internet message, Interior Manual (516 DM 2, Appendix 1 with the publication of this notice. and 516 DM 6, Appendix 1). This contact us directly at the telephone ADDRESSES: You may obtain copies of preliminary information may be revised number listed under FOR FURTHER the draft CCP/EA on compact diskette or based on our review of public comments INFORMATION CONTACT. Finally, you may in print by writing to Carl Melberg, U.S. that we receive in response to this hand deliver comments to the Service Fish and Wildlife Service, Northeast notice. Low-effect HCPs are those office listed under ADDRESSES. Our Regional Office, 300 Westgate Center involving (1) minor or negligible effects practice is to make comments, including Drive, Hadley, Massachusetts 01035– on federally listed or candidate species names and home addresses of 9589, or by electronic mail at and their habitats, and (2) minor or respondents, available for public review [email protected], noting in negligible effects on other during regular business hours. the subject line ‘‘Missisquoi National environmental values or resources. Individual respondents may request that Wildlife Refuge.’’ You may also view we withhold their home address from The Service will evaluate the HCP the draft on the Web at http:// the administrative record. We will and comments submitted thereon to library.fws.gov/ccps.htm. During the 30- honor such requests to the extent determine whether the application day comment period, we plan to host allowable by law. There may also be meets the requirements of section 10(a) public meetings in the local area. We other circumstances in which we would of the Act (16 U.S.C. 1531 et. seq.). If it will post the details of each meeting at withhold from the administrative record is determined that those requirements least 2 weeks in advance to our project a respondent’s identity, as allowable by are met, the ITP will be issued for the mailing list in local papers, at the refuge law. If you wish us to withhold your incidental take of the Florida scrub-jay. and at our Web site, http:// name and address, you must state this The Service will also evaluate whether www.fws.gov/northeast/ prominently at the beginning of your issuance of the section 10(a)(1)(B) ITP missisquoirefuge/. comments. We will not, however, complies with section 7 of the Act by FOR FURTHER INFORMATION CONTACT: Carl consider anonymous comments. We conducting an intra-Service section 7 Melberg, 413–253–8521. will make all submissions from consultation. The results of this organizations or businesses, and from consultation, in combination with the SUPPLEMENTARY INFORMATION: The individuals identifying themselves as above findings, will be used in the final National Wildlife Refuge System representatives or officials of analysis to determine whether or not to Administration Act of 1966, as amended organizations or businesses, available issue the ITP. by the National Wildlife Refuge System for public inspection in their entirety. Authority: This notice is provided Improvement Act of 1997, requires the Construction of the Project will take pursuant to Section 10 of the Endangered Service to develop a CCP for each place within Section 30, Township 40 Species Act and NEPA regulations (40 CFR refuge. The purpose of developing a South, Range 43 East, Tequesta, Palm 1506.6). CCP is to provide refuge managers with

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a 15-year strategy for achieving refuge opportunities, including hunting, DEPARTMENT OF THE INTERIOR purposes and contributing to the fishing, wildlife observation and mission of the National Wildlife Refuge photography; greater inventory, Bureau of Land Management System (NWRS), in conformance with protection, and interpretation of the rich [CA–110] the sound principles of fish and wildlife cultural history of the Missisquoi River science, natural resources conservation, Delta and enhanced partnerships with Meeting of the Central California legal mandates, and Service policies. In the local Abenaki Tribe; a new $1.00 Resource Advisory Council addition to outlining broad management Refuge Activity Fee that will raise direction on conserving wildlife and additional funds for trail maintenance, ACTION: Notice of public meeting. habitats, CCPs identify wildlife- informational kiosks, educational dependent recreational opportunities SUMMARY: In accordance with the programs, and other actions to benefit available to the public, including Federal Land Policy and Management opportunities for hunting, fishing, all visitors to the refuge; a critical new Act (FLPMA) and the Federal Advisory wildlife observation and photography, law enforcement position to enhance Committee Act of 1972 (FACA), the U.S. and environmental interpretation and staff and visitor safety; other new Department of the Interior, Bureau of education. The Service will review and critical positions, including a park Land Management (BLM) Central update each CCP at least once every 15 ranger, maintenance worker, and California Resource Advisory Council years, in accordance with the National biological technician. Alternative B also will meet as indicated below. Wildlife Refuge System Improvement proposes that, within 1 year of CCP DATES: The meeting will be held Friday Act of 1997 and the National completion, upon Director’s approval, and Saturday, April 20 and 21, 2007, in Environmental Policy Act of 1969 we will conduct a study with our the University of California Lindcove (NEPA). partners to determine if undeveloped Research and Extension Center meeting This Draft CCP/EA identifies goals, lands within 5 miles of the refuge room, 22963 Carson Ave., Exeter, long-range objectives, and strategies for warrant additional Service protection to California. On April 20, the members achieving the purposes for which this conserve Federal trust resources and aid will convene at 8 a.m. for a business refuge was established. The document in fulfilling the mission of the NWRS meeting, followed by a field trip to poses two management alternatives: and the purposes of the refuge. Atwell Island beginning at noon. Alternative A (Current Management): Members of the public are welcome to A wilderness review of the refuge was This alternative is the ‘‘No Action’’ attend the tour and meeting. Field tour completed in 1974. This review, based alternative required by NEPA. participants must provide their own Alternative A defines our current on refuge management needs and public transportation and lunch. The Advisory management activities, including those input at the time, proposed that Shad Council will resume its meeting at 8 planned, funded, or underway, and Island be designated wilderness under a.m. on April 21 in the Lindcove serves as the baseline for comparing the Wilderness Act of 1964. As part of Research and Extension Center meeting Alternative B, our preferred alternative. the CCP process, we completed a room. Time for public comment is It would maintain our present levels of wilderness review, evaluating all refuge reserved from 9:30 a.m. to 11:30 a.m. on approved refuge staffing and the land for its current wilderness potential. April 21. biological and visitor programs now in The review concluded no lands at the FOR FURTHER INFORMATION CONTACT: place. The refuge would continue to refuge are suitable for inclusion into the BLM Bakersfield Field Office Acting pursue acquisition of the eight parcels National Wilderness Preservation Manager Patty Gradek, (661) 391–6006; composing 253 acres that remain within System, and we propose to withdraw the original approved acquisition or BLM Central California Public Affairs Shad Island as a proposed wilderness to Officer David Christy, (916) 985–4474. boundary of the refuge, and the the U.S. Congress. occasional parcel that becomes available SUPPLEMENTARY INFORMATION: The adjacent to the refuge. After the 30-day review and comment twelve-member Central California Alternative B (the Service-preferred period ends, we will analyze, address, Resource Advisory Council advises the alternative): This alternative represents and consider all comments received and Secretary of the Interior, through the the combination of actions that we prepare a final CCP. Availability of the Bureau of Land Management, on a believe will most effectively achieve the final CCP will be published in the variety of public land issues associated purposes and goals of the refuge and Federal Register. All comments, with public land management in the address the major issues. It builds on including names and addresses, become Central California. At this meeting, the programs identified under part of the official public record. agenda items include discussion of the Alternative A. Funding and staffing Requests for the public record of this Caliente Resource Management Plan would need to increase to adequately plan will be handled in accordance with update by the Bakersfield Field Office support the program expansions we the Freedom of Information Act, the and preparation of an Environmental propose. Key strategies in this Council on Environmental Quality’s Impact Statement for the Carrizo Plain alternative include greater inventory, NEPA regulations, and other Service National Monument. The RAC members will also hear status reports from monitoring, and management of the and Departmental policies and Missisquoi River Delta wetlands to managers for the Folsom, Hollister, procedures. maintain their ecological integrity and Bakersfield and Bishop field offices. The diversity of plants and animals on the Dated: August 2, 2006. meeting is open to the public. The refuge; increased management of high- Marvin E. Moriarty, public may present written comments to quality grasslands, shrublands, and Regional Director, U.S. Fish and Wildlife the Council, and time will be allocated other early successional habitats for a Service, Hadley, MA 01035–9589. for hearing public comments. range of wildlife species of conservation Depending on the number of persons concern; enhanced, expanded programs This document was received at the Office wishing to comment and the time of outreach, and environmental of the Federal Register on March 13, 2007. available, the time for individual oral education and interpretation; expanded [FR Doc. E7–4854 Filed 3–15–07; 8:45 am] comments may be limited. Individuals wildlife-dependent recreational BILLING CODE 4310–55–P who plan to attend and need special

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assistance such as sign language are to respond, including through the Henry Building, 601 D Street NW., interpretation or other reasonable use of appropriate automated, Washington, DC 20530. accommodations should contact the electronic, mechanical, or other Dated: March 12, 2007. technological collection techniques or BLM as indicated above. Lynn Bryant, Dated: March 6, 2007. other forms of information technology, e.g., permitting electronic submission of Department Clearance Officer, PRA, United David Christy, States Department of Justice. responses. Public Affairs Officer. [FR Doc. E7–4821 Filed 3–15–07; 8:45 am] [FR Doc. 07–1233 Filed 3–15–07; 8:45 am] Overview of This Information BILLING CODE 4410–FX–P BILLING CODE 4310–40–M Collection (1) Type of Information Collection: New collection. DEPARTMENT OF JUSTICE (2) Title of the Form/Collection: Semi- DEPARTMENT OF JUSTICE Office on Violence Against Women; annual Progress Report for the [OMB Notice 1122–NEW] Notice of Meeting Technical Assistance Program. Office on Violence Against Women; (3) Agency form number, if any, and AGENCY: Office on Violence Against Agency Information Collection the applicable component of the Women, Justice. Activities: New Collection Department of Justice sponsoring the ACTION: Notice of meeting. collection: Form Number: None yet. U.S. ACTION: 60-Day notice of information Department of Justice, Office on SUMMARY: This notice sets forth the collection under review: Semi-annual Violence Against Women. schedule and proposed agenda of the progress report for the Technical (4) Affected public who will be asked forthcoming public meeting of the Assistance Program. or required to respond, as well as a brief National Advisory Committee on abstract: The affected public includes Violence Against Women (hereinafter The Department of Justice, Office on the 100 programs providing technical ‘‘the Committee’’). Violence Against Women (OVW) will be assistance as recipients under the DATES: The meeting will take place on submitting the following information Technical Assistance Program. April 3, 2007, from 8:30 a.m. to 5 p.m. collection request to the Office of (5) An estimate of the total number of and on April 4, 2007, from 8:30 a.m. to Management and Budget (OMB) for respondents and the amount of time 12 noon. review and approval in accordance with estimated for an average respondent to ADDRESSES: The meeting will take place respond/reply: It is estimated that it will the Paperwork Reduction Act of 1995. at the Eldorado, 309 West San Francisco take the 100 respondents (Technical Comments are encouraged and will be Street, Sante Fe, NM 87501. Signs will Assistance providers) approximately accepted for ‘‘sixty days’’ until May 15, be posted in the lobby of the hotel to one hour to complete a semi-annual 2007. This process is conducted in direct attendees to the meeting location. accordance with 5 CFR 1320.10. progress report twice a year. The semi- Written comments and/or suggestions annual progress report for the Technical FOR FURTHER INFORMATION CONTACT: regarding the items contained in this Assistance Program is divided into Sandy Lonick, The National Advisory notice, especially the estimated public sections that pertain to the different Committee on Violence Against Women, burden and associated response time, types of activities in which Technical 800 K Street, NW., Ste. 920, should be directed to The Office of Assistance Providers are engaged. Washington, DC 20530; by telephone at: Management and Budget, Office of The primary purpose of the OVW (202) 307–6026; e-mail: Information and Regulatory Affairs, Technical Assistance Program is to [email protected]; or fax: (202) Attention Department of Justice Desk provide direct assistance to grantees and 307–3911. You may also view the Officer, Washington, DC 20503. their subgrantees to enhance the success Committee’s Web site at: http:// Additionally, comments may be of local projects they are implementing www.usdoj.gov/ovw/nac/welcome.html. submitted to OMB via facsimile to (202) with VAWA grant funds. In addition, SUPPLEMENTARY INFORMATION: Notice of 395–5806. OVW is focused on building the this meeting is required under section Written comments and suggestions capacity of criminal justice and victim 10(a)(2) of the Federal Advisory from the public and affected agencies services organizations to respond Committee Act. The Committee is concerning the proposed collection of effectively to sexual assault, domestic chartered by the Attorney General, and information are encouraged. Your violence, dating violence, and stalking co-chaired by the Attorney General and comments should address one or more and to foster partnerships between the Secretary of Health and Human of the following four points: organizations that have not traditionally Services (the Secretary), to provide the (1) Evaluate whether the proposed worked together to address violence Attorney General and the Secretary with collection of information is necessary against women, such as faith- and practical and general policy advice for the proper performance of the community-based organizations. concerning implementation of the functions of the agency, including (6) An estimate of the total public Violence Against Women Act of 1994, whether the information will have burden (in hours) associated with the the Violence Against Women Act of practical utility; collection: The total annual hour burden 2000, the Violence Against Women Act (2) Evaluate the accuracy of the to complete the semi-annual progress of 2005 and related laws. The agency’s estimate of the burden of the report form is 200 hours. It will take Committee also assists in the efforts of proposed collection of information, approximately one hour for the grantees the Department of Justice and the including the validity of the to complete the form twice a year. Department of Health and Human methodology and assumptions used; If additional information is required Services to combat violence against (3) Enhance the quality, utility, and contact: Lynn Bryant, Department women, especially domestic violence, clarity of the information to be Clearance Officer, United States sexual assault, and stalking. Because collected; and Department of Justice, Justice violence against women is increasingly (4) Minimize the burden of the Management Division, Policy and recognized as a public health problem of collection of information on those who Planning Staff, Suite 1600, Patrick staggering human cost, the Committee

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brings national attention to the problem description of the issue. Each does not include the authority to handle to increase public awareness of the need participant will be permitted Hydromorphone (9150). When DEA has for prevention and enhanced victim approximately 3 to 5 minutes to present completed its review of the firm’s services. comments, depending on the number of request to add Hydromorphone (9150) This meeting will primarily focus on individuals reserving time on the to its registration, DEA will publish its the Committee’s work and the federal agenda. Participants are also encouraged decision in the Federal Register. government’s response to violence to submit two written copies of their No comments or objections have been against women; there will, however, be comments at the meeting. received. DEA has considered the an opportunity for public comment on Given the expected number of factors in 21 U.S.C. 823(a) and the Committee’s role in providing individuals interested in presenting determined that the registration of general policy guidance on comments at the meeting, reservations Siegfried (USA), Inc. to manufacture the implementation of the Violence Against should be made as soon as possible. listed basic classes of controlled Women Act of 1994, the Violence Persons unable to obtain reservations to substances is consistent with the public Against Women Act of 2000, the speak during the meetings are interest at this time. DEA has Violence Against Women Act of 2005 encouraged to submit written investigated Siegfried (USA), Inc. to and related laws. April 3, 2007, from comments, which will be accepted at ensure that the company’s registration is 8:30 a.m. until 5 p.m. and on April 4, the meeting site or may be mailed to the consistent with the public interest. The 2007 from 8:30 a.m. until 12 noon, and Committee at 800 K Street, NW., Ste. investigation has included inspection will include breaks and a working 920, Washington, DC 20530. and testing of the company’s physical lunch. Time will be reserved for public security systems, verification of the comment on April 3 beginning at 9 a.m. Mary Beth Buchanan, Acting Director, Office on Violence Against company’s compliance with state and and ending at 9:30 a.m. See the section local laws, and a review of the below for information on reserving time Women. [FR Doc. E7–4820 Filed 3–15–07; 8:45 am] company’s background and history. for public comment. Therefore, pursuant to 21 U.S.C. 823, BILLING CODE 4410–FX–P Access: This meeting will be open to and in accordance with 21 CFR 1301.33, the public but registration on a space- the above named company is granted available basis is required. Persons who DEPARTMENT OF JUSTICE registration as a bulk manufacturer of wish to attend must register at least six the basic classes of controlled (6) days in advance of the meeting by Drug Enforcement Administration substances listed. contacting Sandy Lonick by e-mail at: Dated: March 9, 2007. [email protected]; or fax: (202) Manufacturer of Controlled 307–3911. All attendees will be required Substances; Notice of Registration Joseph T. Rannazzisi, to sign in at the meeting registration Deputy Assistant Administrator, Office of desk. Please bring photo identification By Notice dated July 26, 2006, and Diversion Control, Drug Enforcement and allow extra time prior to the published in the Federal Register on Administration. meeting. The meeting site is accessible August 2, 2006, (71 FR 43814–43815), [FR Doc. E7–4825 Filed 3–15–07; 8:45 am] to individuals with disabilities. Siegfried (USA), Inc., Industrial Park BILLING CODE 4410–09–P Individuals who require special Road, Pennsville, New Jersey 08070, accommodations in order to attend the made application by renewal to the meeting should notify Sandy Lonick by Drug Enforcement Administration DEPARTMENT OF JUSTICE e-mail at: [email protected]; or (DEA) to be registered as a bulk fax at: (202) 307–3911, no later than manufacturer of the basic classes of Foreign Claims Settlement March 23, 2007. After this date, we will controlled substances listed in schedule Commission attempt to satisfy accommodation II: [F.C.S.C. Meeting Notice No. 3–07] requests, but cannot guarantee the availability of any requests. Drug Schedule Sunshine Act Meeting Written Comments: Interested parties Amphetamine (1100) ...... II The Foreign Claims Settlement are invited to submit written comments Methylphenidate (1724) ...... II Commission, pursuant to its regulations by March 23, 2007 to Sandy Lonick at Amobarbital (2125) ...... II (45 CFR Part 504) and the Government The National Advisory Committee on Pentobarbital (2270) ...... II in the Sunshine Act (5 U.S.C. 552b), Violence Against Women, 800 K Street, Secobarbital (2315) ...... II hereby gives notice in regard to the NW., Ste. 920, Washington, DC 20530. Glutethimide (2550) ...... II Comments may also be submitted by e- Codeine (9050) ...... II scheduling of meetings for the mail at [email protected]; or Oxycodone (9143) ...... II transaction of Commission business and fax at (202) 307–3911. Hydrocodone (9193) ...... II other matters specified, as follows: Public Comment: Persons interested Methadone (9250) ...... II DATE AND TIME: Thursday, March 29, Methadone intermediate (9254) ... II 2007, at 1 p.m. in participating during the public Dextropropoxyphene, bulk (non- II comment period of the meeting, which dosage forms) (9273). SUBJECT MATTER: Issuance of Proposed will discuss the implementation of the Morphine (9300) ...... II Decisions, Amended Proposed Violence Against Women Act of 1994 Decisions, and Amended Final and the Violence Against Women Act of The company plans to manufacture Decisions in claims against Albania. 2000, the Violence Against Women Act the listed controlled substances in bulk STATUS: Open. of 2005 and related legislation, are for distribution to its customers. All meetings are held at the Foreign requested to reserve time on the agenda Siegfried (USA) Inc.’s application for claims Settlement Commission, 600 E by contacting Sandy Lonick by e-mail at renewal requested that DEA add Street, NW., Washington, DC. Requests [email protected]; or fax at Hydromorphone (9150) to its for information, or advance notices of (202) 307–3911. Requests must include registration. DEA is reviewing this intention to observe an open meeting, the participant’s name, organization request. DEA’s granting of Siegfried may be directed to: Administrative represented, if appropriate, and a brief (USA) Inc.’s application for renewal Officer, Foreign Claims Settlement

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Commission, 600 E Street, NW., Room FOR FURTHER INFORMATION CONTACT: Ms. use of appropriate automated, 6002, Washington, DC 20579. P. Diane Rausch, Advisory Committee electronic, mechanical, or other Telephone: (202) 616–6988. Management Officer, Office of External technological collection techniques or Relations, National Aeronautics and other forms of information technology, Mauricio J. Tamargo, Space Administration, Washington, DC e.g., permitting electronic submission of Chairman. 20546, 202/358–4510. responses. [FR Doc. 07–1325 Filed 3–14–07; 3:32 pm] Dated: March 9, 2007. This proposed collection is to collect BILLING CODE 4410–01–P P. Diane Rausch, information via surveys regarding the Advisory Committee Management Officer, public’s experience with finding National Aeronautics and Space government information and the types DEPARTMENT OF LABOR Administration. of programs public libraries and community technology centers provide Office of the Secretary [FR Doc. E7–4801 Filed 3–15–07; 8:45 am] BILLING CODE 7510–13–P to help users. Senior Executive Service; Appointment Dates: Comments must be received by of Members to the Performance April 16, 2007. The OMB is particularly Review Board interested in comments that: NATIONAL FOUNDATION FOR THE • Evaluate whether the proposed ARTS AND HUMANITIES Title 5 U.S.C. 4314(c)(4) provides that collection of information is necessary Notice of the Appointment of an Institute of Museum and Library for the proper performance of the individual to serve as a member of the Services; Submission to OMB for functions of the agency, including Performance Review Board of the Senior Review, Comment Request, Proposed whether the information will have Executive Service shall be published in practical utility; Collection: User Satisfaction With • the Federal Register. Access to Government Information Evaluate the accuracy of the The following individuals are hereby and Services at Public Libraries and agency’s estimate of the burden of the appointed to a three-year term on the Public Access Computing Centers proposed collection of information, Department’s Performance Review including the validity of the Board: Howard M. Radzely, Catherine Summary: The Institute of Museum methodology and assumptions used; • Murphy. and Library Services announces the Enhance the quality, utility, and following information collection has clarity of the information to be FOR FURTHER INFORMATION CONTACT: Ms. been submitted to the Office of collected; and Andrea Burckman, Director, Office of Management and Budget for review and • Minimize the burden of the Executive Resources and Personnel approval in accordance with the collection of information on those who Security, Room C5508, U.S. Department Paperwork Reduction Act of 1995 (Pub. are to respond, including through the of Labor, Frances Perkins Building, 200 L. 104–13, 44 U.S.C. Chapter 35). This use of appropriate automated, Constitution Avenue, NW., Washington, program helps to ensure that requested electronic, mechanical, or other DC 20210, telephone: (202) 693–7628. data can be provided in the desired technological collection techniques or Signed at Washington, DC, this 9th day of format, reporting burden (time and other forms of information technology, March, 2007. financial resources) is minimized, e.g., permitting electronic submission of Elaine L. Chao, collection instruments are clearly responses. Secretary of Labor. understood, and the impact of collection Addresses: A copy of the data [FR Doc. E7–4839 Filed 3–15–07; 8:45 am] requirements on respondents can be collection forms and supporting BILLING CODE 4510–23–P properly assessed. Currently the documentation may be obtained by Institute of Museum and Library contacting Barbara G. Smith, E-Projects Services is soliciting comments Officer, Institute of Museum and Library NATIONAL AERONAUTICS AND concerning a research study to assess Services, 1800 M St., NW., 9th floor, SPACE ADMINISTRATION user satisfaction with access to Washington, DC 20036. She can be government information and services at reached by telephone (202/653–4688) or [Notice (07–024)] public libraries and public access via e-mail ([email protected].) U.S. Space-Based Positioning, computing centers. Background Navigation, and Timing Advisory Dates: Comments must be received by April 16, 2007. The OMB is particularly The Institute of Museum and Library Board Charter; Notice of Amendment Services is an independent Federal and Renewal interested in comments which: • Evaluate whether the proposed grant-making agency authorized by the AGENCY: National Aeronautics and collection of information is necessary Museum and Library Services Act, Space Administration (NASA). for the proper performance of the Public Law 104–208, as amended. The ACTION: Notice of Amendment and functions of the agency, including IMLS provides a variety of grant Renewal of the Charter for the U.S. whether the information will have programs to assist the nation’s museums Space-Based Positioning, Navigation, practical utility; and libraries in improving their and Timing Advisory Board. • Evaluate the accuracy of the operations and enhancing their services agency’s estimate of the burden of the to the public. Museums and libraries of SUMMARY: The title of the current U.S. proposed collection of information, all sizes and types may receive support Space-Based Positioning, Navigation including the validity of the from IMLS programs. Public Law 104– and Timing Advisory Board Charter is methodology and assumptions used; 208 authorizes the Director of the being amended to be in compliance • Enhance the quality, utility, and Institute of Museum and Library with Public Law 109–364, Section clarity of the information to be Services to carry out and publish 911(a)(3), signed into law by the collected; and analyses that shall identify national President on October 17, 2006. The only • Minimize the burden of the needs for, and trends of, museum and change is to amend ‘‘U.S.’’ to ‘‘National’’ collection of information on those who library services; report on the impact in the title. are to respond, including through the and effectiveness of programs

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conducted with funds made available by access government services and Dated: March 12, 2007. the Institute; and identify and information from locations other than Barbara G. Smith, disseminate information on the best home, work, or school; or who do so E-Projects Officer. practices of such programs. through traditional means of access) [FR Doc. E7–4819 Filed 3–15–07; 8:45 am] The E-Government Act of 2002 called accesses federal, state and local BILLING CODE 7036–01–P for the promotion of access to the government services and information, Internet to provide increased and whether such users are satisfied opportunities for citizen participation in with the information and services they government, and an interagency are able to access. Additionally, the NUCLEAR REGULATORY committee issued a report looking at study examines the ways that public COMMISSION disparities in Internet access across a libraries and public access computing centers provide assistance (e.g., Request to Amend a License To Export demographic spectrum. Few studies, Radioactive Waste however, have looked at the kinds of reference services, tutorials, classes, training to users seeking federal, state, assistance (training, tutorials, classes, Pursuant to 10 CFR 110.70(C) ‘‘Public and local government information and reference services) that users are notice of receipt of an application,’’ services. receiving when looking for federal, please take notice that the Nuclear Agency: Institute of Museum and state, and local government information Regulatory Commission has received the Library Services. and services, whether via the Internet or Title: User Satisfaction with Access to following request to amend an export through traditional means (walk-in, Government Information and Services at license. Copies of the request are mail, telephone), and whether users are Public Libraries and Public Access available electronically through ADAMS satisfied with the assistance that they Computing Centers. and can be accessed through the Public are receiving from public libraries and OMB Number: none. Electronic Reading Room (PERR) link public access computing centers. In Agency Number: 3137. http://www.nrc.gov/reading-rm/ order to address this critical information Frequency: once. adams.html at the NRC Homepage. gap and to enhance the quality of library Affected Public: general public, public A request for a hearing or petition for services nationwide, the Institute of libraries, public access computing leave to intervene may be filed within Museum and Library Services (IMLS) centers. 30 days after publication of this notice has undertaken a study to better Number of Respondents: 5,650. in the Federal Register. Any request for understand how users are accessing Estimated Time Per Respondent: 0.29 hearing or petition for leave to intervene federal, state, and local government hour. shall be served by the requestor or information and services and what Total Burden Hours: 1,621 hours. petitioner upon the applicant, the Office kinds of assistance public libraries and Total Annualized capital/startup of the General Counsel, U.S. Nuclear other public access computing centers costs: n/a. Regulatory Commission, Washington, are offering to users seeking government Total Annual Costs: $40,479. DC 20555; the Secretary, U.S. Nuclear information and services. IMLS is Contact. Comments should be sent to Regulatory Commission, Washington, conducting a research study on how the Office of Information and Regulatory DC 20555; and the Executive Secretary, part of the population with limited Affairs, Attn.: OMB Desk Officer for U.S. Department of State, Washington, access to Internet resources (individuals Education, Office of Management and DC 20520. who do not have broadband access from Budget, Room 10235, Washington, DC The information concerning this home, work, or school; who choose to 20503. (202) 395–7316. amendment request follows.

NRC EXPORT LICENSE APPLICATION Description of material

Material type Total quantity End use Recipient country

Name of Applicant: AREVA Class A radioactive License to be amended to extend expira- Metals to be decon- Canada NP Inc. waste in the form tion date to 12/31/2010 and change li- taminated and Date of Application: December of contaminated censee name Total quantity of contami- uranium to be dis- 1, 2006. metals. nants authorized for export remains 3.0 posed of at AECL Date Received: December 5, kilograms of uranium-235 (5.0 w/o Chalk River On- 2006. maximum) contained in 60 kilograms tario. Application No.: XW007/02 uranium. Docket No.: 11005292. Licenses originally issued to Framatome ANP, Inc.)

Dated this 7th day of March 2007 at NUCLEAR REGULATORY received the following request for an Rockville, Maryland. COMMISSION export license. Copies of the request are For the Nuclear Regulatory Commission. available electronically through ADAMS Margaret M. Doane, Application for a License To Export and can be accessed through the Public Major Components of a Nuclear Electronic Reading Room (PERR) link Deputy Director, Office of International Utilization Facility Programs. http://www.nrc.gov/reading-rm/ adams.html at the NRC Homepage. [FR Doc. E7–4870 Filed 3–15–07; 8:45 am] Pursuant to 10 CFR 110.70(b)(1) BILLING CODE 7590–01–P ‘‘Public notice of receipt of an A request for a hearing or petition for application,’’ please take notice that the leave to intervene may be filed within Nuclear Regulatory Commission has 30 days after publication of this notice

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in the Federal Register. Any request for Regulatory Commission, Washington, 10 CFR Part 110 and noticed herein, the hearing or petition for leave to intervene DC 20555; and the Executive Secretary, Commission does not evaluate the shall be served by the requestor or U.S. Department of State, Washington, health, safety or environmental effects petitioner upon the applicant, the Office DC 20520. in the recipient nation of the facility to of the General Counsel, U.S. Nuclear In its review of the application for a be exported. The information Regulatory Commission, Washington, license to export major components of a concerning the application follows. DC 20555; the Secretary, U.S. Nuclear nuclear utilization facility as defined in

NRC APPLICATION FOR LICENSE TO EXPORT Major components of a nuclear utilization facility

Description of facility End use Country of destination

Name of Applicant: Westing- Reactor Coolant Pumps (RCPs) and RCP Motors and For electricity generation at Republic of South Korea. house Electric Company. other nuclear power plant equipment for use in the the Shin-Kori Units 3 construction of two (2), 1400 MWe pressurized and 4 nuclear power re- water reactors (PWRs). actors. Date of Application: Feb- ruary 21, 2007. Date Received: February 26, 2007. Application Number: XR171. Docket Number: 11005673.

Dated this 5th day of March 2007 at a. Consumers Energy Company, et al. Performance, and Plans (Public Rockville, Maryland. (Palisades Nuclear Plant); License Meeting) (Contact: Ann Ramey-Smith, For the Nuclear Regulatory Commission. Transfer Application (Tentative) 301 415–6877) Margaret M. Doane, b. Motion for Reconsideration of This meeting will be webcast live at Deputy Director, Office of International Entergy Nuclear Vermont Yankee, LLC, the Web address— http://www.nrc.gov. Programs. & Entergy Nuclear Operations, Inc. * * * * * [FR Doc. E7–4866 Filed 3–15–07; 8:45 am] (Vermont Yankee Nuclear Power * The schedule for Commission BILLING CODE 7590–01–P Station); Entergy Nuclear Generation meetings is subject to change on short Company & Entergy Nuclear Operations, notice. To verify the status of meetings Inc. (Pilgrim Nuclear Power Station), call (recording)—(301) 415–1292. NUCLEAR REGULATORY CLI–07–3 (Jan. 22, 2007) (Tentative). Contact person for more information: COMMISSION Week of March 26, 2007—Tentative Michelle Schroll, (301) 415–1662. * * * * * Sunshine Act Notice Thursday, March 29, 2007 The NRC Commission Meeting 9:25 a.m.—Affirmation Session (Public Schedule can be found on the Internet AGENCY HOLDING THE MEETINGS: Nuclear Meeting) (Tentative). at: http://www.nrc.gov/about-nrc/policy- Regulatory Commission. a. CBS Corporation’s Petition for making/schedule.html. DATES: Weeks of March 12, 19, 26, April Hearing Regarding an NRC Staff * * * * * 2, 9, 16, 2007. Decision not to Docket a CBS Request The NRC provides reasonable PLACE: Commissioners’ Conference for an Order that Would Change accommodation to individuals with Room, 11555 Rockville Pike, Rockville, Decontamination Standards Governing a disabilities where appropriate. If you Maryland. Westinghouse Materials License at need a reasonable accommodation to Waltz Mill (Tentative) participate in these public meetings, or STATUS: Public and Closed. 9:30 a.m.—Discussion of Management need this meeting notice or the MATTERS TO BE CONSIDERED: Issues (Closed—Ex. 2) transcript or other information from the Week of March 12, 2007 1:30 p.m.—Discussion of Security Issues public meetings in another format (e.g. (Closed—Ex. 1, 3, & 9) braille, large print), please notify the There are no meetings scheduled for NRC’s Disability Program Coordinator, the Week of March 12, 2007. Week of April 2, 2007—Tentative Deborah Chan, at 301–415–7041, TDD: There are no meetings scheduled for 301–415–2100, or by e-mail at Week of March 19, 2007—Tentative the Week of April 2, 2007. [email protected]. Determinations on requests for reasonable accommodation Tuesday, March 20, 2007 Week of April 9, 2007—Tentative will be made on a case-by-case basis. 1:30 p.m.—Briefing on Office of There are no meetings scheduled for Information Services (OIS) * * * * * the Week of April 9, 2007. This notice is distributed by mail to Programs, Performance, and Plans several hundred subscribers; if you no (Public Meeting) (Contact: Edward Week of April 16, 2007—Tentative longer wish to receive it, or would like Baker, 301 415–8700) Monday, April 16, 2007 to be added to the distribution, please This meeting will be webcast live at 1:30 p.m.—Discussion of Security Issues contact the Office of the Secretary, the Web address—http://www.nrc.gov. (Closed—Ex. 1, 2, & 3) Washington, DC 20555 (301–415–1969). Thursday, March 22, 2007 In addition, distribution of this meeting Tuesday, April 17, 2007 notice over the Internet system is 12:55 p.m.—Affirmation Session (Public 1 p.m.—Briefing on Office of Nuclear available. If you are interested in Meeting) (Tentative) Regulatory Research (RES) Programs, receiving this Commission meeting

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schedule electronically, please send an forms is mandatory. One response is Purpose of Creating and Operating an electronic message to [email protected]. required of each respondent. Intermarket Option Linkage (‘‘Linkage 3 Dated: March 8, 2007. The RRB proposes minor non-burden Plan’’). In Joint Amendment No. 22, the impacting, editorial, and formatting R. Michelle Schroll, Participants propose to reduce (i) The changes to Form UI–41 and UI–41a. The Office of the Secretary. amount of time a member must wait completion time for Form UI–41 and after sending a Linkage Order 4 to a [FR Doc. 07–1320 Filed 3–14–07; 2:22 pm] UI–41a is estimated at 8 minutes per market before the member can trade BILLING CODE 7590–01–P response. through that market and (ii) the Additional Information or Comments: timeframe within which a Participant To request more information or to must respond to a Linkage Order after RAILROAD RETIREMENT BOARD obtain a copy of the information receipt of that Order. This order collection justifications, forms, and/or summarily puts into effect Joint Proposed Collection; Comment supporting material, please call the RRB Amendment No. 22 on a temporary Request Clearance Officer at (312) 751–3363 or basis not to exceed 120 days and solicits Summary: In accordance with the send an e-mail request to [email protected]. Comments comment on Joint Amendment No. 22 requirement of Section 3506(c)(2)(A) of from interested persons.5 the Paperwork Reduction Act of 1995 regarding the information collection which provides opportunity for public should be addressed to Ronald J. II. Description of the Proposed comment on new or revised data Hodapp, Railroad Retirement Board, 844 Amendment collections, the Railroad Retirement N. Rush Street, Chicago, Illinois 60611– Board (RRB) will publish periodic 2092 or send an E-mail to First, the purpose of Joint summaries of proposed data collections. [email protected]. Comments Amendment No. 22 is to reduce the Comments are invited on: (a) Whether should be received within 60 days of amount of time a member must wait the proposed information collection is this notice. after sending a Linkage Order to a market before the member can trade necessary for the proper performance of Charles Mierzwa, the functions of the agency, including through that market. The Participants Clearance Officer propose to decrease this time period whether the information has practical [FR Doc. E7–4864 Filed 3–15–07; 8:45 am] utility; (b) the accuracy of the RRB’s from 20 seconds to 5 seconds. BILLING CODE 7905–01–P estimate of the burden of the collection Second, Joint Amendment No. 22 will of the information; (c) ways to enhance also reduce the time frame in which a the quality, utility, and clarity of the SECURITIES AND EXCHANGE Participant must respond to a Linkage information to be collected; and (d) COMMISSION Order from 15 to 5 seconds after receipt ways to minimize the burden related to of that Order. Because the Linkage is the collection of information on [Release No. 34–55436; File No. 4–429] highly automated and a Participant respondents, including the use of should receive a response to a Linkage Joint Industry Plan; Notice of automated collection techniques or Order within seconds after it is sent, the Summary Effectiveness on a other forms of information technology. Participants do not believe it is Temporary Basis of Joint Amendment Title and purpose of information necessary to wait the current 15 seconds No. 22 to the Plan for the Purpose of collection: Employer Service and for such a response. In addition, Compensation Reports; OMB 3220– Creating and Operating an Intermarket Option Linkage Relating to Response especially in fast-moving markets like 0070. the options market, the Participants Section 2(c) of the Railroad Time for Certain Orders Sent Through the Linkage, and Notice of Filing of believe that amending the time period to Unemployment Insurance Act (RUIA) 5 seconds for the rejection of a P/A specifies the maximum normal Such Amendment unemployment and sickness benefits March 8, 2007. 3 On July 28, 2000, the Commission approved a that may be paid in a benefit year. national market system plan for the purpose of Section 2(c) further provides for I. Introduction creating and operating an intermarket options extended benefits for certain employees On February 2, 2007, February 15, market linkage (‘‘Linkage’’) proposed by Amex, CBOE, and ISE. See Securities Exchange Act and for beginning a benefit year early for 2007, February 5, 2007, February 7, Release No. 43086 (July 28, 2000), 65 FR 48023 other employees. The conditions for 2007, January 30, 2007, and February (August 4, 2000). Subsequently, Phlx, Pacific these actions are prescribed in 20 CFR 13, 2007, the American Stock Exchange Exchange, Inc. (n/k/a NYSE Arca, Inc.), and BSE part 302. LLC (‘‘Amex’’), the Boston Stock joined the Linkage Plan. See Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65 FR All information about creditable Exchange, Inc. (‘‘BSE’’), the Chicago 70851 (November 28, 2000); 43574 (November 16, railroad service and compensation Board Options Exchange, Incorporated 2000), 65 FR 70850 (November 28, 2000); and 49198 needed by the RRB to administer (‘‘CBOE’’), the International Securities (February 5, 2004), 69 FR 7029 (February 12, 2004). Section 2(c) is not always available from Exchange, LLC (‘‘ISE’’), the NYSE Arca, 4 See Section 2(16) of the Linkage Plan. For the annual reports filed by railroad purposes of this Joint Amendment No. 22 only, Inc., and the Philadelphia Stock references to ‘‘Linkage Orders’’ herein pertain to employers with the RRB (OMB 3220– Exchange, Inc. (‘‘Phlx’’) (collectively, P/A Orders and Principal Orders. For definitions of 0008). When this occurs, the RRB must ‘‘Participants’’), respectively, filed with ‘‘P/A Order’’ and ‘‘Principal Order,’’ see note 6 obtain supplemental information about the Securities and Exchange infra. service and compensation. Commission (‘‘Commission’’) pursuant 5 A proposed amendment may be put into effect summarily upon publication of notice of such The RRB utilizes Form UI–41, to Section 11A of the Securities amendment, on a temporary basis not to exceed 120 Supplemental Report of Service and Exchange Act of 1934 (‘‘Act’’) 1 and Rule days, if the Commission finds that such action is Compensation, and Form UI–41a, 608 thereunder 2 an amendment (‘‘Joint necessary or appropriate in the public interest, for Supplemental Report of Compensation, Amendment No. 22’’) to the Plan for the the protection of investors or the maintenance of fair and orderly markets, to remove impediments to, to obtain the additional information and perfect mechanisms of, a national market about service and compensation from 1 15 U.S.C. 78k–1. system or otherwise in furtherance of the purposes railroad employers. Completion of the 2 17 CFR 242.608. of the Act. See 17 CFR 242.608(b)(4).

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Order or Principal Order 6 due to an Paper Comments SECURITIES AND EXCHANGE untimely response will provide an • COMMISSION opportunity for the transmittal of Send paper comments in triplicate responses while also allowing a to Nancy M. Morris, Secretary, Securities and Exchange Commission, [Release Nos. 33–8786, 34–55456; File No. Participant’s members to execute orders 4–515] on their own exchanges in a timely 100 F Street, NE., Washington, DC manner. 20549–1090. Roundtable on Interactive Data: III. Discussion All submissions should refer to File Creating Interactive Data To Serve Number 4–429. This file number should Investors After careful consideration, the be included on the subject line if e-mail Commission finds that the proposed is used. To help the Commission AGENCY: Securities and Exchange amendment to the Linkage Plan is Commission. consistent with the requirements of the process and review your comments Act and the rules and regulations more efficiently, please use only one ACTION: Notice of roundtable meeting. thereunder.7 Specifically, the method. The Commission will post all comments on the Commission’s Internet Commission finds that the proposed SUMMARY: On Monday, March 19, 2007, amendment to the Linkage Plan is Web site (http://www.sec.gov/rules/ the Securities and Exchange consistent with Section 11A of the Act 8 sro.shtml). Copies of the submission, all Commission will hold a roundtable and Rule 608 thereunder 9 in that it is subsequent amendments, all written discussion on creating interactive data appropriate in the public interest, for statements with respect to proposed to serve investors. The event begins the protection of investors and the Joint Amendment No. 22 that are filed with remarks from SEC Chairman Cox maintenance of fair and orderly markets. with the Commission, and all written and an address by Vanguard Group Specifically, the Commission believes communications relating to proposed Chairman and CEO John J. Brennan on that reducing the time required by a Joint Amendment No. 22 between the the use of interactive data by public Participant to respond to a Linkage Commission and any person, other than companies and mutual funds to improve Order and the amount of time a member those that may be withheld from the disclosure for individual investors. sending a Linkage Order must wait public in accordance with the before trading through a nonresponsive Following Mr. Brennan’s remarks, John provisions of 5 U.S.C. 552, will be W. White, Director of the Commission’s Participant should facilitate the more available for inspection and copying in timely execution of orders across the Division of Corporation Finance, will the Commission’s Public Reference discuss the use of interactive data to options markets. In addition, the Room. Copies of such filings also will be Commission finds that it is appropriate create better disclosure documents. The available for inspection and copying at roundtable will also feature a panel to summarily put into effect Joint the principal offices of the Amex, BSE, Amendment No. 22 upon publication of discussion on the benefits, including CBOE, ISE, NYSE Arca, and Phlx. All potential cost savings, of preparing this notice on a temporary basis for 120 comments received will be posted days. The Commission believes that financial reports using interactive data without change; the Commission does such action is appropriate in the public written in a computer language called not edit personal identifying interest, for the protection of investors XBRL. Panelists will include executives and the maintenance of fair and orderly information from submissions. You at public companies currently providing markets, because it will facilitate should submit only information that investors with interactive data on a test implementation of the Joint Amendment you wish to make publicly available. All basis as part of the SEC’s voluntary No. 22 in conjunction with the submissions should refer to File filing program. The panel will be commencement of options penny Number 4–429 and should be submitted moderated by Chicago Sun-Times quoting pilot program. on or before April 6, 2007. personal finance columnist Terry IV. Solicitation of Comments V. Conclusion Savage. Richard Bennett, Chief Executive Officer of The Corporate Interested persons are invited to It is therefore ordered, pursuant to Library, will provide closing remarks submit written data, views, and 10 Section 11A of the Act and Rule and discuss the significance of arguments concerning the foregoing, 608(b)(4) thereunder,11 that Joint including whether proposed Joint interactive data for corporate Amendment No. 22 is summarily put governance. Amendment No. 22 is consistent with into effect until July 16, 2007. the Act. Comments may be submitted by The roundtable will take place at the any of the following methods: For the Commission, by the Division of Commission’s headquarters at 100 F Market Regulation, pursuant to delegated Street, NE., Auditorium, Room L–002, Electronic Comments 12 authority. Washington, DC at 10 a.m. The public • Use the Commission’s Internet Florence E. Harmon, is invited to observe the roundtable comment form (http://www.sec.gov/ Deputy Secretary. discussions. Seating is available on a rules/sro.shtml); or [FR Doc. E7–4783 Filed 3–15–07; 8:45 am] first-come, first-serve basis. • Send an e-mail to rule- [email protected]. Please include File BILLING CODE 8010–01–P FOR FURTHER INFORMATION CONTACT: Number 4–429 on the subject line. Brigitte Lippmann at (202) 551–3713. Dated: March 13, 2007. 6 See Section 2(16)(a) and (b) of the Linkage Plan, respectively. By the Commission. 7 In summarily putting into effect this Joint Nancy M. Morris, Amendment No. 22, the Commission has considered its impact on efficiency, competition, Secretary. and capital formation. 10 15 U.S.C. 78k–1. [FR Doc. E7–4892 Filed 3–15–07; 8:45 am] 8 11 17 CFR 242.608(b)(4). 15 U.S.C. 78k–1. BILLING CODE 8010–01–P 9 17 CFR 242.608. 12 17 CFR 200.30–3(a)(29).

