4–9–08 Wednesday Vol. 73 No. 69 Apr. 9, 2008

Pages 19139–19388

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Contents Federal Register Vol. 73, No. 69

Wednesday, April 9, 2008

Agriculture Department Unconventional Resources Technology Advisory See Animal and Plant Health Inspection Service Committee, 19200–19201 See Food and Nutrition Service See Forest Service Environmental Protection Agency RULES Animal and Plant Health Inspection Service 1-Methylcyclopropene; Amendment to an Exemption from RULES the Requirement of a Tolerance, 19147–19150 Tuberculosis in Cattle and Bison; State and Zone Approval and Promulgation of Implementation Plans: Designations; Minnesota, 19139–19142 Nevada, 19144–19147 Pesticide Tolerance: Antitrust Division Buprofezin, 19154–19161 NOTICES Fenhexamid, 19150–19154 Proposed Final Judgment and Competitive Impact PROPOSED RULES Statement: National Primary Drinking Water Regulations: Altivity Packaging LLC et al., 19250–19259 Aircraft Public Water Systems, 19320–19348 NOTICES Broadcasting Board of Governors Experimental Use Permit Issuance, 19214 NOTICES Meetings; Sunshine Act, 19190 Executive Office of the President See Presidential Documents Children and Families Administration NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 19218–19219 Class D Airspace; Establishment: Issuance for Final Policy Directive, 19219–19229 New Braunfels, TX, 19143 Class E Airspace; Proposed Establishment: Civil Rights Commission Huntsville, AR, 19143–19144 NOTICES PROPOSED RULES Meetings: Class D Airspace; Proposed Establishment: New Jersey Advisory Committee, 19190 Albuquerque, NM, 19174–19175 NOTICES Commerce Department Flight Standards Service Schedule of Charges Outside the See Economic Development Administration United States, 19277 See Foreign-Trade Zones Board Petitions for Exemption; Summary of Petitions Received, See International Trade Administration 19277–19278 See National Oceanic and Atmospheric Administration Surplus Property Release at Mobile Downtown Airport, Mobile, AL; Public Comment Opportunity, 19278 Defense Department See Navy Department Federal Communications Commission NOTICES Drug Enforcement Administration Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 19214–19216 Control of Immediate Precursor Used in Illicit Manufacture of Fentanyl as a Schedule II Controlled Substance, Federal Emergency Management Agency 19175–19179 RULES Final Flood Elevation Determinations, 19161–19171 Economic Development Administration NOTICES Federal Energy Regulatory Commission Petitions by Firms for Determination of Eligibility to Apply NOTICES for Trade Adjustment Assistance, 19190–19191 Combined Notice of Filings, 19201–19212 Complaint: Education Department Entergy Corporation, et al., 19212 NOTICES System Energy Resources, Inc. et al., 19205 Agency Information Collection Activities; Proposals, Environmental Assessment: Submissions, and Approvals, 19197–19198 Crisp County Power Commission, 19212 Filing: Energy Department Hydro Green Energy, LLC, 19212–19214 See Federal Energy Regulatory Commission Petition for Declaratory Order: NOTICES TransCanada Keystone Pipeline, LP, 19214 Privacy Act; Systems of Records Correction, 19198 Federal Housing Enterprise Oversight Office Solicitation of Nominations: NOTICES Ultra-Deepwater Advisory Committee, 19198–19200 Privacy Act; Systems of Records, 19236–19237

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Federal Law Enforcement Training Center Capacity Building for Community Development and NOTICES Affordable Housing Grants, 19380–19384 Meetings: Advisory Committee to the Office of State and Local Indian Affairs Bureau Training, 19233 PROPOSED RULES Job Placement and Training, 19179–19185 Federal Maritime Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Agreements Filed, 19216–19217 Submissions, and Approvals, 19240–19241 Ocean Transportation Intermediary License; Applicants, 19217 Interior Department Ocean Transportation Intermediary License; Reissuance, See Fish and Wildlife Service 19217 See Indian Affairs Bureau See Minerals Management Service Federal Motor Carrier Safety Administration See National Park Service PROPOSED RULES Commercial Driver’s License Testing and Commercial Internal Revenue Service Learner’s Permit Standards, 19282–19317 RULES Source Rules Involving U.S. Possessions and Other Federal Reserve System Conforming Changes, 19350–19377 NOTICES Change in Bank Control Notices; Acquisition of Shares of International Trade Administration Bank or Bank Holding Companies, 19217 NOTICES Formations, Acquisitions, and Mergers of Bank Holding Ferrovanadium from the Peoples Republic of China and the Companies, 19217–19218 Republic of South Africa: Meetings; Sunshine Act, 19218 Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 19192–19193 Fish and Wildlife Service Granular Polytetrafluoroethylene Resin From Italy: NOTICES Extension of Time Limit for Preliminary Results of Endangered Species Recovery Permits Applications, 19237– Antidumping Duty Administrative Review, 19193 19238 Environmental Statements; Availability, etc.: International Trade Commission Willapa National Wildlife Refuge, Pacific County, WA, NOTICES 19238–19239 Investigation: Meetings: Off-the-Road Tires From China, 19249 Aquatic Nuisance Species Task Force, 19239 Justice Department Food and Nutrition Service See Antitrust Division NOTICES See Drug Enforcement Administration Child Nutrition Programs; Income Eligibility Guidelines, NOTICES 19186–19187 Lodging of Proposed Consent Decree, 19249–19250 Foreign-Trade Zones Board Minerals Management Service NOTICES NOTICES Subzone Status: Agency Information Collection Activities; Proposals, MPM Silicones, LLC, 19191–19192 Submissions, and Approvals, 19241–19246 Forest Service NOTICES National Aeronautics and Space Administration Newspapers Used Publication Legal Notice of Appealable NOTICES Decisions, etc., 19187–19190 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19259–19260 Health and Human Services Department See Children and Families Administration National Institute for Literacy See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Meetings: Administration Advisory Board, 19260–19261

Homeland Security Department National Institutes of Health See Federal Emergency Management Agency NOTICES See Federal Law Enforcement Training Center Meetings: See U.S. Citizenship and Immigration Services Center for Scientific Review, 19229 National Institute of Allergy and Infectious Diseases, Housing and Urban Development Department 19231 See Federal Housing Enterprise Oversight Office National Institute of Biomedical Imaging and NOTICES Bioengineering, 19230 Agency Information Collection Activities; Proposals, National Institute of General Medical Sciences, 19230 Submissions, and Approvals, 19235–19236 National Institute on Drug Abuse, 19229–19231

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National Oceanic and Atmospheric Administration Order Exempting Non-Convertible Preferred Securities RULES From Rule 611(a), etc., 19270–19271 Fisheries of the Exclusive Economic Zone Off Alaska: Order Modifying Exemption for Qualified Contingent Atka Mackerel by Vessels in the Amendment 80 Limited Trades From Rule 611(a), etc., 19271–19274 Access Fishery in the Western Aleutian District of Self-Regulatory Organizations; Proposed Rule Changes: the Bering Sea and Aleutian Islands Management New York Stock Exchange LLC, 19274–19276 Area, 19172 Pacific Cod by Catcher Vessels Using Trawl Gear in the State Department Bering Sea and Aleutian Islands Management Area, NOTICES 19172–19173 Determination: Taking of Marine Mammals Incidental to Commercial Pakistan, 19276–19277 Fishing Operations: Provision of Assistance to Comoros, 19277 Atlantic Large Whale Take Reduction Plan Regulations— Correction, 19171 NOTICES Substance Abuse and Mental Health Services Guidelines for Coastal and Estuarine Land Conservation; Administration Proposed Revision, 19193–19194 Marine Mammals; Amendment Application, 19194 NOTICES Current List of Laboratories Which Meet Minimum National Park Service Standards To Engage in Urine Drug Testing for Federal NOTICES Agencies, 19231–19232 Clarifying the Definition of Substantial Restoration of Natural Quiet at Grand Canyon National Park, AZ, Thrift Supervision Office 19246–19248 NOTICES Environmental Statements; Availability, etc.: Agency Information Collection Activities; Proposals, General Management Plan Amendment; Petrified Forest Submissions, and Approvals, 19278–19279 National Park, AZ, 19248–19249 Deposits and Savings Accounts by Office, 19279

Navy Department Transportation Department NOTICES See Federal Aviation Administration Environmental statements; availability, etc.: See Federal Motor Carrier Safety Administration Naval Surface Warfare Center Panama City Division Mission Activities; Hearings, 19194–19196 Treasury Department Intent to Terminate the Draft Supplemental Environmental Impact Statement for the Introduction of F/A-18E/F See Internal Revenue Service Super Hornet Aircraft, etc., 19196–19197 See Thrift Supervision Office Nuclear Regulatory Commission U.S. Citizenship and Immigration Services NOTICES NOTICES Commonwealth of Pennsylvania; Discontinuance of Certain Agency Information Collection Activities; Proposals, Commission Regulatory Authority Within, etc., 19261– Submissions, and Approvals, 19233–19235 19263 Consideration of Amendment Request for Decommissioning of the Department of the Army, U.S. Army Research, Separate Parts In This Issue etc., 19263–19265 Order Modifying Amended Facility Operating License: Oregon State University, 19265–19267 Part II Transportation Department, Federal Motor Carrier Safety Office of Federal Housing Enterprise Oversight Administration, 19282–19317 See Federal Housing Enterprise Oversight Office Part III Overseas Private Investment Corporation Environmental Protection Agency, 19320–19348 NOTICES Meetings; Sunshine Act, 19267 Part IV Treasury Department, Internal Revenue Service, 19350– Presidential Documents 19377 PROCLAMATIONS Special observances: National Tartan Day (Proc. 8233), 19385–19388 Part V Housing and Urban Development Department, 19380–19384 Securities and Exchange Commission NOTICES Part VI Agency Information Collection Activities; Proposals, Executive Office of the President, Presidential Documents, Submissions, and Approvals, 19267–19269 19385–19388

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To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Reader Aids listserv.access.gpo.gov and select Online mailing list Consult the Reader Aids section at the end of this issue for archives, FEDREGTOC-L, Join or leave the list (or change phone numbers, online resources, finding aids, reminders, settings); then follow the instructions. and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8233...... 19387 9 CFR 77...... 19139 14 CFR 71 (2 documents) ...... 19143 Proposed Rules: 71...... 19174 21 CFR Proposed Rules: 1308...... 19175 25 CFR Proposed Rules: 26...... 19179 27...... 19179 26 CFR 1...... 19350 301...... 19350 40 CFR 52...... 19144 180 (3 documents) ...... 19147, 19150, 19154 Proposed Rules: 141...... 19320 44 CFR 67...... 19161 49 CFR Proposed Rules: 383...... 19282 384...... 19282 385...... 19282 50 CFR 229...... 19171 679 (2 documents) ...... 19172

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Rules and Regulations Federal Register Vol. 73, No. 69

Wednesday, April 9, 2008

This section of the FEDERAL REGISTER docket in our reading room. The reading the interstate movement of cattle and contains regulatory documents having general room is located in room 1141 of the bison not known to be infected with or applicability and legal effect, most of which USDA South Building, 14th Street and exposed to tuberculosis. The interstate are keyed to and codified in the Code of Independence Avenue, SW., movement requirements depend upon Federal Regulations, which is published under Washington, DC. Normal reading room whether the animals are moved from an 50 titles pursuant to 44 U.S.C. 1510. hours are 8 a.m. to 4:30 p.m., Monday accredited-free State or zone, modified The Code of Federal Regulations is sold by through Friday, except holidays. To be accredited advanced State or zone, the Superintendent of Documents. Prices of sure someone is there to help you, modified accredited State or zone, new books are listed in the first FEDERAL please call (202) 690–2817 before accreditation preparatory State or zone, REGISTER issue of each week. coming. or nonaccredited State or zone. Other Information: Additional The status of a State or zone is based information about APHIS and its on its freedom from evidence of DEPARTMENT OF AGRICULTURE programs is available on the Internet at tuberculosis in cattle and bison, the http://www.aphis.usda.gov. effectiveness of the State’s tuberculosis Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: eradication program, and the degree of Service Dr. C. William Hench, Senior Staff the State’s compliance with the standards for cattle and bison contained 9 CFR Part 77 Veterinarian, Ruminant Health Programs, National Center for Animal in the UMR. Prior to this interim rule, [Docket No. APHIS–2008–0037] Health Programs, VS, APHIS, 2150 Minnesota was designated as a modified Centre Avenue, Building B, MSC 3–E– accredited advanced State. Tuberculosis in Cattle and Bison; State 20, Fort Collins, CO 80526–8117; (970) The regulations in § 77.5 define a and Zone Designations; Minnesota 494–7378. modified accredited advanced State or AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: zone as a State or zone in which Inspection Service, USDA. tuberculosis has been prevalent in less Background ACTION: Interim rule and request for than 0.01 percent of the total number of comments. Bovine tuberculosis is a contagious herds of cattle and bison in the State or and infectious granulomatous disease zone for each of the most recent 2 years. SUMMARY: We are amending the bovine caused by Mycobacterium bovis. It That definition does provide, however, tuberculosis regulations regarding State affects cattle, bison, deer, elk, goats, and that a State or zone with fewer than and zone classifications by removing other warm-blooded species, including 30,000 herds may have up to 3 affected Minnesota from the list of modified humans. Tuberculosis in infected herds for each of the most recent 2 accredited advanced States and adding animals and humans manifests itself in years, depending on the veterinary it to the list of modified accredited lesions of the lung, lymph nodes, bone, infrastructure, livestock demographics, States. This action is necessary to help and other body parts, causes weight loss and tuberculosis control and eradication prevent the spread of tuberculosis and general debilitation, and can be measures in the State or zone. As a State because Minnesota no longer meets the fatal. At the beginning of the past with approximately 21,300 herds, requirements for modified accredited century, tuberculosis caused more according to data for 2007 obtained from advanced State status. losses of livestock than all other the National Agricultural Statistics DATES: This interim rule is effective livestock diseases combined. This Service, Minnesota had been able to April 9, 2008. We will consider all prompted the establishment of the retain its modified accredited advanced comments that we receive on or before National Cooperative State/Federal status despite the detection of 3 June 9, 2008. Bovine Tuberculosis Eradication tuberculosis-affected herds since ADDRESSES: You may submit comments Program for tuberculosis in livestock. October 2007. However, the recent by either of the following methods: Through this program, the Animal and detection of a fourth tuberculosis- Federal eRulemaking Portal: Go to Plant Health Inspection Service (APHIS) affected herd means that Minnesota no http://www.regulations.gov/fdmspublic/ works cooperatively with the national longer qualifies for modified accredited component/main?main=DocketDetail livestock industry and State animal advanced status. Therefore, we are &d=APHIS-2008-0037 to submit or view health agencies to eradicate tuberculosis amending the regulations by removing comments and to view supporting and from domestic livestock in the United Minnesota from the list of modified related materials available States and prevent its recurrence. accredited advanced States or zones and electronically. Federal regulations implementing this adding it to the list of modified Postal Mail/Commercial Delivery: program are contained in 9 CFR part 77, accredited States or zones in § 77.11. Please send two copies of your comment ‘‘Tuberculosis’’ (referred to below as the The four affected herds detected in to Docket No. APHIS–2008–0037, regulations), and in the ‘‘Uniform the State have been quarantined, and a Regulatory Analysis and Development, Methods and Rules—Bovine complete epidemiological investigation PPD, APHIS, Station 3A–03.8, 4700 Tuberculosis Eradication’’ (UMR), into the potential sources of the disease River Road, Unit 118, Riverdale, MD which is incorporated by reference into is being conducted. 20737–1238. Please state that your the regulations. The regulations restrict Under the regulations in § 77.12, comment refers to Docket No. APHIS– the interstate movement of cattle, bison, cattle or bison that originate in a 2008–0037. and captive cervids to prevent the modified accredited State or zone, and Reading Room: You may read any spread of tuberculosis. Subpart B of the are not known to be infected with or comments that we receive on this regulations contains requirements for exposed to tuberculosis, may be moved

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interstate only under one of the rulemaking we undertake to recognize a Reason for the Action following conditions: zone within Minnesota. Because of increased incidence of The cattle or bison are moved directly Emergency Action bovine tuberculosis, Minnesota no to slaughter at an approved slaughtering longer qualifies for modified accredited establishment (§ 77.12(a)); This rulemaking is necessary on an advanced status. It is necessary to The cattle or bison are sexually intact emergency basis to prevent the spread of reclassify the State as modified heifers moved to an approved feedlot, or tuberculosis in the United States. Under accredited and conduct the additional are steers or spayed heifers; and are these circumstances, the Administrator disease prevention measures required either officially identified or identified has determined that prior notice and by that reclassification in order to by premises of origin identification; and opportunity for public comment are mitigate the spread of bovine are accompanied by a certificate stating contrary to the public interest and that tuberculosis to other States. that they were classified negative to an there is good cause under 5 U.S.C. 553 official tuberculin test conducted within for making this rule effective less than Objectives and Legal Basis for the Rule 60 days prior to the date of movement 30 days after publication in the Federal The objective of the rule is to limit the (§ 77.12(b)); Register. spread of tuberculosis from Minnesota The cattle or bison are from an We will consider comments we to other States. APHIS’ authority to accredited herd and are accompanied by receive during the comment period for carry out operations and measures to a certificate stating that the accredited this interim rule (see DATES above). detect, control, or eradicate bovine herd completed the testing necessary for After the comment period closes, we tuberculosis is the Animal Health accredited status with negative results will publish another document in the Protection Act (7 U.S.C. 8301–8317). within 1 year prior to the date of Federal Register. The document will movement (§ 77.12(c)); or include a discussion of any comments A Description of and Estimate of the The cattle or bison are sexually intact we receive and any amendments we are Number of Small Entities to Which the animals; are not from an accredited making to the rule. Rule Will Apply herd; are officially identified; and are Executive Order 12866 and Regulatory The cattle industry plays an important accompanied by a certificate stating that Flexibility Act role in Minnesota’s economy. There the herd from which they originated were 21,300 cattle and calf operations was negative to a whole herd test This interim rule has been reviewed (herds) in Minnesota in 2007, with a conducted within 1 year prior to the under Executive Order 12866. For this total inventory of 2.4 million head on date of movement and that the action, the Office of Management and January 1, 2008.1 Cash receipts from individual animals to be moved were Budget has waived its review under cattle and calves and dairy products negative to an additional official Executive Order 12866. totaled $925.5 million and $1,073.7 tuberculin test conducted within 60 The Regulatory Flexibility Act million, respectively, in 2006, the latest days prior to the date of movement, requires agencies to evaluate the year for which these data are available. except that the additional test is not potential economic effects of their Seven-year average receipts for cattle required if the animals are moved regulatory actions on small businesses, and calves and dairy products between interstate within 60 days following the small organizations and small 2000 and 2006 were $944 million and whole herd test (§ 77.12(d)). governmental jurisdictions. This initial $1,162 million, respectively, for an Minnesota has indicated that it regulatory flexibility analysis examines average total of $2.1 billion.2 intends to pursue zone classification, or expected impacts for small entities in The vast majority of cattle operations split-State status, under §§ 77.3 and 77.4 Minnesota as a result of this interim rule in Minnesota (99 percent, or over 21,000 of the regulations, and APHIS is that amends the State’s bovine enterprises) are small entities that have initiating a risk assessment to assist in tuberculosis status from modified annual receipts of not more than our evaluation of such a request. That accredited advanced to modified $750,000. The composition of risk assessment will be made available accredited. We invite comments about Minnesota’s cattle inventory is shown in as a supporting document for any future this rule as it relates to small entities. Table 1.

TABLE 1.—MINNESOTA’S CATTLE INVENTORY BY TYPE: JANUARY 1, 2008

Percentage of Type Number total

Beef cows ...... 397,000 16.5 Milk cows ...... 463,000 19.3 Heifers: Beef cow replacements ...... 100,000 4.2 Milk cow replacements ...... 270,000 11.3 Other heifers ...... 175,000 7.3

Total heifers ...... 545,000 22.7

Steers ...... 445,000 18.5 Bulls ...... 40,000 1.7 Calves ...... 510,000 21.3

Total ...... 2,400,000 100.0 Source: USDA/NASS. http://usda.mannlib.cornell.edu/usda/current.Catt/Catt-02-01-2008.pdf.

1 USDA/NASS. http://usda.mannlib.cornell.edu/ 2 USDA/ERS, Farm Income: Annual Cash Commodity Groups and Selected Commodities, usda/current.Catt/Catt-02-01-2008.pdf. Receipts, 1924–2006: Table 5—Cash Receipts, by Minnesota, 2000–2006.

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A Description of Compliance 2. As shown, no additional without accredited status will require a Requirements and Expected Effects of requirements are placed on animals whole herd test within the previous 12 the Rule moving directly to slaughter or those months and a negative 60-day test prior Minnesota’s bovine tuberculosis moving from an accredited herd. Intact to interstate movement. If the intact status has been modified accredited heifers moved interstate to an approved animals are moved within 60 days of the advanced. This interim rule amends the feedlot and steers and spayed heifers whole herd test, they do not require an State’s status to modified accredited. As moved interstate will require additional test. Thus, owners of non- a result of this action, herd owners are certification and testing within 60 days accredited herds that move intact expected to be negatively affected. The of movement (60-day test). Also, intact animals or steers and spayed heifers additional requirements for movement animals (that is, beef and milk cows that interstate will bear additional costs of cattle as a result of the change in have calved, beef and milk cow because of Minnesota’s loss of modified tuberculosis status are shown in Table replacements and bulls) from a herd accredited advanced status.

TABLE 2.—A COMPARISON OF REQUIREMENTS FOR INTERSTATE MOVEMENT FROM STATES OR ZONES HAVING MODIFIED ACCREDITED ADVANCED STATUS AND MODIFIED ACCREDITED STATUS

Type of cattle and movement a Modified accredited advanced status Modified accredited status

All types moved directly to slaughter at an ap- No test required ...... No test required. proved slaughtering establishment. Intact heifers moved to an approved feedlotb .... Official ID only ...... Official ID, certificate of negative 60-day test. Steers and spayed heifersc ...... Official ID only ...... Official ID, certificate of negative 60-day test. Cattle from an accredited herdd ...... Certificate that herd was tested within 1 year Certificate that herd was tested within 1 year of movement. of movement. Intact cattle from a herd without accredited sta- Official ID, certificate of negative 60-day test .. Official ID, certificates of negative whole herd tus. test within previous 12 months and negative 60-day test; 60-day test not required if moved within 60 days of the whole herd test. Source: 9 CFR 77.10 and 77.12. a The movement requirements apply also to bison. b Currently, there are no approved feedlots (facilities that handle high risk animals) in the United States. c There are few, if any, spayed heifers in Minnesota. d There are no accredited herds in Minnesota.

Tuberculosis testing, including moved directly to slaughter in 2007.3 which intact heifers will require the 60- veterinary fees, completion of certificate We do not know the percentage of cattle day test. We estimate that 361,250 intact forms and handling expenses, costs moved directly to slaughter by class, but heifers ([119,000 head + 314,500 head] about $10 to $15 per test. Based on the assume that the 32 percent is × 10/12) will require the additional 60- above information, all steers and intact representative for steers. Thus, there day test each year. Applying the heifers moved interstate but not directly will be 302,600 steers (445,000 head × estimated testing costs per animal of $10 to slaughter will need certification of a 0.68) that will require certification of a to $15, the 60-day test will result in a negative 60-day test, and the intact negative 60-day test prior to interstate total annual cost of between $3,612,500 animals from herds without accredited movement. Applying the above testing and $5,418,750. status that move interstate will need a costs per animal yields a total annual As stated above, there are whole herd test and a 60-day test unless cost for testing steers of between approximately 21,300 cattle and bison moved within the first 60 days $3,026,000 (302,600 head × $10 per herds or operations in Minnesota with × following the whole herd test. In head) and $4,539,000 (302,600 head a total of 2.4 million animals or with an estimating what these testing costs may $15 per head). average number of 113 animals per total for Minnesota’s cattle producers, Assuming that 32 percent of the herd. In order to be eligible for interstate and the extent to which small entities ‘‘Other Heifers’’ shown in Table 1 are movement, intact cattle or bison must may be affected, we have assumed that moved directly to slaughter implies that originate from a herd that has had a × the change in bovine tuberculosis status 119,000 intact heifers (175,000 head whole herd test within 1 year prior to will affect all Minnesota herds. We 0.68) from this category will require a the date of interstate movement. recognize that this assumption negative individual 60-day test if these Additionally, all dairies must have a overstates the probable number of herds heifers are moved more than 60 days whole herd test annually to comply affected, since movement of cattle after their herd of origin has had a with the Pasteurized Milk Ordinance within Minnesota will not be impacted. whole herd test. We also assume that 85 (PMO) unless an approved surveillance However, we also note that there are percent of the intact replacement heifers plan is in place within the State. other marketing costs attributable to the are moved interstate (with operators Assuming that all cattle operations will change in status that are not quantified retaining 15 percent, on average). These desire the ability to move their cattle or × in this analysis; namely, a price heifers number 314,500 (370,000 head bison to any other State or zone, or be discount incurred by sellers of cattle 0.85). Because intact heifers may be required to test to comply with PMO, that originate from a State or zone of moved interstate within 60 days of the every herd in the State will need to lower status. whole herd test of their herd of origin, conduct a whole herd test on an annual there will be a 10-month period in basis. According to National Agricultural A whole herd test requires the testing Statistics Service (NASS) data, about 32 3 USDA/NASS, Livestock Slaughter, 2007 of all animals in a herd that are 12 percent of Minnesota’s cattle were Summary, March 2008. months of age and older at the time of

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the test. Calculating a 90 percent yearly By conducting the whole herd test entity producers in Minnesota (99 calf crop results in an adult population within 60 days prior to interstate percent of all cattle holdings) that sold of 60 animals over 12 months of age in movement of the intact cattle, producers a total of 1,068,393 head of cattle (78.8 the average herd (113 head) in any given will not incur the cost of a 60-day test. percent of total sales). They had an year. Based on the 21,300 herds in They may, in fact, derive savings from average annual income of about $29,400 Minnesota, this results in a total number the difference between the testing costs in 2002. The remaining one percent of of 1,278,000 intact cattle (21,300 herds per animal when conducted producers had sales of 287,749 animals × 60 adult cattle per herd) that will individually and when conducted as and an average annual income of about require a whole herd test each year. part of a whole herd test. $1,540,890. As shown in Table 3, the Combining the estimated testing costs Assuming, as above, the $10 to $15 cost impact of Minnesota’s loss of modified for interstate movement of steers and per head, the total cost for whole herd intact heifers and for whole herd testing, accredited advanced status on its small- testing is estimated to be between we find that Minnesota’s loss of entity producers may average more than $12,780,000 and $19,170,000. These modified accredited advanced status $1,000 per operation. This amount is cost estimates may be high because the may cost its cattle producers between equal to about 3.4 percent of average cost of whole herd testing on a per- $19.4 million and $29.1 million annual sales by small entities in 2002 animal basis is generally less than the annually due to the additional bovine when based on the upper range of cost of testing animals individually 60 tuberculosis testing that is required. bovine tuberculosis testing costs ($15 days prior to interstate movement. Based on the 2002 Census of per animal tested). Agriculture, there were 22,830 small-

TABLE 3.—THE ESTIMATED COST OF MINNESOTA’S LOSS OF MODIFIED ACCREDITED ADVANCED STATUS FOR SMALL ENTITIES

Total cost of testing a ...... $29.1 million. The cost to small entities b ...... $22.9 million. Average cost per small entity c ...... $1,003. Average cost per small entity as a percentage of average sales per small entity d ...... 3.4%. a From the text, assuming an individual bovine tuberculosis testing cost of $15 per head. b Total testing cost multiplied by 78.8 percent, the percentage of cattle and calves sold by producers with annual revenues of not more than $750,000, that is, small entities. We assume that the total cost of tuberculosis testing incurred by small entities is proportional to their share of the State’s total cattle sales. c Total cost for small entities divided by the number of small entities (22,830 producers, based on 2002 Census of Agriculture data). d Average cost per small entity as a percentage of the average annual revenue per small entity ($29,400, based on 2002 Census of Agriculture data).

Duplication, Overlap, or Conflict With under No. 10.025 and is subject to PART 77—TUBERCULOSIS Other Rules Executive Order 12372, which requires APHIS has not identified any Federal intergovernmental consultation with I 1. The authority citation for part 77 rules that are duplicative, overlapping, State and local officials. (See 7 CFR part continues to read as follows: or conflicting with this rule. 3015, subpart V.) Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, Description of Any Significant Executive Order 12988 2.80, and 371.4. Alternatives to the Rule This rule has been reviewed under § 77.9 [Amended] APHIS has determined that there are Executive Order 12988, Civil Justice I 2. In § 77.9, paragraph (a) is amended no significant alternatives to the interim Reform. This rule: (1) Preempts all State rule that would accomplish the stated by removing the word ‘‘Minnesota’’ and and local laws and regulations that are adding the word ‘‘None’’ in its place. objectives and minimize impacts for in conflict with this rule; (2) has no small entities. retroactive effect; and (3) does not § 77.11 [Amended] Summary require administrative proceedings before parties may file suit in court I 3. In § 77.11, paragraph (a) is amended This analysis examines impacts for challenging this rule. by removing the word ‘‘None’’ and Minnesota’s small entities of that State’s adding the word ‘‘Minnesota’’ in its loss of modified accredited advanced Paperwork Reduction Act place. status. The State’s producers of cattle and calves are predominantly small This interim rule contains no Done in Washington, DC, this 3rd day of entities. Those producers who move information collection or recordkeeping April 2008. steers, intact heifers or intact adult requirements under the Paperwork Kevin Shea, cattle out-of-state for breeding or feeding Reduction Act of 1995 (44 U.S.C. 3501 Acting Administrator, Animal and Plant purposes will incur increased costs as a et seq.). Health Inspection Service. result of the change in bovine List of Subjects in 9 CFR Part 77 [FR Doc. E8–7346 Filed 4–8–08; 8:45 am] tuberculosis status. The additional BILLING CODE 3410–34–P testing costs may average as much as 3.4 Animal diseases, Bison, Cattle, percent of the value of annual sales by Reporting and recordkeeping small entities. requirements, Transportation, Executive Order 12372 Tuberculosis. This program/activity is listed in the I Accordingly, we are amending 9 CFR Catalog of Federal Domestic Assistance part 77 as follows:

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DEPARTMENT OF TRANSPORTATION Braunfels, Texas. A new air traffic § 71.1 [Amended] control tower has been installed at New I 2. The incorporation by reference in Federal Aviation Administration Braunfels Municipal Airport, making 14 CFR part 71.1 of the Federal Aviation this action necessary for the safety and Administration Order 7400.9R, Airspace 14 CFR Part 71 management of IFR aircraft operations at Designations and Reporting Points, [Docket No. FAA–2007–29372; Airspace the airport. signed August 15, 2007, and effective Docket No. 07–ASW–9] The FAA has determined that this September 15, 2007, is amended as regulation only involves an established follows: Establishment of Class D Airspace; body of technical regulations for which New Braunfels, TX frequent and routine amendments are Paragraph 5000 Class D Airspace. AGENCY: Federal Aviation necessary to keep them operationally * * * * * current. Therefore, this regulation: (1) Is Administration (FAA), DOT. ASW TEXAS D New Braunfels, Texas ACTION: Final rule. not a ‘‘significant regulatory action’’ [New] under Executive Order 12866; (2) is not New Braunfels Municipal Airport, Texas SUMMARY: This action will establish a ‘‘significant rule’’ under DOT (Lat. 29°42′16″ N., long. 98°02′32″ W) Class D airspace at New Braunfels, Regulatory Policies and Procedures (44 Texas. Establishment of an air traffic FR 11034; February 26, 1979); and (3) That airspace extending upward from the surface to and including 2,700 feet MSL control tower at New Braunfels does not warrant preparation of a within a 4.1-mile radius of New Braunfels Municipal Airport has made this action regulatory evaluation as the anticipated Municipal Airport. This Class D airspace area necessary for the safety and impact is so minimal. Since this is a is effective during the specific dates and management of Instrument Flight Rules routine matter that will only affect air times established in advance by a Notice to (IFR) aircraft operations at New traffic procedures and air navigation, it Airmen. The effective date and time will Braunfels Municipal Airport, New is certified that this rule, when thereafter be continuously published in the Braunfels, Texas. promulgated, will not have a significant Airport/Facility Directory. DATES: Effective Date: 0901 UTC, June 5, economic impact on a substantial * * * * * number of small entities under the 2008. The Director of the Federal Issued in Fort Worth, Texas, on March 28, Register approves this incorporation by criteria of the Regulatory Flexibility Act. 2008. reference action under 1 CFR part 51, The FAA’s authority to issue rules Richard H. Farrell, III, subject to the annual revision of FAA regarding aviation safety is found in Acting Manager, System Support Group, ATO Order 7400.9 and publication of Title 49 of the U.S. Code. Subtitle 1, Central Service Center. conforming amendments. Section 106, describes the authority of [FR Doc. E8–7094 Filed 4–8–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: Gary the FAA Administrator. Subtitle VII, BILLING CODE 4910–13–M Mallett, AMTI CTR, Central Service Aviation Programs, describes in more Center, System Support Group, Federal detail the scope of the agency’s Aviation Administration, Southwest authority. This rulemaking is DEPARTMENT OF TRANSPORTATION Region, 2601 Meacham Blvd., Ft Worth, promulgated under the authority Texas, 76193–0530; at telephone (817) described in Subtitle VII, Part A, Federal Aviation Administration 222–4949. Subpart I, Section 40103. Under that SUPPLEMENTARY INFORMATION: section, the FAA is charged with 14 CFR Part 71 prescribing regulations to assign the use History of airspace necessary to ensure the [Docket No. FAA–2008–0004; Airspace On December 18, 2007, the FAA safety of aircraft and the efficient use of Docket No. 08–ASW–2] published in the Federal Register a airspace. This regulation is within the notice of proposed rulemaking to scope of that authority as it establishes Proposed Establishment of Class E establish Class D airspace at New controlled airspace at New Braunfels Airspace; Huntsville, AR Braunfels, Texas (72 FR 71606). Municipal Airport, New Braunfels, This action would improve the safety Texas. AGENCY: Federal Aviation of IFR aircraft at New Braunfels Administration (FAA), DOT. List of Subjects in 14 CFR Part 71 Municipal Airport, New Braunfels, ACTION: Direct final rule; confirmation of Texas. Interested parties were invited to Airspace, Incorporation by reference, effective date. participate in this rulemaking effort by Navigation (AIR). submitting written comments on the SUMMARY: This action confirms the proposal to the FAA. No comments Adoption of the Amendment effective date of the direct final rule that were received. establishes Class E airspace at Class D airspace designations are I In consideration of the foregoing, the Huntsville Municipal Airport, published in paragraph 5000 of FAA Federal Aviation Administration Huntsville, Arkansas, published in the Order 7400.9R, signed August 15, 2007, amends 14 CFR, part 71 as follows: Federal Register February 15, 2008 (73 and effective September 15, 2007, which FR 8794) Docket No. FAA–2008–0004. is incorporated by reference in 14 CFR, PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR DATES: Effective Dates: 0901 UTC April part 71.1. The Class D airspace 10, 2008. The Director of the Federal designations listed in this document TRAFFIC SERVICE ROUTES; AND REPORTING POINTS Register approves this incorporation by will be published subsequently in that reference action under Title 1, Code of Order. I 1. The authority citation for 14 CFR, Federal Regulations, part 51, subject to The Rule part 71 continues to read as follows: the annual revision of FAA Order 7400.9 and publication of conforming This action amends Title 14 Code of Authority: 49 U.S.C. 106(g), 40103, 40113, amendments. Federal Regulations (14 CFR), part 71 by 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– establishing Class D airspace at New 1963 Comp., p. 389. SUPPLEMENTARY INFORMATION:

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History include certain definitions; prohibitory revisions, and disapproval of certain The FAA published a direct final rule rules; provisions related to legal other revisions, to the Nevada state with request for comments in the authority and enforcement; rules implementation plan (SIP) that had been Federal Register February 15, 2008 (73 establishing opacity, sulfur and volatile submitted by the Nevada Division of FR 8794), Docket No. FAA–2008–0004. organic compounds limits; and Environmental Protection (NDEP) on The FAA uses the direct final rule rescission of abbreviations. EPA is January 12, 2006 and June 26, 2007. procedure for non-controversial rules disapproving the rescission of a certain definition and the rescission of a rule Specifically, in our December 14, where the FAA believes that there will 2007 action, we proposed to approve the be no adverse public comment. This related to emission discharge information. EPA is taking this action amended rules or statutory provisions direct final rule advised the public that shown in table 1. In today’s document, no adverse comments were anticipated, under the Clean Air Act obligation to we are taking final action on the and that unless a written adverse take action on submittals of revisions to provisions in table 1 as we had comment, or a written notice of intent state implementation plans. The effect to submit an adverse comment, was of this action is to update the Nevada proposed on December 14, 2007, except received within the comment period, state implementation plan with for NRS 445B.310 for which we take no the regulation would become effective amended or recodified rules and to action today, as explained below. The on April 10, 2008. No adverse rescind a provision found to be provisions listed in table 1 replace early comments were received; thus, this unnecessary for further retention in the 1980’s versions of these provisions. We notice confirms that the direct final rule plan. proposed to approve the provisions in will become effective on this date. DATES: Effective Date: This rule is table 1 based on our review of * * * * * effective on May 9, 2008. applicable CAA and EPA regulatory ADDRESSES: EPA has established docket requirements and a comparison of the Issued in Fort Worth, TX, on March 31, number EPA–R09–OAR–2007–1155 for 2008. provisions with the corresponding this action. The index to the docket is existing SIP provisions that they would Walter Tweedy, available electronically at http:// replace. In general, we found that the Acting Manager, System Support Group, ATO www.regulations.gov and in hard copy submitted provisions mirror the Central Service Center. at EPA Region IX, 75 Hawthorne Street, [FR Doc. E8–7248 Filed 4–8–08; 8:45 am] corresponding provisions in the existing San Francisco, California. While all SIP or strengthen the SIP by eliminating BILLING CODE 4910–13–M documents in the docket are listed in exceptions, deleting limitations, or the index, some information may be expanding legal authority, and on that publicly available only at the hard copy basis, found that they would not ENVIRONMENTAL PROTECTION location (e.g., copyrighted material), and interfere with attainment or AGENCY some may not be publicly available in either location (e.g., CBI). To inspect the maintenance of the national ambient air 40 CFR Part 52 hard copy materials, please schedule an quality standards (NAAQS). [EPA–R09–OAR–2007–1155; FRL–8548–8] appointment during normal business With respect to public participation hours with the contact listed in the FOR requirements under CAA section 110(l), Approval and Promulgation of FURTHER INFORMATION CONTACT section. in our December 14, 2007 proposed Implementation Plans; Revisions to the FOR FURTHER INFORMATION CONTACT: rule, we found that adequate Nevada State Implementation Plan; Andrew Steckel, EPA Region IX, (415) documentation had been submitted by Updated Statutory and Regulatory 947–4115, [email protected]. NDEP (or otherwise acquired by EPA) to Provisions; Rescissions SUPPLEMENTARY INFORMATION: show compliance with CAA procedural AGENCY: Environmental Protection Throughout this document, ‘‘we,’’ ‘‘us’’ requirements for SIP revisions under Agency (EPA). and ‘‘our’’ refer to EPA. CAA section 110(l) except for NRS ACTION: Final rule. Table of Contents 445B.310. Thus, we made our proposed I. Proposed Action approval of NRS 445B.310 contingent SUMMARY: Under the Clean Air Act, EPA II. Public Comments upon receipt of documentation of notice is approving certain revisions, and III. EPA Action and opportunity for public hearing on disapproving certain other revisions, to IV. Statutory and Executive Order Reviews adoption of NRS 445B.310 as a revision the Nevada state implementation plan. I. Proposed Action to the Nevada SIP. We have not received These revisions were the subject of a this documentation and thus are not proposed rule published in the Federal On December 14, 2007 (72 FR 71095), taking final action on NRS 445B.310 in Register on December 14, 2007. The under the Clean Air Act (CAA or ‘‘Act’’), this document. provisions that EPA is approving EPA proposed approval of certain

TABLE 1.—SUBMITTED RULES AND STATUTORY PROVISION

Submitted NAC or NRS Title Adoption date Submittal date

NAC 445B.172 ...... ‘‘Six-Minute Period’’ defined ...... 09/16/76 06/26/07 NAC 445B.190 ...... ‘‘Stop order’’ defined ...... 11/03/93 06/26/07 NAC 445B.220 ...... Severability ...... 09/06/06 06/26/07 NAC 445B.225 ...... Prohibited conduct: Concealment of emissions ...... 10/03/95 06/26/07 NAC 445B.227 ...... Prohibited conduct: Operation of source without required equipment; removal or 10/03/95 01/12/06 modification of required equipment; modification of required procedure. NAC 445B.229 ...... Hazardous emissions: Order for reduction or discontinuance ...... 10/03/95 06/26/07 NAC 445B.275 ...... Violations: Acts constituting; notice ...... 03/08/06 06/26/07 NAC 445B.277 ...... Stop orders ...... 03/08/06 06/26/07

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TABLE 1.—SUBMITTED RULES AND STATUTORY PROVISION—Continued

Submitted NAC or NRS Title Adoption date Submittal date

NRS 445B.310 ...... Limitations on enforcement of federal and state regulations concerning indirect No adoption 06/26/07 sources. date

In our December 14, 2007 proposed 445.436 (‘‘ ‘Air contaminant’ defined’’) upon by any rules in the applicable SIP. rule, we proposed action on three rules because it is relied upon by certain SIP Lastly, with respect to NAC 445.694 (listed in table 2, below) that NDEP rules that remain in the applicable SIP. (‘‘Emission discharge information’’), we seeks to rescind from the existing SIP. We proposed to approve the rescission proposed to disapprove the rescission NDEP’s rescissions of NAC 445.655 and of NAC 445.655 (‘‘Abbreviations’’) because we found that the rule is NAC 445.694 are included in a January because the abbreviations listed therein needed to comply with requirements 12, 2006 SIP submittal, and NDEP’s that are not simply superseded by our under 40 CFR 51.116(c). We are taking rescission of NAC 445.436 is included approval of the current version of the final action in today’s document on the in a June 26, 2007 SIP submittal. In our rule (i.e., NAC 445B.211 requested rescissions listed in table 2 as proposed rule, we proposed to (‘‘Abbreviations’’), approved on March we had proposed on December 14, 2007. disapprove the rescission of NAC 27, 2006 at 71 FR 15040) are not relied

TABLE 2.—REQUESTED RESCISSIONS

SIP rule Title Submittal date Approval date

NAC 445.436 ...... ‘‘Air contaminant’’ defined ...... 10/26/82 06/26/84 NAC 445.655 ...... Abbreviations ...... 10/26/82 06/26/84 NAC 445.694 ...... Emission discharge information ...... 10/26/82 06/26/84

In our December 14, 2007 proposed the Nevada Administrative Code (NAC), updates to internal rule references and rule, we proposed to approve rule as published by the Nevada Legislative historical notes, to be administrative in recodifications submitted by NDEP to Counsel Bureau. On the basis of a nature and acceptable. Therefore, we are EPA on June 26, 2007 to replace comparison of the rule recodifications taking final action in today’s document corresponding SIP rules recently submitted by NDEP and listed in table to approve the rule recodifications listed approved by EPA in the Nevada SIP (see 3 above with the corresponding SIP in table 3 as proposed on December 14, table 3). The recodified rules reflect the rules, we found all of the changes, 2007. January 2007 update to chapter 445B of which include revised titles and

TABLE 3.—SUBMITTED RULE RECODIFICATIONS

Recodified rule Title Submittal date

NAC 445B.001 ...... Definitions ...... 06/26/07 NAC 445B.063 ...... ‘‘Excess emissions’’ defined...... 06/26/07 NAC 445B.153 ...... ‘‘Regulated air pollutant’’ defined ...... 06/26/07 NAC 445B.22017 ...... Visible emissions: Maximum opacity; determination and monitoring of opacity ...... 06/26/07 NAC 445B.2202 ...... Visible emissions: Exceptions for stationary sources ...... 06/26/07 NAC 445B.22043 ...... Sulfur emissions: Calculation of total feed sulfur ...... 06/26/07 NAC 445B.2205 ...... Sulfur emissions: Other processes which emit sulfur ...... 06/26/07 NAC 445B.22093 ...... Organic solvents and other volatile compounds ...... 06/26/07

Our December 14, 2007 proposed rule the Nevada SIP submitted by NDEP on the rescissions of NAC 445.436 (‘‘Air and related technical support document January 12, 2006 and June 26, 2007. contaminant’’ defined) and NAC (TSD) provide additional background Specifically, we are approving the 445.694 (‘‘Emission discharge information and a more detailed provisions listed in table 1, above, information’’). We will take final action rationale for our actions summarized except for NRS 445B.310; we are on our proposed approval of NRS above. approving the rescission of NAC 445B.310 in a separate document upon 445.655 (‘‘Abbreviations’’); and we are II. Public Comments receipt of documentation of notice and approving the rule recodifications listed opportunity for public hearing on EPA’s December 14, 2007 proposed in table 3, above.1 We are disapproving rule provided a 30-day public comment period. No comments were submitted. 1 Upon the effective date of today’s final rule, the following provisions will be superseded in the III. EPA Action applicable SIP upon the established compliance date for any new or amended requirements in the As authorized under section 110(k) of superseding provisions (superseding rules from the Act, and for the reasons described table 1 shown in parentheses): NAC 445.617 (NAC 445B.275), and NAC 445.697 (NAC 445B.277). Also, upon the effective date of this final rule, the rule above and in our proposed rule, EPA is 445B.172), NAC 445.630 (NAC 445B.190), NAC 445.660 (NAC 445B.220), NAC 445.663 (NAC recodifications listed in table 3 of this document approving certain revisions, and 445B.225), NAC 445.664 (NAC 445B.227), NAC will supersede existing SIP rules with the same disapproving certain other revisions, to 445.665 (NAC 445B.229), NAC 445.696 (NAC section number in NAC chapter 445B.

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adoption of NRS 445B.310 as a revision standards (VCS), EPA has no authority PART 52—[AMENDED] to the Nevada SIP. to disapprove a SIP submission for I failure to use VCS. It would thus be 1. The authority citation for part 52 IV. Statutory and Executive Order continues to read as follows: Reviews inconsistent with applicable law for EPA, when it reviews a SIP submission, Authority: 42 U.S.C. 7401 et seq. Under Executive Order 12866 (58 FR to use VCS in place of a SIP submission 51735, October 4, 1993), this action is that otherwise satisfies the provisions of Subpart DD—Nevada not a ‘‘significant regulatory action’’ and the Clean Air Act. Thus, the therefore is not subject to review by the I 2. Section 52.1470 is amended by: requirements of section 12(d) of the I a. Adding paragraph (c)(25)(v); Office of Management and Budget. For National Technology Transfer and this reason, this action is also not I b. Revising paragraph Advancement Act of 1995 (15 U.S.C. subject to Executive Order 13211, (c)(56)(i)(A)(3)(i); and 272 note) do not apply. This rule does ‘‘Actions Concerning Regulations That I c. Adding paragraph (c)(66) to read as not impose an information collection Significantly Affect Energy Supply, follows: burden under the provisions of the Distribution, or Use’’ (66 FR 28355, May § 52.1470 Identification of plan. 22, 2001). This action merely approves Paperwork Reduction Act of 1995 (44 state law as meeting Federal U.S.C. 3501 et seq.). * * * * * requirements and imposes no additional The Congressional Review Act, 5 (c) * * * (25) * * * requirements. Accordingly, the U.S.C. 801 et seq., as added by the Small (v) Previously approved on March 27, Administrator certifies that this rule Business Regulatory Enforcement 1984, in paragraph (c)(25)(i)(A) of this will not have a significant economic Fairness Act of 1996, generally provides section and now deleted without impact on a substantial number of small that before a rule may take effect, the entities under the Regulatory Flexibility replacement: Nevada Administrative agency promulgating the rule must Code (NAC) section: 445.655. Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a rule approves pre-existing requirements copy of the rule, to each House of the * * * * * under state law and does not impose Congress and to the Comptroller General (56) * * * (i) * * * any additional enforceable duty, it does of the United States. EPA will submit a (A) * * * not contain any unfunded mandate or report containing this rule and other significantly or uniquely affect small (3) *** required information to the U.S. Senate, (i) October 3, 1995: 445B.005, governments, as described in the the U.S. House of Representatives, and Unfunded Mandates Reform Act of 1995 445B.059, 445B.077, 445B.112, the Comptroller General of the United 445B.116, 445B.130, 445B.145, (Pub. L. 104–4). States prior to publication of the rule in This rule also does not have tribal 445B.152, 445B.177, 445B.180, the Federal Register. A major rule implications because it will not have a 445B.22037, and 445B.227. cannot take effect until 60 days after it substantial direct effect on one or more * * * * * is published in the Federal Register. Indian tribes, on the relationship (66) The following plan revision was between the Federal Government and This action is not a ‘‘major rule’’ as submitted on June 26, 2007 by the Indian tribes, or on the distribution of defined by 5 U.S.C. 804(2). Governor’s designee. All section power and responsibilities between the Under section 307(b)(1) of the Clean citations listed below refer to the Federal Government and Indian tribes, Air Act, petitions for judicial review of January 2007 codification of chapter as specified by Executive Order 13175 this action must be filed in the United 445B of the Nevada Administrative (65 FR 67249, November 9, 2000). This States Court of Appeals for the Code as published by the Nevada action also does not have Federalism appropriate circuit by June 9, 2008. Legislative Counsel Bureau. implications because it does not have Filing a petition for reconsideration by (i) Incorporation by reference. substantial direct effects on the States, the Administrator of this final rule does (A) Nevada Division of Environmental on the relationship between the national not affect the finality of this rule for the Protection. government and the States, or on the purposes of judicial review nor does it (1) The following section of the distribution of power and extend the time within which a petition Nevada Air Quality Regulations was responsibilities among the various for judicial review may be filed, and adopted on the date listed below and levels of government, as specified in shall not postpone the effectiveness of recodified as Chapter 445B of the Executive Order 13132 (64 FR 43255, such rule or action. This action may not Nevada Administrative Code in August 10, 1999). This action merely be challenged later in proceedings to November 1994: approves state law implementing a enforce its requirements. (See section (i) September 16, 1976, effective date Federal standard, and does not alter the 307(b)(2).) December 4, 1976: 445B.172, ‘‘Six- relationship or the distribution of power Minute Period defined.’’ and responsibilities established in the List of Subjects in 40 CFR part 52 (2) The following section of Chapter Clean Air Act. This rule also is not 445 of the Nevada Administrative Code Environmental protection, Air subject to Executive Order 13045 was adopted on the date listed below pollution control, Incorporation by ‘‘Protection of Children from and recodified as Chapter 445B of the reference, Intergovernmental relations, Environmental Health Risks and Safety Nevada Administrative Code in Reporting and recordkeeping Risks’’ (62 FR 19885, April 23, 1997), November 1994: requirements. because it is not economically (i) November 3, 1993: 445B.190, ‘‘Stop significant. Dated: January 24, 2008. order defined.’’ In reviewing SIP submissions, EPA’s Wayne Nastri, (3) The following sections of Chapter role is to approve state choices, Regional Administrator, Region IX. 445B of the Nevada Administrative provided that they meet the criteria of Code were adopted on the dates listed the Clean Air Act. In this context, in the I Part 52, chapter I, title 40 of the Code below: absence of a prior existing requirement of Federal Regulations is amended as (i) October 3, 1995: 445B.225, for the State to use voluntary consensus follows: ‘‘Prohibited conduct: Concealment of

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emissions;’’ and 445B.229, ‘‘Hazardous ADDRESSES: EPA has established a assist you and others in determining emissions: Order for reduction or docket for this action under docket whether this action might apply to discontinuance.’’ identification (ID) number EPA–HQ– certain entities. If you have any (ii) August 19, 2004, effective date OPP–2007–0433. To access the questions regarding the applicability of September 24, 2004: 445B.001, electronic docket, go to http:// this action to a particular entity, consult ‘‘Definitions;’’ 445B.22043, ‘‘Sulfur www.regulations.gov, select ‘‘Advanced the person listed under FOR FURTHER emissions: Exceptions for stationary Search,’’ then ‘‘Docket Search.’’ Insert INFORMATION CONTACT. sources;’’ and 445B.2205, ‘‘Sulfur the docket ID number where indicated B. How Can I Access Electronic Copies emissions: Other processes which emit and select the ‘‘Submit’’ button. Follow of this Document? sulfur.’’ the instructions on the regulations.gov (iii) October 4, 2005: 445B.063, website to view the docket index or In addition to accessing an electronic ‘‘Excess emissions defined;’’ 445B.153, access available documents. All copy of this Federal Register document ‘‘Regulated air pollutant defined;’’ documents in the docket are listed in through the electronic docket at http:// 445B.22017, ‘‘Visible emissions: the docket index available in www.regulations.gov, you may access Maximum opacity; determination and regulations.gov. Although listed in the this ‘‘Federal Register’’ document monitoring of opacity;’’ 445B.2202, index, some information is not publicly electronically through the EPA Internet ‘‘Visible emissions: Exceptions for available, e.g., Confidential Business under the ‘‘Federal Register’’ listings at stationary sources;’’ and 445B.22093, Information (CBI) or other information http://www.epa.gov/fedrgstr. You may ‘‘Organic solvents and other volatile whose disclosure is restricted by statute. also access a frequently updated compounds.’’ Certain other material, such as electronic version of 40 CFR part 180 (iv) March 8, 2006: 445B.275, copyrighted material, is not placed on through the Government Printing ‘‘Violations: Acts constituting; notice;’’ the Internet and will be publicly Office’s pilot e-CFR site at http:// and 445B.277, ‘‘Stop orders.’’ available only in hard copy form. www.gpoaccess.gov/ecfr. (v) September 6, 2006: 445B.220, Publicly available docket materials are ‘‘Severability.’’ C. Can I File an Objection or Hearing available in the electronic docket at Request? * * * * * http://www.regulations.gov, or, if only [FR Doc. E8–7046 Filed 4–8–08; 8:45 am] available in hard copy, at the OPP Under section 408(g) of FFDCA, as amended by FQPA, any person may file BILLING CODE 6560–50–P Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), an objection to any aspect of this 2777 S. Crystal Dr., Arlington, VA. The regulation and may also request a ENVIRONMENTAL PROTECTION Docket Facility is open from 8:30 a.m. hearing on those objections. The EPA AGENCY to 4 p.m., Monday through Friday, procedural regulations which govern the excluding legal holidays. The Docket submission of objections and requests 40 CFR Part 180 Facility telephone number is (703) 305– for hearings appear in 40 CFR part 178. You must file your objection or request [EPA–HQ–OPP–2007–0433; FRL–8357–5] 5805. a hearing on this regulation in FOR FURTHER INFORMATION CONTACT: accordance with the instructions 1-Methylcyclopropene; Amendment to Driss Benmhend, Biopesticides and provided in 40 CFR part 178. To ensure an Exemption from the Requirement of Pollution Prevention Division (7511P), proper receipt by EPA, you must a Tolerance Environmental Protection Agency, 1200 identify docket ID number EPA–HQ– Pennsylvania Ave., NW., Washington, AGENCY: Environmental Protection OPP–2007–0433 in the subject line on DC 20460–0001; telephone number: Agency (EPA). the first page of your submission. All (703) 308–9525; e-mail address: ACTION: Final rule. requests must be in writing, and must be [email protected]. mailed or delivered to the Hearing Clerk SUMMARY: This regulation establishes an SUPPLEMENTARY INFORMATION: on or before June 9, 2008. amendment to an exemption from the I. General Information In addition to filing an objection or requirement of a tolerance for residues hearing request with the Hearing Clerk of the 1-Methylcyclopropene (1-MCP) A. Does this Action Apply to Me? as described in 40 CFR part 178, please on fruits and vegetables when applied You may be potentially affected by submit a copy of the filing that does not or used outdoors for pre-harvest this action if you are an agricultural contain any CBI for inclusion in the treatments. Agrofresh Inc., submitted a producer, food manufacturer, or public docket that is described in petition to EPA under the Federal Food, pesticide manufacturer. Potentially ADDRESSES. Information not marked Drug, and Cosmetic Act (FFDCA), as affected entities may include, but are confidential pursuant to 40 CFR part 2 amended by the Food Quality Protection not limited to: may be disclosed publicly by EPA Act of 1996 (FQPA), requesting an • Crop production (NAICS code 111). without prior notice. Submit your amendment to the existing 1-MCP • Animal production (NAICS code copies, identified by docket ID number exemption from the requirement of a 112). EPA–HQ–OPP–2007–0433, by one of tolerance at 40 CFR 180.1220. This • Food manufacturing (NAICS code the following methods. regulation eliminates the need to 311). • Federal eRulemaking Portal: http:// establish a maximum permissible level • Pesticide manufacturing (NAICS www.regulations.gov. Follow the on-line for residues of 1-Methylcyclopropene. code 32532). instructions for submitting comments. DATES: This regulation is effective April This listing is not intended to be • Mail: Office of Pesticide Programs 9, 2008. Objections and requests for exhaustive, but rather provides a guide (OPP) Regulatory Public Docket (7502P), hearings must be received on or before for readers regarding entities likely to be Environmental Protection Agency, 1200 June 9, 2008, and must be filed in affected by this action. Other types of Pennsylvania Ave., NW., Washington, accordance with the instructions entities not listed in this unit could also DC 20460–0001. provided in 40 CFR part 178 (see also be affected. The North American • Delivery: OPP Regulatory Public Unit I.C. of the SUPPLEMENTARY Industrial Classification System Docket (7502P), Environmental INFORMATION). (NAICS) codes have been provided to Protection Agency, Rm. S–4400, One