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SECURITIES AND EXCHANGE statements may be examined at the acts and, in general, to protect investors COMMISSION places specified in Item IV below. The and the public interest. Exchange has prepared summaries, set [Release No. 34–55429; File No. SR–CBOE– B. Self-Regulatory Organization’s forth in sections A, B, and C below, of 2007–24] Statement on Burden on Competition the most significant aspects of such Self-Regulatory Organizations; statements. CBOE does not believe that the Chicago Board Options Exchange, proposed rule change will impose any A. Self-Regulatory Organization’s burden on competition that is not Incorporated; Notice of Filing and Statement of the Purpose of, and Immediate Effectiveness of Proposed necessary or appropriate in furtherance Statutory Basis for, the Proposed Rule of the purposes of the Exchange Act. Rule Change and Amendment No. 1 To Change Increase the Class Quoting Limit in the C. Self-Regulatory Organization’s Option Class Baidu.com, Inc. (BIDU) 1. Purpose Statement on Comments on the March 8, 2007. CBOE Rule 8.3A, Maximum Number Proposed Rule Change Received From Pursuant to Section 19(b)(1) of the of Market Participants Quoting Members, Participants, or Others Securities Exchange Act of 1934 (the Electronically per Product, establishes The Exchange neither received nor ‘‘Act’’),1 and Rule 19b–4 thereunder,2 class quoting limits (‘‘CQLs’’) for each solicited written comments on the notice is hereby given that on February class traded on the Hybrid Trading proposal. 27, 2007, the Chicago Board Options System.5 A CQL is the maximum III. Date of Effectiveness of the Exchange, Incorporated (‘‘CBOE’’ or number of quoters that may quote Proposed Rule Change and Timing for ‘‘Exchange’’) filed with the Securities electronically in a given product and the Commission Action and Exchange Commission current levels are established from 25– (‘‘Commission’’) the proposed rule 40, depending on the trading activity of The foregoing proposed rule change change as described in Items I, II, and the particular product. will take effect upon filing with the III below, which Items have been Rule 8.3A, Interpretation .01(c) Commission pursuant to Section substantially prepared by the CBOE. provides a procedure by which the 19(b)(3)(A)(i) of the Act 9 and Rule 19b– The Exchange has designated this President of the Exchange may increase 4(f)(1) thereunder,10 because it proposal as one constituting a stated the CQL for a particular product. In this constitutes a stated policy, practice, or policy, practice, or interpretation with regard, the President of the Exchange interpretation with respect to the respect to the meaning, administration, may increase the CQL in exceptional meaning, administration, or or enforcement of an existing rule under circumstances, which are defined in the enforcement of an existing rule. Section 19(b)(3)(A)(i) of the Act,3 and rule as ‘‘substantial trading volume, At any time within 60 days of the Rule 19b–4(f)(1) 4 thereunder, which whether actual or expected.’’ 6 The filing of the proposed rule change, the renders the proposal effective upon effect of an increase in the CQL is Commission may summarily abrogate filing with the Commission. The procompetitive in that it increases the such rule change if it appears to the Exchange submitted Amendment No. 1 number of market participants that may Commission that such action is to the proposed rule change on March quote electronically in a product. The necessary or appropriate in the public 5, 2007. The Commission is publishing purpose of this filing is to increase the interest, for the protection of investors, this notice to solicit comments on the CQL in the option class BIDU from its or otherwise in furtherance of the proposed rule change, as amended, from current limit of 35 to 40 due to purposes of the Act.11 interested persons. increased trading volume. Increasing the IV. Solicitation of Comments I. Self-Regulatory Organization’s CQL in BIDU options will enable the Exchange to enhance the liquidity Interested persons are invited to Statement of the Terms of Substance of submit written data, views, and the Proposed Rule Change offered, thereby offering deeper and more liquid markets. arguments concerning the foregoing, CBOE proposes to increase the class including whether the proposed rule quoting limit in the option class 2. Statutory Basis change is consistent with the Act. Baidu.com, Inc. (BIDU). The text of the Accordingly, CBOE believes the Comments may be submitted by any of proposed rule change is available on proposed rule change is consistent with the following methods: CBOE’s Web site (http:// the Act and the rules and regulations www.cboe.com), at the CBOE’s Office of Electronic Comments under the Act applicable to a national the Secretary, and at the Commission’s • Use the Commission’s Internet securities exchange and, in particular, Public Reference Room. comment form (http://www.sec.gov/ the requirements of Section 6(b) of the 7 rules/sro.shtml); or II. Self-Regulatory Organization’s Act. Specifically, the Exchange • Statement of the Purpose of, and believes the proposed rule change is Send an e-mail to Statutory Basis for, the Proposed Rule consistent with the Section 6(b)(5) 8 [email protected]. Please include Change requirements that the rules of an File Number SR–CBOE–2007–24 on the subject line. In its filing with the Commission, the exchange be designed to promote just Exchange included statements and equitable principles of trade, to Paper Comments prevent fraudulent and manipulative concerning the purpose of and basis for • Send paper comments in triplicate the proposed rule change and discussed to Nancy M. Morris, Secretary, 5 any comments it received on the See Rule 8.3A.01. Securities and Exchange Commission, proposed rule change. The text of these 6 ‘‘Any actions taken by the President of the Exchange pursuant to this paragraph will be submitted to the SEC in a rule filing pursuant to 9 15 U.S.C. 78s(b)(3)(A)(i). 1 15 U.S.C. 78s(b)(1). Section 19(b)(3)(A) of the Exchange Act.’’ Rule 10 17 CFR 240.19b–4(f)(1). 2 17 CFR 240.19b–4. 8.3A.01(c). 11 The 60 day abrogation period commenced on 3 15 U.S.C. 78s(b)(3)(A)(i). 7 15 U.S.C. 78(f)(b). March 5, 2007, the date on which the Exchange 4 17 CFR 240.19b–4(f)(1). 8 15 U.S.C. 78(f)(b)(5). filed Amendment No. 1.

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100 F Street, NE., Washington, DC (‘‘Act’’),1 and Rule 19b–4 thereunder,2 where it operates as an RMM or e-DPM, 20549–1090. notice is hereby given that on February respectively (such Market-Makers All submissions should refer to File 22, 2007, the Chicago Board Options would be required to trade on a separate Number SR–CBOE–2007–24. This file Exchange, Incorporated (‘‘Exchange’’ or membership).5 The pilots would be number should be included on the ‘‘CBOE’’) filed with the Securities and extended from March 14, 2007 until subject line if e-mail is used. To help the Exchange Commission (‘‘Commission’’ March 14, 2008. Commission process and review your or ‘‘SEC’’) the proposed rule change as In July of 2003, the SEC approved the comments more efficiently, please use described in Items I and II below, which e-DPM program, including the pilot 6 only one method. The Commission will Items have been prepared by the program. The pilot allows e-DPM firms post all comments on the Commission’s Exchange. The Exchange filed the to maintain a physical presence in the Internet Web site (http://www.sec.gov/ proposal as a ‘‘non-controversial’’ trading crowd through an affiliated rules/sro.shtml). Copies of the proposed rule change pursuant to Market-Maker who would also be able 3 submission, all subsequent Section 19(b)(3)(A)(iii) of the Act and to stream a quote. The pilot, however, 4 amendments, all written statements Rule 19b–4(f)(6) thereunder, which limits the number of separate affiliates with respect to the proposed rule renders the proposal effective upon per trading crowd to one. In March of 2005, the SEC approved change that are filed with the filing with the Commission. The the RMM program, including the pilot Commission, and all written Commission is publishing this notice to program.7 The pilot allows RMM firms communications relating to the solicit comments on the proposed rule to maintain a physical presence in the proposed rule change between the change from interested persons. trading crowd through an affiliated Commission and any person, other than I. Self-Regulatory Organization’s Market-Maker who would also be able those that may be withheld from the Statement of the Terms of Substance of to stream a quote. The pilot limits the public in accordance with the the Proposed Rule Change number of separate affiliates per trading provisions of 5 U.S.C. 552, will be CBOE proposes to extend two pilot crowd to one. available for inspection and copying in programs allowing Remote Market- CBOE has provided the Commission, the Commission’s Public Reference Makers (‘‘RMMs’’) and Electronic DPMs under separate cover, data relating to Section, 100 F Street, NE., Washington, (‘‘e-DPMs’’) to have up to one separate these Pilot Programs, which the SEC DC 20549. Copies of such filing also will affiliated Market-Maker physically staff is reviewing.8 The Exchange has be available for inspection and copying present in the trading crowd. The CBOE committed to providing by September at the principal office of the CBOE. All proposes to extend the pilots until 14, 2007, data required by the Pilots. comments received will be posted March 14, 2008. The text of the 2. Statutory Basis without change; the Commission does proposed rule change is available on not edit personal identifying CBOE’s Web site (http://www.cboe.org/ The Exchange believes the proposed information from submissions. You Legal), at the CBOE’s Office of the rule change is consistent with the Act should submit only information that Secretary, and at the Commission. and the rules and regulations under the you wish to make available publicly. Act applicable to a national securities All submissions should refer to File II. Self-Regulatory Organization’s exchange and, in particular, the Number SR–CBOE–2007–24 and should Statement of the Purpose of, and requirements of Section 6(b) of the Act.9 be submitted on or before April 6, 2007. Statutory Basis for, the Proposed Rule Specifically, the Exchange believes the Change For the Commission, by the Division of proposed rule change is consistent with Market Regulation, pursuant to delegated In its filing with the Commission, the the Section 6(b)(5) of the Act,10 which authority.12 Exchange included statements requires that the rules of an exchange be Florence E. Harmon, concerning the purpose of and basis for designed to promote just and equitable Deputy Secretary. the proposed rule change and discussed principles of trade, to prevent [FR Doc. E7–4785 Filed 3–15–07; 8:45 am] any comments it received on the fraudulent and manipulative acts and, proposed rule change. The text of these in general, to protect investors and the BILLING CODE 8010–01–P statements may be examined at the public interest. places specified in Item IV below. The B. Self-Regulatory Organization’s SECURITIES AND EXCHANGE Exchange has prepared summaries, set Statement on Burden on Competition COMMISSION forth in sections A, B, and C below, of the most significant aspects of such CBOE does not believe that the proposed rule change will impose any [Release No. 34–55438; File No. SR–CBOE– statements. 2007–19] A. Self-Regulatory Organization’s 5 The SEC previously extended the pilot programs Statement of the Purpose of, and for 6 months, from September 14, 2006 until March Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule 14, 2006. See Securities Exchange Act Release No. 54443 (September 14, 2006), 71 FR 55237 Chicago Board Options Exchange, Change Incorporated; Notice of Filing and (September 21, 2006) (granting immediate 1. Purpose effectiveness to SR–CBOE–2006–77). Immediate Effectiveness of Proposed 6 See Securities Exchange Act Release No. 50003 Rule Change to Extend Two Pilot The Exchange proposes to amend (July 12, 2004), 69 FR 43028 (July 19, 2004) Programs That Allow RMMs and e- CBOE Rules 8.4(c)(i) and 8.93(vii) to (approving SR–CBOE–2004–24). DPMs to Have up to One Affiliated 7 See Securities Exchange Act Release No. 51366 extend the pilot programs allowing an (March 14, 2005), 70 FR 13217 (March, 18, 2005) Market-Maker Physically Present in the RMM and e-DPM the option to have up (approving SR–CBOE–2004–75). Trading Crowd to one separate affiliated Market-Maker 8 The Exchange has committed to providing by physically present in the trading crowds September 14, 2007, updated data required by the March 9, 2007. Pilots. Telephone conversation between Patrick Pursuant to Section 19(b)(1) of the Sexton, Associate General Counsel, CBOE and 1 15 U.S.C. 78s(b)(1). Sonia Trocchio, Special Counsel, Division of Securities Exchange Act of 1934 2 17 CFR 240.19b–4. Market Regulation, Commission (March 7, 2007). 3 15 U.S.C. 78s(b)(3)(A)(iii). 9 15 U.S.C. 78f(b). 12 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6). 10 15 U.S.C. 78f(b)(5).

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burden on competition that is not change is consistent with the Act. SECURITIES AND EXCHANGE necessary or appropriate in furtherance Comments may be submitted by any of COMMISSION of the purposes of the Act. the following methods: [Release No. 34–55428; File No. SR–CBOE– C. Self-Regulatory Organization’s Electronic Comments 2007–23] Statement on Comments on the Proposed Rule Change Received From • Use the Commission’s Internet Self-Regulatory Organizations; Members, Participants or Others comment form (http://www.sec.gov/ Chicago Board Options Exchange, rules/sro.shtml); or Incorporated; Notice of Filing and No written comments were solicited Immediate Effectiveness of Proposed or received with respect to the proposed • Send an e-mail to rule- Rule Change and Amendment No. 1 To rule change. [email protected]. Please include File Increase the Class Quoting Limit in the III. Date of Effectiveness of the Number SR–CBOE–2007–19 on the Option Class InterContinental Proposed Rule Change and Timing for subject line. Exchange, Inc. (ICE) Commission Action Paper Comments March 8, 2007. The foregoing rule change has become • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the effective pursuant to Section Securities Exchange Act of 1934 (the 11 to Nancy M. Morris, Secretary, 19(b)(3)(A)(iii) of the Act and ‘‘Act’’),1 and Rule 19b–4 thereunder,2 12 Securities and Exchange Commission, subparagraph (f)(6) of Rule 19b–4 notice is hereby given that on February 100 F Street, NE., Washington, DC thereunder because it does not: (i) 27, 2007, the Chicago Board Options 20549–1090. Significantly affect the protection of Exchange, Incorporated (‘‘CBOE’’ or investors or the public interest; (ii) All submissions should refer to File ‘‘Exchange’’) filed with the Securities impose any significant burden on Number SR–CBOE–2007–19. This file and Exchange Commission competition; (iii) become operative for number should be included on the (‘‘Commission’’) the proposed rule 30 days from the date on which it was subject line if e-mail is used. To help the change as described in Items I, II, and filed, or such shorter time as the Commission process and review your III below, which Items have been Commission may designate; and the comments more efficiently, please use substantially prepared by the CBOE. Exchange has given the Commission only one method. The Commission will The Exchange has designated this written notice of its intention to file the post all comments on the Commission’s proposal as one constituting a stated proposed rule change at least five policy, practice, or interpretation with business days prior to filing. At any Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the respect to the meaning, administration, time within 60 days of the filing of such or enforcement of an existing rule under proposed rule change, the Commission submission, all subsequent amendments, all written statements Section 19(b)(3)(A)(i) of the Act,3 and may summarily abrogate such rule Rule 19b–4(f)(1) 4 thereunder, which change if it appears to the Commission with respect to the proposed rule change that are filed with the renders the proposal effective upon that such action is necessary or filing with the Commission. The appropriate in the public interest, for Commission, and all written communications relating to the Exchange submitted Amendment No. 1 the protection of investors, or otherwise to the proposed rule change on March proposed rule change between the in furtherance of the purposes of the 5, 2007. The Commission is publishing Commission and any person, other than Act. this notice to solicit comments on the Under Rule 19b–4(f)(6) of the Act,13 those that may be withheld from the proposed rule change, as amended, from the proposal does not become operative public in accordance with the interested persons. for 30 days after the date of its filing, or provisions of 5 U.S.C. 552, will be such shorter time as the Commission available for inspection and copying in I. Self-Regulatory Organization’s may designate if consistent with the the Commission’s Public Reference Statement of the Terms of Substance of protection of investors and the public Room, 100 F Street, NE., Washington, the Proposed Rule Change interest. The Exchange has requested DC 20549. Copies of such filing also will CBOE proposes to increase the class that the Commission waive the 30-day be available for inspection and copying quoting limit in the option class operative date, so that the pilots may at the principal office of the CBOE. All InterContinental Exchange, Inc. (ICE). continue without interruption. The comments received will be posted The text of the proposed rule change is Commission believes that the proposed without change; the Commission does available on CBOE’s Web site (http:// rule change does not raise any new not edit personal identifying www.cboe.com), at the CBOE’s Office of regulatory issues and, consistent with information from submissions. You the Secretary, and at the Commission’s the protection of investors and the Public Reference Room. public interest, has determined to waive should submit only information that the 30-day operative date.14 you wish to make available publicly. All II. Self-Regulatory Organization’s submissions should refer to File Statement of the Purpose of, and IV. Solicitation of Comments Number SR–CBOE–2007–19 and should Statutory Basis for, the Proposed Rule Interested persons are invited to be submitted on or before April 6, 2007. Change submit written data, views, and For the Commission, by the Division of In its filing with the Commission, the arguments concerning the foregoing, Market Regulation, pursuant to delegated Exchange included statements including whether the proposed rule authority.15 concerning the purpose of and basis for the proposed rule change and discussed 11 Florence E. Harmon, 15 U.S.C. 78s(b)(3)(A)(iii). any comments it received on the 12 17 CFR 240.19b–4(f)(6). Deputy Secretary. 13 Id. [FR Doc. E7–4812 Filed 3–15–07; 8:45 am] 1 14 15 U.S.C. 78s(b)(1). For purposes only of waiving the operative date BILLING CODE 8010–01–P of this proposal, the Commission has considered 2 17 CFR 240.19b–4. the proposed rule’s impact on efficiency, 3 15 U.S.C. 78s(b)(3)(A)(i). competition and capital formation. 15 U.S.C. 78c(f). 15 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(1).

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proposed rule change. The text of these acts and, in general, to protect investors 100 F Street, NE., Washington, DC statements may be examined at the and the public interest. 20549–1090. places specified in Item IV below. The All submissions should refer to File B. Self-Regulatory Organization’s Exchange has prepared summaries, set Number SR–CBOE–2007–23. This file Statement on Burden on Competition forth in sections A, B, and C below, of number should be included on the the most significant aspects of such CBOE does not believe that the subject line if e-mail is used. To help the statements. proposed rule change will impose any Commission process and review your burden on competition that is not comments more efficiently, please use A. Self-Regulatory Organization’s necessary or appropriate in furtherance only one method. The Commission will Statement of the Purpose of, and of the purposes of the Exchange Act. post all comments on the Commission’s Statutory Basis for, the Proposed Rule Internet Web site (http://www.sec.gov/ Change C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Statement on Comments on the 1. Purpose submission, all subsequent Proposed Rule Change Received From amendments, all written statements CBOE Rule 8.3A, Maximum Number Members, Participants, or Others with respect to the proposed rule of Market Participants Quoting The Exchange neither received nor change that are filed with the Electronically per Product, establishes solicited written comments on the Commission, and all written class quoting limits (‘‘CQLs’’) for each proposal. communications relating to the class traded on the Hybrid Trading proposed rule change between the 5 System. A CQL is the maximum III. Date of Effectiveness of the Commission and any person, other than number of quoters that may quote Proposed Rule Change and Timing for those that may be withheld from the electronically in a given product and the Commission Action public in accordance with the current levels are established from 25– The foregoing proposed rule change provisions of 5 U.S.C. 552, will be 40, depending on the trading activity of will take effect upon filing with the available for inspection and copying in the particular product. Commission pursuant to Section the Commission’s Public Reference Rule 8.3A, Interpretation .01(c) 19(b)(3)(A)(i) of the Act 9 and Rule 19b– Section, 100 F Street, NE., Washington, provides a procedure by which the 4(f)(1) thereunder,10 because it DC 20549. Copies of such filing also will President of the Exchange may increase constitutes a stated policy, practice, or be available for inspection and copying the CQL for a particular product. In this interpretation with respect to the at the principal office of the CBOE. All regard, the President of the Exchange meaning, administration, or comments received will be posted may increase the CQL in exceptional enforcement of an existing rule. without change; the Commission does circumstances, which are defined in the At any time within 60-days of the not edit personal identifying rule as ‘‘substantial trading volume, filing of the proposed rule change, the information from submissions. You whether actual or expected.’’ 6 The Commission may summarily abrogate should submit only information that effect of an increase in the CQL is such rule change if it appears to the you wish to make available publicly. All procompetitive in that it increases the Commission that such action is submissions should refer to File number of market participants that may necessary or appropriate in the public Number SR–CBOE–2007–23 and should quote electronically in a product. The interest, for the protection of investors, be submitted on or before April 6, 2007. purpose of this filing is to increase the or otherwise in furtherance of the For the Commission, by the Division of CQL in the option class ICE from its purposes of the Act.11 Market Regulation, pursuant to delegated current limit of 35 to 40 due to authority.12 increased trading volume. Increasing the IV. Solicitation of Comments Florence E. Harmon, CQL in ICE options will enable the Interested persons are invited to Deputy Secretary. Exchange to enhance the liquidity submit written data, views, and [FR Doc. E7–4817 Filed 3–15–07; 8:45 am] offered, thereby offering deeper and arguments concerning the foregoing, BILLING CODE 8010–01–P more liquid markets. including whether the proposed rule 2. Statutory Basis change is consistent with the Act. Comments may be submitted by any of SECURITIES AND EXCHANGE Accordingly, CBOE believes the the following methods: COMMISSION proposed rule change is consistent with the Act and the rules and regulations Electronic Comments [Release No. 34–55427; File No. SR–ISE– 2007–17] under the Act applicable to a national • Use the Commission’s Internet securities exchange and, in particular, comment form (http://www.sec.gov/ Self-Regulatory Organizations; the requirements of Section 6(b) of the rules/sro.shtml); or International Securities Exchange, Act.7 Specifically, the Exchange • Send an e-mail to rule- LLC; Notice of Filing and Immediate believes the proposed rule change is [email protected]. Please include File Effectiveness of Proposed Rule consistent with the Section 6(b)(5) 8 Number SR–CBOE–2007–23 on the Change Relating to an ISE Stock requirements that the rules of an subject line. Exchange Fee Waiver exchange be designed to promote just and equitable principles of trade, to Paper Comments March 8, 2007. prevent fraudulent and manipulative • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the to Nancy M. Morris, Secretary, Securities Exchange Act of 1934 5 See Rule 8.3A.01. Securities and Exchange Commission, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 6 ‘‘Any actions taken by the President of the notice is hereby given that on February Exchange pursuant to this paragraph will be submitted to the SEC in a rule filing pursuant to 9 15 U.S.C. 78s(b)(3)(A)(i). 28, 2007, the International Securities Section 19(b)(3)(A) of the Exchange Act.’’ Rule 10 17 CFR 240.19b–4(f)(1). 8.3A.01(c). 11 The 60-day abrogation period commenced on 12 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78(f)(b). March 5, 2007, the date on which the Exchange 1 15 U.S.C. 78s(b)(1). 8 15 U.S.C. 78(f)(b)(5). filed Amendment No. 1. 2 17 CFR 240.19b–4.

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Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) reasonable dues, fees, and other charges Station Place, 100 F Street, NE., filed with the Securities and Exchange among its members and issuers and Washington, DC 20549–1090. Commission (‘‘Commission’’) the other persons using its facilities. All submissions should refer to File proposed rule change as described in Number SR–ISE–2007–17. This file B. Self-Regulatory Organization’s Items I, II and III below, which Items number should be included on the Statement on Burden on Competition have been substantially prepared by the subject line if e-mail is used. To help the Exchange. The Commission is The Exchange believes that the Commission process and review your publishing this notice to solicit proposed rule change does not impose comments more efficiently, please use comments on the proposed rule change any burden on competition that is not only one method. The Commission will from interested persons. necessary or appropriate in furtherance post all comments on the Commission’s of the purposes of the Act. Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Statement of the Terms of Substance of C. Self-Regulatory Organization’s submission, all subsequent the Proposed Rule Change Statement on Comments on the amendments, all written statements Proposed Rule Change Received From The ISE is proposing to amend its with respect to the proposed rule Members, Participants, or Others Schedule of Fees to extend a fee waiver change that are filed with the related to the ISE Stock Exchange (‘‘ISE The Exchange has not solicited, and Commission, and all written Stock’’). The text of the proposed rule does not intend to solicit, comments on communications relating to the change is available at http:// this proposed rule change. The proposed rule change between the www.iseoptions.com and the Exchange has not received any Commission and any person, other than Commission’s Public Reference Room. unsolicited written comments from those that may be withheld from the members or other interested parties. public in accordance with the II. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be Statement of the Purpose of, and III. Date of Effectiveness of the available for inspection and copying in Statutory Basis for, the Proposed Rule Proposed Rule Change and Timing for the Commission’s Public Reference Change Commission Action Room. Copies of such filing also will be In its filing with the Commission, the The foregoing proposed rule change available for inspection and copying at Exchange included statements has become effective pursuant to the principal office of the ISE. All concerning the purpose of, and basis for, Section 19(b)(3)(A)(ii) of the Act 6 and comments received will be posted the proposed rule change and discussed Rule 19b–4(f)(2) thereunder,7 because it without change; the Commission does any comments it received on the establishes or changes a due, fee, or not edit personal identifying proposed rule change. The text of these other charge imposed by the Exchange. information from submissions. You statements may be examined at the Accordingly, the proposal will take should submit only information that places specified in Item IV below. The effect upon filing with the Commission. you wish to make available publicly. All Exchange has prepared summaries, set At any time within 60 days of the submissions should refer to File forth in Sections A, B, and C below, of filing of the proposed rule change the Number SR–ISE–2007–17 and should be the most significant aspects of such Commission may summarily abrogate submitted on or before April 6, 2007. statements. such rule change if it appears to the For the Commission, by the Division of Commission that such action is Market Regulation, pursuant to delegated A. Self-Regulatory Organization’s necessary or appropriate in the public authority.8 Statement of the Purpose of, and interest, for the protection of investors, Florence E. Harmon, Statutory Basis for, the Proposed Rule or otherwise in furtherance of the Deputy Secretary. Change purposes of the Act. [FR Doc. E7–4784 Filed 3–15–07; 8:45 am] 1. Purpose IV. Solicitation of Comments BILLING CODE 8010–01–P The purpose of this proposed rule Interested persons are invited to change is to extend a fee waiver related submit written data, views and SECURITIES AND EXCHANGE to the trading of equity securities on the arguments concerning the foregoing, COMMISSION ISE Stock, a facility of the Exchange. including whether the proposed rule The Exchange currently waives all change is consistent with the Act. [Release No. 34–55422; File No. SR–ISE– execution fees in an effort to promote 2007–10] 3 Comments may be submitted by any of trading on ISE Stock. The fee waiver is the following methods: scheduled to expire on March 1, 2007.4 Self-Regulatory Organizations; In an effort to continue the promotion Electronic Comments International Securities Exchange, LLC; Notice of Filing and Immediate of ISE Stock, the Exchange proposes to • Use the Commission’s Internet Effectiveness of Proposed Rule extend the waiver of all execution fees comment form (http://www.sec.gov/ until April 1, 2007. Change as Modified by Amendment rules/sro.shtml); or Nos. 1 and 2 Thereto Relating to • 2. Statutory Basis Send an e-mail to rule- Cancellation Fees [email protected]. Please include File The basis under the Act for this Number SR–ISE–2007–17 on the subject March 8, 2007. proposed rule change is the requirement Pursuant to Section 19(b)(1) of the 5 line. under Section 6(b)(4) that the exchange Securities Exchange Act of 1934 Paper Comments provide for the equitable allocation of (‘‘Act’’),1 and Rule 19b–4 thereunder,2 • Send paper comments in triplicate notice is hereby given that on February 3 See Securities Exchange Act Release No. 54561 (October 2, 2006), 71 FR 59844 (October 11, 2006). to Nancy M. Morris, Secretary, 1, 2007, the International Securities 4 See Securities Exchange Act Release No. 54875 Securities and Exchange Commission, (December 5, 2006), 71 FR 74969 (December 13, 8 17 CFR 200.30–3(a)(12). 2006). 6 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78f(b)(4). 7 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.

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Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) second period are aggregated and IV. Solicitation of Comments filed with the Securities and Exchange counted as one executed order for Interested persons are invited to Commission (‘‘Commission’’) the purposes of this fee. The Exchange notes submit written data, views, and proposed rule change as described in that the level of activity in the arguments concerning the foregoing, Items I, II, and III below, which Items cancellation of orders continues to including whether the proposed rule have been substantially prepared by the remain quite large. The fee currently change is consistent with the Act. ISE. On February 13, 2007, the ISE filed charged by the Exchange is insufficient Comments may be submitted by any of Amendment No. 1 to the proposed rule to offset the cost of administering and the following methods: change. The ISE filed Amendment No. processing the large number of 2 to the proposed rule change on March cancellations on a monthly basis. The Electronic Comments 1, 2007. The ISE has filed the proposed Exchange, therefore, proposes to • Use the Commission’s Internet rule change as one establishing or increase its cancellation fee from $1.25 comment form (http://www.sec.gov/ changing a due, fee, or other charge to $1.50. This fee increase will enable rules/sro.shtml); or imposed by the Exchange under Section the ISE to recoup some of the costs of • Send an e-mail to rule- 19(b)(3)(A)(ii) of the Act 3 and Rule 19b– administering and processing cancelled [email protected]. Please include File 4(f)(2) thereunder,4 which renders the orders. No. SR–ISE–2007–10 on the subject proposal effective upon filing with the line. Commission. The Commission is 2. Statutory Basis publishing this notice to solicit The basis under the Act for this Paper Comments comments on the proposed rule change, proposed rule change is the requirement • Send paper comments in triplicate as amended, from interested persons. under Section 6(b)(4) that an exchange to Nancy M. Morris, Secretary, I. Self-Regulatory Organization’s have an equitable allocation of Securities and Exchange Commission, Statement of the Terms of Substance of reasonable dues, fees and other charges Station Place, 100 F Street, NE., the Proposed Rule Change among its members and other persons Washington, DC 20549–1090. using its facilities. All submissions should refer to File The ISE is proposing to amend its Number SR–ISE–2007–10. This file Schedule of Fees regarding its B. Self-Regulatory Organization’s number should be included on the cancellation fee. The text of the Statement on Burden on Competition subject line if e-mail is used. To help the proposed rule change is available at ISE, The proposed rule change does not Commission process and review your the Commission’s Public Reference impose any burden on competition that comments more efficiently, please use Room, and http://www.iseoptions.com. is not necessary or appropriate in only one method. The Commission will II. Self-Regulatory Organization’s furtherance of the purposes of the Act. post all comments on the Commission’s Statement of the Purpose of, and Internet Web site (http://www.sec.gov/ C. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule rules/sro.shtml). Copies of the Statement on Comments on the Change submission, all subsequent Proposed Rule Change Received From amendments, all written statements In its filing with the Commission, the Members, Participants or Others with respect to the proposed rule ISE included statements concerning the change that are filed with the purpose of, and basis for, the proposed The Exchange has not solicited, and Commission, and all written rule change and discussed any does not intend to solicit, comments on communications relating to the comments it received on the proposed this proposed rule change. The proposed rule change between the rule change. The text of these statements Exchange has not received any Commission and any person, other than may be examined at the places specified unsolicited written comments from those that may be withheld from the in Item IV below. The ISE has prepared members or other interested parties. summaries, set forth in Sections A, B, public in accordance with the III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be and C below, of the most significant Proposed Rule Change and Timing for aspects of such statements. available for inspection and copying in Commission Action the Commission’s Public Reference A. Self-Regulatory Organization’s Because the foregoing proposed rule Room. Copies of the filing also will be Statement of the Purpose of, and change establishes or changes a due, fee, available for inspection and copying at Statutory Basis for, the Proposed Rule or other charged imposed by the the principal office of the ISE. All Change Exchange, it has become effective comments received will be posted 1. Purpose pursuant to Section 19(b)(3)(A) of the without change; the Commission does Act 5 and Rule 19b–4(f)(2) 6 thereunder. not edit personal identifying The purpose of this proposed rule At any time within 60 days of the filing information from submissions. You change is to amend the ISE’s of the proposed rule change the should submit only information that cancellation fee. The Exchange Commission may summarily abrogate you wish to make available publicly. All currently has a cancellation fee of $1.25 such proposed rule change if it appears submissions should refer to File that applies to Electronic Access to the Commission that such action is Number SR–ISE–2007–10 and should be Members (‘‘EAMs’’) that cancelled at necessary or appropriate in the public submitted on or before April 6, 2007. least 500 orders in a month, for each interest, for the protection of investors, order cancellation in excess of the total For the Commission, by the Division of or otherwise in furtherance of the number of orders such member Market Regulation, pursuant to delegated purposes of the Act.7 authority.8 executed that month. Further, all orders from the same clearing EAM executed in Florence E. Harmon, the same series on the same side of the 5 15 U.S.C. 78s(b)(3)(A). Deputy Secretary. 6 market at the same price within a 30 17 CFR 19b–4(f)(2). [FR Doc. E7–4818 Filed 3–15–07; 8:45 am] 7 For purposes of calculating the sixty-day abrogation period, the Commission considers the BILLING CODE 8010–01–P 3 15 U.S.C. 78s(b)(3)(A)(ii). period to commence on March 1, 2007, the date on 4 17 CFR 240.19b–4(f)(2). which the Exchange filed Amendment No. 2. 8 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE forth in Sections A, B, and C below, of from its Brut Facility.7 By 2006, Nasdaq COMMISSION the most significant aspects of such was disseminating via TotalView, depth statements. of book data from the Nasdaq Market [Release No. 34–55445; File No. SR– Center using multiple formats and NASDAQ–2006–049] A. Self-Regulatory Organization’s multiple data feeds. Statement of the Purpose of, and Self-Regulatory Organizations; The Nasdaq proposes to integrate the Statutory Basis for, the Proposed Rule entitlement for full depth from Nasdaq NASDAQ Stock Market LLC; Notice of Change Filing of Proposed Rule Change To market participants quoting in Nasdaq Incorporate Full Depth of the Nasdaq 1. Purpose stocks with the full depth from Nasdaq Quoting of NYSE- and Amex-Listed market participants quoting in NYSE- Nasdaq currently has Commission Stocks into the TotalView Entitlement and Amex-listed stocks, resulting in a approval to offer two data entitlements and Modify the User Fee Schedule for single entitlement, to be called containing quote and order data— TotalView Data, and To Replace TotalView. This single entitlement commonly known as ‘‘depth of book’’ Nasdaq OpenView To Provide the would cost $75 per user per month for data—for Nasdaq-listed stocks and for Individual Nasdaq Market Participants’ professional users and $14 per user per NYSE/Amex-listed stocks trading on Best Bids and Offers in NYSE- and month for non-professional users, rather Nasdaq systems. The Commission Amex-Listed Stocks than the current total of $76 and $20 for approved both fees in 2002. First, TotalView and OpenView. In the case of March 12, 2007. Nasdaq received Commission approval non-professionals, there is no fee Pursuant to Section 19(b)(1) of the to disseminate a ‘‘depth of book’’ increase on account of this change, Securities Exchange Act of 1934 (the product for Nasdaq stocks called simply an increase in functionality. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 TotalView.4 TotalView originally Users that previously subscribed to the notice is hereby given that on November contained data representing all quotes TotalView and OpenView entitlements 16, 2006, The NASDAQ Stock Market and orders in Nasdaq stocks trading on separately will receive a $1 per user per LLC (‘‘Nasdaq’’) filed with the Securities Nasdaq’s SuperMontage system. The month fee decrease. Only those users and Exchange Commission Commission approved an initial that had one of the companion (‘‘Commission’’) the proposed rule TotalView fee of $150 per user per entitlements without the other would change as described in Items I, II and III month, and later approved Nasdaq’s pay more under this proposal. below, which Items have been prepared proposal to reduce the fee to $70 per Nasdaq is also proposing to distribute substantially by Nasdaq. The month for professional users and $14 the best bid and offer from each Nasdaq Commission is publishing this notice to per month for non-professional users.5 market participant quoting in NYSE- solicit comments on the proposed rule Second, also in 2002, the Commission and Amex-listed stocks in real time. As change from interested persons. approved Nasdaq’s proposal to set forth in proposed Rule 7023(c), Nasdaq proposes a $5 per user per I. Self-Regulatory Organization’s disseminate a full depth of book product for NYSE/Amex stocks. That product, month price for this product. Nasdaq Statement of the Terms of Substance of expects that most users currently the Proposed Rule Change called ‘‘OpenView,’’ contained all quotes and orders for NYSE/Amex- receiving full depth from Nasdaq in Nasdaq proposes to incorporate full listed stocks in Nasdaq’s execution NYSE- and Amex-listed stocks will depth of the Nasdaq quoting of NYSE- system.6 The Commission-approved fee continue to do so via the TotalView and Amex-listed stocks into the for OpenView was $6 per user per entitlement. However, for any TotalView entitlement and modify the month. Thus, market participants subscriber currently receiving only data user fee schedule for TotalView data. seeking to receive all Nasdaq market for NYSE- and Amex-listed stocks (i.e., Nasdaq also proposes to replace Nasdaq participant quote and order data for OpenView data), and not wishing to OpenView to provide the individual Nasdaq, NYSE, and Amex securities, receive also data for Nasdaq-listed Nasdaq Market Participants’ best bids paid two fees totaling $76 for stocks, this option allows a user to and offers in NYSE- and Amex-listed professional users and $20 for non- continue paying at the same rate stocks. professional users. schedule for user-fees that they have in The text of the proposed rule change the past. Nasdaq has augmented the TotalView is available at Nasdaq, product many times while holding the 2. Statutory Basis www.nasdaq.com, and the Commission-approved fees constant. In Commission’s Public Reference Room.3 Nasdaq believes that the proposed 2004 and 2005, Nasdaq added to rule change is consistent with the II. Self-Regulatory Organization’s TotalView all data from Nasdaq’s provisions of Section 6 of the Act,8 in Statement of the Purpose of, and opening and closing crosses. In March general, and with Section 6(b)(4) of the Statutory Basis for, the Proposed Rule of 2005, Nasdaq added to the TotalView Act,9 in particular, in that the proposed Change entitlement a separate data feed unified fee for depth data for Nasdaq, In its filing with the Commission, disseminating depth of book data in an NYSE and Amex stocks will result in a Nasdaq included statements concerning unprocessed, order-by-order format. fee decrease of $1 from the current the purpose of and basis for the Also in 2005, Nasdaq added a separate Commission-approved fees for that data. proposed rule change. The text of these data feed containing depth of book data Nasdaq will continue to make NYSE statements may be examined at the and Amex best bid and offer data places specified in Item IV below. 4 See Securities Exchange Act Release No. 46843 available separately at a reduced rate (November 18, 2002), 67 FR 70471 (November 22, Nasdaq has prepared summaries, set 2002) (SR–NASD–2002–33). from the current fee for depth of book 5 See Securities Exchange Act Release No. 48581 1 15 U.S.C. 78s(b)(1). (October 1, 2003), 68 FR 57945 (October 7, 2003) 7 See Securities Exchange Act Release No. 51862 2 17 CFR 240.19b–4. (SR–NASD–2003–111). (June 16, 2005), 70 FR 36426 (June 23, 2005) (SR– 3 Changes are marked to the rule text that appears 6 See Securities Exchange Act Release No. 46534 NASD–2005–039). in the electronic manual of Nasdaq found at (September 23, 2002), 67 FR 61368 (September 30, 8 15 U.S.C. 78f. http://www.complinet.com/nasdaq. 2002) (SR–NASD–2002–86). 9 15 U.S.C. 78f(b)(4).

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data. Nasdaq believes that this proposed $70 and $14 in response to the lack of with respect to the proposed rule rule change will encourage the broader demand by vendors and users. Vendors change that are filed with the redistribution of the Nasdaq depth of simply will only utilize the service Commission, and all written book information, thus improving unless and until they conclude that it is communications relating to the transparency and thereby benefiting the economically beneficial to them and to proposed rule change between the investing public. their users. Commission and any person, other than those that may be withheld from the B. Self-Regulatory Organization’s C. Self-Regulatory Organization’s public in accordance with the Statement on Burden on Competition Statement on Comments on the provisions of 5 U.S.C. 552, will be Nasdaq does not believe that the Proposed Rule Change Received From available for inspection and copying in proposed rule change will result in any Members, Participants or Others the Commission’s Public Reference burden on competition that is not Written comments were neither Room. Copies of such filing also will be necessary or appropriate in furtherance solicited nor received. available for inspection and copying at of the purposes of the Act, as amended. the principal office of Nasdaq. As a general matter, the Commission has III. Date of Effectiveness of the All comments received will be posted long held the view that ‘‘competition Proposed Rule Change and Timing for without change; the Commission does and innovation are essential to the Commission Action not edit personal identifying health of the securities markets. Indeed, Within 35 days of the date of information from submissions. You competition is one of the hallmarks of publication of this notice in the Federal should submit only information that the national market system.’’ 10 The Register or within such longer period (i) you wish to make available publicly. All Commission has also stated ‘‘that the as the Commission may designate up to submissions should refer to File notion of competition is inextricably 90 days of such date if it finds such Number SR–NASDAQ–2006–049 and tied with the notion of economic longer period to be appropriate and should be submitted on or before April efficiency, and the Act seeks to publishes its reasons for so finding or 6, 2007. encourage market behavior that (ii) as to which the self-regulatory For the Commission, by the Division of promotes such efficiency, lower costs, organization consents, the Commission Market Regulation, pursuant to delegated and better service in the interest of will: authority.13 11 investors and the general public. A. By order approve such proposed Florence E. Harmon, The Commission goes on to state its rule change, or Deputy Secretary. belief ‘‘that the appropriate analysis to B. Institute proceedings to determine [FR Doc. E7–4811 Filed 3–15–07; 8:45 am] determine a proposal’s competitive whether the proposed rule change BILLING CODE 8010–01–P impact is to weigh the proposal’s overall should be disapproved. benefits and costs to competition based on the particular facts involved, such as IV. Solicitation of Comments SECURITIES AND EXCHANGE examining whether the proposal would Interested persons are invited to COMMISSION promote economically efficient submit written data, views, and execution of securities and fair arguments concerning the foregoing, [Release No. 34–55444; File No. SR– competition between and among including whether the proposed rule NASDAQ–2007–006] exchange markets and other market change is consistent with the Act. Self-Regulatory Organizations; The centers, as well as fair competition Comments may be submitted by any of NASDAQ Stock Market LLC; Notice of between the participants of a particular the following methods: market.12 Filing of Proposed Rule Change To The proposed rule change is designed Electronic Comments Establish Daily Share Volume Service to increase transparency and the • Use the Commission’s Internet and Fees for the Service efficiency of executions by enabling comment form (http://www.sec.gov/ March 12, 2007. vendors to provide additional market rules/sro.shtml); or Pursuant to Section 19(b)(1) of the • data in a cost efficient manner. There is Send an e-mail to rule- Securities Exchange Act of 1934 (the significant competition for the provision [email protected]. Please include File ‘‘Act’’),1 and Rule 19b–4 thereunder,2 of market data to broker-dealers and No. SR–NASDAQ–2006–049 on the notice is hereby given that on February other market data consumers, as well as subject line. 7, 2007, The NASDAQ Stock Market competition for the orders that generate Paper Comments LLC (‘‘Nasdaq’’) filed with the Securities the data. Nasdaq fully expects its • and Exchange Commission competitors to quickly respond to this Send paper comments in triplicate (‘‘Commission’’) the proposed rule proposal as they have responded to to Nancy M. Morris, Secretary, change as described in Items I, II and III other Nasdaq data products in the past. Securities and Exchange Commission, below, which Items have been prepared Moreover, market forces have shaped Station Place, 100 F Street, NE., by Nasdaq. The Commission is the market data fees that Nasdaq has Washington, DC 20549–1090. publishing this notice to solicit All submissions should refer to File charged for this product in the past and comments on the proposed rule change Number SR–NASDAQ–2006–049. This will continue to shape those fees in the from interested persons. future. As noted above, the Commission file number should be included on the originally approved a fee of $150 for subject line if e-mail is used. To help the I. Self-Regulatory Organization’s TotalView. Nasdaq lowered that fee to Commission process and review your Statement of the Terms of Substance of comments more efficiently, please use the Proposed Rule Change 10 Securities Exchange Act Release No. 43863 only one method. The Commission will Nasdaq proposes to establish fees to (January 19, 2001), 66 FR 8020 (January 26, 2001) post all comments on the Commission’s make Nasdaq Daily Share Volume (SR–NASD–99–53). Internet Web site (http://www.sec.gov/ 11 Securities Exchange Act Release No. 54155 (July 14, 2006), 71 FR 41291, 41298 (July 20, 2006) rules/sro.shtml). Copies of the 13 17 CFR 200.30–3(a)(12). (SR–NASDAQ–2006–001). submission, all subsequent 1 15 U.S.C. 78s(b)(1). 12 Id. amendments, all written statements 2 17 CFR 240.19b–4.

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information available via a Web-based data set to create custom reports and C. Self-Regulatory Organization’s data product that will provide daily enable redistribution, but a distributor Statement on Comments on the traded share volume by issue for agreement will also be required. Proposed Rule Change Received From participating market participants on a The volume data will include trades Members, Participants or Others T+1 basis. The text of the proposed rule from the Nasdaq Execution System and Written comments were neither change is available at Nasdaq, http:// internalized prints from the Nasdaq/ solicited nor received. www.nasdaq.com, and the NASD Trade Report Facility. Nasdaq Commission’s Public Reference Room.3 proposes to charge: III. Date of Effectiveness of the • Proposed Rule Change and Timing for II. Self-Regulatory Organization’s Web subscribers $240/month for Commission Action Statement of the Purpose of, and individual access to view and print the Statutory Basis for, the Proposed Rule reports; or Within 35 days of the date of publication of this notice in the Federal Change • FTP subscribers $2,500/month for Register or within such longer period (i) FTP access to the underlying data for In its filing with the Commission, as the Commission may designate up to redistribution. Nasdaq included statements concerning 90 days of such date if it finds such the purpose of and basis for the These prices fairly reflect the value of longer period to be appropriate and proposed rule change. The text of these this data. The Service is responsive to publishes its reasons for so finding or statements may be examined at the the requests of market participants (ii) as to which the self-regulatory places specified in Item IV below. seeking an alternative to the NYSE organization consents, the Commission Nasdaq has prepared summaries, set product and other commercial products. will: forth in Sections A, B, and C below, of However, Nasdaq believes that the A. By order approve such proposed the most significant aspects of such Service is aggressively priced and that rule change, or statements. the prices of the Service are designed to B. Institute proceedings to determine A. Self-Regulatory Organization’s respond to customer demand, while whether the proposed rule change Statement of the Purpose of, and recognizing the challenge of establishing should be disapproved. a new product in the marketplace. Statutory Basis for, the Proposed Rule IV. Solicitation of Comments Change Nasdaq will provide eligible market participants with the opportunity to Interested persons are invited to 1. Purpose choose whether to advertise their trade submit written data, views, and Nasdaq proposes to establish the volume by market participant ID code arguments concerning the foregoing, Nasdaq Daily Share Volume Service and issue. Participation by eligible including whether the proposed rule (‘‘Service’’) and to establish fees for the market participants will be completely change is consistent with the Act. Service, to make information available voluntary. Comments may be submitted by any of via a Web-based data product that will the following methods: 2. Statutory Basis provide daily traded share volume by Electronic Comments issue for participating market Nasdaq believes that the proposed • Use the Commission’s Internet participants on a T+1 basis. Currently, rule change is consistent with the comment form (http://www.sec.gov/ Nasdaq provides a share volume provisions of Section 6 of the Act,4 in product on a monthly basis called the rules/sro.shtml); or general, and with Section 6(b)(4) of the • Send an e-mail to rule- NASDAQ Monthly Market Maker Share 5 Act, in particular, in that it provides for [email protected]. Please include File Volume Report. Nasdaq has received the equitable allocation of reasonable numerous requests for a comparable No. SR–NASDAQ–2007–006 on the dues, fees and other charges among subject line. daily product based on trades executed members and issuers and other persons by, or reported to, Nasdaq systems. using any facility or system which Paper Comments Vendors and other exchanges also Nasdaq operates or controls, and it does • Send paper comments in triplicate currently make daily broker volume not unfairly discriminate between to Nancy M. Morris, Secretary, reports available. Specifically, the New customers, issuers, brokers or dealers. Securities and Exchange Commission, York Stock Exchange (‘‘NYSE’’) Use of the Service is voluntary and the Station Place, 100 F Street, NE., provides a daily NYSE Broker Volume subscription fees will be imposed on all Washington, DC 20549–1090. Report based on trades reported to the purchasers equally based on the level of All submissions should refer to File NYSE. Access to the NYSE reports via service selected. The proposed fees will Number SR–NASDAQ–2007–006. This the web costs $300/month. Access to the cover the costs associated with file number should be included on the full dataset via FTP costs $3,000/month. establishing the Service, responding to subject line if e-mail is used. To help the In response to this demand, Nasdaq customer requests, configuring Nasdaq’s Commission process and review your proposes to establish the Service. The systems, programming to user comments more efficiently, please use Service will provide subscribers with specifications, and administering the only one method. The Commission will the ability to view volume reports on a Service, among other things. post all comments on the Commission’s T+1 basis. One level of service (‘‘web Internet Web site (http://www.sec.gov/ subscribers’’) will enable users to access B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the the product through a web service that Statement on Burden on Competition submission, all subsequent will allow a single subscriber to amendments, all written statements construct a variety of custom queries Nasdaq does not believe that the with respect to the proposed rule and view and print the results. Another proposed rule change will result in any change that are filed with the level of service (‘‘FTP subscribers’’) will burden on competition that is not Commission, and all written have FTP access to the full underlying necessary or appropriate in furtherance of the purposes of the Act, as amended. communications relating to the 3Changes are marked to the rule text that appears proposed rule change between the in the electronic NASDAQ Manual found at 4 15 U.S.C. 78f. Commission and any person, other than http://www.nasdaqtrader.com. 5 15 U.S.C. 78f(b)(4). those that may be withheld from the

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public in accordance with the Exchange’s Web site (http:// queue exists in CMS, IIEDS-eligible provisions of 5 U.S.C. 552, will be www.nyse.com), at the Exchange’s orders received by the Exchange are available for inspection and copying in Office of the Secretary, and at the routed to the specialist’s post through the Commission’s Public Reference Commission’s Public Reference Room. SuperDOT, along with all other orders Room. Copies of such filing also will be received by CMS, in the normal II. Self-Regulatory Organization’s available for inspection and copying at sequence in which they are received. the principal office of Nasdaq. Statement of the Purpose of, and Once an IIEDS order reaches the All comments received will be posted Statutory Basis for, the Proposed Rule specialist’s post, whether it received without change; the Commission does Change priority delivery or not in arriving there, not edit personal identifying In its filing with the Commission, the all normal Exchange market procedures, information from submissions. You NYSE included statements concerning including rules related to priority and should submit only information that the purpose of and basis for the parity, are applied in executing the you wish to make available publicly. All proposed rule change. The text of these order. submissions should refer to File statements may be examined at the The NYSE is proposing to eliminate Number SR–NASDAQ–2007–006 and places specified in Item IV below. The the functionality of IIEDS because it is should be submitted on or before April NYSE has prepared summaries, set forth no longer necessary due to systems 6, 2007. in Sections A, B, and C below, of the capacity upgrades made to CMS that the For the Commission, by the Division of most significant aspects of such Exchange has implemented over time. Market Regulation, pursuant to delegated statements. In addition, IIEDS is infrequently used, authority.6 and orders eligible for the service A. Self-Regulatory Organization’s Florence E. Harmon, represent a very small percentage of Statement of the Purpose of, and order flow received on the Exchange. Deputy Secretary. Statutory Basis for, the Proposed Rule [FR Doc. E7–4814 Filed 3–15–07; 8:45 am] Finally, the service is no longer needed Change in light of the increased speed and BILLING CODE 8010–01–P 1. Purpose efficiency of order executions that will occur as a result of the NYSE HYBRID IIEDS is an order processing service SECURITIES AND EXCHANGE MARKETSM initiative.5 that, in certain situations, provides Due to capacity increases made to COMMISSION priority delivery to the specialist’s post  CMS on an annual basis over the years, [Release No. 34–55439; File No. SR–NYSE– through SuperDOT for simple round- the Exchange rarely experiences order 2007–16] lot market orders and market GTC queues, a condition precedent for an (‘‘good ’til canceled’’) orders that are for IIEDS order to be sent to the specialist’s Self-Regulatory Organizations; New an amount up to 2,099 shares and are post ahead of another order. York Stock Exchange LLC; Notice of for the account of an individual Historically, the Exchange has Filing and Immediate Effectiveness of 3 investor as identified by the member maintained ‘‘message per second’’ Proposed Rule Change To Eliminate organization or its customer, if enabled system capacity for CMS equaling the Individual Investor Express by the member organization, entering approximately two times the highest Delivery Service the order. Market orders to buy minus, Floor-wide five-minute average message March 9, 2007. sell plus, sell short, buy or sell stop, as per second rate experienced during the Pursuant to Section 19(b)(1) of the well as limit orders are not eligible for year. Thus, for example, during 2005, Securities Exchange Act of 1934 IIEDS. In addition, a limit order that is the Exchange experienced a peak five- (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 cancelled and replaced with a market minute average message per second rate notice is hereby given that on February order when entered as a single cancel/ of 6,043, while the actual CMS system 14, 2007, the New York Stock Exchange replacement order is not eligible for capacity for year end 2005 was LLC (‘‘Exchange’’ or ‘‘NYSE’’) filed with IIEDS. IIEDS was adopted in the wake increased to handle approximately the Securities and Exchange of the 1987 market correction to enable 13,000 messages per second. Year-to- Commission (‘‘Commission’’) the retail-sized orders to avoid being year evaluation of actual message per proposed rule change as described in negatively impacted by a sudden and second rate coupled with attendant Items I, II, and III below, which Items significant influx of non-retail orders proportional increases in CMS capacity have been substantially prepared by the such as what generally happens when has enabled the Exchange to experience Exchange. The Commission is automated program trading benchmarks a statistically insignificant number of publishing this notice to solicit are reached. order queues, thereby obviating the IIEDS provides eligible orders with comment on the proposed rule change need for IIEDS. priority systematized delivery, ahead of from interested persons. The Exchange is also proposing to other orders, to the specialist’s post only eliminate IIEDS because the service is I. Self-Regulatory Organization’s when a queue of orders, which is caused seldom used by its customers; less than Statement of the Terms of Substance of by extraordinarily high levels of two-tenths of 1% (approximately .18%) the Proposed Rule Change message traffic, exists in the Common of order flow received by the Exchange The Exchange is proposing to amend Message Switch (‘‘CMS’’).4 Where no is eligible for IIEDS processing. The Exchange Rule 123B, ‘‘Exchange average number of IIEDS-eligible orders Automated Order Routing Systems,’’ by 3 The term ‘‘individual investor’’ is defined to is approximately 64,000 orders per day, parallel the concept of ‘‘natural person’’ contained eliminating the functionality of the in Section 11(a)(1)(E) of the Act, 15 U.S.C. out of approximately 35.36 million Individual Investor Express Delivery 78k(a)(1)(E), including the interpretations made by Service (‘‘IIEDS’’). The text of the the Commission pursuant to that section. to administrative inquiries, and status messages proposed rule change is available on the 4 CMS is the central communications hub back to member organizations. between member organizations and the NYSE. CMS 5 The Hybrid Market initiative was proposed in receives, validates, and passes orders and SR–NYSE–2004–05 and Amendments No. 1, 2, 3, 5, 617 CFR 200.30–3(a)(12). administrative inquiries from member organizations 6, 7, and 8 thereto, approved on March 22, 2006. 1 15 U.S.C. 78s(b)(1). to other NYSE systems, including SuperDOT. In See Securities Exchange Act Release No. 53539 2 17 CFR 240.19b–4. addition, CMS sends execution reports, responses (March 22, 2006), 71 FR 16353 (March 31, 2006).