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Potomac Yard (South Bldg.), 2777 S. EPA determines the toxicity of in the in vivo mouse micronucleus assay Crystal Dr., Arlington, VA. Deliveries pesticides. Second, EPA examines (MRID 444747–11) following oral are only accepted during the Docket’s exposure to the pesticide through food, exposure. normal hours of operation (8:30 a.m. to drinking water, and through other 3. Developmental toxicity. 1-MCP 4 p.m., Monday through Friday, exposures that occur as a result of produces no developmental toxicity excluding legal holidays). Special pesticide use in residential settings. when tested in a standard arrangements should be made for developmental toxicity study in the rat III. Toxicological Profile deliveries of boxed information. The via inhalation at concentrations up to Docket Facility telephone number is Consistent with section 408(b)(2)(D) and including 2.3 milligram active (703) 305–5805. of FFDCA, EPA has reviewed the ingredient/Liter (mg a.i./L) (or 543 mg available scientific data and other a.i./kilogram (kg)/day, 6 hour (hr) II. Background and Statutory Findings relevant information in support of this exposure/day). The no observed adverse In the Federal Register of August 8, action and considered its validity, effect level (NOAEL) for maternal 2007 (72 FR 44520) (FRL–8138–9), EPA completeness, and reliability and the toxicity was 0.24 mg a.i./L (56 mg a.i./ issued a notice pursuant to section relationship of this information to kg/day, 6 hr exposure/day). 408(d)(3) of FFDCA, 21 U.S.C. human risk. EPA has also considered 4. Subchronic toxicity. 1-MCP was 346a(d)(3), announcing the filing of a available information concerning the tested in a 90–day inhalation study at pesticide tolerance petition (PP 7F7170) variability of the sensitivities of major doses of 0.05, 0.24 and 2.3 mg a.i./kg in by Agrofresh, Inc., 100 Independence identifiable subgroups of consumers, the rat. The NOAEL is 0.05 mg a.i./L Mall, Philadelphia, PA 19106–2399. The including infants and children. (equivalent to 9 to 15 mg a.i./kg/day), petition requested that 40 CFR 180.1220 1-Methylcyclopropene (1-MCP) is a based on minimal to mild effects on be amended to include residues plant regulator known for inhibiting spleen and kidney histopathology at resulting from outdoor pre-harvest use ripening and aging of plants, flowers, 0.24 mg a.i./L (equivalent to 39 to 66 mg of 1-Methylcyclopropene. This notice fruits, and vegetables caused by the a.i./kg/day). In this study there was no included a summary of the petition production of ethylene. 1-MCP acts by evidence of neurotoxicity, no effects on prepared by the petitioner Agrofresh, blocking the attachment of ethylene to the respiratory tract and no effects on Inc. There were no comments received tissue, and thus, prolonging the life of pathology of any endocrine or in response to the notice of filing. the food commodity treated. This mode reproductive organs up to and including Section 408(c)(2)(A)(i) of FFDCA of action is not relevant in animals, the highest dose tested of 2.3 mg a.i./L allows EPA to establish an exemption since ethylene receptors are not present (or equivalent to 380 to 640 mg a.i./kg/ from the requirement for a tolerance (the in animal tissues. day). legal limit for a pesticide chemical The toxicity profile of 1-MCP has 5. AgroFresh (the applicant) residue in or on a food) only if EPA already been assessed by the Agency for submitted a request to waive the determines that the exemption is ‘‘safe.’’ its pesticidal use and in support of the immune response from the testing Section 408(c)(2)(A)(ii) of FFDCA tolerance exemption for post-harvest use guidelines. A scientific rationale based defines ‘‘safe’’ to mean that ‘‘there is a in or on fruits and vegetables. The final on the current toxicological data reasonable certainty that no harm will rule was published on July 26, 2002 (67 submitted on 1-MCP was provided to result from aggregate exposure to the FR 48796)(FRL–7187–4). address this data requirement. The pesticide chemical residue, including Comprehensive review of studies review of the 3–month inhalation rat all anticipated dietary exposures and all submitted and risk assessment study (mentioned in the previous other exposures for which there is conducted on 1-MCP with regard to its paragraph) indicates no effects on reliable information.’’ This includes toxicity to human health, done in thymus weight and no effects on the exposure through drinking water and in support of the current petition and the histopathology of the thymus, bone residential settings, but does not include approved tolerance exemption for post- marrow or spleen that would be occupational exposure. Pursuant to harvest usage, have all concluded that attributed to an impact on the immune section 408(c)(2)(B) of FFDCA, in this compound has a low acute toxicity. system were seen. There were no effects establishing or maintaining in effect an 1. Acute toxicity. 1-MCP exhibits low on white blood cell differential exemption from the requirement of a acute toxicity for all routes of exposure. parameters (including monocytes, tolerance, EPA must take into account It is a category IV for acute oral, dermal, lymphocytes, segmented neutrophils or the factors set forth in section inhalation, eye and dermal irritations. eosinophils) and no basophils were 408(b)(2)(C) of FFDCA, which require Moreover, 1-MCP is not a skin observed which may be indicative of an EPA to give special consideration to sensitizer, and no hypersensitivity allergic reaction. The Agency concluded exposure of infants and children to the incidents were observed following that 1-MCP did not induce dysfunction pesticide chemical residue in exposure to 1-MCP. or inappropriate suppressive responses establishing a tolerance and to ‘‘ensure 2. Genotoxicity. 1-MCP was not in components of the immune system. that there is a reasonable certainty that mutagenic when tested in several short- As a result, the Agency granted the no harm will result to infants and term in vitro/in vivo assays, including a request to waive immune response from children from aggregate exposure to the bacterial reverse mutation assay (Ames the testing guidelines. pesticide chemical residue.... ’’ test), an in vitro mammalian point Additionally, section 408(b)(2)(D) of mutation assay in Chinese hamster IV. Aggregate Exposures FFDCA requires that the Agency ovary cells, an in vitro cytogenetics In examining aggregate exposure, consider ‘‘available information assay in human lymphocytes and an in section 408 of FFDCA directs EPA to concerning the cumulative effects of a vivo mouse micronucleus assay consider available information particular pesticide’s residues’’ and following inhalation exposure. In concerning exposures from the pesticide ‘‘other substances that have a common addition, 1-MCP is not mutagenic when residue in food and all other non- mechanism of toxicity.’’ tested as a suspension in cell media in occupational exposures, including EPA performs a number of analyses to the Ames test and in the in vitro mouse drinking water from ground water or determine the risks from aggregate lymphoma forward mutation assay surface water and exposure through exposure to pesticide residues. First, (MRID 444647–10) and is not mutagenic pesticide use in gardens, lawns, or

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buildings (residential and other indoor MCP when used as a plant regulator are effects of concern to infants, children, uses). expected to be negligible because it is and adults when 1-MCP is used as limited to agricultural use. labeled, the provision requiring an A. Dietary Exposure additional margin of safety does not V. Cumulative Effects 1. Food. The primary source for apply. As a result, EPA has not used a human exposure to 1-MCP will be from Section 408(b)(2)(D)(v) of the FFDCA margin of exposure approach to assess ingestion of raw and processed fruits requires that, when considering whether the safety of 1-MCP. and vegetables treated with 1-MCP to establish an exemption from a VII. Other Considerations before and after the harvest. Studies tolerance, the Agency consider submitted, conducted in the field on ‘‘available information concerning the A. Endocrine Disruptors apples (MRID 470886–12), maize (MRID cumulative effects of a particular EPA is required under section 408(p) 470886–11) and tomatoes (471082–03), pesticide’s residues and other of the FFDCA, as amended by FQPA, to showed residues in treated fruits to be substances that have a common develop a screening program to extremely low. Moreover, harvested mechanism of toxicity.’’ These determine whether certain substances apples treated with 1-MCP in storage considerations include the possible (including all pesticide active and other areas (MRID 456090–02), showed also cumulative effects of such residues on ingredients) ‘‘may have an effect in low residue (average residue was 0.004 infants and children. humans that is similar to an effect part per million (ppm) using an EPA has considered the potential for produced by a naturally occurring exaggerated treatment rate of 1,200 parts cumulative effects of 1-MCP and other estrogen, or other such endocrine effects per billion (ppb) versus the 1,000 ppb substances in relation to a common as the Administrator may designate.’’ proposed label rate). A worst-case mechanism of toxicity. 1-MCP cannot 1-MCP is not known as an endocrine scenario (using the 0.004 ppm average share a common mechanism of toxicity disruptor nor is it related to any class of residue concentration found in treated with other substances because this known endocrine disruptors. Thus, apples and assuming that concentration compound is not toxic to mammalian there is no impact via endocrine-related is present in 100% of the diet regardless systems. Thus, section 408(b)(2)(D)(v) effects on the Agency’s safety finding set of crops treated) indicates that a daily does not apply. forth in this final rule for1-MCP. diet of 1.5 kg/day could contain 0.006 mg 1-MCP. For the general population VI. Determination of Safety for U.S. B. Analytical Method (assuming an average body weight of 60 Population, Infants and Children Through this action, the Agency kg), this would represent a daily intake A. U.S. Population proposes to establish an exemption from of 0.0001 mg 1-MCP/kg body weight the requirement of a tolerance for 1- There is reasonable certainty that no which is 90,000 to 150,000-fold less MCP when used on fruit and vegetable harm will result from aggregate than the 9–15 mg/kg NOAEL indicated crops. For the very same reasons that exposure to residues of 1-MCP to the in the 90–day inhalation study. support the granting of this tolerance U.S. population, infants, and children. Residues in other treated commodities exemption, the Agency has concluded This includes all anticipated dietary are expected to be similar or even lower that an analytical method is not exposures and all other exposures for since the highest treatment rate is required for enforcement purposes for which there is reliable information. The recommended for apples. Processing these proposed uses of 1-MCP. would be expected to further lower the Agency arrived at this conclusion based residue levels in processed food on the low level of mammalian toxicity C. Codex Maximum Residue Level commodities. of 1-MCP and the already widespread There are no codex maximum residue 2. Drinking water exposure. No exposure to 1-MCP when used on pre- levels established for 1-MCP. significant drinking water exposure and harvested and post-harvested fruits and VIII. Conclusions residues are expected to result from the vegetable, without any reported adverse pesticidal use of 1-MCP when applied effects on human health. For these The Agency does not expect any or used as directed on the label and in reasons, the Agency has determined that human health concerns from exposure accordance with good agricultural residues of 1-MCP from pre-harvest to residues of 1-MCP when applied or practices. Moreover, review of the study treatment of fruits and vegetables are used as directed on the label and in for soil absorption (OPPTS 835.1220), safe, i.e., there is a reasonable certainty accordance with good agricultural showed that the field use of 1-MCP that no harm will result from aggregate practices. The data submitted by should not result in leaching of 1-MCP exposure to such residues. applicant and reviewed by the Agency residues to ground water. B. Infants and Children support the petition for an exemption from the requirement of a tolerance, for B. Other Non-Occupational Exposure FFDCA section 408 provides that EPA 1-MCP on pre-harvested fruits and There are no residential, school or day shall apply an additional tenfold margin vegetable, when the product is applied care uses proposed for this product. of exposure (also referred to as a margin or used as directed on the label. Since the proposed use pattern is for of safety) for infants and children in the IX. Statutory and Executive Order agricultural food crops, the potential for case of threshold effects to account for Reviews non-occupational, non-dietary prenatal and postnatal toxicity and the exposures to 1-MCP by the general completeness of the database unless This final rule establishes a tolerance population, including infants and EPA determines that a different margin under section 408(d) of FFDCA in children, is highly unlikely. of exposure will be safe for infants and response to a petition submitted to the 1. Dermal exposure. Non- children. Margins of exposure are often Agency. The Office of Management and occupational dermal exposures to 1- referred to as uncertainty or safety Budget (OMB) has exempted these types MCP when used as a plant regulator are factors. In this instance, based on all of actions from review under Executive expected to be negligible because it is available information, the Agency Order 12866, entitled Regulatory limited to agricultural use. concludes that 1-MCP is non-toxic to Planning and Review (58 FR 51735, 2. Inhalation exposure. Non- mammals, including infants and October 4, 1993). Because this final rule occupational inhalation exposures to 1- children. Because there are no threshold has been exempted from review under

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Executive Order 12866, this final rule is X. Congressional Review Act SUMMARY: This regulation establishes a not subject to Executive Order 13211, The Congressional Review Act, 5 tolerance for residues of fenhexamid in Actions Concerning Regulations That U.S.C. 801 et seq., generally provides or on asparagus. Interregional Research Significantly Affect Energy Supply, that before a rule may take effect, the Project Number 4 (IR-4) requested this Distribution, or Use (66 FR 28355, May agency promulgating the rule must tolerance under the Federal Food, Drug, 22, 2001) or Executive Order 13045, submit a rule report to each House of and Cosmetic Act (FFDCA). entitled Protection of Children from the Congress and to the Comptroller DATES: This regulation is effective April Environmental Health Risks and Safety General of the United States. EPA will 9, 2008. Objections and requests for Risks (62 FR 19885, April 23, 1997). submit a report containing this rule and hearings must be received on or before This final rule does not contain any other required information to the U.S. June 9, 2008, and must be filed in information collections subject to OMB Senate, the U.S. House of accordance with the instructions approval under the Paperwork Representatives, and the Comptroller provided in 40 CFR part 178 (see also Reduction Act (PRA), 44 U.S.C. 3501 et General of the United States prior to Unit I.C. of the SUPPLEMENTARY seq., nor does it require any special publication of this final rule in the INFORMATION). considerations under Executive Order Federal Register. This final rule is not ADDRESSES: EPA has established a 12898, entitled Federal Actions to a ‘‘major rule’’ as defined by 5 U.S.C. docket for this action under docket Address Environmental Justice in 804(2). identification (ID) number EPA–HQ– Minority Populations and Low-Income List of Subjects in 40 CFR Part 180 OPP–2007–0303. To access the Populations (59 FR 7629, February 16, electronic docket, go to http:// 1994). Environmental protection, www.regulations.gov, select ‘‘Advanced Administrative practice and procedure, Since tolerances and exemptions that Search,’’ then ‘‘Docket Search.’’ Insert Agricultural commodities, Pesticides are established on the basis of a petition the docket ID number where indicated and pests, Reporting and recordkeeping under section 408(d) of FFDCA, such as and select the ‘‘Submit’’ button. Follow requirements. the tolerance in this final rule, do not the instructions on the regulations.gov require the issuance of a proposed rule, Dated: March 31, 2008. website to view the docket index or the requirements of the Regulatory Janet L. Andersen, access available documents. All Flexibility Act (RFA) (5 U.S.C. 601 et Director, Biopesticides and Pollution documents in the docket are listed in seq.) do not apply. Prevention Division, Office of Pesticide the docket index available in Programs. This final rule directly regulates regulations.gov. Although listed in the growers, food processors, food handlers, I Therefore, 40 CFR chapter I is index, some information is not publicly and food retailers, not States or tribes, amended as follows: available, e.g., Confidential Business Information (CBI) or other information nor does this action alter the PART 180—[AMENDED] relationships or distribution of power whose disclosure is restricted by statute. Certain other material, such as and responsibilities established by I 1. The authority citation for part 180 copyrighted material, is not placed on Congress in the preemption provisions continues to read as follows: the Internet and will be publicly of section 408(n)(4) of FFDCA. As such, Authority: 21 U.S.C. 321(q), 346a and 371. available only in hard copy form. the Agency has determined that this I 2. Section 180.1220 is revised to read Publicly available docket materials are action will not have a substantial direct as follows: available in the electronic docket at effect on States or tribal governments, http://www.regulations.gov, or, if only on the relationship between the national § 180.1220 1-Methylcyclopropene; available in hard copy, at the OPP government and the States or tribal exemption from the requirement of a tolerance. Regulatory Public Docket in Rm. S– governments, or on the distribution of 4400, One Potomac Yard (South Bldg.), power and responsibilities among the An exemption from the requirement of a tolerance is established for residues 2777 S. Crystal Dr., Arlington, VA. The various levels of government or between Docket Facility is open from 8:30 a.m. the Federal Government and Indian of the 1-Methylcyclopropene in or on fruits and vegetables when: to 4 p.m., Monday through Friday, tribes. Thus, the Agency has determined excluding legal holidays. The Docket that Executive Order 13132, entitled (a) Used as a post harvest plant growth regulator, i.e., for the purpose of Facility telephone number is (703) 305– Federalism (64 FR 43255, August 10, 5805. 1999) and Executive Order 13175, inhibiting the effects of ethylene. FOR FURTHER INFORMATION CONTACT: entitled Consultation and Coordination (b) Applied or used outdoors for pre- with Indian Tribal Governments (65 FR harvest treatments. Shaja R. Brothers, Registration Division (7505P), Office of Pesticide Programs, 67249, November 9, 2000) do not apply [FR Doc. E8–7458 Filed 4–8–08; 8:45 am] Environmental Protection Agency, 1200 to this final rule. In addition, this final BILLING CODE 6560–50–S Pennsylvania Ave., NW., Washington, rule does not impose any enforceable DC 20460–0001; telephone number: duty or contain any unfunded mandate ENVIRONMENTAL PROTECTION (703) 308–3194; e-mail address: as described under Title II of the AGENCY [email protected]. Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4). 40 CFR Part 180 SUPPLEMENTARY INFORMATION: This action does not involve any I. General Information technical standards that would require [EPA–HQ–OPP–2007–0303; FRL–8357–2] Agency consideration of voluntary A. Does this Action Apply to Me? consensus standards pursuant to section Fenhexamid; Pesticide Tolerance You may be potentially affected by 12(d) of the National Technology AGENCY: Environmental Protection this action if you are an agricultural Transfer and Advancement Act of 1995 Agency (EPA). producer, food manufacturer, or (NTTAA), Public Law 104–113, section pesticide manufacturer. Potentially ACTION: Final rule. 12(d) (15 U.S.C. 272 note). affected entities may include, but are

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not limited to those engaged in the In addition to filing an objection or pesticide chemical residue, including following activities: hearing request with the Hearing Clerk all anticipated dietary exposures and all • Crop production (NAICS code 111), as described in 40 CFR part 178, please other exposures for which there is e.g., agricultural workers; greenhouse, submit a copy of the filing that does not reliable information.’’ This includes nursery, and floriculture workers; contain any CBI for inclusion in the exposure through drinking water and in farmers. public docket that is described in residential settings, but does not include • Animal production (NAICS code ADDRESSES. Information not marked occupational exposure. Section 112), e.g., cattle ranchers and farmers, confidential pursuant to 40 CFR part 2 408(b)(2)(C) of FFDCA requires EPA to dairy cattle farmers, livestock farmers. may be disclosed publicly by EPA give special consideration to exposure • Food manufacturing (NAICS code without prior notice. Submit this copy, of infants and children to the pesticide 311), e.g., agricultural workers; farmers; identified by docket ID number EPA– chemical residue in establishing a greenhouse, nursery, and floriculture HQ–OPP–2007–0303, by one of the tolerance and to ‘‘ensure that there is a workers; ranchers; pesticide applicators. following methods: reasonable certainty that no harm will • Pesticide manufacturing (NAICS • Federal eRulemaking Portal: http:// result to infants and children from code 32532), e.g., agricultural workers; www.regulations.gov. Follow the on-line aggregate exposure to the pesticide commercial applicators; farmers; instructions for submitting comments. chemical residue.’’ These provisions greenhouse, nursery, and floriculture • Mail: Office of Pesticide Programs were added to FFDCA by the Food workers; residential users. (OPP) Regulatory Public Docket (7502P), Quality Protection Act (FQPA) of 1996. This listing is not intended to be Environmental Protection Agency, 1200 Consistent with FFDCA section exhaustive, but rather to provide a guide Pennsylvania Ave., NW., Washington, 408(b)(2)(D), and the factors specified in for readers regarding entities likely to be DC 20460–0001. FFDCA section 408(b)(2)(D), EPA has affected by this action. Other types of • Delivery: OPP Regulatory Public reviewed the available scientific data entities not listed in this unit could also Docket (7502P), Environmental and other relevant information in be affected. The North American Protection Agency, Rm. S–4400, One support of this action. EPA has Industrial Classification System Potomac Yard (South Bldg.), 2777 S. sufficient data to assess the hazards of (NAICS) codes have been provided to Crystal Dr., Arlington, VA. Deliveries and to make a determination on assist you and others in determining are only accepted during the Docket’s aggregate exposure for the petitioned-for whether this action might apply to normal hours of operation (8:30 a.m. to tolerance for residues of fenhexamid on certain entities. If you have any 4 p.m., Monday through Friday, asparagus at 0.02 ppm. EPA’s questions regarding the applicability of excluding legal holidays). Special assessment of exposures and risks this action to a particular entity, consult arrangements should be made for associated with establishing the the person listed under FOR FURTHER deliveries of boxed information. The tolerance follows. INFORMATION CONTACT. Docket Facility telephone number is A. Toxicological Profile (703) 305–5805. B. How Can I Access Electronic Copies EPA has evaluated the available of this Document? II. Petition for Tolerance toxicity data and considered its validity, In addition to accessing an electronic In the Federal Register of June 27, completeness, and reliability as well as copy of this Federal Register document 2007 (72 FR 35237) (FRL–8133–4), EPA the relationship of the results of the through the electronic docket at http:// issued a notice pursuant to section studies to human risk. EPA has also www.regulations.gov, you may access 408(d)(3) of FFDCA, 21 U.S.C. considered available information this Federal Register document 346a(d)(3), announcing the filing of a concerning the variability of the electronically through the EPA Internet pesticide petition (PP 7E7187) by IR-4, sensitivities of major identifiable under the ‘‘Federal Register’’ listings at 500 College Road East, Suite 201 W, subgroups of consumers, including http://www.epa.gov/fedrgstr. You may Princeton, NJ 08540. The petition infants and children. In general, the also access a frequently updated requested that 40 CFR 180.553 be toxicology studies conducted on electronic version of EPA’s tolerance amended by establishing a tolerance for fenhexamid demonstrated that it has regulations at 40 CFR part 180 through residues of the fungicide, fenhexamid, few or no biologically significant toxic the Government Printing Office’s pilot (N-2,3-dichloro-4-hydroxyphenyl)-1- effects at relatively low dose levels in e-CFR site at http://www.gpoaccess.gov/ methyl cyclohexanecarboxamide), in or many animal studies and only mild or ecfr. on asparagus at 0.02 parts per million no toxic effects at high dose levels (ppm). This notice referenced a which often approach or exceed the C. Can I File an Objection or Hearing summary of the petition prepared by limit dose. In subchronic and chronic Request? Arysta LifeScience, the registrant, which oral studies, the most toxicologically Under section 408(g) of FFDCA, any is available to the public in the docket, significant effects were anemia in dogs, person may file an objection to any http://www.regulations.gov. There were and decreased body weights, increased aspect of this regulation and may also no comments received in response to food consumption and mild liver and/ request a hearing on those objections. the notice of filing. or kidney effects in rats and mice. You must file your objection or request Fenhexamid is not acutely toxic, a hearing on this regulation in III. Aggregate Risk Assessment and neurotoxic, carcinogenic, or mutagenic accordance with the instructions Determination of Safety and is not a developmental or provided in 40 CFR part 178. To ensure Section 408(b)(2)(A)(i) of FFDCA reproductive toxicant. Although no proper receipt by EPA, you must allows EPA to establish a tolerance (the increased susceptibility of fetuses was identify docket ID number EPA–HQ– legal limit for a pesticide chemical demonstrated in developmental toxicity OPP–2007–0303 in the subject line on residue in or on a food) only if EPA studies in rats and rabbits, equivocal the first page of your submission. All determines that the tolerance is ‘‘safe.’’ results, with respect to evaluating requests must be in writing, and must be Section 408(b)(2)(A)(ii) of FFDCA potentially increased sensitivity of mailed or delivered to the Hearing Clerk defines ‘‘safe’’ to mean that ‘‘there is a pups, were observed in the reproduction as required by 40 CFR part 178 on or reasonable certainty that no harm will study in rats. Specific information on before June 9, 2008. result from aggregate exposure to the the studies received and the nature of

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the adverse effects caused by C. Exposure Assessment into the dietary exposure model. For fenhexamid as well as the no-observed- 1. Dietary exposure from food and chronic dietary risk assessment, the adverse-effect-level (NOAEL) and the feed uses. In evaluating dietary water concentration of value 1.1 ppb lowest-observed-adverse-effect-level exposure to fenhexamid, EPA was used to access the contribution to (LOAEL) from the toxicity studies are considered exposure under the drinking water. 3. From non-dietary exposure. The discussed in the final rule published in petitioned-for tolerances as well as all term ‘‘residential exposure’’ is used in the Federal Register of April 13, 2000 existing fenhexamid tolerances in (40 this document to refer to non- (65 FR 19842) (FRL–6553-7)http:// CFR 180.553). EPA assessed dietary occupational, non-dietary exposure www.epa.gov/fedrgstr/EPA-PEST/2000/ exposures from fenhexamid in food as (e.g., for lawn and garden pest control, April/Day-13/p9144.htm. follows: indoor pest control, termiticides, and i. Acute exposure. Quantitative acute B. Toxicological Endpoints flea and tick control on pets). dietary exposure and risk assessments Fenhexamid is not registered for use For hazards that have a threshold are performed for a food-use pesticide, on any sites that would result in below which there is no appreciable if a toxicological study has indicated the residential exposure. risk, the toxicological level of concern possibility of an effect of concern 4. Cumulative effects from substances (LOC) is derived from the highest dose occurring as a result of a 1–day or single with a common mechanism of toxicity. at which no adverse effects are observed exposure. Section 408(b)(2)(D)(v) of FFDCA (the NOAEL) in the toxicology study No such effects were identified in the requires that, when considering whether identified as appropriate for use in risk toxicological studies for fenhexamid; to establish, modify, or revoke a assessment. However, if a NOAEL therefore, a quantitative acute dietary tolerance, the Agency consider cannot be determined, the lowest dose exposure assessment is unnecessary. ‘‘available information’’ concerning the at which adverse effects of concern are ii. Chronic exposure. In conducting cumulative effects of a particular identified (the LOAEL) is sometimes the chronic dietary exposure assessment pesticide’s residues and ‘‘other used for risk assessment. Uncertainty/ EPA used the food consumption data substances that have a common safety factors (UFs) are used in from the USDA 1994–1996, and 1998 mechanism of toxicity.’’ conjunction with the LOC to take into CSFII. As to residue levels in food, EPA Unlike other pesticides for which EPA account uncertainties inherent in the assumed tolerance level residues for all has followed a cumulative risk approach extrapolation from laboratory animal commodities with existing and based on a common mechanism of data to humans and in the variations in proposed tolerances, DEEM default toxicity, EPA has not made a common sensitivity among members of the processing factors, and assumed 100% mechanism of toxicity finding as to human population as well as other crop treated. fenhexamid and any other substances unknowns. Safety is assessed for acute iii. Cancer. Based on the studies of and fenhexamid does not appear to and chronic risks by comparing carcinogenicity studies in rats and mice, produce a toxic metabolite produced by aggregate exposure to the pesticide to EPA has concluded that fenhexamid is other substances. For the purposes of the acute population adjusted dose ‘‘not likely to be carcinogenic to this tolerance action, therefore, EPA has (aPAD) and chronic population adjusted humans.’’ Consequently, a quantitative not assumed that fenhexamid has a dose (cPAD). The aPAD and cPAD are cancer exposure and risk assessment is common mechanism of toxicity with calculated by dividing the LOC by all not appropriate for fenhexamid. other substances. For information applicable UFs. Short, intermediate, and 2. Dietary exposure from drinking regarding EPA’s efforts to determine long-term risks are evaluated by water. The Agency lacks sufficient which chemicals have a common comparing aggregate exposure to the monitoring data to complete a mechanism of toxicity and to evaluate LOC to ensure that the margin of comprehensive dietary exposure the cumulative effects of such exposure (MOE) called for by the analysis and risk assessment for chemicals, see EPA’s website at http:// product of all applicable UFs is not fenhexamid in drinking water. Because www.epa.gov/pesticides/cumulative. exceeded. the Agency does not have comprehensive monitoring data, D. Safety Factor for Infants and For non-threshold risks, the Agency drinking water concentration estimates Children assumes that any amount of exposure are made by reliance on simulation or 1. In general. Section 408 of FFDCA will lead to some degree of risk and modeling taking into account data on provides that EPA shall apply an estimates risk in terms of the probability the environmental fate characteristics of additional tenfold (‘‘10X’’) margin of of occurrence of additional adverse fenhexamid. Further information safety for infants and children in the cases. Generally, cancer risks are regarding EPA drinking water models case of threshold effects to account for considered non-threshold. For more used in pesticide exposure assessment pre-natal and post-natal toxicity and the information on the general principles can be found at http://www.epa.gov/ completeness of the database on toxicity EPA uses in risk characterization and a oppefed1/models/water/index.htm. and exposure unless EPA determines complete description of the risk Based on the First Index Reservoir based on reliable data that a different assessment process, see http:// Screening Tool (FIRST) and Screening margin of safety will be safe for infants www.epa.gov/fedrgstr/EPA-PEST/1997/ Concentration in Ground Water (SCI- and children. This additional margin of November/Day-26/p30948.htm. GROW) models, the estimated safety is commonly referred to as the A summary of the toxicological environmental concentrations (EECs) of FQPA safety factor. In applying this endpoints for fenhexamid used for fenhexamid for surface water are provision, EPA either retains the default human risk assessment can be found at estimated to be 29 parts per billion value of 10X when reliable data do not http://www.regulations.gov in document (ppb) for acute and 1.1 ppb for chronic support the choice of a different factor, Fenhexamid Human Health Risk exposure. The EECs for groundwater are or, if reliable data are available, EPA Assessment for a Proposed Section 3 estimated to be 0.0007 ppb for acute and uses a different additional FQPA safety Registration for Use on Asparagus on chronic exposure. factor value based on the use of pages 25-26 in docket ID number EPA– Modeled estimates of drinking water traditional UFs and/or special FQPA HQ–OPP–2007–0303. concentrations were directly entered safety factors, as appropriate.

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2. Pre-natal and post-natal sensitivity. proposed tolerance level residues and expression. The method may be In the rat and the rabbit developmental assumes 100% of crops treated with requested from: Chief, Analytical toxicity studies, neither quantitative nor fenhexamid. The assessment is based on Chemistry Branch, Environmental qualitative evidence of increased reliable data and is not expected to Science Center, 701 Mapes Rd., Ft. susceptibility of fetuses to in utero underestimate exposure/risk. Meade, MD 20755–5350; telephone exposure to fenhexamid was observed. Fenhexamid is not registered for use number: (410) 305–2905; e-mail address: In the rat reproduction study, sites that would result in residential [email protected]. qualitative susceptibility was evidenced exposure. Conservative assumptions are B. International Residue Limits as significantly decreased pup body used in the drinking water models. The weights in both generations during the drinking water exposure assessment is There are no established or proposed lactation period (on lactation days 7, 14, not expected to underestimate Canadian, Mexican or Codex MRLs for and 21 in the F2 generation and exposure/risk. fenhexamid on asparagus, therefore lactation days 14 and 21 in the F1 there are no issues for international generation offspring) in the presence of E. Aggregate Risks and Determination of harmonization for this current petition. Safety lesser maternal toxicity (alterations in V. Conclusion clinical chemistry parameters and Safety is assessed for acute and decreased organ weights without chronic risks by comparing aggregate Therefore, the tolerance is established collaborative histopathology). exposure to the pesticide to the aPAD for residues of fenhexamid, (N-2,3- Considering the overall toxicity profile and cPAD. The aPAD and cPAD are dichloro-4-hydroxyphenyl)-1-methyl and the doses and endpoints selected calculated by dividing the LOC by all cyclohexanecarboxamide), in or on for risk assessment for fenhexamid, the applicable UFs. For linear cancer risks, asparagus at 0.02 ppm. degree of concern for the effects EPA calculates the probability of VI. Statutory and Executive Order observed in this study was characterized additional cancer cases given aggregate Reviews as low, noting that there is a clear exposure. Short, intermediate, and long- This final rule establishes a tolerance NOAEL and well-characterized dose term risks are evaluated by comparing under section 408(d) of FFDCA in response for the offspring effects aggregate exposure to the LOC to ensure response to a petition submitted to the observed and that these effects occurred that the MOE called for by the product Agency. The Office of Management and in the presence of parental toxicity. No of all applicable UFs is not exceeded. Budget (OMB) has exempted these types residual uncertainties were identified. 1. Acute risk. No toxicological of actions from review under Executive The NOAEL of 17 milligrams/kilograms endpoint attributable to a single (acute) Order 12866, entitled Regulatory day (mg/kg/day) from the chronic dog dietary exposure was identified. Planning and Review (58 FR 51735, study used to establish the chronic Therefore, acute risk from exposure to October 4, 1993). Because this rule has Reference Dose (cRfD) for the General fenhexamid is not expected. been exempted from review under Population is lower than the NOAEL of 2. Chronic risk. Using the exposure Executive Order 12866, this rule is not 38.2 mg/kg/day in the reproduction assumptions described in this unit for subject to Executive Order 13211, study in which the offspring effects of chronic exposure, EPA has concluded Actions Concerning Regulations That concern were observed (LOAEL = 406 that exposure to fenhexamid from food Significantly Affect Energy Supply, mg/kg/day), and is therefore protective and water will utilize 27% of the cPAD Distribution, or Use (66 FR 28355, May of any potential offspring effects. for children 1-2 years old, the 22, 2001) or Executive Order 13045, 3. Conclusion. EPA has determined subpopulation at the greatest exposure. entitled Protection of Children from that reliable data show that it would be There are no residential uses for Environmental Health Risks and Safety safe for infants and children to reduce fenhexamid that result in chronic Risks (62 FR 19885, April 23, 1997). the FQPA safety factor to 1X. That residential exposure to fenhexamid. This final rule does not contain any decision is based on the following 3. Aggregate cancer risk for U.S. information collections subject to OMB findings: population. The Agency has classified approval under the Paperwork i. The toxicology data base is fenhexamid as a ‘‘not likely’’ human Reduction Act (PRA), 44 U.S.C. 3501 et complete; there are no residual carcinogen based on lack of evidence of seq., nor does it require any special uncertainties in the expose database. carcinogenicity in male and female rats considerations under Executive Order ii. Developmental neurotoxicity as well as in male and female mice, and 12898, entitled Federal Actions to studies are not required for fenhexamid, on the lack of genotoxicity in an Address Environmental Justice in and no additional uncertainty factors acceptable battery of mutagenicity Minority Populations and Low-Income are needed based on the following studies. Therefore, fenhexamid is not Populations (59 FR 7629, February 16, weight-of-the-evidence considerations: expected to pose a cancer risk. 1994). The lack of evidence of abnormalities 4. Determination of safety. Based on Since tolerances and exemptions that in the development of the fetal nervous these risk assessments, EPA concludes are established on the basis of a petition system in the pre/post natal studies; and that there is a reasonable certainty that under section 408(d) of FFDCA, such as Neither brain weight nor no harm will result to the general the tolerance in this final rule, do not histopathological examination of the population, or to infants and children require the issuance of a proposed rule, nervous system was affected in the from aggregate exposure to fenhexamid the requirements of the Regulatory subchronic and chronic studies. residues. Decreased body temperatures observed Flexibility Act (RFA) (5 U.S.C. 601 et in male rats in the acute neurotoxicity IV. Other Considerations seq.) do not apply. This final rule directly regulates study were also not considered to be A. Analytical Enforcement Methodology toxicologically significant. growers, food processors, food handlers, iii. As discussed above in Unit III D., Adequate enforcement methodology and food retailers, not States or tribes, there are no residual uncertainties for (high performance liquid nor does this action alter the pre and/or post natal sensitivity. chromatography (HPLC) method using relationships or distribution of power iv. The dietary (food) exposure electrochemical detection (ECD)) is and responsibilities established by assessment utilizes existing and available to enforce the tolerance Congress in the preemption provisions

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of section 408(n)(4) of FFDCA. As such, I 2. Section 180.553 is amended by www.regulations.gov, select ‘‘Advanced the Agency has determined that this alphabetically adding the following Search,’’ then ‘‘Docket Search.’’ Insert action will not have a substantial direct commodities to/in the table in the docket ID number where indicated effect on States or tribal governments, paragraph (a) to read as follows: and select the ‘‘Submit’’ button. Follow on the relationship between the national the instructions on the regulations.gov government and the States or tribal §180.553 Fenhexamid; tolerances for website to view the docket index or residues. governments, or on the distribution of access available documents. All power and responsibilities among the (a) * * * documents in the docket are listed in various levels of government or between the docket index available in the Federal Government and Indian Commodity Parts per million regulations.gov. Although listed in the tribes. Thus, the Agency has determined *** * * index, some information is not publicly that Executive Order 13132, entitled available, e.g., Confidential Business Federalism (64 FR 43255, August 10, Asparagus ...... 0.02 Information (CBI) or other information 1999) and Executive Order 13175, *** * * whose disclosure is restricted by statute. entitled Consultation and Coordination Certain other material, such as with Indian Tribal Governments (65 FR copyrighted material, is not placed on 67249, November 6, 2000) do not apply * * * * * the Internet and will be publicly to this rule. In addition, This rule does [FR Doc. E8–7038 Filed 4–8–08; 8:45 am] available only in hard copy form. not impose any enforceable duty or Publicly available docket materials are BILLING CODE 6560–50–S contain any unfunded mandate as available in the electronic docket at described under Title II of the Unfunded http://www.regulations.gov, or, if only Mandates Reform Act of 1995 (UMRA) ENVIRONMENTAL PROTECTION available in hard copy, at the OPP (Public Law 104–4). AGENCY Regulatory Public Docket in Rm. S– This action does not involve any 4400, One Potomac Yard (South Bldg.), technical standards that would require 40 CFR Part 180 2777 S. Crystal Dr., Arlington, VA. The Agency consideration of voluntary Docket Facility is open from 8:30 a.m. [EPA–HQ–OPP–2007–0426; FRL–8356–9] consensus standards pursuant to section to 4 p.m., Monday through Friday, 12(d) of the National Technology Buprofezin; Pesticide Tolerance excluding legal holidays. The Docket Transfer and Advancement Act of 1995 Facility telephone number is (703) 305– (NTTAA), Public Law 104–113, section AGENCY: Environmental Protection 5805. 12(d) (15 U.S.C. 272 note). Agency (EPA). FOR FURTHER INFORMATION CONTACT: VII. Congressional Review Act ACTION: Final rule. Susan Stanton, Registration Division (7505P), Office of Pesticide Programs, The Congressional Review Act, 5 SUMMARY: This regulation establishes Environmental Protection Agency, 1200 U.S.C. 801 et seq., generally provides tolerances for residues of buprofezin in Pennsylvania Ave., NW., Washington, that before a rule may take effect, the or on berry, low growing , subgroup 13- DC 20460–0001; telephone number: agency promulgating the rule must 07G; okra; olive; olive, oil; pepper, (703) 305-5218; e-mail address: submit a rule report to each House of nonbell; radicchio; vegetable, fruiting, [email protected]. the Congress and to the Comptroller group 8, except nonbell pepper; and General of the United States. EPA will vegetable, leafy, except Brassica, group SUPPLEMENTARY INFORMATION: submit a report containing this rule and 4, except head lettuce and radicchio; I. General Information other required information to the U.S. and increases the existing tolerance for Senate, the U.S. House of residues of buprofezin in or on head A. Does this Action Apply to Me? Representatives, and the Comptroller lettuce. Interregional Research Project You may be potentially affected by General of the United States prior to Number 4 (IR-4) requested these this action if you are an agricultural publication of this final rule in the tolerances under the Federal Food, producer, food manufacturer, or Federal Register. This final rule is not Drug, and Cosmetic Act (FFDCA). This pesticide manufacturer. Potentially a ‘‘major rule’’ as defined by 5 U.S.C. regulation also removes existing affected entities may include, but are 804(2). tolerances for residues of buprofezin in not limited to those engaged in the or on leaf lettuce and tomato and following activities: List of Subjects in 40 CFR Part 180 modifies 40 CFR 180.511 by removing • Crop production (NAICS code 111), Environmental protection, the third column (Expiration/ e.g., agricultural workers; greenhouse, Administrative practice and procedure, Revocation Date) from the table in nursery, and floriculture workers; Agricultural commodities, Pesticides paragraph (a), since it is no longer farmers. and pests, Reporting and recordkeeping applicable. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, requirements. DATES: This regulation is effective April dairy cattle farmers, livestock farmers. Dated: March 26, 2008. 9, 2008. Objections and requests for • Food manufacturing (NAICS code hearings must be received on or before Daniel C. Kenny, 311), e.g., agricultural workers; farmers; June 9, 2008, and must be filed in Acting Director, Registration Division, Office greenhouse, nursery, and floriculture of Pesticide Programs. accordance with the instructions workers; ranchers; pesticide applicators. provided in 40 CFR part 178 (see also I • Pesticide manufacturing (NAICS Therefore, 40 CFR chapter I is Unit I.C. of the SUPPLEMENTARY amended as follows: code 32532), e.g., agricultural workers; INFORMATION ). commercial applicators; farmers; PART 180—[AMENDED] ADDRESSES: EPA has established a greenhouse, nursery, and floriculture docket for this action under docket workers; residential users. I 1. The authority citation for part 180 identification (ID) number EPA–HQ– This listing is not intended to be continues to read as follows: OPP–2007–0426. To access the exhaustive, but rather to provide a guide Authority: 21 U.S.C. 321(q), 346a and 371. electronic docket, go to http:// for readers regarding entities likely to be

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affected by this action. Other types of • Delivery: OPP Regulatory Public commodities (okra; olive; olive, oil; entities not listed in this unit could also Docket (7502P), Environmental vegetable, leafy, except Brassica, group be affected. The North American Protection Agency, Rm. S–4400, One 4; and vegetable, fruiting, group 8) and Industrial Classification System Potomac Yard (South Bldg.), 2777 S. determined that separate tolerances are (NAICS) codes have been provided to Crystal Dr., Arlington, VA. Deliveries appropriate for head lettuce and assist you and others in determining are only accepted during the Docket’s radicchio of the leafy vegetable, except whether this action might apply to normal hours of operation (8:30 a.m. to Brassica, group 4; and nonbell pepper of certain entities. If you have any 4 p.m., Monday through Friday, the fruiting vegetable group 8. EPA has questions regarding the applicability of excluding legal holidays). Special also determined that a tolerance on this action to a particular entity, consult arrangements should be made for berry, low growing, subgroup 13-07G is the person listed under FOR FURTHER deliveries of boxed information. The appropriate in lieu of the proposed INFORMATION CONTACT. Docket Facility telephone number is tolerances on individual berry (703) 305–5805. B. How Can I Access Electronic Copies commodities. The reasons for these of this Document? II. Petition for Tolerance changes are explained in Unit IV.D. In addition to accessing an electronic In the Federal Register of July 25, III. Aggregate Risk Assessment and copy of this Federal Register document 2007 (72 FR 40877) (FRL–8137–1), EPA Determination of Safety through the electronic docket at http:// issued a notice pursuant to section Section 408(b)(2)(A)(i) of FFDCA www.regulations.gov, you may access 408(d)(3) of FFDCA, 21 U.S.C. allows EPA to establish a tolerance (the this Federal Register document 346a(d)(3), announcing the filing of a legal limit for a pesticide chemical electronically through the EPA Internet pesticide petition (PP 7E7207) by residue in or on a food) only if EPA under the ‘‘Federal Register’’ listings at Interregional Research Project Number 4 determines that the tolerance is ‘‘safe.’’ http://www.epa.gov/fedrgstr. You may (IR-4), 500 College Road East, Suite 201 Section 408(b)(2)(A)(ii) of FFDCA also access a frequently updated W, Princeton, NJ 08540. The petition defines ‘‘safe’’ to mean that ‘‘there is a requested that 40 CFR 180.511 be electronic version of EPA’s tolerance reasonable certainty that no harm will amended by establishing tolerances for regulations at 40 CFR part 180 through result from aggregate exposure to the residues of the insecticide buprofezin, the Government Printing Office’s pilot pesticide chemical residue, including 2-[(1,1-dimethylethyl)imino]tetrahydro- e-CFR site at http://www.gpoaccess.gov/ all anticipated dietary exposures and all 3(1-methylethyl)-5-phenyl-4H-1,3,5- ecfr. other exposures for which there is thiadiazin-4-one, in or on vegetable, reliable information.’’ This includes C. Can I File an Objection or Hearing leafy, except Brassica, group 4 at 25 exposure through drinking water and in Request? parts per million (ppm); olive at 3.0 residential settings, but does not include Under section 408(g) of FFDCA, any ppm; olive, oil at 9.0 ppm; and occupational exposure. Section person may file an objection to any strawberry, bearberry, bilberry, lowbush aspect of this regulation and may also blueberry, cloudberry, cranberry, 408(b)(2)(C) of FFDCA requires EPA to request a hearing on those objections. lingonberry, muntries and partridge give special consideration to exposure You must file your objection or request berry at 2.5 ppm. That notice referenced of infants and children to the pesticide a hearing on this regulation in a summary of the petition prepared by chemical residue in establishing a accordance with the instructions Ninchino America, Inc., the registrant, tolerance and to ‘‘ensure that there is a provided in 40 CFR part 178. To ensure which is available to the public in the reasonable certainty that no harm will proper receipt by EPA, you must docket, http://www.regulations.gov. result to infants and children from identify docket ID number EPA–HQ– In the Federal Register of October 24, aggregate exposure to the pesticide OPP–2007–0426 in the subject line on 2007 (72 FR 60369) (FRL–8150–8), EPA chemical residue....’’ These provisions the first page of your submission. All issued a notice pursuant to section were added to FFDCA by the Food requests must be in writing, and must be 408(d)(3) of FFDCA, 21 U.S.C. Quality Protection Act (FQPA) of 1996. mailed or delivered to the Hearing Clerk 346a(d)(3), announcing the filing of a Consistent with FFDCA section as required by 40 CFR part 178 on or pesticide petition (PP 7E7253) by 408(b)(2)(D), and the factors specified in before June 9, 2008. Interregional Research Project Number 4 FFDCA section 408(b)(2)(D), EPA has In addition to filing an objection or (IR-4), 500 College Road East, Suite 201 reviewed the available scientific data hearing request with the Hearing Clerk W, Princeton, NJ 08540. The petition and other relevant information in as described in 40 CFR part 178, please requested that 40 CFR 180.511 be support of this action. EPA has submit a copy of the filing that does not amended by establishing tolerances for sufficient data to assess the hazards of contain any CBI for inclusion in the residues of the insecticide buprofezin, and to make a determination on public docket that is described in 2-[(1,1-dimethylethyl)imino]tetrahydro- aggregate exposure for the petitioned-for ADDRESSES. Information not marked 3(1-methylethyl)-5-phenyl-4H-1,3,5- tolerance for residues of buprofezin, 2- confidential pursuant to 40 CFR part 2 thiadiazin-4-one, in or on vegetable, [(1,1-dimethylethyl)imino]tetrahydro- may be disclosed publicly by EPA fruiting, group 8; and okra at 1.8 ppm. 3(1-methylethyl)-5-phenyl-4H-1,3,5- without prior notice. Submit this copy, That notice referenced a summary of the thiadiazin-4-one, on berry, low growing, identified by docket ID number EPA– petition prepared by Ninchino America, subgroup 13-07G at 2.5 ppm; lettuce, HQ–OPP–2007–0426, by one of the Inc., the registrant, which is available to head at 6.0 ppm; okra at 4.0 ppm; olive following methods: the public in the docket, http:// at 3.5 ppm; olive, oil at 4.8 ppm; • Federal eRulemaking Portal: http:// www.regulations.gov. pepper, nonbell at 4.0 ppm; radicchio at www.regulations.gov. Follow the on-line Comments were received in response 6.0 ppm; vegetable, fruiting, group 8, instructions for submitting comments. to the notices of filing. EPA’s response except nonbell pepper at 1.3 ppm; and • Mail: Office of Pesticide Programs to these comments is discussed in Unit vegetable, leafy, except Brassica, group (OPP) Regulatory Public Docket (7502P), IV.C. 4, except head lettuce and radicchio at Environmental Protection Agency, 1200 Based upon review of the data 35 ppm. EPA’s assessment of exposures Pennsylvania Ave., NW., Washington, supporting the petitions, EPA has and risks associated with establishing DC 20460–0001. revised the tolerance levels for several the tolerance follows.

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A. Toxicological Profile document is available in the docket C. Exposure Assessment EPA has evaluated the available established by this action, which is 1. Dietary exposure from food and toxicity data and considered its validity, described under ADDRESSES, and is feed uses. In evaluating dietary completeness, and reliability as well as identified as document ID number EPA– exposure to buprofezin, EPA considered the relationship of the results of the HQ–OPP–2007–0426-0004 in that exposure under the petitioned-for studies to human risk. EPA has also docket. tolerances as well as all existing considered available information B. Toxicological Endpoints buprofezin tolerances in 40 CFR concerning the variability of the For hazards that have a threshold 180.511. EPA assessed dietary sensitivities of major identifiable below which there is no appreciable exposures from buprofezin in food as subgroups of consumers, including risk, the toxicological level of concern follows: i. Acute exposure. Quantitative acute infants and children. (LOC) is derived from the highest dose dietary exposure and risk assessments Buprofezin has low acute toxicity via at which no adverse effects are observed the oral, dermal and inhalation routes of (the NOAEL) in the toxicology study are performed for a food-use pesticide, exposure. It is not an eye or skin irritant; identified as appropriate for use in risk if a toxicological study has indicated the nor is it a dermal sensitizer. In assessment. However, if a NOAEL possibility of an effect of concern subchronic toxicity studies, the primary cannot be determined, the lowest dose occurring as a result of a 1–day or single effects of concern in the rat were at which adverse effects of concern are exposure. Such effects were identified increased microscopic lesions in male identified (the LOAEL) is sometimes in the toxicological studies for and female liver and thyroid, increased used for risk assessment. Uncertainty/ buprofezin for the population subgroup, liver weights in males and females, and safety factors (UFs) are used in females 13-50 years old; no such effects increased thyroid weight in males. In conjunction with the LOC to take into were identified for the general chronic studies in the rat, an increased account uncertainties inherent in the population or other population incidence of follicular cell hyperplasia extrapolation from laboratory animal subgroups. In estimating acute dietary and hypertrophy in the thyroid of males data to humans and in the variations in exposure of females 13-50 years old, was reported. Increased relative liver sensitivity among members of the EPA used food consumption weights were reported in female dogs. human population as well as other information from the USDA 1994-1996 Buprofezin was not carcinogenic to unknowns. Safety is assessed for acute Nationwide Continuing Surveys of Food male and female rats. In the mouse, and chronic risks by comparing Intake by Individuals (CSFII). As to increased absolute liver weights in aggregate exposure to the pesticide to residue levels in food, EPA assumed males and females, along with an the acute population adjusted dose that residues are present at tolerance increased incidence of hepatocellular (aPAD) and chronic population adjusted levels in all commodities except meat adenomas and hepatocellular adenomas dose (cPAD). The aPAD and cPAD are and milk. Anticipated residues were plus carcinomas in females were calculated by dividing the LOC by all calculated for meat and milk reported. Based on the increased applicable UFs. Short-, intermediate-, commodities as follows: Tolerances for incidence of liver tumors in female mice and long-term risks are evaluated by meat and milk are established at the only, no evidence of carcinogenicity in comparing aggregate exposure to the analytical method limit of quantitation rats, and no evidence of genotoxicity in LOC to ensure that the margin of (LOQ). Since residues were only submitted guideline studies using in exposure (MOE) called for by the detected in the livestock feeding study vitro and in vivo genotoxicity assays, product of all applicable UFs is not when feed contained 6.8-9.3x the EPA classified buprofezin as having exceeded. maximum theoretical dietary burden suggestive evidence but found the For non-threshold risks, the Agency (MTDB), residues in these commodities evidence to be sufficiently weak that assumes that any amount of exposure were normalized to 1x the MTDB in the quantification of cancer risk was not will lead to some degree of risk and acute dietary exposure assessment. For deemed to be appropriate. estimates risk in terms of the probability fruits and crops with an extended There is no evidence that buprofezin of occurrence of additional adverse interval from initial application to results in increased susceptibility of in cases. Generally, cancer risks are harvest (>50 day), additional utero rats or rabbits in the prenatal considered non-threshold. For more metabolites of toxicological concern developmental studies or in young rats information on the general principles (BF4 and its conjugates, and BF12) that in the 2-generation reproduction study. EPA uses in risk characterization and a are not included in the tolerance Toxicity in the offspring was found at complete description of the risk expression were included in the dietary dose levels that were also toxic to the assessment process, see http:// exposure assessment, as appropriate, parent(s), and the effects observed in the www.epa.gov/pesticides/factsheets/ based on the ratio of metabolite to offspring were not more severe, riskassess.htm. parent found in plant metabolism qualitatively, than the effects observed A summary of the toxicological studies. No adjustment was made to in the parent(s). endpoints for buprofezin used for account for the percent of crops treated Specific information on the studies human risk assessment can be found at with buprofezin in the acute dietary received and the nature of the adverse http://www.regulations.gov in document exposure assessment. 100 percent crop effects caused by buprofezin as well as Buprofezin - Human-Health Risk treated (PCT) was assumed for all the no-observed-adverse-effect-level Assessment for Application to Low- commodities. (NOAEL) and the lowest-observed- Growing Berries, Olives, Leafy ii. Chronic exposure. In conducting adverse-effect-level (LOAEL) from the Vegetables (except Brassica), and the chronic dietary exposure assessment toxicity studies can be found at http:// Fruiting Vegetables at page 11. The EPA used the food consumption data www.regulations.gov in the document referenced document is available in the from the USDA 1994-1996 and 1998 Buprofezin - Human-Health Risk docket established by this action, which Nationwide Continuing Surveys of Food Assessment for Application to Low- is described under ADDRESSES, and is Intake by Individuals (CSFII). As to Growing Berries, Olives, Leafy identified as document ID number EPA– residue levels in food, EPA relied upon Vegetables (except Brassica), and HQ–OPP–2007–0426-0004 in that anticipated residues and PCT Fruiting Vegetables. The referenced docket. information for some commodities. The

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chronic analysis employed the same 5 years from the date of issuance of this insecticide on the use site is selected for anticipated residue estimates for meat tolerance. comparison with the new insecticide). and milk as those employed in the acute Section 408(b)(2)(F) of FFDCA states The PCT values included in the analysis. For apple, pear, orange, and that the Agency may use data on the averages may be for the same pesticide orange juice, average residues from the actual percent of food treated for or for different pesticides, since the 2003, 2004 and/or 2005 USDA Pesticide assessing chronic dietary risk only if: same or different pesticides may Data Program (PDP) monitoring data a. The data used are reliable and dominate for each year selected. were used for estimation of total provide a valid basis to show what Typically, EPA uses USDA/NASS as the buprofezin and metabolite residues. For percentage of the food derived from primary source for PCT data. When a all other plant commodities, tolerance- such crop is likely to contain such specific use site is not surveyed by level or average field trial residues were pesticide residue. USDA/NASS, EPA uses other sources used. For fruits and crops with an b. The exposure estimate does not including proprietary data and extended interval from initial underestimate exposure for any calculates the PPCT. application to harvest (>50 day), significant subpopulation group. This estimated PPCT, based on the additional metabolites of toxicological c. Data are available on pesticide use average PCT of the market leader, is concern (BF4 and its conjugates, and and food consumption in a particular appropriate for use in chronic dietary BF12) that are not included in the area, the exposure estimate does not risk assessment. The method of tolerance expression were included in understate exposure for the population estimating a PPCT for a new use of a the dietary exposure assessment, as in such area. In addition, the Agency registered pesticide or a new pesticide appropriate, based on the ratio of must provide for periodic evaluation of produces a high-end estimate that is metabolite to parent found in plant any estimates used. To provide for the unlikely, in most cases, to be exceeded metabolism studies. The chronic periodic evaluation of the estimate of during the initial five years of actual analysis incorporated screening-level PCT as required by FFDCA section use. The predominant factors that bear PCT estimates for several registered 408(b)(2)(F), EPA may require on whether the estimated PPCT could crops and projected percent crop registrants to submit data on PCT. be exceeded are whether a new treatment (PPCT) estimates for apple, The Agency used PCT information as pesticide use or new pesticide is more peach, apricot, nectarine, cherry, plum, follows: efficacious or controls a broader celery, lettuce, spinach, strawberry and PCT estimates for existing uses: spectrum of pests than the dominant tomato. Default processing factors were Almond 1%; cantaloupe 5%; cotton 1%; pesticide; whether there are concerns assumed for all commodities except citrus 1%; grape 1%; honeydew 1%; that increasing pest pressure may tomato paste and pure`e. The tomato pear 10%; pistachio 1%; pumpkin 1%; intensify the use of alternate pesticides; paste and pure`e processing factors were squash 1%; and watermelon 1%. and/or whether the new pesticide has a reduced to 1.2x based on the results of EPA uses an average PCT for chronic shorter pre-harvest or re-entry interval a tomato processing study. dietary risk analysis. The average PCT than alternative insecticides. Based on iii. Cancer. EPA has classified figure for each existing use is derived by all information currently available, EPA buprofezin as having suggestive combining available federal, state, and concludes that it is unlikely that actual evidence based on the occurrence of private market survey data for that use, PCT for buprofezin will exceed the liver tumors in female mice. Since the averaging by year, averaging across all PPCT during the next five years. A increased incidence of liver tumors years, and rounding up to the nearest discussion of the factors considered in occurred in female mice only and there multiple of five percent except for those making this determination can be found was no evidence of carcinogenicity in situations in which the average PCT is in the documents Projected Percent rats or evidence of genotoxicity in less than one. In those cases 1% is used Crop Treated for the Insecticide submitted guideline studies using in as the average. In most cases, EPA uses Buprofezin on Six Crops: Grapes, vitro and in vivo genotoxicity assays, available data from United States Apricots, Nectarines, Sweet Cherries, EPA regards the carcinogenic potential Department of Agriculture/National Tart Cherries, and Plums and Projected of buprofezin as very low and has Agricultural Statistics Service (USDA/ Percent Crop Treated (PPCT) for the determined that quantification of NASS), Proprietary Market Surveys, and Insecticide Buprofezin on Five Crops: human cancer risk is not appropriate. the National Center for Food and Celery, Lettuce, Spinach, Strawberries, Therefore, a cancer exposure assessment Agriculture Policy (NCFAP) for the most and Tomatoes; and in Attachment #2 to was not conducted. recent six years. the document Buprofezin - Acute and iv. Anticipated residue and PCT EPA used PPCT estimates for the Chronic Dietary Exposure and Risk information. Section 408(b)(2)(E) of following commodities: Apple 5%; Assessments. The referenced documents FFDCA authorizes EPA to use available peach 13%; apricot 40%; nectarine are available at www.regulations.gov in data and information on the anticipated 60%; sweet cherry 44%; tart cherry docket ID number EPA–HQ–OPP–2007– residue levels of pesticide residues in 76%; plum 35%; celery 18%; head 0426. food and the actual levels of pesticide lettuce 67%; lettuce (other) 63%; The Agency believes that the three residues that have been measured in spinach 30%; strawberry 39%; tomato conditions listed in this unit have been food. If EPA relies on such information, (fresh) 42%; and tomato (processing) met. With respect to Condition a, PCT EPA must pursuant to FFDCA section 25%. estimates are derived from Federal and 408(f)(1) require that data be provided 5 EPA estimates PPCT for a new private market survey data, which are years after the tolerance is established, pesticide use by assuming that the PCT reliable and have a valid basis. The modified, or left in effect, demonstrating during the pesticide’s initial five years Agency is reasonably certain that the that the levels in food are not above the of use on a specific use site will not percentage of the food treated is not levels anticipated. For the present exceed the average PCT of the market likely to be an underestimation. As to action, EPA will issue such data call-ins leader (i.e., the one pesticide with the Conditions b and c, regional as are required by FFDCA section greatest PCT) on that site over the three consumption information and 408(b)(2)(E) and authorized under most recent surveys. Comparisons are consumption information for significant FFDCA section 408(f)(1). Data will be only made among the chemicals of the subpopulations is taken into account required to be submitted no later than same pesticide type (i.e., the leading through EPA’s computer-based model