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orders received by the Exchange per investors or the public interest; (ii) does available for inspection and copying at day. not impose any significant burden on the principal office of the Exchange. All In addition, the wider availability and competition; and (iii) does not become comments received will be posted increased speed of NYSE Direct+ operative for 30 days from the date on without change; the Commission does (‘‘Direct+’’), the Exchange’s electronic which it was filed, or such shorter time not edit personal identifying execution facility, which is being as the Commission may designate, if information from submissions. You implemented in connection with the consistent with the protection of should submit only information that Hybrid Market, should prove a investors and the public interest, the you wish to make available publicly. All beneficial substitute to those Exchange proposed rule change has become submissions should refer to File customers seeking processing for effective pursuant to Section 19(b)(3)(A) Number SR-NYSE–2007–16 and should individual investor orders similar to of the Act and Rule 19b–4(f)(6)(iii) be submitted on or before April 6, 2007. that obtained through IIEDS. The thereunder. At any time within 60 days For the Commission, by the Division of enhancements to Direct+ being of the filing of the proposed rule change, Market Regulation, pursuant to delegated introduced involve immediate the Commission may summarily authority.9 execution at the best bid and best offer abrogate such rule change if it appears Florence E. Harmon, without restrictions on order size or to the Commission that such action is Deputy Secretary. frequency to the extent of the displayed necessary or appropriate in the public [FR Doc. E7–4813 Filed 3–15–07; 8:45 am] volume associated with the bid and interest, for the protection of investors, BILLING CODE 8010–01–P offer. The speed and continued or otherwise in furtherance of the operation of electronic executions purposes of the Act. through Direct+ will also eliminate the IV. Solicitation of Comments SECURITIES AND EXCHANGE queues that developed during the COMMISSION slower, more manual execution process, Interested persons are invited to [Release No. 34–55430; File No. SR– further obviating the need for IIEDS. submit written data, views, and arguments concerning the foregoing, NYSEArca–2007–24] 2. Statutory Basis including whether the proposed rule Self-Regulatory Organizations; NYSE The Exchange believes that the change is consistent with the Act. Arca, Inc.; Notice of Filing of Proposed proposed rule change is consistent with Comments may be submitted by any of Rule Change To Waive Certain Listing the requirement under Section 6(b)(5) 6 the following methods: Fees of the Act that an Exchange have rules Electronic Comments that are designed to promote just and March 8, 2007. • equitable principles of trade, to remove Use the Commission’s Internet Pursuant to Section 19(b)(1) of the impediments to and perfect the comment form (http://www.sec.gov/ Securities Exchange Act of 1934 rules/sro.shtml); or (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 mechanism of a free and open market • and national market system, and, in Send an e-mail to rule- notice is hereby given that on February general, to protect investors and the [email protected]. Please include File 28, 2007, NYSE Arca, Inc. (‘‘NYSE public interest. No. SR–NYSE–2007–16 on the subject Arca’’ or ‘‘Exchange’’), through its line. wholly owned subsidiary, NYSE Arca B. Self-Regulatory Organization’s Paper Comments Equities, Inc., filed with the Securities Statement on Burden on Competition and Exchange Commission • Send paper comments in triplicate The Exchange does not believe that (‘‘Commission’’) the proposed rule to Nancy M. Morris, Secretary, the proposed rule change will impose change as described in Items I, II, and Securities and Exchange Commission, any burden on competition that is not III below, which Items have been 100 F Street, NE., Washington, DC necessary or appropriate in furtherance substantially prepared by the Exchange. 20549–1090. of the purposes of the Act. The Commission is publishing this All submissions should refer to File notice to solicit comment on the C. Self-Regulatory Organization’s Number SR–NYSE–2007–16. This file proposed rule change from interested Statement on Comments on the number should be included on the persons. Proposed Rule Change Received From subject line if e-mail is used. To help the Members, Participants or Others Commission process and review your I. Self-Regulatory Organization’s The Exchange has neither solicited comments more efficiently, please use Statement of the Terms of Substance of nor received written comments on the only one method. The Commission will the Proposed Rule Change proposed rule change. post all comments on the Commissions The Exchange proposes to amend its Internet Web site (http://www.sec.gov/ listing fees to provide that there shall be III. Date of Effectiveness of the rules/sro.shtml). Copies of the no initial listing fee applicable to (i) Proposed Rule Change and Timing for submission, all subsequent Any company listing upon emergence Commission Action amendments, all written statements from bankruptcy, or (ii) any company The Exchange has filed the proposed with respect to the proposed rule listing its primary class of common rule change pursuant to Section change that are filed with the stock that is not listed on a national 19(b)(3)(A) of the Act7 and Commission, and all written securities exchange but is registered subparagraph (f)(6) of Rule 19b–4 communications relating to the under the Act. thereunder.8 Because the Exchange has proposed rule change between the The text of the proposed rule change designated the foregoing proposed rule Commission and any person, other than is available on the Exchange’s Web site change as one that: (i) Does not those that may be withheld from the (http://www.nysearca.com), at the significantly affect the protection of public in accordance with the Exchange’s Office of the Secretary, and provisions of 5 U.S.C. 552, will be 6 15 U.S.C. 78f(b)(5). available for inspection and copying in 9 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78s(b)(3)(A). the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1). 8 17 CFR 240.19b–4(f)(6). Room. Copies of such filing also will be 2 17 CFR 240.19b–4.

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at the Commission’s Public Reference an initial public offering. Also, because 2. Statutory Basis Room. of the desire in bankruptcy proceedings The Exchange believes that the to ensure that creditors are paid as II. Self-Regulatory Organization’s proposed rule change is consistent with Statement of the Purpose of, and much as possible, such companies are the requirement under Section 6(b)(4) 4 Statutory Basis for, the Proposed Rule much more sensitive to the costs of the Act that an exchange have rules Change associated with listing. It is frequently that provide for the equitable allocation difficult for such companies to assess of reasonable dues, fees and other In its filing with the Commission, the what those costs are going to be until charges among its members and other Exchange included statements quite close to their emergence from concerning the purpose of and basis for persons using its facilities and the bankruptcy, as the number of shares that requirement under Section 6(b)(5) 5 of the proposed rule change and discussed will be issued (and therefore the related any comments it received on the Act that an exchange have rules that are listing fees) are a significant variable in designed to remove impediments to and proposed rule change. The text of these the negotiation of the bankruptcy statements may be examined at the perfect the mechanism of a free and settlement. As bankrupt companies face open market and a national market places specified in Item IV below. The unique challenges in the listing process Exchange has prepared summaries, set system and that are not designed to and the number of companies that will forth in Sections A, B, and C below, of permit unfair discrimination between benefit from the fee waiver will be very the most significant aspects of such issuers. In light of the unique limited, the Exchange does not believe statements. circumstances of companies emerging that the treatment this proposal would from bankruptcy and the likelihood that A. Self-Regulatory Organization’s afford to bankrupt companies many companies listing that have a Statement of the Purpose of, and constitutes an inequitable or unfairly registered class of common stock but are Statutory Basis for, the Proposed Rule discriminatory allocation of fees. not listed on another market will be Change The Exchange anticipates that a previously listed companies delisted as 1. Purpose significant percentage of potential late filers, the Exchange believes that the proposed fee waiver does not render The Exchange proposes to amend its listings of companies that have a registered class of common stock but the allocation of its listing fees listing fee schedule to provide that there inequitable or unfairly discriminatory. shall be no initial listing fee applicable that are not currently listed on a to: national securities exchange will be B. Self-Regulatory Organization’s • Any company listing following formerly listed companies that were Statement on Burden on Competition 3 delisted as a result of a failure to timely emergence from bankruptcy; or The Exchange does not believe that • file annual reports with the Any company listing its primary the proposed rule change will impose Commission. These are companies that class of common stock that is not listed any burden on competition that is not were otherwise in good standing with a on a national securities exchange but is necessary or appropriate in furtherance national securities exchange, but fell registered under the Act. of the purposes of the Act. If approved by the Commission, the behind on their reporting obligations amendments contained in this proposal under the Act because their auditors or C. Self-Regulatory Organization’s will be applied retroactively as of the the Commission required restatements Statement on Comments on the date of this filing. of their financial statements. These Proposed Rule Change Received From The proposed rule change will not companies will re-list on the Exchange Members, Participants or Others affect the Exchange’s commitment of as soon as their filings are up to date. Written comments on the proposed resources to its regulatory oversight of The Exchange believes that waiving rule change were neither solicited nor the listing process or its regulatory initial listing fees for these companies is received. programs. Specifically, companies that appropriate and does not constitute an benefit from the waivers will be inequitable or unfairly discriminatory III. Date of Effectiveness of the reviewed for compliance with Exchange allocation of fees, as such companies Proposed Rule Change and Timing for listing standards in the same manner as had previously paid initial listing fees to Commission Action any other company that applies to be the Exchange or to another national Within 35 days of the date of listed on the Exchange. The Exchange securities exchange, and to make them publication of this notice in the Federal will conduct a full and independent pay these fees again would further Register or within such longer period (i) review of each issuer’s compliance with penalize them unnecessarily. As the Commission may designate up to the Exchange’s listing standards. The Exchange does not expect the 90 days of such date if it finds such In the case of companies listing upon longer period to be appropriate and emergence from bankruptcy, the financial impact of this proposed rule change to be material, either in terms of publishes its reasons for so finding, or Exchange believes that the initial listing (ii) as to which the Exchange consents, fee waiver is justified by such increased levels of annual fees from transferring issuers or in terms of the Commission will: companies’ unique circumstances. (A) By order approve the proposed diminished initial listing fee revenues. Companies emerging from bankruptcy rule change, or are typically not raising any new capital A very limited number of companies are (B) Institute proceedings to determine at the time of listing, so the payment of qualified and seek to list on the whether the proposed rule change initial listing fees is more burdensome Exchange that are either emerging from should be disapproved. than for companies that are listing upon bankruptcy or have a registered class of common stock but are not currently IV. Solicitation of Comments 3 The Exchange interprets ‘‘listing following listed on another market. Accordingly, Interested persons are invited to emergence from bankruptcy’’ to mean that the the proposed rule change will not submit written data, views, and company lists at the same time it emerges from impact the Exchange’s resource arguments concerning the foregoing, bankruptcy. Telephone conversation between John Carey, Assistant General Counsel, NYSE, and commitment to its regulatory oversight Nathan Saunders, Special Counsel, Division of of the listing process or its regulatory 4 15 U.S.C. 78f(b)(4). Market Regulation, Commission, March 6, 2007. programs. 5 15 U.S.C. 78f(b)(5).

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including whether the proposed rule SECURITIES AND EXCHANGE concerning the purpose of and basis for change is consistent with the Act. COMMISSION the proposed rule change and discussed Comments may be submitted by any of any comments it received on the [Release No. 34–55435; File No. SR– the following methods: NYSEArca–2007–23] proposed rule change. The text of these statements may be examined at the Electronic Comments Self-Regulatory Organizations; NYSE places specified in Item IV below. NYSE • Use the Commission’s Internet Arca, Inc.; Notice of Filing and Arca has prepared summaries, set forth comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed in sections A, B, and C below, of the rules/sro.shtml); or Rule Change Amending Fees for most significant aspects of such Round-Lot Transactions in NYSE- statements. • Send an e-mail to rule- Listed Securities (Other Than ETFs) [email protected]. Please include File A. Self-Regulatory Organization’s Routed Outside the Book Number SR–NYSEArca–2007–24 on the Statement of the Purpose of, and subject line. March 9, 2007. Statutory Basis for, the Proposed Rule Change Paper Comments Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 1. Purpose • 1 2 Send paper comments in triplicate (‘‘Act’’), and Rule 19b–4 thereunder, The Exchange proposes to amend the to Nancy M. Morris, Secretary, notice is hereby given that on February section of its Fee Schedule that applies Securities and Exchange Commission, 26, 2007, NYSE Arca, Inc. (‘‘NYSE to round-lot transactions by ETP 100 F Street, NE., Washington, DC Arca’’ or ‘‘Exchange’’), through its Holders in NYSE-listed securities (other 20549–1090. wholly owned subsidiary NYSE Arca than ETFs). While changes to the Fee Equities, Inc. (‘‘NYSE Arca Equities’’), All submissions should refer to File Schedule pursuant to this proposal will filed with the Securities and Exchange be effective upon filing, the changes will Number SR–NYSEArca–2007–24. This Commission (‘‘Commission’’) the file number should be included on the become operative on March 1, 2007. proposed rule change as described in The Fee Schedule currently provides subject line if e-mail is used. To help the Items I, II, and III below, which Items Commission process and review your that ETP Holders are charged $0.001 per have been substantially prepared by share for round-lot transactions in comments more efficiently, please use NYSE Arca. NYSE Arca has filed the only one method. The Commission will NYSE-listed securities that are routed proposal pursuant to Section 19(b)(3)(A) outside the NYSE Arca Book. The post all comments on the Commission’s 3 of the Act and Rule 19b–4(f)(2) Exchange proposes to amend its Fee Internet Web site (http://www.sec.gov/ 4 thereunder, which renders the proposal Schedule to increase this fee to $0.003 rules/sro.shtml). Copies of the effective upon filing with the submission, all subsequent per share for such routed orders Commission. The Commission is executed at any away market center amendments, all written statements publishing this notice to solicit other than the NYSE. ETP Holders will with respect to the proposed rule comments on the proposed rule change continue to be charged $0.001 per share change that are filed with the from interested persons. for round-lot transactions in NYSE- Commission, and all written listed securities that are routed to, and communications relating to the I. Self-Regulatory Organization’s executed on, the NYSE. The Exchange proposed rule change between the Statement of the Terms of Substance of the Proposed Rule Change proposes to increase this fee in direct Commission and any person, other than response to the recent fee announced by those that may be withheld from the The Exchange proposes to amend the The NASDAQ Stock Market LLC public in accordance with the section of its Schedule of Fees and (‘‘Nasdaq’’) of $0.003 per share for provisions of 5 U.S.C. 552, will be Charges for Exchange Services (‘‘Fee orders that remove liquidity from the available for inspection and copying in Schedule’’) that applies to round-lot 5 Nasdaq Market Center for NYSE-, Amex- the Commission’s Public Reference transactions by ETP Holders in and regional-listed securities (excluding securities (other than exchange-traded Room. Copies of the filing also will be ETFs), effective January 1, 2007.6 funds, or ‘‘ETFs’’) listed on the New available for inspection and copying at Specifically, the Exchange proposes this York Stock Exchange LLC (‘‘NYSE’’). the principal office of the Exchange. All increase so that it may pass through to While changes to the Fee Schedule comments received will be posted its ETP Holders the increased fee that pursuant to this proposal will be without change; the Commission does Nasdaq is charging the Exchange for effective upon filing, the changes will not edit personal identifying such ETP Holders’ transactions. information from submissions. You become operative on March 1, 2007. The should submit only information that text of the proposed rule change is 2. Statutory Basis you wish to make available publicly. All available at NYSE Arca, the The Exchange believes that the submissions should refer to File Commission’s Public Reference Room, proposal is consistent with the Number SR–NYSEArca–2007–24 and and http://www.nysearca.com. provisions of Section 6(b) of the Act,7 in should be submitted on or before April II. Self-Regulatory Organization’s general, and with Section 6(b)(4) of the 6, 2007. Statement of the Purpose of, and Act,8 in particular, in that the proposal For the Commission, by the Division of Statutory Basis for, the Proposed Rule Change 6 See Securities Exchange Act Release No. 54742 Market Regulation, pursuant to delegated (November 13, 2006), 71 FR 67179 (November 20, authority.6 In its filing with the Commission, 2006) (SR–NASD–2006–122). See also Securities Florence E. Harmon, NYSE Arca included statements Exchange Act Release Nos. 54932 (December 13, 2006), 71 FR 76406 (December 20, 2006) (SR– Deputy Secretary. NASD–2006–132); 55137 (January 19, 2007), 72 FR 1 [FR Doc. E7–4786 Filed 3–15–07; 8:45 am] 15 U.S.C. 78s(b)(1). 3452 (January 25, 2007) (SR–NASDAQ–2006–068); 2 17 CFR 240.19b–4. and 55284 (February 13, 2007), 72 FR 8231 BILLING CODE 8010–01–P 3 15 U.S.C. 78s(b)(3)(A). (February 23, 2007) (SR–NASDAQ–2007–003). 4 17 CFR 240.19b–4(f)(2). 7 15 U.S.C. 78f(b). 6 17 CFR 200.30–3(a)(12). 5 See NYSE Arca Equities Rule 1.1(n). 8 15 U.S.C. 78f(b)(4).

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provides for the equitable allocation of All submissions should refer to File 19b–4 thereunder,2 a proposal to allow reasonable dues, fees, and other charges Number SR–NYSEArca–2007–23. This Archipelago Securities, L.L.C. among its members and other persons file number should be included on the (‘‘Archipelago Securities’’) to act as a using its facilities. subject line if e-mail is used. To help the marketing agent on behalf of the NYSE Commission process and review your Arca Tech 100 Index (the ‘‘Index’’) and B. Self-Regulatory Organization’s Statement on Burden on Competition comments more efficiently, please use the NYSE Arca Tech 100 ETF (the only one method. The Commission will ‘‘ETF’’) and provide reasonable services The Exchange does not believe that post all comments on the Commission’s attendant thereto. The proposed rule the proposed rule change will impose Internet Web site (http://www.sec.gov/ change was published for comment in any burden on competition that is not rules/sro.shtml). Copies of the the Federal Register on February 9, necessary or appropriate in furtherance submission, all subsequent 2007.3 The Commission received no of the purposes of the Act. amendments, all written statements comments regarding the proposal. This C. Self-Regulatory Organization’s with respect to the proposed rule order approves the proposed rule Statement on Comments on the change that are filed with the change. Commission, and all written Proposed Rule Change Received From II. Description of the Proposal Members, Participants or Others communications relating to the proposed rule change between the Archipelago Securities 4 succeeded Written comments on the proposed Commission and any person, other than Wave Securities, L.L.C. (‘‘Wave’’), rule change were neither solicited nor those that may be withheld from the which was approved by the Commission received. public in accordance with the to operate as a facility of the Exchange,5 III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be and assumed some of Wave’s duties, Proposed Rule Change and Timing for available for inspection and copying in including Wave’s function as the Commission Action the Commission’s Public Reference outbound router for the Exchange. The foregoing proposed rule change is Room. Copies of the filing also will be Pursuant to the order approving rule subject to Section 19(b)(3)(A)(ii) of the available for inspection and copying at changes proposed by the Exchange in Act 9 and subparagraph (f)(2) of Rule the principal office of NYSE Arca. All connection with the acquisition of the 19b–4 thereunder 10 because it comments received will be posted Exchange (formerly Pacific Exchange, establishes or changes a due, fee, or without change; the Commission does Inc.) by Archipelago Holdings, Inc., now other charge applicable only to a not edit personal identifying the parent company of the Exchange, member imposed by the self-regulatory information from submissions. You any expansion of the business activities organization. Accordingly, the proposal should submit only information that of Archipelago Securities must be 6 is effective upon Commission receipt of you wish to make available publicly. All approved by the Commission. the filing. At any time within 60 days submissions should refer to File NYSE Arca is now proposing to of the filing of the proposed rule change, Number SR–NYSEArca–2007–23 and expand the business activities of the Commission may summarily should be submitted on or before April Archipelago Securities to allow abrogate such rule change if it appears 6, 2007. Archipelago Securities to act as a marketing agent on behalf of the Index to the Commission that such action is For the Commission, by the Division of necessary or appropriate in the public and the ETF and provide reasonable Market Regulation, pursuant to delegated 7 interest, for the protection of investors, authority.11 services attendant thereto. In the proposal, the Exchange represents that or otherwise in furtherance of the Florence E. Harmon, purposes of the Act. as marketing agent for the Index and the Deputy Secretary. ETF, Archipelago Securities will IV. Solicitation of Comments [FR Doc. E7–4787 Filed 3–15–07; 8:45 am] develop a marketing plan designed to Interested persons are invited to BILLING CODE 8010–01–P advertise, promote, and increase public submit written data, views, and awareness of the Index and the ETF within the financial services industry arguments concerning the foregoing, SECURITIES AND EXCHANGE and investing public (‘‘Marketing including whether the proposed rule COMMISSION change is consistent with the Act. Plan’’), including: branding; Comments may be submitted by any of [Release No. 34–55442; File No. SR– promotional activities; development and the following methods: NYSEArca–2007–09] design of marketing materials, collateral

Electronic Comments Self-Regulatory Organizations; NYSE 2 17 CFR 240.19b–4. • Use the Commission’s Internet Arca, Inc.; Order Granting Approval of 3 See Securities Exchange Act Release No. 55232 comment form (http://www.sec.gov/ Proposed Rule Change Relating to the (February 2, 2007), 72 FR 6308. rules/sro.shtml); or Expansion of Business Activities of 4 Archipelago Securities is a registered broker- • dealer, a member of several self-regulatory Send an e-mail to rule- Archipelago Securities, L.L.C. organizations including the NASD, and a facility of [email protected]. Please include File the Exchange. Number SR–NYSEArca–2007–23 on the March 12, 2007. 5 See Securities Exchange Act Release No. 44983 subject line. (October 25, 2001), 66 FR 55225 (November 1, 2001) I. Introduction (SR–PCX–00–25). Paper Comments On January 25, 2007, the NYSE Arca, 6 See Securities Exchange Act Release No. 52497 • Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’) (September 22, 2005), 70 FR 56949 (September 29, Send paper comments in triplicate 2005) (SR–PCX–2005–90) (‘‘Archipelago/PCX to Nancy M. Morris, Secretary, filed with the Securities and Exchange Acquisition Release’’). Securities and Exchange Commission, Commission (‘‘Commission’’), pursuant 7 Recently, the Commission approved the 100 F Street, NE., Washington, DC to Section 19(b)(1) of the Securities expansion of the business activities of Archipelago 20549–1090. Exchange Act of 1934 (‘‘Act’’) 1 and Rule Securities to include, as a facility of the Exchange, the function of routing option orders for members of the Exchange. See Securities Exchange Act 9 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 200.30–3(a)(12). Release No. 54238 (July 28, 2006), 71 FR 44758 10 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). (August 7, 2006) (SR–NYSEArca–2006–13).

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and media campaigns (i.e., electronic SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance media, print media, Internet, etc.); and Numbers 59002 and 59008) [Disaster Declaration #10827 and #10828] hosting a Web site for the ETF. The Dated: March 12, 2007. Exchange also represents that this Arkansas Disaster #AR–00011 Steven C. Preston, proposed marketing activity has no Administrator. AGENCY: Small Business Administration. connection to Archipelago Securities’ [FR Doc. E7–4871 Filed 3–15–07; 8:45 am] ACTION: Notice. facility functions. BILLING CODE 8025–01–P III. Discussion SUMMARY: This is a notice of an Administrative declaration of a disaster After careful consideration, the for the State of Arkansas dated 03/12/ SMALL BUSINESS ADMINISTRATION Commission finds that the proposed 2007. rule change is consistent with the Incident: Heavy Rainfall, High Winds [Disaster Declaration #10826] requirements of the Act and the rules and Tornadoes. and regulations thereunder applicable to Incident Period: 02/24/2007. Washington Disaster #WA–00010 a national securities exchange 8 and, in Effective Date: 03/12/2007. Declaration of Economic Injury Physical Loan Application Deadline particular, the requirements of Section 6 AGENCY: Small Business Administration. of the Act.9 Specifically, the Date: 05/11/2007. Commission finds that the proposed Economic Injury (EIDL) Loan ACTION: Notice. rule change is consistent with Section Application Deadline Date: 12/12/2007. SUMMARY: 10 ADDRESSES: Submit completed loan This is a notice of an 6(b)(5) of the Act, which requires, Economic Injury Disaster Loan (EIDL) among other things, that the rules of a applications to: Small Business Administration, Processing and declaration for the State of Washington, national securities exchange be dated 03/12/2007. designed to promote just and equitable Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. Incident: Winter Storm. principles of trade, to remove Incident Period: 11/26/2006 through impediments to and perfect the FOR FURTHER INFORMATION CONTACT: A. 12/04/2006. mechanism of a free and open market Escobar, Office of Disaster Assistance, U.S. Small Business Administration, and a national market system, and, in Effective Date: 03/12/2007. 409 3rd Street, SW., Suite 6050, general, to protect investors and the EIDL Loan Application Deadline Date: Washington, DC 20416. public interest. The Commission finds 12/12/2007. SUPPLEMENTARY INFORMATION: that the proposed rule change also Notice is ADDRESSES: Submit completed loan hereby given that as a result of the furthers the objectives of Section applications to : Small Business Administrator’s disaster declaration, 6(b)(8) 11 of the Act in that it does not Administration, Processing and applications for disaster loans may be impose any burden on competition not Disbursement Center, 14925 Kingsport filed at the address listed above or other Road, Fort Worth, TX 76155. necessary or appropriate in furtherance locally announced locations. of the purposes of the Act. Based on the The following areas have been FOR FURTHER INFORMATION CONTACT: A. Exchange’s representation that this determined to be adversely affected by Escobar, Office of Disaster Assistance, proposed marketing activity has no the disaster: U.S. Small Business Administration, connection to Archipelago Securities’ Primary Counties: Desha 409 3rd Street, SW., Suite 6050, facility functions, the Commission Contiguous Counties: Washington, DC 20416. believes that the proposal is consistent Arkansas: Arkansas, Chicot, Drew, SUPPLEMENTARY INFORMATION: Notice is with the Act and the Archipelago/PCX Lincoln, Phillips hereby given that as a result of the Acquisition Release. Mississippi: Bolivar Administrator’s EIDL declaration, IV. Conclusion The Interest Rates are: applications for economic injury disaster loans may be filed at the It is therefore ordered, pursuant to Percent address listed above or other locally Section 19(b)(2) of the Act,12 that the announced locations. Homeowners With Credit Avail- proposed rule change (SR–NYSEArca– able Elsewhere ...... 5.750 The following areas have been 2007–09) is hereby approved. Homeowners Without Credit determined to be adversely affected by the disaster: For the Commission, by the Division of Available Elsewhere ...... 2.875 Market Regulation, pursuant to delegated Businesses With Credit Available Primary County: San Juan. Elsewhere ...... 8.000 authority.13 Businesses & Small Agricultural Contiguous Counties: No Eligible Florence E. Harmon, Cooperatives Without Credit Contiguous Counties. Deputy Secretary. Available Elsewhere ...... 4.000 The Interest Rate is: 4.000. [FR Doc. E7–4815 Filed 3–15–07; 8:45 am] Other (Including Non-Profit Orga- The number assigned to this disaster nizations) With Credit Available BILLING CODE 8010–01–P Elsewhere ...... 5.250 for economic injury is 108260. Businesses and Non-Profit Orga- The State which received an EIDL 8 In approving this proposed rule change, the nizations Without Credit Avail- Declaration # is Washington. Commission has considered the proposed rule’s able Elsewhere ...... 4.000 (Catalog of Federal Domestic Assistance impact on efficiency, competition, and capital Number 59002) formation. 15 U.S.C. 78c(f). The number assigned to this disaster Dated: March 12, 2007. 9 15 U.S.C. 78f. for physical damage is 10827 C and for 10 15 U.S.C. 78f(b)(5). economic injury is 10828 0. Steven C. Preston, 11 15 U.S.C. 78f(b)(8). The States which received an EIDL Administrator. 12 15 U.S.C. 78s(b)(2). Declaration # are Arkansas and [FR Doc. E7–4872 Filed 3–15–07; 8:45 am] 13 17 CFR 200.30–3(a)(12). Mississippi. BILLING CODE 8025–01–P

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DEPARTMENT OF STATE should arrive 15 minutes before the this Notice. Note that all comments meeting begins. received will be posted without change [Public Notice 5724] For additional information, contact to http://dms.dot.gov, including any Madelyn Marchessault, Office of personal information provided. Please Federal Advisory Committee on Management Policy, at (202) 647–0093 see the Privacy Act heading under Transformational Diplomacy Notice of or at [email protected]. Regulatory Notices. To read background Meeting Dates: March 9, 2007. documents or comments received, go to The Secretary of State’s Advisory Marguerite Coffey, http://dms.dot.gov or to Room PL–401 on the plaza level of the Nassif Building, Committee on Transformational Managing Director, Office of Management Diplomacy will meet on Wednesday, Policy, Department of State. 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m. Monday April 4, 2007, Room 7516 HST, U.S. [FR Doc. E7–4849 Filed 3–15–07; 8:45 am] through Friday, except Federal holidays. Department of State, 2201 C Street, NW., BILLING CODE 4710–01–P Washington, DC. The Committee is Docket: For access to the docket to composed of prominent Americans from read background documents or comments received, go to http:// the private sector and academia who DEPARTMENT OF TRANSPORTATION provide the Department with advice on dms.dot.gov at any time or Room PL– its worldwide management operations, Federal Motor Carrier Safety 401 on the plaza level of the Nassif including structuring, leading, and Administration Building, 400 Seventh Street, SW., managing large global enterprises, Washington, DC, between 9 a.m. and 5 communicating governmental missions [Docket No. FMCSA–2006–26601] p.m., Monday through Friday, except and policies to relevant publics, and Federal holidays. The DMS is available Qualification of Drivers; Exemption 24 hours each day, 365 days each year. better use of information technology. Applications; Diabetes The meeting will focus on draft If you want acknowledgment that we reports to the Secretary that include AGENCY: Federal Motor Carrier Safety received your comments, please include recommendations relating to Human Administration (FMCSA). a self-addressed, stamped envelope or postcard or print the acknowledgement Resources matters and Workforce and ACTION: Notice of applications for Training issues and there will be a exemptions; request for comments. page that appears after submitting presentation on Public Diplomacy. comments online. This meeting is open to the public SUMMARY: FMCSA announces receipt of Privacy Act: Anyone may search the from 8 a.m. until 10 a.m. as seating applications from 74 individuals for electronic form of all comments capacity allows. The Committee will exemptions from the prohibition against received into any of our dockets by the meet in closed session from 10:15 a.m. persons with insulin-treated diabetes name of the individual submitting the until 11:30 a.m. to receive a briefing that mellitus (ITDM) operating commercial comment (or of the person signing the includes classified information and motor vehicles (CMVs) in interstate comment, if submitted on behalf of an information related solely to the commerce. If granted, the exemptions association, business, labor union, etc.). Department’s internal personnel rules would enable these individuals with You may review the DOT’s complete and practices. It has been determined ITDM to operate CMVs in interstate Privacy Act Statement in the Federal that this portion of the meeting will be commerce. Register published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This closed to the public pursuant to Section DATES: Comments must be received on information is also available at http:// 10 (d) of the Federal Advisory or before April 16, 2007. dms.dot.gov. Committee Act and 5 U.S.C. 552b[c][1] ADDRESSES: You may submit comments and 5 U.S.C. 552b[c][2]. identified by Department of FOR FURTHER INFORMATION CONTACT: Dr. Entry to the building is controlled; to Transportation (DOT) Docket Mary D. Gunnels, Chief, Physical obtain pre-clearance for entry, members Management System (DMS) Docket Qualifications Division, (202) 366–4001, of the public (including government Number FMCSA–2006–26601 using any [email protected], FMCSA, employees and Department of State of the following methods: Department of Transportation, 400 employees) planning to attend should • Web Site: http://dmses.dot.gov. Seventh Street, SW., Room 8301, provide by no later than March 30, Follow the instructions for submitting Washington, DC 20590–0001. Office 2007, their name; place of birth and date comments on the DOT electronic docket hours are from 8:30 a.m. to 5 p.m., of birth; citizenship (country); ID site. Monday through Friday, except Federal number, i.e., U.S. government ID • Fax: 1–202–493–2251. holidays. (agency), U.S. military ID (branch), • Mail: Docket Management Facility; SUPPLEMENTARY INFORMATION: passport (country), or drivers license U.S. Department of Transportation, 400 Background number (state); professional affiliation, Seventh Street, SW., Nassif Building, address, and telephone number to Room PL–401, Washington, DC 20590– Under 49 U.S.C. 31136(e) and 31315, Carlene Roy by fax (202) 647–2524, 0001. FMCSA may grant an exemption for a 2- e-mail ([email protected]), or telephone • Hand Delivery: Room PL–401 on year period if it finds ‘‘such exemption (202) 647–0093. Members of the public the plaza level of the Nassif Building, would likely achieve a level of safety also may file a written statement with 400 Seventh Street, SW., Washington, that is equivalent to, or greater than, the the committee. DC, between 9 a.m. and 5 p.m., Monday level that would be achieved absent One of the following valid photo IDs through Friday, except Federal such exemption.’’ The statute also will be required for admittance to the Holidays. allows the Agency to renew exemptions State Department building: U.S. driver’s • Federal eRulemaking Portal: Go to at the end of the 2-year period. The 74 license, passport, or U.S. Government http://www.regulations.gov. Follow the individuals listed in this notice have agency ID. Members of the public must on-line instructions for submitting recently requested an exemption from use the ‘‘C’’ Street entrance, after going comments. the diabetes prohibition in 49 CFR through the exterior screening facilities. All submissions must include the 391.41(b)(3), which applies to drivers of Due to escorting requirements, attendees Agency name and docket number for CMVs in interstate commerce.

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Accordingly, the Agency will evaluate ophthalmologist examined him in 2006 David A. Broughton the qualifications of each applicant to and certified that he has stable Mr. Broughton, 39, has had ITDM determine whether granting the nonproliferative diabetic retinopathy. since 1991. His endocrinologist exemption will achieve the required He holds a Class A Commercial Driver’s examined him in 2006 and certified that level of safety mandated by the statute. License (CDL) from Montana. he has had no hypoglycemic reactions Qualifications of Applicants David M. Beard resulting in loss of consciousness, requiring the assistance of another Jonathon L. Apuan Mr. Beard, 35, has had ITDM since person, or resulting in impaired Mr. Apuan, age 48, has had ITDM 1996. His endocrinologist examined him cognitive function that occurred without since 2001. His endocrinologist in 2006 and certified that he has had no warning in the past 5 years; understands examined him in 2006 and certified that hypoglycemic reactions resulting in loss diabetes management and monitoring; he has had no hypoglycemic reactions of consciousness, requiring the and has stable control of his diabetes resulting in loss of consciousness, assistance of another person, or using insulin, and is able to drive a requiring the assistance of another resulting in impaired cognitive function CMV safely. Mr. Broughton meets the person, or resulting in impaired that occurred without warning in the requirements of the vision standard at cognitive function that occurred without past 5 years; understands diabetes 49 CFR 391.41(b)(10). His warning in the past 5 years; understands management and monitoring; and has ophthalmologist examined him in 2006 diabetes management and monitoring; stable control of his diabetes using and certified that he has stable and has stable control of his diabetes insulin, and is able to drive a CMV nonproliferative diabetic retinopathy. using insulin, and is able to drive a safely. Mr. Beard meets the He holds a Class D operator’s license CMV safely. Mr. Apuan meets the requirements of the vision standard at from Ohio. requirements of the vision standard at 49 CFR 391.41(b)(10). His Kelly G. Burke 49 CFR 391.41(b)(10). His optometrist ophthalmologist examined him in 2006 Mr. Burke, 50, has had ITDM since examined him in 2006 and certified that and certified that he does not have 2005. His endocrinologist examined him he does not have diabetic retinopathy. diabetic retinopathy. He holds a Class A in 2006 and certified that he has had no He holds a Class A Commercial Driver’s CDL from Colorado. hypoglycemic reactions resulting in loss License (CDL) from California. Andrew F. Behr of consciousness, requiring the Olufemi A. Aruwajoye assistance of another person, or Mr. Behr, 32, has had ITDM since Mr. Aruwajoye, 38, has had ITDM resulting in impaired cognitive function 2002. His endocrinologist examined him since 2005. His endocrinologist that occurred without warning in the in 2006 and certified that he has had no past 5 years; understands diabetes examined him in 2006 and certified that hypoglycemic reactions resulting in loss management and monitoring; and has he has had no hypoglycemic reactions stable control of his diabetes using resulting in loss of consciousness, of consciousness, requiring the insulin, and is able to drive a CMV requiring the assistance of another assistance of another person, or safely. Mr. Burke meets the person, or resulting in impaired resulting in impaired cognitive function requirements of the vision standard at cognitive function that occurred without that occurred without warning in the 49 CFR 391.41(b)(10). His warning in the past 5 years; understands past 5 years; understands diabetes ophthalmologist examined him in 2006 diabetes management and monitoring; management and monitoring; and has and certified that he does not have and has stable control of his diabetes stable control of his diabetes using insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class A using insulin, and is able to drive a CDL from Washington. CMV safely. Mr. Aruwajoye meets the safely. Mr. Behr meets the requirements requirements of the vision standard at of the vision standard at 49 CFR David R. Burton 49 CFR 391.41(b)(10). His optometrist 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that Mr. Burton, 33, has had ITDM since examined him in 2006 and certified that 1985. His endocrinologist examined him he does not have diabetic retinopathy. he does not have diabetic retinopathy. He holds a Class A CDL from Oregon. in 2006 and certified that he has had no He holds a Class E operator’s license hypoglycemic reactions resulting in loss from Missouri, which allows him to Brian C. Brainard of consciousness, requiring the drive any non-commercial combination assistance of another person, or of motor vehicles with a gross vehicle Mr. Brainard, 32, has had ITDM since resulting in impaired cognitive function weight less than 26,001 pounds. 2004. His endocrinologist examined him that occurred without warning in the in 2006 and certified that he has had no Scott D. Baroch past 5 years; understands diabetes hypoglycemic reactions resulting in loss management and monitoring; and has Mr. Baroch, 38, has had ITDM since of consciousness, requiring the stable control of his diabetes using 1981. His endocrinologist examined him assistance of another person, or insulin, and is able to drive a CMV in 2006 and certified that he has had no resulting in impaired cognitive function safely. Mr. Burton meets the hypoglycemic reactions resulting in loss that occurred without warning in the requirements of the vision standard at of consciousness, requiring the past 5 years; understands diabetes 49 CFR 391.41(b)(10). His assistance of another person, or management and monitoring; and has ophthalmologist examined him in 2006 resulting in impaired cognitive function stable control of his diabetes using and certified that he has stable that occurred without warning in the insulin, and is able to drive a CMV proliferative diabetic retinopathy. He past 5 years; understands diabetes safely. Mr. Brainard meets the holds a Class A CDL from Wyoming. management and monitoring; and has requirements of the vision standard at stable control of his diabetes using 49 CFR 391.41(b)(10). His Michael G. Cary insulin, and is able to drive a CMV ophthalmologist examined him in 2006 Mr. Cary, 49, has had ITDM since safely. Mr. Baroch meets the and certified that he does not have 1995. His endocrinologist examined him requirements of the vision standard at diabetic retinopathy. He holds a Class A in 2006 and certified that he has had no 49 CFR 391.41(b)(10). His CDL from Connecticut. hypoglycemic reactions resulting in loss

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of consciousness, requiring the stable control of his diabetes using safely. Mr. Duke meets the requirements assistance of another person, or insulin, and is able to drive a CMV of the vision standard at 49 CFR resulting in impaired cognitive function safely. Mr. Clemens meets the 391.41(b)(10). His optometrist examined that occurred without warning in the requirements of the vision standard at him in 2006 and certified that he does past 5 years; understands diabetes 49 CFR 391.41(b)(10). His not have diabetic retinopathy. He holds management and monitoring; and has ophthalmologist examined him in 2006 a Class C operator’s license from stable control of his diabetes using and certified that he has stable Georgia. insulin, and is able to drive a CMV nonproliferative diabetic retinopathy. safely. Mr. Cary meets the requirements He holds a Class A CDL from Michigan. Mark K. Eaton of the vision standard at 49 CFR Johnny W. Corbin Mr. Eaton, 34, has had ITDM since 391.41(b)(10). His ophthalmologist 2003. His endocrinologist examined him examined him in 2006 and certified that Mr. Corbin, 41, has had ITDM since in 2006 and certified that he has had no he does not have diabetic retinopathy. 2002. His endocrinologist examined him hypoglycemic reactions resulting in loss He holds a Class A CDL from in 2006 and certified that he has had no of consciousness, requiring the Minnesota. hypoglycemic reactions resulting in loss assistance of another person, or of consciousness, requiring the Esko G. Cate resulting in impaired cognitive function assistance of another person, or that occurred without warning in the Mr. Cate, 48, has had ITDM since resulting in impaired cognitive function past 5 years; understands diabetes 2005. His endocrinologist examined him that occurred without warning in the management and monitoring; and has in 2006 and certified that he has had no past 5 years; understands diabetes stable control of his diabetes using hypoglycemic reactions resulting in loss management and monitoring; and has insulin, and is able to drive a CMV of consciousness, requiring the stable control of his diabetes using safely. Mr. Eaton meets the assistance of another person, or insulin, and is able to drive a CMV requirements of the vision standard at resulting in impaired cognitive function safely. Mr. Corbin meets the 49 CFR 391.41(b)(10). His that occurred without warning in the requirements of the vision standard at ophthalmologist examined him in 2006 past 5 years; understands diabetes 49 CFR 391.41(b)(10). His and certified that he does not have management and monitoring; and has ophthalmologist examined him in 2006 diabetic retinopathy. He holds a Class A stable control of his diabetes using and certified that he has stable CDL from Minnesota. insulin, and is able to drive a CMV nonproliferative diabetic retinopathy. safely. Mr. Cate meets the requirements He holds a Class A CDL from Kentucky. Chad L. Erickson of the vision standard at 49 CFR Mark T. Cousins Mr. Erickson, 31, has had ITDM since 391.41(b)(10). His ophthalmologist 2006. His endocrinologist examined him examined him in 2006 and certified that Mr. Cousins, 44, has had ITDM since in 2006 and certified that he has had no he does not have diabetic retinopathy. 1969. His endocrinologist examined him hypoglycemic reactions resulting in loss He holds a Class A CDL from in 2006 and certified that he has had no of consciousness, requiring the Washington. hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or Richard I. Chandler assistance of another person, or resulting in impaired cognitive function Mr. Chandler, 51, has had ITDM since resulting in impaired cognitive function that occurred without warning in the 2001. His endocrinologist examined him that occurred without warning in the past 5 years; understands diabetes in 2006 and certified that he has had no past 5 years; understands diabetes management and monitoring; and has hypoglycemic reactions resulting in loss management and monitoring; and has stable control of his diabetes using of consciousness, requiring the stable control of his diabetes using insulin, and is able to drive a CMV assistance of another person, or insulin, and is able to drive a CMV safely. Mr. Erickson meets the resulting in impaired cognitive function safely. Mr. Cousins meets the requirements of the vision standard at that occurred without warning in the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist past 5 years; understands diabetes 49 CFR 391.41(b)(10). His examined him in 2006 and certified that management and monitoring; and has ophthalmologist examined him in 2007 he does not have diabetic retinopathy. stable control of his diabetes using and certified that he has stable He holds a Class A CDL from insulin, and is able to drive a CMV proliferate diabetic retinopathy. He Washington. safely. Mr. Chandler meets the holds a Class E operator’s license from David E. Farvour requirements of the vision standard at South Carolina, which allows him to 49 CFR 391.41(b)(10). His optometrist drive single unit vehicles exceeding Mr. Farvour, 30, has had ITDM since examined him in 2006 and certified that 26,000 pounds in gross weight, except 1989. His endocrinologist examined him he does not have diabetic retinopathy. motorcycles. in 2006 and certified that he has had no He holds a Class A CDL from South hypoglycemic reactions resulting in loss Emory B. Duke Carolina. of consciousness, requiring the Mr. Duke, 26, has had ITDM since assistance of another person, or Stephen R. Clemens 1991. His endocrinologist examined him resulting in impaired cognitive function Mr. Clemens, 46, has had ITDM since in 2006 and certified that he has had no that occurred without warning in the 1999. His endocrinologist examined him hypoglycemic reactions resulting in loss past 5 years; understands diabetes in 2006 and certified that he has had no of consciousness, requiring the management and monitoring; and has hypoglycemic reactions resulting in loss assistance of another person, or stable control of his diabetes using of consciousness, requiring the resulting in impaired cognitive function insulin, and is able to drive a CMV assistance of another person, or that occurred without warning in the safely. Mr. Farvour meets the resulting in impaired cognitive function past 5 years; understands diabetes requirements of the vision standard at that occurred without warning in the management and monitoring; and has 49 CFR 391.41(b)(10). His past 5 years; understands diabetes stable control of his diabetes using ophthalmologist examined him in 2006 management and monitoring; and has insulin, and is able to drive a CMV and certified that he does not have

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diabetic retinopathy. He holds a Class A in 2006 and certified that he has had no resulting in loss of consciousness, CDL from Washington. hypoglycemic reactions resulting in loss requiring the assistance of another of consciousness, requiring the person, or resulting in impaired Brian A. Foss assistance of another person, or cognitive function that occurred without Mr. Foss, 30, has had ITDM since resulting in impaired cognitive function warning in the past 5 years; understands 1982. His endocrinologist examined him that occurred without warning in the diabetes management and monitoring; in 2006 and certified that he has had no past 5 years; understands diabetes and has stable control of his diabetes hypoglycemic reactions resulting in loss management and monitoring; and has using insulin, and is able to drive a of consciousness, requiring the stable control of his diabetes using CMV safely. Mr. Harrelson meets the assistance of another person, or insulin, and is able to drive a CMV requirements of the vision standard at resulting in impaired cognitive function safely. Mr. Gladu meets the 49 CFR 391.41(b)(10). His optometrist that occurred without warning in the requirements of the vision standard at examined him in 2006 and certified that past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist he does not have diabetic retinopathy. management and monitoring; and has examined him in 2006 and certified that He holds a Class A CDL from North stable control of his diabetes using he does not have diabetic retinopathy. Carolina. insulin, and is able to drive a CMV He holds a Class A CDL from Maine. Allan R. Harrison safely. Mr. Foss meets the requirements William H. Grambusch of the vision standard at 49 CFR Mr. Harrison, 58, has had ITDM since 391.41(b)(10). His ophthalmologist Mr. Grambusch, 46, has had ITDM 2001. His endocrinologist examined him examined him in 2007 and certified that since 2002. His endocrinologist in 2006 and certified that he has had no he has stable nonproliferative diabetic examined him in 2006 and certified that hypoglycemic reactions resulting in loss retinopathy. He holds a Class C he has had no hypoglycemic reactions of consciousness, requiring the operator’s license from Wyoming. resulting in loss of consciousness, assistance of another person, or requiring the assistance of another resulting in impaired cognitive function Manuel A. Garcia person, or resulting in impaired that occurred without warning in the Mr. Garcia, 51, has had ITDM since cognitive function that occurred without past 5 years; understands diabetes 2004. His endocrinologist examined him warning in the past 5 years; understands management and monitoring; and has in 2006 and certified that he has had no diabetes management and monitoring; stable control of his diabetes using hypoglycemic reactions resulting in loss and has stable control of his diabetes insulin, and is able to drive a CMV of consciousness, requiring the using insulin, and is able to drive a safely. Mr. Harrison meets the assistance of another person, or CMV safely. Mr. Grambusch meets the requirements of the vision standard at resulting in impaired cognitive function requirements of the vision standard at 49 CFR 391.41(b)(10). His that occurred without warning in the 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 past 5 years; understands diabetes ophthalmologist examined him in 2006 and certified that he has stable management and monitoring; and has and certified that he does not have nonproliferative diabetic retinopathy. stable control of his diabetes using diabetic retinopathy. He holds a Class 3 He holds a Class A CDL from insulin, and is able to drive a CMV license from Hawaii, which allows him Washington. safely. Mr. Garcia meets the to drive passenger vehicles of any gross Kendal B. Heath requirements of the vision standard at vehicle weight, buses designed to 49 CFR 391.41(b)(10). His transport 15 or fewer occupants, and Mr. Heath, 49, has had ITDM since ophthalmologist examined him in 2006 trucks/vans weighing 15,000 lbs gross 2004. His endocrinologist examined him and certified that he has stable vehicle weight or less. in 2006 and certified that he has had no nonproliferative diabetic retinopathy. hypoglycemic reactions resulting in loss Michael J. Guido He holds a Class B CDL from Illinois. of consciousness, requiring the Mr. Guido, 19, has had ITDM since assistance of another person, or Marcus B. Garris 2002. His endocrinologist examined him resulting in impaired cognitive function Mr. Garris, 42, has had ITDM since in 2006 and certified that he has had no that occurred without warning in the 1976. His endocrinologist examined him hypoglycemic reactions resulting in loss past 5 years; understands diabetes in 2006 and certified that he has had no of consciousness, requiring the management and monitoring; and has hypoglycemic reactions resulting in loss assistance of another person, or stable control of his diabetes using of consciousness, requiring the resulting in impaired cognitive function insulin, and is able to drive a CMV assistance of another person, or that occurred without warning in the safely. Mr. Heath meets the resulting in impaired cognitive function past 5 years; understands diabetes requirements of the vision standard at that occurred without warning in the management and monitoring; and has 49 CFR 391.41(b)(10). His past 5 years; understands diabetes stable control of his diabetes using ophthalmologist examined him in 2006 management and monitoring; and has insulin, and is able to drive a CMV and certified that he has stable stable control of his diabetes using safely. Mr. Guido meets the nonproliferative diabetic retinopathy. insulin, and is able to drive a CMV requirements of the vision standard at He holds a Class A CDL from North safely. Mr. Garris meets the 49 CFR 391.41(b)(10). His optometrist Carolina. requirements of the vision standard at examined him in 2006 and certified that Randy A. Hicks 49 CFR 391.41(b)(10). His optometrist he does not have diabetic retinopathy. examined him in 2006 and certified that He holds a Class D operator’s license Mr. Hicks, 42, has had ITDM since he does not have diabetic retinopathy. from Ohio. 1973. His endocrinologist examined him He holds a Class D operator’s license in 2006 and certified that he has had no Kenneth M. Harrelson from Connecticut. hypoglycemic reactions resulting in loss Mr. Harrelson, 44, has had ITDM of consciousness, requiring the John M. Gladu, Sr. since 2001. His endocrinologist assistance of another person, or Mr. Gladu, 54, has had ITDM since examined him in 2006 and certified that resulting in impaired cognitive function 2002. His endocrinologist examined him he has had no hypoglycemic reactions that occurred without warning in the

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past 5 years; understands diabetes safely. Mr. Janczak meets the He holds a Class A CDL from West management and monitoring; and has requirements of the vision standard at Virginia. stable control of his diabetes using 49 CFR 391.41(b)(10). His optometrist Robbie L. Jones insulin, and is able to drive a CMV examined him in 2006 and certified that safely. Mr. Hicks meets the he does not have diabetic retinopathy. Mr. Jones, 58, has had ITDM since requirements of the vision standard at He holds a Class B CDL from 2006. His endocrinologist examined him 49 CFR 391.41(b)(10). His Washington. in 2006 and certified that he has had no ophthalmologist examined him in 2006 hypoglycemic reactions resulting in loss and certified that he has stable Thomas E. Jannicelli of consciousness, requiring the nonproliferative diabetic retinopathy. Mr. Jannicelli, 26, has had ITDM since assistance of another person, or He holds a Class A CDL from Kentucky. 2006. His endocrinologist examined him resulting in impaired cognitive function that occurred without warning in the Cameron D. Hubbard in 2006 and certified that he has had no hypoglycemic reactions resulting in loss past 5 years; understands diabetes Mr. Hubbard, 18, has had ITDM since of consciousness, requiring the management and monitoring; and has 2005. His endocrinologist examined him assistance of another person, or stable control of his diabetes using in 2006 and certified that he has had no resulting in impaired cognitive function insulin, and is able to drive a CMV hypoglycemic reactions resulting in loss that occurred without warning in the safely. Mr. Jones meets the requirements of consciousness, requiring the past 5 years; understands diabetes of the vision standard at 49 CFR assistance of another person, or management and monitoring; and has 391.41(b)(10). His optometrist examined resulting in impaired cognitive function stable control of his diabetes using him in 2006 and certified that he does that occurred without warning in the insulin, and is able to drive a CMV not have diabetic retinopathy. He holds past 5 years; understands diabetes safely. Mr. Jannicelli meets the a Class A CDL from Indiana. management and monitoring; and has requirements of the vision standard at stable control of his diabetes using Lucas J. Jordon 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV Mr. Jordon, 26, has had ITDM since ophthalmologist examined him in 2006 safely. Mr. Hubbard meets the 1998. His endocrinologist examined him and certified that he does not have requirements of the vision standard at in 2006 and certified that he has had no diabetic retinopathy. He holds a Class B 49 CFR 391.41(b)(10). His optometrist hypoglycemic reactions resulting in loss CDL from New York. examined him in 2006 and certified that of consciousness, requiring the he does not have diabetic retinopathy. Curtis L. Jewett assistance of another person, or He holds an operator’s license from resulting in impaired cognitive function Mr. Jewett, 50, has had ITDM since Virginia. that occurred without warning in the 1974. His endocrinologist examined him past 5 years; understands diabetes Jon D. Huntsinger in 2006 and certified that he has had no management and monitoring; and has hypoglycemic reactions resulting in loss Mr. Huntsinger, 44, has had ITDM stable control of his diabetes using of consciousness, requiring the since 1975. His endocrinologist insulin, and is able to drive a CMV assistance of another person, or examined him in 2006 and certified that safely. Mr. Jordon meets the resulting in impaired cognitive function he has had no hypoglycemic reactions requirements of the vision standard at that occurred without warning in the resulting in loss of consciousness, 49 CFR 391.41(b)(10). His optometrist past 5 years; understands diabetes requiring the assistance of another examined him in 2006 and certified that management and monitoring; and has person, or resulting in impaired he does not have diabetic retinopathy. stable control of his diabetes using cognitive function that occurred without He holds a Class D operator’s license insulin, and is able to drive a CMV warning in the past 5 years; understands from Florida. diabetes management and monitoring; safely. Mr. Jewett meets the and has stable control of his diabetes requirements of the vision standard at Murl R. Kimmel using insulin, and is able to drive a 49 CFR 391.41(b)(10). His Mr. Kimmel, 40, has had ITDM since CMV safely. Mr. Huntsinger meets the ophthalmologist examined him in 2006 1999. His endocrinologist examined him requirements of the vision standard at and certified that he has stable in 2006 and certified that he has had no 49 CFR 391.41(b)(10). His nonproliferative diabetic retinopathy. hypoglycemic reactions resulting in loss ophthalmologist examined him in 2006 He holds a Class A CDL from Maine. of consciousness, requiring the and certified that he has stable Mark W. Johnson assistance of another person, or nonproliferative diabetic retinopathy. resulting in impaired cognitive function He holds a Class 1 operator’s license Mr. Johnson, 42, has had ITDM since that occurred without warning in the from South Dakota, which allows him to 1992. His endocrinologist examined him past 5 years; understands diabetes drive cars and light weight trucks. in 2006 and certified that he has had no management and monitoring; and has hypoglycemic reactions resulting in loss stable control of his diabetes using Kirk J. Janczak of consciousness, requiring the insulin, and is able to drive a CMV Mr. Janczak, 57, has had ITDM since assistance of another person, or safely. Mr. Kimmel meets the 2005. His endocrinologist examined him resulting in impaired cognitive function requirements of the vision standard at in 2006 and certified that he has had no that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist hypoglycemic reactions resulting in loss past 5 years; understands diabetes examined him in 2006 and certified that of consciousness, requiring the management and monitoring; and has he does not have diabetic retinopathy. assistance of another person, or stable control of his diabetes using He holds a Class A CDL from Illinois. resulting in impaired cognitive function insulin, and is able to drive a CMV that occurred without warning in the safely. Mr. Johnson meets the Michael D. Landon, II past 5 years; understands diabetes requirements of the vision standard at Mr. Landon, 22, has had ITDM since management and monitoring; and has 49 CFR 391.41(b)(10). His optometrist 1990. His endocrinologist examined him stable control of his diabetes using examined him in 2007 and certified that in 2006 and certified that he has had no insulin, and is able to drive a CMV he does not have diabetic retinopathy. hypoglycemic reactions resulting in loss

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of consciousness, requiring the past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist assistance of another person, or management and monitoring; and has examined him in 2006 and certified that resulting in impaired cognitive function stable control of his diabetes using he does not have diabetic retinopathy. that occurred without warning in the insulin, and is able to drive a CMV He holds a Class A CDL from past 5 years; understands diabetes safely. Mr. Loucks meets the Pennsylvania. management and monitoring; and has requirements of the vision standard at stable control of his diabetes using 49 CFR 391.41(b)(10). His Kenneth C. Michael insulin, and is able to drive a CMV ophthalmologist examined him in 2006 Mr. Michael, 51, has had ITDM since safely. Mr. Landon meets the and certified that he does not have 1997. His endocrinologist examined him requirements of the vision standard at diabetic retinopathy. He holds a Class B in 2006 and certified that he has had no 49 CFR 391.41(b)(10). His CDL from Florida. hypoglycemic reactions resulting in loss ophthalmologist examined him in 2006 Jesse J. Louris of consciousness, requiring the and certified that he has stable assistance of another person, or nonproliferative diabetic retinopathy. Mr. Louris, 23, has had ITDM since resulting in impaired cognitive function He holds a Class C operator’s license 1997. His endocrinologist examined him that occurred without warning in the from California. in 2006 and certified that he has had no past 5 years; understands diabetes hypoglycemic reactions resulting in loss Patrick B. Lavespere management and monitoring; and has of consciousness, requiring the stable control of his diabetes using Mr. Lavespere, 45, has had ITDM assistance of another person, or insulin, and is able to drive a CMV since 2006. His endocrinologist resulting in impaired cognitive function safely. Mr. Michael meets the examined him in 2006 and certified that that occurred without warning in the requirements of the vision standard at he has had no hypoglycemic reactions past 5 years; understands diabetes 49 CFR 391.41(b)(10). His resulting in loss of consciousness, management and monitoring; and has ophthalmologist examined him in 2006 requiring the assistance of another stable control of his diabetes using and certified that he has stable person, or resulting in impaired insulin, and is able to drive a CMV nonproliferative diabetic retinopathy. cognitive function that occurred without safely. Mr. Louris meets the He holds a Class C operator’s license warning in the past 5 years; understands requirements of the vision standard at from Texas. diabetes management and monitoring; 49 CFR 391.41(b)(10). His optometrist and has stable control of his diabetes examined him in 2006 and certified that David W. Mills using insulin, and is able to drive a he does not have diabetic retinopathy. Mr. Mills, 28, has had ITDM since CMV safely. Mr. Lavespere meets the He holds a Class D operator’s license 2004. His endocrinologist examined him requirements of the vision standard at from Minnesota. in 2006 and certified that he has had no 49 CFR 391.41(b)(10). His Michael G. McIntosh hypoglycemic reactions resulting in loss ophthalmologist examined him in 2006 of consciousness, requiring the and certified that he has stable Mr. McIntosh, 48, has had ITDM since assistance of another person, or nonproliferative diabetic retinopathy. 1992. His endocrinologist examined him resulting in impaired cognitive function He holds a Class C operator’s license in 2006 and certified that he has had no that occurred without warning in the from California. hypoglycemic reactions resulting in loss of consciousness, requiring the past 5 years; understands diabetes Aaron W. Lawrence assistance of another person, or management and monitoring; and has Mr. Lawrence, 27, has had ITDM resulting in impaired cognitive function stable control of his diabetes using since 2000. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV examined him in 2006 and certified that past 5 years; understands diabetes safely. Mr. Mills meets the requirements he has had no hypoglycemic reactions management and monitoring; and has of the vision standard at 49 CFR resulting in loss of consciousness, stable control of his diabetes using 391.41(b)(10). His optometrist examined requiring the assistance of another insulin, and is able to drive a CMV him in 2006 and certified that he does person, or resulting in impaired safely. Mr. McIntosh meets the not have diabetic retinopathy. He holds cognitive function that occurred without requirements of the vision standard at a Class A CDL from Idaho. warning in the past 5 years; understands 49 CFR 391.41(b)(10). His Ellis E. Murdock diabetes management and monitoring; ophthalmologist examined him in 2006 and has stable control of his diabetes and certified that he does not have Mr. Murdock, 43, has had ITDM since using insulin, and is able to drive a diabetic retinopathy. He holds a Class A 1985. His endocrinologist examined him CMV safely. Mr. Lawrence meets the CDL from Washington. in 2006 and certified that he has had no requirements of the vision standard at hypoglycemic reactions resulting in loss Gordon L. Mattocks 49 CFR 391.41(b)(10). His optometrist of consciousness, requiring the examined him in 2006 and certified that Mr. Mattocks, 60, has had ITDM since assistance of another person, or he does not have diabetic retinopathy. 2006. His endocrinologist examined him resulting in impaired cognitive function He holds a Class C operator’s license in 2006 and certified that he has had no that occurred without warning in the from California. hypoglycemic reactions resulting in loss past 5 years; understands diabetes of consciousness, requiring the management and monitoring; and has Scott W. Loucks assistance of another person, or stable control of his diabetes using Mr. Loucks, 47, has had ITDM since resulting in impaired cognitive function insulin, and is able to drive a CMV 2005. His endocrinologist examined him that occurred without warning in the safely. Mr. Murdock meets the in 2006 and certified that he has had no past 5 years; understands diabetes requirements of the vision standard at hypoglycemic reactions resulting in loss management and monitoring; and has 49 CFR 391.41(b)(10). His of consciousness, requiring the stable control of his diabetes using ophthalmologist examined him in 2006 assistance of another person, or insulin, and is able to drive a CMV and certified that he has stable resulting in impaired cognitive function safely. Mr. Mattocks meets the proliferative diabetic retinopathy. He that occurred without warning in the requirements of the vision standard at holds a Class A CDL from Montana.

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Mark E. Murphy of consciousness, requiring the stable control of his diabetes using Mr. Murphy, 42, has had ITDM since assistance of another person, or insulin, and is able to drive a CMV 1980. His endocrinologist examined him resulting in impaired cognitive function safely. Mr. Pitts meets the requirements in 2006 and certified that he has had no that occurred without warning in the of the vision standard at 49 CFR hypoglycemic reactions resulting in loss past 5 years; understands diabetes 391.41(b)(10). His optometrist examined of consciousness, requiring the management and monitoring; and has him in 2006 and certified that he does assistance of another person, or stable control of his diabetes using not have diabetic retinopathy. He holds resulting in impaired cognitive function insulin, and is able to drive a CMV a Class A CDL from Minnesota. safely. Mr. Neeman meets the that occurred without warning in the Kurt L. Podjaski past 5 years; understands diabetes requirements of the vision standard at management and monitoring; and has 49 CFR 391.41(b)(10). His optometrist Mr. Podjaski, 43, has had ITDM since stable control of his diabetes using examined him in 2006 and certified that 2001. His endocrinologist examined him insulin, and is able to drive a CMV he does not have diabetic retinopathy. in 2006 and certified that he has had no safely. Mr. Murphy meets the He holds a Class B CDL from Minnesota. hypoglycemic reactions resulting in loss requirements of the vision standard at Danny E. Norment of consciousness, requiring the 49 CFR 391.41(b)(10). His assistance of another person, or Mr. Norment, 41, has had ITDM since ophthalmologist examined him in 2006 resulting in impaired cognitive function 2006. His endocrinologist examined him and certified that he has stable that occurred without warning in the in 2006 and certified that he has had no proliferative diabetic retinopathy. He past 5 years; understands diabetes hypoglycemic reactions resulting in loss holds a Class E driver’s license from management and monitoring; and has of consciousness, requiring the West Virginia. stable control of his diabetes using assistance of another person, or insulin, and is able to drive a CMV Daniel D. Neale resulting in impaired cognitive function safely. Mr. Podjaski meets the that occurred without warning in the Mr. Neale, 30, has had ITDM since requirements of the vision standard at past 5 years; understands diabetes 1978. His endocrinologist examined him 49 CFR 391.41(b)(10). His optometrist management and monitoring; and has in 2006 and certified that he has had no examined him in 2006 and certified that stable control of his diabetes using hypoglycemic reactions resulting in loss he does not have diabetic retinopathy. insulin, and is able to drive a CMV of consciousness, requiring the He holds a Class A CDL from safely. Mr. Norment meets the assistance of another person, or Wisconsin. resulting in impaired cognitive function requirements of the vision standard at that occurred without warning in the 49 CFR 391.41(b)(10). His Lee M. Powell ophthalmologist examined him in 2006 past 5 years; understands diabetes Mr. Powell, 33, has had ITDM since and certified that he does not have management and monitoring; and has 1988. His endocrinologist examined him diabetic retinopathy. He holds a Class A stable control of his diabetes using in 2006 and certified that he has had no CDL from Tennessee. insulin, and is able to drive a CMV hypoglycemic reactions resulting in loss safely. Mr. Neale meets the Marvin H. Patterson of consciousness, requiring the requirements of the vision standard at assistance of another person, or 49 CFR 391.41(b)(10). His optometrist Mr. Patterson, 33, has had ITDM since 2003. His endocrinologist examined him resulting in impaired cognitive function examined him in 2006 and certified that that occurred without warning in the he does not have diabetic retinopathy. in 2006 and certified that he has had no hypoglycemic reactions resulting in loss past 5 years; understands diabetes He holds a Class C operator’s license management and monitoring; and has from California. of consciousness, requiring the assistance of another person, or stable control of his diabetes using Judith A. Neel resulting in impaired cognitive function insulin, and is able to drive a CMV Ms. Neel, 65, has had ITDM since that occurred without warning in the safely. Mr. Powell meets the 2005. Her endocrinologist examined her past 5 years; understands diabetes requirements of the vision standard at in 2006 and certified that she has had management and monitoring; and has 49 CFR 391.41(b)(10). His optometrist no hypoglycemic reactions resulting in stable control of his diabetes using examined him in 2006 and certified that loss of consciousness, requiring the insulin, and is able to drive a CMV he does not have diabetic retinopathy. assistance of another person, or safely. Mr. Patterson meets the He holds a Class A CDL from Virginia. resulting in impaired cognitive function requirements of the vision standard at Samuel N. Prindle that occurred without warning in the 49 CFR 391.41(b)(10). His past 5 years; understands diabetes ophthalmologist examined him in 2006 Mr. Prindle, 39, has had ITDM since management and monitoring; and has and certified that he has stable 1994. His endocrinologist examined him stable control of her diabetes using nonproliferative diabetic retinopathy. in 2006 and certified that he has had no insulin, and is able to drive a CMV He holds a Class A CDL from South hypoglycemic reactions resulting in loss safely. Ms. Neel meets the requirements Carolina. of consciousness, requiring the of the vision standard at 49 CFR assistance of another person, or John H. Pitts 391.41(b)(10). Her ophthalmologist resulting in impaired cognitive function examined her in 2006 and certified that Mr. Pitts, 50, has had ITDM since that occurred without warning in the she has stable nonproliferative diabetic 1985. His endocrinologist examined him past 5 years; understands diabetes retinopathy. She holds a Class B CDL in 2006 and certified that he has had no management and monitoring; and has from Indiana. hypoglycemic reactions resulting in loss stable control of his diabetes using of consciousness, requiring the insulin, and is able to drive a CMV Richard J. Neeman assistance of another person, or safely. Mr. Prindle meets the Mr. Neeman, 57, has had ITDM since resulting in impaired cognitive function requirements of the vision standard at 2001. His endocrinologist examined him that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist in 2006 and certified that he has had no past 5 years; understands diabetes examined him in 2006 and certified that hypoglycemic reactions resulting in loss management and monitoring; and has he does not have diabetic retinopathy.

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He holds a Class D operator’s license Bruce G. Scheffert person, or resulting in impaired from Illinois. Mr. Scheffert, 44, has had ITDM since cognitive function that occurred without warning in the past 5 years; understands Ronald R. Reineke 1989. His endocrinologist examined him in 2006 and certified that he has had no diabetes management and monitoring; Mr. Reineke, 67, has had ITDM since hypoglycemic reactions resulting in loss and has stable control of his diabetes 1997. His endocrinologist examined him of consciousness, requiring the using insulin, and is able to drive a in 2006 and certified that he has had no assistance of another person, or CMV safely. Mr. Strickland meets the hypoglycemic reactions resulting in loss resulting in impaired cognitive function requirements of the vision standard at of consciousness, requiring the that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist assistance of another person, or past 5 years; understands diabetes examined him in 2007 and certified that resulting in impaired cognitive function management and monitoring; and has he does not have diabetic retinopathy. that occurred without warning in the stable control of his diabetes using He holds a Class B CDL from New York. past 5 years; understands diabetes insulin, and is able to drive a CMV John R. Thomas management and monitoring; and has safely. Mr. Scheffert meets the Mr. Thomas, 40, has had ITDM since stable control of his diabetes using requirements of the vision standard at 1990. His endocrinologist examined him insulin, and is able to drive a CMV 49 CFR 391.41(b)(10). His in 2006 and certified that he has had no safely. Mr. Reineke meets the ophthalmologist examined him in 2006 hypoglycemic reactions resulting in loss requirements of the vision standard at and certified that he does not have of consciousness, requiring the 49 CFR 391.41(b)(10). His optometrist diabetic retinopathy. He holds a Class B assistance of another person, or examined him in 2006 and certified that CDL from Iowa. he does not have diabetic retinopathy. resulting in impaired cognitive function Carl W. Smith that occurred without warning in the He holds a Class A CDL from past 5 years; understands diabetes Wisconsin. Mr. Smith, 40, has had ITDM since 1978. His endocrinologist examined him management and monitoring; and has Marks W. Sadowski in 2006 and certified that he has had no stable control of his diabetes using insulin, and is able to drive a CMV Mr. Sadowski, 45, has had ITDM hypoglycemic reactions resulting in loss safely. Mr. Thomas meets the since 1991. His endocrinologist of consciousness, requiring the requirements of the vision standard at examined him in 2006 and certified that assistance of another person, or 49 CFR 391.41(b)(10). His he has had no hypoglycemic reactions resulting in impaired cognitive function ophthalmologist examined him in 2006 resulting in loss of consciousness, that occurred without warning in the and certified that he has stable requiring the assistance of another past 5 years; understands diabetes nonproliferative diabetic retinopathy. person, or resulting in impaired management and monitoring; and has cognitive function that occurred without stable control of his diabetes using Everett Tolbert insulin, and is able to drive a CMV warning in the past 5 years; understands Mr. Tolbert, 61, has had ITDM since diabetes management and monitoring; safely. Mr. Smith meets the requirements of the vision standard at 2004. His endocrinologist examined him and has stable control of his diabetes in 2006 and certified that he has had no using insulin, and is able to drive a 49 CFR 391.41(b)(10). His optometrist examined him in 2006 and certified that hypoglycemic reactions resulting in loss CMV safely. Mr. Sadowski meets the of consciousness, requiring the requirements of the vision standard at he does not have diabetic retinopathy. He holds a Class A CDL from Virginia. assistance of another person, or 49 CFR 391.41(b)(10). His resulting in impaired cognitive function ophthalmologist examined him in 2006 Theodore M. Smith that occurred without warning in the and certified that he does not have Mr. Smith, 46, has had ITDM since past 5 years; understands diabetes diabetic retinopathy. He holds an 1983. His endocrinologist examined him management and monitoring; and has operator’s license from Indiana, which in 2006 and certified that he has had no stable control of his diabetes using allows him to drive any vehicle with a hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV gross vehicle weight rating of 16,000 of consciousness, requiring the safely. Mr. Tolbert meets the pounds or more. assistance of another person, or requirements of the vision standard at Thomas M. Sandahl resulting in impaired cognitive function 49 CFR 391.41(b)(10). His that occurred without warning in the ophthalmologist examined him in 2006 Mr. Sandahl, 36, has had ITDM since past 5 years; understands diabetes and certified that he does not have 2006. His endocrinologist examined him management and monitoring; and has diabetic retinopathy. He holds a Class A in 2006 and certified that he has had no stable control of his diabetes using CDL from Texas. hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV Kenneth R. Walker of consciousness, requiring the safely. Mr. Smith meets the assistance of another person, or requirements of the vision standard at Mr. Walker, 38, has had ITDM since resulting in impaired cognitive function 49 CFR 391.41(b)(10). His 1996. His endocrinologist examined him that occurred without warning in the ophthalmologist examined him in 2006 in 2006 and certified that he has had no past 5 years; understands diabetes and certified that he does not have hypoglycemic reactions resulting in loss management and monitoring; and has diabetic retinopathy. He holds a Class B of consciousness, requiring the stable control of his diabetes using CDL from Illinois. assistance of another person, or insulin, and is able to drive a CMV resulting in impaired cognitive function safely. Mr. Sandahl meets the Gilbert E. Strickland that occurred without warning in the requirements of the vision standard at Mr. Strickland, 43, has had ITDM past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist since 2006. His endocrinologist management and monitoring; and has examined him in 2006 and certified that examined him in 2006 and certified that stable control of his diabetes using he does not have diabetic retinopathy. he has had no hypoglycemic reactions insulin, and is able to drive a CMV He holds a Class D operator’s license resulting in loss of consciousness, safely. Mr. Walker meets the from Wisconsin. requiring the assistance of another requirements of the vision standard at

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49 CFR 391.41(b)(10). His optometrist Milton L. Worsley the exemption petitions described in examined him in 2006 and certified that Mr. Worsley, 60, has had ITDM since this notice. We will consider all he does not have diabetic retinopathy. 2006. His endocrinologist examined him comments received before the close of He holds a Class A CDL from Tennessee. in 2006 and certified that he has had no business on the closing date indicated earlier in the notice. John L. Waite, Jr. hypoglycemic reactions resulting in loss of consciousness, requiring the FMCSA notes that Section 4129 of the Mr. Waite, 56, has had ITDM since assistance of another person, or Safe, Accountable, Flexible and 2005. His endocrinologist examined him resulting in impaired cognitive function Efficient Transportation Equity Act: A in 2006 and certified that he has had no that occurred without warning in the Legacy for Users (SAFETEA–LU) hypoglycemic reactions resulting in loss past 5 years; understands diabetes requires the Secretary to revise its of consciousness, requiring the management and monitoring; and has diabetes exemption program established assistance of another person, or stable control of his diabetes using on September 3, 2003 (68 FR 52441).1 resulting in impaired cognitive function insulin, and is able to drive a CMV The revision must provide for that occurred without warning in the safely. Mr. Worsley meets the individual assessment of drivers with past 5 years; understands diabetes requirements of the vision standard at diabetes mellitus, and be consistent management and monitoring; and has 49 CFR 391.41(b)(10). His with the criteria described in section stable control of his diabetes using ophthalmologist examined him in 2006 4018 of the Transportation Equity Act insulin, and is able to drive a CMV and certified that he has stable for the 21st Century (49 U.S.C. 31305). safely. Mr. Williams meets the nonproliferative diabetic retinopathy. Section 4129 requires: (1) The requirements of the vision standard at He holds a Class A CDL from South elimination of the requirement for three 49 CFR 391.41(b)(10). His Carolina. years of experience operating CMVs ophthalmologist examined him in 2006 John A. Yarde while being treated with insulin; and (2) and certified that he does not have Mr. Yarde, 64, has had ITDM since the establishment of a specified diabetic retinopathy. He holds a Class A 2004. His endocrinologist examined him minimum period of insulin use to CDL from Missouri. in 2006 and certified that he has had no demonstrate stable control of diabetes Donald S. Welch hypoglycemic reactions resulting in loss before being allowed to operate a CMV. of consciousness, requiring the In response to section 4129, FMCSA Mr. Welch, 64, has had ITDM since assistance of another person, or made immediate revisions to the 1999. His endocrinologist examined him resulting in impaired cognitive function diabetes exemption program established in 2006 and certified that he has had no that occurred without warning in the by the September 3, 2003 Notice. hypoglycemic reactions resulting in loss past 5 years; understands diabetes FMCSA discontinued use of the 3-year of consciousness, requiring the management and monitoring; and has driving experience and fulfilled the assistance of another person, or stable control of his diabetes using requirements of section 4129 while resulting in impaired cognitive function insulin, and is able to drive a CMV continuing to ensure that operation of that occurred without warning in the safely. Mr. Yarde meets the CMVs by drivers with ITDM will past 5 years; understands diabetes requirements of the vision standard at achieve the requisite level of safety management and monitoring; and has 49 CFR 391.41(b)(10). His required of all exemptions granted stable control of his diabetes using ophthalmologist examined him in 2006 under 49 U.S.C. 31136(e). insulin, and is able to drive a CMV and certified that he does not have safely. Mr. Welch meets the diabetic retinopathy. He holds a Class A Section 4129(d) also directed FMCSA requirements of the vision standard at CDL from Illinois. to ensure that drivers of CMVs with ITDM are not held to a higher standard 49 CFR 391.41(b)(10). His optometrist Anthony Ybarra examined him in 2006 and certified that than other drivers, with the exception of he does not have diabetic retinopathy. Mr. Ybarra, 52, has had ITDM since limited operating, monitoring and He holds a Class D operator’s license 1994. His endocrinologist examined him medical requirements that are deemed from Ohio. in 2006 and certified that he has had no medically necessary. FMCSA concluded hypoglycemic reactions resulting in loss that all of the operating, monitoring and James W. Williams of consciousness, requiring the medical requirements set out in the assistance of another person, or September 3, 2003 Notice, except as Mr. Williams, 49, has had ITDM since resulting in impaired cognitive function 2003. His endocrinologist examined him modified, were in compliance with that occurred without warning in the section 4129(d). Therefore, all of the in 2006 and certified that he has had no past 5 years; understands diabetes hypoglycemic reactions resulting in loss requirements set out in the September 3, management and monitoring; and has 2003 Notice, except as modified in the of consciousness, requiring the stable control of his diabetes using assistance of another person, or notice in the Federal Register on insulin, and is able to drive a CMV November 8, 2005 (70 FR 67777), resulting in impaired cognitive function safely. Mr. Ybarra meets the remain in effect. that occurred without warning in the requirements of the vision standard at past 5 years; understands diabetes 49 CFR 391.41(b)(10). His Issued on: March 12, 2007. management and monitoring; and has ophthalmologist examined him in 2006 Pamela M. Pelcovits, stable control of his diabetes using and certified that he has stable Office Director, Policy Plans and Regulations. insulin, and is able to drive a CMV nonproliferative diabetic retinopathy. [FR Doc. E7–4835 Filed 3–15–07; 8:45 am] safely. Mr. Williams meets the He holds a Class A CDL from BILLING CODE 4910–EX–P requirements of the vision standard at Minnesota. 49 CFR 391.41(b)(10). His optometrist examined him in 2006 and certified that Request for Comments 1 Section 4129(a) refers to the 2003 Notice as a ‘‘final rule.’’ However, the 2003 Notice did not issue he does not have diabetic retinopathy. In accordance with 49 U.S.C. 31136(e) a ‘‘final rule,’’ but did establish the procedures and He holds a Class D operator’s license and 31315, FMCSA requests public standards for issuing exemptions for drivers with from Oklahoma. comment from all interested persons on ITDM.

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DEPARTMENT OF TRANSPORTATION provided. Please see the Privacy Act Donald P. Dodson, Jr. heading for further information. Stephanie D. Klang Federal Motor Carrier Safety Docket: For access to the docket to Mark J. Koscinski Administration read background documents or Dexter L. Myhre comments received, go to http:// Henry C. Patton [Docket No. FMCSA–98–4334, FMCSA–00– George D. Schell 7006, FMCSA–00–7918, FMCSA–00–8398, dms.dot.gov at any time or Room PL– 401 on the plaza level of the Nassif David A. Stafford FMCSA–01–8398, FMCSA–02–12844, James A. Stoudt FMCSA–02–13411, FMCSA–05–20027] Building, 400 Seventh Street, SW., Ralph A. Thompson Washington, DC, between 9 a.m. and 5 These exemptions are extended Qualification of Drivers; Exemption p.m., Monday through Friday, except subject to the following conditions: (1) Applications; Vision Federal holidays. The DMS is available That each individual have a physical 24 hours each day, 365 days each year. AGENCY: Federal Motor Carrier Safety examination every year (a) By an If you want us to notify you that we Administration (FMCSA), DOT. ophthalmologist or optometrist who received your comments, please include ACTION: Notice of renewal of attests that the vision in the better eye a self-addressed, stamped envelope or exemptions; request for comments. continues to meet the standard in 49 postcard or print the acknowledgement CFR 391.41(b)(10), and (b) by a medical SUMMARY: FMCSA announces its page that appears after submitting examiner who attests that the individual decision to renew the exemptions from comments online. is otherwise physically qualified under Privacy Act: Anyone may search the the vision requirement in the Federal 49 CFR 391.41; (2) that each individual electronic form of all comments Motor Carrier Safety Regulations for 12 provide a copy of the ophthalmologist’s received into any of our dockets by the individuals. FMCSA has statutory or optometrist’s report to the medical name of the individual submitting the authority to exempt individuals from examiner at the time of the annual comment (or of the person signing the the vision requirement if the medical examination; and (3) that each comment, if submitted on behalf of an exemptions granted will not individual provide a copy of the annual association, business, labor union, etc.). compromise safety. The Agency has medical certification to the employer for You may review the Department of concluded that granting these retention in the driver’s qualification Transportation’s complete Privacy Act exemptions will provide a level of safety file and retain a copy of the certification Statement in the Federal Register that will be equivalent to, or greater on his/her person while driving for published on April 11, 2000 (65 FR than, the level of safety maintained presentation to a duly authorized 19477; Apr. 11, 2000). This information without the exemptions for these Federal, State, or local enforcement is also available at http://dms.dot.gov. commercial motor vehicle (CMV) official. Each exemption will be valid drivers. FOR FURTHER INFORMATION CONTACT: Dr. for two years unless rescinded earlier by Mary D. Gunnels, Chief, Physical DATES: This decision is effective April 5, FMCSA. The exemption will be 2007. Comments must be received on or Qualifications Division, (202) 366–4001, rescinded if: (1) The person fails to before April 16, 2007. [email protected] FMCSA, comply with the terms and conditions Department of Transportation, 400 ADDRESSES: You may submit comments of the exemption; (2) the exemption has Seventh Street, SW., Room 8301, identified by DOT Docket Management resulted in a lower level of safety than Washington, DC 20590–0001. Office System (DMS) Docket Numbers was maintained before it was granted; or hours are from 8:30 a.m. to 5 p.m., E.T., FMCSA–98–4334, FMCSA–00–7006, (3) continuation of the exemption would Monday through Friday, except Federal FMCSA–00–7918, FMCSA–00–8398, not be consistent with the goals and holidays. FMCSA–01–8398, FMCSA–02–12844, objectives of 49 U.S.C. 31136(e) and FMCSA–02–13411, FMCSA–05–20027, SUPPLEMENTARY INFORMATION: 31315. using any of the following methods. Exemption Decision Basis for Renewing Exemptions • Web Site: http://dmses.dot.gov. Follow the instructions for submitting Under 49 U.S.C. 31136(e) and 31315, Under 49 U.S.C. 31315(b)(1), an comments on the DOT electronic docket FMCSA may renew an exemption from exemption may be granted for no longer site. the vision requirements in 49 CFR than two years from its approval date • Fax: 1–202–493–2251. 391.41(b)(10), which applies to drivers and may be renewed upon application • Mail: Docket Management Facility; of CMVs in interstate commerce, for a for additional two year periods. In U.S. Department of Transportation, 400 two-year period if it finds ‘‘such accordance with 49 U.S.C. 31136(e) and Seventh Street, SW., Nassif Building, exemption would likely achieve a level 31315, each of the 12 applicants has Room PL–401, Washington, DC 20590– of safety that is equivalent to, or greater satisfied the entry conditions for 0001. than, the level that would be achieved obtaining an exemption from the vision • Hand Delivery: Room PL–401 on absent such exemption.’’ The requirements (63 FR 66226; 64 FR the plaza level of the Nassif Building, procedures for requesting an exemption 16517; 66 FR 17994; 68 FR 15037; 70 FR 400 Seventh Street, SW., Washington, (including renewals) are set out in 49 14747; 65 FR 20245; 65 FR 57230; 67 FR DC, between 9 a.m. and 5 p.m., Monday CFR part 381. This notice addresses 12 57266; 69 FR 52741; 65 FR 66286; 66 FR through Friday, except Federal holidays. individuals who have requested renewal 13825; 68 FR 10300; 68 FR 13360; 70 FR • Federal eRulemaking Portal: Go to of their exemptions in accordance with 12265; 65 FR 78256; 66 FR 16311; 67 FR http://www.regulations.gov. Follow the FMCSA procedures. 68719; 68 FR 2626; 70 FR 2701; 70 FR online instructions for submitting FMCSA has evaluated these 12 16887; 67 FR 40439; 68 FR 10298; 70 FR comments. applications for renewal on their merits 7545). Each of these 12 applicants has Instructions: All submissions must and decided to extend each exemption requested timely renewal of the include the Agency name and docket for a renewable two-year period. They exemption and has submitted evidence numbers for this Notice. Note that all are: showing that the vision in the better eye comments received will be posted Richard D. Carlson continues to meet the standard specified without change to http://dms.dot.gov, David J. Collier at 49 CFR 391.41(b)(10) and that the including any personal information Robert P. Conrad, Sr. vision impairment is stable. In addition,

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a review of each record of safety while Issued on: March 12, 2007. comments received, go to http:// driving with the respective vision Pamela M. Pelcovits, dms.dot.gov at any time or Room PL– deficiencies over the past two years Office Director, Policy Plans and Regulations. 401 on the plaza level of the Nassif indicates each applicant continues to [FR Doc. E7–4840 Filed 3–15–07; 8:45 am] Building, 400 Seventh Street, SW., meet the vision exemption standards. BILLING CODE 4910–EX–P Washington, DC, between 9 a.m. and 5 These factors provide an adequate basis p.m., Monday through Friday, except for predicting each driver’s ability to Federal holidays. The DMS is available continue to drive safely in interstate DEPARTMENT OF TRANSPORTATION 24 hours each day, 365 days each year. commerce. Therefore, FMCSA If you want acknowledgment that we concludes that extending the exemption Federal Motor Carrier Safety received your comments, please include for each renewal applicant for a period Administration a self-addressed, stamped envelope or postcard or print the acknowledgement of two years is likely to achieve a level [Docket No. FMCSA–2007–27333] of safety equal to that existing without page that appears after submitting the exemption. Qualification of Drivers; Exemption comments on-line. Applications; Vision Privacy Act: Anyone may search the Request for Comments electronic form of all comments AGENCY: Federal Motor Carrier Safety received into any of our dockets by the FMCSA will review comments Administration (FMCSA), DOT. name of the individual submitting the received at any time concerning a ACTION: Notice of applications for comment (or of the person signing the particular driver’s safety record and exemptions; request for comments. comment, if submitted on behalf of an determine if the continuation of the association, business, labor union, etc.). exemption is consistent with the SUMMARY: FMCSA announces receipt of You may review the DOT’s complete requirements at 49 U.S.C. 31136(e) and applications from 21 individuals for Privacy Act Statement in the Federal 31315. However, FMCSA requests that exemptions from the vision requirement Register published on April 11, 2000 interested parties with specific data in the Federal Motor Carrier Safety (65 FR 19477; Apr. 11, 2000). This concerning the safety records of these Regulations. If granted, the exemptions information is also available at http:// drivers submit comments by April 16, would enable these individuals to dms.dot.gov. 2007. qualify as drivers of commercial motor FOR FURTHER INFORMATION CONTACT: Dr. vehicles (CMVs) in interstate commerce FMCSA believes that the Mary D. Gunnels, Chief, Physical without meeting the Federal vision requirements for a renewal of an Qualifications Division, (202) 366–4001, standard. exemption under 49 U.S.C. 31136(e) and [email protected], FMCSA, 31315 can be satisfied by initially DATES: Comments must be received on Department of Transportation, 400 granting the renewal and then or before April 16, 2007. Seventh Street, SW., Room 8301, requesting and evaluating, if needed, ADDRESSES: You may submit comments Washington, DC 20590–0001. Office subsequent comments submitted by identified by Department of hours are from 8:30 a.m. to 5 p.m., interested parties. As indicated above, Transportation (DOT) Docket Monday through Friday, except Federal the Agency previously published Management System (DMS) Docket holidays. notices of final disposition announcing Number FMCSA–2006–27333 using any SUPPLEMENTARY INFORMATION: its decision to exempt these 12 of the following methods: Background individuals from the vision requirement • Web Site: http://dmses.dot.gov/ Under 49 U.S.C. 31136(e) and 31315, in 49 CFR 391.41(b)(10). The final submit. Follow the instructions for FMCSA may grant an exemption for a 2- decision to grant an exemption to each submitting comments on the DOT year period if it finds ‘‘such exemption of these individuals was based on the electronic docket site. would likely achieve a level of safety merits of each case and only after • Fax: 1–202–493–2251. • that is equivalent to, or greater than, the careful consideration of the comments Mail: Docket Management Facility; U.S. Department of Transportation, 400 level that would be achieved absent received to its notices of applications. such exemption.’’ FMCSA can renew The notices of applications stated in Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– exemptions at the end of each 2-year detail the qualifications, experience, period. The 21 individuals listed in this and medical condition of each applicant 0001. • Hand Delivery: Room PL–401 on notice each have requested an for an exemption from the vision exemption from the vision requirement requirements. That information is the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, in 49 CFR 391.41(b)(10), which applies available by consulting the above cited to drivers of CMVs in interstate Federal Register publications. DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. commerce. Accordingly, the Agency Interested parties or organizations • Federal eRulemaking Portal: Go to will evaluate the qualifications of each possessing information that would http://www.regulations.gov. Follow the applicant to determine whether granting otherwise show that any, or all, of these online instructions for submitting the exemption will achieve the required drivers are not currently achieving the comments. level of safety mandated by statute. statutory level of safety should Instructions: All submissions must Qualifications of Applicants immediately notify FMCSA. The include the Agency name and docket Agency will evaluate any adverse number for this notice. Note that all Rex A. Botsford evidence submitted and, if safety is comments received will be posted Mr. Botsford, age 60, has had being compromised or if continuation of without change to http://dms.dot.gov amblyopia in his right eye since the exemption would not be consistent including any personal information childhood. The best corrected visual with the goals and objectives of 49 provided. Please see the Privacy Act acuity in his right eye is 20/100 and in U.S.C. 31136(e) and 31315, FMCSA will heading for further information. the left, 20/25. Following an take immediate steps to revoke the Docket: For access to the docket to examination in 2006, his optometrist exemption of a driver. read background documents or noted, ‘‘In my medical opinion, Mr.