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for evaluating the exposure of 4. Cumulative effects from substances more susceptible to these effects are not significant subpopulations including with a common mechanism of toxicity. available. several regional groups. Use of this Section 408(b)(2)(D)(v) of FFDCA 3. Conclusion. EPA has determined consumption information in EPA’s risk requires that, when considering whether that the FQPA safety factor of 10X must assessment process ensures that EPA’s to establish, modify, or revoke a be retained and applied to all exposure estimate does not understate tolerance, the Agency consider subchronic and chronic exposures exposure for any significant ‘‘available information’’ concerning the whose endpoint is based on thyroid subpopulation group and allows the cumulative effects of a particular effects. For acute exposures, EPA has Agency to be reasonably certain that no pesticide’s residues and ‘‘other determined that the FQPA safety factor regional population is exposed to substances that have a common may be reduced to 1X. These decisions residue levels higher than those mechanism of toxicity.’’ are based on the following findings: estimated by the Agency. Other than the Unlike other pesticides for which EPA i. The toxicity database for buprofezin data available through national food has followed a cumulative risk approach contains all of the standard toxicity consumption surveys, EPA does not based on a common mechanism of studies. However, there is uncertainty have available information on the toxicity, EPA has not made a common regarding potential thyroid effects seen regional consumption of food to which mechanism of toxicity finding as to in some of these studies. Based on the buprofezin may be applied in a buprofezin and any other substances evidence of thyroid toxicity following particular area. and buprofezin does not appear to subchronic and chronic exposures of 2. Dietary exposure from drinking produce a toxic metabolite produced by rats (histopathological lesions) and dogs water. The Agency lacks sufficient other substances. For the purposes of (decreases in serum thyroxine levels monitoring data to complete a this tolerance action, therefore, EPA has and increased thyroid weights), EPA requested a buprofezin comparative comprehensive dietary exposure not assumed that buprofezin has a thyroid assay study in rats (28–day; analysis and risk assessment for common mechanism of toxicity with young versus adults) to determine if the buprofezin in drinking water. Because other substances. For information thyroid effects occur at a lower dose in the Agency does not have regarding EPA’s efforts to determine young versus adult animals. Since this comprehensive monitoring data, which chemicals have a common study has not been submitted, EPA drinking water concentration estimates mechanism of toxicity and to evaluate concludes that the 10X FQPA safety are made by reliance on simulation or the cumulative effects of such factor to account for database modeling taking into account data on chemicals, see EPA’s website at http:// uncertainty should be retained and the environmental fate characteristics of www.epa.gov/pesticides/cumulative. applied to all subchronic and chronic buprofezin. Further information D. Safety Factor for Infants and exposures whose endpoint is based on regarding EPA drinking water models Children thyroid effects. The FQPA safety factor used in pesticide exposure assessment of 10X is not applicable to the acute can be found at http://www.epa.gov/ 1. In general. Section 408 of FFDCA endpoint, since a single dose of oppefed1/models/water/index.htm. provides that EPA shall apply an buprofezin would not be expected to Based on the Pesticide Root Zone additional tenfold (‘‘10X’’) margin of perturb thyroid homeostasis in the adult Model /Exposure Analysis Modeling safety for infants and children in the or the young due to the buffering of System (PRZM/EXAMS) and Screening case of threshold effects to account for thyroid hormone concentrations by Concentration in Ground Water (SCI- prenatal and postnatal toxicity and the homeostatic mechanisms for GROW) models, the estimated completeness of the database on toxicity compounds with short half lives, like environmental concentrations (EECs) of and exposure unless EPA determines buprofezin. buprofezin for acute exposures are based on reliable data that a different ii. There is no indication that estimated to be 57.4 parts per billion margin of safety will be safe for infants buprofezin is a neurotoxic chemical and (ppb) for surface water and 0.09 ppb for and children. This additional margin of there is no need for a developmental ground water. The EECs for chronic safety is commonly referred to as the neurotoxicity study or additional UFs to exposures are estimated to be 12.5 ppb FQPA safety factor. In applying this account for neurotoxicity. for surface water and 0.09 ppb for provision, EPA either retains the default iii. There is no evidence that ground water. value of 10X when reliable data do not buprofezin results in increased Modeled estimates of drinking water support the choice of a different factor, susceptibility in in utero rats or rabbits concentrations were directly entered or, if reliable data are available, EPA in the prenatal developmental studies or into the dietary exposure model. For uses a different additional FQPA safety in young rats in the 2–generation acute dietary risk assessment, the water factor value based on the use of reproduction study. However, the concentration value of 57.4 ppb was traditional UFs and/or special FQPA developmental studies were not used to assess the contribution to safety factors, as appropriate. adequate to fully assess the potential for drinking water. For chronic dietary risk 2. Prenatal and postnatal sensitivity. susceptibility from subchronic and assessment, the water concentration of There is no evidence of increased chronic exposures. Consequently, there value 12.5 ppb was used to assess the quantitative or qualitative susceptibility is concern for potential increased contribution to drinking water. of in utero rat or rabbit fetuses from sensitivity or susceptibility in offspring 3. From non-dietary exposure. The exposure to buprofezin in prenatal regarding thyroid effects. term ‘‘residential exposure’’ is used in developmental toxicity studies; and iv. There are no residual uncertainties this document to refer to non- there is no evidence of increased identified in the exposure databases. occupational, non-dietary exposure quantitative or qualitative susceptibility The dietary food exposure assessments (e.g., for lawn and garden pest control, of rat offspring in the 2-generation were refined for some commodities indoor pest control, termiticides, and reproduction study. There is evidence of using reliable PCT/PPCT information flea and tick control on pets). thyroid toxicity following subchronic and anticipated residue values Buprofezin is not registered for use on and chronic exposures of rats and dogs calculated from the available monitoring any sites that would result in residential to buprofezin; however, data to data and field trial results. Dietary exposure. determine whether young animals are drinking water exposure is based on

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conservative modeling estimates. 3. Short-term risk. Short-term residues of buprofezin per se on tomato Residential exposures are not expected. aggregate exposure takes into account of 1 ppm and 0.5 ppm, respectively. These assessments will not residential exposure plus chronic Both MRLs are lower than the tolerance underestimate the exposure and risks exposure to food and water (considered of 1.3 ppm being established for fruiting posed by buprofezin. to be a background exposure level). vegetables, a group which includes Although there are no residual Buprofezin is not registered for use on tomato; however, since the field trial uncertainties identified in the exposure any sites that would result in residential data considered in determining the U.S. databases, no neurotoxic concerns for exposure. Therefore, the aggregate risk tolerance level indicate the potential for buprofezin, and no evidence of is the sum of the risk from food and residues in/on tomato to exceed the increased susceptibility of offspring in water, which does not exceed the international MRLs, harmonization is available studies, there is sufficient Agency’s level of concern. not possible at this time. uncertainty regarding thyroid effects, 4. Intermediate-term risk. C. Response to Comments particularly thyroid effects in the young, Intermediate-term aggregate exposure that EPA is retaining the 10X FQPA takes into account residential exposure Comments were received from a safety factor for all subchronic and plus chronic exposure to food and water private citizen in response to the notices chronic exposures whose endpoint is (considered to be a background of filing of pesticide petitions PP7E7253 based on thyroid effects. EPA has also exposure level). Buprofezin is not and PP7E7207. In response to the notice determined that the traditional 10X registered for use on any sites that of filing of PP7E7207, the commenter uncertainty factor to account for would result in residential exposure. indicated that she was unable to open interspecies variation may be reduced to Therefore, the aggregate risk is the sum ‘‘the report on the proposal’’ and 3X for these exposures, since it has been of the risk from food and water, which complained generally about the established that rats are more does not exceed the Agency’s level of government website, http:// susceptible to thyroid effects than concern. www.regulations.gov. If by ‘‘the report humans. These factors, together with the 5. Aggregate cancer risk for U.S. on the proposal’’ the commenter is traditional 10X uncertainty factor to population. As discussed in Unit referring to the registrant’s summary of account for intraspecies variation, result III.C.1.iii., EPA regards the carcinogenic the petition, EPA notes that it is in a total uncertainty factor of 300X potential of buprofezin as very low and available in the docket in two common (10X, 3X and 10X) for subchronic and concludes that it poses no greater than file formats, MicroSoft Word and chronic exposures. The total uncertainty a negligible cancer risk to humans. Portable Document Format (PDF,) and factor for acute exposures is 100X (10X 6. Determination of safety. Based on cannot explain the commenter’s intraspecies variation and 10X these risk assessments, EPA concludes inability to open it. In response to the interspecies variation). that there is a reasonable certainty that notice of filing of PP7E7253, the commenter objected to any residues on E. Aggregate Risks and Determination of no harm will result to the general population, or to infants and children vegetables and ‘‘exemptions’’ for ‘‘this Safety product’’ on the basis of its potential from aggregate exposure to buprofezin Safety is assessed for acute and carcinogenicity. EPA considered the residues. chronic risks by comparing aggregate carcinogenic potential of buprofezin in exposure to the pesticide to the aPAD IV. Other Considerations its risk assessment and determined that and cPAD. The aPAD and cPAD are it did not pose a cancer risk. Comments A. Analytical Enforcement Methodology calculated by dividing the LOC by all received contained no scientific data or applicable UFs. For linear cancer risks, The gas chromatography/nitrogen other substantive evidence to rebut this EPA calculates the probability of phosphorus detector methods used in conclusion or the Agency’s finding that additional cancer cases given aggregate the field trial studies were adequately there is a reasonable certainty that no exposure. Short-, intermediate-, and validated and similar to the method harm will result from aggregate long-term risks are evaluated by validated by EPA’s Analytical exposure to buprofezin from the comparing aggregate exposure to the Chemistry Branch (ACB) and forwarded establishment of these tolerances. The LOC to ensure that the MOE called for to the Food and Drug Administration for Agency has received these same or by the product of all applicable UFs is publication in the Pesticide Analytical similar comments from this commenter not exceeded. Manual I. Since adequate method on numerous previous occasions. Refer 1. Acute risk. Using the exposure validation and concurrent recoveries to Federal Register 70 FR 37686 (June assumptions discussed in this unit for were attained in the field trial studies, 30, 2005), 70 FR 1354 (January 7, 2005), acute exposure, the acute dietary EPA concludes that the method and 69 FR 63096 (October 29, 2004) for exposure from food and water to validated by ACB is appropriate for the Agency’s previous responses to buprofezin will occupy 7% of the aPAD enforcement of the tolerances associated these objections. for the population group females 13-49 with these petitions. The method may years old. No acute endpoint of concern be requested from: Chief, Analytical D. Changes to Proposed Tolerances was identified for the remaining Chemistry Branch, Environmental Based upon review of the data population groups. Science Center, 701 Mapes Rd., Ft. supporting the petitions, EPA has 2. Chronic risk. Using the exposure Meade, MD 20755–5350; telephone revised the tolerance levels for several assumptions described in this unit for number: (410) 305–2905; e-mail address: commodities and determined that chronic exposure, EPA has concluded [email protected]. separate tolerances are appropriate for that exposure to buprofezin from food certain members of the leafy (except and water will utilize 91% of the cPAD B. International Residue Limits Brassica) and fruiting vegetable groups. for children, 1 to 2 years old, the There are no Canadian, Mexican, or EPA revised the tolerances for okra from population group with the greatest Codex maximum residue limits (MRLs) 1.8 ppm to 4.0 ppm; olive from 3.0 ppm estimated exposure. There are no established for buprofezin in/on any of to 3.5 ppm; olive, oil from 9.0 ppm to residential uses for buprofezin that the commodities associated with the 4.8 ppm; vegetable, leafy, except result in chronic residential exposure to current petitions, except tomato. There Brassica, group 4, except head lettuce buprofezin. are Codex and Mexican MRLs for and radicchio from 25 ppm to 35 ppm;

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and vegetable, fruiting, group 8, except group 8, except nonbell pepper at 1.3 Congress in the preemption provisions nonbell pepper from 1.8 ppm to 1.3 ppm; and vegetable, leafy, except of section 408(n)(4) of FFDCA. As such, ppm. EPA revised these tolerance levels Brassica, group 4, except head lettuce the Agency has determined that this based on analyses of the residue field and radicchio at 35 ppm. Further, the action will not have a substantial direct trial data using the Agency’s Tolerance existing tolerances in/on ‘‘lettuce, leaf’’ effect on States or tribal governments, Spreadsheet in accordance with the at 13.0 ppm and ‘‘tomato’’ at 0.50 ppm on the relationship between the national Agency’s Guidance for Setting Pesticide are deleted, since residues of buprofezin government and the States or tribal Tolerances Based on Field Trial Data on these commodities will be covered governments, or on the distribution of and the results of the olive processing by the higher tolerances being power and responsibilities among the study. EPA also determined that established on ‘‘vegetable, leafy, except various levels of government or between separate tolerances should be Brassica, group 4, except head lettuce the Federal Government and Indian established for head lettuce and and radicchio ’’ and ‘‘vegetable, fruiting, tribes. Thus, the Agency has determined radicchio at 6.0 ppm and for nonbell group 8, except non-bell pepper’’. that Executive Order 13132, entitled pepper at 4.0 ppm, since there is more The table of buprofezin tolerances at Federalism (64 FR 43255, August 10, than a 5-fold difference between 40 CFR 180.511(a) currently includes a 1999) and Executive Order 13175, residues on these crops and other third column for expiration/revocation entitled Consultation and Coordination members of their respective crop dates. Since none of the existing with Indian Tribal Governments (65 FR groups: vegetable, leafy (except tolerances is time-limited and EPA is 67249, November 6, 2000) do not apply Brassica) group 4; and vegetable, not time-limiting the new tolerances to this rule. In addition, This rule does fruiting group 8. A tolerance already listed in this unit, there is no need for not impose any enforceable duty or exists for residues of buprofezin on head this column. Therefore, the third contain any unfunded mandate as lettuce at 5.0 ppm; it will be increased column of the table is being deleted. described under Title II of the Unfunded to 6.0 ppm. VI. Statutory and Executive Order Mandates Reform Act of 1995 (UMRA) IR-4 petitioned for individual Reviews (Public Law 104–4). tolerances on strawberry, bearberry, This action does not involve any This final rule establishes a tolerance bilberry, lowbush blueberry, cloudberry, technical standards that would require under section 408(d) of FFDCA in cranberry, lingonberry, muntries and Agency consideration of voluntary response to a petition submitted to the partridgeberry (PP 6E7163). In the consensus standards pursuant to section Agency. The Office of Management and Federal Register of December 7, 2007 12(d) of the National Technology Budget (OMB) has exempted these types (72 FR 69150) (FRL–8340–6), EPA Transfer and Advancement Act of 1995 of actions from review under Executive issued a final rule that revised the crop (NTTAA), Public Law 104–113, section Order 12866, entitled Regulatory grouping regulations. As part of this 12(d) (15 U.S.C. 272 note). action, EPA expanded and revised Planning and Review (58 FR 51735, berries group 13. Changes to crop group October 4, 1993). Because this rule has VII. Congressional Review Act 13 included adding new commodities, been exempted from review under The Congressional Review Act, 5 revising existing subgroups and creating Executive Order 12866, this rule is not U.S.C. 801 et seq., generally provides subject to Executive Order 13211, new subgroups (including a low that before a rule may take effect, the Actions Concerning Regulations That growing berry subgroup consisting of agency promulgating the rule must Significantly Affect Energy Supply, the commodities requested in PP submit a rule report to each House of Distribution, or Use (66 FR 28355, May 7E7207 and cultivars, varieties, and/or the Congress and to the Comptroller 22, 2001) or Executive Order 13045, hybrids of these). EPA indicated in the General of the United States. EPA will entitled Protection of Children from December 7, 2007 final rule as well as submit a report containing this rule and Environmental Health Risks and Safety the earlier May 23, 2007 proposed rule other required information to the U.S. Risks (62 FR 19885, April 23, 1997). (72 FR 28920) (FRL–8126–1) that, for Senate, the U.S. House of This final rule does not contain any existing petitions for which a Notice of Representatives, and the Comptroller information collections subject to OMB Filing had been published, the Agency General of the United States prior to approval under the Paperwork would attempt to conform these publication of this final rule in the Reduction Act (PRA), 44 U.S.C. 3501 et petitions to the rule. Therefore, Federal Register. This final rule is not seq., nor does it require any special consistent with this rule, EPA is a ‘‘major rule’’ as defined by 5 U.S.C. considerations under Executive Order establishing a tolerance on low growing 804(2). berry subgroup 13-07G. EPA concludes 12898, entitled Federal Actions to it is reasonable to establish the tolerance Address Environmental Justice in List of Subjects in 40 CFR Part 180 on the newly created subgroup, since Minority Populations and Low-Income Environmental protection, the individual commodities for which Populations (59 FR 7629, February 16, Administrative practice and procedure, tolerances were requested are identical 1994). Agricultural commodities, Pesticides Since tolerances and exemptions that to those which comprise low growing and pests, Reporting and recordkeeping are established on the basis of a petition berry subgroup 13-07G. requirements. under section 408(d) of FFDCA, such as V. Conclusion the tolerance in this final rule, do not Dated: March 26, 2008. Therefore, tolerances are established require the issuance of a proposed rule, Daniel C. Kenny, for residues of buprofezin, 2-[(1,1- the requirements of the Regulatory Acting Director, Registration Division, Office dimethylethyl)imino]tetrahydro-3(1- Flexibility Act (RFA) (5 U.S.C. 601 et of Pesticide Programs. methylethyl)-5-phenyl-4H-1,3,5- seq.) do not apply. I thiadiazin-4-one, in or on berry, low This final rule directly regulates Therefore, 40 CFR chapter I is growing , subgroup 13-07G at 2.5 ppm; growers, food processors, food handlers, amended as follows: lettuce, head at 6.0 ppm; okra at 4.0 and food retailers, not States or tribes, PART 180—[AMENDED] ppm; olive at 3.5 ppm; olive, oil at 4.8 nor does this action alter the ppm; pepper, nonbell at 4.0 ppm; relationships or distribution of power I 1. The authority citation for part 180 radicchio at 6.0 ppm; vegetable, fruiting, and responsibilities established by continues to read as follows:

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Authority: 21 U.S.C. 321(q), 346a and 371. Commodity Parts per million Officer of each community. The I 2. Section 180.511 is amended by respective addresses are listed in the revising paragraph (a) to read as follows: Pistachio ...... 0.05 table below. Pulasan ...... 0.30 FOR FURTHER INFORMATION CONTACT: § 180.511 Buprofezin; tolerances for Radicchio ...... 6.0 residues. Rambutan ...... 0.30 William R. Blanton, Jr., Engineering (a) General. Tolerances are Sapodilla ...... 0.90 Management Branch, Mitigation established for residues of buprofezin, Sapote, black ...... 0.90 Directorate, Federal Emergency 2-[(1,1-dimethylethyl)imino]tetrahydro- Sapote, mamey ...... 0.90 Management Agency, 500 C Street, SW., 3(1-methylethyl)-5-phenyl-4H-1,3,5- Sheep, fat ...... 0.05 Washington, DC 20472, (202) 646–3151. Sheep, kidney ...... 0.05 SUPPLEMENTARY INFORMATION: thiadiazin-4-one, in or on the following Sheep, liver ...... 0.05 The food commodities: Sheep, meat ...... 0.05 Federal Emergency Management Agency Sheep, meat byproducts 0.05 (FEMA) makes the final determinations Commodity Parts per million Soursop ...... 0.30 listed below for the modified BFEs for Spanish lime ...... 0.30 each community listed. These modified Acerola ...... 0.30 Star apple ...... 0.90 elevations have been published in Almond ...... 0.05 Starfruit ...... 0.30 newspapers of local circulation and Almond, hulls ...... 2.0 Sugar apple ...... 0.30 Apricot ...... 9.0 ninety (90) days have elapsed since that Vegetable, cucurbit, publication. The Assistant Atemoya ...... 0.30 group 9 ...... 0.50 Avocado ...... 0.30 Vegetable, fruiting, group Administrator of the Mitigation Banana ...... 0.20 8, except nonbell pep- Directorate has resolved any appeals Bean, snap, succulent .... 0.02 per ...... 1.3 resulting from this notification. Berry, low growing, sub- Vegetable, leafy, except This final rule is issued in accordance group 13-07G ...... 2.5 Brassica, group 4, ex- with section 110 of the Flood Disaster Birida ...... 0.30 cept head lettuce and Protection Act of 1973, 42 U.S.C. 4104, Canistel ...... 0.90 radicchio ...... 35 Cattle, fat ...... 0.05 and 44 CFR part 67. FEMA has Wax jambu ...... 0.30 Cattle, kidney ...... 0.05 developed criteria for flood plain Cattle, liver ...... 0.05 management in floodprone areas in Cattle, meat ...... 0.05 * * * * * accordance with 44 CFR part 60. Cattle, meat byproducts 0.05 [FR Doc. E8–7043 Filed 4–8–08; 8:45 am] Interested lessees and owners of real Cherimoya ...... 0.30 BILLING CODE 6560–50–S property are encouraged to review the Citrus, dried pulp ...... 7.5 Citrus, oil ...... 80 proof Flood Insurance Study and FIRM Cotton, gin byproducts ... 20.0 available at the address cited below for Cotton, undelinted seed 0.35 DEPARTMENT OF HOMELAND each community. Custard apple ...... 0.30 SECURITY The BFEs and modified BFEs are Feijoa ...... 0.30 made final in the communities listed Federal Emergency Management Fruit, citrus, group 10 ..... 2.5 below. Elevations at selected locations Agency Fruit, pome, group 11 ..... 4.0 in each community are shown. Fruit, stone, group 12, National Environmental Policy Act. except apricot and 44 CFR Part 67 peach ...... 1.9 This final rule is categorically excluded Goat, fat ...... 0.05 Final Flood Elevation Determinations from the requirements of 44 CFR part Goat, kidney ...... 0.05 10, Environmental Consideration. An Goat, liver ...... 0.05 AGENCY: Federal Emergency environmental impact assessment has Goat, meat ...... 0.05 Management Agency, DHS. not been prepared. Goat, meat byproducts ... 0.05 ACTION: Final rule. Regulatory Flexibility Act. As flood Grape ...... 2.5 elevation determinations are not within Guave ...... 0.30 SUMMARY: Base (1% annual chance) the scope of the Regulatory Flexibility Hog, fat ...... 0.05 Flood Elevations (BFEs) and modified Hog, kidney ...... 0.05 Act, 5 U.S.C. 601–612, a regulatory BFEs are made final for the flexibility analysis is not required. Hog, liver ...... 0.05 communities listed below. The BFEs Hog, meat ...... 0.05 Regulatory Classification. This final and modified BFEs are the basis for the Hog, meat byproducts .... 0.05 rule is not a significant regulatory action Horse, fat ...... 0.05 flood plain management measures that under the criteria of section 3(f) of Horse, kidney ...... 0.05 each community is required either to Executive Order 12866 of September 30, Horse, liver ...... 0.05 adopt or to show evidence of being 1993, Regulatory Planning and Review, Horse, meat ...... 0.05 already in effect in order to qualify or 58 FR 51735. Horse, meat byproducts 0.05 remain qualified for participation in the Executive Order 13132, Federalism. Llama ...... 0.30 National Flood Insurance Program This final rule involves no policies that Jaboticaba ...... 0.30 (NFIP). Lettuce, head ...... 6.0 have federalism implications under Loganberry ...... 0.30 DATES: The date of issuance of the Flood Executive Order 13132. Lychee ...... 0.30 Insurance Rate Map (FIRM) showing Executive Order 12988, Civil Justice Mango ...... 0.90 BFEs and modified BFEs for each Reform. This final rule meets the Milk ...... 0.01 community. This date may be obtained applicable standards of Executive Order Okra ...... 4.0 by contacting the office where the maps 12988. Olive ...... 3.5 are available for inspection as indicated Olive, oil ...... 4.8 on the table below. List of Subjects in 44 CFR Part 67 Papaya ...... 0.90 Passionfruit ...... 0.30 ADDRESSES: The final BFEs for each Administrative practice and Peach ...... 9.0 community are available for inspection procedure, Flood insurance, Reporting Pepper, nonbell ...... 4.0 at the office of the Chief Executive and recordkeeping requirements.

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I Accordingly, 44 CFR part 67 is Authority: 42 U.S.C. 4001 et seq.; § 67.11 [Amended] amended as follows: Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, I 2. The tables published under the PART 67—[AMENDED] 3 CFR, 1979 Comp., p. 376. authority of § 67.11 are amended as follows: I 1. The authority citation for part 67 continues to read as follows:

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

Christian County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–7726

Little River ...... Approximately 250 feet upstream of Huffman Mill Road ...... +495 Christian County (Unin- corporated Areas). At confluence with North Fork Little River and South Fork Lit- +505 tle River. Montgomery Branch ...... Approximately 1,000 feet upstream of Louisville and Nash- +559 City of Hopkinsville, ville Railroad. Pembroke, Christian County (Unincor- porated Areas). Approximately 1,500 feet downstream of Frank Yost Lane .... +592 North Fork Little River ...... At confluence with Little River and South Fork Little River ..... +505 City of Hopkinsville, Christian County (Un- incorporated Areas). Approximately 1,000 feet upstream of Edward T. Breathitt +535 Parkway. Rock Bridge Branch ...... At confluence with South Fork Little River ...... +507 City of Hopkinsville, Christian County (Un- incorporated Areas). Approximately 3,600 feet upstream of Bradshaw Road ...... +572 Sanderson Creek ...... At confluence with North Fork Little River ...... +525 City of Hopkinsville, Christian County (Un- incorporated Areas). Approximately 2,200 feet upstream of KY–1682 ...... +553 Sinkhole 1 ...... Flooding Due to Sinkhole ...... +552 City of Oak Grove. Sinkhole 10 ...... Flooding Due to Sinkhole ...... +548 City of Oak Grove. Sinkhole 10A ...... Flooding Due to Sinkhole ...... +545 City of Hopkinsville. Sinkhole 11 ...... Flooding Due to Sinkhole ...... +548 City of Oak Grove. Sinkhole 11A ...... Flooding Due to Sinkhole ...... +548 City of Hopkinsville. Sinkhole 12 ...... Flooding Due to Sinkhole ...... +545 City of Oak Grove. Flooding Due to Sinkhole ...... +545 Sinkhole 12A ...... Flooding Due to Sinkhole ...... +540 City of Hopkinsville. Sinkhole 13 ...... Flooding Due to Sinkhole ...... +544 City of Oak Grove. Sinkhole 13A ...... Flooding Due to Sinkhole ...... +535 City of Hopkinsville. Sinkhole 14 ...... Flooding Due to Sinkhole ...... +546 City of Oak Grove. Sinkhole 14A ...... Flooding Due to Sinkhole ...... +539 City of Hopkinsville. Sinkhole 15 ...... Flooding Due to Sinkhole ...... +546 City of Oak Grove. Sinkhole 15A ...... Flooding Due to Sinkhole ...... +544 City of Hopkinsville. Sinkhole 16 ...... Flooding Due to Sinkhole ...... +544 City of Oak Grove. Sinkhole 16A ...... Flooding Due to Sinkhole ...... +555 City of Hopkinsville. Sinkhole 17 ...... Flooding Due to Sinkhole ...... +542 City of Oak Grove. Sinkhole 18 ...... Flooding Due to Sinkhole ...... +540 City of Oak Grove. Sinkhole 18A ...... Flooding Due to Sinkhole ...... +523 City of Hopkinsville. Sinkhole 19 ...... Flooding Due to Sinkhole ...... +535 City of Oak Grove. Sinkhole 19A ...... Flooding Due to Sinkhole ...... +519 City of Hopkinsville. Sinkhole 1A ...... Flooding Due to Sinkhole ...... +568 Christian County (Unin- corporated Areas). Sinkhole 2 ...... Flooding Due to Sinkhole ...... +546 City of Oak Grove. Sinkhole 20 ...... Flooding Due to Sinkhole ...... +539 City of Oak Grove. Sinkhole 20A ...... Flooding Due to Sinkhole ...... +522 City of Hopkinsville. Sinkhole 21 ...... Flooding Due to Sinkhole ...... +534 City of Oak Grove. Sinkhole 21A ...... Flooding Due to Sinkhole ...... +537 Christian County (Unin- corporated Areas). Sinkhole 22 ...... Flooding Due to Sinkhole ...... +533 City of Oak Grove. Sinkhole 22A ...... Flooding Due to Sinkhole ...... +534 Christian County (Unin- corporated Areas). Sinkhole 23 ...... Flooding Due to Sinkhole ...... +540 City of Oak Grove. Sinkhole 24 ...... Flooding Due to Sinkhole ...... +558 City of Oak Grove. Sinkhole 25 ...... Flooding Due to Sinkhole ...... +549 City of Oak Grove. Sinkhole 26 ...... Flooding Due to Sinkhole ...... +561 City of Oak Grove. Flooding Due to Sinkhole ...... +561

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

Sinkhole 27 ...... Flooding Due to Sinkhole ...... +552 City of Oak Grove. Sinkhole 28 ...... Flooding Due to Sinkhole ...... +552 City of Oak Grove. Sinkhole 29 ...... Flooding Due to Sinkhole ...... +552 City of Oak Grove. Sinkhole 2A ...... Flooding Due to Sinkhole ...... +556 Christian County (Unin- corporated Areas). Sinkhole 3 ...... Flooding Due to Sinkhole ...... +543 City of Oak Grove. Sinkhole 30 ...... Flooding Due to Sinkhole ...... +551 City of Oak Grove. Sinkhole 31 ...... Flooding Due to Sinkhole ...... +550 City of Oak Grove. Sinkhole 32 ...... Flooding Due to Sinkhole ...... +553 City of Oak Grove. Sinkhole 33 ...... Flooding Due to Sinkhole ...... +554 City of Oak Grove. Sinkhole 34 ...... Flooding Due to Sinkhole ...... +557 City of Oak Grove. Sinkhole 35 ...... Flooding Due to Sinkhole ...... +554 City of Oak Grove. Sinkhole 36 ...... Flooding Due to Sinkhole ...... +547 City of Oak Grove. Sinkhole 37 ...... Flooding Due to Sinkhole ...... +542 City of Oak Grove. Sinkhole 38 ...... Flooding Due to Sinkhole ...... +552 City of Oak Grove. Sinkhole 39 ...... Flooding Due to Sinkhole ...... +542 City of Oak Grove. Sinkhole 3A ...... Flooding Due to Sinkhole ...... +530 Christian County (Unin- corporated Areas). Sinkhole 4 ...... Flooding Due to Sinkhole ...... +548 City of Oak Grove. Sinkhole 40 ...... Flooding Due to Sinkhole ...... +542 City of Oak Grove. Sinkhole 41 ...... Flooding Due to Sinkhole ...... +552 City of Oak Grove. Sinkhole 42 ...... Flooding Due to Sinkhole ...... +549 City of Oak Grove. Sinkhole 43 ...... Flooding Due to Sinkhole ...... +546 City of Oak Grove, Christian County (Un- incorporated Areas). Sinkhole 44 ...... Flooding Due to Sinkhole ...... +560 City of Oak Grove. Sinkhole 45 ...... Flooding Due to Sinkhole ...... +564 City of Oak Grove. Sinkhole 46 ...... Flooding Due to Sinkhole ...... +563 City of Oak Grove. Sinkhole 47 ...... Flooding Due to Sinkhole ...... +541 City of Oak Grove. Sinkhole 48 ...... Flooding Due to Sinkhole ...... +556 City of Oak Grove. Sinkhole 49 ...... Flooding Due to Sinkhole ...... +560 City of Oak Grove. Sinkhole 4A ...... Flooding Due to Sinkhole ...... +537 Christian County (Unin- corporated Areas). Sinkhole 5 ...... Flooding Due to Sinkhole ...... +543 City of Oak Grove. Sinkhole 50 ...... Flooding Due to Sinkhole ...... +558 City of Oak Grove. Sinkhole 51 ...... Flooding Due to Sinkhole ...... +560 City of Oak Grove. Sinkhole 52 ...... Flooding Due to Sinkhole ...... +567 City of Oak Grove. Sinkhole 53 ...... Flooding Due to Sinkhole ...... +569 City of Oak Grove. Sinkhole 54 ...... Flooding Due to Sinkhole ...... +569 City of Oak Grove. Sinkhole 55 ...... Flooding Due to Sinkhole ...... +568 City of Oak Grove. Sinkhole 56 ...... Flooding Due to Sinkhole ...... +530 City of Oak Grove. Sinkhole 57 ...... Flooding Due to Sinkhole ...... +532 City of Oak Grove. Sinkhole 58 ...... Flooding Due to Sinkhole ...... +549 City of Oak Grove. Sinkhole 59 ...... Flooding Due to Sinkhole ...... +567 City of Oak Grove. Sinkhole 5A ...... Flooding Due to Sinkhole ...... +542 Christian County (Unin- corporated Areas). Sinkhole 6 ...... Flooding Due to Sinkhole ...... +549 City of Oak Grove. Sinkhole 60 ...... Flooding Due to Sinkhole ...... +558 City of Oak Grove. Sinkhole 61 ...... Flooding Due to Sinkhole ...... +584 City of Oak Grove. Sinkhole 62 ...... Flooding Due to Sinkhole ...... +590 City of Oak Grove. Sinkhole 66 ...... Flooding Due to Sinkhole ...... +501 City of Oak Grove, Christian County (Un- incorporated Areas). Sinkhole 67 ...... Flooding Due to Sinkhole ...... +507 City of Oak Grove, Christian County (Un- incorporated Areas). Sinkhole 68 ...... Flooding Due to Sinkhole ...... +504 City of Oak Grove, Christian County (Un- incorporated Areas). Sinkhole 69 ...... Flooding Due to Sinkhole ...... +509 City of Oak Grove. Sinkhole 6A ...... Flooding Due to Sinkhole ...... +557 Christian County (Unin- corporated Areas), City of Hopkinsville. Sinkhole 7 ...... Flooding Due to Sinkhole ...... +554 City of Oak Grove. Flooding Due to Sinkhole ...... +554 Sinkhole 70 ...... Flooding Due to Sinkhole ...... +512 City of Oak Grove. Sinkhole 73 ...... Flooding Due to Sinkhole ...... +568 City of Oak Grove. Sinkhole 74 ...... Flooding Due to Sinkhole ...... +580 City of Oak Grove. Sinkhole 75 ...... Flooding Due to Sinkhole ...... +577 City of Oak Grove.

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

Sinkhole 76 ...... Flooding Due to Sinkhole ...... +544 City of Oak Grove. Sinkhole 77 ...... Flooding Due to Sinkhole ...... +537 City of Oak Grove. Sinkhole 78 ...... Flooding Due to Sinkhole ...... +560 Christian County (Unin- corporated Areas). Sinkhole 79 ...... Flooding Due to Sinkhole ...... +577 Christian County (Unin- corporated Areas). Sinkhole 7A ...... Flooding Due to Sinkhole ...... +563 Christian County (Unin- corporated Areas). Sinkhole 8 ...... Flooding Due to Sinkhole ...... +553 City of Oak Grove. Sinkhole 80 ...... Flooding Due to Sinkhole ...... +555 City of Oak Grove. Sinkhole 81 ...... Flooding Due to Sinkhole ...... +526 Christian County (Unin- corporated Areas). Sinkhole 82 ...... Flooding Due to Sinkhole ...... +474 City of Oak Grove, Christian County (Un- incorporated Areas). Sinkhole 83 ...... Flooding Due to Sinkhole ...... +533 City of Oak Grove. Sinkhole 84 ...... Flooding Due to Sinkhole ...... +536 City of Oak Grove. Sinkhole 85 ...... Flooding Due to Sinkhole ...... +537 City of Oak Grove. Sinkhole 86 ...... Flooding Due to Sinkhole ...... +538 City of Oak Grove. Sinkhole 87 ...... Flooding Due to Sinkhole ...... +534 City of Oak Grove. Sinkhole 88 ...... Flooding Due to Sinkhole ...... +543 City of Oak Grove. Sinkhole 89 ...... Flooding Due to Sinkhole ...... +541 City of Oak Grove. Sinkhole 8A ...... Flooding Due to Sinkhole ...... +563 City of Oak Grove. Sinkhole 9 ...... Flooding Due to Sinkhole ...... +547 City of Oak Grove. Sinkhole 90 ...... Flooding Due to Sinkhole ...... +539 City of Oak Grove. Sinkhole 91 ...... Flooding Due to Sinkhole ...... +543 City of Oak Grove. Sinkhole 92 ...... Flooding Due to Sinkhole ...... +544 City of Oak Grove. Sinkhole 93 ...... Flooding Due to Sinkhole ...... +541 City of Oak Grove. Sinkhole 94 ...... Flooding Due to Sinkhole ...... +547 City of Oak Grove. Sinkhole 95 ...... Flooding Due to Sinkhole ...... +541 City of Oak Grove. Sinkhole 96 ...... Flooding Due to Sinkhole ...... +550 City of Oak Grove. Sinkhole 9A ...... Flooding Due to Sinkhole ...... +537 City of Hopkinsville. Sinkhole I–24 ...... Flooding Due to Sinkhole ...... +561 City of Oak Grove, Christian County (Un- incorporated Areas). Sinkhole Main Sink ...... Flooding Due to Sinkhole ...... +529 City of Oak Grove, Christian County (Un- incorporated Areas). Sinkhole NF ...... Flooding Due to Sinkhole ...... +522 City of Hopkinsville. Sinkhole North West ...... Flooding Due to Sinkhole ...... +569 City of Oak Grove. Sinkhole South West ...... Flooding Due to Sinkhole ...... +530 City of Oak Grove, Christian County (Un- incorporated Areas). South Fork Little River ...... At confluence with Little River and North Fork Little River ..... +505 City of Hopkinsville, Christian County (Un- incorporated Areas). Approximately 680 feet downstream of Dr. Martin Luther King +541 Jr. Way. South Fork Little River Tributary Approximately 150 feet downstream of Dr. Martin Luther King +537 City of Hopkinsville, Jr. Way. Christian County (Un- incorporated Areas). Approximately 780 feet upstream of Harry Berry Lane ...... +557 White Creek ...... At confluence with Little River and North Fork Little River ..... +533 City of Hopkinsville, Christian County (Un- incorporated Areas). Approximately 170 feet upstream of Madisonville Road ...... +540

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Hopkinsville Maps are available for inspection at 101 North Main Street, Hopkinsville, KY 42240. City of Oak Grove Maps are available for inspection at 8505 Pembroke Oak Grove Road, Oak Grove, KY 42262. City of Pembroke Maps are available for inspection at 101 North Main Street, Hopkinsville, KY 42240. Christian County (Unincorporated Areas)

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

Maps are available for inspection at 101 North Main Street, Hopkinsville, KY 42240.

Lexington-Fayette Urban County Government, Kentucky, and Incorporated Areas Docket No.: FEMA–D–7822

Bowman Mill Tributary ...... At the confluence with South Elkhorn Creek ...... +890 Lexington-Fayette Urban County Government. Approximately 920 feet upstream of Palomar Boulevard ...... +940 Bryant Tributary ...... At the confluence with North Elkhorn Creek ...... +943 Lexington-Fayette Urban County Government. Approximately 2,200 feet upstream of Polo Club Boulevard .. +985 Cave Hill Tributary ...... At the confluence with Bowman Mill Tributary ...... +907 Lexington-Fayette Urban County Government. Approximately 2,780 feet upstream of the confluence with +954 Bowman Mill Tributary. Southpoint Tributary ...... At the confluence with West Hickman Creek ...... +890 Lexington-Fayette Urban County Government. Approximately 2,800 feet upstream of Southpoint Drive ...... +947 Wolf Run ...... Approximately 280 feet upstream of Beacon Hill Tributary ..... +922 Lexington-Fayette Urban County Government. At Nicholasville Road ...... +990

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Lexington-Fayette Urban County Government Maps are available for inspection at Division of Planning, Current Planning Section, 101 East Vine Street, Lexington, KY 40507.

Livingston County, Michigan, and Incorporated Areas Docket No.: FEMA–B–7726

Bogue Creek ...... Approximately 1,200 feet upstream of confluence of South +842 Township of Cohoctah, Branch Shiawassee River. Township of Howell, Township of Oceola. Approximately 2 miles upstream of Curdy Road ...... +885 Conway Drain No. 1 ...... Downstream side of W Allen Road ...... +880 Township of Conway. Upstream side of Sherwood Road ...... +885 Fonda Lake ...... Entire shoreline of Fonda Lake ...... +898 Township of Brighton. Halfmoon Lake ...... Entire shoreline of Halfmoon Lake ...... +885 Township of Unadilla. Handy Drain No. 5 ...... Approximately 1,600 feet upstream of Converse Road ...... +880 Township of Handy. Approximately 90 feet downstream side of I–96 (East Bound) +893 Handy Iosco Drain No. 1 ...... Approximately 1,100 feet downstream of Layton Road ...... +888 Township of Handy, Township of Howell, Township of Iosco. Upstream side of Mason Road ...... +907 Island Lake ...... Entire shoreline of Island Lake ...... +889 Township of Brighton. Marion and Genoa Drain...... Approximately 525 feet upstream of confluence of South +882 Township of Marion, Branch Shiawassee River. City of Howell, Town- ship of Genoa. Approximately 80 feet upstream of Beck Road ...... +913 Middle Branch Red Cedar River Approximately 1,200 feet upstream of the confluence of Red +886 Township of Handy, Cedar River. Township of Iosco. Upstream side of W Coon Lake Road ...... +894 Mirror Lake ...... Entire shoreline of Mirror Lake ...... +901 Township of Green Oak. Patterson Lake ...... Entire shoreline of Patterson Lake ...... +886 Township of Unadilla. Portage Lake ...... Entire shoreline of Portage Lake ...... +852 Township of Hamburg. Red Cedar River ...... Approximately 150 feet downstream of N Nicholson Road ..... +880 Township of Conway, Township of Handy, Township of Howell, Township of Marion, Village of Fowlerville. Approximately 90 feet upstream of W Coon Lake Road ...... +934 South Branch Shiawassee River Approximately 280 feet downstream of Oak Grove Road ...... +850 Township of Cohoctah, Township of Howell. Approximately 0.7 mile downstream of Bowen Road ...... +864 Thompson Lake ...... Entire shoreline of Thompson Lake ...... +907 Township of Oceola. Tributary to North Ore Creek ...... Approximately 1,400 feet upstream of Clyde Road ...... +911 Township of Hartland, Township of Oceola. Upstream side of N Hacker Road ...... +1002

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

Tributary to Red Cedar River ...... Confluence of Red Cedar River and Tributary to Red Cedar +883 Village of Fowlerville, River. Township of Handy. Approximately 1,650 feet upstream of Pinewood Drive ...... +899 West Branch Red Cedar River ... Approximately 1,100 feet downstream of Renee Court ...... +878 Township of Conway, Township of Handy. Approximately 400 feet downstream of I–96 Westbound ...... +881 Woodland Lake ...... Entire shoreline of Woodland Lake ...... +936 Township of Brighton.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Brighton Maps are available for inspection at 200 N. First Street, Brighton, MI 48116. Township of Cohoctah Maps are available for inspection at 10518 Antcliff Road, Fowlerville, MI 48836. Township of Conway Maps are available for inspection at 8015 N. Fowlerville Road, Fowlerville, MI 48836. Township of Deerfield Maps are available for inspection at 4492 Center Road, Linden, MI 48451. Township of Genoa Maps are available for inspection at 2911 Dorr Road, Brighton, MI 48116. Township of Green Oak Maps are available for inspection at 1001 Silver Lake Road, Brighton, MI 48116–8361. Township of Hamburg Maps are available for inspection at 10405 Merrill Road, Whitmore Lake, MI 48189. Township of Handy Maps are available for inspection at 136 N. Grand Avenue, Fowlerville, MI 48836. Township of Hartland Maps are available for inspection at 3191 Hartland Road, Hartland, MI 48353. Township of Howell Maps are available for inspection at 3525 Byron Road, Howell, MI 48855. Township of Iosco Maps are available for inspection at 2050 Bradley Road, Webberville, MI 48892. Township of Marion Maps are available for inspection at 2877 W. Coon Lake Road, Howell, MI 48843. Township of Oceola Maps are available for inspection at 1577 N. Latson Road, Howell, MI 48843. Township of Putnam Maps are available for inspection at 131 S. Howell Street, Pinckney, MI 48169. Township of Tyrone Maps are available for inspection at 10408 Center Road, Fenton, MI 48430. Township of Unadilla Maps are available for inspection at 126 Webb Street, Gregory, MI 48137. Village of Fowlerville Maps are available for inspection at 213 S. Grand Avenue, Fowlerville, MI 48836. Village of Pinckney Maps are available for inspection at 220 S. Howell Street, Pinckney, MI 48169.

Davie County, North Carolina and Incorporated Areas Docket No.: FEMA–D–7812

Baxter Creek ...... At the confluence with Bear Creek ...... +680 Unincorporated Areas of Davie County. Approximately 1.1 miles upstream of the confluence with +692 Bear Creek. Bear Creek ...... At the confluence with South Yadkin River ...... +671 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 310 feet downstream of Duke Whittaker Road +811 (State Road 1316).

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

Bear Creek Tributary 1 ...... At the confluence with Bear Creek ...... +688 Unincorporated Areas of Davie County. Approximately 580 feet upstream of Railroad ...... +698 Bear Creek Tributary 2 ...... At the confluence with Bear Creek ...... +700 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 740 feet upstream of South Davie Drive ...... +769 Bear Creek Tributary 3 ...... At the confluence with Bear Creek ...... +708 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 860 feet upstream of Valley Road ...... +763 Bear Creek Tributary 3A ...... At the confluence with Bear Creek Tributary 3 ...... +714 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 0.5 mile upstream of the confluence of Bear +743 Creek Tributary 3. Bear Creek Tributary 4 ...... At the confluence with Bear Creek ...... +711 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 240 feet upstream of U.S. 64 Highway W ...... +735 Bear Creek Tributary 5 ...... At the confluence with Bear Creek ...... +767 Unincorporated Areas of Davie County. Approximately 410 feet upstream of Ralph Ratledge Road +776 (State Road 1312). Beaver Creek ...... At the confluence with Hunting Creek ...... +702 Unincorporated Areas of Davie County. Approximately 90 feet downstream of Castle Lane ...... +731 Beaver Creek Tributary 1 ...... At the confluence with Beaver Creek ...... +703 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of U.S. 64 Highway W ...... +738 Becks Spring Branch ...... At the confluence with Dutchman Creek ...... +699 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of Eatons Church Road +726 (State Road 1415). Bryant Branch ...... At the confluence with Dutchman Creek ...... +690 Unincorporated Areas of Davie County. Approximately 120 feet upstream of Lutz Lane ...... +715 Buffalo Creek ...... At the confluence with Dutchman Creek ...... +669 Unincorporated Areas of Davie County. Approximately 1.2 miles upstream of Milling Road ...... +690 Cain Mill Branch ...... At the confluence with Steelman Creek ...... +795 Unincorporated Areas of Davie County. At the Davie/Yadkin County boundary ...... +795 Carter Creek ...... At the confluence with Yadkin River ...... +692 Unincorporated Areas of Davie County. At NC 801 ...... +699 Carter Creek Tributary ...... At the confluence with Carter Creek ...... +692 Unincorporated Areas of Davie County. Approximately 0.7 mile upstream of the confluence with +698 Carter Creek. Cedar Creek ...... At the confluence with Dutchman Creek ...... +673 Unincorporated Areas of Davie County. Approximately 2.4 miles upstream of Wyo Road (State Road +784 1430). Chinquapin Creek ...... At the confluence with Dutchman Creek ...... +729 Unincorporated Areas of Davie County. At the Davie/Yadkin County boundary ...... +788 Cody Creek ...... The confluence with the Yadkin River ...... +658 Unincorporated Areas of Davie County. Approximately 0.5 mile upstream of NC 801 ...... +709 Cub Creek ...... At the confluence with Cedar Creek ...... +674 Unincorporated Areas of Davie County. Approximately 1.0 mile upstream of the confluence with +687 Cedar Creek. Dry Branch ...... At the confluence with Dutchman Creek ...... +737 Unincorporated Areas of Davie County. Approximately 0.7 mile upstream of Chinquapin Road ...... +781

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

Dutchman Creek ...... At the confluence with the Yadkin River ...... +661 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of Amber Hill Road (State +811 Road 1325). Dutchman Creek Tributary 2 ...... At the confluence with Dutchman Creek ...... +661 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of NC 801 ...... +681 Dutchman Creek Tributary 3 ...... At the confluence with Dutchman Creek ...... +661 Unincorporated Areas of Davie County. Approximately 1.2 miles upstream of Frank Short Road ...... +705 Dutchman Creek Tributary 4 ...... At the confluence with Dutchman Creek ...... +683 Unincorporated Areas of Davie County. Approximately 640 feet upstream of Woodward Road (State +695 Road 1407). Dutchman Creek Tributary 5 ...... At the confluence with Dutchman Creek ...... +776 Unincorporated Areas of Davie County. Approximately 1.0 mile upstream of Ben Anderson Road +800 (State Road 1321). Dutchman Creek Tributary 6 ...... At the confluence with Dutchman Creek ...... +784 Unincorporated Areas of Davie County. Approximately 300 feet upstream of Davie/Iredell County +822 boundary. Elisha Creek ...... At the confluence with Dutchman Creek ...... +667 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 1,560 feet upstream of the confluence of Eli- +712 sha Creek Tributary. Elisha Creek Tributary ...... At the confluence with Elisha Creek ...... +706 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 0.8 mile upstream of the confluence with Eli- +719 sha Creek. Elsworth Creek ...... At the confluence with Dutchman Creek ...... +664 Unincorporated Areas of Davie County. Approximately 1.2 miles upstream of Williams Road (State +699 Road 1610). Frost Mill Creek ...... At the confluence with Dutchman Creek ...... +688 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of Cana Road (State Road +744 1408). Fulton Creek ...... At the confluence with the Yadkin River ...... +677 Unincorporated Areas of Davie County. Approximately 1,080 feet upstream of Markland Road (State +714 Road 1618). Greasy Creek ...... At the confluence with Dutchman Creek ...... +699 Unincorporated Areas of Davie County. Approximately 2.0 miles upstream of Eatons Church Road +757 (State Road 1415). Hauser Creek ...... Approximately 100 feet downstream of the Davie/Yadkin +711 Unincorporated Areas of County boundary. Davie County. Approximately 0.7 mile upstream of Spillman Road (State +725 Road 1458). Howard Branch ...... At the confluence with Dutchman Creek ...... +730 Unincorporated Areas of Davie County. Approximately 1.3 miles upstream of Jack Booe Road (State +772 Road 1330). Humpy Creek ...... At the confluence with Dutchman Creek ...... +661 Unincorporated Areas of Davie County. Approximately 680 feet upstream of Riverview Road (State +686 Road 1814). Hunting Creek ...... At the confluence with South Yadkin River ...... +674 Unincorporated Areas of Davie County. At the Davie/Iredell County boundary ...... +724 Hunting Creek Tributary 1 ...... At the confluence with Hunting Creek ...... +690 Unincorporated Areas of Davie County. Approximately 140 feet downstream of Godbey Road (State +707 Road 1150).

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

Hunting Creek Tributary 1A ...... At the confluence with Hunting Creek Tributary 1 ...... +690 Unincorporated Areas of Davie County. Approximately 1,420 feet upstream of I–40 Highway W ...... +701 Hunting Creek Tributary 2 ...... At the confluence with Hunting Creek ...... +715 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of County Line Road (State +752 Road 1338). Hunting Creek Tributary 3 ...... At the confluence with Hunting Creek ...... +719 Unincorporated Areas of Davie County. Approximately 0.8 mile upstream of the confluence with +731 Hunting Creek. Leonard Creek ...... At the confluence with Dutchman Creek ...... +666 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 1,610 feet upstream of the confluence of +698 Leonard Creek Tributary 1. Leonard Creek Tributary 1 ...... At the confluence with Leonard Creek ...... +689 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 500 feet upstream of the confluence of Leon- +739 ard Creek Tributary 1B. Leonard Creek Tributary 1A ...... At the confluence with Leonard Creek Tributary 1 ...... +701 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 0.8 mile upstream of the confluence with +725 Leonard Creek Tributary 1. Little Bear Creek ...... At the confluence with Bear Creek ...... +739 Unincorporated Areas of Davie County. Approximately 700 feet downstream of Black Welder Road +798 (State Road 1309). Little Creek (North) ...... At the confluence with South Yadkin River ...... +682 Unincorporated Areas of Davie County. Approximately 100 feet upstream of the Davie/Iredell County +799 boundary. Little Creek Tributary 1 ...... At the confluence with Little Creek (North) ...... +750 Unincorporated Areas of Davie County. Approximately 640 feet upstream of Crescent Drive (State +760 Road 1157). Nelson Creek ...... At the confluence with Elisha Creek ...... +693 Unincorporated Areas of Davie County, Town of Mocksville. Approximately 0.5 mile upstream of the confluence of Nelson +740 Creek Tributary 1. Nelson Creek Tributary 1 ...... At the confluence with Nelson Creek ...... +723 Town of Mocksville. Approximately 660 feet upstream of Park Avenue ...... +758 Nelson Creek Tributary 1A ...... At the confluence with Nelson Creek Tributary 1 ...... +726 Town of Mocksville. Approximately 1,260 feet upstream of the confluence with +752 Nelson Creek Tributary 1. No Creek ...... At the confluence with Dutchman Creek ...... +661 Unincorporated Areas of Davie County. Approximately 0.5 mile upstream of U.S. Highway 64 ...... +689 Noland Creek ...... At the confluence with Dutchman Creek ...... +675 Unincorporated Areas of Davie County. Approximately 1,430 feet upstream of McClamrock Road +687 (State Road 1640). Noland Creek Tributary 1 ...... At the confluence with Noland Creek ...... +676 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of McClamrock Road ...... +695 Peeler Creek ...... At the confluence with Cody Creek ...... +658 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of Will Boone Road (State +696 Road 1802). Peoples Creek ...... At the confluence with the Yadkin River ...... +684 Unincorporated Areas of Davie County. Approximately 1.5 miles upstream of Palomino Road ...... +770 Reedy Creek ...... At the confluence with the Yadkin River ...... +653 Unincorporated Areas of Davie County.