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Botsford has sufficient vision to perform Thomas H. Davenport, Sr. opinion, Mr. Gullett has sufficient the driving tasks required to operate a Mr. Davenport, 48, has had macular vision to perform the driving tasks commercial vehicle.’’ Mr. Botsford scarring in his right eye since birth due required to operate a commercial reported that he has driven straight to histoplasmosis syndrome. The best vehicle.’’ Mr. Gullett reported that he trucks for 2 years, accumulating 20,000 corrected visual acuity in his right eye has driven straight trucks for 3 years, miles, and tractor-trailer combinations is count-finger vision and in the left, 20/ accumulating 156,000 miles. He holds a for 35 years, accumulating 4.2 million 25. Following an examination in 2007, Class B CDL from Kentucky. His driving miles. He holds a Class A Commercial his ophthalmologist noted, ‘‘It is my record for the last 3 years shows no Driver’s License (CDL) from Michigan. medical opinion that Mr. Davenport has crashes and no convictions for moving His driving record for the last 3 years sufficient vision to perform the driving violations in a CMV. shows no crashes and no convictions for tasks required to operate a commercial George Harris moving violations in a CMV. vehicle.’’ Mr. Davenport reported that he has driven straight trucks for 11 Robert A. Casson Mr. Harris, 63, has had amblyopia in years, accumulating 572,000 miles, and his left eye since childhood. The visual Mr. Casson, 30, has had amblyopia in tractor-trailer combinations for 2 years, acuity in his right eye is 20/20 and in accumulating 120,000 miles. He holds a his right eye since childhood. The the left, 20/400. Following an Class A CDL from Maryland. His driving visual acuity in his right eye is 20/200 examination in 2006, his optometrist record for the last 3 years shows no and in the left, 20/20. Following an crashes and no convictions for moving noted, ‘‘Mr. Harris has sufficient vision examination in 2007, his optometrist violations in a CMV. to perform the driving tasks required to noted, ‘‘In my opinion, Mr. Casson does operate a commercial motor vehicle.’’ have sufficient vision to perform the Christopher A. Deadman Mr. Gullett reported that he has driven task of driving a commercial vehicle.’’ Mr. Deadman, 34, has had amblyopia straight trucks for 18 years, Mr. Casson reported that he has driven in his right eye since childhood. The accumulating 270,000 miles. He holds a straight trucks for 6 months, best corrected visual acuity in his right Class A CDL from Kansas. His driving accumulating 12,000 miles, tractor- eye is 20/400 and in the left, 20/20. record for the last 3 years shows no trailer combinations for 2 months, Following an examination in 2006, his crashes and no convictions for moving accumulating 5,000 miles, and buses for optometrist noted, ‘‘In my medical violations in a CMV. 51⁄2 years, accumulating 110,000 miles. opinion, Mr. Deadman has sufficient Kenneth C. Keil He holds a Class A CDL from Kentucky. vision to perform the driving tasks His driving record for the last 3 years required to operate a commercial Mr. Keil, 50, has severe iris and shows no crashes and no convictions for vehicle.’’ Mr. Deadman reported that he retinal damage in his right eye due to a moving violations in a CMV. has driven tractor-trailer combinations traumatic injury sustained in 1982. The for 12 years, accumulating 588,000 best corrected visual acuity in his right Gregory L. Cooper miles. He holds a Class A CDL from eye is hand-motion vision and in the Michigan. His driving record for the last Mr. Cooper, 46, has had amblyopia in left, 20/20. Following an examination in 3 years shows one crash and no his right eye since childhood. The convictions for moving violations in a 2006, his optometrist noted, ‘‘I would visual acuity in his right eye is 20/400 CMV. like to state clearly that in my medical and in the left, 20/20. Following an opinion, Ken Keil has sufficient vision examination in 2007, his Heather M.B. Gordon to operate a commercial vehicle and I ophthalmologist noted, ‘‘He has Ms. Gordon, 35, has reduced would recommend that he be allowed to excellent vision to perform his driving peripheral vision in her right eye due to do so without limits.’’ Mr. Keil reported tasks required to operate a commercial an optic nerve injury sustained as a that he has driven straight trucks for 27 vehicle.’’ Mr. Cooper reported that he child. The best corrected visual acuity years, accumulating 129,600 miles. He has driven straight trucks for 7 years, in her right eye is 20/30 and in the left, holds a Class C operator’s license from accumulating 227,500 miles. He holds a 20/20. The horizontal field of vision in California. His driving record for the last Class A CDL from Pennsylvania. His her right eye is 55 degrees and in the 3 years shows no crashes and no driving record for the last 3 years shows left, 110 degrees. Following an convictions for moving violations in a no crashes and no convictions for examination in 2006, her CMV. moving violations in a CMV. ophthalmologist noted, ‘‘In my medical opinion, Ms. Heather Gordon has Robert K. Kimbel Kenneth D. Craig sufficient field of vision to operate a Mr. Kimbel, 53, has complete loss of commercial vehicle.’’ Ms. Gordon Mr. Craig, 46, has a prosthetic left eye vision in his right eye due to a retinal reported that she has driven straight due to a traumatic injury sustained in detachment sustained as a child. The trucks for 3 years, accumulating 60,000 2001. The visual acuity in his right eye visual acuity in his left eye is 20/20. miles. She holds a Class A CDL from is 20/20. Following an examination in New Hampshire. Her driving record for Following an examination in 2006, his 2006, his optometrist noted, ‘‘Mr. Craig the last 3 years shows no crashes and no optometrist noted, ‘‘He has a full vision has sufficient vision to perform the convictions for moving violations in a field in the left eye which should give driving tasks required to operate a CMV. him the vision necessary to drive a commercial vehicle.’’ Mr. Craig reported commercial vehicle.’’ Mr. Kimbel that he has driven tractor-trailer William K. Gullett reported that he has driven straight combinations for 20 years, accumulating Mr. Gullett, 44, has had amblyopia in trucks for 35 years, accumulating 1.8 2.5 million miles. He holds a Class A his left eye since birth. The best million miles. He holds a chauffeur CDL from Virginia. His driving record corrected visual acuity in his right eye license from Michigan. His driving for the last 3 years shows no crashes and is 20/20 and in the left, 20/60. record for the last 3 years shows no no convictions for moving violations in Following an examination in 2006, his crashes and no convictions for moving a CMV. optometrist noted, ‘‘In my medical violations in a CMV.

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Melvin A. Kleman tasks required to operate a commercial George K. Sizemore Mr. Kleman, 52, has had amblyopia in vehicle.’’ Mr. Malone reported that he Mr. Sizemore, 26, has a choroidal his right eye since childhood. The best has driven straight trucks for 14 years, rupture in his right eye due to a corrected visual acuity in his right eye accumulating 1.4 million miles, and traumatic injury sustained in 1995. The is 20/60 and in the left, 20/20. tractor-trailer combinations for 14 years, best corrected visual acuity in his right Following an examination in 2007, his accumulating 1.2 million miles. He eye is 20/400 and in the left, 20/20. optometrist noted, ‘‘In my opinion, Mel holds a Class A CDL from Virginia. His Following an examination in 2006, his has sufficient vision to perform the driving record for the last 3 years shows optometrist noted, ‘‘In my medical driving tasks required to operate a no crashes and no convictions for opinion, with the excellent visual acuity commercial vehicle.’’ Mr. Kleman moving violations in a CMV. of the left eye and the satisfactory field reported that he has driven straight Roberto E. Martinez of vision with both eyes, Mr. Sizemore trucks for 17 years, accumulating has sufficient vision to perform the 510,000 miles, and tractor-trailer Mr. Martinez, 28, has a prosthetic left driving tasks to operate a commercial combinations for 34 years, accumulating eye due to a traumatic injury sustained vehicle.’’ Mr. Sizemore reported that he 3.7 million miles. He holds a Class A at age 22. The best corrected visual has driven tractor-trailer combinations CDL from Ohio. His driving record for acuity in his right eye is 20/20. for 5 years, accumulating 300,000 miles. the last 3 years shows no crashes and no Following an examination in 2006, his He holds a Class A CDL from North convictions for moving violations in a optometrist noted, ‘‘In my medical Carolina. His driving record for the last CMV. opinion, Robert E. Martinez has 3 years shows no crashes and no convictions for moving violations in a Roosevelt Lawson, Jr. sufficient vision to perform the driving tasks required to operate a commercial CMV. Mr. Lawson, 43, has complete loss of vehicle.’’ Mr. Martinez reported that he vision in his right eye due to a traumatic Robert N. Taylor has driven tractor-trailer combinations injury sustained as a child. The visual 1 Mr. Taylor, 61, has complete loss of acuity in his left eye is 20/20. Following for 8 ⁄2 years, accumulating 680,000 vision in his right eye due to a traumatic an examination in 2006, his optometrist miles. He holds a Class A CDL from injury sustained in 1969, which resulted noted, ‘‘In my medical opinion, Mr. Washington. His driving record for the in an opacified cornea. The best Lawson has sufficient vision to perform last 3 years shows no crashes and one corrected visual acuity in his left eye is the driving tasks required to operate a conviction for a moving violation, 20/25. Following an examination in commercial vehicle.’’ Mr. Lawson speeding in a CMV. He exceeded the 2006, his optometrist noted, ‘‘I feel this reported that he has driven straight speed limit by 13 mph. patient has adequate visual acuity and trucks for 15 years, accumulating Richard W. Mullenix visual field to operate a commercial 585,000 miles. He holds a Class D vehicle.’’ Mr. Taylor reported that he operator’s license from Alabama. His Mr. Mullenix, 52, has complete loss of has driven straight trucks for 2 years, driving record for the last 3 years shows vision in his right eye due to a traumatic accumulating 30,000 miles, and tractor- no crashes and no convictions for injury sustained as a child. The best trailer combinations for 30 years, moving violations in a CMV. corrected visual acuity in his left eye is accumulating 3 million miles. He holds a Class A CDL from Oregon. His driving David H. Luckadoo 20/20. Following an examination in 2006, his optometrist noted, ‘‘I do feel record for the last 3 years shows no Mr. Luckadoo, 58, has loss of vision he has sufficient vision to perform the crashes and one conviction for a moving in his left eye due to a traumatic injury driving tasks required to operate a violation, speeding in a CMV. He sustained as a child. The visual acuity commercial vehicle.’’ Mr. Mullenix exceeded the speed limit by 15 mph. in his right eye is 20/25 and in the left, reported that he has driven straight Manuel A. Vargas light perception. Following an trucks for 9 years, accumulating 225,000 examination in 2006, his optometrist miles, and tractor-trailer combinations Mr. Vargas, 39, has loss of vision in noted, ‘‘He has adapted well to his for 3 years, accumulating 288,000 miles. his left eye due to a retinal detachment condition and in my opinion has He holds a Class A CDL from Missouri. sustained as a child. The best corrected sufficient vision to perform the driving His driving record for the last 3 years visual acuity in his right eye is 20/20 task required to operate a commercial shows no crashes and no convictions for and in the left, 20/200. Following an vehicle.’’ Mr. Luckadoo reported that he moving violations in a CMV. examination in 2006, his optometrist has driven straight trucks for 10 years, noted, ‘‘In my professional opinion, accumulating 500,000 miles. He holds Steven A. Proctor Manuel has sufficient vision to perform an operator’s license from Indiana, driving tasks required to operate a which allows him to operate a vehicle Mr. Proctor, 36, has had amblyopia in commercial vehicle.’’ Mr. Vargas with a gross weight of 16,000 pounds or his right eye since childhood. The best reported that he has driven straight less. His driving record for the last 3 corrected visual acuity in his right eye trucks for 12 years, accumulating 30,000 years shows no crashes and no is 20/70 and in the left, 20/20. miles, and tractor-trailer combinations convictions for moving violations in a Following an examination in 2006, his for 12 years, accumulating 60,000 miles. CMV. optometrist noted, ‘‘In my medical He holds a Class A CDL from Arizona. opinion, Mr. Proctor has sufficient His driving record for the last 3 years Emanuel N. Malone vision to perform the driving tasks to shows no crashes and no convictions for Mr. Malone, 47, has loss of vision in operate a commercial vehicle.’’ Mr. moving violations in a CMV. his left eye due to a traumatic injury Proctor reported that he has driven sustained as a child. The best corrected tractor-trailer combinations for 7 years, Request for Comments visual acuity in his right eye is 20/25 accumulating 472,500 miles. He holds a In accordance with 49 U.S.C. 31136(e) and in the left, 20/400. Following an Class A CDL from Nevada. His driving and 31315, FMCSA requests public examination in 2006, his optometrist record for the last 3 years shows no comment from all interested persons on noted, ‘‘I believe that Mr. Malone has crashes and no convictions for moving the exemption petitions described in sufficient vision to perform the driving violations in a CMV. this notice. The Agency will consider all

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comments received before the close of crew members of U.S. ships in DEPARTMENT OF TRANSPORTATION business April 16, 2007. Comments will recognition of their service in areas of be available for examination in the danger during the operations by the Maritime Administration docket at the location listed under the Armed Forces of the United States in [Docket No. MARAD–2007–27551] ADDRESSES section of this notice. The World War II, Korea, Vietnam, and Agency will file comments received Operation Desert Storm. Requested Administrative Waiver of after the comment closing date in the Need and Use of the Information: the Coastwise Trade Laws public docket, and will consider them to the extent practicable. In addition to late This information is used by MARAD AGENCY: Maritime Administration, comments, FMCSA will also continue to personnel to process and verify requests Department of Transportation. for service awards. file, in the public docket, relevant ACTION: Invitation for public comments information that becomes available after Description of Respondents: Masters, on a requested administrative waiver of the comment closing date. Interested officers and crew members of U.S. the Coastwise Trade Laws for the vessel persons should monitor the public ships. CATNAP. docket for new material. Annual Responses: 900 responses. SUMMARY: As authorized by Public Law Issued on: March 12, 2007. Annual Burden: 900 hours. 105–383 and Public Law 107–295, the Pamela M. Pelcovits, Comments: Comments should refer to Secretary of Transportation, as Office Director, Policy Plans and Regulations. the docket number that appears at the represented by the Maritime [FR Doc. E7–4841 Filed 3–15–07; 8:45 am] top of this document. Written comments Administration (MARAD), is authorized BILLING CODE 4910–EX–P may be submitted to the Docket Clerk, to grant waivers of the U.S.-build U.S. DOT Dockets, Room PL–401, 400 requirement of the coastwise laws under certain circumstances. A request for DEPARTMENT OF TRANSPORTATION Seventh Street, SW., Washington, DC 20590. Comments also may be such a waiver has been received by MARAD. The vessel, and a brief Maritime Administration submitted by electronic means via the description of the proposed service, is Internet at http://dms.dot.gov/submit. [Docket No. MARAD–2007–27586] listed below. The complete application Specifically address whether this is given in DOT docket MARAD–2007– Information Collection Available for information collection is necessary for 27551 at http://dms.dot.gov. Interested Public Comments and proper performance of the functions of parties may comment on the effect this Recommendations the agency and will have practical action may have on U.S. vessel builders utility, accuracy of the burden or businesses in the U.S. that use U.S.- ACTION: Notice and request for estimates, ways to minimize this flag vessels. If MARAD determines, in comments. burden, and ways to enhance the accordance with Public Law 105–383 SUMMARY: In accordance with the quality, utility, and clarity of the and MARAD’s regulations at 46 CFR Paperwork Reduction Act of 1995, this information to be collected. All Part 388 (68 FR 23084; April 30, 2003), notice announces the Maritime comments received will be available for that the issuance of the waiver will have Administration’s (MARAD’s) intention examination at the above address an unduly adverse effect on a U.S.- to request extension of approval for between 10 a.m. and 5 p.m. EDT (or vessel builder or a business that uses three years of a currently approved EST), Monday through Friday, except U.S.-flag vessels in that business, a information collection. Federal Holidays. An electronic version waiver will not be granted. Comments DATES: Comments should be submitted of this document is available on the should refer to the docket number of on or before May 15, 2007. World Wide Web at http://dms.dot.gov. this notice and the vessel name in order for MARAD to properly consider the FOR FURTHER INFORMATION CONTACT: Privacy Act comments. Comments should also state Patricia Ann Thomas, Maritime the commenter’s interest in the waiver Administration, MAR–630, 400 Seventh Anyone is able to search the application, and address the waiver St., SW., Washington, DC 20590. electronic form of all comments criteria given in § 388.4 of MARAD’s Telephone: 202–366–2646; FAX: 202– received into any of our dockets by the regulations at 46 CFR Part 388. 493–2180; or e-mail: name of the individual submitting the DATES: [email protected]. Copies of this comment (or signing the comment, if Submit comments on or before April 16, 2007. collection also can be obtained from that submitted on behalf of an association, office. business, labor union, etc.). You may ADDRESSES: Comments should refer to SUPPLEMENTARY INFORMATION: review DOT’s complete Privacy Act docket number MARAD–2007–27551. Title of Collection: Merchant Marine Statement in the Federal Register Written comments may be submitted by Medals and Awards. published on April 11, 2000 (Volume hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL–401, Type of Request: Extension of 65, Number 70; Pages 19477–78) or you Department of Transportation, 400 7th currently approved information may visit http://www.dms.dot.gov. collection. St., SW., Washington, DC 20590–0001. OMB Control Number: 2133–0506. (Authority: 49 CFR 1.66) You may also send comments Form Numbers: None. Dated: March 12, 2007. electronically via the Internet at http:// dmses.dot.gov/submit/. All comments Expiration Date of Approval: Three By order of the Maritime Administrator. years from date of approval by the will become part of this docket and will Office of Management and Budget. Daron T. Threet, be available for inspection and copying Summary of Collection of Secretary, Maritime Administration. at the above address between 10 a.m. Information: This information collection [FR Doc. E7–4829 Filed 3–15–07; 8:45 am] and 5 p.m., E.T., Monday through provides a method of awarding BILLING CODE 4910–81–P Friday, except federal holidays. An merchant marine medals and electronic version of this document and decorations to masters, officers, and all documents entered into this docket

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is available on the World Wide Web at listed below. The complete application comment (or signing the comment, if http://dms.dot.gov. is given in DOT docket MARAD–2007– submitted on behalf of an association, FOR FURTHER INFORMATION CONTACT: 27550 at http://dms.dot.gov. Interested business, labor union, etc.). You may Joann Spittle, U.S. Department of parties may comment on the effect this review DOT’s complete Privacy Act Transportation, Maritime action may have on U.S.-vessel builders Statement in the Federal Register Administration, MAR–830 Room 7201, or businesses in the U.S. that use U.S.- published on April 11, 2000 (Volume 400 Seventh Street, SW., Washington, flag vessels. If MARAD determines, in 65, Number 70; Pages 19477–78) or you DC 20590. Telephone 202–366–5979. accordance with Public Law 105–383 may visit http://dms.dot.gov. SUPPLEMENTARY INFORMATION: As and MARAD’s regulations at 46 CFR Dated: March 9, 2007. described by the applicant the intended Part 388 (68 FR 23084; April 30, 2003), By order of the Maritime Administrator. that the issuance of the waiver will have service of the vessel CATNAP is: Daron T. Threet, Intended Use: ‘‘Captained charter an unduly adverse effect on a U.S.- vessel builder or a business that uses Secretary, Maritime Administration. services on inland waters. Sailing [FR Doc. E7–4831 Filed 3–15–07; 8:45 am] lessons, sunset cruises, overnight U.S.-flag vessels in that business, a cruises, eco tours, etc.’’ waiver will not be granted. Comments BILLING CODE 4910–81–P Geographic Region: Chesapeake Bay should refer to the docket number of this notice and the vessel name in order and tributaries including the waters of DEPARTMENT OF TRANSPORTATION Delaware, Pennsylvania, Maryland and for MARAD to properly consider the Virginia. Inland and intracoastal waters comments. Comments should also state Pipeline and Hazardous Materials of North Carolina. the commenter’s interest in the waiver Safety Administration application, and address the waiver Privacy Act criteria given in § 388.4 of MARAD’s Office of Hazardous Materials Safety; Anyone is able to search the regulations at 46 CFR Part 388. Notice of Application for Special electronic form of all comments DATES: Submit comments on or before Permits received into any of our dockets by the April 16, 2007. AGENCY: Pipeline and Hazardous name of the individual submitting the ADDRESSES: Comments should refer to comment (or signing the comment, if docket number MARAD–2007–27550. Materials Safety Administration, DOT. submitted on behalf of an association, Written comments may be submitted by ACTION: List of Applications for Special business, labor union, etc.). You may hand or by mail to the Docket Clerk, Permits. review DOT’s complete Privacy Act U.S. DOT Dockets, Room PL–401, SUMMARY: In accordance with the Statement in the Federal Register Department of Transportation, 400 7th procedures governing the application published on April 11, 2000 (Volume St., SW., Washington, DC 20590–0001. for, and the processing of, special 65, Number 70; Pages 19477–78) or you You may also send comments permits from the Department of may visit http://dms.dot.gov. electronically via the Internet at http:// Transportation’s Hazardous Material dmses.dot.gov/submit/. All comments Dated: March 9, 2007. Regulations (49 CFR part 207, subpart will become part of this docket and will By order of the Maritime Administrator. B), notice is hereby given that the Office be available for inspection and copying Daron T. Threet, of Hazardous Materials Safety has at the above address between 10 a.m. Secretary, Maritime Administration. received the application described and 5 p.m., E.T., Monday through [FR Doc. E7–4834 Filed 3–15–07; 8:45 am] herein. Each mode of transportation for Friday, except Federal holidays. An which a particular special permit is BILLING CODE 4910–81–P electronic version of this document and requested is indicated by a number in all documents entered into this docket the ‘‘Nature of Application’’ portion of is available on the World Wide Web at DEPARTMENT OF TRANSPORTATION the table below as follows: 1—Motor http://dms.dot.gov. vehicle, 2—Rail freight, 3—Cargo vessel, FOR FURTHER INFORMATION CONTACT: Maritime Administration 4—Cargo aircraft only, 5—Passenger- Joann Spittle, U.S. Department of carrying aircraft. [Docket No. MARAD–2007–27550] Transportation, Maritime Administration, MAR–830 Room 7201, DATES: Comments must be received on Requested Administrative Waiver of or before April 16, 2007. the Coastwise Trade Laws 400 Seventh Street, SW., Washington, DC 20590. Telephone 202–366–5979. Address Comments to: Record Center, Pipeline and Hazardous Materials Safety AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As Administration, U.S. Department of Department of Transportation. described by the applicant the intended Transportation, Washington, DC 20590. ACTION: Invitation for public comments service of the vessel KUWANLELENTA Comments should refer to the on a requested administrative waiver of is: application number and be submitted in the Coastwise Trade Laws for the vessel Intended Use: ‘‘Weekly and day triplicate. If confirmation of receipt of KUWANLELENTA. charters.’’ Geographic Region: Maine, New comments is desired, include a self- SUMMARY: As authorized by Public Law Hampshire, Massachusetts, Rhode addressed stamped postcard showing 105–383 and Public Law 107–295, the Island, Connecticut, New Jersey, New the special permit number. Secretary of Transportation, as York, Delaware, Maryland, Virginia, FOR FURTHER INFORMATION CONTACT: represented by the Maritime North Carolina, South Carolina, Georgia, Copies of the application are available Administration (MARAD), is authorized and Florida. for inspection in the Records Center, to grant waivers of the U.S.-build Nassif Building, 400 7th Street, SW., requirement of the coastwise laws under Privacy Act Washington, DC or at http:// certain circumstances. A request for Anyone is able to search the dms.dot.gov. such a waiver has been received by electronic form of all comments This notice of receipt of applications MARAD. The vessel, and a brief received into any of our dockets by the for special permits is published in description of the proposed service, is name of the individual submitting the accordance with Part 107 of the Federal

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hazardous materials transportation law Issued in Washington, DC, on March 12, (49 U.S.C. 5117(b); 49 CFR 1.53(b)). 2007. Delmer F. Billings, Director, Office of Hazardous Materials, Special Permits & Approvals.

Application No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof

14479–N ...... Medical Waste Institute 49 CFR 172.301(a); 172.301(c); To authorize the use of containers marked with Washington, DC. 172.312(a)(2). an alternative shipping name. (mode 1). 14480–N ...... REC Advanced Silicon 49 CFR 173.301(1)(iii)(2) ...... To authorize the transportation in commerce of Materials LLC Silver certain DOT specification cylinders and cyl- Bow, MT. inders manufactured to a foreign specification without perssure relief devices. (modes 1, 3). 14481–N ...... Transload of North 49 CFR 178.518.2; 173.24; To authorize the transportation in commerce of America Middlesex, 173,240(c). Class 9 solid hazardous waste in non-DOT NJ. Specification in FIBCs. (mode 1). 14482–N ...... Classic Helicopters...... 49 CFR 172.204(c)(3); To authorize the transportation of certain Division 173.27(b)(2)(3); 175.30(a)(1). 1.2 explosives by cargo aircraft (helicopter). (mode 4). 14483–N ...... WEW Westerwaelder 49 CFR 178.276(b)(1) ...... To authorize the manufacture marking, sale, and Eisenwerk Weitefeld. use of UN T50 tanks designed and constructed in accordance with Section VIII, Division 2 of the ASME code. (modes 1, 2, 3). 14484–N ...... E Ink Corporation Cam- 49 CFR 173.202(a), 173.202(c), To authorize the manufacture, marking, sale and bridge, MA. 173.28(b)(2). use of reusable stainless steel vessels for the transportation in commerce of certain Class 3 hazardous materials. (mode 1). 14485–N ...... Constellation Tech- 49 CFR Part 172 Subpart E and To authorize the manufacture, marking, sale and nology Corporation. F; Part 174 except 174.24, use of non-DOT specification cylinders for the Part 176 except 176.24 and transportation in commerce of certain Division Part 177 except 177.817; 2.1 and 2.2 gases. (modes 1, 2, 3, 4, 5). Sections 173.302a, 173.306(b)(4) and 175.3.

[FR Doc. 07–1271 Filed 3–15–07; 8:45 am] the application described herein. This Department of Transportation, BILLING CODE 4909–60–M notice is abbreviated to expedite Washington, DC 20590. docketing and public notice. Because Comments should refer to the the sections affected, modes of application number and be submitted in DEPARTMENT OF TRANSPORTATION transportation, and the nature of triplicate. If confirmation of receipt of application have been shown in earlier comments is desired, include a self- Pipeline and Hazardous Materials Federal Register publications, they are addressed stamped postcard showing Safety Administration not repeated here. Request of the special permit number. Office of Hazardous Materials Safety; modifications of special permits (e.g. to FOR FURTHER INFORMATION CONTACT: Notice of Applications for Modification provide for additional hazardous Copies of the applications are available of Special Permit materials, packaging design changes, for inspection in the Records Center, additional mode of transportation, etc.) Nassif Building, 400 7th Street, SW., AGENCY: Pipeline and Hazardous are described in footnotes to the Washington, DC or at http:// Materials Safety Administration, DOT application number. Application dms.dot.gov. This notice of receipt of applications ACTION: List of Applications for numbers with the suffix ‘‘M’’ denote a Modification of Special Permit. modification request. These for modification of special permits is applications have been separated from published in accordance with Part 107 SUMMARY: In accordance with the the new applications for special permits of the Federal hazardous materials procedures governing the application to facilitate processing. transportation law (49 U.S.C. 5117(b); for, and the processing of, special 49 CFR 1.53(b)). DATES: permits from the Department of Comments must be received on Issued in Washington, DC, on March 12, Transportation’s Hazardous Material or before April 2, 2007. 2007. Regulations (49 CFR part 107, subpart B) Address Comments To: Record Delmer F. Billings, notice is hereby given that the Office of Center, Pipeline and Hazardous Director, Office of Hazardous Materials, Hazardous Materials Safety has received Materials Safety Administration, U.S. Special Permits & Approvals.

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MODIFICATION SPECIAL PERMITS

Application No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof

7835–M ...... Air Products & Chemi- 49 CFR 177.848(d) ...... To modify the special permit to authorize the use cals, Inc. Allentown, of an E track system as an approved method PA. for securing cylinders transporting various haz- ardous materials. 7946–M ...... Imaging & Sensing 49 CFR 173.306(6)(4); 175.3; To modify the special permit to authorize the Technology Horse- 173.302. transportation in commerce of additional Divi- heads, NY. sion 2.2 materials in non-DOT specification steel or aluminum pressure vessels contained in a radiation detector. 8627–M ...... Nalco Energy Services, 49 CFR 173.201; 173.202; To modify the special permit to authorize the L.P. Naperville, IL. 173.203. transportation of Division 6.1, PG III materials in non-DOT specification portable tanks manifolded together within a frame and se- curely mounted on a truck chassis. 10442–M ..... Pratt & Whitney 49 CFR 172.101; 173.65; To modify the special permit to authorize the Rocketdyne (PWR) 173.95; 173.154. transportation in commerce of certain Division (Former Grantee: 1.1D and 1.3C waste materials in UN11G fiber- United Technologies board boxes and UN11D plywood crates. Corporation) San Jose, CA. 10631–M ..... Dept of the Army—Sur- 49 CFR 173.243; 173.244 ..... To modify the special permit to authorize the ad- face Deployment and ditional shipping description and to update var- Distr. Command Fort ious paragraphs to coincide with the Hazardous Eustis, VA. Materials Regulations as currently written. 11156–M ..... Dyno Nobel, Inc. Salt 49 CFR 173.62; 173.212(b) ... To modify the special permit to authorize cargo Lake City, UT. vessel as an authorized mode of transport. 11911–M ..... RSPA–97–2735 Transfer Flow, Inc. 49 CFR 178.700 thru 178.819 To modify the special permit to allow an increase Chico, CA. in the size of refueling tanks from 100 gallons to 300 gallons and to allow hoses to be at- tached to discharge outlets during transpor- tation. 11993–M ..... RSPA–97–3100 Key Safety Systems, Inc. 49 CFR 173.301(a)(1); To modify the special permit to authorize a new (formerly BREED 173.302a. design pressure vessel. Tech.) Lakeland, FL. 12005–M ..... RSPA–97–3233 Pratt & Whitney 49 CFR 173.302 ...... To modify the special permit to authorize the Rocketdyne, Inc. transportation in commerce of a specially de- Canoga Park, CA. signed unit equipped with an unvented cylinder charged with xenon gas, Division 2.2, as part of a space station project. 12122–M ..... RSPA–98–4313 ARC Automotive, Inc. 49 CFR 173.301(h); 173.302; To modify the special permit to allow machine Knoxville, TN. 173.306(d)(3). welding as certified per CGA pamphlet C–3 re- quirements, and to grant relief from the marking requirements of CFR 178.65(i)(2)(viii) due to the limited size of the cylinders. 13548–M ..... RSPA–04–1745 Wiley Rein & Fielding 49 CFR 172.301(c), 173.159 To modify the special permit to authorize the LLP Washington, DC. transportation in commerce of dry lead acid bat- teries without marking each package with the special permit number. 14155–M ..... PHMSA–05– American Promotional 49 CFR 173.60; 178.516(b)(1) To modify the special permit to authorize the 20606 Events, Inc. Florence, transportation in commerce of certain fireworks AL. in DOT specification single wall fiberboard boxes. 14382–M ..... PHMSA–06– BOC Gases Murray Hill, 49 CFR 173.163, 180.209 ..... To modify the special permit to specifically define 25482 NJ. the filling capacity of certain DOT Specification 3BN nickle cylinders containing either tungsten bexafluoride and hydrogen fluoride. 14396–M ..... PHMSA–06– Matheson Tri-Gas Par- 49 CFR 173.192(a) ...... To reissue the special permit originally issued on 25783 sippany, NJ. an emergency basis for the transportation in commerce of certain Division 2.3 gases in cer- tain DOT specification and non-DOT specifica- tion cylinders not normally authorized for cargo vessel transportation, for export only. 14415–M ..... Prometheus Inter- 49 CFR 173.21, 173.24, To reissue the special permit originally issued on national, Inc. Com- 173.27, 173.308, 175.5, an emergency basis for the transportation in merce, CA. 175.10, 175.30, 17.33. commerce of gas and liquid fueled Prometheus lighters in special travel containers in checked luggage in commercial passenger aircraft.

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[FR Doc. 07–1272 Filed 3–15–07; 8:45 am] North Little Rock, AR; and (2) on UP’s DEPARTMENT OF TRANSPORTATION BILLING CODE 4909–60–M Van Buren and Wagoner Subdivisions, extending between milepost 344.3 at Surface Transportation Board North Little Rock, AR, and milepost DEPARTMENT OF TRANSPORTATION 526.7 at Sallisaw, OK, a distance of [STB Docket No. AB–6 (Sub-No. 448X)] approximately 379.3 miles. Saint Lawrence Seaway Development BNSF Railway Company— The transaction is scheduled to be Corporation Abandonment Exemption—in Thurston consummated on April 5, 2007, the County, WA Advisory Board; Notice of Meeting effective date of the exemption (30 days after the exemption was filed). The Pursuant to Section 10(a)(2) of the BNSF Railway Company (BNSF) has temporary trackage rights are scheduled Federal Advisory Committee Act (Pub. filed a notice of exemption under 49 to expire on July 1, 2007. L. 92–463; 5 U.S.C. App. I), notice is CFR Part 1152 Subpart F—Exempt hereby given of a meeting of the The sole purpose of the temporary Abandonments to abandon a 0.86-mile Advisory Board of the Saint Lawrence trackage rights is to facilitate the line of railroad that extends between Seaway Development Corporation bridging of KCSR’s train service while Engineering Station 476+09 and (SLSDC), to be held from 1 p.m.–3 p.m. KCSR’s lines on its Shreveport and Engineering Station 521+42 near on Wednesday, April 4, 2007, at the Heavener Subdivisions are out of Olympia, in Thurston County, WA. The Great Lakes Room of the Coast service due to maintenance operations line traverses United States Postal Restaurant, 931 E. Wisconsin Avenue, over those Subdivisions. Service Zip Code 98502. Milwaukee, WI 53202. The agenda for As a condition to this exemption, any BNSF has certified that: (1) No local this meeting will be as follows: Opening employees affected by the acquisition of traffic has moved over the line for at Remarks; Consideration of Minutes of the temporary trackage rights will be least 2 years; (2) any overhead traffic Past Meeting; Quarterly Report; Old and protected by the conditions imposed in handled on the line can be rerouted over New Business; Closing Discussion; Norfolk and Western Ry. Co.—Trackage other lines; (3) no formal complaint Adjournment. Rights—BN, 354 I.C.C. 605 (1978), as filed by a user of rail service on the line Attendance at the meeting is open to modified in Mendocino Coast Ry., Inc.— (or by a state or local government entity the interested public but limited to the Lease and Operate, 360 I.C.C. 653 acting on behalf of such user) regarding space available. With the approval of (1980), and any employees affected by cessation of service over the line either the Administrator, members of the the discontinuance of those trackage is pending with the Surface public may present oral statements at rights will be protected by the Transportation Board or with any U.S. the meeting. Persons wishing further conditions set out in Oregon Short Line District Court or has been decided in information should contact, not later R. Co.—Abandonment—Goshen, 360 favor of complainant within the 2-year than March 30, 2007, Anita K. I.C.C. 91 (1979). period; and (4) the requirements at 49 Blackman, Chief of Staff, Saint CFR 1105.7 (environmental reports), 49 Lawrence Seaway Development This notice is filed under 49 CFR CFR 1105.8 (historic reports), 49 CFR Corporation, 400 Seventh Street, SW., 1180.2(d)(8). If it contains false or 1105.11 (transmittal letter), 49 CFR Washington, DC 20590; 202–366–0091. misleading information, the exemption 1105.12 (newspaper publication), and Any member of the public may is void ab initio. Petitions to revoke the 49 CFR 1152.50(d)(1) (notice to present a written statement to the exemption under 49 U.S.C. 10502(d) governmental agencies) have been met. Advisory Board at any time. may be filed at any time. The filing of As a condition to this exemption, any a petition to revoke will not Issued at Washington, DC, on March 13, employee adversely affected by the automatically stay the effectiveness of 2007. abandonment shall be protected under the exemption. Stay petitions must be Collister Johnson, Jr., Oregon Short Line R. Co.— filed by March 29, 2007 (at least 7 days Administrator. Abandonment—Goshen, 360 I.C.C. 91 before the exemption becomes [FR Doc. E7–4863 Filed 3–15–07; 8:45 am] (1979). To address whether this effective). BILLING CODE 4910–61–P condition adequately protects affected An original and 10 copies of all employees, a petition for partial pleadings, referring to STB Finance revocation under 49 U.S.C. 10502(d) DEPARTMENT OF TRANSPORTATION Docket No. 35004, must be filed with must be filed. the Surface Transportation Board, 395 E Surface Transportation Board Provided no formal expression of Street, SW., Washington, DC 20423– intent to file an offer of financial [STB Finance Docket No. 35004] 1001. In addition, a copy of each assistance (OFA) has been received, this pleading must be served on William A. exemption will be effective on April 17, The Kansas City Southern Railway Mullins, 2401 Pennsylvania Ave., NW., 2007, unless stayed pending Company—Temporary Trackage Suite 300, Washington, DC 20037. reconsideration. Petitions to stay that do Rights Exemption—Union Pacific Board decisions and notices are not involve environmental issues,1 Railroad Company available on our Web site at http:// formal expressions of intent to file an Pursuant to a written trackage rights www.stb.dot.gov. 1 agreement dated February 28, 2007, Decided: March 9, 2007. The Board will grant a stay if an informed decision on environmental issues (whether raised Union Pacific Railroad Company (UP) By the Board, David M. Konschnik, by a party or by the Board’s Section of has agreed to grant temporary overhead Director, Office of Proceedings. Environmental Analysis (SEA) in its independent trackage rights to The Kansas City investigation) cannot be made before the Southern Railway Company (KCSR): (1) Vernon A. Williams, exemption’s effective date. See Exemption of Out- Secretary. of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any On UP’s Little Rock Subdivision, request for a stay should be filed as soon as possible extending between milepost 51.0 at [FR Doc. E7–4770 Filed 3–15–07; 8:45 am] so that the Board may take appropriate action before Jefferson, TX, and milepost 344.3 at BILLING CODE 4915–01–P the exemption’s effective date.

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OFA under 49 CFR 1152.27(c)(2),2 and Pursuant to the provisions of 49 CFR Sepulveda Ambulatory Care Center trail use/rail banking requests under 49 1152.29(e)(2), BNSF shall file a notice of campus in Sepulveda, California. The CFR 1152.29 must be filed by March 26, consummation with the Board to signify lessee would develop, finance, renovate, 2007. Petitions to reopen or requests for that it has exercised the authority construct, manage, maintain and operate public use conditions under 49 CFR granted and fully abandoned the line. If the buildings to provide permanent 1152.28 must be filed by April 5, 2007, consummation has not been effected by supportive housing and ancillary with: Surface Transportation Board, 395 BNSF’s filing of a notice of services for the homeless, with priority E Street, SW., Washington, DC 20423– consummation by March 16, 2008, and placement for homeless veterans within 0001. there are no legal or regulatory barriers the community. In addition to such A copy of any petition filed with the to consummation, the authority to property enhancements and veteran Board should be sent to BNSF’s abandon will automatically expire. services, VA would receive representative: Sidney L. Strickland, Jr., Board decisions and notices are consideration for the lease, in the form Sidney Strickland and Associates, available on our Web site at http:// of in-kind services such as training, use PLLC, 3050 K Street, NW., Suite 101, www.stb.dot.gov. of space, and professional counseling Washington, DC 20007. Decided: March 8, 2007. services to veteran tenants, and cash in If the verified notice contains false or the form of a percentage of revenues misleading information, the exemption By the Board, David M. Konschnik, Director, Office of Proceedings. from certain filmmaking activities on is void ab initio. the property. BNSF has filed environmental and Vernon A. Williams, FOR FURTHER INFORMATION CONTACT: historic reports which address the Secretary. effects, if any, of the abandonment on [FR Doc. E7–4768 Filed 3–15–07; 8:45 am] William Sexton, Office of Asset Enterprise Management (004B), the environment and historic resources. BILLING CODE 4915–01–P SEA will issue an environmental Department of Veterans Affairs, 810 assessment (EA) by March 23, 2007. Vermont Avenue, NW., Washington, DC 20420, (202) 273–9470. Interested persons may obtain a copy of DEPARTMENT OF VETERANS the EA by writing to SEA (Room 1100, AFFAIRS SUPPLEMENTARY INFORMATION: Title 8 Surface Transportation Board, U.S.C. 8161 et seq. states that the Washington, DC 20423–0001) or by Enhanced-Use Lease Development of Secretary may enter into an enhanced- calling SEA, at (202) 245–0305. Property at the Department of Veterans use lease if he determines that the [Assistance for the hearing impaired is Affairs (VA) Sepulveda Ambulatory implementation of a business plan available through the Federal Care Center in Sepulveda, CA proposed by the Under Secretary for Information Relay Service (FIRS) at 1– Health for applying the consideration AGENCY: Department of Veterans Affairs. 800–877–8339.] Comments on under such a lease to the provision of environmental and historic preservation ACTION: Notice of intent to enter into an medical care and services would result matters must be filed within 15 days enhanced-use lease. in a demonstrable improvement of after the EA becomes available to the services to eligible veterans in the SUMMARY: The Secretary of the public. geographic service-delivery area within Environmental, historic preservation, Department of Veterans Affairs (VA) which the property is located. This public use, or trail use/rail banking intends to enter into two enhanced-use project meets this requirement. leases with a joint venture consisting of conditions will be imposed, where Approved: March 8, 2007. appropriate, in a subsequent decision. two not-for-profit organizations. Each enhanced-use lease will include a R. James Nicholson, Secretary of Veterans Affairs. 2 Each OFA must be accompanied by the filing building with an underlying parcel of fee, which currently is set at $1,300. See 49 CFR land. Both parcels are located on [FR Doc. E7–4827 Filed 3–15–07; 8:45 am] 1002.2(f)(25). approximately 5 acres of the VA BILLING CODE 8320–01–P

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Part II

Department of Agriculture Forest Service

36 CFR Part 242 Department of the Interior Fish and Wildlife Service

50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2007–08 Subsistence Taking of Fish and Shellfish Regulations; Final Rule

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DEPARTMENT OF AGRICULTURE enacts and implements laws of general Applicability of Subparts A, B, and C applicability that are consistent with Subparts A, B, and C (unless Forest Service ANILCA and that provide for the otherwise amended) of the Subsistence subsistence definition, preference, and Management Regulations for Public 36 CFR Part 242 participation specified in Sections 803, Lands in Alaska, 50 CFR 100.1 to 100.23 804, and 805 of ANILCA. In 1978, the and 36 CFR 242.1 to 242.23, remain DEPARTMENT OF THE INTERIOR State implemented a program that the effective and apply to this rule. Department of the Interior found to be Therefore, all definitions located at 50 Fish and Wildlife Service consistent with ANILCA. However, in CFR 100.4 and 36 CFR 242.4 apply to December 1989, the Alaska Supreme regulations found in this subpart. 50 CFR Part 100 Court ruled in McDowell v. State of Federal Subsistence Regional Advisory RIN 1018–AU57 Alaska that the rural preference in the State subsistence statute violated the Councils Subsistence Management Regulations Alaska Constitution. The Court’s ruling Pursuant to the Record of Decision, for Public Lands in Alaska, Subpart C in McDowell required the State to delete Subsistence Management Regulations and Subpart D—2007–08 Subsistence the rural preference from the for Federal Public Lands in Alaska, Taking of Fish and Shellfish subsistence statute and, therefore, April 6, 1992, and the Subsistence Regulations negated State compliance with ANILCA. Management Regulations for Federal The Court stayed the effect of the Public Lands in Alaska, 36 CFR 242.11 AGENCIES: Forest Service, Agriculture; decision until July 1, 1990. and 242.22 (2002) and 50 CFR 100.11 Fish and Wildlife Service, Interior. As a result of the McDowell decision, and 100.22 (2002), and for the purposes ACTION: Final rule. the Department of the Interior and the identified therein, we divide Alaska into Department of Agriculture 10 subsistence resource regions, each of SUMMARY: This final rule establishes (Departments) assumed, on July 1, 1990, regulations for seasons, harvest limits, which is represented by a Federal responsibility for implementation of Subsistence Regional Advisory Council methods, and means related to taking of Title VIII of ANILCA on public lands. fish and shellfish for subsistence uses (Regional Council). The Regional On June 29, 1990, the Temporary Councils provide a forum for rural during the 2007–08 regulatory year. The Subsistence Management Regulations rulemaking is necessary because residents with personal knowledge of for Public Lands in Alaska were local conditions and resource Subpart D is subject to an annual public published in the Federal Register (55 review cycle. This rulemaking replaces requirements to exercise a meaningful FR 27114). On January 8, 1999 (64 FR role in the subsistence management of the fish and shellfish taking regulations 1276), the Departments extended included in the ‘‘Subsistence fish and wildlife on Alaska public jurisdiction to include waters in which lands. The Regional Council members Management Regulations for Public there exists a Federal reserved water Lands in Alaska, Subpart C and Subpart represent varied geographical, cultural, right. This amended rule conformed the and user diversity within each region. D—2006–07 Subsistence Taking of Fish Federal Subsistence Management and Wildlife Regulations,’’ which expire The Regional Councils had a Program to the Ninth Circuit’s ruling in substantial role in reviewing the on March 31, 2007. This rule also Alaska v. Babbitt. Consistent with amends the Customary and Traditional proposed rule (70 FR 76010, December Subparts A, B, and C of these 22, 2005) and making recommendations Use Determinations of the Federal regulations, as revised May 7, 2002 (67 ll for this final rule. Moreover, the Council Subsistence Board (§ .24 of subpart FR 30559), the Departments established C). Chairs, or their designated a Federal Subsistence Board to representatives, presented their DATES ll : Sections .24(a)(2) and (3) are administer the Federal Subsistence Council’s recommendations at the Board ll effective April 1, 2007. Sections .27 Management Program. The Board’s meeting of January 9–11, 2007. ll and .28 are effective April 1, 2007, composition includes a Chair appointed Transcripts from this series of meetings through March 31, 2008. by the Secretary of the Interior with are available at http://alaska.fws.gov/ FOR FURTHER INFORMATION CONTACT: concurrence of the Secretary of asm/index.cfm. Chair, Federal Subsistence Board, c/o Agriculture; the Alaska Regional U.S. Fish and Wildlife Service, Director, U.S. Fish and Wildlife Service; Summary of Changes Attention: Peter J. Probasco, Office of the Alaska Regional Director, U.S. Section ll.24 (Customary and Subsistence Management; (907) 786– National Park Service; the Alaska State traditional use determinations) was 3888. For questions specific to National Director, U.S. Bureau of Land originally published in the Federal Forest System lands, contact Steve Management; the Alaska Regional Register (57 FR 22940) on May 29, 1992. Kessler, Regional Subsistence Program Director, U.S. Bureau of Indian Affairs; Since that time, the Board has made a Leader, USDA, Forest Service, Alaska and the Alaska Regional Forester, USDA number of Customary and Traditional Region, (907) 786–3592. Forest Service. Through the Board, these Use Determinations at the request of SUPPLEMENTARY INFORMATION: agencies participated in the impacted subsistence users. Those development of regulations for subparts modifications, along with some Background A, B, and C, and the annual subpart D administrative corrections, were last Title VIII of the Alaska National regulations. published in the Federal Register on Interest Lands Conservation Act All Board members have reviewed March 29, 2006 (71 FR 15569). During (ANILCA) (16 U.S.C. 3111–3126) this rule and agree with its substance. its January 9–11, 2007, meeting, the requires that the Secretary of the Interior Because this rule relates to public lands Board made new determinations in and the Secretary of Agriculture managed by agencies in both the addition to various annual season and (Secretaries) implement a joint program Departments of Agriculture and the harvest limit changes. The public has to grant a preference for subsistence Interior, identical text will be had extensive opportunity to review and uses of fish and wildlife resources on incorporated into 36 CFR part 242 and comment on all changes. Additional public lands, unless the State of Alaska 50 CFR part 100. details on the recent Board