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

Approximately 400 feet downstream of Cherry Hill Road +671 (State Road 1819). Sheek Creek ...... At the confluence with the Yadkin River ...... +702 Unincorporated Areas of Davie County, Town of Bermuda Run. Approximately 1,640 feet upstream of Double A Trail ...... +722 Smith Creek ...... Approximately 1,000 feet upstream of Kingsmill Drive ...... +700 Unincorporated Areas of Davie County, Town of Bermuda Run. Approximately 1,510 feet upstream of I–40 Highway W ...... +746 South Yadkin River ...... At the confluence with Yadkin River ...... +648 Unincorporated Areas of Davie County, Town of Cooleemee. Approximately 1,100 feet upstream of the Rowan/Davie/ +699 Iredell County boundary. South Yadkin River Tributary 1 ... At the confluence with South Yadkin River ...... +656 Unincorporated Areas of Davie County. Approximately 0.7 mile upstream of the confluence with +669 South Yadkin River. South Yadkin River Tributary 2 ... At the confluence with South Yadkin River ...... +656 Unincorporated Areas of Davie County. Approximately 2,000 feet upstream of the confluence of +656 South Yadkin River Tributary 2B. South Yadkin River Tributary 2A At the confluence with South Yadkin River Tributary 2 ...... +656 Unincorporated Areas of Davie County. Approximately 1,590 feet downstream of Pine Ridge Road +656 (State Road 1103). South Yadkin River Tributary 2B At the confluence with South Yadkin River Tributary 2 ...... +656 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of the confluence with +660 South Yadkin River Tributary 2. South Yadkin River Tributary 3 ... At the confluence with South Yadkin River ...... +690 Unincorporated Areas of Davie County. Approximately 0.6 mile upstream of the confluence with +691 South Yadkin River. South Yadkin River Tributary 4 ... At the confluence with South Yadkin River ...... +693 Unincorporated Areas of Davie County. Approximately 0.5 mile upstream of the confluence with +695 South Yadkin River. Steelman Creek ...... At the confluence with Dutchman Creek ...... +740 Unincorporated Areas of Davie County. Approximately 0.4 mile upstream of the confluence of Cain +795 Mill Branch. Sugar Creek ...... At the confluence with Cedar Creek ...... +681 Unincorporated Areas of Davie County. Approximately 370 feet upstream of Bobbit Road (State +742 Road 1444). Sugar Creek Tributary 1 ...... At the confluence with Sugar Creek ...... +729 Unincorporated Areas of Davie County. Approximately 80 feet downstream of Rainbow Road (State +737 Road 1441). Yadkin River ...... At the Davie/Davidson/Rowan County boundary ...... +648 Unincorporated Areas of Davie County, Town of Bermuda Run. Approximately 1,500 feet upstream of the Forsyth/Davie/ +711 Yadkin County boundary. Yadkin River Tributary 1 ...... At the confluence with the Yadkin River ...... +678 Unincorporated areas of Davie County. Approximately 780 feet upstream of Todd Road (State Road +678 1645). Yadkin River Tributary 3 ...... At the confluence with Yadkin River ...... +695 Town of Bermuda Run. Approximately 450 feet upstream of Bridge Street ...... +703

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Bermuda Run

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

Maps are available for inspection at Bermuda Run Town Hall, 169 Yadkins Valley Road, Suite 100, Advance, North Carolina. Town of Cooleemee Maps are available for inspection at Cooleemee Town Hall, 7766 NC Highway 801 South, Cooleemee, North Carolina 270141. Town of Mocksville Maps are available for inspection at Mocksville Town Hall, 171 Clement Street, Mocksville, North Carolina. Unincorporated Areas of Davie County Maps are available for inspection at Davie County Development Services, 172 Clement Street, Mocksville, North Carolina.

(Catalog of Federal Domestic Assistance No. (72 FR 57104). That final rule contains published in the DATES section. This 97.022, ‘‘Flood Insurance.’’) inadvertent errors concerning the rule clarifies the discussion in the Dated: March 25, 2008. effective dates of the rule in both the October 5, 2007 preamble and corrects David I. Maurstad, preamble and regulatory text. the regulatory text to reflect the correct Federal Insurance Administrator of the This rule provides clarification effective dates for § 229.32. If this rule National Flood Insurance Program, regarding the effective date for the were subject to notice and opportunity Department of Homeland Security, Federal majority of the provisions of the October to comment, the provisions published in Emergency Management Agency. 5, 2007 final rule. The DATES section in the October 5, 2007, final rule would go [FR Doc. E8–6914 Filed 4–8–08; 8:45 am] the preamble and the regulatory text into effect on the incorrect date. In order BILLING CODE 9110–12–P clearly reflect NMFS’ intent for the to avoid confusion with regard to the majority of the provisions in the rule to effective dates of the relevant become effective on April 5, 2008. provisions, the AA waives the However, the discussion in the rulemaking requirements for this rule. DEPARTMENT OF COMMERCE preamble inadvertently referenced an Correction National Oceanic and Atmospheric incorrect date, April 7, 2008, for the The following are corrections to FR Administration majority of the provisions. NMFS is clarifying that the correct effective date Doc. 07–4904, October 5, 2007: 1. On page 57185, in the first column, 50 CFR Part 229 for the majority of the provisions of the ALWTRP rule is April 5, 2008, as in § 229.32(c)(5)(ii)(B), ‘‘October 6, [Docket No. 080103017–8466–02] clearly stated in the DATES section and 2008’’ should read ‘‘October 5, 2008’’. the regulatory text. 2. On page 57185, in the third RIN 0648–AS01 In addition, this rule corrects the column, in § 229.32(c)(6)(ii)(B), effective date for certain paragraphs of ‘‘October 6, 2008’’ should read ‘‘October Taking of Marine Mammals Incidental § 229.32. Due to an inadvertent error, 5, 2008’’. to Commercial Fishing Operations; both the preamble and regulatory text 3. On page 57186, in the first column, Atlantic Large Whale Take Reduction incorrectly indicate that the effective in § 229.32(c)(7)(ii)(C), ‘‘October 6, Plan Regulations; Correction date for those paragraphs is October 6, 2008’’ should read ‘‘October 5, 2008’’. 4. On page 57186, in the second AGENCY: National Marine Fisheries 2008. This rule corrects the preamble column, in § 229.32(c)(8)(ii)(B), Service (NMFS), National Oceanic and and regulatory text of § 229.32 to correct ‘‘October 6, 2008’’ should read ‘‘October Atmospheric Administration (NOAA), this error. The correct effective date for the regulatory text in § 229.32 5, 2008’’. Commerce. 5. On page 57187, in the first column, paragraphs (c)(5)(ii)(B), (c)(6)(ii)(B), ACTION: Final rule; correction. in § 229.32(c)(9)(ii)(B), ‘‘October 6, (c)(7)(ii)(C), (c)(8)(ii)(B), (c)(9)(ii)(B), 2008’’ should read ‘‘October 5, 2008’’. SUMMARY: This document contains a (d)(6)(ii)(D), (d)(7)(ii)(D) and (i)(3), is 6. On page 57189, in the first column, correction to the final rule to amend the October 5, 2008. All other information in § 229.32(d)(6)(ii)(D), ‘‘October 6, regulations implementing the Atlantic remains unchanged and will not be 2008’’ should read ‘‘October 5, 2008’’. Large Whale Take Reduction Plan repeated in this correction. 7. On page 57190, in the first column, (ALWTRP) that was published in the E.O. 12866: This final rule has been in § 229.32(d)(7)(ii)(D), ‘‘October 6, Federal Register, Friday, October 5, determined to be not significant under 2008’’ should read ‘‘October 5, 2008’’. 2007. EO 12866. 8. On page 57193, in the second Administrative Procedure Act: The DATES: This correction is effective column, in § 229.32(i)(3), ‘‘October 6, AA finds good cause under 5 U.S.C. 2008’’ should read ‘‘October 5, 2008’’. October 5, 2008. 553(b)(B) to waive notice and FOR FURTHER INFORMATION CONTACT: opportunity for public comments as it is Authority: 16 U.S.C. 1361 et seq.; Diane Borggaard, NMFS, Northeast unnecessary and contrary to the public § 229.32(f) also issued under 16 U.S.C. 1531 et seq. Region, 978–281–9300 Ext. 6503, interest. In the October 5, 2007, final [email protected]; Kristy Long, rule, the DATES section correctly Dated: April 4, 2008. NMFS, Office of Protected Resources, reflected the intended effective dates of James W. Balsiger, 301–713–2322, [email protected]. certain paragraphs of § 229.32. However, Acting Assistant Administrator for Fisheries, SUPPLEMENTARY INFORMATION: The final due to an inadvertent error, part of the National Marine Fisheries Service. rule that is the subject of this correction preamble and the regulatory text did not [FR Doc. 08–1116 Filed 4–4–08; 2:17 pm] was published Friday, October 5, 2007 reflect the same effective dates as BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE determined that the A season allowance DEPARTMENT OF COMMERCE of the 2008 Atka mackerel TAC National Oceanic and Atmospheric allocated to vessels participating in the National Oceanic and Atmospheric Administration Amendment 80 limited access fishery in Administration the Western Aleutian District of the 50 CFR Part 679 BSAI will soon be reached. Therefore, 50 CFR Part 679 [Docket No. 071106673–8011–02] the Regional Administrator is [Docket No. 071106673–8011–02] establishing a directed fishing RIN 0648–XH07 allowance of 4,629 mt and is setting RIN 0648–XH03 aside the remaining 20 mt as incidental Fisheries of the Exclusive Economic Fisheries of the Exclusive Economic catch to support other groundfish Zone Off Alaska; Atka Mackerel by Zone Off Alaska; Pacific Cod by fisheries. In accordance with Vessels in the Amendment 80 Limited Catcher Vessels Using Trawl Gear in § 679.20(d)(1)(iii), the Regional Access Fishery in the Western the Bering Sea and Aleutian Islands Administrator finds that this directed Aleutian District of the Bering Sea and Management Area fishing allowance has been reached. Aleutian Islands Management Area Consequently, NMFS is prohibiting AGENCY: National Marine Fisheries AGENCY: National Marine Fisheries directed fishing for Atka mackerel by Service (NMFS), National Oceanic and Service (NMFS), National Oceanic and vessels participating in the Amendment Atmospheric Administration (NOAA), Atmospheric Administration (NOAA), 80 limited access fishery in the Western Commerce. Commerce. Aleutian District of the BSAI. ACTION: Temporary rule; closure. ACTION: Temporary rule; closure. After the effective date of this closure the maximum retainable amounts at SUMMARY: NMFS is prohibiting directed SUMMARY: NMFS is prohibiting directed § 679.20(e) and (f) apply at any time fishing for Pacific cod by trawl catcher fishing for Atka mackerel for vessels during a trip. vessels in the Bering Sea and Aleutian participating in the Amendment 80 Islands management area (BSAI). This limited access fishery in the Western Classification action is necessary to prevent exceeding Aleutian District of the Bering Sea and This action responds to the best the B season allowance of the 2008 Aleutian Islands management area available information recently obtained Pacific cod allowable catch (TAC) (BSAI). This action is necessary to from the fishery. The Assistant specified for trawl catcher vessels in the prevent exceeding the A season Administrator for Fisheries, NOAA, BSAI. allowance of the 2008 Atka mackerel (AA), finds good cause to waive the DATES: Effective 1200 hrs, Alaska local allowable catch (TAC) specified for requirement to provide prior notice and time (A.l.t.), April 4, 2008, though 1200 vessels participating in the Amendment opportunity for public comment hrs, A.l.t., June 10, 2008. 80 limited access fishery in the Western pursuant to the authority set forth at 5 FOR FURTHER INFORMATION CONTACT: Aleutian District of the BSAI. U.S.C. 553(b)(B) as such requirement is Jennifer Hogan, 907–586–7228. DATES: Effective 1200 hrs, Alaska local impracticable and contrary to the public SUPPLEMENTARY INFORMATION: NMFS time (A.l.t.), April 4, 2008, through 1200 interest. This requirement is manages the groundfish fishery in the hrs, A.l.t., September 1, 2008. impracticable and contrary to the public BSAI exclusive economic zone FOR FURTHER INFORMATION CONTACT: interest as it would prevent NMFS from according to the Fishery Management Jennifer Hogan, 907–586–7228. responding to the most recent fisheries Plan for Groundfish of the Bering Sea SUPPLEMENTARY INFORMATION: NMFS data in a timely fashion and would and Aleutian Islands Management Area manages the groundfish fishery in the delay the closure of Atka mackerel by (FMP) prepared by the North Pacific BSAI exclusive economic zone vessels participating in the Amendment Fishery Management Council under according to the Fishery Management 80 limited access fishery in the Western authority of the Magnuson-Stevens Plan for Groundfish of the Bering Sea Aleutian District of the BSAI. NMFS Fishery Conservation and Management and Aleutian Islands Management Area was unable to publish a notice Act. Regulations governing fishing by (FMP) prepared by the North Pacific providing time for public comment U.S. vessels in accordance with the FMP Fishery Management Council under because the most recent, relevant data appear at subpart H of 50 CFR part 600 authority of the Magnuson-Stevens only became available as of April 3, and 50 CFR part 679. Fishery Conservation and Management 2008. The B season allowance of the 2008 Act. Regulations governing fishing by The AA also finds good cause to Pacific cod TAC allocated to trawl U.S. vessels in accordance with the FMP waive the 30-day delay in the effective catcher vessels in the BSAI is 3,706 appear at subpart H of 50 CFR part 600 date of this action under 5 U.S.C. metric tons as established by the 2008 and 50 CFR part 679. 553(d)(3). This finding is based upon and 2009 final harvest specifications for The A season allowance of the 2008 the reasons provided above for waiver of groundfish in the BSAI (73 FR 10160, Atka mackerel TAC allocated to vessels prior notice and opportunity for public February 26, 2008). participating in the Amendment 80 comment. In accordance with § 679.20(d)(1)(i), limited access fishery in the Western This action is required by § 679.20 the Administrator, Alaska Region, Aleutian District of the BSAI is 4,649 and § 679.91 and is exempt from review NMFS, (Regional Administrator) has metric tons (mt) as established by the under Executive Order 12866. determined that the B season allowance 2008 and 2009 final harvest Authority: 16 U.S.C. 1801 et seq. of the 2008 Pacific cod TAC allocated to specifications for groundfish in the trawl catcher vessels in the BSAI will BSAI (73 FR 10160, February 26, 2008). Dated: April 4, 2008. soon be reached. Therefore, the Regional See § 679.20(a)(8)(ii)(A) and Emily H. Menashes Administrator is establishing a directed § 679.91(c)(4). Acting Director, Office of Sustainable fishing allowance of 3,656 mt, and is In accordance with § 679.20(d)(1)(i), Fisheries, National Marine Fisheries Service. setting aside the remaining 50 mt as the Administrator, Alaska Region, [FR Doc. 08–1114 Filed 4–4–08; 2:17 pm] bycatch to support other anticipated NMFS (Regional Administrator), has BILLING CODE 3510–22–S groundfish fisheries. In accordance with

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§ 679.20(d)(1)(iii), the Regional opportunity for public comment date of this action under 5 U.S.C. Administrator finds that this directed pursuant to the authority set forth at 5 553(d)(3). This finding is based upon fishing allowance has been reached. U.S.C. 553(b)(B) as such requirement is the reasons provided above for waiver of Consequently, NMFS is prohibiting impracticable and contrary to the public prior notice and opportunity for public directed fishing for Pacific cod by trawl interest. This requirement is comment. catcher vessels in the BSAI. impracticable and contrary to the public This action is required by § 679.20 After the effective date of this closure interest as it would prevent NMFS from the maximum retainable amounts at and is exempt from review under responding to the most recent fisheries Executive Order 12866. § 679.20(e) and (f) apply at any time data in a timely fashion and would during a trip. delay the closure of Pacific cod by trawl Authority: 16 U.S.C. 1801 et seq. Classification catcher vessels in the BSAI. NMFS was Dated: April 4, 2008. This action responds to the best unable to publish a notice providing Emily H. Menashes time for public comment because the available information recently obtained Acting Director, Office of Sustainable from the fishery. The Assistant most recent, relevant data only became Fisheries, National Marine Fisheries Service. available as of April 3, 2008. Administrator for Fisheries, NOAA, [FR Doc. 08–1115 Filed 4–4–08; 2:17 pm] (AA), finds good cause to waive the The AA also finds good cause to BILLING CODE 3510–22–S requirement to provide prior notice and waive the 30-day delay in the effective

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Proposed Rules Federal Register Vol. 73, No. 69

Wednesday, April 9, 2008

This section of the FEDERAL REGISTER Comments Invited New Mexico. The establishment of an contains notices to the public of the proposed air traffic control tower has made this issuance of rules and regulations. The Interested parties are invited to participate in this proposed rulemaking action necessary. The area would be purpose of these notices is to give interested depicted on appropriate aeronautical persons an opportunity to participate in the by submitting such written data, views, or arguments, as they may desire. charts. rule making prior to the adoption of the final Class D airspace areas are published rules. Comments that provide the factual basis in Paragraph 5000 of FAA Order supporting the views and suggestions 7400.9R, dated August 15, 2007, and presented are particularly helpful in effective September 15, 2007, which is DEPARTMENT OF TRANSPORTATION developing reasoned regulatory incorporated by reference in 14 CFR decisions on the proposal. Comments 71.1. The Class D airspace designation Federal Aviation Administration are specifically invited on the overall listed in this document would be regulatory, aeronautical, economic, 14 CFR Part 71 published subsequently in the Order. environmental, and energy-related The FAA has determined that this aspects of the proposal. proposed regulation only involves an [Docket No. FAA–2007–0915; Airspace Communications should identify both Docket No. 07–ASW–13] established body of technical docket numbers and be submitted in regulations for which frequent and Proposed Establishment of Class D triplicate to the address listed above. routine amendments are necessary to Airspace; Albuquerque, NM Commenters wishing the FAA to keep them operationally current. It, acknowledge receipt of their comments therefore, (1) is not a ‘‘significant AGENCY: Federal Aviation on this notice must submit with those regulatory action’’ under Executive Administration (FAA), DOT. comments a self-addressed, stamped Order 12866; (2) is not a ‘‘significant ACTION: Notice of proposed rulemaking. postcard on which the following rule’’ under DOT Regulatory Policies statement is made: ‘‘Comments to and Procedures (44 FR 11034; February SUMMARY: This action proposes to Docket No. FAA–2007–09 15/Airspace 26, 1979); and (3) does not warrant establish Class D airspace at Double Docket No. 07–AS W–13.’’ The postcard preparation of a Regulatory Evaluation Eagle II Airport, Albuquerque, New will be date/time stamped and returned as the anticipated impact is so minimal. Mexico. The establishment of an air to the commenter. Since this is a routine matter that will traffic control tower has made this Availability of NPRMs only affect air traffic procedures and air action necessary for the safety of navigation, it is certified that this rule, Instrument Flight Rule (IFR) operations An electronic copy of this document when promulgated, will not have a at the Double Eagle II Airport. may be downloaded through the significant economic impact on a DATES: Comments must be received on Internet at http://www.regulations.gov. substantial number of small entities or before May 27, 2008. Recently published rulemaking under the criteria of the Regulatory ADDRESSES: Send comments on this documents can also be accessed through Flexibility Act. The FAA’s authority to proposal to the U.S. Department of the FAA’s Web page at http:// issue rules regarding aviation safety is Transportation, Docket Operations, 1200 www.faa.gov or the Superintendent of found in Title 49 of the U.S. Code. New Jersey Avenue, SE., West Building Document’s Web page at http:// Subtitle I, Section 106, describes the Ground Floor, Room W12–140, www.access.gpo.gov/nara. authority of the FAA Administrator Additionally, any person may obtain Washington, DC 20590–0001. You must Subtitle VII, Aviation Programs, a copy of this notice by submitting a identify the docket number FAA–2007– describes in more detail the scope of the request to the Federal Aviation 09 15/Airspace Docket No. 07–AS W– agency’s authority. This rulemaking is Administration (FAA), Office of Air 13, at the beginning of your comments. promulgated under the authority Traffic Airspace Management, ATA– You may also submit comments on the described in Subtitle VII, Part A, 400, 800 Independence Avenue, SW., Internet at http://www.regulations.gov. Subpart I, Section 40103. Under that Washington, DC 20591, or by calling You may review the public docket section, the FAA is charged with (202) 267–8783. Communications must containing the proposal, any comments prescribing regulations to assign the use identify both docket numbers for this received, and any final disposition in of airspace necessary to ensure the notice. Persons interested in being person in the Dockets Office between 9 safety of aircraft and the efficient use of placed on a mailing list for future a.m. and 5 p.m., Monday through airspace. This regulation is within the NPRMs should contact the FAA’s Office Friday, except Federal holidays. The scope of that authority as it establishes of Rulemaking (202) 267–9677, to Docket Office, (telephone 1–800–647– controlled airspace at Double Eagle II request a copy of Advisory Circular No. 5527) is on the ground floor of the Airport, Albuquerque, New Mexico. 1 l–2A, Notice of Proposed Rulemaking building at the above address. Distribution System, which describes List of Subjects in 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: Gary the application procedure. Airspace, Incorporation by reference, Mallett, AMTI, CTR, Central Service Navigation (Air). Center, System Support Group, Federal The Proposal Aviation Administration, Southwest This action proposes to amend Title The Proposed Amendment Region, 2601 Meacham Blvd., Fort 14, Code of Federal Regulations (14 In consideration of the foregoing, the Worth, TX 76193–0530; telephone: (817) CFR), Part 71, by establishing a Class D Federal Aviation Administration 222–4949. airspace area for IFR operations at proposes to amend 14 CFR Part 71 as SUPPLEMENTARY INFORMATION: Double Eagle II Airport, Albuquerque, follows:

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PART 71—DESIGNATION OF CLASS A, SUMMARY: The Drug Enforcement format other than those specifically B, C, D, AND E AIRSPACE AREAS; Administration (DEA) is proposing to listed here. AIRWAYS; ROUTES; AND REPORTING designate the precursor chemical, 4- Posting of Public Comments: Please POINTS anilino-N-phenethyl-4-piperidine note that all comments received are (ANPP) as an immediate precursor for considered part of the public record and 1. The authority citation for part 71 the schedule II controlled substance, made available for public inspection continues to read as follows: fentanyl, under the definition set forth online at http://www.regulations.gov Authority: 49 U.S.C. 106(g); 40103, 40113, in 21 U.S.C. § 802(23). Furthermore, and in the Drug Enforcement 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– DEA is proposing to control ANPP as a Administration’s public docket. Such 1963 Comp., p. 389. schedule II substance under the information includes personal identifying information (such as your § 71.1 [Amended] Controlled Substances Act (CSA), pursuant to the authority in 21 U.S.C. name, address, etc.) voluntarily 2. The incorporation by reference in 811(e), which states that an immediate submitted by the commenter. 14 CFR 71.1 of Federal Aviation precursor may be placed in the same If you want to submit personal Administration Order 7400.9R, Airspace schedule as the controlled substance it identifying information (such as your Designations and Reporting Points, produces, without the need of name, address, etc.) as part of your dated August 15, 2007, and effective addressing the ‘‘factors determinative of comment, but do not want it to be September 15, 2007, is amended as control’’ in 21 U.S.C. § 811 or the posted online or made available in the follows: findings required in 21 U.S.C. 812(b). public docket, you must include the ANPP is the immediate chemical phrase ‘‘PERSONAL IDENTIFYING Paragraph 5000 Class D Airspace. INFORMATION’’ in the first paragraph * * * * * intermediary in the synthesis process currently used by clandestine laboratory of your comment. You must also place ASW NM D Albuquerque, NM [New] operators for the illicit manufacture of all the personal identifying information Double Eagle II Airport, NM the schedule II controlled substance you do not want posted online or made (Lat. 35°08′42″ N., long. 106°42′40″ W.) fentanyl. The distribution of illicitly available in the public docket in the first Dudle NDB (LOM) manufactured fentanyl has caused an paragraph of your comment and identify ° ′ ″ ° ′ ″ (Lat. 35 13 02 W., long. 106 42 46 W.) unprecedented outbreak of hundreds of what information you want redacted. If you want to submit confidential That airspace extending upward from the fentanyl-related overdoses in the United business information as part of your surface to and including 7,500 feet MSL States in recent months. DEA believes within a 4.3 mile radius of Double Eagle II comment, but do not want it to be that the control of ANPP as a schedule Airport, and within 1 mile each side of the posted online or made available in the II controlled substance is necessary to Double Eagle Runway 22 ILS localizer public docket, you must include the prevent its diversion as an immediate course, extending northeast from the 4.3 mile phrase ‘‘CONFIDENTIAL BUSINESS chemical intermediary for the illicit radius to the DUDLE NDB (LOM) excluding INFORMATION’’ in the first paragraph that airspace within the Albuquerque production of fentanyl. International Airport Class C airspace area. of your comment. You must also This Class D airspace area is effective during DATES: Written comments must be prominently identify confidential the specific dates and times established in postmarked, and electronic comments business information to be redacted advance by a Notice to Airmen. The effective must be sent, on or before June 9, 2008. within the comment. If a comment has date and time will thereafter be continuously so much confidential business ADDRESSES: To ensure proper handling published in the Airport/Facility Directory. of comments, please reference ‘‘Docket information that it cannot be effectively * * * * * No. DEA–305’’ on all written and redacted, all or part of that comment Issued in Fort Worth, TX on March 31, electronic correspondence. Written may not be posted online or made 2008. comments via regular mail should be available in the public docket. Personal identifying information and Walter Tweedy, sent to the Deputy Assistant confidential business information Administrator, Office of Diversion Acting Manager, System Support Group, ATO identified and located as set forth above Central Service Center. Control, Drug Enforcement will be redacted and the comment, in Administration, Washington, DC 20537, [FR Doc. E8–7267 Filed 4–8–08; 8:45 am] redacted form, will be posted online and Attention: DEA Federal Register BILLING CODE 4910–13–M placed in the Drug Enforcement Representative/ODL. Written comments Administration’s public docket file. sent via express mail should be sent to Please note that the Freedom of DEA Headquarters, Attention: DEA DEPARTMENT OF JUSTICE Information Act applies to all comments Federal Register Representative/ODL, received. If you wish to inspect the 8701 Morrissette Drive, Springfield, VA Drug Enforcement Administration agency’s public docket file in person by 22152. Comments may be sent directly appointment, please see the FOR to DEA electronically by sending an 21 CFR Part 1308 FURTHER INFORMATION CONTACT electronic message to paragraph. [Docket No. DEA–305P] [email protected]. Comments may also be sent FOR FURTHER INFORMATION CONTACT: RIN 1117–AB16 electronically through http:// Christine A. Sannerud, PhD, Chief, Drug www.regulations.gov using the and Chemical Evaluation Section, Office Control of Immediate Precursor Used electronic comment form provided on of Diversion Control, Drug Enforcement in the Illicit Manufacture of Fentanyl as that site. An electronic copy of this Administration, Washington, DC 20537 a Schedule II Controlled Substance document is also available at the at (202) 307–7183. AGENCY: Drug Enforcement http://www.regulations.gov Web site. SUPPLEMENTARY INFORMATION: The Drug Administration (DEA), Department of DEA will accept attachments to Enforcement Administration (DEA) is Justice. electronic comments in Microsoft Word, extremely concerned with the recent WordPerfect, Adobe PDF, or Excel file increase in the illicit manufacture and ACTION: Notice of Proposed Rulemaking. formats. DEA will not accept any file distribution of fentanyl, which has

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resulted in hundreds of fentanyl-related adjusting (‘‘cutting’’) pure fentanyl into discussed in DEA’s Interim Final Rule, overdoses and fentanyl-related deaths in non-lethal dosage concentrations. which uses NPP/ANPP. several areas of the country. DEA is Heroin users similarly have difficulty Synthesis of Fentanyl proposing to designate the precursor determining how much to take to get chemical, 4-anilino-N-phenethyl-4- their ‘‘high’’ and sometimes mistakenly DEA has determined from the forensic piperidine (ANPP) as an immediate take a lethal quantity of the fentanyl. testing of seized illicit fentanyl that two precursor for the schedule II controlled Unfortunately, only a slight excess of primary synthesis routes (i.e., the substance fentanyl under the definition fentanyl can be, and is often, lethal, Janssen synthesis route and the set forth in 21 U.S.C. 802(23). because the resulting level of respiratory Siegfried method) are being used to Under the immediate precursor depression is sufficient to cause the user produce fentanyl clandestinely. In 1965, provision in 21 U.S.C. 811(e), DEA may to stop breathing. Janssen Pharmaceutical patented the schedule an immediate precursor original synthesis procedure for ‘‘without regard to the findings required Illicit Fentanyl-Related Deaths fentanyl. The Janssen synthesis route is by’’ section 811(a) or section 812(b) and In 2005 and 2006, DEA saw a sharp difficult to perform and is beyond the ‘‘without regard to the procedures’’ increase in the seizures of illicit rudimentary skills of most clandestine prescribed by section 811(a) and (b). fentanyl. The distribution of illicit laboratory operators. Only individuals Because of the authority in section fentanyl or illicit fentanyl combined who have acquired advanced chemistry 811(e), DEA need not address the with heroin or with cocaine (i.e., a knowledge and skills have successfully ‘‘factors determinative of control’’ in ‘‘speedball’’) resulted in an outbreak of used this synthesis route. Forensic section 811 or the findings required for hundreds of confirmed and suspected laboratories can determine whether placement in schedule II in section fentanyl-related overdose deaths in the fentanyl was manufactured illicitly by 812(b)(2), and accordingly, DEA is not United States since April 2005, the Janssen route by detecting the seeking comment on those factors and/ according to the Centers for Disease impurity benzylfentanyl in the tested or findings in this NPRM. Control and Prevention (CDC) and fentanyl drug exhibit. This rulemaking proposes two medical examiners representing In the early 1980s, an alternate route actions. It (1) proposes the designation numerous cities and counties across the for fentanyl synthesis was published in of the precursor chemical ANPP as an United States. DEA terms fentanyl- the scientific literature; it uses N- immediate precursor for the schedule II related deaths ‘‘suspected’’ until phenethyl-4-piperidone (NPP) as the controlled substance, fentanyl, under confirmed through the completion of an starting material. The NPP synthesis the definition set forth in 21 U.S.C. autopsy, a positive toxicological testing route is described on the Internet and is 802(23); and (2) proposes control of result for fentanyl in the blood, and the referred to as the Siegfried method. The ANPP as a schedule II substance reporting of the death to the DEA. chemical intermediary ANPP is pursuant to the authority in 21 U.S.C. produced during the synthesis and is 811(e). DEA is soliciting comment on To address this emergency health situation, DEA published an Interim the immediate precursor used in the these two proposed actions, as well as illicit manufacture of fentanyl in the last on any possible legitimate uses of ANPP Final Rule ‘‘Control of a Chemical Precursor Used in the Illicit stage of the Siegfried method. The that are unrelated to fentanyl (including Chemical Abstracts Service Registry industrial uses) in order to assess the Manufacture of Fentanyl as a List I chemical’’ (72 FR 20039, April 23, 2007) Number1 (CASRN) for ANPP is 21409– potential commercial impact of 26–7. The detection of the impurity 4- scheduling ANPP. to control N-phenethyl-4-piperidone (NPP), the chemical precursor to ANPP, anilino-N-phenethyl-4-piperidine Background as a List I chemical. As DEA discussed (ANPP) without the presence of Fentanyl is a schedule II controlled extensively in that Interim Final Rule, at benzylfentanyl in the fentanyl drug substance. Fentanyl and analogues of least 972 confirmed fentanyl-related exhibit suggests that the fentanyl was fentanyl are the most potent opioids deaths, and 162 suspected fentanyl- manufactured by the Siegfried method available for human and veterinary use. related deaths, mostly in Delaware, (or a modified version) that produces Fentanyl produces opioid effects that Illinois, Maryland, Michigan, Missouri, the precursor ANPP and then converts are indistinguishable from morphine or New Jersey, and Pennsylvania were ANPP directly to fentanyl. (A small heroin, but fentanyl has a greater initially reported to the DEA. The amount of ANPP is not consumed in the potency and a shorter duration of number of fentanyl-related deaths last reaction in the synthesis, and thus action. Fentanyl is approximately 50 to significantly decreased after October a trace amount of ANPP remains in the 100 times more potent than morphine 2006 and continued at lower levels fentanyl.) and 30 to 50 times more potent than following control of the precursor NPP The increase in street-level fentanyl heroin, depending on the physiological in 2007. may be the result of the relative ease or behavioral measure, the route of From the information and data with which fentanyl can be produced administration, and other factors. collected, there is a strong indication via the Siegfried method and the The legitimate medical use of fentanyl that the fentanyl in these confirmed and widespread distribution of the Siegfried is for anesthesia and analgesia, but suspected fentanyl-related deaths is the method on the Internet. Preliminary fentanyl’s euphoric effects are highly result of illicitly manufactured fentanyl, data indicate that the majority of the sought after by narcotic addicts. rather than from fentanyl diverted from deaths in the current fentanyl outbreak Fentanyl can serve as a direct legal pharmaceutical manufacturers. have resulted from the distribution of pharmacological substitute for heroin in Forensic testing of seized fentanyl drug 1 The Chemical Abstracts Service Registry opioid-dependent individuals. Fentanyl exhibits can identify manufacture Number (CASRN) is created by the Chemical is a very dangerous substitute for procedure markers such as Abstracts Service (CAS) Division of the American heroin, however, because the amount benzylfentanyl and ANPP. The forensic Chemical Society and is part of an automated that produces a euphoric effect also data suggests that most of these information system housing data and information on specific, definable chemical substances. The induces respiratory depression. fentanyl-related deaths are from CASRN provides consistent and unambiguous Furthermore, due to fentanyl’s greater fentanyl illicitly manufactured by the identification of chemicals and facilitates sharing of potency, illicit drug dealers have trouble procedure called the Siegfried method, chemical information.

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illicit fentanyl made by the Siegfried to prevent the illicit production of As noted previously, ANPP can also method and marked by traces of ANPP fentanyl. be produced through synthetic rather than benzylfentanyl. pathways that do not require NPP as the Designation as an Immediate Precursor Role of ANPP in Synthesis of Fentanyl precursor material. Accordingly, DEA Under 21 U.S.C. 811(e), the Attorney believes control is necessary to prevent Since 2000, four of the five domestic General may place an immediate unscrupulous chemists from fentanyl clandestine laboratories seized precursor into the same schedule as the synthesizing ANPP and selling it (as an by law enforcement agents have used controlled substance that the immediate unregulated material) through the the Siegfried method or a modified precursor is used to make. The Internet and other channels to version of the Siegfried method in substance must meet the requirements individuals who may wish to acquire an manufacturing fentanyl. The amount of of an immediate precursor under 21 unregulated precursor for fentanyl illicit fentanyl and precursor chemicals U.S.C. 802(23). The term ‘‘immediate synthesis, in order to circumvent the found at these four laboratories could precursor’’ as defined in 21 U.S.C. regulation of NPP as a List I chemical. have generated a total of 5,800 grams of 802(23) means a substance: illicit fentanyl. Since fentanyl is potent DEA believes that the control of ANPP in sub-milligram quantities, the (A) Which the Attorney General has found is necessary to prevent its production subsequent ‘‘cutting’’ of 5,800 grams of to be and by regulation designated as being and use in the illicit production of the principal compound used, or produced illicit fentanyl would be sufficient to fentanyl. Therefore, DEA is proposing primarily for use, in the manufacture of a the designation of ANPP as an make about 46 million fentanyl doses. controlled substance; The precursor chemical NPP is the (B) Which is an immediate chemical immediate precursor of fentanyl starting material utilized in the Siegfried intermediary used or likely to be used in the pursuant to 21 U.S.C. 802(23) and 21 method of synthesizing fentanyl, both in manufacture of such controlled substance; U.S.C. 811(e). industry and in illicit drug laboratories. and Under a separate rulemaking published (C) The control of which is necessary to Proposed Placement in Schedule II— April 23, 2007 (72 FR 20039), DEA has prevent, curtail, or limit the manufacture of Findings Required Under CSA controlled the precursor NPP as a List such controlled substance. Immediate Precursor Provisions I chemical under the regulatory control DEA finds that ANPP meets the three Under the authority in 21 U.S.C. provisions of the CSA (21 CFR part criteria for the definition of an 811(e), once ANPP is designated as an 1300). immediate precursor under 21 U.S.C immediate precursor under 21 U.S.C. During the production process, the 802(23). First, DEA finds that ANPP is 802(23), it may be placed directly into starting material, NPP, is subjected to a produced primarily for use in the schedule II (or a schedule with a higher series of chemical reactions in order to manufacture of the schedule II produce the intermediary chemical numerical designation). The immediate controlled substance fentanyl. As stated ANPP. The ANPP is then subjected to a precursor provision in 21 U.S.C. 811(e) in the preceding section, under the simple chemical reaction resulting in permits DEA to schedule an immediate Siegfried method, ANPP is typically the synthesis of fentanyl. DEA has not precursor ‘‘without regard to the produced from the starting material NPP identified any industrial uses for ANPP findings required by’’ § 811(a) or section and is then subjected to a simple one- and believes that ANPP is only 812(b) and ‘‘without regard to the step chemical reaction to obtain the produced as a chemical intermediary in procedures’’ prescribed by section the production of fentanyl, either in the schedule II controlled substance 811(a) and (b). Accordingly, DEA need legitimate production of pharmaceutical fentanyl. DEA has not identified any not address the ‘‘factors determinative fentanyl or the illicit production of industrial or other uses for ANPP and of control’’ in section 811 or the fentanyl in clandestine laboratories. believes that it is produced primarily findings required for placement in ANPP is, therefore, an immediate during the synthesis of fentanyl. schedule II in section 812(b)(2).2 chemical intermediary in the synthesis Second, DEA finds that ANPP is an Furthermore, if ANPP is designated as of fentanyl and is produced primarily immediate chemical intermediary used an ‘‘immediate precursor’’ for the for this purpose. in the manufacture of the controlled schedule II controlled substance DEA is proposing to control ANPP as substance fentanyl. As stated earlier, fentanyl, section 811(e) specifies that a schedule II controlled substance in an ANPP is produced as an intermediary in DEA does not need to make the findings effort to prevent its use in production of the fentanyl synthetic pathway. After it is synthesized, the ANPP is subjected to illicit fentanyl. DEA believes control is 2 Under administrative scheduling of a substance necessary to prevent unscrupulous a simple chemical reaction that converts pursuant to 21 U.S.C. 811(c), DEA must consider chemists from synthesizing and it directly to fentanyl. the ‘‘factors determinative of control.’’ The DEA distributing ANPP (as an unregulated Third, DEA finds that controlling must consider the following factors with respect to each drug or other substance proposed to be material), and selling it through the ANPP is necessary to prevent, curtail, controlled in a schedule: Internet and other channels to and limit the unlawful manufacture of (1) Its actual or relative potential for abuse; individuals who may wish to acquire an the controlled substance fentanyl. As (2) Scientific evidence of its pharmacological unregulated precursor for fentanyl noted above, DEA believes this action is effect, if known; synthesis. DEA believes this action is necessary to assist in preventing the (3) The state of current scientific knowledge also advisable in order to deter the theft possible theft of ANPP from legitimate regarding the drug or other substance; (4) Its history and current pattern of abuse; of ANPP from legitimate pharmaceutical pharmaceutical firms where it is a (5) The scope, duration, and significance of firms where it is generated in the course chemical intermediary generated for abuse; of fentanyl production. It has been fentanyl production. As a schedule II (6) What, if any, risk there is to the public health; determined by DEA’s Office of Forensic substance, ANPP will be safeguarded to (7) Its psychic or physiological dependence Sciences that ANPP can also be the same degree that pharmaceutical liability; and produced through synthetic pathways firms now safeguard the fentanyl that (8) Whether the substance is an immediate precursor of a substance already controlled. that do not require NPP as the starting they produce. DEA believes this 21 U.S.C. 811(e) specifies that none of these material. Therefore, DEA believes that increased level of security is necessary factors must be considered, however, in the control controlling ANPP directly is necessary to prevent diversion of ANPP. of an ‘‘immediate precursor.’’

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required under section 812(b)(2) for order to prevent diversion, ANPP would Reports. All registrants would be schedule II controlled substances.3 have to be manufactured, distributed, required to submit reports in accordance Based on the finding that ANPP is an and stored in accordance with the with 21 CFR 1304.33. ‘‘immediate precursor’’ for fentanyl, standards for physical security and the Orders. All registrants involved in the DEA proposes to place ANPP directly operating procedures set forth in 21 CFR distribution of ANPP would be required into schedule II. Therefore, DEA is not 1301.71, 1301.72(a), (c), and (d), to comply with the order requirements seeking comments regarding these 1301.73, 1301.74, 1301.75(b) and (c), of 21 CFR part 1305. factors and findings. 1301.76, and 1301.77. Importation and Exportation. All This rule does not propose any new registrants involved in the importation Requirements for Handling Schedule II and exportation of ANPP would be Substances security requirements for schedule II controlled substances. The following required to comply with 21 CFR part The proposed scheduling of ANPP as existing security requirements are 1312. an immediate precursor would subject provided for informational purposes Prescriptions. All prescriptions for ANPP to all of the regulatory controls only. ANPP or prescriptions for products and administrative, civil, and criminal Existing DEA physical security containing ANPP would be required to sanctions applicable to the manufacture, regulations require that, for schedule I be issued pursuant to 21 CFR 1306.03– 1306.06 and 21 CFR 1306.11–1306.15. distribution, dispensing, importing, and and II controlled substances, raw Criminal Liability. Any activity with exporting of a schedule II controlled material, bulk materials awaiting further substance. Therefore, DEA is soliciting ANPP in violation of or not authorized processing, and finished products be under the Controlled Substances Act or comment from manufacturers, stored in either a safe or steel cabinet (if distributors, importers, exporters, and the Controlled Substances Import and the quantity is small) or in a vault (21 Export Act would be unlawful and researchers on the regulatory burden to CFR 1301.72). DEA regulations set forth legitimate commercial activities that potentially subject to criminal penalties specific requirements regarding these (21 U.S.C. §§ 841–863 and 959–964). would result from the proposed structures. Controlled substances must placement of ANPP in schedule II of the be stored in these facilities during the Solicitation of Information CSA. manufacturing process except where a As part of this rulemaking, DEA is To date DEA has not identified any continuous manufacturing process soliciting information on any possible legitimate industrial use for ANPP, should not be interrupted (21 CFR legitimate uses of ANPP unrelated to other than its role as an intermediary 1301.73). Secure storage areas are fentanyl (including industrial uses) in chemical in the production of fentanyl required to have an alarm system which, order to assess the potential commercial by the pharmaceutical industry. If ANPP upon attempted unauthorized entry, impact of scheduling ANPP. DEA has is used only to manufacture fentanyl, shall transmit a signal directly to a searched information in the public the potential regulation of ANPP as an central protection company or to a local domain for legitimate uses of ANPP and immediate precursor will not represent or state police agency which has a legal has not documented any legitimate a new, major regulatory burden because duty to respond, or a 24-hour control commercial uses for ANPP other than as fentanyl manufacturers have already station operated by the registrant, or an intermediary chemical in the implemented the CSA requirements for other protection as approved by DEA production of fentanyl. DEA seeks, schedule II substances. For example, (21 CFR 1301.72(a)(1)(iii), however, to document any unpublicized since fentanyl is a schedule II controlled 1301.72(a)(3)(iv)). The controlled use(s) and other proprietary use(s) of substance, these firms will already be substances storage areas are required to ANPP that are not in the public domain. schedule II registrants and will already be accessible only to an absolute Therefore, DEA is soliciting comment have adequate schedule II security. As minimum number of specifically on the uses of ANPP in the legitimate a result of this rulemaking, these firms authorized employees (21 CFR marketplace. will need to begin storing ANPP under 1301.72(d)). When it is necessary for DEA is soliciting input from all the same security controls already used other personnel or guests to be present potentially affected parties regarding: (1) for the final product fentanyl. The in, or pass through, such secure areas, The types of legitimate industries using impact upon legitimate industry of the registrant shall provide for adequate ANPP; (2) the legitimate uses of ANPP; controlling ANPP as a schedule II observation of the area by an employee (3) the size of the domestic market for substance should be minimal. If ANPP (21 CFR 1301.72(d), 1301.73(c)). ANPP; (4) the number of manufacturers is placed in schedule II, the regulatory Labeling and Packaging. All labels of ANPP; (5) the number of distributors requirements will include the following: and labeling for commercial containers of ANPP; (6) the level of import and Registration. Any person who of ANPP that are distributed would be export of ANPP; (7) the potential burden manufactures, distributes, dispenses, required to comply with the these proposed regulatory controls of imports, or exports ANPP, engages in requirements of 21 CFR 1302.03– ANPP may have on legitimate research with respect to ANPP, or 1302.07. commercial activities; (8) the potential proposes to engage in such activities Quotas. Quotas for ANPP would be number of individuals/firms that may be would be required to submit an established pursuant to 21 CFR part adversely affected by these proposed application for schedule II registration 1303. regulatory controls (particularly with in accordance with 21 CFR part 1301. Inventory. Every registrant who respect to the impact on small Security. ANPP would be subject to possesses any quantity of ANPP would businesses); and (9) any other schedule II security requirements. In be required to keep an inventory of all information on the manner of stocks of the substance on hand 3 The findings for schedule II include (A) the drug manufacturing, distribution, or other substance has a high potential for abuse; pursuant to 21 CFR 1304.03, 1304.04 consumption, storage, disposal, and (B) the drug or other substance has a currently and 1304.11. uses of ANPP by industry and others. accepted medical use in treatment in the United Records. All registrants would be DEA invites all interested parties to States or a currently accepted medical use with severe restrictions; and (C) abuse of the drug or required to keep records pursuant to 21 provide any information on any other substance may lead to severe psychological or CFR 1304.03, 1304.04, and 1304.21– legitimate uses of ANPP in industry, physical dependence. 1304.23. commerce, academia, research and

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development, or other applications. diminish the power of any state to DEPARTMENT OF THE INTERIOR DEA seeks both quantitative and enforce its own laws. Accordingly, this qualitative data. rulemaking does not have federalism Bureau of Indian Affairs implications warranting the application Handling of Confidential or Proprietary of Executive Order 13132. 25 CFR Parts 26, 27 Information RIN 1076–AE88 Confidential or proprietary Unfunded Mandates Reform Act of 1995 information may be submitted as part of Job Placement and Training a comment regarding this Notice of This rule will not result in the Proposed Rulemaking. Please see the expenditure by state, local, and tribal AGENCY: Bureau of Indian Affairs, ‘‘POSTING OF PUBLIC COMMENTS’’ governments, in the aggregate, or by the Interior. section above for a discussion of the private sector, of $120,000,000 or more ACTION: Proposed rule. identification and redaction of (adjusted for inflation) in any one year, SUMMARY: This rule would consolidate confidential business information and and will not significantly or uniquely personally identifying information. requirements governing the affect small governments. Therefore, no Employment Assistance Program and Regulatory Certifications actions are deemed necessary under the the Adult Vocational Training Program. provisions of the Unfunded Mandates These programs assist Indian people to Regulatory Flexibility and Small Reform Act of 1995. Business Concerns obtain job skills and to obtain and retain permanent employment. Combining The Regulatory Flexibility Act (5 Congressional Review Act these regulations will be consistent with U.S.C. 601–612) requires agencies to This rule is not a major rule as changes to the Department’s budget, determine whether a proposed rule will defined by Section 804 of the Small have a significant economic impact on which has combined these two Business Regulatory Enforcement regulations into one line item. a substantial number of small entities. If Fairness Act of 1996 (Congressional DATES: Submit comments on or before an agency finds that there is a Review Act). This rule will not result in July 8, 2008. significant economic impact on a an annual effect on the economy of substantial number of small entities, the $100,000,000 or more; a major increase ADDRESSES: Comments should be sent to agency must consider whether in cost or prices; or significant adverse Robert W. Middleton, PhD, Director, alternative approaches could mitigate effects on competition, employment, Office of Indian Energy and Economic the impact on small entities. The size investment, productivity, innovation, or Development, either by facsimile at criteria for small entities are defined by on the ability of United States-based (202) 208–4564, or by mail to 1951 the Small Business Administration companies to compete with foreign- Constitution Avenue, NW., Mailstop (SBA) in 13 CFR 121.201. based companies in domestic and 20–SIB, Washington, DC 20245 or via DEA has not identified any legitimate export markets. the Federal rule making portal at industrial use for ANPP, other than its http://www.regulations.gov. Follow the role as an intermediary chemical in the List of Subjects in 21 CFR Part 1308 instructions for submitting comments. production of fentanyl by the Administrative practice and Comments on the information collection pharmaceutical industry. DEA has not procedure, Drug traffic control, burden, including comments on or identified any firms that import, export, Reporting and recordkeeping requests for copies of the [name of or distribute ANPP. If ANPP is used requirements. application form], are separate from only to manufacture fentanyl, the those on the substance of the rule. For the reasons set out above, 21 CFR potential regulation of ANPP as an Send comments on the information part 1308 is proposed to be amended as immediate precursor will not represent collection burden to: Desk Officer for follows: a new, major regulatory burden, because the Department of the Interior Office of fentanyl manufacturers have already PART 1308—SCHEDULES OF Management & Budget, e-mail: _ implemented the CSA requirements for CONTROLLED SUBSTANCES oira [email protected], or (202) 395– the handling of schedule II substances. 6566 (fax). Please also send a copy of Consequently, DEA believes the 1. The authority citation for part 1308 your comments to BIA at one of the proposed rule will not have a significant continues to read as follows: addresses shown above. economic impact on a substantial Authority: 21 U.S.C. 811, 812, 871(b) FOR FURTHER INFORMATION CONTACT: You number of small entities. However, DEA unless otherwise noted. may request further information or is nonetheless seeking comment on obtain copies of the proposed whether there are uses for ANPP not 2. Section 1308.12 is proposed to be information collection request from known to DEA that could be impaired amended by adding a new paragraph (g) Lynn Forcia, Chief, Division of by this proposed rule and result in a (3) to read as follows: Workforce Development, telephone significant economic impact on a § 1308.12 Schedule II. (202) 219–5270 or Jody Garrison, substantial number of small entities. * * * * * Manpower Development Specialist, at (202) 208–2685. Executive Order 12988 (g) * * * SUPPLEMENTARY INFORMATION: This regulation meets the applicable (3) Immediate precursor to fentanyl: standards set forth in sections 3(a) and (i) 4-anilino-N-phenethyl-4-piperidine I. Background 3(b)(2) of Executive Order 12988 Civil (ANPP) ...... 8333 II. Statutory Authority III. Procedural Requirements Justice Reform. (ii) [Reserved] A. Civil Justice Reform (Executive Order Executive Order 13132 Dated: March 14, 2008. 12988) Michele M. Leonhart, B. Regulatory Planning and Review This rulemaking does not preempt or (Executive Order 12866) modify any provision of state law; nor Deputy Administrator. C. Regulatory Flexibility Act does it impose enforcement [FR Doc. E8–7391 Filed 4–8–08; 8:45 am] D. Takings (Executive Order 12630) responsibilities on any state; nor does it BILLING CODE 4410–09–P E. Federalism (Executive Order 13132)

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F. National Environmental Policy Act regulations were also discussed at the consolidated funding for the two G. Unfunded Mandates Act of 1995 Annual Alaska Bureau Service programs into one line item. The H. Paperwork Reduction Act of 1995 Providers conference in November 2007. purpose of the program is to assist I. Consultation With Indian Tribes (Executive Order 13175) We received numerous comments eligible clients to obtain job skills and J. Small Business Regulatory Enforcement throughout a previous informal review to find and retain a job leading to self- Fairness Act (SBREFA) process for more than the past five sufficiency. Any effect on productivity, K. Data Quality Act years. Some comments recommended competition, jobs, and tribal L. Effects on the Energy Supply (E.O. more clarity or consistency and more governments or communities will be 13211) detail or additional language in order to positive. M. Clarity of This Regulation better clarify the Job Placement and (b) This rule will not create a serious N. Public Availability of Comments Training Program. We have attempted to inconsistency or otherwise interfere III. Drafting Information incorporate these comments whenever with an action taken or planned by I. Background possible. another agency. This rule encourages The President’s Regulatory Reform Publication of the proposed rule by coordination with other agency Initiative requires Federal agencies to the Department of the Interior programs offering job training and streamline the regulatory process, to (Department) provides the public with placement assistance. For example, the remove obsolete regulations, and to an opportunity to participate in the rule- rule states that the Bureau will consider reduce the regulatory burden on the making process. Interested persons may other available resources, including public. This rule would consolidate submit written comments regarding the those offered by other agencies, in requirements governing the proposed rule to the location identified determining financial need; allows the Employment Assistance Program and in the ADDRESSES section of this Bureau or tribal service provider to the Adult Vocational Training Program document. enter into agreements with appropriate Federal, state, or local government into one ‘‘Job Placement and Training II. Statutory Authority Program.’’ This revision is consistent agencies, among other organizations, to with the Department of the Interior’s The authority to issue rules and provide facilities and services required budget, which has integrated the two regulations is vested in the Secretary of for vocational training programs; and programs, Adult Vocational Training the Interior by 5 U.S.C. 301 and Sections encourages partnering with similar and the Direct Employment programs, 463 and 465 of the Revised Statutes, 25 programs and resources that may be into one comprehensive line item: The U.S.C. 2 and 9. offered by other agencies or organizations. Job Placement and Training Program. III. Procedural Requirements The revision of this regulation was (c) This rule does not alter the previously recommended by the Public A. Civil Justice Reform (Executive Order budgetary effects of entitlements, grants, Law 102–477 Tribal Work Group, tribes, 12988) user fees, or loan programs or the rights or obligations of their recipients. This and BIA program staff and is part of the The Department has certified to the rule does not alter any budgetary effects President’s Regulatory Reform Initiative. Office of Management and Budget or the rights or obligations of recipients The purpose of the Department of the (OMB) that this proposed rule meets the to job placement and training services; Interior’s Job Placement and Training applicable standards provided in the rule merely consolidates programs Program is to enhance employment Sections 3(a) and 3(b)(2) of Executive to reflect consolidation into one budget opportunities for eligible Indians and to Order 12988. Specifically, this rule: line item. provide related services as necessary for (a) Meets the criteria of section 3(a) (d) This rule does not raise novel legal them to gain full self-sufficiency or non- requiring that all regulations be or policy issues. The Bureau and tribal subsidized employment. The program reviewed to eliminate errors and service providers have been providing services are not intended to duplicate or ambiguity and be written to minimize the types of services covered by this supplant other job placement or training litigation; and now consolidated rule and the legal and authorities, resources, or services, but (b) Meets the criteria of section 3(b)(2) policy basis for providing these services are designed to complement and requiring that all regulations be written has been well established. supplement where there may be gaps in in clear language and contain clear legal an individual self-sufficiency plan. This standards. C. Regulatory Flexibility Act program’s emphasis will focus on B. Regulatory Planning and Review This proposed rule will not have a individual self-sufficiency through the (Executive Order 12866) significant economic impact on a implementation of a well-conceived substantial number of small entities plan that is designed to improve the This proposed rule is not a significant under the Regulatory Flexibility Act (5 individual’s standard of living. The regulatory action and the Office of U.S.C. 601 et seq.). This rule offers job program may be administered through Management and Budget has not training and placement assistance to the Self-Determination or Self- reviewed this rule under Executive certain eligible individuals and will not Governance process, Public Law 102– Order 12866. We have made the affect small entities. 477 Tribal Plan authority, or other assessments required by E.O. 12866 and similar authorities. the results are given below. D. Takings (Executive Order 12630) We have developed the proposed (a) This rule will not have an effect of The Department has determined that draft regulations working with tribal $100 million or more on the economy. this proposed rule does not have representatives. During our National Further, this rule will not adversely significant ‘‘takings’’ implications. The Public Law 102–477 conference in affect in a material way the economy, proposed rule does not pertain to Reno, Nevada held from October 30– productivity, competition, jobs, the ‘‘taking’’ of private property interests, November 1, 2007, the proposed draft environment, public health or safety, or nor does it affect private property. regulations and their effect on Job State, local, or tribal governments or Placement and Training were discussed. communities. This rule combines two E. Federalism (Executive Order 13132) Three hundred twenty-eight individuals programs into one, reflecting a change to The Department has determined that attended the conference. The proposed the Department’s budget, which this proposed rule does not have

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significant federalism effects because it Unfunded Mandates Act of 1995. collect information and an individual pertains solely to Federal-tribal relations Additionally, this rule does not have a need not respond if there is no valid and will not interfere with the roles, significant or unique effect on State, OMB clearance number identified on rights and responsibilities of states. local or tribal governments or the the form. Applications for training Therefore, a Federalism Assessment is private sector. The rule addresses a assistance must be submitted on an not required. program that offers assistance to eligible application form obtained from a local individuals to obtain job skills and to F. National Environmental Policy Act Bureau of Indian Affairs agency or a find and retain a job leading to self- tribal contractor office. This information The Department has determined that sufficiency; it does not require any is collected to determine whether an this proposed rule does not constitute a action or service by any governmental or Indian person is eligible to participate major Federal action significantly private entity. A statement containing in the Employment Assistance program, affecting the quality of the human the information required by the to determine the amount of assistance environment and that no detailed Unfunded Mandates Reform Act (2 needed, to determine whether the client statement is required pursuant to the U.S.C. 1531 et seq.) is not required. National Environmental Policy Act of is successful in completing the program, H. Paperwork Reduction Act of 1995 1969. to determine whether the training The information collection resulted in obtaining a job, and to G. Unfunded Mandates Act of 1995 requirements contained in the proposed determine if the training resulted in an This proposed rule imposes no regulations have been submitted to the earnings gain. A response is required to unfunded mandates on any Office of Management and Budget obtain a benefit. Preparation of the governmental or private entity and is in (OMB) for reinstatement under 44 application is estimated to take 30 compliance with the provisions of the U.S.C. 3504(h). The agency may not minutes at a cost of $10 per respondent.