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modifications are contained below in The Board rejected one proposal that Bristol Bay Fishery Management Area Analysis of Proposals Adopted by the requested placement restrictions for fish The Board adopted three proposals Board. wheels on the Copper River. The Board affecting residents of the Bristol Bay Subpart D regulations are subject to rejected this proposal as unnecessarily Alaska Fishery Management Area, an annual cycle and require restrictive for subsistence users because resulting in the following changes to the development of an entire new rule each it would cause them unnecessary regulations found in § ll.27. year. Customary and traditional use hardship. • Provided for the take of salmon by determinations are also subject to an The Board deferred for 1 year a drift gillnet in the lower 2 miles of the annual review process providing for proposal that would have closed the Togiak River. Marking of salmon taken modification each year. We published herring fishery in the Makhnati Island by drift gillnet is required. proposed Subpart D regulations for the area in order to allow the formation of • Allowed the take of salmon without 2007–08 seasons, harvest limits, and a working group to further review the a permit in Lake Clark and its tributaries methods and means on December 22, implications and issues related to this by snagging (by handline or rod and 2005, in the Federal Register (70 FR very complex fishery. reel), spear, bow and arrow, or capturing 76010). A 45-day comment period The Board rejected one proposal that by bare hand. providing for public review of the requested more stringent reporting • Allowed the take of salmon by proposed rule and calling for proposals requirements for steelhead in the Sitka beach seines not exceeding 25 fathoms was advertised by mail, radio, and area. The Board rejected this proposal as in Lake Clark, excluding its tributaries. newspaper. During that period, the unnecessarily restrictive for subsistence Cook Inlet Fishery Management Area Regional Councils met and, in addition users. to other Regional Council business, The Board rejected four other During a public work session on received suggestions for proposals from proposals that would have placed November 17, 2006, the Board made the public. The Board received a total of additional harvest restrictions on changes to the customary and 26 proposals for changes to Customary steelhead in the Sitka area. These traditional use determination for the and Traditional Use Determinations or proposals were rejected because the community of Ninilchik, recognizing its to Subpart D. Subsequent to the review Board believes that proper safeguards historical use of the Kenai River period, the Board prepared a booklet are already in place to protect steelhead drainage and northern portion of the describing the proposals and distributed populations, and the proposals would Kenai Peninsula. This action resulted it to the public. The public had an have placed unnecessary restrictions on from a request for reconsideration of a additional 30 days in which to comment subsistence users. Board action on a proposal acted on on the proposals for changes to the during the Board’s January 10–13, 2006, regulations. The 10 Regional Councils Analysis of Proposals Adopted by the meeting and was effective November 17, then met again, received public Board 2006. comments, and formulated their The Board adopted five proposals. A recommendations to the Board on Southeastern Alaska Fishery number of proposals dealing with the proposals for their respective regions. Management Area same issue were dealt with as a package. Nine of the proposals were not The Board adopted two proposals Some proposals were adopted as considered, being deferred for Board affecting residents of the Southeastern submitted and others were adopted with consideration in a future cycle. One Alaska Fishery Management Area, modifications suggested by the proposal was withdrawn by the resulting in the following changes to the respective Regional Council or originator. These final regulations regulations found in §§ ll .24 and developed during the Board’s public reflect Board review and consideration ll .27. deliberations. of Regional Council recommendations • Revised the customary and and public comments on the remaining All of the adopted proposals were traditional use determination for proposals. recommended for adoption by at least Districts 12, 13, and 14 in the Southeast one of the Regional Councils and were Alaska Fishery Management Area. Analysis of Proposals Rejected by the based on meeting customary and • Aligned Federal harvest limits for Board traditional uses, conforming with sockeye salmon in most of southeast The Board rejected, tabled, or took no harvest practices, or protecting fish Alaska with the existing State action on 11 proposals. All of the populations. Detailed information subsistence or personal use fishery. actions to reject or take no action were relating to justification for the action on During a public work session on based on recommendations from at least each proposal may be found in the November 17, 2006, the Board made one Regional Council. Board meeting transcripts, available for changes to the customary and The Board rejected one proposal review at the Office of Subsistence traditional use determination for the requesting opening the Lower Copper Management, 3601 C Street, Suite 1030, community of Gustavus, recognizing its River to a dip net and rod and reel Anchorage, Alaska, or on the Office of historical use of District 14, Sections subsistence salmon fishery. The Board Subsistence Management Web site 14B and 14C. This action resulted from rejected this proposal at the request of http://alaska.fws.gov/asm/index.cfm. a request for reconsideration of a Board the Southcentral Regional Advisory Additional technical clarifications and action on a proposal acted on during the Council because although there is not a removal of excess or duplicative text Board’s January 10–13, 2006, meeting. biological concern, all public testimony have been made, which result in a more Board action on another proposal at its from rural subsistence users opposes readable document. January 9–10, 2007, meeting has since this proposal as unnecessary to the When questions of jurisdiction are superseded the November 17, 2006 satisfaction of subsistence needs. brought to our attention, we action. The Board rejected one proposal that immediately review the issue and make requested storage restrictions for fish any appropriate modifications to our Administrative Procedure Act wheels on the Copper River. The Board regulations. In addition, we revised the Compliance rejected this proposal as unnecessarily regulations pertaining to specific The Board finds that additional public restrictive for subsistence users. management areas as follows: notice under the Administrative

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Procedure Act (APA) for this final rule Service, implemented Alternative IV as information request unless it displays a is unnecessary and contrary to the identified in the DEIS and FEIS (Record currently valid OMB control number. public interest. The Board has provided of Decision on Subsistence Management Other Requirements extensive opportunity for public input for Federal Public Lands in Alaska and involvement in excess of standard (ROD), signed April 6, 1992). The DEIS Regulatory Planning and Review APA requirements, including and the selected alternative in the FEIS (Executive Order 12866)—In accordance participation in multiple Regional defined the administrative framework of with the criteria in Executive Order Council meetings, additional public an annual regulatory cycle for 12866, this rule is not a significant review and comment on all proposals subsistence hunting and fishing regulatory action subject to OMB for regulatory change, and opportunity regulations. The final rule for review. OMB makes this determination. for additional public comment during Subsistence Management Regulations This action will not have an annual the Board meeting prior to deliberation. for Public Lands in Alaska, Subparts A, economic effect of $100 million or Additionally, an administrative B, and C (57 FR 22940, published May adversely affect any economic sector, mechanism exists (and has been used by 29, 1992; amended January 8, 1999, 64 productivity, competition, jobs, the the public) to request reconsideration of FR 1276; June 12, 2001, 66 FR 31533; environment, or other units of the Board’s decision on any particular May 7, 2002, 67 FR 30559; April 30, government. Therefore, a cost-benefit proposal for regulatory change. Over the 2003, 68 FR 23035; October 14, 2004, 68 and economic analysis is not required. 15 years the Program has been FR 60957; and December 27, 2005, 70 This action will not create operating, no benefit to the public has FR 76400) implemented the Federal inconsistencies with other agencies’ been demonstrated by delaying the Subsistence Management Program and actions or otherwise interfere with an effective date of regulations. A lapse in included a framework for an annual action taken or planned by another regulatory control could seriously affect cycle for subsistence hunting and agency. This action will not materially the continued viability of fish and fishing regulations. affect entitlements, grants, user fees, loan programs, or the rights and shellfish populations, adversely impact An environmental assessment was future subsistence opportunities for obligations of their recipients. This prepared in 1997 on the expansion of action will not raise novel legal or rural Alaskans, and would generally fail Federal jurisdiction over fisheries and is to serve the overall public interest. policy issues. available from the office listed under The Regulatory Flexibility Act of 1980 Therefore, the Board finds good cause FOR FURTHER INFORMATION CONTACT. The (5 U.S.C. 601 et seq.) requires pursuant to 5 U.S.C. 553(d) to make this Secretary of the Interior, with the preparation of flexibility analyses for rule effective less than 30 days after concurrence of the Secretary of rules that will have a significant publication. Agriculture, determined that the economic effect on a substantial number Conformance With Statutory and expansion of Federal jurisdiction did of small entities, which include small Regulatory Authorities not constitute a major Federal action businesses, organizations, or significantly affecting the human governmental jurisdictions. The National Environmental Policy Act environment and has therefore signed a Departments have determined that this Compliance Finding of No Significant Impact. rulemaking will not have a significant A Draft Environmental Impact Compliance With Section 810 of economic effect on a substantial number Statement (DEIS) for developing a ANILCA of small entities within the meaning of Federal Subsistence Management the Regulatory Flexibility Act. Program was distributed for public The intent of all Federal subsistence This rulemaking will impose no comment on October 7, 1991. That regulations is to accord subsistence uses significant costs on small entities; the document described the major issues of fish and wildlife on public lands a exact number of businesses and the associated with Federal subsistence priority over the taking of fish and amount of trade that will result from management as identified through wildlife on such lands for other this Federal land-related activity is public meetings, written comments, and purposes, unless restriction is necessary unknown. The aggregate effect is an staff analysis and examined the to conserve healthy fish and wildlife insignificant positive economic effect on environmental consequences of four populations. A Section 810 analysis was a number of small entities, such as alternatives. Proposed regulations completed as part of the FEIS process. tackle, boat, and gasoline dealers. The (Subparts A, B, and C) that would The final Section 810 analysis number of small entities affected is implement the preferred alternative determination appeared in the April 6, unknown; however, the fact that the were included in the DEIS as an 1992, ROD, which concluded that the positive effects will be seasonal in appendix. The DEIS and the proposed Federal Subsistence Management nature and will, in most cases, merely administrative regulations presented a Program may have some local impacts continue preexisting uses of public framework for an annual regulatory on subsistence uses, but the program is lands indicates that the effects will not cycle regarding subsistence hunting and not likely to significantly restrict be significant. fishing regulations (Subpart D). The subsistence uses. In general, the resources harvested Final Environmental Impact Statement Paperwork Reduction Act under this rule will be consumed by the (FEIS) was published on February 28, local harvester and do not result in a 1992. The information collection dollar benefit to the economy. However, Based on the public comment requirements contained in this rule have we estimate that about 26.2 million received, the analysis contained in the been approved by the Office of pounds of fish (including about 9 FEIS, and the recommendations of the Management and Budget (OMB) under million pounds of salmon) are harvested Federal Subsistence Board and the the Paperwork Reduction Act of 1995 by the local subsistence users annually Department of the Interior’s Subsistence (44 U.S.C. 3501 et seq.) and assigned and, if based on a replacement value of Policy Group, the Secretary of the OMB control number 1018–0075, which $3.00 per pound, would equate to $78.6 Interior, with the concurrence of the expires October 31, 2009. We may not million in food value Statewide. Secretary of Agriculture, through the conduct or sponsor, and you are not Title VIII of ANILCA requires the U.S. Department of Agriculture-Forest required to respond to, a collection of Secretaries to administer a subsistence

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preference on public lands. The scope of there are no significant direct effects. forests, Public lands, Reporting and this program is limited by definition to The Bureau of Indian Affairs is a recordkeeping requirements, Wildlife. certain public lands. Likewise, these participating agency in this rulemaking. 50 CFR Part 100 regulations have no potential takings of On May 18, 2001, the President issued private property implications as defined Executive Order 13211 on regulations Administrative practice and by Executive Order 12630. that significantly affect energy supply, procedure, Alaska, Fish, National The Service has determined and distribution, or use. This Executive forests, Public lands, Reporting and certifies pursuant to the Unfunded Order requires agencies to prepare recordkeeping requirements, Wildlife. Mandates Reform Act, 2 U.S.C. 1502 et Statements of Energy Effects when I For the reasons set out in the seq., that this rulemaking will not undertaking certain actions. As this rule preamble, the Federal Subsistence impose a cost of $100 million or more is not a significant regulatory action Board amends Title 36, part 242, and in any given year on local or State under Executive Order 13211, affecting Title 50, part 100, of the Code of Federal governments or private entities. The energy supply, distribution, or use, this Regulations, as set forth below. implementation of this rule is by action is not a significant action and no Federal agencies, and no cost is Statement of Energy Effects is required. PART — SUBSISTENCE involved to any State or local entities or MANAGEMENT REGULATIONS FOR Tribal governments. Drafting Information PUBLIC LANDS IN ALASKA The Service has determined that these William Knauer drafted these I 1. The authority citation for both 36 final regulations meet the applicable regulations under the guidance of Peter standards provided in Sections 3(a) and CFR Part 242 and 50 CFR Part 100 J. Probasco, of the Office of Subsistence continues to read as follows: 3(b)(2) of Executive Order 12988 (Civil Management, Alaska Regional Office, Authority: 16 U.S.C. 3, 472, 551, 668dd, Justice Reform). U.S. Fish and Wildlife Service, In accordance with Executive Order 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. Anchorage, Alaska. Chuck Ardizzone, 1733. 13132, the rule does not have sufficient Alaska State Office, Bureau of Land federalism implications to warrant the Management; Jerry Berg, Alaska Subpart C—Board Determinations preparation of a Federalism Assessment. Regional Office, U.S. Fish and Wildlife Title VIII of ANILCA precludes the State Service; Nancy Swanton, Alaska I 2. In Subpart C of 36 CFR part 242 and from exercising management authority Regional Office, National Park Service; 50 CFR part 100, §§ ll.24(a)(2) and (3) over wildlife resources on Federal Dr. Glenn Chen, Alaska Regional Office, are revised to read as follows: lands. Bureau of Indian Affairs; and Steve In accordance with the President’s § ll.24 Customary and traditional use Kessler, USDA—Forest Service, determinations. memorandum of April 29, 1994, provided additional guidance. ‘‘Government-to-Government Relations (a) * * * with Native American Tribal List of Subjects (2) Fish determinations. The Governments’’ (59 FR 22951), 512 DM 2, 36 CFR Part 242 following communities and areas have and E.O. 13175, we have evaluated been found to have a positive customary possible effects on Federally recognized Administrative practice and and traditional use determination in the Indian tribes and have determined that procedure, Alaska, Fish, National listed area for the indicated species:

Area Species Determination

Kotzebue Area ...... All fish ...... Residents of the Kotzebue Area. Norton Sound—Port Clarence Area: Norton Sound—Port Clarence Area, waters All fish ...... Residents of Stebbins, St. Michael, and Kotlik. draining into Norton Sound between Point Romanof and Canal Point. Norton Sound—Port Clarence Area, remainder All fish ...... Residents of the Norton Sound—Port Clarence Area. Yukon—Northern Area: Yukon River drainage ...... Salmon, other than fall chum salmon Residents of the Yukon River drainage and the community of Stebbins. Yukon River drainage ...... Fall chum salmon ...... Residents of the Yukon River drainage and the communities of Stebbins, Scammon Bay, Hoo- per Bay, and Chevak. Yukon River drainage ...... Freshwater fish (other than salmon) .. Residents of the Yukon—Northern Area. Remainder of the Yukon—Northern Area ...... All fish ...... Residents of the Yukon—Northern Area, excluding the residents of the Yukon River drainage and excluding those domiciled in Unit 26B. Tanana River drainage contained within the Freshwater fish (other than salmon) .. Residents of the Yukon—Northern Area and resi- Tetlin NWR and the Wrangell-St. Elias NPP. dents of Mentasta Lake, Chistochina, Slana, and all residents living between Mentasta Lake and Chistochina. Kuskokwim Area ...... Salmon ...... Residents of the Kuskokwim Area, except those persons residing on the United States military installations located on Cape Newenham, Sparrevohn USAFB, and Tatalina USAFB.

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Area Species Determination

Rainbow trout ...... Residents of the communities of Akiachak, Akiak, Aniak, Atmautluak, Bethel, Chuathbaluk, Crook- ed Creek, Eek, Goodnews Bay, Kasigluk, Kwethluk, Lower Kalskag, Napakiak, Napaskiak, Nunapitchuk, Oscarville, Platinum, Quinhagak, Tuluksak, Tuntutuliak, and Upper Kalskag. Pacific cod ...... Residents of the communities of Chevak, Newtok, Tununak, Toksook Bay, Nightmute, Chefornak, Kipnuk, Mekoryuk, Kwigillingok, Kongiganak, Eek, and Tuntutuliak. All other fish other than herring ...... Residents of the Kuskokwim Area, except those persons residing on the United States military installation located on Cape Newenham, Sparrevohn USAFB, and Tatalina USAFB. Waters around Nunivak Island ...... Herring and herring roe ...... Residents within 20 miles of the coast between the westernmost tip of the Naskonat Peninsula and the terminus of the Ishowik River and on Nunivak Island. Bristol Bay Area: Nushagak District, including drainages flowing Salmon and freshwater fish ...... Residents of the Nushagak District and freshwater into the district. drainages flowing into the district. Naknek-Kvichak District—Naknek River drain- Salmon and freshwater fish ...... Residents of the Naknek and Kvichak River drain- age. ages. Naknek-Kvichak District—Kvichak/Iliamna-Lake Salmon and freshwater fish ...... Residents of the Kvichak/Iliamna-Lake Clark drain- Clark drainage. age. Togiak District, including drainages flowing into Salmon and freshwater fish ...... Residents of the Togiak District, freshwater drain- the district. ages flowing into the district, and the community of Manokotak. Egegik District, including drainages flowing into Salmon and freshwater fish ...... Residents of South Naknek, the Egegik District the district. and freshwater drainages flowing into the dis- trict. Ugashik District, including drainages flowing Salmon and freshwater fish ...... Residents of the Ugashik District and freshwater into the district. drainages flowing into the district. Togiak District ...... Herring spawn on kelp ...... Residents of the Togiak District and freshwater drainages flowing into the district. Aleutian Islands Area ...... All fish ...... Residents of the Aleutian Islands Area and the Pribilof Islands. Alaska Peninsula Area ...... Halibut ...... Residents of the Alaska Peninsula Area and the communities of Ivanof Bay and Perryville. All other fish in the Alaska Peninsula Residents of the Alaska Peninsula Area. Area. Chignik Area ...... Halibut, salmon and fish other than Residents of the Chignik Area. rainbow/steelhead trout. Kodiak Area—except the Mainland District, all wa- Salmon ...... Residents of the Kodiak Island Borough, except ters along the south side of the Alaska Peninsula those residing on the Kodiak Coast Guard Base. bounded by the latitude of Cape Douglas (58°51.10′ North latitude) mid-stream Shelikof Strait, north and east of the longitude of the southern entrance of Imuya Bay near Kilokak Rocks (57°10.34′ North latitude, 156°20.22′ West longitude). Kodiak Area...... Fish other than rainbow/steelhead Residents of the Kodiak Area. trout and salmon. Cook Inlet Area: Kenai Peninsula District—Waters north of and All fish ...... Residents of the communities of Hope, Cooper includng the Kenai River drainage within the Landing, and Ninilchik. Kenai National Wildlife Refuge an the Chu- gach National Forest. Waters within the Kasilof River drainage within All fish ...... Residents of the community of Ninilchik. the Kenai NWR. Waters within Lake Clark National Park drain- Salmon ...... Residents of the Tuxedni Bay area. ing into and including that portion of Tuxedni Bay within the park. Cook Inlet Area—Remainder ...... Fish other than salmon, Dolly Varden, Residents of the Cook Inlet Area. trout, char, grayling, and burbot. Prince William Sound Area: Southwestern District and Green Island ...... Salmon ...... Residents of the Southwestern District, which is mainland waters from the outer point on the north shore of Granite Bay to Cape Fairfield, and Knight Island, Chenega Island, Bainbridge Island, Evans Island, Elrington Island, Latouche Island and adjacent islands.

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Area Species Determination

North of a line from Porcupine Point to Granite Salmon ...... Residents of the villages of Tatitlek and Ellamar. Point, and south of a line from Point Lowe to Tongue Point. Copper River drainage upstream from Haley Freshwater fish...... Residents of Cantwell, Chisana, Chistochina, Creek. Chitina, Copper Center, Dot Lake, Gakona, Gakona Junction, Glennallen, Gulkana, Healy Lake, Kenny Lake, Lower Tonsina, McCarthy, Mentasta Lake, Nabesna, Northway, Slana, Tanacross, Tazlina, Tetlin, Tok, Tonsina, and those individuals that live along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Gulkana National Wild and Scenic River ...... Freshwater fish ...... Residents of Cantwell, Chisana, Chistochina, Chitina, Copper Center, Dot Lake, Gakona, Gakona Junction, Glennallen, Gulkana, Healy Lake, Kenny Lake, Lower Tonsina, McCarthy, Mentasta Lake, Nabesna, Northway, Paxson- Sourdough, Slana, Tanacross, Tazlina, Tetlin, Tok, Tonsina, and those individuals that live along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Waters of the Prince William Sound Area, ex- Freshwater fish (trout, char, whitefish, Residents of the Prince William Sound Area, ex- cept for the Copper River drainage upstream suckers, grayling, and burbot). cept those living in the Copper River drainage of Haley Creek. upstream of Haley Creek. Chitina Subdistrict of the Upper Copper River Salmon ...... Residents of Cantwell, Chickaloon, Chisana, District. Christochina, Chitina, Copper Center, Dot Lake, Gakona, Gakona Junction, Glennallen, Gulkana, Healy Lake, Kenny Lake, Lower Tonsina, McCarthy, Mentasta Lake, Nabesna, Northway, Paxson-Sourdough, Slana, Tanacross, Tazlina, Tetlin, Tok, Tonsina, and those individuals that live along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Glennallen Subdistrict of the Upper Copper Salmon ...... Residents of the Prince William Sound Area and River District. residents of Cantwell, Chickaloon, Chisana, Dot Lake, Healy Lake, Northway, Tanacross, Tetlin, Tok, and those individuals living along the Alas- ka Highway from the Alaskan/Canadian border to Dot Lake, along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Waters of the Copper River between National Salmon ...... Residents of Mentasta Lake and Dot Lake. Park Service regulatory markers located near the mouth of Tanada Creek, and in Tanada Creek between National Park Serv- ice regulatory markers identifying the open waters of the creek. Remainder of the Prince William Sound Area .. Salmon ...... Residents of the Prince William Sound Area. Waters of the Bering River area from Point Eulachon ...... Residents of Cordova. Martin to Cape Suckling. Waters of the Copper River Delta from the Eulachon ...... Residents of Cordova, Chenega Bay, and Tatitlek. Eyak River to Point Martin. Yakutat Area: Fresh water upstream from the terminus of Salmon ...... Residents of the area east of Yakutat Bay, includ- streams and rivers of the Yakutat Area from ing the islands within Yakutat Bay, west of the the Doame River to the Tsiu River. Situk River drainage, and south of and including Knight Island. Fresh water upstream from the terminus of Dolly Varden, steelhead trout, and Residents of the area east of Yakutat Bay, includ- streams and rivers of the Yakutat Area from smelt. ing the islands within Yakutat Bay, west of the the Doame River to Point Manby. Situk River drainage, and south of and including Knight Island. Remainder of the Yakutat Area ...... Dolly Varden, trout, smelt, and Residents of Southeastern Alaska and Yakutat eulachon. Areas. Southeastern Alaska Area: District 1—Section 1E in waters of the Naha Salmon, Dolly Varden, trout, smelt, Residents of the City of Saxman. River and Roosevelt Lagoon. and eulachon. District 1—Section 1F in Boca de Quadra in Salmon, Dolly Varden, trout, smelt, Residents of the City of Saxman. waters of Sockeye Creek and Hugh Smith and eulachon. Lake within 500 yards of the terminus of Sockeye Creek. Districts 2, 3, and 5 and waters draining into Salmon, Dolly Varden, trout, smelt, Residents living south of Sumner Strait and west those Districts. and eulachon. of Clarence Strait and Kashevaroff Passage.

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Area Species Determination

District 5—North of a line from Point Barrie to Salmon, Dolly Varden, trout, smelt, Residents of the City of Kake and in Kupreanof Is- Boulder Point. and eulachon. land drainages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 6 and waters draining into that District Salmon, Dolly Varden, trout, smelt, Residents of the living south of Sumner Strait and and eulachon. west of Clarence Strait and Kashevaroff Pas- sage; residents of drainages flowing into District 6 north of the latitude of Point Alexander (Mitkof Island); residents of drainages flowing into Dis- tricts 7 & 8, including the communities of Pe- tersburg & Wrangell; and residents of the com- munities of Meyers Chuck and Kake. District 7 and waters draining into that District Salmon, Dolly Varden, trout, smelt, Residents of drainages flowing into District 6 north and eulachon. of the latitude of Point Alexander (Mitkof Island); residents of drainages flowing into Districts 7 & 8, including the communities of Petersburg & Wrangell; and residents of the communities of Meyers Chuck and Kake. District 8 and waters draining into that District Salmon, Dolly Varden, trout, smelt, Residents of drainages flowing into Districts 7 & 8, and eulachon. residents of drainages flowing into District 6 north of the latitude of Point Alexander (Mitkof Island), and residents of Meyers Chuck. District 9—Section 9A ...... Salmon, Dolly Varden, trout, smelt, Residents of the City of Kake and in Kupreanof Is- and eulachon. land drainages emptying into Keku Strait south of Point White and north of Portage Bay boat harbor. District 9—Section 9B north of the latitude of Salmon, Dolly Varden, trout, smelt, Residents of the City of Kake and in Kupreanof Is- Swain Point. and eulachon. land drainages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 10—West of a line from Pinta Point to Salmon, Dolly Varden, trout, smelt, Residents of the City of Kake and in Kupreanof Is- False Point Pybus. and eulachon. land drainages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 12—South of a line from Fishery Point Salmon, Dolly Varden, trout, smelt, Residents of the City of Angoon and along the to south Passage Point and north of the lati- and eulachon. western shore of Admiralty Island north of the tude of Point Caution. latitude of Sand Island, south of the latitude of Thayer Creek, and west of 134°30′ West lon- gitude, including Killisnoo Island. District 12—Section 12A, excluding the area All fish ...... Residents of drainages flowing into Districts 12 south of a line from Fishery Point to South and 14. Passage Point Section 12B. District 13—Section 13A, south of the latitude Salmon, Dolly Varden, trout, smelt, Residents of the City and Borough of Sitka in of Cape Edward. and eulachon. drainages that empty into Section 13B north of the latitude of Dorothy Narrows. District 13—Section 13A, excluding the area All fish ...... Residents of drainages flowing into Sections 13A, south of the latitude of Cape Edward. 13B, and District 14. District 13—Section 13B north of the latitude of Salmon, Dolly Varden, trout, smelt, Residents of the City and Borough of Sitka in Redfish Cape. and eulachon. drainages that empty into Section 13B north of the latitude of Dorothy Narrows. District 13—Section 13C ...... Salmon, Dolly Varden, trout, smelt, Residents of the City and Borough of Sitka in and eulachon. drainages that empty into Section 13B north of the latitude of Dorothy Narrows. District 13—Section 13C east of the longitude Salmon, Dolly Varden, trout, smelt, Residents of the City of Angoon and along the of Point Elizabeth. and eulachon. western shore of Admiralty Island north of the latitude of Sand Island, south of the latitude of Thayer Creek, and west of 134°30′ West lon- gitude, including Killisnoo Island. District 14 ...... All fish ...... Residents of drainages flowing into Sections 12A, 13A, and District 14. Remainder of the Southeastern Alaska Area ... Dolly Varden, trout, smelt, and Residents of Southeastern Alaska and Yakutat eulachon. Areas.

(3) Shellfish determinations. The and traditional use determination in the following communities and areas have listed area for the indicated species: been found to have a positive customary

Area Species Determination

Bering Sea Area ...... All shellfish ...... Residents of the Bering Sea Area.

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Area Species Determination

Alaska Peninsula-Aleutian Islands Area ...... Shrimp Dungeness, and Tanner crab Residents of the Alaska Peninsula-Aleutian Is- lands Area. Kodiak Area ...... Shrimp, Dungeness, and Tanner crab Residents of the Kodiak Area. Kodiak Area, except for the Semidi Island, the King crab ...... Residents of the Kodiak Island Borough, except North Mainland, and the South Mainland those residents on the Kodiak Coast Guard Sections. base. Cook Inlet Area: Federal waters in the Tuxedni Bay Area within Shellfish ...... Residents of Tuxedni Bay, Chisik Island, and the boundaries of Lake Clark National Park. Tyonek. Prince William Sound Area ...... Shrimp, clams, Dungeness, king, and Residents of the Prince William Sound Area. Tanner crab. Southeastern Alaska—Yakutat Area: Section 1E south of the latitude of Grant Island Shellfish, except shrimp, king crab, Residents of the Southeast Area. light. and Tanner crab.. Section 1F north of the latitude of the northern- Shellfish, except shrimp, king crab, Residents of the Southeast Area. most tip of Mary Island, except waters of and Tanner crab. Boca de Quadra. Section 3A and 3B ...... Shellfish, except shrimp, king crab, Residents of the Southeast Area. and Tanner crab. District 13...... Dungeness crab, shrimp, abalone, Residents of the Southeast Area. sea cucumbers, gum boots, cock- les, and clams, except geoducks.

* * * * * (vi) Troll gear; this section, satisfy the following: a (vii) A fish wheel; sidewall, which may include the tunnel, Subpart D—Subsistance Taking of (viii) A trawl; must contain an opening at least 18 Fish and Wildlife (ix) A pot; inches in length, except that shrimp (x) A longline; I pots must contain an opening at least 6 3. In Subpart D of 36 CFR part 242 and (xi) A fyke net; inches in length. The opening must be ll ll 50 CFR part 100, §§ .27 and .28 (xii) A lead; laced, sewn, or secured together by a are added effective April 1, 2007, (xiii) A herring pound; single length of treated or untreated (xiv) A dip net; through March 31, 2008, to read as twine, no larger than 36 thread. A follows: (xv) Jigging gear; (xvi) A mechanical jigging machine; galvanic timed-release device, designed § ll.27 Subsistence taking of fish. (xvii) A handline; to release in no more than 30 days in (a) Applicability. (1) Regulations in (xviii) A cast net; saltwater, must be integral to the length this section apply to the taking of fish (xix) A rod and reel; and of twine so that, when the device or their parts for subsistence uses. (xx) A spear. releases, the twine will no longer secure (2) You may take fish for subsistence (2) You must include an escape or obstruct the opening of the pot. The uses at any time by any method unless mechanism on all pots used to take fish twine may be knotted only at each end you are restricted by the subsistence or shellfish. The escape mechanisms are and at the attachment points on the fishing regulations found in this section. as follows: galvanic timed-release device. The The harvest limit specified in this (i) A sidewall, which may include the opening must be within 6 inches of the section for a subsistence season for a tunnel, of all shellfish and bottomfish bottom of the pot and must be parallel species and the State harvest limit set pots must contain an opening equal to with it. The twine may not be tied or for a State season for the same species or exceeding 18 inches in length, except looped around the web bars. are not cumulative, except as modified that in shrimp pots the opening must be (3) For subsistence fishing for salmon, by regulations in § ll.27(i). This a minimum of 6 inches in length. The you may not use a gillnet exceeding 50 means that if you have taken the harvest opening must be laced, sewn, or secured fathoms in length, unless otherwise limit for a particular species under a together by a single length of untreated, specified in this section. The gillnet web subsistence season specified in this 100 percent cotton twine, no larger than must contain at least 30 filaments of section, you may not, after that, take any 30 thread. The cotton twine may be equal diameter or at least 6 filaments, additional fish of that species under any knotted at each end only. The opening each of which must be at least 0.20 other harvest limit specified for a State must be within 6 inches of the bottom millimeter in diameter. season. of the pot and must be parallel with it. (4) Except as otherwise provided for (b) [Reserved]. The cotton twine may not be tied or in this section, you may not obstruct (c) Methods, means, and general looped around the web bars. Dungeness more than one-half the width of any restrictions. (1) Unless otherwise crab pots may have the pot lid tie-down stream with any gear used to take fish specified in this section or under terms straps secured to the pot at one end by for subsistence uses. of a required subsistence fishing permit a single loop of untreated, 100 percent (5) You may not use live (as may be modified by this section), cotton twine no larger than 60 thread, or nonindigenous fish as bait. you may use the following legal types of the pot lid must be secured so that, (6) You must have your first initial, gear for subsistence fishing: when the twine degrades, the lid will no last name, and address plainly and (i) A set gillnet; longer be securely closed; legibly inscribed on the side of your fish (ii) A drift gillnet; (ii) All king crab, Tanner crab, wheel facing midstream of the river. (iii) A purse seine; shrimp, miscellaneous shellfish and (7) You may use kegs or buoys of any (iv) A hand purse seine; bottomfish pots may, instead of color but red on any permitted gear, (v) A beach seine; complying with paragraph (c)(2)(i) of except in the following areas where kegs

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or buoys of any color, including red, define customary trade differently for permit. Harvest limits applicable to the may be used: separate regions of the State. use of a rod and reel to take fish for (i) Yukon-Northern Area; and (i) Bristol Bay Fishery Management subsistence uses shall be as follows: (ii) Kuskokwim Area. Area—The total cash value per (i) If you are required to obtain a (8) You must have your first initial, household of salmon taken within subsistence fishing permit for an area, last name, and address plainly and Federal jurisdiction in the Bristol Bay that permit is required to take fish for legibly inscribed on each keg, buoy, Fishery Management Area and subsistence uses with rod and reel in stakes attached to gillnets, stakes exchanged in customary trade between that area. The harvest and possession identifying gear fished under the ice, rural residents and individuals other limits for taking fish with a rod and reel and any other unattended fishing gear than rural residents may not exceed in those areas are the same as indicated which you use to take fish for $400.00 annually. These customary on the permit issued for subsistence subsistence uses. trade sales must be immediately fishing with other gear types; (9) You may not use explosives or recorded on a customary trade (ii) Except as otherwise provided for chemicals to take fish for subsistence recordkeeping form. The recording in this section, if you are not required uses. requirement and the responsibility to to obtain a subsistence fishing permit (10) You may not take fish for ensure the household limit is not for an area, the harvest and possession subsistence uses within 300 feet of any exceeded rest with the seller. limits for taking fish for subsistence dam, fish ladder, weir, culvert or other (ii) Upper Copper River District—The uses with a rod and reel are the same artificial obstruction, unless otherwise total cash value of salmon per as for taking fish under State of Alaska indicated. household taken within the Upper subsistence fishing regulations in those same areas. If the State does not have a (11) Transactions between rural Copper River District and exchanged in specific subsistence season and/or residents. Rural residents may exchange customary trade between rural residents harvest limit for that particular species, in customary trade subsistence- and individuals other than rural the limit shall be the same as for taking harvested fish, their parts, or their eggs, residents may not exceed $500.00 fish under State of Alaska sport fishing legally taken under the regulations in annually. No more than 50% of the regulations. this part, for cash from other rural annual household limit may be sold (18) Unless restricted in this section, residents. The Board may recognize under paragraphs ll.27(c)(11) and or unless restricted under the terms of regional differences and define (12) when taken together. These a subsistence fishing permit, you may customary trade differently for separate customary trade sales must be take fish for subsistence uses at any regions of the State. immediately recorded on a customary trade recordkeeping form. The recording time. (i) Bristol Bay Fishery Management (19) Provisions on ADF&G subsistence Area—The total cash value per requirement and the responsibility to ensure the household limit is not fishing permits that are more restrictive household of salmon taken within or in conflict with the provisions Federal jurisdiction in the Bristol Bay exceeded rest with the seller. (13) No sale to, nor purchase by, contained in this section do not apply Fishery Management Area and fisheries businesses. to Federal subsistence users. exchanged in customary trade to rural (i) You may not sell fish, their parts, (20) You may not intentionally waste residents may not exceed $500.00 or their eggs taken under the regulations or destroy any subsistence-caught fish annually. in this part to any individual, business, or shellfish; however, you may use for (ii) Upper Copper River District—The or organization required to be licensed bait or other purposes, whitefish, total number of salmon per household as a fisheries business under Alaska herring, and species for which harvest taken within the Upper Copper River Statute AS 43.75.011 (commercial limits, seasons, or other regulatory District and exchanged in customary limited-entry permit or crew license methods and means are not provided in trade to rural residents may not exceed holders excluded) or to any other this section, as well as the head, tail, 50% of the annual harvest of salmon by business as defined under Alaska fins, and viscera of legally taken the household. No more than 50% of the Statute 43.70.110(1) as part of its subsistence fish. annual household limit may be sold business transactions. (21) The taking of fish from waters under paragraphs ll.27(c)(11) and (ii) If you are required to be licensed within Federal jurisdiction is authorized (12) when taken together. These as a fisheries business under Alaska outside of published open seasons or customary trade sales must be Statute AS 43.75.011 (commercial harvest limits if the harvested fish will immediately recorded on a customary limited-entry permit or crew license be used for food in traditional or trade recordkeeping form. The recording holders excluded) or are a business as religious ceremonies that are part of requirement and the responsibility to defined under Alaska Statute funerary or mortuary cycles, including ensure the household limit is not 43.70.110(1), you may not purchase, memorial potlatches, provided that: exceeded rests with the seller. receive, or sell fish, their parts, or their (i) Prior to attempting to take fish, the (12) Transactions between a rural eggs taken under the regulations in this person (or designee) or Tribal resident and others. In customary trade, part as part of your business Government organizing the ceremony a rural resident may trade fish, their transactions. contacts the appropriate Federal parts, or their eggs, legally taken under (14) Except as provided elsewhere in fisheries manager to provide the nature the regulations in this part, for cash this section, you may not take rainbow/ of the ceremony, the parties and/or from individuals other than rural steelhead trout. clans involved, the species and the residents if the individual who (15) You may not use fish taken for number of fish to be taken, and the purchases the fish, their parts, or their subsistence use or under subsistence Federal waters from which the harvest eggs uses them for personal or family regulations in this part as bait for will occur; consumption. If you are not a rural commercial or sport fishing purposes. (ii) The taking does not violate resident, you may not sell fish, their (16) [Reserved]. recognized principles of fisheries parts, or their eggs taken under the (17) Unless specified otherwise in this conservation, and uses the methods and regulations in this part. The Board may section, you may use a rod and reel to means allowable for the particular recognize regional differences and take fish without a subsistence fishing species published in the applicable

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Federal regulations (the Federal (iv) If specified on the permit, you Kobuk River drainage and from May 15 fisheries manager will establish the must record, prior to leaving the harvest to October 31 in the Selawik River number, species, or place of taking if site, daily records of the catch, showing drainage. Only one gillnet 100 feet or necessary for conservation purposes); the number of fish taken by species, less in length with a stretched-mesh size (iii) Each person who takes fish under location and date of catch, and other from 21⁄2 to 41⁄2 inches may be used per this section must, as soon as practical, such information as may be required for site. You must check your net at least and not more than 15 days after the management or conservation purposes; once in every 24-hour period. harvest, submit a written report to the and (2) Norton Sound-Port Clarence Area. appropriate Federal fisheries manager, (v) If the return of catch information The Norton Sound-Port Clarence Area specifying the harvester’s name and necessary for management and includes all waters of Alaska between address, the number and species of fish conservation purposes is required by a the latitude of the westernmost tip of taken, and the date and locations of the fishing permit and you fail to comply Cape Prince of Wales and the latitude of taking; and with such reporting requirements, you Point Romanof, including those waters (iv) No permit is required for taking are ineligible to receive a subsistence of Alaska surrounding St. Lawrence under this section; however, the permit for that activity during the Island and those waters draining into harvester must be eligible to harvest the following calendar year, unless you the Bering Sea. resource under Federal regulations. demonstrate that failure to report was (i) Unless otherwise restricted in this (d) [Reserved]. due to loss in the mail, accident, section, you may take fish at any time (e) Fishing permits and reports. (1) sickness, or other unavoidable in the Port Clarence District. You may take salmon only under the circumstances. You must also return (ii) In the Norton Sound District, you authority of a subsistence fishing any tags or transmitters that have been may take fish at any time except as permit, unless a permit is specifically attached to fish for management and follows: not required in a particular area by the conservation purposes. (A) In Subdistricts 2 through 6, if you subsistence regulations in this part, or (f) Relation to commercial fishing are a commercial fishermen, you may unless you are retaining salmon from activities. (1) If you are a Federally- not fish for subsistence purposes during your commercial catch consistent with qualified subsistence user who also the weekly closures of the State paragraph (f) of this section. commercial fishes, you may retain fish commercial salmon fishing season, (2) The U.S. Fish and Wildlife Service for subsistence purposes from your except that from July 15 through August Office of Subsistence Management may lawfully-taken commercial catch. 1, you may take salmon for subsistence issue a permit to harvest fish for a (2) When participating in a purposes 7 days per week in the qualifying cultural/educational program commercial and subsistence fishery at Unalakleet and Shaktoolik River to an organization that has been granted the same time, you may not use an drainages with gillnets which have a amount of combined fishing gear in stretched-mesh size that does not a Federal subsistence permit for a 1 similar event within the previous 5 excess of that allowed under the exceed 4 ⁄2 inches, and with beach years. A qualifying program must have appropriate commercial fishing seines; (B) In the Unalakleet River from June instructors, enrolled students, minimum regulations. 1 through July 15, you may take salmon attendance requirements, and standards (g) You may not possess, transport, only from 8 a.m. Monday until 8 p.m. for successful completion of the course. give, receive, or barter subsistence-taken Saturday. Applications must be submitted to the fish or their parts which have been taken contrary to Federal law or (iii) You may take salmon only by Office of Subsistence Management 60 gillnets, beach seines, fish wheel, or a days prior to the earliest desired date of regulation or State law or regulation (unless superseded by regulations in rod and reel. harvest. Permits will be issued for no (iv) You may take fish other than more than 25 fish per culture/education this part). (h) [Reserved] salmon by set gillnet, drift gillnet, beach camp. Appeal of a rejected request can (i) Fishery management area seine, fish wheel, pot, long line, fyke be made to the Federal Subsistence restrictions. (1) Kotzebue Area. The net, jigging gear, spear, lead, or a rod Board. Application for an initial permit Kotzebue Area includes all waters of and reel. for a qualifying cultural/educational Alaska between the latitude of the (v) In the Unalakleet River from June program, for a permit when the westernmost tip of Point Hope and the 1 through July 15, you may not operate circumstances have changed latitude of the westernmost tip of Cape more than 25 fathoms of gillnet in the significantly, when no permit has been Prince of Wales, including those waters aggregate nor may you operate an issued within the previous 5 years, or draining into the Chukchi Sea. unanchored gillnet. when there is a request for harvest in (i) You may take fish for subsistence (vi) Only one subsistence fishing excess of that provided in this purposes without a permit. permit will be issued to each household paragraph (e)(2), will be considered by (ii) You may take salmon only by per year. the Federal Subsistence Board. gillnets, beach seines, or a rod and reel. (3) Yukon-Northern Area. The Yukon- (3) If a subsistence fishing permit is (iii) In the Kotzebue District, you may Northern Area includes all waters of required by this section, the following take sheefish with gillnets that are not Alaska between the latitude of Point permit conditions apply unless more than 50 fathoms in length, nor Romanof and the latitude of the otherwise specified in this section: more than 12 meshes in depth, nor have westernmost point of the Naskonat (i) You may not take more fish for a stretched-mesh size larger than 7 Peninsula, including those waters subsistence use than the limits set out inches. draining into the Bering Sea, and all in the permit; (iv) You may not obstruct more than waters of Alaska north of the latitude of (ii) You must obtain the permit prior one-half the width of a stream, creek, or the westernmost tip of Point Hope and to fishing; slough with any gear used to take fish west of 141° West longitude, including (iii) You must have the permit in your for subsistence uses, except from May those waters draining into the Arctic possession and readily available for 15 to July 15 and August 15 to October Ocean and the Chukchi Sea. inspection while fishing or transporting 31 when taking whitefish or pike in (i) Unless otherwise restricted in this subsistence-taken fish; streams, creeks, or sloughs within the section, you may take fish in the Yukon-

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Northern Area at any time. You may (viii) In Subdistrict 4A after the than 150 feet in length from June 10 subsistence fish for salmon with rod and opening of the State commercial salmon through July 14, and chum salmon by reel in the Yukon River drainage 24 fishing season, you may not take salmon drift gillnets after August 2; hours per day, 7 days per week, unless for subsistence for 12 hours (B) In Subdistrict 4A downstream rod and reel are specifically otherwise immediately before, during, and for 12 from the mouth of Stink Creek, you may restricted in § ll.27(i)(3). hours after each State commercial take Chinook salmon by drift gillnets (ii) For the Yukon River drainage, salmon fishing period; however, you less than 150 feet in length from June 10 Federal subsistence fishing schedules, may take Chinook salmon during the through July 14; openings, closings, and fishing methods State commercial fishing season, with (C) In the Yukon River mainstem, are the same as those issued for the drift gillnet gear only, from 6 p.m. Subdistricts 4B and 4C with a Federal subsistence taking of fish under Alaska Sunday until 6 p.m. Tuesday and from subsistence fishing permit, you may Statutes (AS 16.05.060), unless 6 p.m. Wednesday until 6 p.m. Friday. take Chinook salmon during the last 18- superseded by a Federal Special Action. (ix) You may not subsistence fish in hour period of the weekly regulatory (iii) In the following locations, you the following drainages located north of opening(s) by drift gillnets no more than may take salmon during the open the main Yukon River: 150 feet long and no more than 35 weekly fishing periods of the State (A) Kanuti River upstream from a meshes deep, from June 10 through July commercial salmon fishing season and point 5 miles downstream of the State 14. may not take them for 24 hours before highway crossing; the opening of the State commercial (B) Bonanza Creek; (xvi) Unless otherwise specified in salmon fishing season: (C) Jim River including Prospect and this section, you may take fish other (A) In District 4, excluding the Douglas Creeks. than salmon and halibut by set gillnet, Koyukuk River drainage; (x) You may not subsistence fish in drift gillnet, beach seine, fish wheel, (B) In Subdistricts 4B and 4C from the Delta River. long line, fyke net, dip net, jigging gear, June 15 through September 30, salmon (xi) In Beaver Creek downstream from spear, lead, or rod and reel, subject to may be taken from 6 p.m. Sunday until the confluence of Moose Creek, a gillnet the following restrictions, which also 6 p.m. Tuesday and from 6 p.m. with mesh size not to exceed 3-inches apply to subsistence salmon fishing: Wednesday until 6 p.m. Friday; stretch-measure may be used from June (A) During the open weekly fishing (C) In District 6, excluding the 15 through September 15. You may periods of the State commercial salmon Kantishna River drainage, salmon may subsistence fish for all non-salmon fishing season, if you are a commercial be taken from 6 p.m. Friday until 6 p.m. species but may not target salmon fisherman, you may not operate more Wednesday. during this time period (retention of than one type of gear at a time, for (iv) During any State commercial salmon taken incidentally to non- commercial, personal use, and salmon fishing season closure of greater salmon directed fisheries is allowed). subsistence purposes; than five days in duration, you may not From the mouth of Nome Creek (B) You may not use an aggregate take salmon during the following downstream to the confluence of Moose length of set gillnet in excess of 150 periods in the following districts: Creek, only rod and reel may be used. fathoms and each drift gillnet may not (A) In District 4, excluding the From the mouth of Nome Creek exceed 50 fathoms in length; Koyukuk River drainage, salmon may downstream to the confluence of (C) In Districts 4, 5, and 6, you may not be taken from 6 p.m. Friday until 6 O’Brien Creek, the daily harvest and not set subsistence fishing gear within p.m. Sunday; possession limit is 5 grayling; from the 200 feet of other operating commercial (B) In District 5, excluding the Tozitna mouth of O’Brien Creek downstream to use, personal use, or subsistence fishing River drainage and Subdistrict 5D, the confluence of Moose Creek, the gear except that, at the site salmon may not be taken from 6 p.m. daily harvest and possession limit is 10 approximately 1 mile upstream from Sunday until 6 p.m. Tuesday. grayling. The Nome Creek drainage of Ruby on the south bank of the Yukon (v) Except as provided in this section, Beaver Creek is closed to subsistence River between ADF&G regulatory and except as may be provided by the fishing for grayling. markers containing the area known terms of a subsistence fishing permit, (xii) You may not subsistence fish in locally as the ‘‘Slide,’’ you may set you may take fish other than salmon at the Toklat River drainage from August subsistence fishing gear within 200 feet any time. 15 through May 15. of other operating commercial or (vi) In Districts 1, 2, 3, and Subdistrict (xiii) You may take salmon only by subsistence fishing gear, and in District 4A, excluding the Koyukuk and Innoko gillnet, beach seine, fish wheel, or rod 4, from Old Paradise Village upstream to River drainages, you may not take and reel, subject to the restrictions set a point 4 miles upstream from Anvik, salmon for subsistence purposes during forth in this section. there is no minimum distance (xiv) In District 4, if you are a the 24 hours immediately before the requirement between fish wheels; opening of the State commercial salmon commercial fisherman, you may not fishing season. take salmon for subsistence purposes (D) During the State commercial (vii) In Districts 1, 2, and 3: during the State commercial salmon salmon fishing season, within the (A) After the opening of the State fishing season using gillnets with Yukon River and the Tanana River commercial salmon fishing season stretched-mesh larger than 6-inches below the confluence of the Wood through July 15, you may not take after a date specified by ADF&G River, you may use drift gillnets and salmon for subsistence for 18 hours emergency order issued between July 10 fish wheels only during open immediately before, during, and for 12 and July 31. subsistence salmon fishing periods; hours after each State commercial (xv) In Districts 4, 5, and 6, you may (E) In Birch Creek, gillnet mesh size salmon fishing period; not take salmon for subsistence may not exceed 3-inches stretch- (B) After July 15, you may not take purposes by drift gillnets, except as measure from June 15 through salmon for subsistence for 12 hours follows: September 15. immediately before, during, and for 12 (A) In Subdistrict 4A upstream from (xvii) In District 4, from September 21 hours after each State commercial the mouth of Stink Creek, you may take through May 15, you may use jigging salmon fishing period. Chinook salmon by drift gillnets less gear from shore ice.