Number of Frequency of Total annual Burden hours Annual burden Cost of CFR section respondents response responses per response hours responses

26.5 ...... 4,900 1 4,900 .50 2,450 $24,500

Individuals desiring to submit programs by consolidating the two CFR only to a job training and assistance comments on the information collection parts that had previously governed the program for eligible individuals. requirement should direct them to the assistance they provide. Accordingly: (c) Does not have significant adverse Office of Information and Regulatory (a) During the week of October 27, effects on competition, employment, Affairs, e-mail: 2007 we met with tribes at the National investment, productivity, innovation, or _ oira [email protected] or (202) 393– Public Law 102–477 Conference to the ability of U.S.-based enterprises to 6566 (fax). Attention: Desk Office for the discuss changes in the regulations. We compete with foreign-based enterprises. U.S. Department of the Interior. The also discussed proposed changes during The purpose of this rule’s program is to Department considers comments by the the Annual Alaska Providers Service assist eligible clients to obtain job skills public on this proposed collection of Conference in November 2007. The and to find and retain a job leading to information in: proposed regulations have been a topic self-sufficiency. Any effect on (a) Evaluating whether the proposed of discussion with tribes for more than competition, employment, investment, collection of information is necessary the past five years. The proposed productivity, innovation or the ability of for the proper performance of the changes were discussed at the annual U.S.-based enterprises to compete with functions of the Department, including Adult Vocational Training Conference foreign-based enterprises will be whether the information will have sponsored by Sinte Gleska College for positive, by providing more individuals practical utility; several years. with needed skills and job experience. (b) Evaluating the accuracy of the (b) We will fully consider tribal views K. Data Quality Act Department’s estimate of the burden of in the final rule. the proposed collection of information, In developing this rule we did not J. Small Business Regulatory including the validity of the conduct or use a study, experiment, or Enforcement Fairness Act (SBREFA) methodology and assumptions used; survey requiring peer review under the (c) Enhancing the quality, usefulness, This rule is not a major rule under 5 Data Quality Act (Pub. L. 106–554). and clarity of the information to be U.S.C. 804(2), the Small Business collected; and L. Effects on the Energy Supply (E.O. Regulatory Enforcement Fairness Act. (d) Minimizing the burden of the 13211) This rule: information collection on those who are This rule is not a significant energy to respond, including using appropriate (a) Does not have an annual effect on action under the definition in Executive automated, electronic, mechanical, or the economy of $100 million or more. Order 13211. A Statement of Energy other collection techniques or other This rule combines two programs into Effects is not required. forms of information technology. one, reflecting a change to the Department’s budget, which M. Clarity of This Regulation I. Consultation With Indian Tribes consolidated funding for the two (Executive Order 13175) programs into one line item. We are required by Executive Orders In accordance with Executive Order (b) Will not cause a major increase in 12866 and 12988 and by the 13175, we have identified potential costs or prices for consumers, Presidential Memorandum of June 1, effects on federally recognized Indian individual industries, Federal, State, or 1998, to write all rules in plain tribes that will result from this rule. local government agencies, or language. This means that each rule we This rule will affect those tribes that geographic regions. This rule will not publish must: provide job placement and training affect costs or prices because it relates (a) Be logically organized;

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(b) Use the active voice to address 26.1 What terms do I need to know? 26.37 Are there training standards that I readers directly; 26.2 Who authorizes this collection of must follow? information? (c) Use clear language rather than Subpart D—Appeal by an Applicant jargon; 26.3 What is the purpose of the Job 26.38 May I appeal a decision about my (d) Be divided into short sections and Placement and Training Program? 26.4 Who administers the Job Placement application? sentences; and and Training Program? Authority: 25 U.S.C. 13; Sec. 1, Pub. L. 84– (e) Use lists and tables wherever 26.5 Who may be eligible for Job Placement possible. 959, 70 Stat. 966 as amended by Pub. L. 88– and Training? 230, 77 Stat. 471 (25 U.S.C. 309). If you feel that we have not met these 26.6 Who is eligible to receive financial requirements, send us comments by one assistance? Subpart A—General Applicability of the methods listed in the ADDRESSES 26.7 How is financial need established? section. To better help us revise the 26.8 Where do I go to apply for Job § 26.1 What terms do I need to know? rule, your comments should be as Placement and Training assistance? As used in this part: specific as possible. For example, you 26.9 How do I apply for assistance? Bureau means the Bureau of Indian 26.10 When will I find out if I have been Affairs (BIA). should tell us the numbers of the selected for Job Placement and Training sections or paragraphs that are unclearly assistance? Department means the Department of written, which sections or sentences are 26.11 What type of Job Placement and the Interior. too long, the sections where you feel Training assistance may be approved? Gainful Employment means work lists or tables would be useful, etc. 26.12 Who provides the Job Placement and resulting in self-sufficiency. Training? Indian means any person who is a N. Public Availability of Comments 26.13 How long may I be in training and member of a federally-recognized tribe, Before including your address, phone how long can I receive other assistance? including Alaska Natives. number, e-mail address, or other 26.14 What or who is a service provider? Individual Self-Sufficiency Plan (ISP) personal identifying information in your 26.15 What makes an applicant eligible for means a written plan designed to meet Job Placement and Training services? comment, you should be aware that the goal of employment through specific 26.16 If I am awarded financial assistance, actions that meet the needs of the your entire comment—including your how much will I receive? personal identifying information—may 26.17 Can more than one family member be individual. The plan is jointly be made publicly available at any time. financially assisted at the same time? developed and is signed by both the While you can ask us in your comment 26.18 What kind of supportive services are client and the servicing office. The ISP to withhold your personal identifying available? addresses the client’s barriers to information from public review, we 26.19 Will I be required to contribute employment and a plan of action to cannot guarantee that we will be able to financially to my employment and address barriers. do so. training goals? Must means a mandatory act or 26.20 Can I be required to return portions requirement. III. Drafting Information of my grant? On or Near Reservation means those 26.21 Can this program be combined with areas or communities adjacent or The primary author of this document other similar programs for maximum is Lynn Forcia, Division of Workforce benefit? contiguous to reservations, or service Development. 26.22 May we integrate Job Placement and areas where Job Training and Placement programs are provided upon approval of List of Subjects in 25 CFR Parts 26 and Training funds into our Public Law 102– 477 Plan? the Assistant Secretary—Indian Affairs 27 26.23 What is an Individual Self- or his designated representative. Employment, Grant programs— Sufficiency Plan (ISP)? On-the-Job-Training (OJT) means a Indians, Indians—Adult education, Subpart B—Job Placement Services written agreement for an employer to Indians—Vocational education, provide training to a participant who 26.24 What is the scope of the Job engages in productive work that Manpower training programs— Placement Program? Occupational training. 26.25 What constitutes a complete Job provides knowledge or skills essential to Dated: February 14, 2008. Placement Program application? the full and adequate performance of the job. The employer receives Carl J. Artman, 26.26 What job placement services may I receive? reimbursement from the Job Training Assistant Secretary—Indian Affairs. 26.27 What kind of job placement support Program for the wage rate of the For the reasons given in the preamble, services can I expect? participant. OJT may last as long as under the authority of 5 U.S.C. 301 and 26.28 What follow-up services are available needed to meet the goal(s) in the sections 463 and 465 of the Revised after I become employed? participant’s ISP. Statutes, 25 U.S.C. 2 and 9, the Subpart C—Training Services Permanent Employment means a year- Department of the Interior proposes to round job or one that re-occurs amend Part 26 and Part 27 of Title 25, 26.29 What is the scope of the Job Training Program? seasonally, lasting at least 90 days per Chapter I of the Code of Federal 26.30 Does the Job Training Program work season. Regulations as set forth below. provide part-time training or short-term Service Area means a location agreed Title 25—Indians training? to by the tribe with the Bureau to 26.31 May I repeat my job training? provide Job Training and Placement Chapter I—Bureau of Indian Affairs, 26.32 What constitutes a complete Job Services. Department of the Interior Training Program application? Servicing Office means the Bureau 26.33 How do I show that I need job 1. Revise part 26 to read as follows: office or the office of the tribal service training? provider that administers the Job PART 26—JOB PLACEMENT AND 26.34 What type of job training assistance may be approved? Training and Placement Program. TRAINING PROGRAM 26.35 What kind of support services are Tribal Governing Body means the recognized entity empowered to Subpart A—General Applicability available to me? 26.36 What follow-up service is available exercise governmental authority over a Sec. after I complete training? federally recognized tribe.

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Tribal Service Provider means a tribe § 26.5 Who may be eligible for Job § 26.12 Who provides the Job Placement or tribal organization that administers Placement and Training? and Training? the Job Training and Placement Program You may apply for assistance for The Bureau or a tribal service pursuant to Public Law 93–638 or employment or training if all of the provider may enter into contracts or Public Law 102–477. following criteria are met: agreements to provide facilities and Tribe means any tribal entity listed in (a) You meet the definition of Indian services required for vocational training the Federal Register notice that the in § 26.1; and programs with: Secretary of the Interior publishes under (b) You are residing on or near an (a) Indian tribal governing bodies. Public Law 103–454, 108 Stat. 4791. Indian reservation or in a service area; Training programs not operated by the and tribe may be approved by the tribal Underemployed means an individual (c) You are unemployed or service provider. who is working but whose income is underemployed or need and can benefit (b) Appropriate Federal, state, or local insufficient to meet essential needs. from employment assistance as government agencies; Unemployed means an individual determined by your servicing office; and (c) Public or private schools with a who is not currently working or (d) You complete an ISP. recognized reputation in vocational employed. education and successfully obtaining Unmet need means the difference § 26.6 Who is eligible to receive financial employment for graduates; between available resources and the cost assistance? (d) Education firms that operate associated with finding gainful Financial assistance is only available residential training centers; and employment. to persons: (e) Corporations and associations or Vocational Training means technical (a) Approved for training that will small business establishments with training that leads to permanent and lead to permanent, gainful and apprenticeship or on-the-job training gainful employment. meaningful employment; or programs leading to a skilled (b) Who have obtained a job and need employment. We, us or our means the Secretary of financial assistance to retain the job, as the Interior, or an official in the Office determined by the servicing office. § 26.13 How long may I be in training and of the Assistant Secretary—Indian how long can I receive other assistance? Affairs, or an official in the Bureau of § 26.7 How is financial need established? (a) Your training at any approved Indian Affairs to whom the Secretary You must show that current income institution, apprenticeship, and/or on- has delegated authority. and other available resources are not the-job training must not exceed 24 sufficient to meet employment or § 26.2 Who authorizes this collection of months (see § 26.18 for full-time information? training goals. definition) of full-time actual training hours. The information collection § 26.8 Where do I go to apply for Job Placement and Training assistance? (b) Registered nurse training must not requirement contained in § 26.9 has exceed 36 months of full actual training You may apply for Job Placement and been approved by the Office of hours. Management and Budget under the Training assistance at the servicing (c) You may receive other financial Paperwork Reduction Act of 1995, 44 office nearest to your current residence. assistance under this program U.S.C. 3507(d), and assigned clearance § 26.9 How do I apply for assistance? determined by your ISP that you have number OMB 1076–0062. This (a) You should contact the BIA office developed with your tribal service information is collected to determine provider. whether an Indian person is eligible to or the tribal service provider which is participate in the Job Placement and nearest to your current residence to get § 26.14 What or who is a service provider? Training Program and to determine the an application form; and A service provider is an amount of assistance needed. (b) You must complete the application administrative unit of a BIA Regional process as established by your servicing Office, a BIA Agency Office, a BIA Field § 26.3 What is the purpose of the Job office; and Office, a Tribal contracted office, or Placement and Training Program? (c) You must complete and sign an Alaska Native Federally Recognized ISP. The purpose of the Job Placement and Tribe, or a tribal organization, that Training Program is to assist eligible § 26.10 When will I find out if I have been provides grants to help offset the cost of clients to obtain job skills and to find selected for Job Placement and Training vocational or technical training (at and retain a job leading to self- assistance? approved places), or immediate job sufficiency. (a) Your servicing office will notify placement services. To the extent § 26.4 Who administers the Job Placement you in writing within 30 calendar days resources will allow, other kinds of and Training Program? once it receives a completed job training support service may also be available. application request; or The Job Placement and Training (b) Your servicing office will notify § 26.15 What makes an applicant eligible for Job Placement and Training services? Program is administered by the Bureau you within five business days once it of Indian Affairs or a tribal service has received a completed Job Placement A person is eligible for services if the provider. Tribes are encouraged to application and written job offer. applicant meets the definition of an provide services directly to Indians by American Indian or Alaska Native, who either entering into a Public Law 93–638 § 26.11 What type of Job Placement and can demonstrate an unmet need and contract with the Bureau or a compact Training assistance may be approved? show a need for job training or with the Office of Self-Governance. Services provided may include placement services in order to become Tribes may also consolidate Job funding for employment, training or gainfully and meaningfully employed. Placement and Training Program funds supplemental assistance that supports Someone who is skilled, but needs in accordance with the provisions of the job placement or training activities (see financial assistance to get to a job, and Indian Employment, Training, and subpart B of this part for Job Placement one who shows an aptitude and Related Services Demonstration Act of or subpart C of this part for Training potential to benefit from this service is 1992, Public Law 102–477. Services). also eligible for services.

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§ 26.16 If I am awarded financial § 26.20 Can I be required to return (c) An accepted official document that assistance, how much will I receive? portions of my grant? shows the formal relationship between (a) The amount of financial assistance Yes, grants are awarded for a specific the applicant and a federally-recognized you receive depends on your unmet purpose as described in the applicant’s tribe and/or a document that shows an needs. If applicable, you should apply ISP. If the funds cannot be spent applicant’s eligibility for services. for: according to the ISP, the unused portion (d) A statement by the service (1) A Pell Grant if your training must be immediately returned to the provider that the applicant has been institution offers this grant. service provider’s job placement and declared eligible for services. (2) Other education grants or loans for training budget. (e) A financial statement that reflects which you may qualify. the applicants’ unmet need. § 26.21 Can this program be combined (f) An employer certification that the (b) The Bureau or tribal service with other similar programs for maximum provider will award financial assistance benefit? applicant has been hired. The certification shall include, at a up to the level of your unmet need to Yes, combining this program with the extent resources are available. It is minimum: job title, beginning date, other programs is encouraged, to the beginning wage, date first full paycheck possible that the combination of extent that laws governing program available financial assistance will not will be issued, and expected duration of services permit partnering with similar the job. equal your financial need. programs and resources. § 26.17 Can more than one family member § 26.26 What Job Placement services may § 26.22 May we integrate Job Placement I receive? be financially assisted at the same time? and Training funds into our Public Law 102– Yes, more than one family member 477 Plan? As determined by the service provider, you may receive any of the can be assisted, providing that each Yes, tribes may integrate Job following services such as applicant is eligible. Placement and Training Program funds transportation to work for a limited into their Public Law 102–477 Plan. § 26.18 What kinds of supportive services period, funds to finalize your job are available? § 26.23 What is an Individual Self- resume, and job placement assistance. The BIA or tribal service provider Sufficiency Plan (ISP)? § 26.27 What kind of Job Placement may provide, but is not limited to, the (a) An ISP is a document that: support services can I expect? following: (1) Spells out the details necessary for Service office representatives will (a) Assistance in completing an a client to assume a meaningful job make the determination of what support application form and supporting (usually within a short period); documents. services are necessary and to be funded. (2) Supplements the application Examples of job placement support (b) A description of the Job Placement process and includes needed finances, services include, but are not limited to, and Training Program and related special clothing, transportation, and resume preparation, interview services. support services necessary for techniques, job retention, and related (c) An assessment of eligibility. employment; resourceful living skills. (d) An assessment of need for (3) Identifies all financial resources employment services (or a combination and defines the employment or training § 26.28 What follow-up services are of training and employment services). objective and activities planned to reach available after I become employed? (e) The creation of an ISP (which may the objective; As determined by the service include training and other support (4) Outlines how the applicant will provider, the following type of services services). participate in job placement, where may be available to you: temporary (f) Counseling services that address resources will allow. housing, transportation to work for a cultural differences and strengthen (b) The employer’s job information limited period of time, work clothing, probability of client success. and offer should be attached to the ISP, and childcare. (g) Referral to other appropriate which becomes a part of the application services. (and supporting documents). Subpart C—Training services (c) The ISP must indicate that the (h) Youth work experience. § 26.29 What is the scope of the Job (i) Tools for employment. services received will meet the Training Program? individual’s and tribal goals. (j) Initial union dues. A service provider may offer career (k) Transportation of household Subpart B—Job Placement Services counseling, recommend training effects. institutions that properly prepare (l) Security and safety deposits. § 26.24 What is the scope of the Job applicants for entry into their career (m) Items to improve personal Placement Program? field, and help prepare applicants for appearance such as professional work The Job Placement Program assists gainful employment to the extent clothing. Indian people who have job skills to program funding will allow and based (n) Housewares such as bedding and obtain and retain gainful employment on applicants’ established need. appliances. toward self-sufficiency. (o) Childcare. § 26.30 Does the Job Training Program § 26.25 What constitutes a complete Job provide part-time training or short-term § 26.19 Will I be required to contribute Placement Program application? training? financially to my employment and training (a) An application form signed by the Yes, part-time and short-term training goals? applicant and servicing office are allowable provided the training Yes, Job Placement and Training representative. assists individuals to develop skills Program clients are required to seek (b) An ISP, including a list of goods necessary to acquire gainful other funding, including the use of and services needed to get the applicant employment, in accordance with the personal resources as a condition of to the job, signed by the applicant and ISP, and depending upon availability of their ISP. servicing representative. resources. Part-time means no less than

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six credit units per semester (based on (a) Nationally accredited vocational § 26.37 Are there training standards that I a nine-month school year). training, must follow? (b) Training and non-accredited Yes, students must maintain the § 26.31 May I repeat my training? vocational courses provided by a tribe, Eligibility for repeat training and (c) Training programs not operated by minimum academic requirements and other financial assistance will be the tribe but approved by the service be in good standing as set forth by the determined by your tribal service provider, training institute. If an applicant is provider. (d) Apprenticeship training separated from training for good cause, supervised by a state apprenticeship the applicant may be responsible for § 26.32 What constitutes a complete Job agency or council or by the Federal repaying any portion of misused funds. Training Program application? Apprenticeship Training Service that is A request for training includes: provided by a corporation or association Subpart D—Appeal by an Applicant (a) Completed application form, that has been training bona fide (b) ISP, § 26.38 May I appeal a decision about my apprentices for at least one year or any application? (c) Tribal affiliation document, other apprenticeship program approved (d) Selective Service registration, by the service provider, or If the servicing agency denies your (e) Letter of acceptance from school, (e) On-the-job training offered by a application you may appeal under 25 (f) Statement of financial need, and public or private business that provides CFR Part 2 by sending your appeal to (g) Statement of eligibility. technical training. your service provider. You will be § 26.33 How do I show I need job training? § 26.35 What kind of support services are provided with the information on how The need for Job Placement and available to me? to appeal the decision in the decision Training is shown by completing an As determined by the service letter. application for training and provider, training support services PART 27—[REMOVED] demonstrating financial need. include, but are not limited to, stipends, public transportation, and childcare. § 26.34 What type of training assistance 2. Remove part 27. may be approved? § 26.36 What follow-up service is available [FR Doc. E8–7304 Filed 4–8–08; 8:45 am] The following types of training that after I complete training? BILLING CODE 4310–4M–P lead to gainful employment may be Job Placement assistance may follow approved: training.

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Notices Federal Register Vol. 73, No. 69

Wednesday, April 9, 2008

This section of the FEDERAL REGISTER Office of Management and Budget in unemployment compensation; (9) contains documents other than rules or conformance with Executive Order government civilian employee or proposed rules that are applicable to the 12866. military retirement, or pensions or public. Notices of hearings and investigations, These programs are listed in the veterans payments; (10) private committee meetings, agency decisions and Catalog of Federal Domestic Assistance pensions or annuities; (11) alimony or rulings, delegations of authority, filing of under No. 10.553, No. 10.555, No. petitions and applications and agency child support payments; (12) regular statements of organization and functions are 10.556, No. 10.558 and No. 10.559 and contributions from persons not living in examples of documents appearing in this are subject to the provisions of the household; (13) net royalties; and section. Executive Order 12372, which requires (14) other cash income. Other cash intergovernmental consultation with income would include cash amounts State and local officials. (See 7 CFR Part received or withdrawn from any source DEPARTMENT OF AGRICULTURE 3015, Subpart V, and the final rule including savings, investments, trust related notice published at 48 FR 29114, accounts and other resources that would Food and Nutrition Service June 24, 1983.) be available to pay the price of a child’s Background meal. Child Nutrition Programs—Income ‘‘Income,’’ as the term is used in this Eligibility Guidelines Pursuant to sections 9(b)(1) and Notice, does not include any income or 17(c)(4) of the Richard B. Russell AGENCY: Food and Nutrition Service, benefits received under any Federal National School Lunch Act (42 U.S.C. USDA. programs that are excluded from 1758(b)(1) and 42 U.S.C. 1766(c)(4)), consideration as income by any ACTION: Notice. and sections 3(a)(6) and 4(e)(1)(A) of the statutory prohibition. Furthermore, the SUMMARY: This Notice announces the Child Nutrition Act of 1966 (42 U.S.C. value of meals or milk to children shall Department’s annual adjustments to the 1772(a)(6) and 1773(e)(1)(A)), the not be considered as income to their Income Eligibility Guidelines to be used Department annually issues the Income households for other benefit programs in determining eligibility for free and Eligibility Guidelines for free and in accordance with the prohibitions in reduced price meals and free milk for reduced price meals for the National section 12(e) of the Richard B. Russell the period from July 1, 2008 through School Lunch Program (7 CFR Part 210), National School Lunch Act and section June 30, 2009. These guidelines are used the Commodity School Program (7 CFR 11(b) of the Child Nutrition Act of 1966 by schools, institutions, and facilities Part 210), School Breakfast Program (7 (42 U.S.C. 1760(e) and 1780(b)). CFR Part 220), Summer Food Service participating in the National School The Income Eligibility Guidelines Lunch Program (and Commodity School Program (7 CFR Part 225) and Child and Program), School Breakfast Program, Adult Care Food Program (7 CFR Part The following are the Income Special Milk Program for Children, 226) and the guidelines for free milk in Eligibility Guidelines to be effective Child and Adult Care Food Program and the Special Milk Program for Children from July 1, 2008 through June 30, 2009. Summer Food Service Program. The (7 CFR Part 215). These eligibility The Department’s guidelines for free annual adjustments are required by guidelines are based on the Federal meals and milk and reduced price meals section 9 of the Richard B. Russell income poverty guidelines and are were obtained by multiplying the year National School Lunch Act. The stated by household size. The guidelines 2008 Federal income poverty guidelines guidelines are intended to direct are used to determine eligibility for free by 1.30 and 1.85, respectively, and by benefits to those children most in need and reduced price meals and free milk rounding the result upward to the next and are revised annually to account for in accordance with applicable program whole dollar. rules. This Notice displays only the annual changes in the Consumer Price Index. Federal poverty guidelines issued by the DATES: Effective Date: July 1, 2008. Definition of Income Department of Health and Human FOR FURTHER INFORMATION CONTACT: Mr. In accordance with the Department’s Services figures because the monthly Robert M. Eadie, Chief, Policy and policy as provided in the Food and and weekly Federal poverty guidelines Program Development Branch, Child Nutrition Service publication Eligibility are not used to determine the Income Nutrition Division, FNS, USDA, Guidance for School Meals Manual, Eligibility Guidelines. The chart details Alexandria, Virginia 22302, or by phone ‘‘income,’’ as the term is used in this the free and reduced price eligibility at (703) 305–2590. Notice, means income before any criteria for monthly income, income SUPPLEMENTARY INFORMATION: This deductions such as income taxes, Social received twice monthly (24 payments action is not a rule as defined by the Security taxes, insurance premiums, per year), income received every two Regulatory Flexibility Act (5 U.S.C. charitable contributions and bonds. It weeks (26 payments per year) and 601–612) and thus is exempt from the includes the following: (1) Monetary weekly income. provisions of that Act. compensation for services, including Income calculations are made based In accordance with the Paperwork wages, salary, commissions or fees; (2) on the following formulas: Monthly Reduction Act of 1995 (44 U.S.C. 3507), net income from nonfarm self- income is calculated by dividing the no new recordkeeping or reporting employment; (3) net income from farm annual income by 12; twice monthly requirements have been included that self-employment; (4) Social Security; (5) income is computed by dividing annual are subject to approval from the Office dividends or interest on savings or income by 24; income received every of Management and Budget. bonds or income from estates or trusts; two weeks is calculated by dividing This notice has been determined to be (6) net rental income; (7) public annual income by 26; and weekly not significant and was reviewed by the assistance or welfare payments; (8) income is computed by dividing annual

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income by 52. All numbers are rounded family of four in the 48 contiguous of 2.7% over last year’s level for a upward to the next whole dollar. The states, the District of Columbia, Guam family of the same size. numbers reflected in this notice for a and the territories represent an increase INCOME ELIGIBILITY GUIDELINES [Effective from July 1, 2008 to June 30, 2009]

Federal Reduced price meals—185% Free meals—130% poverty Household size guidelines Twice Every Annual Monthly Twice per Every two Weekly Annual Monthly per two Week- Annual month weeks month weeks ly

48 Contiguous States, District of Columbia, Guam, and Territories

1 ...... 10,400 19,240 1,604 802 740 370 13,520 1,127 564 520 260 2 ...... 14,000 25,900 2,159 1,080 997 499 18,200 1,517 759 700 350 3 ...... 17,600 32,560 2,714 1,357 1,253 627 22,880 1,907 954 880 440 4 ...... 21,200 39,220 3,269 1,635 1,509 755 27,560 2,297 1,149 1,060 530 5 ...... 24,800 45,880 3,824 1,912 1,765 883 32,240 2,687 1,344 1,240 620 6 ...... 28,400 52,540 4,379 2,190 2,021 1,011 36,920 3,077 1,539 1,420 710 7 ...... 32,000 59,200 4,934 2,467 2,277 1,139 41,600 3,467 1,734 1,600 800 8 ...... 35,600 65,860 5,489 2,745 2,534 1,267 46,280 3,857 1,929 1,780 890 For each add’l family member, add ...... 3,600 6,660 555 278 257 129 4,680 390 195 180 90

Alaska

1 ...... 13,000 24,050 2,005 1,003 925 463 16,900 1,409 705 650 325 2 ...... 17,500 32,375 2,698 1,349 1,246 623 22,750 1,896 948 875 438 3 ...... 22,000 40,700 3,392 1,696 1,566 783 28,600 2,384 1,192 1,100 550 4 ...... 26,500 49,025 4,086 2,043 1,886 943 34,450 2,871 1,436 1,325 663 5 ...... 31,000 57,350 4,780 2,390 2,206 1,103 40,300 3,359 1,680 1,550 775 6 ...... 35,500 65,675 5,473 2,737 2,526 1,263 46,150 3,846 1,923 1,775 888 7 ...... 40,000 74,000 6,167 3,084 2,847 1,424 52,000 4,334 2,167 2,000 1,000 8 ...... 44,500 82,325 6,861 3,431 3,167 1,584 57,850 4,821 2,411 2,225 1,113 For each add’l family member, add ...... 4,500 8,325 694 347 321 161 5,850 488 244 225 113

Hawaii

1 ...... 11,960 22,126 1,844 922 851 426 15,548 1,296 648 598 299 2 ...... 16,100 29,785 2,483 1,242 1,146 573 20,930 1,745 873 805 403 3 ...... 20,240 37,444 3,121 1,561 1,441 721 26,312 2,193 1,097 1,012 506 4 ...... 24,380 45,103 3,759 1,880 1,735 868 31,694 2,642 1,321 1,219 610 5 ...... 28,520 52,762 4,397 2,199 2,030 1,015 37,076 3,090 1,545 1,426 713 6 ...... 32,660 60,421 5,036 2,518 2,324 1,162 42,458 3,359 1,770 1,633 817 7 ...... 36,800 68,080 5,674 2,837 2,619 1,310 47,840 3,987 1,994 1,840 920 8 ...... 40,940 75,739 6,312 3,156 2,914 1,457 53,222 4,436 2,218 2,047 1,024 For each add’l family member, add ...... 4,140 7,659 639 320 295 148 5,382 449 225 207 104

Authority: 42 U.S.C. 1758(b)(1). decisions subject to administrative of the opportunity to object to a Dated: April 4, 2008. appeal under 36 CFR parts 215 and 217 proposed authorized hazardous fuel Roberto Salazar, in the legal notice section of the reduction project under 36 CFR part Administrator. newspapers listed in the SUPPLEMENTARY 218.4 in the legal notice section of the INFORMATION section of this notice. As newspapers listed in the SUPPLEMENTARY [FR Doc. E8–7475 Filed 4–8–08; 8:45 am] provided in 36 CFR part 215.5 and 36 INFORMATION section of this notice. BILLING CODE 3410–30–P CFR part 217.5(d), the public shall be DATES: Use of these newspapers for advised through Federal Register purposes of publishing legal notice of DEPARTMENT OF AGRICULTURE notice, of the newspaper of record to be decisions subject to appeal under 36 utilized for publishing legal notice of CFR parts 215 and 217, notices of Forest Service decisions. Newspaper publication of proposed actions under 36 CFR part notice of decisions is in addition to 215, and notices of the opportunity to Newspapers To Be Used for direct notice of decisions to those who object under 36 CFR part 218 shall begin Publication of Legal Notice of have requested it and to those who have on or after the date of this publication. Appealable Decisions and Publication participated in project planning. FOR FURTHER INFORMATION CONTACT: of Notice of Proposed Actions for Responsible Officials in the Southern James W. Bennett, Regional Appeal Southern Region; Alabama, Kentucky, Region will also publish notice of Review Team Manager, Southern Georgia, Tennessee, Florida, proposed actions under 36 CFR part 215 Region, Planning, 1720 Peachtree Road, Louisiana, Mississippi, Virginia, West in the newspapers that are listed in the NW., Atlanta, Georgia 30309, Phone: Virginia, Arkansas, Oklahoma, North SUPPLEMENTARY INFORMATION section of 404/347–2788. Carolina, South Carolina, Texas, this notice. As provided in 36 CFR part SUPPLEMENTARY INFORMATION: Deciding Puerto Rico 215.5, the public shall be advised, Officers in the Southern Region will AGENCY: Forest Service, USDA. through Federal Register notice, of the give legal notice of decisions subject to ACTION: Notice. newspaper of record to be utilized for appeal under 36 CFR part 217, the publishing notices on proposed actions. Responsible Officials in the Southern SUMMARY: Deciding Officers in the Additionally, the Deciding Officers in Region will give notice of decisions Southern Region will publish notice of the Southern Region will publish notice subject to appeal under 36 CFR part 215

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and opportunity to object to a proposed Conecuh Ranger District: Polk County News, published weekly authorized hazardous fuel reduction The Andalusia Star News, published (Wednesday) in Benton, TN. project under 36 CFR part 218 in the daily (Tuesday through Saturday) in Tellico Ranger District: following newspapers which are listed Andalusia, AL. Monroe County Advocate & Democrat, by Forest Service administrative unit. Oakmulgee Ranger District: published tri-weekly (Wednesday, Responsible Officials in the Southern The Tuscaloosa News, published Friday, and Sunday) in Sweetwater, Region will also give notice of proposed daily in Tuscaloosa, AL. TN. actions under 36 CFR part 215 in the Shoal Creek Ranger District: Watauga Ranger District: following newspapers of record which The Anniston Star, published daily in Johnson City Press, published daily in are listed by Forest Service Anniston, AL. Johnson City, TN. administrative unit. The timeframe for Talladega Ranger District: Daniel Boone National Forest, comment on a proposed action shall be The Daily Home, published daily in Kentucky based on the date of publication of the Talladega, AL. notice of the proposed action in the Tuskegee Ranger District: Forest Supervisor Decisions newspaper of record. The timeframe for Tuskegee News, published weekly Lexington Herald-Leader, published appeal shall be based on the date of (Thursday) in Tuskegee, AL. daily in Lexington, KY. publication of the legal notice of the Chattahoochee-Oconee National Forest, District Ranger Decisions decision in the newspaper of record for Georgia 36 CFR parts 215 and 217. The Cumberland Ranger District: timeframe for an objection shall be Forest Supervisor Decisions Lexington Herald-Leader, published daily in Lexington, KY. based on the date of publication of the The Times, published daily in London Ranger District: legal notice of the opportunity to object Gainesville, GA for projects subject to 36 CFR part 218. The Sentinel-Echo, published tri- Where more than one newspaper is District Ranger Decisions weekly (Monday, Wednesday, and Friday) in London, KY. listed for any unit, the first newspaper Blue Ridge Ranger District: listed is the newspaper of record that Redbird Ranger District: The News Observer (newspaper of Manchester Enterprise, published will be utilized for publishing the legal record) published bi-weekly weekly (Thursday) in Manchester, notice of decisions and calculating (Tuesday & Friday) in Blue Ridge, KY. timeframes. Secondary newspapers GA. Stearns Ranger District: listed for a particular unit are those North Georgia News, (newspaper of McCreary County Record, published newspapers the Deciding Officer/ record) published weekly weekly (Tuesday) in Whitley City, Responsible Official expects to use for (Wednesday) in Blairsville, GA. KY. purposes of providing additional notice. The Dahionega Nuggett, (secondary) The following newspapers will be published weekly (Wednesday) in El Yunque National Forest, Puerto Rico used to provide notice. Dahionega, GA. Forest Supervisor Decisions Southern Region Towns County Herald, (secondary) El Nuevo Dia, published daily in published weekly (Thursday) in Regional Forester Decisions Spanish in San Juan, PR. Hiawassee, GA. San Juan Star, published daily in Affecting National Forest System Conasauga Ranger District: English in San Juan, PR. lands in more than one Administrative Daily Citizen, published daily in unit of the 15 in the Southern Region, Dalton, GA. National Forests in Florida, Florida Atlanta Journal-Constitution, published Chattooga Ranger District: Forest Supervisor Decisions daily in Atlanta, GA. The Northeast Georgian, (newspaper Affecting National Forest System of record) published bi-weekly The Tallahassee Democrat, published lands in only one Administrative unit or (Tuesday & Friday) in Cornelia, GA. daily in Tallahassee, FL. only one Ranger District will appear in Clayton Tribune, (newspaper of District Ranger Decisions the newspaper of record elected by the record) published weekly (Thursday) in Clayton, GA. Apalachicola Ranger District: National Forest, National Grassland, Calhoun-Liberty Journal, published The Toccoa Record, (secondary) National Recreation Area, or Ranger weekly (Wednesday) in Bristol, FL. District as listed below. published weekly (Thursday) in Lake George Ranger District: Toccoa, GA. National Forests in Alabama, Alabama The Ocala Star Banner, published White County News, (secondary) daily in Ocala, FL. Forest Supervisor Decisions published weekly (Thursday) in Osceola Ranger District: Cleveland, GA. Affecting National Forest System The Lake City Reporter, published Oconee Ranger District: lands in more than one Ranger District daily (Monday–Saturday) in Lake Eatonton Messenger, published of the 6 in the National Forests in City, FL. weekly (Thursday) in Eatonton, GA Alabama, Montgomery Advertiser, Seminole Ranger District: published daily in Montgomery, AL. Cherokee National Forest, Tennessee The Daily Commercial, published Affecting National Forest System lands daily in Leesburg, FL. Forest Supervisor Decisions Wakulla Ranger District: in only one Ranger District will appear The Tallahassee Democrat, published Knoxville News Sentinel, published in the newspaper of record elected by daily in Tallahassee, FL. the Ranger District as listed below. daily in Knoxville, TN. Francis Marion & Sumter National District Ranger Decisions District Ranger Decisions Forests, South Carolina Bankhead Ranger District: Nolichucky-Unaka Ranger District: Northwest Alabamian, published bi- Greeneville Sun, published daily Forest Supervisor Decisions weekly (Wednesday & Saturday) in (except Sunday) in Greeneville, TN. The State, published daily in Columbia, Haleyville, AL. Ocoee-Hiwassee Ranger District: SC.

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District Ranger Decisions Minden Press Herald, (newspaper of The Sun Journal, published daily in Andrew Pickens Ranger District: record) published daily in Minden, New Bern, NC. The Daily Journal, published daily LA. Grandfather Ranger District: (Tuesday through Saturday) in Homer Guardian Journal, (secondary) McDowell News, published daily in Seneca, SC. published weekly (Wednesday) in Marion, NC. Enoree Ranger District: Homer, LA. Nantahala Ranger District: Newberry Observer, published tri- Catahoula Ranger District: The Franklin Press, published bi- weekly (Monday, Wednesday, and The Town Talk, published daily in weekly (Tuesday and Friday) in Friday) in Newberry, SC. Alexandria, LA . Franklin, NC. Long Cane Ranger District: Kisatchie Ranger District: Pisgah Ranger District: Index-Journal, published daily in Natchitoches Times, published daily The Asheville Citizen-Times, Greenwood, SC. (Tuesday thru Friday and on published daily in Asheville, NC. Wambaw Ranger District: Sunday) in Natchitoches, LA. Tusquitee Ranger District: Post and Courier, published daily in Winn Ranger District: Cherokee Scout, published weekly Charleston, SC. Winn Parish Enterprise, published (Wednesday) in Murphy, NC. Witherbee Ranger District: weekly (Wednesday) in Winnfield, Uwharrie Ranger District: Post and Courier, published daily in LA. Montgomery Herald, published weekly (Wednesday) in Troy, NC. Charleston, SC. Land Between the Lakes National George Washington and Jefferson Recreation Area, Kentucky and Ouachita National Forest, Arkansas National Forests, Virginia and West Tennessee and Oklahoma Virginia Area Supervisor Decisions Forest Supervisor Decisions Forest Supervisor Decisions The Paducah Sun, published daily in Arkansas Democrat-Gazette, published Roanoke Times, published daily in Paducah, KY. daily in Little Rock, AR. Roanoke, VA. National Forests in Mississippi, District Ranger Decisions District Ranger Decisions Mississippi Caddo-Womble Ranger District: Clinch Ranger District: Forest Supervisor Decisions Arkansas Democrat-Gazette, Coalfield Progress, published bi- Clarion-Ledger, published daily in published daily in Little Rock, AR. weekly (Tuesday and Thursday) in Jackson, MS. Jessieville-Winona-Fourche Ranger Norton, VA. District: North River Ranger District: District Ranger Decisions. Arkansas Democrat-Gazette, Daily News Record, published daily Bienville Ranger District: published daily in Little Rock, AR. (except Sunday) in Harrisonburg, Clarion-Ledger, published daily in Mena-Oden Ranger District: VA. Jackson, MS. Arkansas Democrat-Gazette, Glenwood-Pedlar Ranger District: Chickasawhay Ranger District: published daily in Little Rock, AR. Roanoke Times, published daily in Clarion-Ledger, published daily in Oklahoma Ranger District: Roanoke, VA. Jackson, MS. (Choctaw; Kiamichi; and Tiak) Tulsa James River Ranger District: Delta Ranger District: World, published daily in Tulsa, Virginian Review, published daily Clarion-Ledger, published daily in OK. (except Sunday) in Covington, VA. Jackson, MS. Poteau-Cold Springs Ranger District: Lee Ranger District: De Soto Ranger District: Arkansas Democrat-Gazette, Shenandoah Valley Herald, published Clarion Ledger, published daily in published daily in Little Rock, AR. weekly (Wednesday) in Woodstock, Jackson, MS. Ozark-St. Francis National Forests, VA. Holly Springs Ranger District: Arkansas Mount Rogers National Recreation Area: Clarion-Ledger, published daily in Bristol Herald Courier, published Jackson, MS. Forest Supervisor Decisions daily in Bristol, VA. Homochitto Ranger District: The Courier, published daily (Tuesday Eastern Divide Ranger District: Clarion-Ledger, published daily in through Sunday) in Russellville, AR . Roanoke Times, published daily in Jackson, MS. Roanoke, VA. Tombigbee Ranger District: District Ranger Decisions Warm Springs Ranger District: Clarion-Ledger, published daily in Bayou Ranger District: The Recorder, published weekly Jackson, MS. The Courier, published daily (Thursday) in Monterey, VA. National Forests in North Carolina, (Tuesday through Sunday) in Kisatchie National Forest, Louisiana North Carolina Russellville, AR. Boston Mountain Ranger District: Forest Supervisor Decisions Forest Supervisor Decisions Southwest Times Record, published The Town Talk, published daily in The Asheville Citizen-Times, published daily in Fort Smith, AR. Alexandria, LA. daily in Asheville, NC. Buffalo Ranger District: Newton County Times, published District Ranger Decisions District Ranger Decisions weekly in Jasper, AR. Calcasieu Ranger District: Appalachian Ranger District: Magazine Ranger District: The Town Talk, (newspaper of record) The Asheville Citizen-Times, Southwest Times Record, published published daily in Alexandria, LA. published daily in Asheville, NC. daily in Fort Smith, AR. The Leesville Daily Leader, Cheoah Ranger District: Pleasant Hill Ranger District: (secondary) published daily in Graham Star, published weekly Johnson County Graphic, published Leesville, LA. (Thursday) in Robbinsville, NC. weekly (Wednesday) in Clarksville, Caney Ranger District: Croatan Ranger District: AR.

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St. Francis National Forest: likely would either disclose matters that should contact Alfreda Greene, The Daily World, published daily would be properly classified to be kept Secretary, 202–376–7533, TTY 202– (Sunday through Friday) in Helena, secret in the interest of foreign policy 376–8116 or by e-mail: AR. under the appropriate executive order (5 [email protected]. Sylamore Ranger District: U.S.C. 552b(c)(1)) or would disclose Hearing impaired persons who will Stone County Leader, published information the premature disclosure of attend the meeting and require the weekly (Wednesday) in Mountain which would be likely to significantly service of a sign language interpreter View, AR. frustrate implementation of a proposed should contact the Regional Office at National Forests and Grasslands in agency action. (5 U.S.C. 552b(c)(9)(B)) In least ten (10) working days before the Texas, Texas addition, part of the discussion will scheduled date of the meeting. relate solely to the internal personnel Records generated from this meeting Forest Supervisor Decisions and organizational issues of the BBG or may be inspected and reproduced at the The Lufkin Daily News, published daily the International Broadcasting Bureau. Eastern Regional Office, as they become in Lufkin, TX (5 U.S.C. 552b(c)(2) and (6)) available, both before and after the For More Information Contact: meeting. Persons interested in the work District Ranger Decisions Persons interested in obtaining more of this advisory committee are advised Angelina National Forest: information should contact Timi to go to the Commission’s Web site, The Lufkin Daily News, published Nickerson Kenealy at (202) 203–4545. http://www.usccr.gov, or to contact the daily in Lufkin, TX. Dated: April 2, 2008. Eastern Regional Office at the above Caddo & LBJ National Grasslands: Timi Nickerson Kenealy, e-mail or street address. Denton Record-Chronicle, published Acting Legal Counsel. The meeting will be conducted daily in Denton, TX. [FR Doc. E8–7343 Filed 4–8–08; 8:45 am] pursuant to the provisions of the rules Davy Crockett National Forest: and regulations of the Commission and BILLING CODE 8610–01–M The Lufkin Daily News, published the Federal Advisory Committee Act. daily in Lufkin, TX. Dated in Washington, DC, April 3, 2008. Sabine National Forest: The Lufkin Daily News, published COMMISSION ON CIVIL RIGHTS Christopher Byrnes, daily in Lufkin, TX. Chief, Regional Programs Coordination Unit. Sam Houston National Forest: Agenda and Notice of Public Meeting [FR Doc. E8–7411 Filed 4–8–08; 8:45 am] of the New Jersey Advisory Committee The Courier, published daily in BILLING CODE 6335–01–P Conroe, TX. Notice is hereby given, pursuant to Dated: April 1, 2008. the provisions of the rules and regulations of the U.S. Commission on Jane L. Cottrell, DEPARTMENT OF COMMERCE Deputy Regional Forester. Civil Rights and the Federal Advisory [FR Doc. E8–7310 Filed 4–8–08; 8:45 am] Committee Act, that an orientation Economic Development Administration meeting, briefing meeting, and planning BILLING CODE 3410–11–M meeting of the New Jersey Advisory Notice of Petitions by Firms for Committee of the U.S. Commission on Determination of Eligibility to Apply for Civil Rights will convene at 10 a.m. and BROADCASTING BOARD OF Trade Adjustment Assistance adjourn at 3 p.m. on Friday, April 25, GOVERNORS 2008, at the Legislative Annex of the AGENCY: Economic Development Closed Meeting State House, 125 West State Street, Administration, Department of Room 1, Trenton, New Jersey 08625– Commerce. Date and Time: Wednesday, April 9, 0099. ACTION: Notice and Opportunity for 2008, 2:45 p.m.–3:30 p.m. The purpose of these meetings is to Public Comment. Place: Radio Free Asia Conference inform members about the rules and Room, 2025 M Street, NW., Washington, procedures applicable to federal Pursuant to section 251 of the Trade DC 20036. advisory committee operations, to hear Act of 1974 (19 U.S.C. 2341 et seq.), the The members of the Broadcasting presentations from experts in fair Economic Development Administration Board of Governors (BBG) will meet in housing and other civil rights matters in (EDA) has received petitions for closed session to review and discuss a the state, and to discuss the committee’s certification of eligibility to apply for number of issues relating to U.S. future project planning. Trade Adjustment Assistance from the Government-funded nonmilitary Members of the public are entitled to firms listed below. EDA has initiated international broadcasting. They will submit written comments; the separate investigations to determine address internal procedural, budgetary, comments must be received in the whether increased imports into the and personnel issues, as well as Eastern Regional Office by May 26, United States of articles like or directly sensitive foreign policy issues relating 2008. The address is 624 Ninth Street, competitive with those produced by to potential options in the U.S. NW., Washington, DC 20425. Persons each firm contributed importantly to the international broadcasting field. This wishing to e-mail their comments, or total or partial separation of the firm’s meeting is closed because if open it who desire additional information workers, or threat.

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LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT APRIL 1, 2008 THROUGH APRIL 30, 2008

Date ac- Firm Address cepted for Products filing

Hancock Lumber Co., Inc ...... P.O. Box 299, 4 Edes Falls 3/28/08 Produce Eastern White Pine lumber and by-products. Road, Casco, Maine 04015. Mason Box Company ...... 521 Mt. Hope Street, North At- 3/27/08 Manufactures custom and stock gift greeting card boxes, jew- tleboro, MA 02760. elry boxes, candy boxes, security mail boxes and medical lab boxes. Brown Street Furniture, LLC .... P.O. Box 278, 87 Brown Street 4/1/08 Produces case goods from a variety of hardwoods—cherry, maple, ash, and pine. Neu Dynamics Corporation ...... 110 Steamwhistle Drive. 3/25/08 Manufactures precision molds and dies. Ivyland, PA 18974. Hilltop Precision Machining, Inc 527 Gitts Run Road, Hanover, 3/7/08 Services provide tooling, fixtures, and wear parts of several PA 17331. markets which include automotive. DaveCo Industries, Inc ...... 3903 Cavalier Drive. Garland, 1/15/08 Sheet metal fabricating and assembling prototype machines. TX 75042. A&W Products, Co., Inc ...... 14 Garner Street, Port Jervis, 3/28/08 Manufacturer of wood (masonite) clipboards. NY 12771. Country Candle Co., Inc ...... 22 West Street, Millbury, MA 3/31/08 Manufactures candles and scented candles. 01527. Precision Manufacturing Tech- 364 Bonny Street, Grand Junc- 3/6/08 Process metal by using a range of tooling procedures, may be nologies, Inc. tion, CO 81501. plated if necessary. Burke E. Porter Machinery 730 Plymouth NE., Grand Rap- 3/16/08 Measuring and checking instruments for automotive assembly Company. ids, MI 49505. line testing. Accent Displays, Inc ...... 2560 Madison Avenue, Balti- 4/1/08 Produce display tradeshows and provide creative design fab- more, MD 21632. rication and installation. For various industries’ exhibits.

Any party having a substantial Foreign–Trade Zones Board (the Board) examiner’s report, and finds that the interest in these proceedings may adopts the following Order: requirements of the FTZ Act and the request a public hearing on the matter. Whereas, the Foreign–Trade Zones Board’s regulations would be satisfied, A written request for a hearing must be Act provides for ’’...the establishment... and that approval of the application submitted to the Office of Performance of foreign–trade zones in ports of entry would be in the public interest if subject Evaluation, Room 7009, Economic of the United States, to expedite and to the restrictions and limitations listed encourage foreign commerce, and for Development Administration, U.S. below; Department of Commerce, Washington, other purposes,’’ and authorizes the DC 20230, no later than ten (10) Foreign–Trade Zones Board to grant to Now, therefore, the Board hereby calendar days following publication of qualified corporations the privilege of grants authority for subzone status for this notice. Please follow the procedures establishing foreign–trade zones in or activity related to silicone–based set forth in section 315.9 of EDA’s final adjacent to U.S. Customs and Border products and intermediaries rule (71 FR 56704) for procedures for Protection ports of entry; manufacturing at the facility of MPM requesting a public hearing. The Catalog Whereas, the Board’s regulations (15 Silicones, LLC, located in Waterford, of Federal Domestic Assistance official CFR Part 400) provide for the New York (Subzone 121C), as described program number and title of the establishment of special–purpose in the application and Federal Register program under which these petitions are subzones when existing zone facilities notice, and subject to the FTZ Act and submitted is 11.313, Trade Adjustment cannot serve the specific use involved, the Board’s regulations, including Assistance. and when the activity results in a Section 400.28, and subject to the significant public benefit and is in the Dated: April 2, 2008. following restrictions and limitations: public interest; William P. Kittredge, Whereas, the Capital District Regional 1. Silicon metal subject to an Program Officer for TAA. Planning Commission, grantee of antidumping or countervailing duty [FR Doc. E8–7456 Filed 4–8–08; 8:45 am] Foreign–Trade Zone 121, has made order that is admitted into the BILLING CODE 3510–24–P application to the Board for authority to subzone in foreign status must establish a special–purpose subzone at ultimately be re–exported the silicone–based products and (regardless of whether it has been DEPARTMENT OF COMMERCE intermediaries manufacturing and manufactured into a downstream product). Foreign–Trade Zones Board warehousing facility of MPM Silicones, LLC located in Waterford, New York Order No. 1554 (FTZ Docket 4–2007, filed 2–2–07); 2. Admission of foreign–status silicon Whereas, notice inviting public Grant of Authority for Subzone Status, comment was given in the Federal metal subject to an antidumping or MPM Silicones, LLC (Silicone–Based Register (72 FR 6518, 2/12/07; 72 FR countervailing duty order is limited Products and Intermediaries), 16764, 4–5–07; 72 FR 24272, 5–2–07; 72 to 10,000 metric tons per year. Waterford, New York FR 53989, 9–21–07) and a public 3. Approval is for an initial period of Pursuant to its authority under the hearing was held on 4–18–07; and, five-years, subject to extension Foreign–Trade Zones Act, of June 18, 1934, Whereas, the Board adopts the upon review. as amended (19 U.S.C. 81a–81u), the findings and recommendations of the

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Signed at Washington, DC, this 28th day of FOR FURTHER INFORMATION CONTACT: vanadium, vanadium–aluminum master March 2008. Juanita H. Chen; AD/CVD Operations, alloys, vanadium chemicals, vanadium David M. Spooner, Import Administration, International oxides, vanadium waste and scrap, and Trade Administration, U.S. Department Assistant Secretary of Commercefor Import vanadium–bearing raw materials such Administration, Alternate Chairman, of Commerce, 14th Street and as slag, boiler residues and fly ash. Foreign–Trade Zones Board. Constitution Avenue, NW, Washington, Merchandise under the Harmonized Attest: DC 20230; telephone: 202–482–1904. Tariff Schedule of the United States Andrew McGilvray, SUPPLEMENTARY INFORMATION: (‘‘HTSUS’’) item numbers 2850.00.2000, 8112.40.3000, and 8112.40.6000 are Executive Secretary. Background specifically excluded. Ferrovanadium is [FR Doc. E8–7473 Filed 4–8–08; 8:45 am] On December 3, 2007, the Department classified under HTSUS item number BILLING CODE 3510–DS–S initiated sunset reviews of the PRC 7202.92.00. Although the HTSUS item Order and South Africa Order on number is provided for convenience and ferrovanadium pursuant to section customs purposes, the Department(s DEPARTMENT OF COMMERCE 751(c) of the Act. See Sunset Initiations. written description of the scope of these On December 18, 2007, the Department International Trade Administration orders remains dispositive. received timely notices of intent to participate in both sunset reviews (as ANALYSIS OF COMMENTS RECEIVED A–570–873 ; A–791–815 joint submissions) from the Vanadium A complete discussion of all issues Producers and Reclaimers Association Ferrovanadium from the People(s raised in these sunset reviews is (‘‘VPRA’’), and its members Gulf addressed in the accompanying Issues Republic of China and the Republic of Chemical & Metallurgical Corporation South Africa: Final Results of the and Decision Memorandum, which is (‘‘Gulf’’), Gulf(s wholly owned hereby adopted by this notice. See Expedited Sunset Reviews of the subsidiary Bear Metallurgical Company Antidumping Duty Orders ‘‘Issues and Decision Memorandum for (‘‘Bear Metallurgical’’), Metallurg the Final Results in the Expedited AGENCY: Import Administration, Vanadium Corporation (‘‘MVC’’), and Sunset Reviews of the Antidumping International Trade Administration, Strategic Minerals Corporation (on Duty Orders on Ferrovanadium from the Department of Commerce. behalf of its wholly owned subsidiary, People(s Republic of China and from the SUMMARY: On December 3, 2007, the Stratcor, Inc.) (‘‘Stratcor’’) (collectively Republic of South Africa,’’ from Department of Commerce ‘‘Domestic Producers’’), pursuant to 19 Stephen J. Claeys, Deputy Assistant (‘‘Department’’) initiated sunset reviews C.F.R. 351.218(d)(1)(i). In accordance Secretary, to David M. Spooner, of the antidumping duty orders on with 19 C.F.R. 351.218(d)(1)(ii)(A), Assistant Secretary for Import ferrovanadium from the People(s VPRA claimed interested party status Administration, dated April 1, 2008 Republic of China (‘‘PRC’’) and the under section 771(9)(E) of the Act as a (‘‘I&D Memo’’). The issues discussed in Republic of South Africa (‘‘South trade or business association, a majority the accompanying I&D Memo include Africa’’), pursuant to section 751(c) of of whose members produce or the likelihood of continuation or the Tariff Act of 1930, as amended wholesale a domestic like product in the recurrence of dumping and the (‘‘Act’’). See Initiation of Five-year United States. Gulf, Bear Metallurgical, magnitude of the dumping margin likely (‘‘Sunset’’) Reviews, 72 FR 67890 MVC, and Stratcor claimed interested to prevail if either the PRC Order or the (December 3, 2007) (‘‘Sunset party status under section 771(9)(C) of South Africa Order were revoked. Initiations’’); see also Notice of the Act as domestic producers and/or Parties can obtain a public copy of the Amended Final Antidumping Duty wholesalers of subject merchandise. I&D Memo on file in the Central Records On January 2, 2008, Domestic Determination of Sales at Less Than Unit, room 1117, of the main Commerce Producers jointly filed substantive Fair Value and Antidumping Duty building. In addition, a complete public responses in both sunset reviews, Order: Ferrovanadium From the within the 30-day deadline as specified version of the I&D Memo can be People(s Republic of China, 68 FR 4168 in 19 C.F.R. 351.218(d)(3)(i). The accessed directly on the Web at http:// (January 28, 2003) (‘‘PRC Order’’); Department did not receive a ia.ita.doc.gov/frn. The paper copy and Notice of Antidumping Duty Order: substantive response from any electronic version of the I&D Memo are Ferrovanadium from the Republic of respondent interested party in either identical in content. South Africa, 68 FR 4169 (January 28, sunset review. As a result, pursuant to FINAL RESULTS OF SUNSET 2003) (‘‘South Africa Order’’). Based on section 751(c)(3)(B) of the Act and 19 REVIEWS the notices of intent to participate and C.F.R. 351.218(e)(1)(ii)(C)(2), the adequate responses filed by the Department conducted expedited sunset The Department determines that domestic interested parties, and the lack reviews of the PRC Order and the South revocation of the PRC Order on of response from any respondent Africa Order. ferrovanadium would likely lead to interested party, the Department continuation or recurrence of dumping conducted expedited sunset reviews of SCOPE OF THE ORDERS at the rates listed below: the PRC Order and South Africa Order The scope of the orders covers all pursuant to section 751(c)(3)(B) of the ferrovanadium regardless of grade, Manufacturers/Export- Weighted–Average ers/Producers Margin (Percent) Act and 19 C.F.R. 351.218(e)(1)(ii)(C)(2). chemistry, form, shape, or size. As a result of these sunset reviews, the Ferrovanadium is an alloy of iron and Pangang Group Inter- Department finds that revocation of vanadium that is used chiefly as an national Economic & either the PRC Order or the South Africa additive in the manufacture of steel. The Trading Corporation .. 12.97% Order would likely lead to continuation merchandise is commercially and PRC–Wide Entity ...... 66.71% or recurrence of dumping, at the levels scientifically identified as vanadium. indicated in the ‘‘Final Results of Sunset The scope specifically excludes The Department determines that Reviews’’ section of this notice, infra. vanadium additives other than revocation of the South Africa Order on EFFECTIVE DATE: April 9, 2008. ferrovanadium, such as nitrided ferrovanadium would likely lead to

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continuation or recurrence of dumping Statutory Time Limits We are issuing and publishing this at the rates listed below: notice in accordance with sections Section 751(a)(3)(A) of the Tariff Act 751(a)(1) and 777(i)(1) of the Act. Manufacturers/Export- Weighted–Average of 1930, as amended (‘‘the Act’’), ers/Producers Margin (Percent) requires the Department of Commerce Dated: April 3, 2008. (‘‘Department’’) to issue the preliminary Stephen J. Claeys, Highveld Steel and Va- results of an administrative review Deputy Assistant Secretary for Import nadium Corporation, within 245 days after the last day of the Administration. Ltd...... 116.00% [FR Doc. E8–7469 Filed 4–8–04; 8:45 am] Xstrata South Africa anniversary month of an order for which (Proprietary) Limited 116.00% a review is requested and a final BILLING CODE 3510–DS–S All Others ...... 116.00% determination within 120 days after the date on which the preliminary results DEPARTMENT OF COMMERCE NOTIFICATION REGARDING are published. If it is not practicable to complete the review within the time ADMINISTRATIVE PROTECTIVE National Oceanic and Atmospheric period, section 751(a)(3)(A) of the Act ORDER Administration allows the Department to extend these This notice also serves as the only deadlines to a maximum of 365 days Notice of Proposed Revision to reminder to parties subject to and 180 days, respectively. Guidelines for Coastal and Estuarine administrative protective order (‘‘APO’’) Background Land Conservation Program of their responsibility concerning the return or destruction of proprietary On September 25, 2007, the AGENCY: National Ocean Service (NOS), information disclosed under APO in Department published in the Federal National Oceanic and Atmospheric accordance with 19 C.F.R. 351.305. Register a notice of initiation of Administration (NOAA), Department of Timely notification of the return or administrative review of the Commerce (Commerce). destruction of APO materials or antidumping duty order on granular ACTION: Request for comments for conversion to judicial protective order is polytetrafluoroethylene resin from Italy, proposed revision to program hereby requested. Failure to comply covering the period August 1, 2006, guidelines. with the regulations and terms of an through July 31, 2007. See Initiation of SUMMARY: Notice is hereby given that APO is a violation which is subject to Antidumping and Countervailing Duty NOAA is planning to update and revise sanction. Administrative Reviews and Request for its Guidelines for the Coastal and We are issuing and publishing these Revocation in Part, 72 FR 54428 Estuarine Land Conservation Program results and notice in accordance with (September 25, 2007). The preliminary (CELCP) after five years implementing sections 751(c), 752, and 777(i)(1) of the results for this administrative review are the program under these guidelines. Act. currently due no later than May 2, 2008. This notice invites interested parties to Dated: April 1, 2008. Extension of Time Limits for provide comments or suggestions to Stephen J. Claeys, Preliminary Results NOAA for consideration in updating the Acting Assistant Secretary for Import CELCP guidelines. The Department requires additional Administration. DATES: Comments on the CELCP time to review and analyze the sales and [FR Doc. E8–7465 Filed 4–8–08; 8:45 am] guidelines are requested by June 9, cost information submitted by the BILLING CODE 3510–DS–S 2008, 2008 for consideration. respondent in this administrative review because this review involves ADDRESSES: Please address comments to Roxanne Thomas, by mail at: Office of DEPARTMENT OF COMMERCE complex sales and cost accounting issues. Thus, it is not practicable to Ocean and Coastal Resource International Trade Administration complete this review within the original Management, NOAA, 1305 East-West time limit (i.e., May 2, 2008). Therefore, Hwy., N/ORM7, Silver Spring, MD 20910; or by e-mail to A–475–703 the Department is extending the time limit for completion of the preliminary [email protected], Subject: Granular Polytetrafluoroethylene Resin results by 120 days to August 30, 2008, CELCP Guidelines. From Italy: Notice of Extension of Time in accordance with section 751(a)(3)(A) FOR FURTHER INFORMATION CONTACT: Limit for Preliminary Results of of the Act and section 351.213(h)(2) of Roxanne Thomas or Elaine Vaudreuil, Antidumping Duty Administrative the Department’s regulations. However, NOAA’s Ocean Service, Office of Ocean Review August 30, 2008, falls on a Saturday and and Coastal Resource Management at September 1, 2008, is a holiday, and it [email protected], 301–713– AGENCY: Import Administration, is the Department’s long–standing 3155 ext. 119 or International Trade Administration, practice to issue a determination the [email protected], 301–713– Department of Commerce next business day when the statutory 3155 ext. 103. deadline falls on a weekend, federal SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: April 9, 2008. holiday, or any other day when the Background: The CELCP was FOR FURTHER INFORMATION CONTACT: Department is closed. See Notice of established in 2002 to fund acquisition Alicia Winston or Salim Bhabhrawala, Clarification: Application of ‘‘Next of land to protect important coastal and AD/CVD Operations, Office 1, Import Business Day’’ Rule for Administrative estuarine areas that have significant Administration, International Trade Determination Deadlines Pursuant to conservation, recreation, ecological, Administration, U.S. Department of the Tariff Act of 1930, As Amended, 70 historical or aesthetic values, or that are Commerce, 14th Street and Constitution FR 24533 (May 10, 2005). Accordingly, threatened by conversion from their Avenue, NW, Washington, DC 20230; the deadline for completion of the natural or recreational state to other telephone (202) 482–1785 or (202) 482– preliminary results is now no later than uses. Priority is given to lands that can 1784, respectively. September 2, 2008. be effectively managed and protected

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and that have significant ecological marine mammals during surveys for U.S. waters offshore of southern New value. Conservation projects should purposes of scientific research. Jersey out to a distance of 20 nautical advance the goals, objectives or DATES: Written, telefaxed, or e-mail miles. implementation of federal, regional, comments must be received on or before In compliance with the National state or local coastal management plans. May 9, 2008. Environmental Policy Act of 1969 (42 The CELCP was created by Public ADDRESSES: The application and related U.S.C. 4321 et seq.), an initial Law 107–77 and codified at 16 U.S.C. documents are available for review determination has been made that the 1456d. NOAA issued final guidelines upon written request or by appointment activity proposed will require a for the program in June 2003. Since the in the following office(s): supplemental environmental program’s creation, CELCP has Permits, Conservation and Education assessment. administered more than 150 grants for Division, Office of Protected Resources, Concurrent with the publication of land conservation projects in 26 out of NMFS, 1315 East-West Highway, Room this notice in the Federal Register, 34 eligible coastal states and territories 13705, Silver Spring, MD 20910; phone NMFS is forwarding copies of this and has run two national funding (301)713–2289; fax (301)427–2521; and application to the Marine Mammal competitions under the guidelines. Northeast Region, NMFS, One Commission and its Committee of Based on its experience implementing Blackburn Drive, Gloucester, MA Scientific Advisors. this program, NOAA plans to update the 01930–2298; phone (978)281–9300; fax Dated: April 3, 2008. CELCP program guidelines to clarify (978)281–9394. P. Michael Payne, certain provisions and consider other Written comments or requests for a Chief, Permits, Conservation and Education changes. The revisions will not change public hearing on this application Division, Office of Protected Resources, the CELCP process, but will clarify should be mailed to the Chief, Permits, National Marine Fisheries Service. certain provisions and consider other Conservation and Education Division, [FR Doc. E8–7480 Filed 4–8–08; 8:45 am] improvements. The current Final F/PR1, Office of Protected Resources, BILLING CODE 3510–22–S Guidelines for the CELCP can be found NMFS, 1315 East-West Highway, Room on the Internet at http://www.coastal 13705, Silver Spring, MD 20910. Those management.noaa.gov/land/media/ individuals requesting a hearing should DEPARTMENT OF DEFENSE CELCPfinalo2Guidelines.pdf or can be set forth the specific reasons why a requested either by phone at 301–713– hearing on this particular request would Department of the Navy 3155 ext. 119, or by e-mail to be appropriate. [email protected]. Any Comments may also be submitted by Notice of Public Hearings for the Naval proposed changes to the CELCP facsimile at (301)427–2521, provided Surface Warfare Center Panama City guidelines would be published in the the facsimile is confirmed by hard copy Division (NSWC PCD) Mission Federal Register, with an opportunity submitted by mail and postmarked no Activities Draft Environmental Impact for public comment, following later than the closing date of the Statement/Overseas Environmental compliance with any relevant statutes comment period. Impact Statement and executive orders. Comments may also be submitted by AGENCY: Department of the Navy, DoD. e-mail. The mailbox address for Dated: April 2, 2008. ACTION: Notice. John H. Dunnigan, providing e-mail comments is [email protected]. Include Assistant Administrator, Ocean Services and SUMMARY: Pursuant to section 102(2)(c) Coastal Zone Management, National Oceanic in the subject line of the e-mail of the National Environmental Policy and Atmospheric Administration. comment the following document Act (NEPA) of 1969 and regulations [FR Doc. E8–7399 Filed 4–8–08; 8:45 am] identifier: File No. 10014–01. implemented by the Council on FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–M Environmental Quality (40 CFR parts Patrick Opay or Kate Swails, (301)713– 1500–1508), and Presidential Executive 2289. Order 12114, the Department of the DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The Navy (Navy) has prepared and filed subject permit amendment is requested with the U.S. Environmental Protection National Oceanic and Atmospheric under the authority of the Marine Agency a Draft Environmental Impact Administration Mammal Protection Act of 1972, as Statement/Overseas Environmental amended (MMPA; 16 U.S.C. 1361 et Impact Statement (EIS/OEIS) on March RIN 0648–XH01 seq.), and the regulations governing the 27, 2008, to evaluate the potential Marine Mammals; File No. 10014–01 taking and importing of marine environmental effects associated with mammals (50 CFR part 216). the Naval Surface Warfare Center, AGENCY: National Marine Fisheries The NJDEP seeks permission to Panama City Division (NSWC PCD) Service (NMFS), National Oceanic and increase the number of marine mission activities within the NSWC Atmospheric Administration (NOAA), mammals taken during research PCD Study Area, which includes St. Commerce. conducted to elucidate the distribution Andrew Bay (SAB), and military ACTION: Notice; receipt of application for and abundance of baleen whales, warning areas W–151 (includes Panama amendment. odontocete whales, pinnipeds, and sea City Operating Area), W–155 (includes turtles. Research would include take by Pensacola Operating Area), and W–470. SUMMARY: Notice is hereby given that survey approach during shipboard and The Proposed Action is to improve the New Jersey Department of aircraft transect surveys. Researchers NSWC PCD’s capabilities to conduct Environmental Protection (NJDEP), request authorization to take up to 2,500 new and increased mission operations Division of Science, Research and common dolphins (Delphinus delphis), for the Department of Defense (DoD) and Technology, P.O. Box 409, Trenton, NJ 3,200 bottlenose dolphins (Tursiops its customers within the NSWC PCD 08625–0409, has applied in due form for truncatus), and 1,280 harbor porpoises Study Area. The research, development, an amendment to their Permit No. (Phocoena phocoena) annually. The test, and evaluation (RDT&E) activities 10014 to allow them to take additional study area would continue to include occurring in these areas include air

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operations, surface operations, NSWC PCD is the nation’s principal No significant adverse impacts are subsurface operations, sonar operations, repository of this expertise supported by identified for any resource area in any electromagnetic operations, laser a diverse technical workforce in these geographic location within the NSWC operations, ordnance operations, and areas that are critical to the future of PCD Study Area that cannot be projectile firing. A Notice of Intent for U.S. Navy and U.S. Marine Corps mitigated, with the exception of this Draft EIS/OEIS was published in operations. In accordance with exposure of marine mammals and sea the Federal Register on August 19, 2004 Department of Defense (DoD) Directive turtles to underwater sound. The Navy (69 FR 51453). 5000.1, test and evaluation support is to will apply to NMFS for a Marine The Navy will conduct three public be integrated throughout the defense Mammal Protection Act Letter of hearings to receive oral and written acquisition process (the process that Authorization (LOA) and governing comments on the Draft EIS/OEIS. encompasses every aspect of regulations to authorize incidental takes Federal agencies, state agencies, and identifying, developing, and procuring of marine mammals that may result local agencies and interested defense systems) and is structured to from the implementation of the individuals are invited to be present or provide essential information to activities analyzed in the Draft EIS/ represented at the public hearings. This decision makers. Such testing is used to OEIS. NMFS is participating as a notice announces the dates and validate the technical performance cooperating agency in the development locations of the public hearings for this parameters (whether a given system of this Draft EIS/OEIS. NMFS staff will Draft EIS/OEIS. performs as expected) and to determine be present at the scheduled open houses Dates and Addresses: An open house whether systems are operationally and public hearings and available to session will precede the scheduled effective, suitable, survivable, and safe discuss both the MMPA incidental take public hearing at each of the locations for their intended use. authorization process and NMFS’s listed below and will allow individuals It is the mission of NSWC PCD to participation in the development of the to review the information presented in provide RDT&E, as well as in-service EIS/OEIS. the Draft EIS/OEIS. Navy support for amphibious warfare, diving, The Draft EIS/OEIS is being mailed to representatives will be available during maritime special operations, mine Federal, State, and local agencies, the open house sessions to clarify warfare (mines and mine elected officials, and other interested information related to the Draft EIS/ countermeasures), and other naval individuals and organizations. The OEIS. missions that take place in the coastal public comment period will end May In addition, the National Marine region. The infrastructure has been 19, 2008. Fisheries Service (NMFS), which is established at NSWC PCD to support Copies of the Draft EIS/OEIS are participating as a cooperating agency in this mission. A unique feature of NSWC available for public review at the the development of the EIS, will be PCD that is unduplicated in the U.S. is following libraries: Bay County Public represented at the open houses and the natural operating environment Library, 25 West Government Street, public hearings. All meetings will start provided by the ready access to the Gulf Panama City, FL 32401; Gulf County with an open house from 6 p.m. to 7 of Mexico (GOM) and its associated Public Library, 110 Library Drive, Port p.m. Presentations and public comment littoral and coastal regions. The GOM St. Joe, FL 32456; Fort Walton Beach will be held from 7 p.m. to 9 p.m. Public provides a surrogate environment for Public Library, 185 Miracle Strip Pkwy hearings will be held on the following most of the littoral areas of the world in SE, Fort Walton Beach, FL 32548; and dates and at the following locations: which the Navy will find itself 1. May 5, 2008, Gulf Coast operating for the foreseeable future. Pensacola Public Library, 200 West Community College, Student Union The NSWC PCD Draft EIS/OEIS Gregory Street Pensacola, FL 32501. Conference Center, 5230 West Hwy 98, addresses all of the identified RDT&E The Draft EIS/OEIS is also available Panama City, Florida, operations that occur within the NSWC for electronic public viewing at http:// 2. May 6, 2008, Pensacola Junior PCD Study Area. The NSWC PCD nswcpc.navsea.navy.mil/ College—Warrington Campus, RDT&E activities may be conducted Environment.htm. A paper copy of the McMillian Auditorium, 5555 Highway anywhere within the existing military Executive Summary or a single CD of 98 West, Pensacola, Florida, operating areas and St. Andrews Bay the Draft EIS/OEIS will be made 3. May 7, 2008, Port St. Joe from the mean high water line (average available upon request by contacting Elementary School Auditorium, 2201 high tide mark) out to 222 kilometer Mrs. Carmen Ferrer, Naval Surface Long Avenue, Port St. Joe, Florida. (120 nautical miles) offshore. Warfare Center Panama City Division, FOR FURTHER INFORMATION CONTACT: Mrs. The Draft EIS/OEIS evaluates the 110 Vernon Avenue, Panama City, Carmen Ferrer, Naval Surface Warfare potential environmental impacts of Florida 32407; E-mail: Center Panama City Division, 110 three alternatives, including two action [email protected]. Vernon Avenue, Panama City, Florida alternatives (Alternatives 1 and 2) and Federal, State, and local agencies and 32407; telephone: 850–234–4146; E-mail the No Action Alternative. The No interested parties are invited to be [email protected]. Action Alternative addresses historical present or represented at the public SUPPLEMENTARY INFORMATION: NSWC and current mission activities (referred hearing. Written comments can also be PCD is the United States (U.S.) Navy’s to cumulatively as ‘‘baseline mission submitted during the open house premier research and development activities’’) for the NSWC PCD Study sessions preceding the public hearings. organization focused on littoral (coastal Area. Alternatives 1 and 2 analyze Oral statements will be heard and region) warfare and expeditionary baseline activities, as well as future transcribed by a stenographer; however, (designed for military operations growth requirements for missions and to ensure the accuracy of the record, all abroad) warfare. NSWC PCD provides activity levels. The development statements should be submitted in in-water research, development, test, process incorporated the need to writing. All statements, both oral and and evaluation (RDT&E) in support of support future test capabilities, expand written, will become part of the public expeditionary maneuver warfare, required mission capabilities, and record on the Draft EIS/OEIS and will be operations in extreme environments, increase the baseline tempo and responded to in the Final EIS/OEIS. mine warfare, maritime operations, and intensity of activities. Alternative 2 is Equal weight will be given to both oral coastal operations. the Navy’s preferred alternative. and written statements.

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In the interest of available time, and (NEPA) of 1969 and the regulations 4. Southampton County, Virginia. to ensure all who wish to give an oral implemented by the Council on Southampton High School, 23350 statement have the opportunity to do so, Environmental Quality (40 CFR Parts Southampton Parkway, Courtland, VA each speaker’s comments will be limited 1500–1508), the Navy announces its 23837 on May 1, 2008, 4 p.m. to 9 p.m.; to three (3) minutes. If a long statement intent to terminate the Draft SEIS for the 5. Gates County, North Carolina. Gates is to be presented, it should be Introduction of F/A–18E/F (Super County High School, 088 U.S. Highway summarized at the public hearing and Hornet) Aircraft to the East Coast of the 158 West, Gatesville, NC 27938 on May the full text submitted in writing at the United States (Construction and 2, 2008, 4 p.m. to 9 p.m.; hearing, mailed to Mrs. Carmen Ferrer, Operation of an Outlying Landing Field) 6. Camden County, North Carolina. Naval Surface Warfare Center Panama and prepare an EIS to evaluate potential Camden County High School, 103 U.S. City Division, 110 Vernon Avenue, environmental consequences of the Highway 158 West, Camden, NC 27921 Panama City, Florida 32407 or construction and operation of an OLF at on May 5, 2008, 4 p.m. to 9 p.m.; and submitted via e-mail to new alternative sites to support Field 7. Surry County, Virginia. Surry [email protected]. Carrier Landing Practice (FCLP) training Central High School, 1675 Hollybush All written comments must be requirements for carrier-based fixed- Road, Dendron, VA 23839 on May 7, postmarked or received by May 19, wing aircraft stationed at and transient 2008, 4 p.m. to 9 p.m. 2008, to ensure they become part of the to NAS Oceana and Naval Station (NS) The dates, times, and locations of official record. All comments will be Norfolk Chambers Field, Virginia. The public scoping meetings are also responded to in the Final EIS/OEIS. five new alternative OLF sites identified available at (http://www.olfeis.com), and Dated: April 3, 2008. to date are: (1) Cabin Point Site, located will be provided to local and regional in Surry, Prince George, and Sussex T. M. Cruz, media serving localities in the vicinity counties, Virginia; (2) Dory Site, located of proposed OLF sites. Lieutenant, Judge Advocate General’s Corps, in Southampton and Sussex counties, U.S. Navy, Federal Register Liaison Officer. Comments can be made in the Virginia; (3) Mason Site, located in [FR Doc. E8–7461 Filed 4–8–08; 8:45 am] following ways: (1) Written statements Sussex and Southampton counties, submitted to Navy representatives at the BILLING CODE 3810–FF–P Virginia; (4) Sandbanks Site, located in public scoping open houses; (2) written Gates and Hertford counties, North statements mailed to Commander, Naval Carolina; and (5) Hale’s Lake Site, DEPARTMENT OF DEFENSE Facilities Engineering Command located in Camden and Currituck Atlantic, 6506 Hampton Boulevard, Department of the Navy counties, North Carolina. These five site Norfolk, Virginia 23508, Attn: Code EV alternatives were identified by applying OLF Project Manager; and (3) written Notice of Intent To Terminate the Draft operational, environmental and statements submitted via the Web site at Supplemental Environmental Impact population criteria to a list of 13 new http://www.OLFEIS.com. All written Statement for the Introduction of F/A– sites provided by the State of North comments must be postmarked by June 18E/F (Super Hornet) Aircraft to the Carolina and the Commonwealth of 7, 2008. Virginia, as well as on the five sites East Coast of the United States SUPPLEMENTARY INFORMATION: The Navy (Construction and Operation of an examined in the Draft SEIS. Dates and Addresses: The Navy is proposes to construct an OLF that will Outlying Landing Field); To Prepare an support the FCLP operations of carrier- Environmental Impact Statement for initiating a scoping process to identify community concerns and local issues based fixed-wing aircraft squadrons Construction and Operation of an stationed at and transient to NAS Outlying Landing Field To Support that will be addressed in the EIS. Federal, state, and local elected officials Oceana, Virginia Beach, Virginia (F/A– Carrier Air Wing Aircraft at Naval Air 18C Hornet and F/A–18E/F Super Station Oceana and Naval Station and agencies and interested persons are encouraged to provide comments to the Hornet squadrons and Fleet Norfolk, VA; and To Announce Public Replacement Squadrons (FRS)), and NS Scoping Meetings Navy to identify environmental concerns that should be addressed in Norfolk Chambers Field, Norfolk, AGENCY: Department of the Navy, DoD. the EIS. To be most helpful, scoping Virginia (E–2C Hawkeye, C–2A ACTION: Notice. comments should clearly describe the Greyhound, and E–2C/C–2A FRS). specific issues or topics the EIS should While NALF Fentress will continue SUMMARY: In a Notice of Intent address. providing necessary support for FCLP published on June 24, 2005 (70 Federal Public scoping meetings, using an and other training requirements, this Register [FR] 36566), the Department of Open House format, will be held to landing field alone cannot fully support the Navy announced its intent to receive written comments or concerns training requirements of home-based prepare a Supplemental Environmental that should be addressed in the EIS. and transient aircraft from NAS Oceana Impact Statement (SEIS) to provide Public scoping meetings will be as and NS Norfolk Chambers Field. additional analysis of the environmental follows: Training requirements for aircraft based consequences associated with the 1. Currituck County, North Carolina. at these airfields can exceed NALF construction and operation of an North Carolina Cooperative Extension, Fentress capacity up to 63% of the time Outlying Landing Field (OLF) needed to Currituck County Center, 120 during summertime when hours of support operations of Super Hornet Community Way, Barco, NC 27917 on darkness are limited. Capacity problems squadrons stationed at Naval Air Station April 28, 2008, 4 p.m. to 9 p.m.; are further exacerbated when (NAS) Oceana, Virginia, and Marine 2. Prince George County, Virginia. operational demands require surging Corps Air Station (MCAS) Cherry Point, J.E.J Moore Middle School, 11455 Prince additional carrier strike groups. A new North Carolina. The U.S. Environmental George Drive, Disputanta, VA 23842 on OLF is required to provide year-round Protection Agency (EPA) published a April 29, 2008, 4 p.m. to 9 p.m.; capacity to support FCLP training Notice of Availability (NOA) of the Draft 3. Sussex County, Virginia. Sussex requirements under the Fleet Response SEIS on February 23, 2007 (72 FR 8155). Central High School, 21394 Sussex Plan, provide operational flexibility Pursuant to section (102)(2)(c) of the Drive, Sussex, VA 23884 on April 30, needed to respond to emergent national National Environmental Policy Act 2008, 4 p.m. to 9 p.m.; defense requirements, and FCLP

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training consistent with at-sea operating and regional economy. Further, the statutory obligations. The IC Clearance conditions. Navy will prepare analyses of projected Official, Regulatory Information Facilities at the OLF would include operations on existing airspace and of Management Services, Office of an 8,000-foot runway, aircraft traffic aircraft noise exposure levels on the Management, publishes that notice control tower, and other support ambient noise environment. containing proposed information buildings. The Navy also proposes to FOR FURTHER INFORMATION CONTACT: collection requests prior to submission establish Class D airspace around the Commander, Naval Facilities of these requests to OMB. Each OLF. Property and property interests for Engineering Command Atlantic, 6506 proposed information collection, construction of the facilities, airfield Hampton Boulevard, Norfolk, VA grouped by office, contains the safety zones, and projected high-noise 23508, Attn: Code EV OLF Project following: (1) Type of review requested, zones would need to be acquired Manager. e.g., new, revision, extension, existing through purchase, lease, or acquisition or reinstatement; (2) Title; (3) Summary Dated: April 4, 2008. of restrictive use or conservation of the collection; (4) Description of the easements. T. M. Cruz, need for, and proposed use of, the The EIS will address environmental Lieutenant, Judge Advocate General’s Corps, information; (5) Respondents and consequences associated with U.S. Navy, Federal Register Liaison Officer. frequency of collection; and (6) construction of the airfield, associated [FR Doc. E8–7463 Filed 4–8–08; 8:45 am] Reporting and/or Recordkeeping infrastructure and support facilities, and BILLING CODE 3810–FF–P burden. OMB invites public comment. aircraft operations. In addition, the EIS will assess socioeconomic consequences Dated: April 3, 2008. associated with acquisition of property DEPARTMENT OF EDUCATION Angela C. Arrington, and property interests for the OLF and IC Clearance Official, Regulatory Information any relocation of residences within the Submission for OMB Review; Management Services, Office of Management. proposed airfield safety and projected Comment Request Office of Special Education and high-noise zones. Rehabilitative Services The Navy has worked with the AGENCY: Department of Education. leadership in the State of North Carolina SUMMARY: The IC Clearance Official, Type of Review: Revision. and Commonwealth of Virginia to Regulatory Information Management Title: Independent Living Services for identify a range of reasonable site Services, Office of Management invites Older Individuals Who are Blind. location alternatives for the OLF. For comments on the submission for OMB Frequency: Annually. purposes of analysis, an estimated review as required by the Paperwork Affected Public: State, Local, or Tribal 25,000 to 30,000-acre area is being Reduction Act of 1995. Gov’t, SEAs or LEAs. considered for each site location DATES: Interested persons are invited to Reporting and Recordkeeping Hour alternative. Additional alternative site submit comments on or before May 9, Burden: locations may be identified during the 2008. Responses: 56. scoping process. The five site location Burden Hours: 448. ADDRESSES: Written comments should Abstract: This data collection alternatives identified to date are: (1) be addressed to the Office of Cabin Point Site, located in Surry, instrument is being submitted to obtain Information and Regulatory Affairs, approval for information collection on Prince George, and Sussex counties, Attention: Education Desk Officer, Virginia; (2) Dory Site, located in the Independent Living Services for Office of Management and Budget, 725 Older Individuals Who Are Blind Southampton and Sussex counties, 17th Street, NW., Room 10222, Virginia; (3) Mason Site, located in program. The data to be collected will Washington, DC 20503. Commenters are Sussex and Southampton counties, include information related to staff, encouraged to submit responses Virginia; (4) Sandbanks Site, located in consumer demographics, cost of electronically by e-mail to Gates and Hertford counties, North services, and services provided. This [email protected] or via fax Carolina; and (5) Hale’s Lake Site, data will be used to evaluate and to (202) 395–6974. Commenters should located in Camden and Currituck construct a profile for the program include the following subject line in counties, North Carolina. nationwide. The respondents will be the The Navy has and will continue to their response ‘‘Comment: [insert OMB managers of the Independent Living work with the leadership from the State number], [insert abbreviated collection Services for Older Individuals Who Are of North Carolina and the name, e.g., ‘‘Upward Bound Blind program in each of the 50 states Commonwealth of Virginia as well as Evaluation’’]. Persons submitting and territories. local communities to explore all comments electronically should not Requests for copies of the information possible economic benefits to the submit paper copies. collection submission for OMB review community to offset the potential SUPPLEMENTARY INFORMATION: Section may be accessed from http:// impacts from the OLF. During the 3506 of the Paperwork Reduction Act of edicsweb.ed.gov, by selecting the scoping process, the Navy will 1995 (44 U.S.C. Chapter 35) requires ‘‘Browse Pending Collections’’ link and encourage and solicit input on other that the Office of Management and by clicking on link number 3560. When potential economic benefit proposals. Budget (OMB) provide interested you access the information collection, The Navy intends to analyze potential Federal agencies and the public an early click on ‘‘Download Attachments’’ to environmental consequences of the opportunity to comment on information view. Written requests for information construction and operation of the OLF collection requests. OMB may amend or should be addressed to U.S. Department on the natural environment, including, waive the requirement for public of Education, 400 Maryland Avenue, but not limited to, air quality, plant and consultation to the extent that public SW., LBJ, Washington, DC 20202–4537. animal habitats, and water resources participation in the approval process Requests may also be electronically such as streams and wetlands. It will would defeat the purpose of the mailed to [email protected] or faxed also evaluate potential consequences to information collection, violate State or to 202–401–0920. Please specify the the built environment, including land Federal law, or substantially interfere complete title of the information use patterns, transportation, housing, with any agency’s ability to perform its collection when making your request.

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Comments regarding burden and/or grouped by office, contains the Comments regarding burden and/or the collection activity requirements following: (1) Type of review requested, the collection activity requirements should be electronically mailed to e.g. new, revision, extension, existing or should be electronically mailed to [email protected]. Individuals who reinstatement; (2) Title; (3) Summary of [email protected]. Individuals who use a telecommunications device for the the collection; (4) Description of the use a telecommunications device for the deaf (TDD) may call the Federal need for, and proposed use of, the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– information; (5) Respondents and Information Relay Service (FIRS) at 1– 800–877–8339. frequency of collection; and (6) 800–877–8339. [FR Doc. E8–7454 Filed 4–8–08; 8:45 am] Reporting and/or Recordkeeping [FR Doc. E8–7455 Filed 4–8–08; 8:45 am] BILLING CODE 4000–01–P burden. OMB invites public comment. BILLING CODE 4000–01–P Dated: April 3, 2008. Angela C. Arrington, DEPARTMENT OF EDUCATION IC Clearance Official, Regulatory Information Management Services, Office of Management. DEPARTMENT OF ENERGY Submission for OMB Review; Comment Request Office of Postsecondary Education Privacy Act of 1974; Publication of Proposed Compilation of Privacy Act AGENCY: Department of Education. Type of Review: Extension. Title: Annual Student Activities System of Records; Correction SUMMARY: The IC Clearance Official, Report for the Jacob K. Javits Fellowship AGENCY: Department of Energy. Regulatory Information Management Program. Services, Office of Management invites Frequency: Annually. ACTION: Notice; correction. comments on the submission for OMB Affected Public: SUMMARY: The Department of Energy review as required by the Paperwork Not-for-profit institutions. Reduction Act of 1995. Reporting and Recordkeeping Hour published a notice in the Federal Register on April 2, 2008 of the DATES: Interested persons are invited to Burden: submit comments on or before May 9, Responses: 190. proposed compilation of the Privacy Act 2008. Burden Hours: 570. System of Records. This notice corrects Abstract: This information collection the date for responding to comments ADDRESSES: Written comments should provides the U.S. Department of and the effective date. be addressed to the Office of Education with information needed to FOR FURTHER INFORMATION CONTACT: Information and Regulatory Affairs, determine if fellows have made Verlette L. Gatlin, (202) 586–5955. Attention: Education Desk Officer, substantial progress toward meeting the Office of Management and Budget, 725 program’s objectives and allows Correction 17th Street, NW., Room 10222, program staff to monitor and evaluate In the Federal Register of April 2, Washington, DC 20503. Commenters are time-to-degree completion and the 2008, FR Doc. E8–6239, on page 18044, encouraged to submit responses graduation rate. The Congress has the following correction is made to the electronically by email to mandated (through the Government DATES section: [email protected] or via fax Performance and Results Act of 1993) DATES: Any interested person may to (202) 395–6974. Commenters should that the U.S. Department of Education submit written comments concerning include the following subject line in provide documentation about the the proposed changes to DOE’s Privacy their response ‘‘Comment: [insert OMB progress being made by the program. Act Systems of Records by May 9, 2008. number], [insert abbreviated collection Program staff have made minor Except for proposed exemptions that name, e.g., ‘‘Upward Bound adjustments to the report to improve the may require separate notice and Evaluation’’]. Persons submitting clarity of the document, and to ensure comment rulemaking, the changes comments electronically should not more effective data collection and proposed in this notice will be effective submit paper copies. evaluation of program performance. May 9, 2008 unless DOE receives SUPPLEMENTARY INFORMATION: Section However, the current burden estimate of comments that require a contrary 3506 of the Paperwork Reduction Act of three hours per response remains the determination. DOE will publish a 1995 (44 U.S.C. Chapter 35) requires same, pending feedback from document in the Federal Register that the Office of Management and respondents after the approved Annual notifying the public if any changes are Budget (OMB) provide interested Student Activities Report is extended necessary. Federal agencies and the public an early and implemented. opportunity to comment on information Requests for copies of the information Issued in Washington, DC on April 3, 2008. collection requests. OMB may amend or collection submission for OMB review Ingrid Kolb, waive the requirement for public may be accessed from http:// Director, Office of Management. consultation to the extent that public edicsweb.ed.gov, by selecting the [FR Doc. E8–7441 Filed 4–8–08; 8:45 am] participation in the approval process ‘‘Browse Pending Collections’’ link and BILLING CODE 6450–01–P would defeat the purpose of the by clicking on link number 3571. When information collection, violate State or you access the information collection, Federal law, or substantially interfere click on ‘‘Download Attachments’’ to DEPARTMENT OF ENERGY with any agency’s ability to perform its view. Written requests for information statutory obligations. The IC Clearance should be addressed to U.S. Department Office of Fossil Energy; Ultra- Official, Regulatory Information of Education, 400 Maryland Avenue, Deepwater Advisory Committee: Management Services, Office of SW., LBJ, Washington, DC 20202–4537. Solicitation of Nominations for Management, publishes that notice Requests may also be electronically Appointment as a Member to the Ultra- containing proposed information mailed to [email protected] or faxed Deepwater Advisory Committee collection requests prior to submission to 202–401–0920. Please specify the AGENCY: Department of Energy. of these requests to OMB. Each complete title of the information ACTION: Notice. proposed information collection, collection when making your request.

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SUMMARY: The U.S. Department of The program includes improving industry or professional associations or Energy (DOE) Office of Fossil Energy is safety and minimizing environmental other stakeholder groups; Fit with one soliciting nominations for candidates to impacts of activities involving ultra- or more membership categories serve as members of the Ultra- deepwater architecture and technology, specified by Section 999D(a)(2) of the Deepwater Advisory Committee. The including drilling to formations in the Energy Policy Act of 2005: (A) ‘‘ *** Advisory Committee advises the Outer Continental Shelf to depths individuals with extensive research Secretary of Energy on the development greater than 15,000 feet. Projects focus experience or operational knowledge of and implementation of programs under on the development and demonstration offshore natural gas and other petroleum Subtitle J, Section 999 of the Energy of individual exploration and exploration and production;’’ (B) Policy Act of 2005 (EPACT) related to production technologies as well as ‘‘ * * * individuals broadly ultra-deepwater natural gas and other integrated systems technologies representative of the affected interests in petroleum resources, and reviews and including new architectures for ultra-deepwater natural gas and other provides written comments on the production in ultra-deepwater (water petroleum production, including annual plan as also described in this depths greater than or equal to 1500 interests in environmental protection subtitle of the EPACT. The membership meters). The Secretary is also required and safe operations;’’ Availability for of the Advisory Committee must be in to prepare an annual plan that describes the planned meeting dates of September accordance with the provisions of the the ongoing and prospective activities of 9 or 10, 2008 and October 14 or 15, Federal Advisory Committee Act and the program. 2008; Relationship to the Program some members of the Advisory In May 2006, the Secretary Consortium (Note that board members, Committee may be appointed as special established the Ultra-Deepwater officers, and employees of the Government employees of the Advisory Committee to advise the consortium are not eligible for Department of Energy. Department on the development and appointment to this Committee.). [REF: DATES: Nominations must be received implementation of programs related to Energy Policy Act of 2005, Subtitle J, by May 2, 2008. ultra-deepwater natural gas and other Section 999D(a)(2)] petroleum resources, and to review and In accordance with the Federal FOR FURTHER INFORMATION CONTACT: For comment on the annual plan. Re- Advisory Committee Act [REF: 5 U.S.C. information regarding this Request for chartering of this committee is currently App. 2], this committee’s membership Nominations please contact Ms. Elena underway. will be balanced in terms of the points Melchert, Mr. Bill Hochheiser, or Mr. Qualifications for membership of this of view represented. All resumes must James Slutz, Designated Federal Official committee include: (A) Individuals with be received by May 2, 2008. Candidates (DFO), Ultra-Deepwater Advisory extensive research experience or may use the form found at http:// Committee, at operational knowledge of offshore www.fe.doe.gov/programs/oilgas/ [email protected] or (202) natural gas and other petroleum advisorycommittees/ 586–5600. Complete text of Subtitle J, exploration and production; (B) UltraDeepwater.html to address the Section 999 of the Energy Policy Act of individuals broadly representative of required resume elements. Candidates 2005 can be found on the DOE Office of the affected interests in ultra-deepwater who wish to be considered for Fossil Energy Web site at http://www.fe. natural gas and other petroleum appointment to the Committee must doe.gov/programs/oilgas/advisory production, including interests in submit a resume via one of the committees/UltraDeepwater.html. environmental protection and safe following methods: SUPPLEMENTARY INFORMATION: operations; (C) no individuals who are 1. E-mail to Background: Under Subtitle J, Section Federal employees; and (D) no [email protected] (with 999, the Secretary of Energy is required individuals who are board members, resume embedded within the body of to carry out a program of research, officers, or employees of the program the e-mail message; no attachment). development, demonstration, and consortium [REF: Energy Policy Act of 2. Facsimile to 202/586–6221, Attn: commercial application of technologies 2005, Pub. L. 109–58, Section UDAC Nomination. for ultra-deepwater and unconventional 999D(a)(2), 119 Stat. 922]. 3. Overnight delivery service to: U.S. natural gas and other petroleum How to Apply: Candidates who wish Department of Energy, Mail Stop FE–30, resource exploration and production, to be considered for appointment to the 1000 Independence Avenue, SW., including addressing the technology Committee should provide the following Washington, DC 20585. No resumes challenges for small producers, safe information by May 2, 2008. The format should be sent via the U.S. Postal operations, and environmental to be used for nomination is a resume Service due to extensive security mitigation (including reduction of that addresses the specific qualification processing that can damage documents greenhouse gas emissions and criteria stated in Section 999D(a)(2) of and result in extensive delays. sequestration of carbon). The activities the EPACT and other information. 4. Resume Submission Online at should maximize the value of natural Details and specifications for preparing http://www.fe.doe.gov/programs/oilgas/ gas and other petroleum resources of the the resume are summarized below and advisorycommittees/ United States by increasing the supply can be found at http://www.fe.doe.gov/ UltraDeepwater.html. of such resources through reducing the programs/oilgas/advisorycommittees/ For security reasons, no e-mail cost and increasing the efficiency of UltraDeepwater.html. attachments are allowed, nor will they exploration for and production of such Resume should address all the be opened if included. The closing date resources while improving safety and information requested below: Full for receipt of resumes is May 2, 2008. minimizing environmental impacts. In name; Professional Title (if applicable); All resumes received will be support of this subtitle, the Secretary Employment Affiliation; Address; acknowledged within 10 working days will contract with a corporation that is Phone; E-mail; Professional experience from date of receipt. Members will have structured as a program consortium related to ultra-deepwater natural gas their travel expenses reimbursed, but [REF: Energy Policy Act of 2005, Pub. L. and other petroleum resources; their time will not be compensated. 109–58, Section 999B, 119 Stat. 917– Education; Professional Affiliations and Some members of the Advisory 921] to administer the activities Awards; Professional Discipline(s); Committee may be appointed as special outlined above. Affiliation with or nomination by Government employees of the

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Department of Energy. Questions development, demonstration, and petroleum resource exploration and regarding the nomination process commercial application of technologies production, including interests in should be directed to Bill Hochheiser or for ultra-deepwater and unconventional environmental protection and safe Elena Melchert at 202/586–5600. natural gas and other petroleum operations; (D) individuals with Issued in Washington, DC on April 4, 2008. resource exploration and production, expertise in the various geographic areas including addressing the technology of potential supply of unconventional Rachel Samuel, challenges for small producers, safe onshore natural gas and other petroleum Deputy Committee, Management Officer. operations, and environmental in the United States; (E) no individuals [FR Doc. E8–7491 Filed 4–8–08; 8:45 am] mitigation (including reduction of who are Federal employees; and (F) no BILLING CODE 6450–01–P greenhouse gas emissions and individuals who are board members, sequestration of carbon). The activities officers, or employees of the program should maximize the value of natural consortium [REF: Energy Policy Act of DEPARTMENT OF ENERGY gas and other petroleum resources of the 2005, Pub. L. 109–58, Section Office of Fossil Energy; United States by increasing the supply 999D(b)(2), 119 Stat. 922–923]. How to Apply: Candidates who wish Unconventional Resources of such resources, through reducing the to be considered for appointment to the Technology Advisory Committee: cost and increasing the efficiency of Committee should provide the following Solicitation of Nominations for exploration for and production of such resources, while improving safety and information by May 2, 2008. The format Appointment as a Member to the minimizing environmental impacts. In to be used for nomination is a resume Unconventional Resources support of this subtitle, the Secretary that addresses the specific qualification Technology Advisory Committee will contract with a corporation that is criteria stated in Section 999D(b)(2) of AGENCY: Department of Energy. structured as a program consortium the EPACT and other information. ACTION: Notice. [REF: Energy Policy Act of 2005, Pub. L. Details and specifications for preparing 109–58, Section 999B, 119 Stat. 917– the resume are summarized below and SUMMARY: The U.S. Department of 921] to administer the activities can be found at http://www.fe.doe.gov/ Energy (DOE) Office of Fossil Energy is outlined above. programs/oilgas/advisorycommittees/ soliciting nominations for candidates to The program includes improving UnconventionalResources.html. serve as members of the Unconventional safety and minimizing environmental Resume should address all the Resources Technology Advisory impacts of activities onshore information requested below: Full Committee. The Advisory Committee unconventional natural gas and other name; Professional Title (if applicable); advises the Secretary of Energy on the petroleum resource exploration and Employment Affiliation; Address; development and implementation of production technology. Projects focus Phone; E-mail; Professional experience programs under Subtitle J, Section 999 on areas including advanced coalbed related to ultra-deepwater natural gas of the Energy Policy Act of 2005 methane, deep drilling, natural gas and other petroleum resources; (EPACT) related to onshore production from tight sands, natural gas Education; Professional Affiliations and unconventional natural gas and other production from gas shales, stranded Awards; Professional Discipline(s); petroleum resources, and reviews and gas, innovative exploration and Affiliation with or nomination by provides written comments on the production techniques, enhanced industry or professional associations or annual plan as also described in this recovery techniques, and environmental other stakeholder groups; Fit with one subtitle of the EPACT. The membership mitigation of unconventional natural gas or more membership categories of the Advisory Committee must be in and other petroleum resources specified by Section 999D(b)(2) of the accordance with the provisions of the exploration and production. The Energy Policy Act of 2005: (A) A Federal Advisory Committee Act and Secretary is also required to prepare an majority of members who are employees some members of the Advisory annual plan that describes the ongoing or representatives of independent Committee may be appointed as special and prospective activities of the producers of natural gas and other Government employees of the program. petroleum, including small producers; Department of Energy. In May 2006, the Secretary (B) individuals with extensive research DATES: Nominations must be received established the Unconventional experience or operational knowledge of by May 2, 2008. Resources Technology Advisory unconventional natural gas and other Committee to advise the Department on petroleum resource exploration and FOR FURTHER INFORMATION CONTACT: For the development and implementation of production; (C) individuals broadly information regarding this Request for programs related to unconventional representative of the affected interests in Nominations please contact Ms. Elena natural gas and other petroleum unconventional natural gas and other Melchert, Mr. Bill Hochheiser, or Mr. resources, and to review and comment petroleum resource exploration and James Slutz, Designated Federal Official on the annual plan. The process of re- production, including interests in (DFO), Unconventional Resources chartering this committee is currently environmental protection and safe Technology Advisory Committee, at underway. operations; (D) individuals with [email protected] Qualifications for membership of this expertise in the various geographic areas or (202) 586–5600. Complete text of committee include: (A) Employees or of potential supply of unconventional Subtitle J, Section 999 of the Energy representatives of independent onshore natural gas and other petroleum Policy Act of 2005 can be found on the producers of natural gas and other in the United States; Availability for the DOE Office of Fossil Energy Web site at petroleum, including small producers; planned meeting dates of September 9 http://www.fe.doe.gov/programs/oilgas/ (B) individuals with extensive research or 10, 2008 and October 14 or 15, 2008; advisorycommittees/ experience or operational knowledge of Relationship to the Program Consortium UnconventionalResources.html. unconventional natural gas and other (Note that board members, officers, and SUPPLEMENTARY INFORMATION: petroleum resource exploration and employees of the consortium are not Background: Under Subtitle J, Section production; (C) individuals broadly eligible for appointment to this 999, the Secretary of Energy is required representative of the affected interests in Committee.). [REF: Energy Policy Act of to carry out a program of research, unconventional natural gas and other 2005, Subtitle J, Section 999D(b)(2)]

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In accordance with the Federal Applicants: Forward Energy LLC, EFS Filed Date: 03/31/2008. Advisory Committee Act [REF: 5 U.S.C. Forward, LLC. Accession Number: 20080331–5126. App. 2], this committee’s membership Description: Forward Energy LLC et Comment Date: 5 p.m. Eastern Time will be balanced in terms of the points al. submits an application for on Monday, April 21, 2008. of view represented. All resumes must authorization for a transaction that Docket Numbers: EG08–53–000. be received by May 2, 2008. Candidates would result in a change in the Applicants: Wessington Wind I, LLC. may use the form found at http:// ownership. Description: Self Certification Notice www.fe.doe.gov/programs/oilgas/ Filed Date: 03/27/2008. of Wessington Wind I, LLC. advisorycommittees/ Accession Number: 20080331–0031. Filed Date: 04/01/2008. Comment Date: 5 p.m. Eastern Time UnconventionalResources.html to Accession Number: 20080401–5218. on Thursday, April 17, 2008. address the required resume elements. Comment Date: 5 p.m. Eastern Time Candidates who wish to be considered Docket Numbers: EC08–62–000. on Tuesday, April 22, 2008. for appointment to the Committee must Applicants: OAO Severstal, ISG Take notice that the Commission submit a resume via one of the Acquisition, Inc., ISG Sparrows Point, received the following electric rate following methods. LLC. 1. E-mail to Description: Application for Order filings: [email protected] Under Section 203 of the Federal Power Docket Numbers: ER91–569–039; (with resume embedded within the Act and Request for Waivers, Expedited ER02–862–010; ER01–666–010; ER91– body of the e-mail message; no Action, and Confidential Treatment. 569–040; ER01–1804–008. attachment.), Filed Date: 03/31/2008. Applicants: Entergy Services, Inc.; 2. Facsimile to 202/586–6221, Attn: Accession Number: 20080331–5024. Entergy Power Ventures, L.P.; EWO URTAC Nomination. Comment Date: 5 p.m. Eastern Time Marketing, LP; Entergy Power, Inc.; 3. Overnight delivery service to: U.S. on Monday, April 21, 2008. Warren Power, LLC. Department of Energy, Mail Stop FE–30, Docket Numbers: EC08–63–000. Description: Entergy Services Inc et 1000 Independence Avenue, SW., Applicants: Granite Ridge Energy, al. submits revised market-based rate Washington, DC 20585. No resumes LLC, Merrill Lynch Credit Products, tariffs reflecting the new tariff should be sent via the U.S. Postal LLC. requirements established in Order 697. Service due to extensive security Description: Granite Ridge Energy Filed Date: 03/31/2008. processing that can damage documents LLC et al. submits an Application for Accession Number: 20080401–0074. and result in extensive delays. FERC to approve the proposed transfer Comment Date: 5 p.m. Eastern Time 4. Resume Submission Online at of equity interests in Granite Ridge. on Monday, April 21, 2008. http://www.fe.doe.gov/programs/oilgas/ Filed Date: 03/28/2008. Docket Numbers: ER02–298–004; advisorycommittees/ Accession Number: 20080401–0085. ER08–584–001. UnconventionalResources.html. Comment Date: 5 p.m. Eastern Time Applicants: Thompson River Co-Gen, For security reasons, no e-mail on Friday, April 18, 2008. LLC. attachments are allowed, nor will they Docket Numbers: EC08–65–000. Description: Thompson River Power, be opened if included. The closing date Applicants: Southaven Power, LLC. LLC submits a notice of succession and for receipt of resumes is May 2, 2008. Description: Application for a notice of change in status informing All resumes received will be authorization for disposition of the Commission that it has succeeded to acknowledged within 10 working days jurisdictional facilities and request for the market-based rate tariff of from date of receipt. Members will have expedited action re: Southaven Power Thompson River Co-Gen, LLC. their travel expenses reimbursed, but LLC. Filed Date: 03/28/2008. Filed Date: 03/28/2008. their time will not be compensated. Accession Number: 20080401–0057. Some members of the Advisory Accession Number: 20080401–0081. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Committee may be appointed as special on Friday, April 18, 2008. Government employees of the on Friday, April 18, 2008. Docket Numbers: ER05–1511–001. Department of Energy. Questions Docket Numbers: EC08–66–000. Applicants: Noble Thumb Windpark regarding the nomination process Applicants: JPMorgan Chase & Co., I, LLC. should be directed to Bill Hochheiser or Bear Stearns Companies Inc., and its Description: Noble Thumb Windpark Elena Melchert at 202/586–5600. Public Utility Subsidiaries. Description: Application of JPMorgan I, LLC notifies the Commission of a non- Issued in Washington, DC on April 4, 2008. Chase & Co & The Bears Stearns material change in status resulting from Rachel Samuel, Companies Inc for authorization of a change in the size of the 48 MW Wind- Deputy Committee, Management Officer. certain securities and the merger of Power Generation Project under [FR Doc. E8–7495 Filed 4–8–08; 8:45 am] facilities subject to the jurisdiction of development. BILLING CODE 6450–01–P the Commission. Filed Date: 03/28/2008. Filed Date: 03/31/2008. Accession Number: 20080331–0160. Accession Number: 20080402–0066. Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time on Friday, April 18, 2008. on Monday, April 14, 2008. Docket Numbers: ER03–534–007. Federal Energy Regulatory Take notice that the Commission Applicants: INGENCO Wholesale Commission received the following exempt Power L.L.C. Combined Notice of Filings #1 wholesale generator filings: Description: Notice of Non-Material Docket Numbers: EG08–52–000. Change in Status of INGENCO April 02, 2008. Applicants: North Allegheny Wind, Wholesale Power L.L.C. Take notice that the Commission LLC. Filed Date: 04/01/2008. received the following electric corporate Description: Self Certification Notice Accession Number: 20080401–5096. filings: of Exempt Wholesale Generator Status Comment Date: 5 p.m. Eastern Time Docket Numbers: EC08–61–000. for North Allegheny Wind, LLC. on Tuesday, April 22, 2008.

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Docket Numbers: ER07–1372–004. Comment Date: 5 p.m. Eastern Time First Amended and Restated Full Applicants: Midwest Independent on Wednesday, April 9, 2008. Requirements Power Purchase Transmission System Operator, Inc. Docket Numbers: ER08–651–002. Agreement with Piedmont Electric Description: Midwest Independent Applicants: Ameren Energy Marketing Membership Corp. Transmission System Operator, Inc. Company. Filed Date: 03/27/2008. submits Substitute Second Revised Description: Ameren Energy Accession Number: 20080328–0134. Sheet 454.01 et al. to FERC Electric Marketing Company submits the revised Comment Date: 5 p.m. Eastern Time Tariff, Third Revised Volume 1, in final form Confirmation Agreement for on Thursday, April 17, 2008. compliance with FERC’s 2/25/08 Order. the request for proposals for capacity for Docket Numbers: ER08–731–000. Filed Date: 03/27/2008. the planning year 6/1/08 through 5/31/ Applicants: DC Energy California, Accession Number: 20080331–0063. 09, etc. LLC. Comment Date: 5 p.m. Eastern Time Filed Date: 03/28/2008. Description: DC Energy California, on Thursday, April 16, 2008. Accession Number: 20080331–0159. LLC submits the Application requests Docket Numbers: ER08–149–004. Comment Date: 5 p.m. Eastern Time acceptance of FERC Electric Tariff, Applicants: Northeast Utilities on Friday, April 18, 2008. Original Volume 1 under which DCE Service Company. Docket Numbers: ER08–653–002. California will engage in wholesale Description: Supplemental Applicants: Union Electric Company. electric power and energy transactions Information to NUSCO’s Feb. 12, 2008, Description: Union Electric Company as an electric power marketer etc. Compliance Filing. submits the revised final form of the Filed Date: 03/27/2008. Filed Date: 04/01/2008. Confirmation Agreement for the request Accession Number: 20080328–0139. Accession Number: 20080401–5161. Comment Date: 5 p.m. Eastern Time for proposals for capacity for the Comment Date: 5 p.m. Eastern Time on Thursday, April 17, 2008. planning year 6/1/08 through 5/31/09, on Tuesday, April 22, 2008. etc. Docket Numbers: ER08–732–000. Docket Numbers: ER08–376–001; Filed Date: 03/28/2008. Applicants: Southwest Power Pool, ER08–455–001; ER08–520–001. Accession Number: 20080331–0158. Inc. Applicants: PJM Interconnection, Comment Date: 5 p.m. Eastern Time Description: Southwest Power Pool, LLC. on Friday, April 18, 2008. Inc. submits its Open Access Description: PJM Interconnection, Transmission Tariff, SPP is revising LLC submits their compliance filing, Docket Numbers: ER08–669–001. several provisions of its executed pursuant to FERC’s 3/25/08 Order. Applicants: American Electric Power external market advisor services Filed Date: 04/01/2008. Service Corporation. agreement with Boston Pacific Accession Number: 20080402–0160. Description: American Electric Power Company, Inc. Comment Date: 5 p.m. Eastern Time System submits the corrected tariff Filed Date: 03/27/2008. on Tuesday, April 08, 2008. sheets and cost support reflecting Accession Number: 20080328–0138. reductions to Texas Central Company Docket Numbers: ER08–379–002. Comment Date: 5 p.m. Eastern Time annual transmission rate. Applicants: Rensselaer Cogeneration on Thursday, April 17, 2008. Filed Date: 03/28/2008. LLC. Docket Numbers: ER08–733–000. Accession Number: 20080331–0156. Description: Rensselaer Cogeneration Applicants: Pacific Gas and Electric Comment Date: 5 p.m. Eastern Time LLC submits its amended proposed Company. on Friday, April 18, 2008. market based rate tariff entitled FERC Description: Pacific Gas and Electric Electric Tariff Revised, Volume 1. Docket Numbers: ER08–719–001. Company submits the Notice of Filed Date: 03/31/2008. Applicants: Xcel Energy Operating Cancellation of PG&E Rate Schedule Accession Number: 20080401–0056. Companies. FERC 213, the interconnection Comment Date: 5 p.m. Eastern Time Description: Twin Cities Hydro LLC Agreement between PG&E and Turlock on Monday, April 21, 2008. submits a Certificate of Concurrence for Irrigation District. Docket Numbers: ER08–632–001. Northern States Power Company. Filed Date: 03/28/2008. Applicants: DC Energy Texas, LLC. Filed Date: 03/28/2008. Accession Number: 20080328–0140. Description: DC Energy Texas, LLC Accession Number: 20080331–0157. Comment Date: 5 p.m. Eastern Time submits an Amendment to the Petition Comment Date: 5 p.m. Eastern Time on Friday, April 18, 2008. for Market-Based Rate Application filed on Friday, April 18, 2008. Docket Numbers: ER08–734–000. on 3/3/08. Docket Numbers: ER08–729–000. Applicants: Wisconsin Power and Filed Date: 03/27/2008. Applicants: Duke Energy Carolinas, Light Company. Accession Number: 20080328–0137. LLC. Description: Wisconsin Power and Comment Date: 5 p.m. Eastern Time Description: Duke Energy Carolinas, Light Company submits a Notice of on Thursday, April 17, 2008. LLC submits a revised Network Cancellation of Original Service Docket Numbers: ER08–646–000. Integration Service Agreement for Agreement 8 with the City of Evansville. Applicants: Northeast Utilities Network Integration Transmission Filed Date: 03/28/2008. Service Company. Service with Piedmont Electric Accession Number: 20080331–0054. Description: Northeast Utilities Membership Corporation. Comment Date: 5 p.m. Eastern Time Service Company submits a Notice of Filed Date: 03/27/2008. on Friday, April 18, 2008. Cancellation cancelling a Service Accession Number: 20080328–0131. Docket Numbers: ER08–735–000. Agreement for long-term firm Comment Date: 5 p.m. Eastern Time Applicants: Wisconsin Power and transmission service dated 12/23/93 and on Thursday, April 17, 2008. Light Company. a Service Agreement for long-term non- Docket Numbers: ER08–730–000. Description: Wisconsin Power and firm transmission service dated 8/22/94, Applicants: Duke Energy Carolinas, Light Company submits a Notice of etc. LLC. Cancellation of Original Service Filed Date: 03/07/2008. Duke Energy Carolinas, LLC submits Agreement 6 with Wisconsin Public Accession Number: 20080310–0183. Third Revised Rate Schedule 316, the Power Inc.