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(xviii) You must possess a subsistence commercial salmon fishing period in (A) Gillnets with 6-inch or smaller fishing permit for the following each district. stretched-mesh may not be more than 45 locations: (v) In District 2, and anywhere in meshes in depth; (A) For the Yukon River drainage tributaries that flow into the (B) Gillnets with greater than 6-inch from the mouth of Hess Creek to the Kuskokwim River within that district, stretched-mesh may not be more than 35 mouth of the Dall River; from June 1 through September 8 you meshes in depth. (B) For the Yukon River drainage from may not take salmon by net gear or fish (xv) You may take halibut only by a the upstream mouth of 22 Mile Slough wheel for 16 hours before or during, and single handheld line with no more than to the U.S.-Canada border; for 6 hours after each open commercial two hooks attached to it. (C) Only for salmon in the Tanana salmon fishing period in the district. (xvi) You may not use subsistence set River drainage above the mouth of the You may subsistence fish for salmon and drift gillnets exceeding 15 fathoms Wood River. with rod and reel 24 hours per day, 7 in length in Whitefish Lake in the Ophir (xix) Only one subsistence fishing days per week, unless rod and reel are Creek drainage. You may not operate permit will be issued to each household specifically restricted by paragraph (i)(4) more than one subsistence set or drift per year. of this section. gillnet at a time in Whitefish Lake in the (xx) In Districts 1, 2, and 3, you may (vi) You may not take subsistence fish Ophir Creek drainage. You must check not possess Chinook salmon taken for by nets in the Goodnews River east of the net at least once every 24 hours. subsistence purposes unless the dorsal a line between ADF&G regulatory (xvii) You may take rainbow trout fin has been removed immediately after markers placed near the mouth of the only in accordance with the following landing. Ufigag River and an ADF&G regulatory restrictions: (xxi) In the Yukon River drainage, marker placed near the mouth of the (A) You may take rainbow trout only Chinook salmon must be used primarily Tunulik River 16 hours before or during, by the use of gillnets, dip nets, fyke for human consumption and may not be and for 6 hours after each State open nets, handline, spear, rod and reel, or targeted for dog food. Dried Chinook commercial salmon fishing period. jigging through the ice; (B) You may not use gillnets, dip nets, salmon may not be used for dog food (vii) You may not take subsistence or fyke nets for targeting rainbow trout anywhere in the Yukon River drainage. fish by nets in the Kanektok River from March 15 through June 15; Whole fish unfit for human upstream of ADF&G regulatory markers (C) If you take rainbow trout consumption (due to disease, placed near the mouth 16 hours before incidentally in other subsistence net deterioration, deformities), scraps, and or during, and for 6 hours after each fisheries and through the ice, you may small fish (16 inches or less) may be fed State open commercial salmon fishing retain them for subsistence purposes; period. to dogs. Also, whole Chinook salmon (D) There are no harvest limits with (viii) You may not take subsistence caught incidentally during a subsistence handline, spear, rod and reel, or jigging. chum salmon fishery in the following fish by nets in the Arolik River (5) Bristol Bay Area. The Bristol Bay time periods and locations may be fed upstream of ADF&G regulatory markers Area includes all waters of Bristol Bay, to dogs: placed near the mouth 16 hours before including drainages enclosed by a line (A) After July 10 in the Koyukuk River or during, and for 6 hours after each from Cape Newenham to Cape drainage; State open commercial salmon fishing Menshikof. (B) After August 10, in Subdistrict 5D, period. (i) Unless restricted in this section, or upstream of Circle City. (ix) You may only take salmon by unless under the terms of a subsistence (4) Kuskokwim Area. The Kuskokwim gillnet, beach seine, fish wheel, or rod fishing permit, you may take fish at any Area consists of all waters of Alaska and reel subject to the restrictions set time in the Bristol Bay area. between the latitude of the westernmost out in this section, except that you may (ii) In all State commercial salmon point of Naskonat Peninsula and the also take salmon by spear in the districts, from May 1 through May 31 latitude of the southernmost tip of Cape Kanektok, and Arolik River drainages, and October 1 through October 31, you Newenham, including the waters of and in the drainage of Goodnews Bay. may subsistence fish for salmon only Alaska surrounding Nunivak and St. (x) You may not use an aggregate from 9 a.m. Monday until 9 a.m. Friday. Matthew Islands and those waters length of set gillnets or drift gillnets in From June 1 through September 30, draining into the Bering Sea. excess of 50 fathoms for taking salmon. within the waters of a commercial (i) Unless otherwise restricted in this (xi) You may take fish other than salmon district, you may take salmon section, you may take fish in the salmon by set gillnet, drift gillnet, beach only during State open commercial Kuskokwim Area at any time without a seine, fish wheel, pot, long line, fyke salmon fishing periods. subsistence fishing permit. net, dip net, jigging gear, spear, lead, (iii) In the Egegik River from 9 a.m. (ii) For the Kuskokwim area, Federal handline, or rod and reel. June 23 through 9 a.m. July 17, you may subsistence fishing schedules, openings, (xii) You must attach to the bank each take salmon only during the following closings, and fishing methods are the subsistence gillnet operated in times: from 9 a.m. Tuesday to 9 a.m. same as those issued for the subsistence tributaries of the Kuskokwim River and Wednesday and from 9 a.m. Saturday to taking of fish under Alaska Statutes (AS fish it substantially perpendicular to the 9 a.m. Sunday. 16.05.060), unless superseded by a bank and in a substantially straight line. (iv) You may not take fish from waters Federal Special Action. (xiii) Within a tributary to the within 300 feet of a stream mouth used (iii) In District 1, Kuskokuak Slough, Kuskokwim River in that portion of the by salmon. from June 1 through July 31 only, you Kuskokwim River drainage from the (v) You may not subsistence fish with may not take salmon for 16 hours before north end of Eek Island upstream to the nets in the Tazimina River and within and during each State open commercial mouth of the Kolmakoff River, you may one-fourth mile of the terminus of those salmon fishing period in the district. not set or operate any part of a set waters during the period from (iv) In Districts 4 and 5, from June 1 gillnet within 150 feet of any part of September 1 through June 14. through September 8, you may not take another set gillnet. (vi) Within any district, you may take salmon for 16 hours before or during, (xiv) The maximum depth of gillnets salmon, herring, and capelin by set and for 6 hours after each State open is as follows: gillnets only.

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(vii) Outside the boundaries of any of a subsistence fishing permit unless Umnak, and Atka-Amlia Islands district, unless otherwise specified, you both lobes of the caudal fin (tail) or the Districts. may take salmon by set gillnet only. dorsal fin have been removed. (ix) You may take no more than 250 (A) You may also take salmon by (xvii) You may take rainbow trout salmon for subsistence purposes unless spear in the Togiak River, excluding its only by rod and reel or jigging gear. otherwise specified on the subsistence tributaries. Rainbow trout daily harvest and fishing permit, except that in the (B) You may also use drift gillnets not possession limits are 2 per day/2 in Unalaska and Adak Districts, you may greater than 10 fathoms in length to take possession with no size limit from April take no more than 25 salmon plus an salmon in the Togiak River in the first 10 through October 31 and 5 per day/ additional 25 salmon for each member two river miles upstream from the 5 in possession with no size limit from of your household listed on the permit. mouth of the Togiak River to the ADF&G November 1 through April 9. You may obtain an additional permit. regulatory markers. (xviii) If you take rainbow trout (x) You must keep a record on the (C) You may also take salmon without incidentally in other subsistence net reverse side of the permit of a permit in Lake Clark and its tributaries fisheries, or through the ice, you may subsistence-caught fish. You must by snagging (by handline or rod and retain them for subsistence purposes. complete the record immediately upon reel), using a spear, bow and arrow, or (6) Aleutian Islands Area. The taking subsistence-caught fish and must capturing by bare hand. Aleutian Islands Area includes all return it no later than October 31. (D) You may also take salmon by waters of Alaska west of the longitude (xi) The daily harvest limit for halibut beach seines not exceeding 25 fathoms of the tip of Cape Sarichef, east of 172° is two fish, and the possession limit is in length in Lake Clark, excluding its East longitude, and south of 54°36′ two daily harvest limits. You may not tributaries. North latitude. possess sport-taken and subsistence- (viii) The maximum lengths for set (i) You may take fish other than taken halibut on the same day. gillnets used to take salmon are as salmon, rainbow/steelhead trout, or char (7) Alaska Peninsula Area. The follows: at any time unless restricted under the Alaska Peninsula Area includes all (A) You may not use set gillnets terms of a subsistence fishing permit. If waters of Alaska on the north side of the exceeding 10 fathoms in length in the you take rainbow/steelhead trout Alaska peninsula southwest of a line Egegik River; from Cape Menshikof (57° 28.34′ North (B) In the remaining waters of the incidentally in other subsistence net fisheries, you may retain them for latitude, 157° 55.84′ West longitude) to area, you may not use set gillnets Cape Newenham (58° 39.00′ North exceeding 25 fathoms in length. subsistence purposes. latitude, 162° West longitude) and east (ix) You may not operate any part of (ii) In the Unalaska District, you may take salmon for subsistence purposes of the longitude of Cape Sarichef Light a set gillnet within 300 feet of any part ° ′ of another set gillnet. from 6 a.m. until 9 p.m. from January 1 (164 55.70 West longitude) and on the (x) You must stake and buoy each set through December 31, except as may be south side of the Alaska Peninsula from gillnet. Instead of having the identifying specified on a subsistence fishing a line extending from Scotch Cape information on a keg or buoy attached permit. through the easternmost tip of Ugamak (iii) In the Adak, Akutan, Atka-Amlia, Island to a line extending 135° southeast to the gillnet, you may plainly and ° ′ legibly inscribe your first initial, last and Umnak Districts, you may take from Kupreanof Point (55 33.98 North ° ′ name, and subsistence permit number salmon at any time. latitude, 159 35.88 West longitude). on a sign at or near the set gillnet. (iv) You may not subsistence fish for (i) You may take fish, other than (xi) You may not operate or assist in salmon in the following waters: salmon, rainbow/steelhead trout, or operating subsistence salmon net gear (A) The waters of Unalaska Lake, its char, at any time unless restricted under while simultaneously operating or tributaries and outlet stream; the terms of a subsistence fishing assisting in operating commercial (B) The waters of Summers and permit. If you take rainbow/steelhead salmon net gear. Morris Lakes and their tributaries and trout incidentally in other subsistence (xii) During State closed commercial outlet streams; net fisheries or through the ice, you may herring fishing periods, you may not use (C) All streams supporting retain them for subsistence purposes. gillnets exceeding 25 fathoms in length anadromous fish runs that flow into (ii) You may take salmon, trout, and for the subsistence taking of herring or Unalaska Bay south of a line from the char only under the authority of a capelin. northern tip of Cape Cheerful to the subsistence fishing permit. (xiii) You may take fish other than northern tip of Kalekta Point; (iii) You must keep a record on the salmon, herring, capelin, and halibut by (D) Waters of McLees Lake and its reverse side of the permit of gear listed in this part unless restricted tributaries and outlet stream; subsistence-caught fish. You must under the terms of a subsistence fishing (E) All fresh water on Adak Island and complete the record immediately upon permit. Kagalaska Island in the Adak District. taking subsistence-caught fish and must (xiv) You may take salmon only under (v) You may take salmon by seine and return it no later than October 31. authority of a subsistence fishing gillnet, or with gear specified on a (iv) You may take salmon at any time, permit. subsistence fishing permit. except in those districts and sections (xv) Only one subsistence fishing (vi) In the Unalaska District, if you open to commercial salmon fishing permit for salmon may be issued to each fish with a net, you must be physically where salmon may not be taken during household per year. present at the net at all times when the the 24 hours before and 12 hours (xvi) In the Togiak River section and net is being used. following each State open weekly the Togiak River drainage: (vii) You may take fish other than commercial salmon fishing period, or as (A) You may not possess coho salmon salmon by gear listed in this part unless may be specified on a subsistence taken under the authority of a restricted under the terms of a fishing permit. subsistence fishing permit unless both subsistence fishing permit. (v) You may not subsistence fish for lobes of the caudal fin (tail) or the dorsal (viii) You may take salmon, trout, and salmon in the following waters: fin have been removed. char only under the terms of a (A) Russell Creek and Nurse Lagoon (B) You may not possess salmon taken subsistence fishing permit, except that and within 500 yards outside the mouth with a drift gillnet under the authority you do not need a permit in the Akutan, of Nurse Lagoon;

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(B) Trout Creek and within 500 yards for salmon as specified on a State shore of Womens Bay at 57°41.95′ North outside its mouth. subsistence salmon fishing permit. latitude, 152°31.50′ West longitude; (vi) You may take salmon by seine, (vi) You may take salmon by seines, (B) Buskin River closed waters—all gillnet, rod and reel, or with gear gillnets, rod and reel, or with gear waters inside of a line running from a specified on a subsistence fishing specified on a subsistence fishing marker on the bluff north of the mouth permit. permit, except that in Chignik Lake, you of the Buskin River at approximately (vii) You may take fish other than may not use purse seines. 57°45.80′ North latitude, 152°28.38′ salmon by gear listed in this part unless (vii) You may take fish other than West longitude, to a point offshore at restricted under the terms of a salmon by gear listed in this part unless 57°45.35′ North latitude, 152°28.15′ subsistence fishing permit. restricted under the terms of a West longitude, to a marker located (viii) You may not use a set gillnet subsistence fishing permit. onshore south of the river mouth at exceeding 100 fathoms in length. (viii) You may take halibut for approximately 57°45.15′ North latitude, (ix) You may take halibut for subsistence purposes only by a single 152°28.65′ West longitude; subsistence purposes only by a single handheld line with no more than two (C) All waters closed to commercial handheld line with no more than two hooks attached. salmon fishing within 100 yards of the hooks attached. (ix) You may take no more than 250 terminus of Selief Bay Creek; (x) You may take no more than 250 salmon for subsistence purposes unless (D) In Afognak Bay north and west of salmon for subsistence purposes unless otherwise specified on the subsistence a line from the tip of Last Point to the otherwise specified on your subsistence fishing permit. tip of River Mouth Point; (x) The daily harvest limit for halibut fishing permit. (E) From August 15 through is two fish, and the possession limit is (xi) The daily harvest limit for halibut September 30, all waters 500 yards two daily harvest limits. You may not is two fish and the possession limit is seaward of the terminus of Little Kitoi possess sport-taken and subsistence- two daily harvest limits. You may not Creek; taken halibut on the same day. possess sport-taken and subsistence- (F) All fresh water systems of Afognak (9) Kodiak Area. The Kodiak Area taken halibut on the same day. Island. includes all waters of Alaska south of a (iv) You must have a subsistence (8) Chignik Area. The Chignik Area line extending east from Cape Douglas fishing permit for taking salmon, trout, includes all waters of Alaska on the (58°51.10′ North latitude), west of 150° and char for subsistence purposes. You south side of the Alaska Peninsula West longitude, north of 55°30.00′ North ° must have a subsistence fishing permit bounded by a line extending 135 latitude, and north and east of a line for taking herring and bottomfish for southeast for 3 miles from a point near extending 135° southeast for three miles ° ′ subsistence purposes during the State Kilokak Rocks at 57 10.34 North from a point near Kilokak Rocks at ° ′ commercial herring sac roe season from latitude, 156 20.22 West longitude (the 57°10.34′ North latitude, 156°20.22′ April 15 through June 30. longitude of the southern entrance to West longitude (the longitude of the (v) With a subsistence salmon fishing Imuya Bay) then due south, and a line southern entrance of Imuya Bay), then ° permit you may take 25 salmon plus an extending 135 southeast from due south. Kupreanof Point at 55° 33.98′ North additional 25 salmon for each member ° ′ (i) You may take fish other than latitude, 159 35.88 West longitude. salmon, rainbow/steelhead trout, char, of your household whose names are (i) You may take fish other than bottomfish, or herring at any time unless listed on the permit. You may obtain an salmon, rainbow/steelhead trout, or char restricted by the terms of a subsistence additional permit if you can show that at any time, except as may be specified fishing permit. If you take rainbow/ more fish are needed. by a subsistence fishing permit. For steelhead trout incidentally in other (vi) You must record on your salmon, Federal subsistence fishing subsistence net fisheries, you may retain subsistence permit the number of openings, closings and fishing methods them for subsistence purposes. subsistence fish taken. You must are the same as those issued for the (ii) You may take salmon for complete the record immediately upon subsistence taking of fish under Alaska subsistence purposes 24 hours a day landing subsistence-caught fish, and Statutes (AS 16.05.060), unless from January 1 through December 31, must return it by February 1 of the year superseded by a Federal Special Action. with the following exceptions: following the year the permit was If you take rainbow/steelhead trout (A) From June 1 through September issued. incidentally in other subsistence net 15, you may not use salmon seine (vii) You may take fish other than fisheries, you may retain them for vessels to take subsistence salmon for 24 salmon and halibut by gear listed in this subsistence purposes. hours before or during, and for 24 hours part unless restricted under the terms of (ii) You may not take salmon in the after any State open commercial salmon a subsistence fishing permit. Chignik River, from a point 300 feet fishing period. The use of skiffs from (viii) You may take salmon only by upstream of the ADF&G weir to Chignik any type of vessel is allowed; gillnet, rod and reel, or seine. Lake from July 1 through August 31. (B) From June 1 through September (ix) You must be physically present at You may not take salmon in Black Lake 15, you may use purse seine vessels to the net when the net is being fished. or any tributary to Black or Chignik take salmon only with gillnets, and you (x) You may take halibut only by a Lakes. may have no other type of salmon gear single handheld line with not more than (iii) You may take salmon, trout, and on board the vessel. two hooks attached to it. char only under the authority of a (iii) You may not subsistence fish for (xi) The daily harvest limit for halibut subsistence fishing permit. salmon in the following locations: is two fish, and the possession limit is (iv) You must keep a record on your (A) Womens Bay closed waters—all two daily harvest limits. You may not permit of subsistence-caught fish. You waters inside a line from the tip of the possess sport-taken and subsistence- must complete the record immediately Nyman Peninsula (57°43.23′ North taken halibut on the same day. upon taking subsistence-caught fish and latitude, 152°31.51′ West longitude), to (10) Cook Inlet Area. The Cook Inlet must return it no later than October 31. the northeastern tip of Mary’s Island Area includes all waters of Alaska (v) If you hold a commercial fishing (57°42.40′ North latitude, 152°32.00′ enclosed by a line extending east from license, you may only subsistence fish West longitude), to the southeastern Cape Douglas (58°51.1′ North latitude)

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and a line extending south from Cape subsistence purposes, unless restricted salmon taken by dip net and no more Fairfield (148°50.25′ West longitude). in this section. than 5 Chinook taken by rod and reel. (i) Unless restricted in this section, or (iv) In the Copper River drainage, you (xi) The following apply to Upper unless restricted under the terms of a may take salmon only in the waters of Copper River District subsistence subsistence fishing permit, you may the Upper Copper River District, or in salmon fishing permits: take fish at any time in the Cook Inlet the vicinity of the Native Village of (A) Only one subsistence fishing Area. If you take rainbow/steelhead Batzulnetas. permit per subdistrict will be issued to trout incidentally in other subsistence (v) In the Upper Copper River District, each household per year. If a household net fisheries, you may retain them for you may take salmon only by fish has been issued permits for both subsistence purposes. wheels, rod and reel, or dip nets. subdistricts in the same year, both (ii) You may not take grayling or (vi) Rainbow/steelhead trout and permits must be in your possession and burbot for subsistence purposes. other freshwater fish caught incidentally readily available for inspection while (iii) You may take fish by gear listed to salmon by fish wheel in the Upper fishing or transporting subsistence-taken in this part unless restricted in this Copper River District may be retained. fish in either subdistrict. A qualified section or under the terms of a (vii) Freshwater fish other than household may also be issued a subsistence fishing permit (as may be rainbow/steelhead trout caught Batzulnetas salmon fishery permit in the modified by this section). incidentally to salmon by dip net in the same year; (iv) You may only take salmon, trout, Upper Copper River District may be (B) Multiple types of gear may be Dolly Varden, and other char under retained. Rainbow/steelhead trout specified on a permit, although only one authority of a Federal subsistence caught incidentally to salmon by dip net unit of gear may be operated at any one fishing permit. Seasons, harvest and in the Upper Copper River District must time; possession limits, and methods and be released unharmed to the water. (C) You must return your permit no means for take are the same as for the (viii) You may not possess salmon later than October 31 of the year in taking of those species under Alaska taken under the authority of an Upper which the permit is issued, or you may sport fishing regulations (5 AAC 56). Copper River District subsistence be denied a permit for the following (v) You may only take smelt with dip fishing permit, or rainbow/steelhead year; nets in fresh water from April 1 through trout caught incidentally to salmon by (D) A fish wheel may be operated only June 15. There are no harvest or fish wheel, unless the anal (ventral) fin by one permit holder at one time; that possession limits for smelt. has been immediately removed from the permit holder must have the fish wheel (vi) Gillnets may not be used in fresh fish. You must immediately record all marked as required by Section water, except for the taking of whitefish ll retained fish on the subsistence permit. .27(i)(11) and during fishing in the Tyone River drainage. Immediately means prior to concealing operations; (11) Prince William Sound Area. The (E) Only the permit holder and the the fish from plain view or transporting Prince William Sound Area includes all authorized member of the household the fish more than 50 feet from where waters and drainages of Alaska between listed on the subsistence permit may the fish was removed from the water. the longitude of Cape Fairfield and the take salmon; (ix) You may take salmon in the longitude of Cape Suckling. (F) You must personally operate your Upper Copper River District from May (i) You may take fish, other than fish wheel or dip net; rainbow/steelhead trout, in the Prince 15 through September 30 only. (G) You may not loan or transfer a William Sound Area only under (x) The total annual harvest limit for subsistence fish wheel or dip net permit authority of a subsistence fishing subsistence salmon fishing permits in except as permitted. permit, except that a permit is not combination for the Glennallen (xii) If you are a fish wheel owner: required to take eulachon. You make not Subdistrict and the Chitina Subdistrict (A) You must register your fish wheel take rainbow/steelhead trout, except as is as follows: with ADF&G or the Federal Subsistence otherwise provided for in this (A) For a household with 1 person, 30 Board; § ll.27(i)(11). salmon, of which no more than 5 may (B) Your registration number and a (A) In the Prince William Sound Area be Chinook salmon taken by dip net and wood, metal, or plastic plate at least 12 within Chugach National Forest and in no more than 5 Chinook taken by rod inches high by 12 inches wide bearing the Copper River drainage downstream and reel; either your name and address, or your of Haley Creek you may accumulate (B) For a household with 2 persons, Alaska driver’s license number, or your Federal subsistence fishing harvest 60 salmon, of which no more than 5 Alaska State identification card number limits with harvest limits under State of may be Chinook salmon taken by dip in letters and numerals at least 1 inch Alaska sport fishing regulations net and no more than 5 Chinook taken high, must be permanently affixed and provided that accumulation of fishing by rod and reel, plus 10 salmon for each plainly visible on the fish wheel when harvest limits does not occur during the additional person in a household over 2 the fish wheel is in the water; same day. persons, except that the household’s (C) Only the current year’s registration (B) You may accumulate harvest limit for Chinook salmon taken by dip number may be affixed to the fish limits of salmon authorized for the net or rod and reel does not increase; wheel; you must remove any other Copper River drainage upstream from (C) Upon request, permits for registration number from the fish wheel; Haley Creek with harvest limits for additional salmon will be issued for no (D) You must check your fish wheel salmon authorized under State of Alaska more than a total of 200 salmon for a at least once every 10 hours and remove sport fishing regulations. permit issued to a household with 1 all fish; (ii) You may take fish by gear listed person, of which no more than 5 may (E) You are responsible for the fish in paragraph (c)(1) of this part unless be Chinook salmon taken by dip net and wheel; you must remove the fish wheel restricted in this section or under the no more than 5 Chinook taken by rod from the water at the end of the permit terms of a subsistence fishing permit. and reel, or no more than a total of 500 period; (iii) If you catch rainbow/steelhead salmon for a permit issued to a (F) You may not rent, lease, or trout incidentally in other subsistence household with 2 or more persons, of otherwise use your fish wheel used for net fisheries, you may retain them for which no more than 5 may be Chinook subsistence fishing for personal gain.

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(xiii) If you are operating a fish wheel: regulatory markers located near the fishing period is from 6 a.m. to 6 p.m. (A) You may operate only one fish mouth of Tanada Creek and on Saturday in that location. wheel at any one time; approximately one-half mile (iv) You may take salmon, trout (other (B) You may not set or operate a fish downstream from that mouth and in than steelhead), and char only under wheel within 75 feet of another fish Tanada Creek between National Park authority of a subsistence fishing wheel; Service regulatory markers identifying permit. You may take steelhead trout (C) No fish wheel may have more than the open waters of the creek; only in the Situk and Ahrnklin Rivers two baskets; (B) You may use only fish wheels, dip and only under authority of a Federal (D) If you are a permittee other than nets, and rod and reel on the Copper subsistence fishing permit. the owner, you must attach an River and only dip nets, spears, fyke (v) If you take salmon, trout, or char additional wood, metal, or plastic plate nets, and rod and reel in Tanada Creek. incidentally by gear operated under the at least 12 inches high by 12 inches One fyke net and associated lead may be terms of a subsistence permit for wide, bearing your name and address in used in Tanada Creek upstream of the salmon, you may retain them for letters and numerals at least 1 inch high, National Park Service weir; subsistence purposes. You must report to the fish wheel so that the name and (C) You may take salmon only from any salmon, trout, or char taken in this address are plainly visible. May 15 through September 30 or until manner on your permit calendar. (xiv) A subsistence fishing permit the season is closed by special action; (vi) You may take fish by gear listed may be issued to a village council, or (D) You may retain Chinook salmon in this part unless restricted in this other similarly qualified organization taken in a fish wheel in the Copper section or under the terms of a whose members operate fish wheels for River. You must return to the water subsistence fishing permit. In areas subsistence purposes in the Upper unharmed any Chinook salmon caught where use of rod and reel is allowed, Copper River District, to operate fish in Tanada Creek; you may use artificial fly, lure, or bait wheels on behalf of members of its (E) You must return the permit to the when fishing with rod and reel, unless village or organization. The following National Park Service no later than restricted by Federal permit. If you use additional provisions apply to October 15; bait, you must retain all Federally- subsistence fishing permits issued (F) You may only use a fyke net after regulated fish species caught, and they under this paragraph (i)(11)(xiv): consultation with the in-season apply to your applicable daily and (A) The permit will list all households manager. You must be present when the annual harvest limits for that species. and household members for whom the fyke net is actively fishing. You may For streams with steelhead, once your fish wheel is being operated. The permit take no more than 1,000 sockeye salmon daily or annual limit of steelhead is will identify a person who will be in Tanada Creek with a fyke net; harvested, you may no longer fish with responsible for each fish wheel in a bait for any species. similar manner to a fish wheel owner as (xvi) You may take pink salmon for subsistence purposes from fresh water (vii) In the Situk River, each described in paragraph (i)(11)(xii) of this subsistence salmon fishing permit section; with a dip net from May 15 through September 30, 7 days per week, with no holder shall attend his or her gillnet at (B) The allowable harvest may not all times when it is being used to take exceed the combined seasonal limits for harvest or possession limits in the following areas: salmon. the households listed on the permit; the (viii) You may block up to two-thirds (A) Green Island, Knight Island, permittee will notify the ADF&G or of a stream with a gillnet or seine used Chenega Island, Bainbridge Island, Federal Subsistence Board when for subsistence fishing. households are added to the list, and the Evans Island, Elrington Island, Latouche (ix) You must immediately remove seasonal limit may be adjusted Island, and adjacent islands, and the both lobes of the caudal (tail) fin from accordingly; mainland waters from the outer point of subsistence-caught salmon when taken. (C) Members of households listed on Granite Bay located in Knight Island (x) You may not possess subsistence- a permit issued to a village council or Passage to Cape Fairfield; taken and sport-taken salmon on the other similarly qualified organization (B) Waters north of a line from same day. are not eligible for a separate household Porcupine Point to Granite Point, and (xi) You must possess a subsistence subsistence fishing permit for the Upper south of a line from Point Lowe to fishing permit to take Dolly Varden. The Copper River District; Tongue Point. daily harvest and possession limit is 10 (D) The permit will include (12) Yakutat Area. The Yakutat Area Dolly Varden of any size. provisions for recording daily catches includes all waters and drainages of (13) Southeastern Alaska Area. The for each fish wheel; location and Alaska between the longitude of Cape Southeastern Alaska Area includes all number of fish wheels; full legal name Suckling and the longitude of Cape waters between a line projecting of the individual responsible for the Fairweather. southwest from the westernmost tip of lawful operation of each fish wheel as (i) Unless restricted in this section or Cape Fairweather and Dixon Entrance. described in paragraph (i)(11)(xii) of this unless restricted under the terms of a (i) Unless restricted in this section or section; and other information subsistence fishing permit, you may under the terms of a subsistence fishing determined to be necessary for effective take fish at any time in the Yakutat permit, you may take fish other than resource management. Area. salmon, trout, grayling, and char in the (xv) You may take salmon in the (ii) You may not take salmon during Southeastern Alaska Area at any time. vicinity of the former Native village of the period commencing 48 hours before (ii) You must possess a subsistence Batzulnetas only under the authority of a State opening of commercial salmon fishing permit to take salmon, trout, a Batzulnetas subsistence salmon net fishing season and ending 48 hours grayling, or char. You must possess a fishing permit available from the after the closure. This applies to each subsistence fishing permit to take National Park Service under the river or bay fishery individually. eulachon from any freshwater stream following conditions: (iii) When the length of the weekly flowing into fishing Sections 1C or 1D. (A) You may take salmon only in State commercial salmon net fishing (iii) In the Southeastern Alaska Area, those waters of the Copper River period exceeds two days in any Yakutat a rainbow trout is defined as a fish of between National Park Service Area salmon net fishery, the subsistence the species Oncorhyncus mykiss less

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than 22 inches in overall length. A (xvi) The Sarkar River system above limit of two. You may only use a dip steelhead is defined as a rainbow trout the bridge is closed to the use of all nets net, gaff, handline, spear, or rod and with an overall length of 22 inches or by both Federally-qualified and non- reel. The permit conditions and systems larger. Federally qualified users. to receive special protection will be (iv)(A) In areas where use of rod and (xvii) Only Federally-qualified determined by the local Federal reel is allowed, you may use artificial subsistence users may harvest sockeye fisheries manager in consultation with fly, lure, or bait when fishing with rod salmon in streams draining into Falls ADF&G. and reel, unless restricted by Federal Lake Bay, Gut Bay, or Bay of Pillars. (xxiii) You may take steelhead trout permit. If you use bait, you must retain (xviii) From July 7 through July 31, on Prince of Wales and Kosciusko all Federally-regulated fish species you may take sockeye salmon in the Islands under the terms of Federal caught, and they apply to your waters of the Klawock River and subsistence fishing permits. You must applicable daily, seasonal, and annual Klawock Lake only from 8 a.m. Monday obtain a separate permit for the winter harvest limits for that species. For until 5 p.m. Friday. and spring seasons. streams with steelhead, once your daily, (xix) You may take Chinook, sockeye, (A) The winter season is December 1 seasonal, or annual limit of steelhead is and coho salmon in the mainstem of the through the last day of February, with harvested, you may no longer fish with Stikine River only under the authority a harvest limit of 2 fish per household. bait for any species. of a Federal subsistence fishing permit. You may use only a dip net, handline, (B) Unless otherwise specified in this Each Stikine River permit will be issued spear, or rod and reel. The winter § ll.27(i)(13), allowable gear for to a household and will be valid for 15 season may be closed when the harvest salmon or steelhead is restricted to gaffs, days. Permits may be revalidated for level cap of 100 steelhead for Prince of spears, gillnets, seines, dip nets, cast additional 15-day periods. Only dip Wales/Kosciusko Islands has been nets, handlines, or rod and reel. nets, spears, gaffs, rod and reel, beach reached. You must return your winter (v) Unless otherwise specified in this seine, or gillnets not exceeding 15 season permit within 15 days of the § ll.27(i)(13), you may use a handline fathoms in length may be used. The close of the season and before receiving for snagging salmon or steelhead. maximum gillnet mesh size is 51⁄2- another permit for a Prince of Wales/ (vi) You may fish with a rod and reel inches, except during the Chinook Kosciusko steelhead subsistence fishery. within 300 feet of a fish ladder unless season when the maximum gillnet mesh The permit conditions and systems to the site is otherwise posted by the size is 8 inches. receive special protection will be USDA Forest Service. You may not fish (A) You may take Chinook salmon determined by the local Federal from, on, or in a fish ladder. from May 15 through June 20. The fisheries manager in consultation with (vii) You may accumulate annual annual limit is 5 Chinook salmon per ADF&G. Federal subsistence harvest limits household. (B) The spring season is March 1 authorized for the Southeastern Alaska (B) You may take sockeye salmon through May 31, with a harvest limit of Area with harvest limits authorized from June 21 through July 31. The 5 fish per household. You may use only under State of Alaska sport fishing annual limit is 40 sockeye salmon per a dip net, handline, spear, or rod and regulations. household. reel. The spring season may be closed (viii) If you take salmon, trout, or char (C) You may take coho salmon from prior to May 31 if the harvest quota of incidentally with gear operated under August 15 through October 1. The 600 fish minus the number of steelhead terms of a subsistence permit for other annual limit is 20 coho salmon per harvested in the winter subsistence salmon, they may be kept for household. steelhead fishery is reached. You must subsistence purposes. You must report (D) You may retain other salmon return your spring season permit within any salmon, trout, or char taken in this taken incidentally by gear operated 15 days of the close of the season and manner on your subsistence fishing under terms of this permit. The before receiving another permit for a permit. incidentally taken salmon must be Prince of Wales/Kosciusko steelhead (ix) No permits for the use of nets will reported on your permit calendar. subsistence fishery. The permit be issued for the salmon streams (E) The total annual guideline harvest conditions and systems to receive flowing across or adjacent to the road level for the Stikine River fishery is 125 special protection will be determined by systems within the city limits of Chinook, 600 sockeye, and 400 coho the local Federal fisheries manager in Petersburg, Wrangell, and Sitka. salmon. All salmon harvested, including consultation with ADF&G. (x) You must immediately remove incidentally taken salmon, will count (xxiv) In addition to the requirement both lobes of the caudal (tail) fin of against the guideline for that species. for a Federal subsistence fishing permit, subsistence-caught salmon when taken. (xx) You may take coho salmon under the following restrictions for the harvest (xi) You may not possess subsistence- the terms of a subsistence fishing of Dolly Varden, brook trout, grayling, taken and sport-taken salmon on the permit, except in the Stikine and Taku cutthroat, and rainbow trout apply: same day. Rivers. There is no closed season. The (A) The daily household harvest and (xii) If a harvest limit is not otherwise daily harvest limit is 20 coho salmon possession limit is 20 Dolly Varden; listed for sockeye in this § ll.27(i)(13), per household. Only dip nets, spears, there is no closed season or size limit; the harvest limit for sockeye salmon is gaffs, handlines, and rod and reel may (B) The daily household harvest and the same as provided for in adjacent be used. possession limit is 20 brook trout; there State subsistence or personal use (xxi) Unless noted on a Federal is no closed season or size limit; fisheries. If a harvest limit is not subsistence harvest permit, there are no (C) The daily household harvest and established for the State subsistence or harvest limits for pink or chum salmon. possession limit is 20 grayling; there is personal use fisheries, the possession (xxii) Unless otherwise specified in no closed season or size limit; limit is 10 sockeye and the annual this § ll.27(i)(13), you may take (D) The daily household harvest limit harvest limit is 20 sockeye per steelhead under the terms of a is 6 and the household possession limit household for that stream. subsistence fishing permit. The open is 12 cutthroat or rainbow trout in (xiii) [Reserved]. season is January 1 through May 31. The combination; there is no closed season (xiv) [Reserved]. daily household harvest and possession or size limit; (xv) [Reserved]. limit is one with an annual household (E) You may only use a rod and reel;

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(F) The permit conditions and (ii) Kegs or buoys attached to harvested, time and area of fishing, the systems to receive special protection subsistence crab pots also must be type and amount of fishing gear and will be determined by the local Federal inscribed with the name or United other conditions necessary for fisheries manager in consultation with States Coast Guard number of the vessel management or conservation purposes; ADF&G. used to operate the pots. (5) If specified on the permit, you (6) Pots used for subsistence fishing must keep accurate daily records of the § ll.28 Subsistence taking of shellfish. must comply with the escape catch involved, showing the number of (a) Regulations in this section apply to mechanism requirements found in shellfish taken by species, location and subsistence taking of Dungeness crab, § ll.27(c)(2). date of the catch, and such other king crab, Tanner crab, shrimp, clams, (7) You may not mutilate or otherwise information as may be required for abalone, and other shellfish or their disfigure a crab in any manner which management or conservation purposes; parts. would prevent determination of the (6) You must complete and submit (b) [Reserved]. minimum size restrictions until the crab subsistence fishing reports at the time (c) You may take shellfish for has been processed or prepared for specified for each particular area and subsistence uses at any time in any area consumption. fishery; of the public lands by any method (e) Taking shellfish by designated (7) If the return of catch information unless restricted by this section. harvest permit. (1) Any species of necessary for management and (d) Methods, means, and general shellfish that may be taken by conservation purposes is required by a restrictions. (1) The harvest limit subsistence fishing under this part may subsistence fishing permit and you fail specified in this section for a be taken under a designated harvest to comply with such reporting subsistence season for a species and the permit. requirements, you are ineligible to State harvest limit set for a State season (2) If you are a Federally-qualified receive a subsistence permit for that for the same species are not cumulative. subsistence user (beneficiary), you may activity during the following calendar This means that if you have taken the designate another Federally-qualified year, unless you demonstrate that harvest limit for a particular species subsistence user to take shellfish on failure to report was due to loss in the under a subsistence season specified in your behalf. The designated fisherman mail, accident, sickness, or other this section, you may not, after that, take must obtain a designated harvest permit unavoidable circumstances. any additional shellfish of that species prior to attempting to harvest shellfish (g) Subsistence take by commercial under any other harvest limit specified and must return a completed harvest vessels. No fishing vessel which is for a State season. report. The designated fisherman may commercially licensed and registered (2) Unless otherwise provided in this harvest for any number of beneficiaries for shrimp pot, shrimp trawl, king crab, section or under terms of a required but may have no more than two harvest Tanner crab, or Dungeness crab fishing subsistence fishing permit (as may be limits in his/her possession at any one may be used for subsistence take during modified by this section), you may use time. the period starting 14 days before an the following legal types of gear to take (3) The designated fisherman must opening and ending 14 days after the shellfish: have in possession a valid designated closure of a respective open season in (i) Abalone iron; harvest permit when taking, attempting the area or areas for which the vessel is (ii) Diving gear; to take, or transporting shellfish taken registered. However, if you are a (iii) A grappling hook; (iv) A handline; under this section, on behalf of a commercial fisherman, you may retain (v) A hydraulic clam digger; beneficiary. shellfish for your own use from your (vi) A mechanical clam digger; (4) You may not fish with more than lawfully taken commercial catch. (vii) A pot; one legal limit of gear as established by (h) You may not take or possess (viii) A ring net; this section. shellfish smaller than the minimum (ix) A scallop dredge; (5) You may not designate more than legal size limits. (x) A sea urchin rake; one person to take or attempt to take (i) Unlawful possession of subsistence (xi) A shovel; and shellfish on your behalf at one time. shellfish. You may not possess, (xii) A trawl. You may not personally take or attempt transport, give, receive, or barter (3) You are prohibited from buying or to take shellfish at the same time that a shellfish or their parts taken in violation selling subsistence-taken shellfish, their designated fisherman is taking or of Federal or State regulations. parts, or their eggs, unless otherwise attempting to take shellfish on your (j) (1) An owner, operator, or specified. behalf. employee of a lodge, charter vessel, or (4) You may not use explosives and (f) If a subsistence shellfishing permit other enterprise that furnishes food, chemicals, except that you may use is required by this section, the following lodging, or guide services may not chemical baits or lures to attract conditions apply unless otherwise furnish to a client or guest of that shellfish. specified by the subsistence regulations enterprise, shellfish that has been taken (5) Marking requirements for in this section: under this section, unless: subsistence shellfish gear are as follows: (1) You may not take shellfish for (i) The shellfish has been taken with (i) You must plainly and legibly subsistence in excess of the limits set gear deployed and retrieved by the inscribe your first initial, last name, and out in the permit unless a different limit client or guest who is a Federally- address on a keg or buoy attached to is specified in this section; qualified subsistence user; unattended subsistence fishing gear, (2) You must obtain a permit prior to (ii) The gear has been marked with the except when fishing through the ice, subsistence fishing; client’s or guest’s name and address; when you may substitute for the keg or (3) You must have the permit in your and buoy a stake inscribed with your first possession and readily available for (iii) The shellfish is to be consumed initial, last name, and address inserted inspection while taking or transporting by the client or guest or is consumed in in the ice near the hole; subsistence the species for which the permit is the presence of the client or guest. fishing gear may not display a issued; (2) The captain and crewmembers of permanent ADF&G vessel license (4) The permit may designate the a charter vessel may not deploy, set, or number; species and numbers of shellfish to be retrieve their own gear in a subsistence

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shellfish fishery when that vessel is (iv) In the subsistence taking of king crabs with a shell width of 61⁄2 inches being chartered. crab: or greater may be taken or possessed; (k) Subsistence shellfish areas and (A) The annual limit is six crabs per (B) All crab pots used for subsistence pertinent restrictions. (1) Southeastern household; only male king crab with fishing and left in saltwater unattended Alaska-Yakutat Area. No marine waters shell width of 7 inches or greater may longer than a 2-week period must have are currently identified under Federal be taken or possessed; all bait and bait containers removed and subsistence management jurisdiction. (B) All crab pots used for subsistence all doors secured fully open; (2) Prince William Sound Area. No fishing and left in saltwater unattended (C) You may take crabs only from June marine waters are currently identified longer than a 2-week period must have 1 through January 31. all bait and bait containers removed and under Federal subsistence management (iv) The daily harvest and possession all doors secured fully open; jurisdiction. limit is 12 male Tanner crabs per (3) Cook Inlet Area. (i) You may take (C) You may only use one crab pot, person; only crabs with a shell width of shellfish for subsistence purposes only which may be of any size, to take king 51⁄2 inches or greater may be taken or as allowed in this section (k)(3). crab; possessed. (ii) You may not take king crab, (D) You may take king crab only from Dungeness crab, or shrimp for June 1 through January 31, except that (6) Bering Sea Area. (i) In that portion subsistence purposes. the subsistence taking of king crab is of the area north of the latitude of Cape (iii) In the subsistence taking of prohibited in waters 25 fathoms or Newenham, shellfish may only be taken Tanner crab: greater in depth during the period 14 by shovel, jigging gear, pots, and ring (A) Male Tanner crab may be taken days before and 14 days after State open net. only from July 15 through March 15; commercial fishing seasons for red king (ii) The operator of a commercially (B) The daily harvest and possession crab, blue king crab, or Tanner crab in licensed and registered shrimp fishing limit is 5 male Tanner crabs; the location; vessel must obtain a subsistence fishing (C) Only male Tanner crabs 51⁄2 (E) The waters of the Pacific Ocean permit from the ADF&G prior to inches or greater in width of shell may enclosed by the boundaries of Womens subsistence shrimp fishing during a be taken or possessed; Bay, Gibson Cove, and an area defined closed commercial shrimp fishing (D) No more than 2 pots per person, by a line 1⁄2 mile on either side of the season or within a closed commercial regardless of type, with a maximum of mouth of the Karluk River, and shrimp fishing district, section, or 2 pots per vessel, regardless of type, extending seaward 3,000 feet, and all subsection; the permit must specify the may be used to take Tanner crab. waters within 1,500 feet seaward of the area and the date the vessel operator (iv) In the subsistence taking of clams: shoreline of Afognak Island are closed intends to fish; no more than 500 (A) The daily harvest and possession to the harvest of king crab except by pounds (227 kg) of shrimp may be in limit for littleneck clams is 1,000 and Federally-qualified subsistence users. possession aboard the vessel. the minimum size is 1.5 inches in (v) In the subsistence taking of Tanner (iii) In waters south of 60° North length; crab: latitude, the daily harvest and (B) The daily harvest and possession (A) You may not use more than five possession limit is 12 male Dungeness limit for butter clams is 700 and the crab pots to take Tanner crab; crabs per person. minimum size is 2.5 inches in length. (B) You may not take Tanner crab in (iv) In the subsistence taking of king (v) Other than as specified in this waters 25 fathoms or greater in depth crab: section, there are no harvest, possession, during the 14 days immediately before (A) In waters south of 60° North or size limits for other shellfish, and the the opening of a State commercial king latitude, the daily harvest and season is open all year. or Tanner crab fishing season in the (4) Kodiak Area. (i) You may take crab possession limit is six male crabs per location; person; for subsistence purposes only under the (C) The daily harvest and possession (B) All crab pots used for subsistence authority of a subsistence crab fishing limit per person is 12 male crabs with fishing and left in saltwater unattended permit issued by the ADF&G. a shell width 51⁄2 inches or greater. (ii) The operator of a commercially (5) Alaska Peninsula-Aleutian Islands longer than a 2-week period must have licensed and registered shrimp fishing Area. (i) The operator of a commercially all bait and bait containers removed and vessel must obtain a subsistence fishing licensed and registered shrimp fishing all doors secured fully open; ° permit from the ADF&G before vessel must obtain a subsistence fishing (C) In waters south of 60 North subsistence shrimp fishing during a permit from the ADF&G prior to latitude, you may take crab only from State closed commercial shrimp fishing subsistence shrimp fishing during a June 1 through January 31; season or within a closed commercial closed State commercial shrimp fishing (D) In the Norton Sound Section of shrimp fishing district, section, or season or within a closed commercial the Northern District, you must have a subsection. The permit must specify the shrimp fishing district, section, or subsistence permit. area and the date the vessel operator subsection; the permit must specify the (v) In waters south of 60° North intends to fish. No more than 500 area and the date the vessel operator latitude, the daily harvest and pounds (227 kg) of shrimp may be in intends to fish; no more than 500 possession limit is 12 male Tanner possession aboard the vessel. pounds (227 kg) of shrimp may be in crabs. (iii) The daily harvest and possession possession aboard the vessel. Dated: January 30, 2007. limit is 12 male Dungeness crabs per (ii) The daily harvest and possession Peter J. Probasco, person; only male Dungeness crabs with limit is 12 male Dungeness crabs per Acting Chair, Federal Subsistence Board. a shell width of 61⁄2 inches or greater person; only crabs with a shell width of Dated: January 30, 2007. may be taken or possessed. Taking of 51⁄2 inches or greater may be taken or Dungeness crab is prohibited in water possessed. Steve Kessler, 25 fathoms or more in depth during the (iii) In the subsistence taking of king Subsistence Program Leader, USDA-Forest 14 days immediately before the State crab: Service. opening of a commercial king or Tanner (A) The daily harvest and possession [FR Doc. 07–1166 Filed 3–15–07; 8:45 am] crab fishing season in the location. limit is six male crabs per person; only BILLING CODE 3410–11–P; 4310–55–P