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Filed Date: 03/28/2008. Agreement for Services to Replace the Applicants: Public Service Electric Accession Number: 20080331–0055. Remote Terminal Unit at TM Goodrich and Gas Company; PSEG Energy Comment Date: 5 p.m. Eastern Time Receiving Station between City of Resources & Trade LLC. on Friday, April 18, 2008. Pasadena. Description: Public Service Electric Docket Numbers: ER08–736–000. Filed Date: 03/28/2008. and Gas Co et al. submit a request for Applicants: Wisconsin Power and Accession Number: 20080331–0155. waivers of affiliate standards and Light Company. Comment Date: 5 p.m. Eastern Time authorizations for sales etc. Description: Wisconsin Power and on Friday, April 18, 2008. Filed Date: 03/31/2008. Light Company submits a Notice of Docket Numbers: ER08–742–000. Accession Number: 20080331–4009; Cancellation of Original Service Applicants: El Paso Electric Company. 20080401–0093. Agreement 20 with Wisconsin Public Description: El Paso Electric Company Comment Date: 5 p.m. Eastern Time Power Inc. submits an unexecuted cost-based on Monday, April 21, 2008. Filed Date: 03/28/2008. formula rate Power Sales Agreement for Docket Numbers: ER08–749–000. Accession Number: 20080331–0057. Full Requirements Wholesale Electric Applicants: Xcel Energy; Comment Date: 5 p.m. Eastern Time Service with Rio Grande Electric Southwestern Public Service Company. on Friday, April 18, 2008. Cooperative Inc. Description: Southwestern Public Docket Numbers: ER08–737–000. Filed Date: 03/28/2008. Service Company submits increased Applicants: Wisconsin Power and Accession Number: 20080401–0079. rates, to be effective 6/1/08, applicable Light Company. Comment Date: 5 p.m. Eastern Time to service to the wholesale full Description: Wisconsin Power and on Friday, April 18, 2008. requirements customers etc. Light Company submits a Notice of Docket Numbers: ER08–742–001. Filed Date: 04/02/2008. Cancellation of Original Service Applicants: El Paso Electric Company. Accession Number: 20080402–0062. Comment Date: 5 p.m. Eastern Time Agreement 14 with Village of Mt. Horeb. Description: El Paso Electric Company Filed Date: 03/28/2008. submits an unexecuted cost-based on Wednesday, April 23, 2008. Accession Number: 20080331–0056. formula rate Power Sales Agreement for Docket Numbers: ER08–753–000. Comment Date: 5 p.m. Eastern Time Full Requirements Wholesale Electric Applicants: El Paso Electric Company. on Friday, April 18, 2008. Service between EPE and Rio Grande Description: El Paso Electric Company submits a Network Operating Docket Numbers: ER08–738–000. Electric Cooperative Inc. Agreement executed with Rio Grande Applicants: Wisconsin Power and Filed Date: 03/31/2008. Electric Cooperative, Inc. Light Company. Accession Number: 20080401–0061. Comment Date: 5 p.m. Eastern Time Filed Date: 03/28/2008. Description: Wisconsin Power and Accession Number: 20080401–0060. on Monday, April 21, 2008. Light Company submits a Notice of Comment Date: 5 p.m. Eastern Time Cancellation of Original Service Docket Numbers: ER08–743–000. on Friday, April 18, 2008. Agreement 15 with Wisconsin Public Applicants: Southwest Power Pool, Docket Numbers: ER08–754–000. Power Inc. Inc. Applicants: The American Electric Filed Date: 03/28/2008. Description: Southwest Power Pool Power Service Corp. Accession Number: 20080331–0058. Inc. submits revised pages to its Open Description: American Electric Power Comment Date: 5 p.m. Eastern Time Access Transmission Tariff or intended Service Corporation submits a Notice of on Friday, April 18, 2008. to implement a rate change for Westar Cancellation of Service Agreements Docket Numbers: ER08–739–000. Energy, Inc., which is a transmission under CSW Operating Companies Applicants: Appalachian Power owner and pricing zone under the SPP Second Substitute FERC Electric Tariff, Company. tariff. Original Volume 8. Description: American Electric Power Filed Date: 03/28/2008. Filed Date: 03/31/2008. Company Inc. submits First Revised Accession Number: 20080401–0064. Accession Number: 20080401–0063. Sheet 13 et al. to FERC Rate Schedule Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time 151. on Friday, April 18, 2008. on Monday, April 21, 2008. Filed Date: 03/28/2008. Docket Numbers: ER08–744–000. Docket Numbers: ER08–756–000. Accession Number: 20080331–0059. Applicants: PJM Interconnection, Applicants: Southern Company Comment Date: 5 p.m. Eastern Time L.L.C. Services, Inc. on Friday, April 18, 2008. Description: PJM Interconnection LLC Description: Southern Company Docket Numbers: ER08–740–000. submits revisions to the PJM Open Services, Inc. on behalf of Alabama Applicants: Appalachian Power Access Transmission Tariff and Power Company et al. submits Company. Amended and Restated Operating Transmission Facility Cost Allocation Description: Appalachian Power Agreement. Tariff and Pro Forma Service Company submits a Cost-Based Formula Filed Date: 03/28/2008. Agreement. Rate Agreement—Rate Schedule 157 for Accession Number: 20080401–0065. Filed Date: 03/28/2008. Full Requirements Electric Service Comment Date: 5 p.m. Eastern Time Accession Number: 20080401–0059. dated 03/26/07 with Kingsport Power on Friday, April 18, 2008. Comment Date: 5 p.m. Eastern Time Company. Docket Numbers: ER08–746–000. on Friday, April 18, 2008. Filed Date: 03/28/2008. Applicants: Southwest Power Pool. Docket Numbers: ER08–757–000. Accession Number: 20080331–0060. Description: Southwest Power Pool, Applicants: The American Electric Comment Date: 5 p.m. Eastern Time Inc. submits a proposal to revise its Power Service Corp. on Friday, April 18, 2008. OATT. Description: American Electric Power Docket Numbers: ER08–741–000. Filed Date: 03/28/2008. Service Corporation submits Notice of Applicants: Southern California Accession Number: 20080401–0095. Cancellation of Service Agreements Edison Company. Comment Date: 5 p.m. Eastern Time under American Electric Power Service Description: Southern California on Friday, April 18, 2008. Corporation’s FERC Electric Tariff, First Edison Company submits a Letter Docket Numbers: ER08–748–000. Revised Volume 2, effective 3/31/08.

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Filed Date: 03/31/2008. Filed Date: 04/01/2008. Comment Date: 5 p.m. Eastern Time Accession Number: 20080401–0062. Accession Number: 20080402–5009. on Wednesday, April 09, 2008. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Docket Numbers: OA08–78–001. on Monday, April 21, 2008. on Tuesday, April 22, 2008. Applicants: MidAmerican Energy Docket Numbers: ER08–758–000. Docket Numbers: ES08–40–000. Company. Applicants: The American Electric Applicants: Golden Spread Description: Errata to Order No. Power Service Corp. Cooperative, Inc. 890–A Implementation Filing. Description: American Electric Power Description: Application of Golden Filed Date: 03/31/2008. Company Inc. submits Notice of Spread Electric Cooperative, Inc., for Accession Number: 20080401–5132. Cancellation of Service Agreements Authorization to Issue Securities. Comment Date: 5 p.m. Eastern Time under American Electric Power Service Filed Date: 04/01/2008. on Monday, April 21, 2008. Corporation’s FERC Electric Tariff, Accession Number: 20080402–5011. Docket Numbers: OA08–93–001. Original Volume 5. Comment Date: 5 p.m. Eastern Time Applicants: South Carolina Electric & Filed Date: 03/31/2008. on Tuesday, April 22, 2008. Gas Company. Accession Number: 20080401–0066. Take notice that the Commission Description: Redline Tariff of South Comment Date: 5 p.m. Eastern Time received the following open access Carolina Electric & Gas Company. on Monday, April 21, 2008. transmission tariff filings: Filed Date: 03/27/2008. Docket Numbers: ER08–759–000. Docket Numbers: OA07–28–002. Accession Number: 20080328–5122. Applicants: San Diego Gas & Electric Applicants: Avista Corporation. Comment Date: 5 p.m. Eastern Time Company. Description: Avista Corporation’s on Thursday, April 17, 2008. Description: San Diego Gas & Electric Compliance Filing. Docket Numbers: OA08–96–000. Company submits changes in the rates Filed Date: 04/01/2008. Applicants: Southern Company. set forth in its Transmission Owner Accession Number: 20080401–5106. Description: Order No. 890 Tariff. Comment Date: 5 p.m. Eastern Time compliance filing of Southern Filed Date: 03/28/2008. on Tuesday, April 22, 2008. Company’s proposing mechanisms for Accession Number: 20080401–0058. the distribution of penalty revenues. Docket Numbers: OA07–44–003. Comment Date: 5 p.m. Eastern Time Filed Date: 04/01/2008. Applicants: El Paso Electric Company. on Friday, April 18, 2008. Accession Number: 20080401–5172. Description: El Paso Electric Company Comment Date: 5 p.m. Eastern Time Docket Numbers: ER08–760–000. submit an Annual Compliance Report as Applicants: California Independent on Tuesday, April 22, 2008. required by order Nos. 890 and 890–A. System Operator Corporation. Filed Date: 04/01/2008. Docket Numbers: OA08–97–000. Description: California Independent Accession Number: 20080401–5176. Applicants: MidAmerican Energy System Operator Corporation submits Comment Date: 5 p.m. Eastern Time Company. proposed amendments to the ISO Tariff Description: Order Nos. 890 and on Tuesday, April 22, 2008. to implement a Transitional Capacity 890–A Implementation Filing of Procurement Mechanism. Docket Numbers: OA07–53–002; MidAmerican Energy Company. Filed Date: 03/28/2008. OA08–67–002. Filed Date: 04/01/2008. Accession Number: 20080401–0080. Applicants: Progress Energy, Inc. Accession Number: 20080402–5035. Comment Date: 5 p.m. Eastern Time Description: Correction Filing Comment Date: 5 p.m. Eastern Time on Friday, April 18, 2008. supplements March 3, 2008, compliance on Tuesday, April 22, 2008. Docket Numbers: ER08–761–000. filing by Progress Energy, Inc., on behalf Any person desiring to intervene or to Applicants: Carolina Power & Light of Carolina Power & Light Co. and protest in any of the above proceedings Company. Florida Power Corp. must file in accordance with Rules 211 Description: Carolina Power & Light Filed Date: 03/31/2008. and 214 of the Commission’s Rules of Company doing business as Progress Accession Number: 20080331–5074. Practice and Procedure (18 CFR 385.211 Energy Carolinas, Inc. submits a Power Comment Date: 5 p.m. Eastern Time and 385.214) on or before 5 p.m. Eastern Sales Agreement between PEC and on Monday, April 21, 2008. time on the specified comment date. It North Carolina Electric membership Docket Numbers: OA07–104–001. is not necessary to separately intervene Corporation, Rate Schedule FERC 179, Applicants: Maine Public Service again in a subdocket related to a etc. Company. compliance filing if you have previously Filed Date: 03/31/2008. Description: Maine Public Service intervened in the same docket. Protests Accession Number: 20080401–0055. Company submits Substitute First will be considered by the Commission Comment Date: 5 p.m. Eastern Time Revised Sheet 163 et al. to FERC Electric in determining the appropriate action to on Monday, April 21, 2008. Tariff, 1st Revised Volume 4, in be taken, but will not serve to make Take notice that the Commission compliance with the Commission’s protestants parties to the proceeding. received the following electric securities 2/25/08 Letter Order. Anyone filing a motion to intervene or filings: Filed Date: 03/26/2008. protest must serve a copy of that Docket Numbers: ES08–39–000. Accession Number: 20080328–0122. document on the Applicant. In reference Applicants: Allegheny Generating Comment Date: 5 p.m. Eastern Time to filings initiating a new proceeding, Company; Monongahela Power on Wednesday, April 16, 2008. interventions or protests submitted on Company; West Penn Power Company; Docket Numbers: OA08–63–000. or before the comment deadline need The Potomac Edison Company. Applicants: Ohio Valley Electric not be served on persons other than the Description: Joint Application Under Corporation. Applicant. Section 204 of the Federal Power Act for Description: Order No. 890–A OATT The Commission encourages Authorization Under Section 204(A) to Filing of Ohio Valley Electric electronic submission of protests and Issue Short-Term Debt in Connection Corporation. interventions in lieu of paper, using the with the Allegheny Money Pool by Filed Date: 03/14/2008. FERC Online links at http:// Monongahela Power Company, et al. Accession Number: 20080314–5084. www.ferc.gov. To facilitate electronic

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service, persons with Internet access for System Energy Resources, Inc., and negotiated rate agreement with Laclede who will eFile a document and/or be Entergy Services, Inc. as listed on the Energy Resources, Inc. listed as a contact for an intervenor Commission’s list of Corporate Officials. Filed Date: 03/31/2008. must create and validate an Any person desiring to intervene or to Accession Number: 20080401–0029. eRegistration account using the protest this filing must file in Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling accordance with Rules 211 and 214 of on Monday, April 14, 2008. link to log on and submit the the Commission’s Rules of Practice and Docket Numbers: RP96–200–188. intervention or protests. Procedure (18 CFR 385.211, 385.214). Applicants: CenterPoint Energy Gas Persons unable to file electronically Protests will be considered by the Transmission Company. should submit an original and 14 copies Commission in determining the Description: CenterPoint Energy Gas of the intervention or protest to the appropriate action to be taken, but will Transmission Company submits a Federal Energy Regulatory Commission, not serve to make protestants parties to negotiated rate agreement with Coral 888 First St., NE., Washington, DC the proceeding. Any person wishing to Energy Resources, LP. 20426. become a party must file a notice of Filed Date: 03/31/2008. The filings in the above proceedings intervention or motion to intervene, as Accession Number: 20080401–0030. are accessible in the Commission’s appropriate. The Respondent’s answer Comment Date: 5 p.m. Eastern Time eLibrary system by clicking on the and all interventions, or protests must on Monday, April 14, 2008. appropriate link in the above list. They be filed on or before the comment date. Docket Numbers: RP96–200–189. are also available for review in the The Respondent’s answer, motions to Applicants: CenterPoint Energy Gas Commission’s Public Reference Room in intervene, and protests must be served Transmission Company. Washington, DC. There is an on the Complainants. Description: CenterPoint Energy Gas eSubscription link on the Web site that The Commission encourages Transmission Company submits a enables subscribers to receive e-mail electronic submission of protests and negotiated rate agreement with Aquila, notification when a document is added interventions in lieu of paper using the Inc. to a subscribed dockets(s). For ‘‘eFiling’’ link at http://www.ferc.gov. Filed Date: 03/31/2008. assistance with any FERC Online Persons unable to file electronically Accession Number: 20080401–0031. service, please e-mail should submit an original and 14 copies Comment Date: 5 p.m. Eastern Time [email protected]. or call of the protest or intervention to the on Monday, April 14, 2008. (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory Commission, (202) 502–8659. 888 First Street, NE., Washington, DC Docket Numbers: RP96–200–190. 20426. Applicants: CenterPoint Energy Gas Nathaniel J. Davis, Sr., This filing is accessible on-line at Transmission Company. Deputy Secretary. http://www.ferc.gov, using the Description: CenterPoint Energy Gas [FR Doc. E8–7421 Filed 4–8–08; 8:45 am] ‘‘eLibrary’’ link and is available for Transmission Company submits a BILLING CODE 6717–01–P review in the Commission’s Public negotiated rate agreement with Oneok Reference Room in Washington, DC. Energy Services Company, LP. There is an ‘‘eSubscription’’ link on the Filed Date: 03/31/2008. DEPARTMENT OF ENERGY Web site that enables subscribers to Accession Number: 20080401–0033. receive e-mail notification when a Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory document is added to a subscribed on Monday, April 14, 2008. Commission docket(s). For assistance with any FERC Docket Numbers: RP96–200–191. [Docket No. EL08–50–000] Online service, please e-mail Applicants: CenterPoint Energy Gas [email protected], or call Transmission Company. Louisiana Public Service Commission: (866) 208–3676 (toll free). For TTY, call Description: CenterPoint Energy Gas Complainant, v. System Energy (202) 502–8659. Transmission Company submits two Resources, Inc., and Entergy Services, Comment Date: 5 pm Eastern Time on negotiated rate agreements with Inc.: Respondents; Notice of April 21, 2008. ConAgra Trade Group, Inc. Complaint Kimberly D. Bose, Filed Date: 03/31/2008. Accession Number: 20080401–0032. April 2, 2008. Secretary. Take notice that on March 31, 2008, Comment Date: 5 p.m. Eastern Time [FR Doc. E8–7420 Filed 4–8–08; 8:45 am] on Monday, April 14, 2008. the Louisiana Public Service BILLING CODE 6717–01–P Commission filed a formal complaint Docket Numbers: RP96–272–071. against System Energy Resources, Inc. Applicants: Northern Natural Gas (SERI), and Entergy Services, Inc., DEPARTMENT OF ENERGY Company. pursuant to section 206 of the Federal Description: Northern Natural Gas Power Act, 16 U.S.C. 824e and 18 CFR Federal Energy Regulatory Company submits 47 Revised Sheet 66A 386.206, alleging that depreciation and Commission et al to its FERC Gas Tariff, Fifth decommissioning expenses should be Revised Volume 1, to become effective Combined Notice of Filings #1 calculated for the Grand Gulf Nuclear 4/1/08. Unit and the Unit Power Sales Wednesday April 2, 2008. Filed Date: 03/31/2008. Agreement using the current estimated Take notice that the Commission has Accession Number: 20080401–0036. useful life of that unit and that the received the following Natural Gas Comment Date: 5 p.m. Eastern Time return on equity allowed to SERI under Pipeline Rate and Refund Report filings: on Monday, April 14, 2008. the Unit Power Sales Agreement should Docket Numbers: RP96–200–187. Docket Numbers: RP96–320–085. be lowered. Applicants: CenterPoint Energy Gas Applicants: Gulf South Pipeline The Louisiana Public Service Transmission Company. Company, LP. Commission certifies that copies of the Description: CenterPoint Energy Gas Description: Gulf South Pipeline complaint were served on the contacts Transmission Company submits a Company LP submits a negotiated rate

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letter agreement executed with Atmos Revised Sheet 4 et al. to FERC Gas Filed Date: 03/31/2008. Energy Corporation as Contract 35227. Tariff, Third Revised Volume 1, to Accession Number: 20080401–0194. Filed Date: 03/31/2008. become effective 5/1/08. Comment Date: 5 p.m. Eastern Time Accession Number: 20080401–0040. Filed Date: 03/31/2008. on Monday, April 14, 2008. Comment Date: 5 p.m. Eastern Time Accession Number: 20080401–0037. on Monday, April 14, 2008. Comment Date: 5 p.m. Eastern Time Any person desiring to intervene or to Docket Numbers: RP96–320–086. on Monday, April 14, 2008. protest in any of the above proceedings must file in accordance with Rules 211 Applicants: Gulf South Pipeline Docket Numbers: RP08–293–000. and 214 of the Commission’s Rules of Company, LP. Applicants: Natural Gas Pipeline Practice and Procedure (18 CFR 385.211 Description: Gulf South Pipeline Company of America. and 385.214) on or before 5 p.m. Eastern Company LP submits a negotiated rate Description: Penalty Revenue time on the specified comment date. It letter agreement executed with Atmost Crediting Report for Natural Gas is not necessary to separately intervene Energy Corporation as Contract 35266. Pipeline Company of America LLC. again in a subdocket related to a Filed Date: 03/31/2008. Filed Date: 03/31/2008. compliance filing if you have previously Accession Number: 20080401–0041. Accession Number: 20080331–5058. intervened in the same docket. Protests Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time will be considered by the Commission on Monday, April 14, 2008. on Monday, April 14, 2008. in determining the appropriate action to Docket Numbers: RP96–320–087. Docket Numbers: RP08–294–000. Applicants: Gulf South Pipeline be taken, but will not serve to make Applicants: Northern Border Pipeline protestants parties to the proceeding. Company, LP. Company. Description: Gulf South Pipeline Anyone filing a motion to intervene or Description: Northern Border Pipeline protest must serve a copy of that Company LP submits a negotiated rate Co submits Eleventh Revised Sheet 99 letter agreement executed with Willmut document on the Applicant. In reference to FERC Gas Tariff, First Revised to filings initiating a new proceeding, Gas & Oil Co as Contract 35221. Volume 1. Filed Date: 03/31/2008. interventions or protests submitted on Filed Date: 03/31/2008. or before the comment deadline need Accession Number: 20080401–0042. Accession Number: 20080401–0027. Comment Date: 5 p.m. Eastern Time not be served on persons other than the Comment Date: 5 p.m. Eastern Time Applicant. on Monday, April 14, 2008. on Monday, April 14, 2008. Docket Numbers: RP99–176–159. The Commission encourages Docket Numbers: RP08–295–000. Applicants: Natural Gas Pipeline electronic submission of protests and Applicants: Columbia Gas Company of America. interventions in lieu of paper, using the Transmission Corporation. Description: Natural Gas Pipeline FERC Online links at http:// Description: Columbia Gas Company of America LLC submits www.ferc.gov. To facilitate electronic Transmission Corp submits Seventh amendment with negotiated rate service, persons with Internet access Revised Sheet 197 to FERC Gas Tariff, exhibits to existing Transportation Rate who will eFile a document and/or be Second Revised Volume 1. Schedule FTS Agreement w/Nicor Gas listed as a contact for an intervenor Filed Date: 03/31/2008. Company etc. must create and validate an Filed Date: 03/31/2008. Accession Number: 20080401–0028. eRegistration account using the Accession Number: 20080331–0173. Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008. link to log on and submit the on Monday, April 14, 2008. Docket Numbers: RP08–297–000. intervention or protests. Docket Numbers: RP08–285–000. Applicants: Southern LNG Inc. Persons unable to file electronically Applicants: Cheyenne Plains Gas Description: Southern LNG, Inc should submit an original and 14 copies Pipeline Company LLC. submits First Revised Sheet 69 et al. to of the intervention or protest to the Description: Cheyenne Plains Gas FERC Gas Tariff, Seventh Revised Federal Energy Regulatory Commission, Pipeline Company, LLC submits First Volume 1. 888 First St., NE., Washington, DC Revised Sheet 314 to FERC Gas Tariff, Filed Date: 03/31/2008. 20426. Accession Number: 20080401–0196. Original Volume 1, to become effective The filings in the above proceedings 4/28/08. Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008. are accessible in the Commission’s Filed Date: 03/27/2008. eLibrary system by clicking on the Accession Number: 20080328–0133. Docket Numbers: RP08–298–000. appropriate link in the above list. They Comment Date: 5 p.m. Eastern. Applicants: Cheyenne Plains Gas are also available for review in the Docket Numbers: RP08–291–000. Pipeline Company LLC. Commission’s Public Reference Room in Applicants: Panhandle Eastern Pipe Description: Cheyenne Plains Gas Washington, D.C. There is an Line Company, LP. Pipeline Co, LLC submits its Second eSubscription link on the Web site that Description: Panhandle Eastern Pipe Revised Sheet 200 et al. to its FERC Gas enables subscribers to receive e-mail Line Company LP submits their Annual Tariff, Original Volume 1. notification when a document is added Report of Flow Through of Penalty Filed Date: 03/31/2008. to a subscribed dockets(s). For Revenues. Accession Number: 20080401–0195. assistance with any FERC Online Filed Date: 03/31/2008. Comment Date: 5 p.m. Eastern Time service, please e-mail Accession Number: 20080401–0038. on Monday, April 14, 2008. [email protected]. or call Comment Date: 5 p.m. Eastern Time Docket Numbers: RP08–299–000. (866) 208–3676 (toll free). For TTY, call on Monday, April 14, 2008. Applicants: National Fuel Gas Supply (202) 502–8659. Docket Numbers: RP08–292–000. Corporation. Applicants: Panhandle Eastern Pipe Description: National Fuel Gas Supply Nathaniel J. Davis, Sr., Line Company, LP. Corp submits copies of the 113th Deputy Secretary. Description: Panhandle Eastern Pipe Revised Sheet 9 to its FERC Gas Tariff, [FR Doc. E8–7422 Filed 4–8–08; 8:45 am] Line Company LP submits Eighteenth Fourth Revised Volume 1. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Description: Gulf South Pipeline (866) 208–3676 (toll free). For TTY, call Company LP submits an amendment to (202) 502–8659. Federal Energy Regulatory a negotiated rate letter agreement Nathaniel J. Davis, Sr., Commission executed by Gulf South and one of its customers in relation to the East Texas Deputy Secretary. Combined Notice of Filings #1 to Mississippi Expansion Project etc. [FR Doc. E8–7423 Filed 4–8–08; 8:45 am] BILLING CODE 6717–01–P April 1, 2008. Filed Date: 03/28/2008. Take notice that the Commission has Accession Number: 20080331–0122. received the following Natural Gas Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY Pipeline Rate and Refund Report filings: on Wednesday, April 09, 2008. Docket Numbers: RP08–286–000. Federal Energy Regulatory Applicants: East Tennessee Natural Any person desiring to intervene or to Commission Gas, LLC. protest in any of the above proceedings Description: East Tennessee Natural must file in accordance with Rules 211 Combined Notice of Filings #2 Gas, LLC submits its Cashout Report for and 214 of the Commission’s Rules of April 3, 2008. November 2006 through October 2007. Practice and Procedure (18 CFR 385.211 Filed Date: 03/28/2008. and 385.214) on or before 5 p.m. Eastern Take notice that the Commission has Accession Number: 20080331–0053. time on the specified comment date. It received the following Natural Gas Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene Pipeline Rate and Refund Report filings: Docket Numbers: RP99–480–020. on Wednesday, April 09, 2008. again in a subdocket related to a Applicants: Texas Eastern compliance filing if you have previously Docket Numbers: RP08–287–000. Transmission LP. intervened in the same docket. Protests Applicants: Rockies Express Pipeline Description: Texas Eastern will be considered by the Commission LLC. Transmission LP submits Original Sheet in determining the appropriate action to Description: Annual Incidental 118 et al. to FERC Gas Tariff, Seventh be taken, but will not serve to make Purchases and Sales Report of Rockies Revised Volume 1. protestants parties to the proceeding. Express Pipeline LLC. Filed Date: 04/01/2008. Anyone filing a motion to intervene or Filed Date: 03/28/2008. Accession Number: 20080403–0044. Accession Number: 20080328–5093. protest must serve a copy of that Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference on Monday, April 14, 2008. on Wednesday, April 09, 2008. to filings initiating a new proceeding, Docket Numbers: RP99–513–045. Docket Numbers: RP08–288–000. interventions or protests submitted on or before the comment deadline need Applicants: Questar Pipeline Applicants: Trailblazer Pipeline Company. Company LLC. not be served on persons other than the Applicant. Description: Questar Pipeline Description: Trailblazer Pipeline Company submits Forty-Third Revised Company LLC submits part of The Commission encourages Sheet 7 et al. to FERC Gas Tariff, First Trailblazer’s FERC Gas Tariff, Fourth electronic submission of protests and Revised Volume 1, to be effective 11/1/ Revised Volume 1 tariff and First interventions in lieu of paper, using the 07. Revised Sheet 11. FERC Online links at http:// Filed Date: 04/02/2008. Filed Date: 03/28/2008. www.ferc.gov. To facilitate electronic Accession Number: 20080403–0042. Accession Number: 20080331–0120. service, persons with Internet access Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be on Monday, April 14, 2008. on Wednesday, April 09, 2008. listed as a contact for an intervenor Docket Numbers: RP05–157–011. Docket Numbers: RP08–289–000. must create and validate an Applicants: Saltville Gas Storage Applicants: ANR Pipeline Company. eRegistration account using the Company L.L.C. Description: ANR Pipeline Company eRegistration link. Select the eFiling Description: Saltville Gas Storage submits Fifteenth Revised Sheet 17A link to log on and submit the Company LLC submits Original Sheet and Third Revised Sheet 17B of its intervention or protests. 21A to FERC Gas Tariff, Original FERC Gas Tariff, Second Revised Persons unable to file electronically Volume 1, to become effective 4/1/08. Volume 1, to become effective May 1, should submit an original and 14 copies Filed Date: 04/01/2008. 2008. of the intervention or protest to the Accession Number: 20080403–0043. Filed Date: 03/28/2008. Federal Energy Regulatory Commission, Comment Date: 5 p.m. Eastern Time Accession Number: 20080331–0121. 888 First St., NE., Washington, DC on Monday, April 14, 2008. Comment Date: 5 p.m. Eastern Time 20426. Docket Numbers: RP08–303–000. on Wednesday, April 09, 2008. The filings in the above proceedings Applicants: CenterPoint Energy Gas Docket Numbers: RP08–296–000. are accessible in the Commission’s Transmission Co. Applicants: Horizon Pipeline eLibrary system by clicking on the Description: CenterPoint Energy Gas Company, L.L.C. appropriate link in the above list. They Transmission Co submits Sixteenth Description: Horizon Pipeline are also available for review in the Revised Sheet 17 et al. to its FERC Gas Company, L.L.C.’s Penalty Revenue Commission’s Public Reference Room in Tariff, Sixth Revised Volume 1, to be Crediting Report. Washington, DC. There is an effective 5/1/08. Filed Date: 03/28/2008. eSubscription link on the Web site that Filed Date: 04/01/2008. Accession Number: 20080331–5095. enables subscribers to receive e-mail Accession Number: 20080402–0090. Comment Date: 5 p.m. Eastern Time notification when a document is added Comment Date: 5 p.m. Eastern Time on Wednesday, April 09, 2008. to a subscribed dockets(s). For on Monday, April 14, 2008. Docket Numbers: RP96–320–083. assistance with any FERC Online Docket Numbers: RP08–304–000. Applicants: Gulf South Pipeline service, please e-mail Applicants: Freebird Gas Storage, Company, LP. [email protected]. or call LLC.

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Description: Freebird Gas Storage, Washington, DC. There is an Accession Number: 20080402–0082. LLC submits Original Sheet 1 et al. to eSubscription link on the Web site that Comment Date: 5 p.m. Eastern Time FERC Gas Tariff, First Revised Volume enables subscribers to receive e-mail on Monday, April 14, 2008. 1, to become effective 5/1/08. notification when a document is added Docket Numbers: RP99–301–204. Filed Date: 04/01/2008. to a subscribed dockets(s). For Applicants: ANR Pipeline Company. Accession Number: 20080403–0253. assistance with any FERC Online Description: ANR Pipeline Company Comment Date: 5 p.m. Eastern Time service, please e-mail submits Rate Schedule FTS–1 and on Monday, April 14, 2008. [email protected] or call Gathering negotiated rate service Docket Numbers: RP08–305–000. (866) 208–3676 (toll free). For TTY, call agreement between ANR and Eagle Applicants: Columbia Gulf (202) 502–8659. Energy Partners I, LP etc. Filed Date: 04/01/2008. Transmission Company. Nathaniel J. Davis, Sr., Description: Columbia Gulf Accession Number: 20080402–0083. Deputy Secretary. Transmission Co submits First Revised Comment Date: 5 p.m. Eastern Time Sheet 241 to FERC Gas Tariff, Second [FR Doc. E8–7424 Filed 4–8–08; 8:45 am] on Monday, April 14, 2008. Revised Volume 1, to become effective BILLING CODE 6717–01–P Docket Numbers: RP99–301–205. 5/2/08. Applicants: ANR Pipeline Company. Filed Date: 04/02/2008. Description: ANR Pipeline Company DEPARTMENT OF ENERGY Accession Number: 20080403–0251. submits amendment to Rate Schedule Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory FSS negotiated rate agreement between on Monday, April 14, 2008. Commission ANR and Wisconsin Electric Power Co. Any person desiring to intervene or to Filed Date: 04/01/2008. protest in any of the above proceedings Combined Notice of Filings #1 Accession Number: 20080402–0086. must file in accordance with Rules 211 Comment Date: 5 p.m. Eastern Time and 214 of the Commission’s Rules of April 3, 2008. on Monday, April 14, 2008. Practice and Procedure (18 CFR 385.211 Take notice that the Commission has Docket Numbers: RP99–301–206. and 385.214) on or before 5 p.m. Eastern received the following Natural Gas Applicants: ANR Pipeline Company. time on the specified comment date. It Pipeline Rate and Refund Report filings: Description: ANR Pipeline Company is not necessary to separately intervene Docket Numbers: RP99–176–160. submits amendment to Rate Schedule again in a subdocket related to a Applicants: Natural Gas Pipeline FTS–1 negotiated rate agreements and compliance filing if you have previously Company of America. Rate Schedule ETS negotiated rate intervened in the same docket. Protests Description: Natural Gas Pipeline agreement between ANR and Wisconsin will be considered by the Commission Company of America LLC submits the Public Service Corporation. in determining the appropriate action to Third Revised Sheet 26U to FERC Gas Filed Date: 04/01/2008. be taken, but will not serve to make Tariff, Sixth Revised Volume 1, to be Accession Number: 20080402–0087. protestants parties to the proceeding. effective 4/1/08. Comment Date: 5 p.m. Eastern Time Anyone filing a motion to intervene or Filed Date: 04/01/2008. on Monday, April 14, 2008. protest must serve a copy of that Accession Number: 20080402–0085. Docket Numbers: RP00–426–033. document on the Applicant. In reference Comment Date: 5 p.m. Eastern Time Applicants: Texas Gas Transmission, to filings initiating a new proceeding, on Monday, April 14, 2008. LLC. interventions or protests submitted on Docket Numbers: RP99–301–201. Description: Texas Gas Transmission, or before the comment deadline need Applicants: ANR Pipeline Company. LLC submits Original Sheet 55B et al. to not be served on persons other than the Description: ANR Pipeline Company FERC Gas Tariff, Second Revised Applicant. submits an amendment to one Rate Volume 1 etc. The Commission encourages Schedule FSS negotiated rate agreement Filed Date: 03/31/2008. electronic submission of protests and between ANR and Wisconsin Gas LLC. Accession Number: 20080402–0088. interventions in lieu of paper, using the Filed Date: 04/01/2008. Comment Date: 5 p.m. Eastern Time FERC Online links at http:// Accession Number: 20080402–0080. on Monday, April 14, 2008. www.ferc.gov. To facilitate electronic Comment Date: 5 p.m. Eastern Time Docket Numbers: RP02–534–006. service, persons with Internet access on Monday, April 14, 2008. Applicants: Guardian Pipeline, LLC. who will eFile a document and/or be Docket Numbers: RP99–301–202. Description: Guardian Pipeline LLC listed as a contact for an intervenor Applicants: ANR Pipeline Company. submits First Revised Sheet 7 to FERC must create and validate an Description: ANR Pipeline Company Gas Tariff, Original Volume 1, to eRegistration account using the submits an amendment to Rate become effective 4/1/08. eRegistration link. Select the eFiling Schedule FSS negotiated rate Filed Date: 03/28/2008. link to log on and submit the agreements between ANR and Accession Number: 20080401–0039. intervention or protests. Wisconsin Public Service Corp. Comment Date: 5 p.m. Eastern Time Persons unable to file electronically Filed Date: 04/01/2008. on Wednesday, April 09, 2008. should submit an original and 14 copies Accession Number: 20080402–0081. Docket Numbers: RP06–407–009. of the intervention or protest to the Comment Date: 5 p.m. Eastern Time Applicants: Gas Transmission Federal Energy Regulatory Commission, on Monday, April 14, 2008. Northwest Corporation. 888 First St., NE., Washington, DC Docket Numbers: RP99–301–203. Description: Gas Transmission 20426. Applicants: ANR Pipeline Company. Northwest Corp’s CD that contains the The filings in the above proceedings Description: ANR Pipeline Company Rate Case Settlement Refund Report, are accessible in the Commission’s submits an amendment to Rate Cover Letter, and Appendices A-E. eLibrary system by clicking on the Schedule FSS negotiated rate agreement Filed Date: 03/28/2008. appropriate link in the above list. They between ANR and Wisconsin Electric Accession Number: 20080328–4005. are also available for review in the Power Co. Comment Date: 5 p.m. Eastern Time Commission’s Public Reference Room in Filed Date: 04/01/2008. on Wednesday, April 09, 2008.

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Docket Numbers: RP06–595–010. The Commission encourages Comment Date: 5 p.m. Eastern Time Applicants: Discovery Gas electronic submission of protests and on Monday, April 21, 2008. Transmission LLC. interventions in lieu of paper, using the Docket Numbers: ER08–770–000. Description: Discovery Gas FERC Online links at http:// Applicants: Longview Power, LLC. Transmission LLC submits the Tenth www.ferc.gov. To facilitate electronic Description: Longview Power, LLC Revised Sheet 22 et al. to FERC Gas service, persons with Internet access submits a Petition for Acceptance of Tariff, Original Volume 1 to become who will eFile a document and/or be Initial Rate Schedule, Waivers and effective 4/1/08. listed as a contact for an intervenor Blanket Authorization, and Request for Filed Date: 04/01/2008. must create and validate an Expedited Treatment. Accession Number: 20080402–0084. eRegistration account using the Filed Date: 03/31/2008. Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling Accession Number: 20080403–0073. on Monday, April 14, 2008. link to log on and submit the Comment Date: 5 p.m. Eastern Time Docket Numbers: RP08–267–001. intervention or protests. on Monday, April 21, 2008. Applicants: Texas Eastern Persons unable to file electronically Docket Numbers: ER08–771–000. Transmission LP. should submit an original and 14 copies Applicants: North Allegheny Wind, Description: Texas Eastern of the intervention or protest to the LLC. Transmission, LP submits Notice of Federal Energy Regulatory Commission, Description: North Allegheny Wind, Withdrawal of First Revised Sheet 381 888 First St., NE., Washington, DC LLC submits an Application for Order of its FERC Gas Tariff, Seventh Revised 20426. Accepting Market-Based Rate Tariff, Volume 1. The filings in the above proceedings Granting Waivers and Blanket Filed Date: 03/31/2008. are accessible in the Commission’s Authority. Accession Number: 20080401–0197. eLibrary system by clicking on the Filed Date: 04/01/2008. Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They Accession Number: 20080403–0072. on Wednesdays, April 9, 2008. are also available for review in the Comment Date: 5 p.m. Eastern Time Commission’s Public Reference Room in Docket Numbers: RP08–301–000. on Tuesday, April 22, 2008. Washington, DC. There is an Applicants: Vector Pipeline L.P. Docket Numbers: ER08–776–000. eSubscription link on the Web site that Description: Vector Pipeline, LP Applicants: Panda Brandywine LP. enables subscribers to receive e-mail submits its Annual Fuel Use Report for Description: Panda-Brandywine, LP notification when a document is added the period 1/1/07 through 12/31/07 submits an Application for an Order to a subscribed dockets(s). For pursuant to Section 154.502 of the Accepting Initial Market-Based Rate assistance with any FERC Online Commission’s Regulations. Tariff, Waiving Regulations, and service, please e-mail Filed Date: 03/31/2008. Granting Blanket Approvals. Accession Number: 20080402–0100. [email protected]. or call Filed Date: 04/02/2008. Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call Accession Number: 20080403–0066. on Monday, April 14, 2008. (202) 502–8659. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP08–302–000. Nathaniel J. Davis, Sr., on Wednesday, April 23, 2008. Applicants: Avista Corporation. Deputy Secretary. Any person desiring to intervene or to Description: Avista Corp submits [FR Doc. E8–7425 Filed 4–8–08; 8:45 am] protest in any of the above proceedings Third Revised Sheet 3 et al. to its FERC BILLING CODE 6717–01–P must file in accordance with Rules 211 Gas Tariff, Original Volume 2, to and 214 of the Commission’s Rules of become effective April 30, 2008. Practice and Procedure (18 CFR 385.211 Filed Date: 03/31/2008. DEPARTMENT OF ENERGY and 385.214) on or before 5 p.m. Eastern Accession Number: 20080402–0089. time on the specified comment date. It Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory is not necessary to separately intervene on Monday, April 14, 2008. Commission again in a subdocket related to a Any person desiring to intervene or to compliance filing if you have previously Combined Notice of Initial Market- protest in any of the above proceedings intervened in the same docket. Protests Based Rate Filings must file in accordance with Rules 211 will be considered by the Commission and 214 of the Commission’s Rules of April 3, 2008. in determining the appropriate action to Practice and Procedure (18 CFR 385.211 Take notice that the Commission be taken, but will not serve to make and 385.214) on or before 5 p.m. Eastern received the following filings seeking protestants parties to the proceeding. time on the specified comment date. It market-based rate authorization. Such Anyone filing a motion to intervene or is not necessary to separately intervene filings may include certain waivers and protest must serve a copy of that again in a subdocket related to a blanket approvals, including blanket document on the Applicant. In reference compliance filing if you have previously approval under 18 CFR part 34 of all to filings initiating a new proceeding, intervened in the same docket. Protests future issuances of securities and interventions or protests submitted on will be considered by the Commission assumptions of liability by the or before the comment deadline need in determining the appropriate action to applicants: not be served on persons other than the be taken, but will not serve to make Docket Numbers: ER08–765–000. Applicant. protestants parties to the proceeding. Applicants: KD Power Marketing The Commission encourages Anyone filing a motion to intervene or Services, LLC. electronic submission of protests and protest must serve a copy of that Description: KD Power Marketing interventions in lieu of paper, using the document on the Applicant. In reference Services, LLC submits an Application FERC Online links at http:// to filings initiating a new proceeding, for Acceptance of Initial Market-Based www.ferc.gov. To facilitate electronic interventions or protests submitted on Rate Tariff, Waivers and Blanket service, persons with Internet access or before the comment deadline need Approvals. who will eFile a document and/or be not be served on persons other than the Filed Date: 03/31/2008. listed as a contact for an intervenor Applicant. Accession Number: 20080402–0110. must create and validate an

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eRegistration account using the Filed Date: 03/31/2008; 04/01/2008. Electric Company and Hercules eRegistration link. Select the eFiling Accession Number: 20080402–0113; Municipal Utility. link to log on and submit the 20080402–0125. Filed Date: 03/31/2008. intervention or protests. Comment Date: 5 p.m. Eastern Time Accession Number: 20080403–0040. Persons unable to file electronically on Monday, April 21, 2008. Comment Date: 5 p.m. Eastern Time should submit an original and 14 copies Docket Numbers: ER06–613–005. on Monday, April 21, 2008. of the intervention or protest to the Applicants: ISO New England Inc. Docket Numbers: ER08–749–000. Federal Energy Regulatory Commission, Description: ISO New England Applicants: Xcel Energy; 888 First St., NE., Washington, DC submits report on the status of the Southwestern Public Service Company. 20426. implementation of certain reserve Description: Southwestern Public The filings in the above proceedings market changes that were included as Service Company submits increased are accessible in the Commission’s part of Phase II of the Ancillary Services rates, to be effective June 1, 2008 eLibrary system by clicking on the Market Project. applicable to service to wholesale full appropriate link in the above list. They Filed Date: 04/01/2008. requirements customers Cap Rock are also available for review in the Accession Number: 20080403–0068. Energy Corporation et al. Commission’s Public Reference Room in Comment Date: 5 p.m. Eastern Time Filed Date: 03/31/2008. Washington, DC. There is an on Tuesday, April 22, 2008. Accession Number: 20080402–0063. Comment Date: 5 p.m. Eastern Time eSubscription link on the Web site that Docket Numbers: ER08–375–002. on Monday, April 21, 2008. enables subscribers to receive e-mail Applicants: Southern California notification when a document is added Edison Company. Docket Numbers: ER08–750–000. to a subscribed docket(s). For assistance Description: Southern California Applicants: Entergy Services, Inc.; with any FERC Online service, please Edison submits a descriptive list of the Entergy Arkansas Inc. email [email protected] or costs that they included as Construction Description: Entergy Arkansas Inc call (866) 208–3676 (toll free). For TTY, Work in Progress in rate base. submits the 2008 Wholesale Formula call (202) 502–8659. Filed Date: 03/31/2008. Rate Update in accordance with the Power Coordination, Interchange and Nathaniel J. Davis, Sr., Accession Number: 20080402–0103. Transmission Service Agreements with Deputy Secretary. Comment Date: 5 p.m. Eastern Time on Monday, April 21, 2008. the City of Osceola Arkansas Corp. [FR Doc. E8–7436 Filed 4–8–08; 8:45 am] Filed Date: 03/28/2008. BILLING CODE 6717–01–P Docket Numbers: ER08–441–002. Accession Number: 20080401–0092. Applicants: Velocity American Energy Comment Date: 5 p.m. Eastern Time Master I, L.P. on Friday, April 18, 2008. DEPARTMENT OF ENERGY Description: Velocity American Docket Numbers: ER08–751–000. Energy Master I, LP submits Original Applicants: Entergy Services, Inc.; Federal Energy Regulatory Sheet 1 to FERC Electric Tariff, Original Entergy Arkansas, Inc. Commission Volume 1. Description: Entergy Arkansas, Inc Filed Date: 04/02/2008. submits the 2008 Wholesale Formula Combined Notice of Filings # 1 Accession Number: 20080403–0078. Rate Update. Date: April 03, 2008. Comment Date: 5 p.m. Eastern Time Filed Date: 03/28/2008. Take notice that the Commission on Wednesday, April 23, 2008. Accession Number: 20080401–0091. received the following electric corporate Docket Numbers: ER08–631–001. Comment Date: 5 p.m. Eastern Time filings: Applicants: Raider Dog LLC. on Friday, April 18, 2008. Docket Numbers: EC08–64–000. Description: Raider Dog LLC submits Docket Numbers: ER08–752–000. Applicants: FirstEnergy Nuclear an amendment to the petition for Applicants: Entergy Services, Inc.; Generation Corp. application for acceptance of initial Entergy Arkansas, Inc. Description: FirstEnergy Nuclear tariff, waivers and blanket authority. Description: Entergy Arkansas, Inc Generation Corp. submits an application Filed Date: 03/31/2008. submits the 2008 Wholesale Formula requesting authorization to consummate Accession Number: 20080402–0105. Rate Update. transactions whereby FE Nuclear may Comment Date: 5 p.m. Eastern Time Filed Date: 03/28/2008. acquire interests in existing generating on Monday, April 21, 2008. Accession Number: 20080401–0090. facilities pursuant to Section 203 of Docket Numbers: ER08–665–001. Comment Date: 5 p.m. Eastern Time FPA. Applicants: Eastland Power LLC. on Friday, April 18, 2008. Filed Date: 03/28/2008. Description: Eastland Power, LLC Docket Numbers: ER08–762–000. Accession Number: 20080401–0083. submits an amended application for Applicants: New England Power Pool. Comment Date: 5 p.m. Eastern Time market-based authorizations, certain Description: The New England Power on Friday, April 18, 2008. waivers and blanket Authorizations and Pool Participants Committee submits Take notice that the Commission request for expedited treatment. member applications and terminations received the following electric rate Filed Date: 03/31/2008. of NEPOOL Membership. filings: Accession Number: 20080402–0104. Filed Date: 04/01/2008. Docket Numbers: ER99–2156–013; Comment Date: 5 p.m. Eastern Time Accession Number: 20080402–0101. ER96–719–019; ER97–2801–020. on Monday, April 21, 2008. Comment Date: 5 p.m. Eastern Time Applicants: Cordova Energy Company Docket Numbers: ER08–745–000. on Tuesday, April 22, 2008. LLC; MidAmerican Energy Company; Applicants: Pacific Gas and Electric Docket Numbers: ER08–763–000. PacifiCorp. Company. Applicants: Appalachian Power Description: Cordova Energy Description: Pacific Gas and Electric Company. Company LLC et al. submits workpapers Company submits Agreements for Description: Appalachian Power Co of Mr Rodney Frame that support their wholesale distribution service and submits a Cost-Base Formula Rate 3/31/08 filing of change in status. Interconnection between PG&E and Agreement, FERC Rate Schedule 156.

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Filed Date: 04/01/2008. Wholesale Distribution Service Applicants: PJM Interconnection, Accession Number: 20080402–0102. Agreement with Zeeland Board of L.L.C. Comment Date: 5 p.m. Eastern Time Public Works, a Department of The City Description: PJM Interconnection LLC on Tuesday, April 22, 2008. of Zeeland. submits revisions to the PJM Open Docket Numbers: ER08–764–000. Filed Date: 04/01/2008. Access Transmission Tariff and Applicants: Consolidated Edison Co. Accession Number: 20080403–0071. Amended and Restated Operating of New York, Inc. Comment Date: 5 p.m. Eastern Time Agreement. Description: Consolidated Edison on Tuesday, April 22, 2008. Filed Date: 03/31/2008. Accession Number: 20080403–0098. Company of New York, Inc. submits Docket Numbers: ER08–773–000. Applicants: Wisconsin Public Service Comment Date: 5 p.m. Eastern Time amendments to their Delivery Service on Monday, April 21, 2008. Rate Schedule 96 et al. Corporation. Take notice that the Commission Filed Date: 03/31/2008. Description: Wisconsin Public Service received the following open access Accession Number: 20080402–0111. Corporation submits its FERC Electric transmission tariff filings: Comment Date: 5 p.m. Eastern Time Tariff, Fifth Revised Volume 1 and two on Monday, April 21, 2008. revised service agreements between Docket Numbers: OA07–2–002. WPSC and Manitowoc Public Utilities Applicants: Sierra Pacific Resources Docket Numbers: ER08–766–000. Operating Company. Applicants: Southwest Power Pool, under ER08–773. Filed Date: 04/01/2008. Description: Order No. 890 OATT Inc. Imbalance Penalty Revenue Compliance Description: Southwest Power Pool, Accession Number: 20080403–0070. Comment Date: 5 p.m. Eastern Time Filing of Sierra Pacific Resources Inc. submits an unexecuted service on Tuesday, April 22, 2008. Operating Companies. agreement for Network Integration Filed Date: 04/02/2008. Transmission Service with Kansas Docket Numbers: ER08–774–000. Accession Number: 20080403–5034. Power Pool. Applicants: Entergy Services, Inc. Comment Date: 5 p.m. Eastern Time Filed Date: 03/31/2008. Description: Entergy Operating on Wednesday, April 23, 2008. Companies submits an amendment to Accession Number: 20080402–0108. Docket Numbers: OA08–98–000. Comment Date: 5 p.m. Eastern Time the Entergy System Agreement. Applicants: Aquila, Inc. on Monday, April 21, 2008. Filed Date: 04/01/2008. Description: Aquila, Inc.’s Order No. Accession Number: 20080403–0069. Docket Numbers: ER08–767–000. 890–A Compliance Filing in OA08–98. Comment Date: 5 p.m. Eastern Time Filed Date: 04/03/2008. Applicants: Entergy Services Inc. on Tuesday, April 22, 2008. Description: Entergy Arkansas, Inc. Accession Number: 20080403–5035. Docket Numbers: ER08–775–000. requests that FERC accept their request Comment Date: 5 p.m. Eastern Time Applicants: PJM Interconnection, for authorization to recover Schedule 9 on Thursday, April 24, 2008. L.L.C. costs etc. Any person desiring to intervene or to Description: PJM Interconnection LLC Filed Date: 03/31/2008. protest in any of the above proceedings submits an executed Interconnection Accession Number: 20080402–0107. must file in accordance with Rules 211 Service Agreement among PJM, Tenaska Comment Date: 5 p.m. Eastern Time and 214 of the Commission’s Rules of Virginia II Partners, LP and Virginia on Monday, April 21, 2008. Practice and Procedure (18 CFR 385.211 Electric and Power Company etc. and 385.214) on or before 5 p.m. Eastern Docket Numbers: ER08–768–000. Filed Date: 04/01/2008. time on the specified comment date. It Applicants: Xcel Energy Services Inc. Accession Number: 20080403–0067. is not necessary to separately intervene Description: Public Service Company Comment Date: 5 p.m. Eastern Time again in a subdocket related to a of Colorado submits an Emergency on Tuesday, April 22, 2008. compliance filing if you have previously Assistance Operating Agreement with Docket Numbers: ER08–777–000. intervened in the same docket. Protests Public Service Company of New Applicants: Westar Energy, Inc. will be considered by the Commission Mexico. Description: Westar Energy Inc et al. in determining the appropriate action to Filed Date: 03/31/2008. submits the revised tariff sheets to the be taken, but will not serve to make Accession Number: 20080403–0075. Rate Formula Template set forth as protestants parties to the proceeding. Comment Date: 5 p.m. Eastern Time Attachment H–1 to their FERC Open Anyone filing a motion to intervene or on Monday, April 21, 2008. Access Transmission Tariff. protest must serve a copy of that Docket Numbers: ER08–769–000. Filed Date: 04/01/2008. document on the Applicant. In reference Applicants: MidAmerican Energy Accession Number: 20080403–0065. to filings initiating a new proceeding, Company. Comment Date: 5 p.m. Eastern Time interventions or protests submitted on Description: MidAmerican Energy on Tuesday, April 22, 2008. or before the comment deadline need Company submits a Network Integration Docket Numbers: ER08–778–000. not be served on persons other than the Transmission Service Agreement and Applicants: New York Independent Applicant. Network Operating Agreement with System Operator, Inc. The Commission encourages Atlantic Municipal Utilities dated 3/31/ Description: New York Independent electronic submission of protests and 08 to MidAmerican’s Open Access System Operator Inc submits its Open interventions in lieu of paper, using the Transmission Tariff. Access Transmission Tariff & Market FERC Online links at http:// Filed Date: 04/01/2008. Administration and Control Area www.ferc.gov. To facilitate electronic Accession Number: 20080403–0074. Services tariff to modify the credit service, persons with Internet access Comment Date: 5 p.m. Eastern Time requirements for holding Transmission who will eFile a document and/or be on Tuesday, April 22, 2008. Congestion Contracts. listed as a contact for an intervenor Docket Numbers: ER08–772–000. Filed Date: 04/02/2008. must create and validate an Applicants: Wolverine Power Supply Accession Number: 20080403–0084. eRegistration account using the Cooperative, Inc. Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling Description: Wolverine Power Supply on Thursday, April 17, 2008. link to log on and submit the Cooperative, Inc submits an executed Docket Numbers: ER08–780–000. intervention or protests.

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Persons unable to file electronically Protests will be considered by the not occupy any federal lands. Staff has should submit an original and 14 copies Commission in determining the prepared an Environmental Assessment of the intervention or protest to the appropriate action to be taken, but will (EA) for the project. Federal Energy Regulatory Commission, not serve to make protestants parties to The EA contains staff’s analysis of the 888 First St., NE., Washington, DC the proceeding. Any person wishing to potential environmental effects of the 20426. become a party must file a notice of project and concludes that licensing the The filings in the above proceedings intervention or motion to intervene, as project, with appropriate environmental are accessible in the Commission’s appropriate. The Respondent’s answer protective measures, would not eLibrary system by clicking on the and all interventions, or protests must constitute a major federal action that appropriate link in the above list. They be filed on or before the comment date. would significantly affect the quality of are also available for review in the The Respondent’s answer, motions to the human environment. Commission’s Public Reference Room in intervene, and protests must be served A copy of the EA is available for Washington, DC. There is an on the Complainants. review at the Commission in the Public eSubscription link on the web site that The Commission encourages Reference Room or may be viewed on enables subscribers to receive email electronic submission of protests and the Commission’s Web site at http:// notification when a document is added interventions in lieu of paper using the www.ferc.gov using the ‘‘eLibrary’’ link. to a subscribed docket(s). For assistance ‘‘eFiling’’ link at http://www.ferc.gov. Enter the docket number excluding the with any FERC Online service, please Persons unable to file electronically last three digits in the docket number email [email protected] or should submit an original and 14 copies field to access the document. For call (866) 208–3676 (toll free). For TTY, of the protest or intervention to the assistance, contact FERC Online call (202) 502–8659. Federal Energy Regulatory Commission, Support at 888 First Street, NE., Washington, DC [email protected] or toll- Nathaniel J. Davis, Sr., 20426. free at 1–866–208–3676, or for TTY, Deputy Secretary. This filing is accessible on-line at (202) 502–8659. [FR Doc. E8–7437 Filed 4–8–08; 8:45 am] http://www.ferc.gov, using the Any comments should be filed within BILLING CODE 6717–01–P ‘‘eLibrary’’ link and is available for 30 days from the date of this notice and review in the Commission’s Public should be addressed to: Kimberly D. Reference Room in Washington, DC. Bose, Secretary, Federal Energy DEPARTMENT OF ENERGY There is an ‘‘eSubscription’’ link on the Regulatory Commission, 888 First Federal Energy Regulatory Web site that enables subscribers to Street, NE, Washington, DC 20426. Commission receive e-mail notification when a Please affix Project No. 659–014 to all document is added to a subscribed comments. Comments may be filed [Docket No. EL08–51–000] docket(s). For assistance with any FERC electronically via the Internet in lieu of Online service, please e-mail paper. The Commission strongly Louisiana Public Service Commission: [email protected], or call encourages electronic filings. See 18 Complainant v. Entergy Corporation, et (866) 208–3676 (toll free). For TTY, call CFR 385.2001(a)(1)(iii) and the al.: Respondents; Notice of Complaint (202) 502–8659. instructions on the Commission’s Web April 2, 2008. Comment Date: 5 pm Eastern Time on site (http://www.ferc.gov) under the ‘‘e- Take notice that on March 31, 2008, April 21, 2008. Filing’’ link. For further information, please the Louisiana Public Service Kimberly D. Bose, Commission filed a formal complaint contact Allyson Conner at (202) 502– Secretary. 6082 or at [email protected]. against Entergy Corporation, Entergy [FR Doc. E8–7417 Filed 4–8–08; 8:45 am] Services, Inc., Entergy Louisiana, LLC, BILLING CODE 6717–01–P Kimberly D. Bose, Entergy Arkansas, Inc., Entergy Secretary. Mississippi, Inc., Entergy New Orleans, [FR Doc. E8–7416 Filed 4–8–08; 8:45 am] Inc., Entergy Gulf States Louisiana, Inc., DEPARTMENT OF ENERGY BILLING CODE 6717–01–P and Entergy Texas, Inc. (collectively, Energgy), pursuant to section 206 of the Federal Energy Regulatory Federal Power Act, 16 U.S.C. 824e and Commission DEPARTMENT OF ENERGY 18 CFR 386.206, alleging that there are [Project No. 659–014] errors in the calculation of Exhibits Federal Energy Regulatory ETR–26 and ETR–28, which form the Crisp County Power Commission; Commission basis for the rough equalization remedy Notice of Availability of Environmental [Project No. 12882–000] and that Entergy used incorrect data and Assessment included imprudent costs in its Hydro Green Energy, LLC; Notice of implementation filing in Docket No. April 2, 2008. Application Accepted for Filing and ER07–956–000. In accordance with the National Soliciting Motions To Intervene, The Louisiana Public Service Environmental Policy Act of 1969 and Protests, and Comments Commission certifies that copies of the the Federal Energy Regulatory complaint were served on the contacts Commission’s (Commission) April 2, 2008. for Entergy Corporation and Entergy regulations, 18 CFR Part 380 (Order No. Take notice that the following Services, Inc as listed on the 486, 52 F.R. 47897), the Office of Energy hydroelectric application has been filed Commission’s list of Corporate Officials. Projects has reviewed the application with the Commission and is available Any person desiring to intervene or to for a New Major License for the Lake for public inspection: protest this filing must file in Blackshear Hydroelectric Project. a. Type of Application: Preliminary accordance with Rules 211 and 214 of The project is located in Southwest Permit. the Commission’s Rules of Practice and Georgia in Worth, Lee, Sumter, Dooly, b. Project No.: 12882–000. Procedure (18 CFR 385.211, 385.214). and Crisp Counties. The project does c. Date filed: July 25, 2007.