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Part III

Department of Housing and Urban Development The Violence Against Women and Department of Justice Reauthorization Act of 2005: Applicability to HUD Programs; Notice

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DEPARTMENT OF HOUSING AND please contact the Office of Housing program, and HUD’s programs assisted URBAN DEVELOPMENT Assistance Policy Division, Office of by section 8 of the U.S. Housing Act of Housing, Room 6138, telephone (202) 1937. The VAWA 2005 provisions [Docket No. FR–5056–N–01] 708–3000. The address for all offices is applicable to HUD do not cover HUD’s The Violence Against Women and the Department of Housing and Urban Indian housing programs. The VAWA Department of Justice Reauthorization Development, 451 Seventh Street, SW., 2005 provisions applicable to HUD do Act of 2005: Applicability to HUD Washington, DC 20410. The above-listed not cover programs other than the Programs telephone numbers are not toll-free Supportive Housing program for the numbers. Persons with hearing or Homeless and housing that is assisted AGENCY: Office of the Secretary, HUD. speech impairments may access these by HUD under sections 6 and 8 of the ACTION: Notice. numbers through TTY by calling the U.S. Housing Act of 1937. toll-free Federal Information Relay Immediate Applicability of VAWA SUMMARY: This notice addresses Service at (800) 877–8339. 2005. The primary objectives of VAWA inquiries to HUD about: (1) The SUPPLEMENTARY INFORMATION: 2005 are to reduce violence against applicability to HUD programs of women and to protect, or increase the certain provisions of the Violence I. Overview protection of, the safety and Against Women and Department of On January 5, 2006, President Bush confidentiality of women who are Justice Reauthorization Act of 2005, as signed into law the Violence Against victims of abuse. These new protections amended by a technical corrections bill Women and Department of Justice for families participating in HUD signed into law in August 2006, and (2) Reauthorization Act of 2005 (Pub. L. programs became effective upon HUD’s plans to issue rules or guidance 109–162) (VAWA 2005), and, on August enactment of the law on January 5, on this new law. The Violence Against 28, 2006, signed into law technical 2006, and for the majority of the VAWA Women and Department of Justice corrections to the Violence Against 2005 amendments that are applicable to Reauthorization Act of 2005 and the Women and Department of Justice HUD programs, prior action by HUD is technical corrections described in this Reauthorization Act of 2005 (Pub. L. not necessary in order for notice became effective upon 109–271). Except as provided in Section implementation to begin. Following enactment. 4 of the technical corrections law, enactment of the new law, HUD’s Office This notice presents information from VAWA 2005 became effective upon of Public and Indian Housing issued a HUD’s Offices of Community Planning enactment; no provisions of VAWA direct notice on VAWA 2005, PIH 2006– and Development, General Counsel, 2005 that affect the changes described in 23, in which it advised public housing Housing, and Public and Indian this notice have a delayed effective date. agencies (PHAs) that these statutory Housing, and provides an overview of VAWA 2005 reauthorizes and amends provisions [of VAWA 2005] were key provisions that affect HUD the Violence Against Women Act of effective the date the law was enacted programs, identifies those provisions 1994 (42 U.S.C. 13701 et seq.) (VAWA (January 5, 2006). That notice can be that require program participants to take 1994) for Fiscal Years 2007 through found at http://www.hud.gov/offices/ action to be in compliance, and advises 2011, and, among other things, pih/publications/notices/06/pih2006– of efforts underway within HUD to consolidates major law enforcement 23.pdf. HUD’s Office of Public and further facilitate compliance with this grant programs; makes amendments to Indian Housing also issued PIH notice new law, including rules and guidance criminal and immigration laws; and PIH 2006–42 on the VAWA form HUD– that are under consideration or makes amendments to other statutes, 50066, Certification of Domestic development. including certain HUD statutes, to Violence, Dating Violence, or Stalking. support and strengthen efforts to combat That notice can be found at http:// FOR FURTHER INFORMATION CONTACT: For domestic violence and other forms of www.hud.gov/offices/pih/publications/ general information about the Violence violence against women. notices/06/pih2006–42.pdf. HUD’s Against Women and Department of The provisions of VAWA 2005 Office of Public and Indian Housing also Justice Reauthorization Act of 2005, applicable to HUD programs are found issued PIH notice PIH 2007–5, which please contact Aaron Santa Anna, in Title VI entitled ‘‘Housing describes revised form HUD 52641, the Assistant General Counsel for Opportunities and Safety for Battered Housing Assistance Payments Contract, Regulations, Office of Legislation and Women and Children.’’ Section 601 of and revised form HUD 52641A, the Regulations, Department of Housing and VAWA 2005 amends VAWA 1994 to Tenancy Addendum. Both forms were Urban Development, 451 Seventh Street, add a new Subtitle N to VAWA 1994 revised to reflect statutory requirements SW., Room 10282, Washington, DC entitled ‘‘Addressing the Housing Needs of VAWA. That notice can be found at 20410–0500; telephone (202) 708–3055 of Victims of Domestic Violence, Dating http://www.hud.gov/offices/pih/ (this is not a toll-free number). For Violence, Sexual Assault and Stalking.’’ publications/notices/07/pih2007-5.pdf. information about HUD’s Public HUD Statutes Amended by VAWA Sections II, III, and IV of this notice Housing program and Housing Choice 2005. With regard to HUD programs, provide an overview of the key Voucher program, please contact the VAWA 2005 addresses various housing amendments made by VAWA 2005 that Office of Public Housing and Voucher needs for victims of domestic violence, are applicable to HUD programs, and Programs, Office of Public and Indian and amends the following HUD statutes: identify provisions for which rules or Housing, Room 4240, telephone (202) the U.S. Housing Act of 1937 (42 U.S.C. guidance may be issued by HUD’s 708–1380. For information about HUD’s 1437 et seq.), the Cranston-Gonzalez program offices. Homeless Management Information National Affordable Housing Act (42 Systems, please contact the Office of U.S.C. 13704 et seq.), and the II. VAWA 2005 Amendments to the U.S. Program Coordination and Analysis McKinney-Vento Homeless Assistance Housing Act of 1937 Division, Office of Special Needs Act (42 U.S.C. 11301 et seq.). Under the U.S. Housing Act of 1937, Programs, Office of Community HUD Programs Affected by VAWA HUD promotes the goal of providing Planning and Development, telephone 2005. The amendments made by VAWA decent and affordable housing for all (202) 402–4496. For information about 2005 apply to HUD’s Public Housing citizens by providing funds for housing HUD’s Section 8 Project-Based program, program, HUD’s Supportive Housing assistance.

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A. Public Housing Agency Plans. if the tenant or an immediate member of lease language to that effect is not necessary Section 603 of VAWA 2005 amends the tenant’s family is the victim or for the PHA, owner, or manager to exercise section 5A of the U.S. Housing Act of threatened victim of that abuse. such authority. Neither the authority nor the procedures under any other law is necessary 1937. This amendment requires the 5- Note: PHAs and owners administering or to bifurcate or otherwise remove an year plans of PHAs to begin including participating in section 8 programs and individual from the lease. Furthermore, this a statement about goals, activities, public housing programs must ensure that, federal statutory authority to bifurcate a lease objectives, policies, or programs that upon the date of enactment of VAWA 2005, or otherwise remove an individual takes will enable a PHA to serve the needs of any denial of admission to the programs and precedence over any federal, state, or local child and adult victims of domestic any termination of assistance, tenancy, or law to the contrary. However, PHAs, occupancy rights under the programs managers, and owners must keep in mind violence, dating violence, sexual complies with the provisions of VAWA 2005, assault, or stalking. that the eviction of or the termination action and any future denial or termination action against the individual must be effected in The amendment requires the annual will comply with the provisions of VAWA accordance with the procedures prescribed plan of PHAs to include a description 2005. by federal, state, and local law. This means of: (1) Any activities, services, or VAWA 2005 provides that these new that the same procedures prescribed by programs provided or offered by an policies governing admission, federal, state, and local law that the PHA, agency, either directly or in partnership owner, or manager must follow to evict, occupancy, and termination of remove, terminate occupancy rights, or with other service providers, to child or assistance are not to interfere with adult victims of domestic violence, terminate assistance for the family as a whole certain rights and responsibilities of must also be followed when exercising such dating violence, sexual assault, or PHAs, owners, or managers 1 regarding action against an individual household stalking; (2) any activities, services, or criminal activity or acts of violence member. programs provided or offered that helps against family members or others, as child and adult victims of domestic It is further noted that under the discussed in paragraph 2, which Housing Choice Voucher (HCV) violence, dating violence, sexual follows. assault, or stalking to obtain or maintain program, PHAs have authority under the 2. Rights and Responsibilities of existing § 982.552(c)(2) to terminate housing; and (3) any activities, services, PHAs, Owners, and Managers. The or programs provided or offered to voucher assistance for certain family VAWA 2005 amendments, as recently members while permitting other prevent domestic violence, dating amended by the technical corrections violence, sexual assault, and stalking, or members of a participant family to statute, and as applicable to section 8 continue receiving assistance (provided to enhance victim safety in assisted contracts for assistance payments and families. the culpable family member will no public housing leases, provide that: longer reside in the unit). A PHA’s right Notwithstanding the restrictions that Note: PHAs must include the statement to exercise this administrative VAWA 2005 places on admission, required by VAWA 2005 in their next discretion under § 982.552(c)(2) is not regularly scheduled plan submission. PHAs occupancy, and terminations of dependent on a bifurcated lease or other are encouraged to amend or modify their occupancy or assistance, as discussed in plans before the next regular submission as paragraph 1, or any federal, state, or eviction action by the owner against an provided in 24 CFR 903.21. local law to the contrary, a PHA, owner individual family member. VAWA 2005 also provides that the or manager may ‘‘bifurcate’’ a lease B. Section 8 and Public Housing restrictions the law places on under this section, or remove a Identical Amendments. Sections 606 admission, occupancy, and termination household member from a lease under and 607 amend section 8 (42 U.S.C. of occupancy or assistance, as discussed this section, without regard to whether 1437f) and section 6 (42 U.S.C. 1437d) in paragraph 1: a household member is a signatory to of the U.S. Housing Act of 1937, • May not be construed to limit a the lease, in order to evict, remove, governing HUD’s section 8 assisted PHA, owner, or manager from honoring terminate occupancy rights, or terminate programs and HUD’s public housing various court orders issued to either assistance to any individual who is a program, respectively, as noted below. protect the victim or address the tenant or lawful occupant and who 1. Admission, Occupancy, and distribution of property in case a family engages in criminal acts of physical Termination of Assistance Policies. breaks up; Sections 606 and 607 of the VAWA violence against family members or • Does not limit any otherwise 2005 amendments provide that: others, without evicting, removing, available authority of a PHA, owner, or • Being a victim of domestic violence, terminating assistance to, or otherwise manager to terminate assistance or evict dating violence, or stalking, as these penalizing the victim of such violence due to any lease violation not premised terms are defined in the law (hereafter who is also a tenant or lawful occupant, on the act of violence in question collectively referred to as ‘‘abuse’’), is and such eviction, removal, termination against the tenant or member of the not a basis for denial of assistance or of occupancy rights, or termination of tenant’s household, provided that the admission to public or assisted housing assistance shall be effected in owner or manager does not subject an if the applicant otherwise qualifies for accordance with the procedures individual who is or has been a victim assistance or admission; prescribed by federal, state, and local of domestic violence, dating violence, or • Incidents or threats of abuse will law for the termination of leases or stalking to a more demanding standard not be construed as serious or repeated assistance under the relevant program of than other tenants in determining violations of the lease or other ‘‘good HUD-assisted housing. whether to evict or terminate assistance; cause’’ for termination of the assistance, Note: The authority provided to PHAs, • May not be construed to limit the tenancy, or occupancy rights of a victim owners, and managers under VAWA 2005 to authority of a PHA, owner, or manager of abuse; and bifurcate a lease or otherwise remove an to terminate the assistance of, or evict, • Criminal activity directly relating to individual is applicable to all existing leases any occupant who can be demonstrated abuse, engaged in by a member of a for families participating in either the public housing or section 8 programs, and specific to pose an actual or imminent threat to tenant’s household or any guest or other other tenants or the property’s

person under the tenant’s control, shall 1 employees; and Please note that in HUD’s Housing programs, the • not be cause for termination of term ‘‘manager’’ as used in VAWA is synonymous Shall not be construed to supersede assistance, tenancy, or occupancy rights with the phrase ‘‘management agent.’’ any provisions of federal, state, or local

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laws that provide greater protection for violation of the lease under the with the victim as a spouse, by a person victims of abuse. portability procedures if the family has similarly situated to a spouse of the 3. Certification of Abuse and complied with all other obligations of victim under the domestic or family Confidentiality. Sections 606 and 607 of the voucher program and has moved out violence laws of the jurisdiction VAWA 2005, and as recently amended of the assisted dwelling unit in order to receiving grant monies, or by any other by the technical corrections statute, add protect the health or safety of an person against an adult or youth victim certification and confidentiality individual who is or has been the victim who is protected from that person’s acts provisions that allow for a PHA, owner, of domestic violence, dating violence, or under the domestic or family violence or manager to request an individual to stalking and who reasonably believed he laws of the jurisdiction’’; certify that the individual is a victim of or she was imminently threatened by (2) A definition of ‘‘dating violence’’ abuse and that the incidences of abuse harm from further violence if he or she (42 U.S.C. 1473f(f)(9) and 42 U.S.C. are bona fide. The certification must remained in the assisted dwelling unit. 1436d(u)(3)(B)), which is given the same include the name of the perpetrator, and 5. PHA Notification to Tenants and meaning as this term as defined in any other statutorily required Owners Participating in Section 8 section 40002 of VAWA 1994, as added information, and the victim must Programs. VAWA 2005 further requires by VAWA 2005. VAWA 2005 defines provide the certification within 14 that PHAs must provide notice to ‘‘dating violence’’ to mean ‘‘violence business days after the individual tenants assisted under section 8 of the committed by a person (A) who is or has receives a request for such certification United States Housing Act of 1937 of from the PHA, owner, or manager. their rights, and notice to owners and been in a social relationship of a Without the certification, a PHA, managers of their rights and obligations, romantic or intimate nature with the owner, or manager may terminate under section 8 as amended by VAWA victim; and (B) where the existence of assistance. All information provided to 2005. Specifically, such notice must such a relationship shall be determined a PHA, owner, or manager is cover rights and obligations under based on a consideration of the confidential. Notice of these rights must subsections (8)(c)(9), (8)(d)(1)(B)(ii), following factors: (i) The length of the be given to tenants. The statute allows (8)(d)(1)(B)(iii), (8)(o)(7)(C), (8)(o)(7)(D), relationship; (ii) the type of for the victim to self-certify and also (8)(o)(20), (8)(r)(5), and (8)(ee). relationship; and (iii) the frequency of allows for the certification requirement interaction between the persons Note: PHAs must provide notice to all involved in the relationship.’’ to be satisfied with documentation families and owners participating under any signed by an employee, agent, or section 8 program administered by the PHA, (3) A definition of ‘‘stalking’’ (42 volunteer of a victim service provider, including the HCV tenant-based and project- U.S.C. 1437f(f)(10) and 42 U.S.C. an attorney, or a medical professional based program, the project-based certificate 14736d(u)(3)(C)), that differs from the from whom the victim has sought program, and the section 8 moderate meaning of this term as defined in assistance in addressing domestic rehabilitation program (excluding the Single Room Occupancy Moderate Rehabilitation section 40002 of VAWA 1994, as added violence, dating violence, or stalking or program authorized under the McKinney- by VAWA 2005. The definition that is the effects of the abuse in which the Vento Act). applicable to HUD’s public housing and professional attests under penalty of section 8 assisted programs is a more 6. PHA Notification to Public Housing perjury (28 U.S.C. 1746) to the detailed definition than that provided in Residents. VAWA 2005 also requires professional’s belief that the incident or section 40002 of VAWA 1994, as that PHAs must provide notice to public incidents in question are bona fide amended by VAWA 2005. For HUD housing residents of their rights under incidents of abuse, and the victim of covered programs, the definition of section 6 of the United States Housing domestic violence, dating violence, or ‘‘stalking’’ is defined as follows. Act of 1937 as amended by VAWA stalking has signed or attested to the ‘‘Stalking means (A)(i) to follow, pursue, 2005. Specifically, the notice must cover documentation. The statute also allows or repeatedly commit acts with the rights under subsections (6)(l)(5), for the certification requirement to be intent to kill, injure, harass, or (6)(l)(6), and (6)(u), including their satisfied by producing a federal, state, intimidate another person; or (ii) to rights to confidentiality and the limits tribal, territorial, or local police or court place under surveillance with the intent thereof. record. 7. Definitions Added to U.S. Housing to kill, injure, harass, or intimidate Note: HUD-Approved Certification. Act of 1937. Section 606(3) and section another person; and (B) in the course of, Sections 606 and 607 require the issuance of 607(5) of VAWA 2005, and as recently or as a result of, such following, pursuit, a ‘‘HUD-approved certification form’’ for amended by the technical corrections surveillance, or repeatedly committed victims of abuse to use. The HUD-approved statute, also amend section 8(f) and acts, to place a person in reasonable fear certification form for PIH-covered programs of the death of, or serious bodily injury is form HUD–50066, which may be found at: section 6(d) of the U.S. Housing Act of _ 1937 to provide important definitions of to, or to cause substantial emotional http://www.hudclips.org/sub nonhud/html/ harm to (i) that person; (ii) a member of forms.htm. On February 7, 2007 (72 FR terms, most notably: 5733), HUD published a 60-day notice in the (1) A definition of ‘‘domestic the immediate family of that person; or Federal Register informing the public that violence’’ (42 U.S.C. 1437f(f)(8) and 42 (iii) the spouse or intimate partner of HUD will be submitting the Office of U.S.C. 1436d(u)(3)(A)), which is given that person’’; and Housing’s certification form for its programs the same meaning as this term is (4) A definition of ‘‘immediate family (Form HUD–90066) to OMB for review. defined in section 40002 of the Violence member’’ (42 U.S.C. 1437f(f)(11) and 4. Portability in the Housing Choice Against Women Act of 1994 (VAWA 1437d(u)(3)(D)). ‘‘Immediate family Voucher Program. VAWA 2005 1994) as added by VAWA 2005. VAWA member’’ is defined to mean, ‘‘with amended section 8(r) of the United 2005 defines ‘‘domestic violence’’ to respect to a person (A) a spouse, parent, States Housing Act to provide an include ‘‘felony or misdemeanor crimes brother or sister, or child of that person, exception to the prohibition against a of violence committed by a current or or an individual to whom that person family moving under the portability former spouse of the victim, by a person stands in loco parentis; or (B) any other provisions in violation of the lease. with whom the victim shares a child in person living in the household of that VAWA 2005 provides that the family common, by a person who is person and related to that person by may receive a voucher and move in cohabitating with or has cohabitated blood or marriage.’’

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III. VAWA 2005 Amendments to the by statute. It is important to reiterate and to organizations representative of McKinney-Vento Homeless Assistance that existing paper record keeping victims of abuse on those provisions for Act requirements and aggregate reporting which additional compliance guidance The McKinney-Vento Homeless under the APR and IDIS systems are not from HUD may be beneficial to program Assistance Act (42 U.S.C. 11383) covered by this section since they participants. HUD will be amending the regulations authorizes programs that provide grants preceded the HMIS initiative and are of the programs covered by VAWA 2005 for homeless assistance. Section 605 of currently separate from HMIS; also, the to conform the existing regulations to VAWA 2005 amends section 423 of the APR and IDIS systems do not require the new statutory language and McKinney-Vento Homeless Assistance personal identifiers being entered into a requirements. Again, however, the Act. Section 423 is part of Subtitle C of central database. Section 605 also defines the terms absence of the statutory language in the the McKinney-Vento Homeless ‘‘personally identifying information’’ regulations does not mean the statutory Assistance Act, which establishes and ‘‘victim service provider.’’ The term provisions are not effective and HUD’s Supportive Housing Program. ‘‘personally identifying information’’ is applicable. The protections provided by Section 423 of that subtitle describes the defined to mean ‘‘individually the statute are immediately available to eligible activities of the Supportive identifying information likely to covered families. Housing assistance program, and section disclose the location of a victim of In HUD’s Semiannual Agenda of 605 of VAWA 2005 adds a new domestic violence, dating violence, Regulations, published on April 24, subsection (a)(8) entitled sexual assault, or stalking, including (I) 2006 (71 FR 22734), HUD’s Office of ‘‘Confidentiality.’’ a first and last name; (II) a home or other Public and Indian Housing announced Homeless Management Information physical address; (III) contact that it would revise HUD’s regulations Systems. Homeless Management information (including a postal, e-mail for its public and assisted housing Information Systems (HMIS) are or Internet protocol address, or programs to conform the regulations to computerized data collection telephone or facsimile number); (IV) a the statutory amendments made by applications that facilitate the collection social security number; and (V) any VAWA 2005 (see 71 FR 22757). This of information on homeless individuals other information including date of office reiterated this statement about and families using residential or other birth, racial or ethnic background, or forthcoming rules in Notice PIH 2006– homeless assistance services and stores religious affiliation, that, in combination 23. that data in an electronic format. The with any other non-personally HUD’s Office of Housing has already new Confidentiality provision directs identifying information would serve to engaged in outreach activities, engaging victim service providers not to disclose, identify any individual.’’ affected program participants in for purposes of HMIS, personally The term ‘‘victim service provider’’ is discussions about the nature and scope identifying information about any defined to mean ‘‘a nonprofit, of VAWA 2005 provisions and how they client. In accordance with this statutory nongovernmental organization, might best be implemented. Housing requirement, victim service providers including rape crisis centers, battered also plans to issue, in the near future, must maintain the confidentiality of women’s shelters, domestic violence a Federal Register notice that addresses personally identifying information of transitional housing programs, and VAWA 2005 requirements applicable to the providers’ clients. The Office of other programs whose primary mission participants in Housing programs. Community Planning and Development is to provide services to victims of Housing will also be issuing, by separate is also planning to issue guidance that domestic violence, dating violence, publication, guidance and a HUD- may be helpful to participants. sexual assault, or stalking.’’ approved certification form that can be It is important to note, however, that provided by an owner or management the VAWA 2005 amendment does not IV. VAWA 2005 Amendments to the agent to a tenant to help ascertain affect current aggregate reporting under Cranston-Gonzalez National Affordable whether the tenant is a victim of abuse. the Annual Progress Reporting (APR) Housing Act HUD’s Office of Community Planning process covering the Supportive Under the Cranston-Gonzalez and Development is examining new Housing, Shelter Plus Care, and Section National Affordable Housing Act, HUD technology to determine whether such 8 SRO programs. In addition, current may provide assistance to certain technology can provide the protection aggregate reporting for the Emergency jurisdictions that, in turn, will create for non-personally identifying data, Shelter Grant program under the comprehensive affordable housing which the statute directs be provided Integrated Disbursement and strategies. Section 604 of VAWA 2005 and which HUD seeks to provide. Information System (IDIS) reporting is amends section 105(b)(1) of the In addition to rules that conform not covered. Cranston-Gonzalez National Affordable regulatory language to the recently Notice and Comment Requirement. Housing Act to now require that enacted statutory language, offices may Section 605 allows HUD, through a comprehensive housing affordability issue guidance to assist program public notice and comment process, to strategies (more familiarly known as the participants in compliance with the new require recipients or subrecipients to Consolidated Plan) submitted to the amendments, depending upon questions disclose for purposes of HMIS, non- Secretary shall contain estimated raised by their respective constituents. personally identifying data that has housing needs for victims of domestic Additionally, HUD may determine that been de-identified, encrypted or violence, dating violence, sexual for certain areas of the new law, binding otherwise encoded. HUD’s Office of assault, and stalking. requirements established through Community Planning and Development proposed and final rulemaking, as V. Additional Information is considering how technology may opposed to guidance, serve as the better ensure the proper protection of As a result of the amendments to the approach for achieving compliance. personally identifying data. For HUD statutes discussed in this notice, VAWA 2005, in its entirety, is purposes of HMIS, any requirement to HUD’s Office of Community Planning available at the following Web site disclose non-personally identifying and Development and HUD’s Office of addresses: information will be issued through a Public and Indian Housing have already • For plain text version: http:// notice and comment process as directed begun outreach to program participants frwebgate.access.gpo.gov/cgi-bin/

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useftp.cgi?IPaddress=162.140.64.21& VAWA 2005’s technical correction, in getdoc.cgi?dbname=109_cong_public_ filename=publ162.109&directory=/ its entirety, is available at the following laws&docid=f:publ271.109.pdf. _ _ _ diskb/wais/data/109 cong public laws Web site addresses: Dated: February 26, 2007. • For plain text version: http:// • For PDF version: http:// frwebgate.access.gpo.gov/cgi-bin/ Roy A. Bernardi, frwebgate.access.gpo.gov/cgi-bin/ getdoc.cgi?dbname=109_cong_public_ Deputy Secretary. getdoc.cgi?dbname=109_cong_public_ laws&docid=f:publ271.109 [FR Doc. E7–4795 Filed 3–15–07; 8:45 am] laws&docid=f:publ162.109.pdf • For PDF version: http:// BILLING CODE 4210–67–P frwebgate.access.gpo.gov/cgi-bin/

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Reader Aids Federal Register Vol. 72, No. 51 Friday, March 16, 2007

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. Proposed Rules: 2 CFR Presidential Documents 351...... 12122 Executive orders and proclamations 741–6000 376...... 9233 The United States Government Manual 741–6000 601...... 10033 6 CFR 2867...... 11285 Other Services Proposed Rules: 3369...... 9235 37...... 10820 Electronic and on-line services (voice) 741–6020 Privacy Act Compilation 741–6064 3 CFR 7 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 Proclamations: 52...... 10035 TTY for the deaf-and-hard-of-hearing 741–6086 6641 (See 56...... 11773 Proclamation 70...... 11773 8111) ...... 10025 ELECTRONIC RESEARCH 210...... 10885 8031 (Amended by 215...... 10885 World Wide Web Proclamation 220...... 10885 8112) ...... 10031 225...... 10885 Full text of the daily Federal Register, CFR and other publications 8107...... 9431 is located at: http://www.gpoaccess.gov/nara/index.html 226...... 10885 8108...... 9641 245...... 10885 Federal Register information and research tools, including Public 8109...... 9643 301...... 10593 Inspection List, indexes, and links to GPO Access are located at: 8110...... 9649 305...... 10902 http://www.archives. gov/federallregister 8111...... 10025 319...... 10902 8112...... 10031 E-mail 457...... 10908 Executive Orders: 916...... 12038 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 11651 (See 917...... 12038 an open e-mail service that provides subscribers with a digital Proclamation 984...... 9841 form of the Federal Register Table of Contents. The digital form 8111) ...... 10025 Proposed Rules: of the Federal Register Table of Contents includes HTML and 12170 (See Notice of 205...... 9872 PDF links to the full text of each document. March 8, 2007)...... 10883 278...... 11291 To join or leave, go to http://listserv.access.gpo.gov and select 12957 (See Notice of 279...... 11291 Online mailing list archives, FEDREGTOC-L, Join or leave the list March 8, 2007)...... 10883 932...... 10091 (or change settings); then follow the instructions. 12959 (See Notice of March 8, 2007)...... 10883 9 CFR PENS (Public Law Electronic Notification Service) is an e-mail 13059(See Notice of 317...... 9651 service that notifies subscribers of recently enacted laws. March 8, 2007)...... 10883 381...... 9651 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13288 (See Notice of and select Join or leave the list (or change settings); then follow February 28, 10 CFR the instructions. 2007) ...... 9645 13391 (See Notice of 431...... 10038 FEDREGTOC-L and PENS are mailing lists only. We cannot 490...... 12041 respond to specific inquiries. February 28, 2007) ...... 9645 Proposed Rules: Reference questions. Send questions and comments about the 13426...... 10589 50...... 9708 Federal Register system to: [email protected] 13427...... 10879 11 CFR The Federal Register staff cannot interpret specific documents or Administrative Orders: regulations. Memorandums: 111...... 12545 Memorandum of March 12 CFR FEDERAL REGISTER PAGES AND DATE, MARCH 5, 2007 ...... 11283 Notices: 745...... 10593 9233–9432...... 1 Notice of February 28, 747...... 10593 9433–9650...... 2 2007 ...... 9645 Proposed Rules: 627...... 10939 9651–9840...... 5 Notice of March 8, 9841–10032...... 6 2007 ...... 10883 Presidential 14 CFR 10033–10338...... 7 Determinations: 39 ...... 9237, 9652, 9655, 9657, 10339–10592...... 8 No. 2007-14 of 9658, 9660, 9662, 9666, 10593–10882...... 9 February 28, 2007 ...... 10881 9843, 10049, 10052, 10054, 10883–11282...... 12 10057, 10342, 10344, 10346, 11283–11772...... 13 5 CFR 10348, 10349, 10350, 10909, 11773–12030...... 14 211...... 12031 10918, 10920, 12060, 12064, 12031–12544...... 15 317...... 12032 12066, 12068, 12071, 12072, 12545–12700...... 16 353...... 12032 12075, 12077, 12546, 12548, 550...... 12032 12550, 12555, 12557 551...... 12032 71 ...9238, 9239, 10059, 10353, 875...... 12037 10354, 11287, 12080 2641...... 10339 73...... 12081

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91...... 9845 Proposed Rules: 10360 67 ...... 9675, 10391, 10392 97...... 9846, 10354 113...... 11990 Proposed Rules: Proposed Rules: 121...... 12082 100...... 9477 67 ...... 10466, 10470, 10474 22 CFR Proposed Rules: 110...... 10438, 10440 41...... 10060 25...... 9273, 10941 165 ...... 9901, 10443, 10958 45 CFR 39 ...... 9276, 9475, 9877, 9880, 99...... 9852 34 CFR 10093, 10429, 10431, 10620, 133...... 10033 30...... 10404 10622, 10624, 10947, 10949, 137...... 10033 280...... 10605 33...... 10419 145...... 10033 74...... 9233 10951, 11295, 11297, 11300, 36 CFR 11302, 12125, 12127, 12131, Proposed Rules: 76...... 9233 12133, 12136, 12574, 12576 51...... 10095 228...... 10308, 10608 1169...... 9235 71 ...... 10953, 11305, 12578, 504...... 10954 242...... 12676 Proposed Rules: 12579 98...... 9491 23 CFR 38 CFR 15 CFR 450...... 11089 2...... 12564 47 CFR 500...... 11089 9...... 10362 740...... 9847 64...... 11789 742...... 9847 17...... 10365 24 CFR Proposed Rules: 73...... 11791 744...... 9433 301...... 12097, 12121 774...... 9847 15...... 12540 5...... 10860 Proposed Rules: 902...... 11252 91...... 12534 39 CFR 73...... 11817 570...... 12534 16 CFR 232...... 11288, 12565 76...... 9289 25 CFR 0...... 9434 40 CFR 61...... 9836 48 CFR 51...... 10367 17 CFR Ch. 44 ...... 9445 26 CFR 52 ...9263, 9441, 10380, 10608, Proposed Rules: 10610, 10613, 12565 Proposed Rules: 240...... 9412 1...... 9245, 9262 70...... 10613 5...... 10964 249...... 9412 Proposed Rules: 122...... 11200 10...... 10964 1...... 9284 136...... 11200 12...... 10964 18 CFR 301...... 9712 141...... 11200 25...... 10964 35...... 12266 28...... 12584 27 CFR 143...... 11200 37...... 12266 180 ...... 9834, 10074, 11777, 52...... 12584 9...... 10598 385...... 11287 11784 Proposed Rules: 28 CFR 271...... 12568 49 CFR Ch. I ...... 9281 300...... 10078 37...... 11089 358...... 10433 0...... 10064 430...... 11200 211...... 10086 5...... 10064 455...... 11200 19 CFR 393...... 9855 12...... 10064 465...... 11200 17...... 10064 613...... 11089 12...... 10004, 11944 Proposed Rules: 65...... 10064 Proposed Rules: 163...... 10004 35...... 12152 67...... 11285 229...... 9904 208...... 11287 51...... 10445, 11307 73...... 10064 350...... 11817 361...... 10004 52 ...... 10445, 10453, 10626, 552...... 12085 385...... 11817 10627, 10960, 11307, 11812, 20 CFR 395...... 11817 29 CFR 12581 396...... 11817 404...... 9239 60...... 9903 2530...... 10070 531...... 12153 416...... 9239 63...... 9718 4022...... 12087 533...... 12153 Proposed Rules: 70...... 10627 4044...... 12087 404...... 9709 81...... 9285 416...... 9709 Proposed Rules: 271...... 12581 50 CFR 1910...... 9716 300...... 10105, 11313 32...... 11792 21 CFR 100...... 12676 30 CFR 745...... 12582 14...... 9674 229...... 9446, 9448 71...... 10356 250...... 12088 41 CFR 230...... 10934 73...... 10356 925...... 10928 102–35...... 10084 300...... 11792 74...... 10356 942...... 9616 102–37...... 12572 622...... 10088, 10089 101...... 11776 Proposed Rules: 648 ...... 10426, 10934, 11252, 42 CFR 170...... 10356 250...... 9884 12572 171...... 10356 Ch. VII...... 12026 121...... 10616, 10922 660...... 10935 172...... 10356 920...... 10433 Proposed Rules: 665...... 10090 180...... 10356 405...... 9479 679 .....9272, 9450, 9451, 9676, 32 CFR 184...... 10356 424...... 9479 10428, 10937, 11288, 11289, 310...... 9849 706...... 10603 498...... 9479 11810 358...... 9849 Proposed Rules: Proposed Rules: 520...... 9242, 10595 635...... 12140 43 CFR 17 ...... 9913, 10477, 11819, 522 ...... 9242, 9243, 10596 903...... 10436 3160...... 10308, 10608 11946, 12585 524...... 10597 Proposed Rules: 223...... 9297 558 ...... 9244, 9245, 10357 33 CFR 4...... 10454 622...... 9499 584...... 12560 117 ...9435, 9854, 9855, 10358, 635...... 10480, 12154 1271...... 10922 10605, 11776 44 CFR 648 ...... 9719, 10967, 12158 1310...... 10925 165 ...... 9436, 10358, 10359, 65...... 10382 665...... 9500, 10628

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REMINDERS Statewide and metropolitan implementation (subsistence TRICARE program— The items in this list were transportation planning; priority): Survivors of deceased editorially compiled as an aid published 2-14-07 Fish and shellfish; active duty members to Federal Register users. VETERANS AFFAIRS subsistence taking; and adoption Inclusion or exclusion from DEPARTMENT comments due by 3-23- intermediaries; this list has no legal Adjudication; pensions, 07; published 12-19-06 comments due by 3-20- significance. compensation, dependency, [FR 06-09760] 07; published 1-19-07 etc.: Land and resource [FR E7-00709] RULES GOING INTO Home school programs; management plans, etc.: DEFENSE DEPARTMENT dependent entitlement to Medicine Bow-Routt National Engineers Corps EFFECT MARCH 16, 2007 monetary benefits; Forests and Thunder Navigation regulations: definitions; published 2- Basin National Grassland; COMMERCE DEPARTMENT 14-07 Naval Air Station Key West, National Oceanic and WY; Open for comments Organization, functions, and FL; danger zone and Atmospheric Administration until further notice; authority delegations: restricted area; comments Fishery conservation and published 3-13-07 [FR 07- Under Secretary for due by 3-23-07; published management: 01157] Memorial Affairs; 2-21-07 [FR E7-02874] Northeastern United States COMMERCE DEPARTMENT published 3-16-07 DEFENSE DEPARTMENT fisheries— National Oceanic and Summer flounder; Atmospheric Administration Navy Department published 3-19-07 RULES GOING INTO Acquisition regulations: EFFECT MARCH 17, 2007 Fishery and conservation COMMODITY FUTURES management: Continuous process TRADING COMMISSION Western Pacific fisheries— improvements; comments Commodity Exchange Act: HOMELAND SECURITY due by 3-19-07; published Designated contract DEPARTMENT Electronic logbook forms; 1-18-07 [FR E7-00612] Coast Guard optional use; comments markets; conflicts of EDUCATION DEPARTMENT interest in self regulation Ports and waterways safety; due by 3-23-07; Grants and cooperative and self-regulatory regulated navigation areas, published 2-21-07 [FR agreements; availability, etc.: organizations; acceptable safety zones, security E7-02893] practices; published 2-14- zones, etc.: Marine mammals: Special education and 07 Milwaukee Captain of the Sea turtle conservation— rehabilitative services— Port Zone, WI; published FEDERAL ELECTION Atlantic trawl fisheries; Youth with disabilities; 3-8-07 COMMISSION turtle excluder devices improving Compliance procedures: requirements; comments postsecondary and Enforcement proceedings; COMMENTS DUE NEXT due by 3-19-07; employment outcomes; matters under review; WEEK published 2-15-07 [FR comments due by 3-19- policy statement; E7-02719] 07; published 2-15-07 [FR E7-02685] published 3-16-07 AGRICULTURE COMMERCE DEPARTMENT HEALTH AND HUMAN DEPARTMENT ENVIRONMENTAL Patent and Trademark Office SERVICES DEPARTMENT Agricultural Marketing PROTECTION AGENCY Food and Drug Service Patent cases: Air pollution control: Administration Beef promotion and research; Patent Cooperation Treaty; Indian country; new sources Animal drugs, feeds, and comments due by 3-19-07; application procedures; and modifications review; related products: published 1-18-07 [FR E7- comments due by 3-19- comments due by 3-20- 25-hydroxyvitamin; published 00598] 07; published 2-16-07 [FR 07; published 2-8-07 [FR 3-16-07 Hazelnuts grown in Oregon E7-02761] E7-02101] PEACE CORPS and Washington; comments DEFENSE DEPARTMENT Air programs: Federal Tort Claims Act; due by 3-23-07; published Defense Acquisition Fuels and fuel additives— claims against the 1-22-07 [FR E7-00763] Regulations System Olives grown in California; East St. Louis, IL; Government; revisions; Acquisition regulations: published 1-30-07 comments due by 3-22-07; reformulated gasoline Berry Amendment program extension; POSTAL SERVICE published 3-7-07 [FR E7- restrictions; clothing public hearing; Organization and 03936] materials and components comments due by 3-23- administration: Potatoes (Irish) grown in covered; comments due 07; published 2-2-07 Conduct on Postal Service Washington; comments due by 3-19-07; published 1-16- by 3-23-07; published 1- [FR E7-01726] property; weapons and 22-07 [FR E7-00731] explosives prohibition; 07 [FR E7-00425] Air quality implementation Emergency acquisitions; √ √ clarification; published 3- AGRICULTURE plans; A approval and comments due by 3-23- 16-07 DEPARTMENT promulgation; various States 07; published 1-22-07 [FR and State operating permits TRANSPORTATION Animal and Plant Health E7-00730] programs: DEPARTMENT Inspection Service Federal Highway Plant-related quarantine, Information assurance Missouri; comments due by Administration domestic: contractor training and 3-23-07; published 2-21- certification; comments Planning assistance and Oriental fruit fly; comments 07 [FR E7-02808] due by 3-23-07; published standards: due by 3-23-07; published Air quality implementation 1-22-07 [FR E7-00732] Statewide and metropolitan 1-22-07 [FR E7-00801] plans; approval and transportation planning; Correction; comments due Taxpayer identification promulgation; various States published 2-14-07 by 3-23-07; published numbers; comments due and State operating permits by 3-23-07; published 1- TRANSPORTATION 1-26-07 [FR Z7-00801] programs: 22-07 [FR E7-00736] DEPARTMENT AGRICULTURE Missouri; comments due by Federal Transit DEPARTMENT DEFENSE DEPARTMENT 3-23-07; published 2-21- Administration Forest Service Civilian health and medical 07 [FR E7-02807] Planning assistance and Alaska National Interest Lands program of the uniformed Air quality implementation standards: Conservation Act; Title VIII services (CHAMPUS): plans; approval and

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promulgation; various safety zones, security Rolls-Royce plc; comments may be used in conjunction States: zones, etc.: due by 3-23-07; published with ‘‘PLUS’’ (Public Laws New Mexico; comments due Savannah River, GA; 1-22-07 [FR E7-00684] Update Service) on 202–741– by 3-19-07; published 2- comments due by 3-20- Turbomeca S.A.; comments 6043. This list is also 15-07 [FR E7-02671] 07; published 1-19-07 [FR due by 3-19-07; published available online at http:// Solid wastes: E7-00728] 1-17-07 [FR E7-00494] www.archives.gov/federal- Hazardous waste; Regattas and marine parades: Airworthiness standards: register/laws.html. identification and listing— Virginia State Hydroplane Special conditions— The text of laws is not Hazardous waste code Championship; comments Dassault Aviation Model published in the Federal F019; modification; due by 3-19-07; published Falcon 7X airplane; Register but may be ordered comments due by 3-19- 3-2-07 [FR E7-03638] comments due by 3-21- in ‘‘slip law’’ (individual 07; published 1-18-07 INTERIOR DEPARTMENT 07; published 3-1-07 pamphlet) form from the [FR E7-00640] Fish and Wildlife Service [FR E7-03582] Superintendent of Documents, Toxic substances: Alaska National Interest Lands TRANSPORTATION U.S. Government Printing Hazardous substances Conservation Act; Title VIII DEPARTMENT Office, Washington, DC 20402 priority list; chemical (phone, 202–512–1808). The implementation (subsistence Federal Motor Carrier Safety testing requirements; text will also be made priority): Administration comments due by 3-19- available on the Internet from Fish and shellfish; 07; published 12-18-06 Motor carrier safety standards: GPO Access at http:// subsistence taking; [FR E6-21494] Intermodal equipment www.gpoaccess.gov/plaws/ comments due by 3-23- providers, motor carriers, index.html. Some laws may FEDERAL TRADE 07; published 12-19-06 COMMISSION and drivers operating not yet be available. [FR 06-09760] intermodal equipment; Industry guides: NUCLEAR REGULATORY safety and maintenance H.R. 49/P.L. 110–7 Guides concerning use of COMMISSION requirements; comments To designate the facility of the endorsements and Rulemaking petitions: due by 3-21-07; published testimonials in advertising; 12-21-06 [FR E6-21380] United States Postal Service comment request; Massachusetts Attorney located at 1300 North comments due by 3-19- General; comments due TRANSPORTATION Frontage Road West in Vail, 07; published 1-18-07 [FR by 3-19-07; published 1- DEPARTMENT Colorado, as the ‘‘Gerald R. 07-00197] 19-07 [FR E7-00712] National Highway Traffic Ford, Jr. Post Office Building’’. HEALTH AND HUMAN PERSONNEL MANAGEMENT Safety Administration (Mar. 7, 2007; 121 Stat. 62) OFFICE SERVICES DEPARTMENT Motor vehicle safety H.R. 335/P.L. 110–8 Centers for Medicare & Employment: standards: Medicaid Services Suitability; determinations, Occupant crash protection— To designate the facility of the United States Postal Service Medicaid: action procedures, Merit Door locks and retention Systems Protection Board located at 152 North 5th Provisions to ensure the components and side appeals, and savings Street in Laramie, Wyoming, integrity of Federal-State impact protection; provision; comments due as the ‘‘Gale W. McGee Post Financial Partnership; cost comments due by 3-23- by 3-19-07; published 1- Office’’. (Mar. 7, 2007; 121 limit for providers 07; published 2-6-07 18-07 [FR E7-00592] Stat. 63) operated by units of [FR 07-00517] government; comments POSTAL SERVICE TREASURY DEPARTMENT H.R. 433/P.L. 110–9 due by 3-19-07; published Domestic Mail Manual: Internal Revenue Service To designate the facility of the 1-18-07 [FR 07-00195] Adult fowl; revised mailing Income taxes: United States Postal Service HEALTH AND HUMAN standards; comments due located at 1700 Main Street in Business electronic filing; SERVICES DEPARTMENT by 3-19-07; published 2- Little Rock, Arkansas, as the guidance; comments due 16-07 [FR E7-02817] ‘‘Scipio A. Jones Post Office Food and Drug by 3-22-07; published 12- Building’’. (Mar. 7, 2007; 121 Administration TRANSPORTATION 22-06 [FR 06-09757] DEPARTMENT Stat. 64) Communicable diseases Corporate reorganizations; control: Federal Aviation distributions; cross- H.R. 514/P.L. 110–10 African rodents, prairie Administration reference; comments due To designate the facility of the dogs, and certain other Airworthiness directives: by 3-19-07; published 12- United States Postal Service animals; restrictions; Airbus; comments due by 3- 19-06 [FR E6-21572] comments due by 3-23- located at 16150 Aviation 23-07; published 1-22-07 VETERANS AFFAIRS Loop Drive in Brooksville, 07; published 2-21-07 [FR [FR 07-00201] E7-02857] DEPARTMENT Florida, as the ‘‘Sergeant Lea Dassault; comments due by National cemeteries: Robert Mills Brooksville Food for human consumption: 3-19-07; published 1-18- Aviation Branch Post Office’’. Headstone and marker Food labeling— 07 [FR E7-00490] (Mar. 7, 2007; 121 Stat. 65) application process; Calcium, vitamin D, and EADS SOCATA; comments osteoporosis; nutrient comments due by 3-20- H.R. 577/P.L. 110–11 due by 3-23-07; published 07; published 1-19-07 [FR content claims; To designate the facility of the 2-21-07 [FR E7-02888] E7-00644] comments due by 3-21- General Electric Co.; United States Postal Service 07; published 1-5-07 comments due by 3-19- located at 3903 South [FR E6-22573] 07; published 1-17-07 [FR LIST OF PUBLIC LAWS Congress Avenue in Austin, HOMELAND SECURITY E7-00499] Texas, as the ‘‘Sergeant Henry Ybarra III Post Office DEPARTMENT Gippsland Aeronautics Pty. This is a continuing list of Building’’. (Mar. 7, 2007; 121 Coast Guard Ltd.; comments due by 3- public bills from the current Stat. 66) Ports and waterways safety; 19-07; published 2-16-07 session of Congress which regulated navigation areas, [FR E7-02516] have become Federal laws. It Last List February 28, 2007

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enacted public laws. To PENS cannot respond to subscribe, go to http:// specific inquiries sent to this Public Laws Electronic listserv.gsa.gov/archives/ address. Notification Service publaws-l.html (PENS) Note: This service is strictly for E-mail notification of new PENS is a free electronic mail laws. The text of laws is not notification service of newly available through this service.

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