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d. Applicant: Hydro Green Energy, Commission in the Public Reference does not authorize construction. The LLC. Room, located at 888 First Street, NE., term of the proposed preliminary permit e. Name of Project: ‘‘Alaska 35’’ Room 2A, Washington DC 20426, or by would be 36 months. The work Project. calling (202) 502–8371. This filing may proposed under the preliminary permit f. Location: The project would be also be viewed on the Commission’s would include economic analysis, located in the North Inian Pass and Web site at http://www.ferc.gov using preparation of preliminary engineering South Inian Pass, just outside Glacier the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental Bay National Park, in the Skagway- number excluding the last three digits in impacts. Based on the results of these Hoonah-Angoon Census Area. The the docket number field to access the studies, the Applicant would decide project uses no dam or impoundment. document. For assistance, call toll-free whether to proceed with the preparation g. Filed Pursuant to: Federal Power 1–866–208–3676 or e-mail of a development application to Act, 16 U.S.C. 791(a)–825(r). [email protected]. For TTY, construct and operate the project. h. Applicant Contacts: Mr. Wayne F. call (202) 502–8659. A copy is also Krouse, Hydro Green Energy, LLC, 5090 available for inspection and r. Comments, Protests, or Motions To Richmond Avenue #390, Houston, TX reproduction at the address in item h Intervene—Anyone may submit 77056, and Mr. James H. Hancock Jr., above. comments, a protest, or a motion to Balch & Bingham LLP, 1710 Sixth m. Individuals desiring to be included intervene in accordance with the Avenue North, Birmingham, Alabama on the Commission’s mailing list should requirements of Rules of Practice and 35203. so indicate by writing to the Secretary Procedure, 18 CFR 385.210, .211, .214. i. FERC Contact: Kelly Houff, (202) of the Commission. In determining the appropriate action to 502–6393. n. Competing Preliminary Permit— take, the Commission will consider all j. Deadline for filing comments, Anyone desiring to file a competing protests or other comments filed, but protests, and motions to intervene: 60 application for preliminary permit for a only those who file a motion to days from the issuance date of this proposed project must submit the intervene in accordance with the notice. competing application itself, or a notice Commission’s Rules may become a All documents (original and eight of intent to file such an application, to party to the proceeding. Any comments, copies) should be filed with: Kimberly the Commission on or before the protests, or motions to intervene must D. Bose, Secretary, Federal Energy specified comment date for the be received on or before the specified Regulatory Commission, 888 First particular application (see 18 CFR 4.36). comment date for the particular Street, NE., Washington, DC 20426. Submission of a timely notice of intent application. Comments, protests, and interventions allows an interested person to file the may be filed electronically via the competing preliminary permit Comments, protests and interventions Internet in lieu of paper; see 18 CFR application no later than 30 days after may be filed electronically via the 385.2001(a)(1)(iii) and the instructions the specified comment date for the Internet in lieu of paper; see 18 CFR on the Commission’s Web site under the particular application. A competing 385.2001 (a)(1)(iii) and the instructions ‘‘e-Filing’’ link. The Commission preliminary permit application must on the Commission’s Web site under ‘‘e- strongly encourages electronic filings. conform with 18 CFR 4.30 and 4.36. filing’’ link. The Commission strongly Please include the project number (P– o. Competing Development encourages electronic filing. 12882–000) on any comments or Application—Any qualified s. Filing and Service of Responsive motions filed. development applicant desiring to file a Documents—Any filings must bear in The Commission’s Rules of Practice competing development application all capital letters the title and Procedure require all intervenors must submit to the Commission, on or ‘‘COMMENTS’’, filing documents with the Commission before a specified comment date for the ‘‘RECOMMENDATIONS FOR TERMS to serve a copy of that document on particular application, either a AND CONDITIONS’’, ‘‘PROTEST’’, each person in the official service list competing development application or a ‘‘COMPETING APPLICATION’’ OR for the project. Further, if an intervenor notice of intent to file such an ‘‘MOTION TO INTERVENE’’, as files comments or documents with the application. Submission of a timely applicable, and the Project Number of Commission relating to the merits of an notice of intent to file a development the particular application to which the issue that may affect the responsibilities application allows an interested person filing refers. Any of the above-named of a particular resource agency, they to file the competing application no documents must be filed by providing must also serve a copy of the document later than 120 days after the specified the original and the number of copies on that resource agency. comment date for the particular provided by the Commission’s k. Description of Project: The application. A competing license regulations to: The Secretary, Federal proposed project consists of: (1) Two application must conform with 18 CFR Energy Regulatory Commission, 888 arrays, each consisting of five, one 4.30 and 4.36. First Street, NE., Washington, DC 20426. megawatt hydrokinetic turbine units, for p. Notice of Intent—A notice of intent A copy of any motion to intervene must a total installed capacity of 10 must specify the exact name, business also be served upon each representative megawatts, (2) a proposed 100 kV address, and telephone number of the of the Applicant specified in the transmission line of a length of prospective applicant, and must include particular application. approximately 60 miles, (3) pilings to an unequivocal statement of intent to permanently attach the units to the submit, if such an application may be t. Agency Comments—Federal, State, bedrock, and (4) appurtenant facilities. filed, either a preliminary permit and local agencies are invited to file The project would have an average application or a development comments on the described application. annual generation of 30.425 gigawatt- application (specify which type of A copy of the application may be hours, which would be sold to a local application). A notice of intent must be obtained by agencies directly from the utility. served on the applicant(s) named in this Applicant. If an agency does not file l. Locations of Applications: A copy of public notice. comments within the time specified for the application is available for q. Proposed Scope of Studies under filing comments, it will be presumed to inspection and reproduction at the Permit—A preliminary permit, if issued, have no comments. One copy of an

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agency’s comments must also be sent to 888 First Street, NE., Washington, DC B. How Can I Get Copies of this the Applicant’s representatives. 20426. Document and Other Related This filing is accessible on-line at Information? Kimberly D. Bose, http://www.ferc.gov, using the 1. Docket. EPA has established a Secretary. ‘‘eLibrary’’ link and is available for [FR Doc. E8–7419 Filed 4–8–08; 8:45 am] docket for this action under docket review in the Commission’s Public identification (ID) number EPA–HQ– BILLING CODE 6717–01–P Reference Room in Washington, DC. OPP–2008–0091. Publicly available There is an ‘‘eSubscription’’ link on the docket materials are available either in Web site that enables subscribers to DEPARTMENT OF ENERGY the electronic docket at http:// receive e-mail notification when a www.regulations.gov, or, if only Federal Energy Regulatory document is added to a subscribed available in hard copy, at the Office of Commission docket(s). for assistance with any FERC Pesticide Programs (OPP) Regulatory Online service, please e-mail Public Docket in Rm. S–4400, One [email protected], or call Potomac Yard (South Bldg.), 2777 S. [Docket No. OR08–9–000] (866) 208–3676 (toll free). For TTY, call Crystal Dr., Arlington, VA. The hours of TransCanada Keystone Pipeline, LP; (202) 502–8659. operation of this Docket Facility are Notice of Petition For Declaratory Comment Date: 5 p.m. Eastern Time from 8:30 a.m. to 4 p.m., Monday Order on April 17, 2008. through Friday, excluding legal Kimberly D. Bose, holidays. The Docket Facility telephone April 2, 2008. number is (703) 305–5805. Secretary. Take notice that, on March 28, 2008, 2. Electronic access. You may access [FR Doc. E8–7418 Filed 4–8–08; 8:45 am] TransCanada Keystone Pipeline, L.P. this Federal Register document (Keystone), pursuant to Rule 207(a)(2) of BILLING CODE 6717–01–P electronically through the EPA Internet the Commission’s Rules of Practice and under the ‘‘Federal Register’’ listings at Procedure, 18 CFR 385.207(a)(2) (2007), http://www.epa.gov/fedrgstr. tendered for filing to the Commission a ENVIRONMENTAL PROTECTION II. EUP petition to issue a declaratory order AGENCY approving the rate structure agreed to by EPA has issued the following EUP: Keystone and shippers which have [EPA–HQ–OPP–2008–0091; FRL–8359–3] 73049–EUP–4. Issuance. Valent made long-term commitments and the BioSciences Corporation, 870 Issuance of an Experimental Use Technology Way, Libertyville, IL 60048. methodology by which Keystone plans Permit to design its uncommitted rate. This EUP allows the use of 10,006 pounds of the plant regulator S-abscisic Keystone also requests approval to offer AGENCY: Environmental Protection acid (3335.33 pounds per year) on 5,000 and provide firm transportation, or Agency (EPA). acres of grapes (per year) to evaluate the unapportioned access, for committed ACTION: Notice. shippers. Keystone respectfully requests effects of S-abscisic acid on grape maturation and coloration. The program that the Commission act on this petition SUMMARY: EPA has granted an is authorized only in the States of in an expedited fashion. experimental use permit (EUP) to the California, Michigan, New York, Any person desiring to intervene or to following pesticide applicant. An EUP Oregon, Texas, and Washington. The protest this filing must file in permits use of a pesticide for EUP is effective from March 20, 2008 to accordance with Rules 211 and 214 of experimental or research purposes only October 1, 2010. the Commission’s Rules of Practice and in accordance with the limitations in Procedure (18 CFR 385.211 and the permit. Authority: 7 U.S.C. 136c. 385.214). Protests will be considered by FOR FURTHER INFORMATION CONTACT: the Commission in determining the Chris Pfeifer, Biopesticides and List of Subjects appropriate action to be taken, but will Pollution Prevention Division (7511P), Environmental protection, not serve to make protestants parties to Office of Pesticide Programs, Experimental use permits. the proceeding. Any person wishing to Environmental Protection Agency, 1200 become a party must file a notice of Pennsylvania Ave., NW., Washington, Dated: April 2, 2008. intervention or motion to intervene, as DC 20460–0001; telephone number: Janet L. Andersen, appropriate. Such notices, motions, or (703) 308–0031; e-mail address: Director, Biopesticides and Pollution protests must be filed on or before the [email protected]. Prevention Division, Office of Pesticide date as indicated below. Anyone filing Programs. an intervention or protest must serve a SUPPLEMENTARY INFORMATION: [FR Doc. E8–7459 Filed 4–8–08; 8:45 am] copy of that document on the Applicant. I. General Information Anyone filing an intervention or protest BILLING CODE 6560–50–S on or before the intervention or protest A. Does this Action Apply to Me? date need not serve motions to intervene This action is directed to the public or protests on persons other than the in general. Although this action may be FEDERAL COMMUNICATIONS Applicant. of particular interest to those persons COMMISSION The Commission encourages who conduct or sponsor research on Notice of Public Information Collection electronic submission of protests and pesticides, the Agency has not Requirements Being Submitted to interventions in lieu of paper using the attempted to describe all the specific OMB for Emergency Review and ‘‘eFiling’’ link at http://www.ferc.gov. entities that may be affected by this Approval, Comments Requested Persons unable to file electronically action. If you have any questions should submit an original and 14 copies regarding the information in this action, April 4, 2008. of the protest or intervention to the consult the person listed under FOR SUMMARY: As part of its continuing effort Federal Energy Regulatory Commission, FURTHER INFORMATION CONTACT. to reduce paperwork burden and as

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required by the Paperwork Reduction your comments by e-mail, send them to on, their final, full-authorized post- Act (PRA) of 1995 (44 U.S.C. 3501– [email protected]. To submit your comments transition (DTV) facility. The 3520), the Federal Communications by U.S. mail, mark them to the attention Commission recognized that Commission invites the general public of Cathy Williams, Federal broadcasters may need regulatory and other Federal agencies to comment Communications Commission, Room 1– flexibility in order to achieve these on the following information C823, 445 12th Street, SW., Washington, goals. Accordingly, the Commission collection(s). Comments are requested DC 20554. affords broadcasters the opportunity for concerning (a) Whether the proposed FOR FURTHER INFORMATION CONTACT: For regulatory flexibility, if necessary, to collection of information is necessary additional information about the meet their DTV construction deadlines. for the proper performance of the information collection(s), contact Cathy The Commission, however, must also functions of the Commission, including Williams at (202) 418–2918 or send an ensure that no consumers are left whether the information shall have e-mail to [email protected]. behind in the DTV transition. Therefore, practical utility; (b) the accuracy of the SUPPLEMENTARY INFORMATION: The the Commission requires broadcasters Commission’s burden estimate; (c) ways Commission is requesting emergency that choose to reduce or terminate TV to enhance the quality, utility, and OMB processing of the information service to comply with viewer clarity of the information collected; and collection requirements contained in notification requirements (d) ways to minimize the burden of the this notice and has requested OMB Specifically, as a result of the Third collection of information on the approval by May 7, 2008. DTV Periodic Report and Order, stations respondents, including the use of OMB Control Number: 3060–XXXX. must comply with a viewer notification automated collection techniques or Title: Viewer Notification requirement (i.e., stations must notify other forms of information technology. Requirements in Third DTV Periodic viewers about their planned service An agency may not conduct or sponsor Report and Order, FCC 07–228. reduction or termination) if: a collection of information unless it Form Number: Not applicable. (1) The station will permanently displays a currently valid OMB control Type of Review: New collection. reduce or terminate analog or pre- number. No person shall be subject to Respondents: Business or other for- transition digital service before the any penalty for failing to comply with profit entities; not-for-profit institutions. transition date; or a collection of information subject to the Number of Respondents/Responses: (2) The station will not serve at least Paperwork Reduction Act that does not 1,000; 120,000. the same population that receives their display a valid OMB control number. Estimated Hours per Response: 0.01 current analog TV and DTV service after DATES: Written PRA comments should ¥0.33 hours. the transition date. be submitted on or before April 28, Frequency of Response: Viewer notifications must occur every 2008. If you anticipate that you will be Recordkeeping requirement; Third Party day on-air at least four times a day submitting comments, but find it disclosure requirement; On occasion including at least once in primetime for difficult to do so within the period of reporting requirement. the 30-days prior to the station’s time allowed by this notice, you should Obligation to Respond: Required to termination of full, authorized analog advise the contact listed below as soon obtain or retain benefits. Statutory service. These notifications must as possible. authority for this collection of include: (1) The station’s call sign and ADDRESSES: Direct all PRA comments to information is contained in Section community of license; (2) the fact that Nicholas A. Fraser, Office of 154(i) of the Communications Act of the station must delay the construction Management and Budget, via Internet at 1934, as amended. and operation of its post-transition [email protected] or via Total Annual Burden: 8,380 hours. (DTV) service or the fact that the station fax at (202) 395–5167 and to Cathy Total Annual Costs: $200,000. is planning to or has reduced or Williams, Federal Communications Confidentiality: No need for terminated its analog or digital Commission, Room 1–C823, 445 12th confidentiality required. operations before the transition date; (3) Street, SW., Washington, DC or via Privacy Impact Assessment(s): No information about the nature, scope, and Internet at [email protected]. impact(s). anticipated duration of the station’s To view a copy of this information Needs and Uses: Congress has post-transition service limitations; (4) collection request (ICR) submitted to mandated that after February 17, 2009, what viewers can do to continue to OMB: (1) Go to the Web page http:// full-power television broadcast stations receive the station, i.e., how and when www.reginfo.gov/public/do/PRAMain, must transmit only in digital signals, the station’s digital signal can be (2) look for the section of the Web page and may no longer transmit analog received; (5) information about the called ‘‘Currently Under Review,’’ (3) signals. On December 22, 2007, the availability of digital-to-analog click on the downward-pointing arrow Commission adopted a Report and converter boxes in their service area; in the ‘‘Select Agency’’ box below the Order, In the Matter of the Third and (6) the street address, e-mail ‘‘Currently Under Review’’ heading, (4) Periodic Review of the Commission’s address (if available), and phone select ‘‘Federal Communications Rules and Policies Affecting the number of the station where viewers Commission’’ from the list of agencies Conversion to Digital Television, MB may register comments or request presented in the ‘‘Select Agency’’ box, Docket No. 07–91, FCC 07–228 (‘‘Third information. (5) click the ‘‘Submit’’ button to the DTV Periodic Report and Order’’) to OMB Control Number: 3060–0386. right of the ‘‘Select Agency’’ box, (6) establish the rules, policies and Title: Special Temporary when the list of FCC ICRs currently procedures necessary to complete the Authorization (STA) Requests, 47 CFR under review appears, look for the title nation’s transition to DTV. In the Report 73.1635; Notifications, 47 CFR 73.1615; of this ICR (or its OMB control number, and Order, the Commission adopted and Informal Filings (47 CFR part 73). if there is one) and then click on the ICR rules to ensure that, by the February 17, Form Number: Not applicable. Reference Number to view detailed 2009 transition date, all full-power Type of Review: Revision of a information about this ICR. television broadcast stations (1) cease currently approved collection. You may submit all PRA comments analog broadcasting and (2) complete Respondents: Business or other for- by e-mail or U.S. post mail. To submit construction of, and begin operations profit entities; not-for-profit institutions.

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Number of Respondents/Responses: file a request for STA approval to Maritime Commission, Washington, DC 3,710. permanently reduce or terminate analog 20573, within ten days of the date this Estimated Hours per Response: 30 or pre-transition DTV service where notice appears in the Federal Register. minutes to 4 hours. necessary to facilitate construction of Copies of agreements are available Frequency of Response: On occasion final, post-transition facilities through through the Commission’s Office of reporting requirement. the CDBS using the Informal Agreements (202–523–5793 or Obligation to Respond: Required to Application Filing Form. [email protected]). obtain or retain benefits. Statutory • Notification/Informal Letter of Agreement No.: 011914–002. authority for this collection of Temporary Service Disruption. Stations Title: HLAG/CCNI Med-Gulf Space information is contained in Sections 1, may file a notification or informal letter Charter Agreement. 4(i) and (j), 7, 301, 302, 303, 307, 308, pursuant to Section 73.1615 to Parties: Hapag-Lloyd AG and 309, 312, 316, 318, 319, 324, 325, 336 temporarily reduce or cease existing and 337 of the Communications Act of Compania Chilena de Navegacion analog or pre-transition DTV service Interoceanica. 1934, as amended. where necessary to facilitate Filing Party: Wayne R. Rohde, Esq.; Confidentiality: No need for construction of final, post-transition Sher & Blackwell LLP; 1850 M Street, confidentiality required. facilities through the CDBS using the NW.; Suite 900; Washington, DC 20036. Total Annual Burden: 4,020 hours. Informal Application Filing Form. Total Annual Costs: $3,921,890. • Notification of Service Reduction or Synopsis: The agreement would Privacy Impact Assessment(s): No Termination. Stations may file a reduce the space being chartered to impact(s). CCNI, extend the period for notices of Needs and Uses: Congress has notification to permanently reduce or terminate analog or pre-transition DTV withdrawal, and update Hapag-Lloyd’s mandated that after February 17, 2009, corporate name. full-power television broadcast stations service within 90 days of the transition Agreement No.: 012036. must transmit only in digital signals, date through the CDBS using the Informal Application Filing Form. Title: Maersk Line/MSC TP5 Space and may no longer transmit analog • signals. On December 31, 2007, the Informal Filings. Stations claiming Charter Agreement. Commission released a Report and a ‘‘unique technical challenge’’ Parties: A.P. Moeller-Maersk A/S and Order, In the Matter of the Third warranting a February 17, 2009 Mediterranean Shipping Company. Periodic Review of the Commission’s construction deadline may file a Filing Party: Wayne R. Rohde, Esq.; Rules and Policies Affecting the notification to document their status Sher & Blackwell; 1850 M Street, NW.; Conversion to Digital Television, MB through the CDBS using the Informal Suite 900; Washington, DC 20036. Docket No. 07–91, FCC 07–228. In the Application Filing Form. Synopsis: The agreement authorizes Report and Order, the Commission 47 CFR 73.1635 states that broadcast Maersk to charter space to MSC between adopted rules to ensure that, by the stations (licensees or permittees) may South Korea, Japan, and California February 17, 2009 transition date, all file a request for Special Temporary ports. Authority (STA) approval to permit a full-power television broadcast stations Agreement No.: 012037. (1) cease analog broadcasting and (2) station to operate a broadcast facility for a limited period at a specified variance Title: Maersk Line/CMA CGM TA3 complete construction of, and begin Space Charter Agreement. operations on, their final, full- from the terms of the station’s Parties: A.P. Moeller-Maersk A/S and authorized post-transition (DTV) authorization or requirements of the CMA CGM S.A. facility. The Commission recognized FCC rules. Stations may file a request that broadcasters may need regulatory for STA approval for a variety of Filing Party: Wayne R. Rohde, Esq.; flexibility in order to achieve these reasons. The request must describe the Sher & Blackwell; 1850 M Street, NW.; goals. Accordingly, the Commission operating modes and facilities to be Suite 900; Washington, DC 20036. authorized the following ‘‘DTV used. Synopsis: The agreement authorizes Transition-related’’ filings, which must The Commission is also consolidating Maersk to charter space to CMA in the be made electronically via the FCC’s information collection OMB Control trade between U.S. Atlantic Coast ports Consolidated Database System Number 3060–0181 (47 CFR Section and ports in France, Germany, (‘‘CDBS’’), to permit broadcasters to 73.1615 Operation During Modification Netherlands, and the United Kingdom. of Facilities) into this collection, OMB request and obtain regulatory flexibility Agreement No.: 201180. from the Commission, if necessary, to Control Number 3060–0386 to avoid duplication of rule section 47 CFR Title: SSA Terminal (Seattle) meet their DTV construction deadlines: Cooperative Working Agreement. • 73.1635. STA for Phased Transition and Parties: SSA Terminals (Seattle), LLC; Continued Interim Operations. Stations Federal Communications Commission. SSA Terminals, LLC; Matson Seattle, may file a request for Special Temporary Marlene H. Dortch, LLC; SSA Containers, Inc.; SSA Seattle, Authorization (STA) approval to Secretary. LLC; China Shipping Terminals (USA), temporarily remain on their in-core, pre- [FR Doc. E8–7501 Filed 4–8–08; 8:45 am] LLC. transition DTV channel after the BILLING CODE 6712–01–P Filing Party: Tara L. Leiter, Esq.; transition date through the CDBS using Blank Rome LLP; 600 New Hampshire the Informal Application Filing Form. Avenue, NW.; Washington, DC 20037. • STA for Phased Transition/Build- FEDERAL MARITIME COMMISSION Out. Stations may file a request for STA Synopsis: The agreement would authorize the parties to establish SSA approval to build less than full, Notice of Agreements Filed authorized post-transition facilities by Terminals (Seattle) and to make and the transition date through the CDBS The Commission hereby gives notice implement agreements for marine using the Informal Application Filing of the filing of the following agreements terminal operations, container Form. under the Shipping Act of 1984. stevedoring, and any related services at • STA for Permanent Service Interested parties may submit comments the Port of Seattle, Washington. Reduction or Termination. Stations may on agreements to the Secretary, Federal Dated: April 4, 2008.

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By Order of the Federal Maritime Officer (Qualifying Individual); Dee Laura B. Bezrutschko, President Commission. Wood Kivett, C.O.O. (Qualifying Individual); Alejandro M. Karen V. Gregory, Arias, Secretary. Non-Vessel Operating Common Carrier Assistant Secretary. and Ocean Freight Forwarder Worldwide Company LLC, 10616 [FR Doc. E8–7488 Filed 4–8–08; 8:45 am] Transportation Intermediary Sawdust Circle, Rockville, MD 20850. BILLING CODE 6730–01–P Applicants Officer: Chih Min Hu, President (Qualifying Individual). A.J. Worldwide Sevices Inc., 28 West FEDERAL MARITIME COMMISSION 36th Street, New York, NY 10018. Newport Air Express Inc., 145–54A, Officers: Shahryar, Haq, Vice President 156th Street, Jamaica, NY 11434. Ocean Transportation Intermediary (Qualifying Individual); Vivek Vellore, Officers: Jerry Lo, Vice President License Applicants President. (Qualifying Individual); Henry Wong, Managing Director. Notice is hereby given that the Joseph Smith Customs House Broker following applicants have filed with the Inc., 210 E. Sunrise Hwy, Ste. 301, Dated: April 4, 2008. Federal Maritime Commission an Valley Stream, NY 11581. Officers: Karen V. Gregory, application for license as a Non-Vessel Daniel Smith, Vice President Assistant Secretary. Operating Common Carrier and Ocean (Qualifying Individual); Joseph Smith, [FR Doc. E8–7466 Filed 4–8–08; 8:45 am] Freight Forwarder—Ocean President. BILLING CODE 6730–01–P Transportation Intermediary pursuant to LT Shipping Inc., 8339 N.W. 66th section 19 of the Shipping Act of 1984 Street, Miami, FL 33166. Officers: as amended (46 U.S.C. Chapter 409 and Santiago Lostorto, President (Qualifying FEDERAL MARITIME COMMISSION 46 CFR part 515). Individual); Eduardo G. Gardell, Vice Persons knowing of any reason why President. Ocean Transportation Intermediary the following applicants should not Global Express Consolidators, Inc., License Reissuance receive a license are requested to 2775 W. Okeechobee Road, #146, contact the Office of Transportation Hialeah, FL 33010. Officers: Yusniel Notice is hereby given that the Intermediaries, Federal Maritime Rodriguez, President (Qualifying following Ocean Transportation Commission, Washington, DC 20573. Individual); Loris Gutierrez, Corporate Intermediary license has been reissued Secretary. by the Federal Maritime Commission Non-Vessel Operating Common Carrier pursuant to section 19 of the Shipping Ocean Transportation Intermediary Ocean Freight Forwarder—Ocean Act of 1984 (46 U.S.C. Chapter 409) and Applicant Transportation Intermediary the regulations of the Commission Anchor Advantage, LLC, 15 West Applicants pertaining to the licensing of Ocean Cranberry Lane, Greenville, SC 29615. ANMI Logistic Group, Inc., 8534 NW., Transportation Intermediaries, 46 CFR Officers: Julie A. Farmer, Chief Logistics 66 Street, Miami, FL 33166. Officers: Part 515.

License No. Name/address Date reissued

020768N ...... Continental Services & Carrier Inc., 5579 N.W. 72nd Avenue, Miami, FL 33166–4251 ...... February 4, 2008.

Sandra L. Kusumoto, views in writing to the Reserve Bank FEDERAL RESERVE SYSTEM Director, Bureau of Certification and indicated for that notice or to the offices Licensing. of the Board of Governors. Comments Formations of, Acquisitions by, and [FR Doc. E8–7483 Filed 4–8–08; 8:45 am] must be received not later than April 24, Mergers of Bank Holding Companies BILLING CODE 6730–01–P 2008. The companies listed in this notice A. Federal Reserve Bank of San have applied to the Board for approval, Francisco (Tracy Basinger, Director, pursuant to the Bank Holding Company FEDERAL RESERVE SYSTEM Regional and Community Bank Group) Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part Change in Bank Control Notices; 101 Market Street, San Francisco, 225), and all other applicable statutes Acquisition of Shares of Bank or Bank California 94105-1579: and regulations to become a bank Holding Companies 1. Kenneth R. Lehman and Joan A. holding company and/or to acquire the Lehman, Arlington, Virginia; to The notificants listed below have assets or the ownership of, control of, or retroactively increase their ownership of applied under the Change in Bank the power to vote shares of a bank or Control Act (12 U.S.C. 1817(j)) and ICB Financial, and thereby indirectly bank holding company and all of the § 225.41 of the Board’s Regulation Y (12 control its subsidiary, Inland banks and nonbanking companies CFR 225.41) to acquire a bank or bank Community Bank, N.A., both of Ontario, owned by the bank holding company, holding company. The factors that are California. including the companies listed below. considered in acting on the notices are Board of Governors of the Federal Reserve The applications listed below, as well set forth in paragraph 7 of the Act (12 System, April 4, 2008. as other related filings required by the U.S.C. 1817(j)(7)). Robert deV. Frierson, Board, are available for immediate The notices are available for inspection at the Federal Reserve Bank Deputy Secretary of the Board. immediate inspection at the Federal indicated. The application also will be Reserve Bank indicated. The notices [FR Doc. E8–7439 Filed 4–8–08; 8:45 am] available for inspection at the offices of also will be available for inspection at BILLING CODE 6210–01–S the Board of Governors. Interested the office of the Board of Governors. persons may express their views in Interested persons may express their writing on the standards enumerated in

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the BHC Act (12 U.S.C. 1842(c)). If the subsidiary, Mission Community Bank, Board of Governors of the Federal Reserve proposal also involves the acquisition of both of San Luis Obispo, California. System, April 4, 2008. a nonbanking company, the review also Board of Governors of the Federal Reserve Robert deV. Frierson, includes whether the acquisition of the System, April 4, 2008. Deputy Secretary of the Board. nonbanking company complies with the Robert deV. Frierson, [FR Doc. 08–1117 Filed 4–7–08; 11:41 am] standards in section 4 of the BHC Act Deputy Secretary of the Board. BILLING CODE 6210–01–S (12 U.S.C. 1843). Unless otherwise [FR Doc. E8–7440 Filed 4–8–08; 8:45 am] noted, nonbanking activities will be BILLING CODE 6210–01–S conducted throughout the United States. DEPARTMENT OF HEALTH AND Additional information on all bank HUMAN SERVICES holding companies may be obtained FEDERAL RESERVE SYSTEM from the National Information Center Administration for Children and website at www.ffiec.gov/nic/. Sunshine Act Meeting Families Unless otherwise noted, comments regarding each of these applications AGENCY HOLDING THE MEETING: Board of Submission for OMB Review; must be received at the Reserve Bank Governors of the Federal Reserve Comment Request indicated or the offices of the Board of System. Governors not later than May 2, 2008. Title: OCSE–100, State Plan Preprint A. Federal Reserve Bank of Chicago TIME AND DATE: 11:30 a.m., Monday, Page; OCSE–21–U4, State Plan (Burl Thornton, Assistant Vice April 14, 2008. transmittal. OMB No.: 0970–0017. President) 230 South LaSalle Street, PLACE: Marriner S. Eccles Federal Description: Section 7310 of the Chicago, Illinois 60690-1414: Reserve Board Building, 20th and C Deficit Reduction Act of 2005, titled, 1. Northstar Financial Group, Inc., Streets, N.W., Washington, D.C. 20551. Bad Axe, Michigan; to acquire 100 Mandatory Fee for Successful Child percent of the voting shares of Grand STATUS: Closed. Support Collection for a Family That Has Never Received TANF, amends Haven Bank, Grand Haven, Michigan, MATTERS TO BE CONSIDERED: Kent Commerce Bank, Kentwood, Section 454(6) of the Social Security Act 1. Personnel actions (appointments, Michigan, Muskegon Commerce Bank, (the Act) such that a State child support promotions, assignments, Muskegon, Michigan and Paragon Bank plan must provide for the imposition of reassignments, and salary actions) and Trust, Holland, Michigan. an annual fee of $25 in each case in B. Federal Reserve Bank of St. Louis involving individual Federal Reserve which an individual has never received (Glenda Wilson, Community Affairs System employees. assistance under a State program funded Officer) 411 Locust Street, St. Louis, 2. Any items carried forward from a under title IV–A of the Act and for Missouri 63166-2034: previously announced meeting. whom the State has collected at least $500 of support. States will need to 1. First Financial Service Corporation, FOR FURTHER INFORMATION CONTACT: submit the new State plan preprint Elizabethtown, Kentucky; to merge with Michelle Smith, Director, or Dave page, i.e., page 2.5–4, as well as a FSB Bancshares, Inc., Lanesville, Skidmore, Assistant to the Board, Office transmittal for the preprint page, in Indiana, and thereby indirectly acquire of Board Members at 202–452–2955. The Farmers State Bank, Lanesville, order to have an approved State plan. Indiana. SUPPLEMENTARY INFORMATION: You may The 60-day notice for this C. Federal Reserve Bank of San call 202–452–3206 beginning at requirement was originally published in Francisco (Tracy Basinger, Director, approximately 5 p.m. two business days the Notice of Proposed Rulemaking Regional and Community Bank Group) before the meeting for a recorded (NPRN) in the Federal Register on 101 Market Street, San Francisco, announcement of bank and bank January 24, 2007 (72 FR 3093); however, California 94105-1579: holding company applications because of the October 1, 2006, effective 1. Carpenter Fund Manager GP, LLC, scheduled for the meeting; or you may date for the mandate that States Carpenter Fund Management, LLC and contact the Board’s Web site at http:// implement and collect a $25-annual fee Carpenter Community Bancfund-A, L.P., www.federalreserve.gov for an electronic in specified cases, the second notice for all of Irvine, California; to become bank announcement that not only lists the State plan preprint page must be holding companies by acquiring 24.3 applications, but also indicates published prior to the publication of the percent of the voting shares of Mission procedural and other information about final rule. Community Bancorp, and thereby its the meeting. Respondents: State IV–D Agencies.

ANNUAL BURDEN ESTIMATES

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

State Plan ...... 54 1 0.5 216 OCSE–21–U4 ...... 54 1 0.25 108

Estimated Total Annual Burden Administration, Office of Information information collection. E-mail address: Hours: 324 Services, 370 L’Enfant Promenade, SW., [email protected]. Additional Information: Copies of the Washington, DC 20447, Attn: ACF OMB Comment: OMB is required to proposed collection may be obtained by Reports Clearance Officer. All requests make a decision concerning the writing to the Administration for should be identified by the title of the collection of information between 30 Children and Families, Office of and 60 days after publication of this

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document in the Federal Register. and activities for the FY 2008 program language or cultural conditions in a Therefore, a comment is best assured of announcements. The NOPC closed community as a result of the ANA- having its full effect if OMB receives it February 11, 2008. ANA received no funded project. within 30 days of publication. Written comments. Impact Evaluation: Site visits comments and recommendations for the conducted by ANA to provide grantees Additional Supplemental Information proposed information collection should the opportunity to share, through be sent directly to the following: Office This Final Issuance addresses two qualitative and quantitative information, of Management and Budget, Paperwork groups of changes: how the project goal and objectives were • Reduction Project, Fax: 202–395–6974, Changes made across all program accomplished and how the identified Attn: Desk Officer for the areas (Part I). These are changes to text community was impacted by the ANA- Administration for Children and that is found in each PA program area. funded project. Families. Therefore, the changes cited in Part I Project Goal: The specific result or apply to all PAs. purpose expected from the project. The Dated: April 3, 2008. • Changes made to specific program project goal specifies what will be Robert Sargis, areas (Part II). ANA has made significant accomplished over the entire project Reports Clearance Officer. changes to the Native Language, period. The project goal relates to the [FR Doc. E8–7408 Filed 4–8–08; 8:45 am] NAHMI, SEDS and Mitigation programs. community goal and is achieved BILLING CODE 4184–01–M These changes are outlined in Part II. through the project objectives and I. All program announcements will be activities. The project goal should revised to clarify program and directly relate to the statement of need. DEPARTMENT OF HEALTH AND application submission requirements for Project Period: The total time for HUMAN SERVICES the public. These changes appear in the which the recipients’ project or program following sections: Definitions (Part A), is approved for support, including any Administration for Children and Funding Restrictions (Part B), and extension, subject to the availability of Families Evaluation Criteria (Part C). Finally, funds, satisfactory progress and a funding restriction information will be Issuance of Final Policy Directive determination by HHS that continued applicable to all program areas and all funding is in the best interest of the AGENCY: Administration for Native PAs. Government. Americans (ANA). (A) ANA Administrative Policies: As Results and Benefits: Measurement ACTION: Notice. required by Department of Health and descriptions used to track the progress Human Services (HHS) appropriations of accomplishing an individual SUMMARY: The Administration for acts, all HHS recipients must credit objective. The results and benefits must Native Americans (ANA) herein HHS/ACF on materials developed using directly relate to the objective and the describes its issuance of final ANA funds. Therefore, the following activities outlined in the Objective Work interpretive rules, general statements of bullet has been modified to meet this Plan (OWP) and include target numbers policy and rules of agency procedure or agency requirement to credit HHS/ACF. used to track the project’s quarterly practice relating to the Social and The FY 2008 PA revised progress. Economic Development Strategies administrative policy will be: Statement of Need: A clear, concise (hereinafter referred to as SEDS), Native All funded applications will be and precise description of the nature, Language Preservation and Maintenance reviewed to ensure that the applicant scope and severity of a problem. A (hereinafter referred to as Native has provided a positive statement to statement of need typically identifies Language), Environmental Regulatory give credit to HHS/ACF on all materials the specific physical, economic, social, Enhancement (hereinafter referred to as developed using HHS/ACF funds. financial, governmental, institutional, Environmental) programs, (B) ANA Definitions: ANA has added behavioral, language or cultural Environmental Mitigation (hereinafter six new definitions and clarified the challenges of the community. The referred to as Mitigation), and Native definition of eight words. These new statement of need is the problem that American Healthy Marriage Initiative and revised definitions are provided for the proposed project will address. (hereinafter referred to as NAHMI). areas that applicants have historically ii. Revised Definitions: The FY 2008 found difficult to understand, have DATES: March 21, 2008. PA clarifies definitions for the following previously prompted numerous terms: budget period, completed project, FOR FURTHER INFORMATION CONTACT: questions and have created application impact indicators, in-kind Christopher Beach, Division of Program and project development contributions, letter of commitment, Operations, at (877) 922–9262. inconsistencies. In addition, the leveraged resources, objective and OWP. SUPPLEMENTARY INFORMATION: Section revisions reflect changes in the The FY 2008 PA revised definitions 814 of the Native American Programs evaluation criteria for FY 2008 PA. will be: Act of 1974, as amended, requires ANA (Legal authority: Section 803(a) and (d) Budget Period: The interval of time to provide members of the public an and 803C of the Native American into which a project period is divided opportunity to comment on proposed Programs Act of 1974, as amended, 42 for budgetary and funding purposes, changes in interpretive rules, general U.S.C. 2991b and 2991b–3.) and for which a grant is made. A budget statements of policy and rules of agency i. New Definitions: The FY 2008 PA period usually lasts one year in a multi- organization, procedure or practice and includes definitions for the following year project period. to give notice of the final adoption of terms: impact, impact evaluation, Completed Project: A project funded such changes at least 30 days before the project goal, project period, results and by ANA is finished, self-sustaining or changes become effective. benefits, and statement of need. funded by other than ANA funds and The ANA published a Notice of The FY 2008 PAs will include these the results and outcomes of the funded Public Comment (NOPC) in the Federal new definitions: project goal are achieved by the end of Register on January 11, 2008 (73 FR Impact: The change in the physical, the project period. 2045) on the proposed ANA policy and economic, social, financial, Impact Indicators: Measurement program clarifications, modifications governmental, institutional, behavioral, descriptions used to verify the impact or

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the achievement of the project goal. Measurable, Achievable, Results- danger of losing living speakers. It also Indicators must be quantifiable and oriented and Time-bound (SMART). promotes inter-generational documented. Impact indicators include Objectives are the foundation for the communication so that speakers, target numbers and tracking systems. OWPs. A project cannot have more than generally elders, teach youth. (Legal ANA requires three impact indicators three objectives per project period. authority: Section 803(a) and (d) and per project. Impact indicators are Objectives may last more than one 803C of the Native American Programs separate from the results and benefits budget period for multi-year projects. Act of 1974, as amended, 42 U.S.C. section of the Objective Work Plan Objective Work Plan (OWP): The 2991b and 2991b–3.) (OWP). ANA form that documents the project The FY 2008 PA text will be: In-Kind Contributions: In-kind plan the applicant will use to achieve • Projects that allow any one contributions are the value of goods the objectives and produce the results community or region to receive a and/or services that benefit a Federally and benefits expected for each objective. disproportionate share of the funds assisted project. In-kind contributions The OWP provides a project goal available for award. When making are provided without charge to a statement, objectives and detailed decisions on grant awards ANA will recipient (or sub-recipient or cost-type activities proposed for the project and assess and consider whether the contractor under a grant). Any proposed how, when, where and by whom the community or region is already in-kind match must meet the applicable activities will be carried out. ANA will receiving funding for a SEDS, Native requirements found in 45 Code of require separate OWPs for each year of Language or Environmental project from Federal Regulations (CFR) Part 74 and the project (the Office of Management ANA. Part 92. and Budget (OMB) No. 0980–0204, exp. • Applicants that submit a project Letter of Commitment: A letter 12/31/2009). that is essentially identical or similar in documenting the commitment to (C) ANA Disqualification Factors: In whole or in part, to previously funded provide cash or in-kind contributions to order to align to the new OMB format projects. meet the applicant match requirement. for Announcement of Federal Funding, • Projects that are essentially The letter of commitment may be from ANA is relocating and clarifying the identical or similar in whole or in part the applicant or a third-party. The letter long standing Tribal Resolution to previously funded projects in the of commitment must state the dollar Administrative policy statement. The same community. amount (if applicable), the length of Administrative Policy statement will be • Projects that do not further the three time the commitment will be honored removed from Section I Funding inter-related ANA goals of economic and the conditions under which the Opportunity Description, ANA development, social development and organization will support the ANA Administrative Policies to Section III.3 cultural preservation or are unlikely to project. If a dollar amount is included, Disqualification Factors. the amount must be based on market The FY 2008 PA new disqualification be successful based on the proposed and historical rates charged and paid. factor will be: project approach and implementation Applications, including Tribally strategy. The in-kind contributions to be • committed may be human, natural, authorized components and divisions, Projects that seek to revive Native physical or financial, and may include must include a Resolution (a formal languages that do not have any living other Federal and non-Federal decision voted on by the official speakers. resources. governing body) approving the (E) ANA Application Evaluation Leveraged Resources: The non-ANA application. The Resolution must be Criteria: In order to clarify for the resources acquired during the project current, signed, dated and cover the applicant the necessity to provide period that support the project and entire project period. Applications that appropriate information under each exceed the 20 percent applicant match do not include a complete Resolution evaluation criteria, ANA has further required for ANA grants. Such resources will be considered non-responsive and defined application titles, reconfigured may include any natural, financial and the application will not be considered the assigned criteria weight and physical resources available within the for competition. clarified the text within each criterion to Tribe, organization or community to (D) ANA Funding Restrictions: To avoid duplication of information assist in the successful completion of reduce uncertainty, ANA has clarified requested. the project. An example would be an its funding restriction policies. The first i. Titles and Assigned Weight: In the organization that agrees to provide a three bulleted statements identified FY 2008 PA ANA will adjust the supportive action, product, service, below provide clarity on program weighted scores for all criteria in all human or financial contribution that project funding overlaps. This change program areas. The weighted score will add to the potential success of the ensures that ANA provides project adjustments are made to indicate the project. funding to the greatest number of needy value of the evaluation criteria and the Objective(s): Specific outcomes or communities. The fourth bulleted criterion titles are changed to add clarity results to be achieved within the statement clarifies the realignment of to the focus of the criterion section. proposed project period that are ANA goals across all program areas, (Legal authority: Section 803(a) and (d) specified in the OWP. Completion of provides clarity on funding restrictions and 803C of the Native American objectives must result in specific, applicable to projects submitted with Programs Act of 1974, as amended, 42 measurable outcomes that would benefit critical gaps in the project plan and U.S.C. 2991b and 2991b–3.) the community and directly contribute requires significant revisions to the For the FY 2008 ANA Program to the achievement of the stated project OWP, project approach or the Announcement, the criteria weighted goals. These measurable outcomes are implementation strategy. The fifth scores will be: documented in the results and benefits bulleted statement restricts funding for Criterion One—Project Summary (3 section of the OWP. Applicants should projects that support Native languages pts.); relate their proposed project objectives that do not have living speakers. This Criterion Two—Need for Assistance (18 to outcomes that support the restriction ensures that ANA’s limited pts.); community’s long-range goals. Each funds preserve and maintain currently Criterion Three—Project Approach (40 objective should be Specific, spoken languages, especially those in pts.);

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Criterion Four—Organizational Capacity describes community involvement and c. Criterion Three—Project Approach: (17 pts.); relates the project goal to the The FY 2008 PA criterion is organized Criterion Five—Project Impact/ community goal(s). into four subcriteria with respective Evaluation (7 pts.); • Identification of Community (2 weighted scores to identify critical Criterion Six—Budget and Budget points): Provide appropriate background factors in project implementation, Justification/Cost Effectiveness (15 information on the community to be management, monitoring, and leading to pts.). served, including geographic location of overall project success. The OWP the project, where the project will be ii. ANA Evaluation Criteria. instructions will be clearly separate administered and a description of the a. Criterion One—Project Summary: from the project strategy. Descriptions community to be served by the project. The request for an introductory for both contingency plans and A description of the community can summary narrative text will be removed sustainability plans will be expanded. include, but is not limited to, the from the FY 08 PA because the same ANA will limit the number of objectives following: (1) A description of the information is also requested for the to a maximum of three per project population segment within the ANA Project Abstract form. This change period. Finally, as a result of project community to be served or impacted; (2) reduces redundancy in the application monitoring and evaluation reviews, the size of the community; (3) a ANA is limiting the number of process. (Legal authority: Section 803(a) geographic description or location, objectives for each project to three. This and (d) and 803C of the Native including the boundaries of the change will allow applicants to focus on American Programs Act of 1974, as community; (4) demographic data on the activities that are necessary to meet amended, 42 U.S.C. 2991b and 2991b– the target population; and (5) the the project goal and objectives. (Legal 3.) relationship of the community to any authority: Section 803(a) and (d) and The New FY 2008 PA text for larger group or Tribe. 803C of the Native American Programs criterion one will be: Applicants from national and regional Act of 1974, as amended, 42 U.S.C. Project Summary: This criterion will Native organizations must describe their 2991b and 2991b–3.) be evaluated to the extent the ANA organizational membership. Explain The Criterion Three text in the FY Project Abstract form is present and how the organization serves and 2008 PA will be: properly completed. The Project impacts Native communities. Project Approach: This criterion will Abstract provides crucial project • Community Goals (2 points): be evaluated to the extent the applicant information in a concise format and is Provide information on the includes a narrative that addresses the used by the independent review panel, community’s long-range goals. project strategy, the challenges and ANA staff and the Commissioner during Information can include, but is not contingency plan, the sustainability all phases of the review process. The limited to, materials such as excerpts plan, and the ANA OWP form. project summary section of the abstract from a community strategic plan or the • Project Strategy (10 points): Present focuses on the specific purpose of the mission statement of a non-profit a narrative on the project strategy and proposal. The summary must include a organization. implementation plan for the entire brief statement of need, the project goal, • Statement of Need (3 points): A project period. Be clear and concise. project objectives and impact indicators. statement of need is a clear, concise and Provide a clear relationship between the The Abstract must clearly indicate the precise description of the nature, scope proposed project goal and the project Priority Area for which the applicant is and severity of a problem. Create a objectives. Discuss how the project submitting the application for funding statement of need that identifies the objectives will support and assist the consideration. specific physical, economic, social, achievement of the project goal. Discuss b. Criterion Two—Need for financial, governmental, institutional, how the project goal will support and Assistance: Through project evaluations, language or cultural challenges of the assist the achievement of the ANA has determined that there are applicant to be addressed by the community’s long-range goals. several factors in this criterion that are proposed project. (Note: For SEDS projects only) If critical to project management, • Community Involvement (6 points): relevant to the project, applicants must monitoring, and success. Therefore, in Describe in detail how the community provide a Business Plan as an the FY 2008 PA this criterion is to be served was involved in the attachment. categorized into five subcriteria with planning process and the origins of the Project Challenges and Contingency weighted scores and includes expanded project idea. Describe the community Planning (5 points): Based on ANA’s instructions to encourage applicants to participation in writing the project project funding history and information more fully describe each of the critical proposal. Demonstrate and document gathered from project impact factors. Furthermore, ANA is adding a community and/or Tribal government evaluations, ANA has determined that request for a statement of need and a support for the project. Discuss the all projects encounter challenges and project goal. ANA anticipates that these relationship of any non-ANA-funded therefore need to have a contingency inclusions will result in better defined activities supportive of the project. plan should a significant challenge project scopes and objectives. (Legal Documented support is a critical arise. Challenges can arise because authority: Section 803(a) and (d) and element of this evaluation criterion and applicants make assumptions about 803C of the Native American Programs includes, but is not limited to, materials critical events, conditions and/or Act of 1974, as amended, 42 U.S.C. such as letters of support, testimonials decisions outside of the control of 2991b and 2991b–3.) and community meeting minutes. project management. The applicant The New FY 2008 PA Text for the • Project Goal (5 points): Introduce needs to identify challenges that may Objectives and Need for Assistance the project goal and briefly state the arise during the project’s initial start-up criterion will be: project objective(s). The project goal is and throughout the project period. Need for Assistance: This criterion the specific result or purpose expected Consider such challenges as difficulty will be evaluated to the extent the to be accomplished over the entire hiring and retaining key staff, difficulty applicant describes the community to be project period. The project goal should recruiting community members and/or served by the project, identifies the directly relate to the statement of need volunteers for project activities, community goal(s), defines the need, and an identified community goal. difficulty recruiting target audience

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(e.g., students, children, elders), required ANA reports and attendance at Organizational Capacity: This difficulty securing agreed upon support ANA post-award training. Especially criterion will be evaluated to the extent from partners to provide services/ useful are activities that show progress the applicant demonstrates their funding, planning shortfalls, possible and/or results on a quarterly basis. organizational capacity and ability to disruption of the project timeline due to Explain how the activities outlined in staff and implement the proposed Tribal elections and difficulty securing the OWP will lead to the successful project. permits or licensing from government achievement of the project objectives • Organizational Capacity (12 points): entities. Identify potential challenges and goal. Provide information on the management and explain the contingency plan that Identify the position responsible for structure of the applicant such as will be implemented to overcome those the completion of each activity by personnel and financial policies. challenges. The contingency plan identifying the title(s) of the salaried Describe the administrative structure of should ensure that the project will be project staff person(s). Identify time the applicant and the systems to track successfully completed within the periods that are realistic to complete the funding and progress of the project. proposed funded timeframe. each activity. Use elapsed times from Demonstrate the applicant’s capacity • Sustainability Plan (5 points): the start of the project (e.g., month 1, and ability to administer and implement Establish whether the project will be month 2) rather than absolute dates. a project of the proposed scope. Include completed, self-sustaining, or funded by September 30 is the start date for each an organizational chart that indicates other than ANA funds at the end of the budget period. Identify the non-salary where the ANA project will fit in the project period. If the project is to be personnel hours, including non-salaried existing administrative structure. completed, explain why the project does contributors (paid or in-kind) to the List all sources of Federal funding the not need to continue. For projects that project. List hours according to who is applicant currently oversees. Include are expected to continue after ANA providing them (e.g., Committee information on the funding agency, funding has expired, present the vision person—10 hours; ABC Consultant—5 purpose of the funding and amount. showing how this project will be hours): Provide supporting Provide the most recent certified signed sustained. For example, explain how a documentation for the hours listed in audit letter for the organization. If the self-sustaining project will generate this column. If applying on applicant has audit exceptions, these sufficient funds to continue. www.grants.gov, be aware that each issues should be discussed within this • Objective Work Plan (20 points): objective is limited to eight activities on criterion, detailing any steps taken to The ANA OWP form is the blueprint for the OWP form. Furthermore, each overcome the exceptions. the project. The OWP provides detailed section has a limitation on the number Applicants are required to affirm that descriptions of the project goal, the of characters (i.e., 180) that are allowed. they will credit ANA and reference the project objectives, supporting activities The results and benefits section of the ANA-funded project on any audio, and the results and benefits to be OWP is used to track the progress of video and/or printed materials expected. It provides the what, how, accomplishing an individual objective. developed in whole or in part with ANA when, where, and by whom of the The results and benefits must directly funds. project. As such, it is a stand alone relate to the activities that support the A consortium applicant must identify document that should provide sufficient accomplishment of an objective in the the consortium membership and information for an application reviewer, OWP. The results and benefits are used describe roles and responsibilities of ANA staff or a project manager to to monitor the project’s quarterly each member in relation to the proposed understand the project and how it will progress and must include target project. One member of the consortium be implemented. The OWP is the basis numbers. The criteria for evaluating the must be the recipient of the ANA funds. for reporting on the project. results and benefits expected are of the A consortium applicant must be an A project cannot exceed three applicant’s choosing and need to be eligible entity as defined by this objectives per project period. Complete documented and verifiable. program announcement and the ANA an ANA OWP form for each objective d. Criterion Four—Organizational regulations. Include documentation per budget period. Some objectives will Capacity: The FY 2008 PA criterion will signed by the membership supporting require more than one form, especially be organized into two subcriteria with the ANA application. ANA will not if submitting an electronic application. weighted scores and expanded fund activities by a consortium of Tribes In addition, some objectives may last instructions to identify factors related to that duplicate activities for which more than one budget period. Ensure organizational capacity (management member Tribes also receive funding the objective is correctly stated in the structure, administrative structure and from ANA. Include a copy of the OWP, the project narrative and on the financial competence) and project consortia legal agreement or memoranda ANA Abstract form. staffing, which are critical to project of agreement. The objective statement should success. Additional information on the List all of the applicant’s partners that contain the following basic elements: staffing pattern will ensure applicants will be providing support to the what will be accomplished during the consider the time to hire, qualifications project’s implementation. Include project period and when it will be needed and requisite staff information on the current accomplished. Each objective should be responsibilities. ANA has determined organizational relationship between the Specific, Measurable, Achievable, that difficulty achieving target dates for applicant and the partner. The Results-oriented and Time-bound hiring often results in the need for experience and expertise of these (SMART). budget modifications and project partners must align with the activities For each objective, list activities that extensions or results in the inability to stated in the OWP that they will be provide a road map to achieve the meet the project’s objectives and goal. supporting. This information should objective. Each activity is a step in the (Legal authority: Section 803(a) and (d) state the nature, amount and conditions logical progression of the project. and 803C of the Native American under which another agency, Include specific and significant Programs Act of 1974, as amended, 42 organization or individual will support activities (e.g., hiring staff, developing U.S.C. 2991b and 2991b–3.) a project funded by ANA. first draft), ongoing activities (e.g., The FY 2008 Criterion Four text will • Project Staffing Plan (5 points): meetings and classes), the submission of be: Provide staffing and position data that

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includes a proposed staffing pattern for governmental, institutional, behavioral, Categories of the Budget Information- the project. Describe the process and language or cultural conditions as a Non Construction Programs on the SF– general timeframe to hire staff (such as result of the project. 424A form. These sections are explained advertising or recruiting from within the Each applicant must submit three in Section II of this program community). Explain how the current impact indicators. Two of the three announcement. and future staff will manage the project indicators are standard and The following is important to proposed project. Full project position required across all ANA programs and consider when preparing the budget: descriptions are required to be the third is directly related to the project Personnel costs should reflect the time submitted as an attachment. Brief goal. The required, standard ANA needed to hire staff, if key personnel biographies and/or resumes of identified impact indicators are (1) the number of need to be hired and the hiring process key positions or individuals will be partnerships formed and (2) the amount is two months, then calculate the salary included as an attachment. Project of leveraged resources (see Definitions). based on ten months, rather than positions discussed in this section must The third required impact indicator is twelve; include travel expenses for the match the positions identified in the used to track the success of the project chief financial officer and project OWP and in the itemized budget. in achieving the project goal and is director to attend a regional ANA post- Note: Applicants are strongly encouraged developed by the applicant. Discuss award training; include local travel (e.g., to give preference to qualified Native how this impact indicator relates to the mileage for local meetings) in the Other Americans, in accordance with applicable project goal. For each impact indicator budget category, not in the Travel laws, in hiring project staff and in contracting submitted provide a system to track the budget category. services under an approved ANA grant. (In indicator and a target number. Explain • Budget Justification/Cost the last statement, ANA is clarifying the the rationale used to choose the target Effectiveness (10 points): Submit suggested hiring preference for Native number. Impact indicators are tracked justification narratives that support and Americans for ANA-funded projects (42 throughout the grant and are reported align with the Federal request and U.S.C. 2991b–2(c)(6).) quarterly. applicant match requirement. The e. Criterion Five—Project Impact/ f. Criterion Six—Budget and Budget justification should identify how the Evaluation: The FY 2008 PA criterion Justification/Cost Effectiveness: The FY calculations for each of the line-items text will focus on impact indicators and 2008 PA criterion is organized into two were developed and explain how they remove results and benefits expected. subcriteria with weighted scores and are important to the project. Include the Furthermore, the number of required expanded instructions. The purpose of necessary details to facilitate the impact indicators is reduced from five assigning weighted scores for both the determination of allowable costs and the to three and the list of possible impact budget and the budget justification is to relevance of these costs to the proposed indicators has been removed. ANA provide clarity and to emphasize the project. anticipates that these changes and the importance and need to submit itemized Demonstrate cost effectiveness of the revised description of impact indicators line-item budgets separately from budget by explaining why this project will result in the selection and tracking budget justifications. It is ANA’s and associated costs are an effective use of project-specific, applicant-selected experience that separate documents are of ANA resources. Indicate how the impact indicators. (Legal authority: essential for review and monitoring of proposed budget aligns with regional Section 803(a) and (d) and 803C of the projects. Furthermore, the budget costs and why funding is necessary to Native American Programs Act of 1974, justification and cost effectiveness resolve the statement of need. Identify as amended, 42 U.S.C. 2991b and components have been consolidated to source or include documentation of 2991b–3.) emphasize the relationship between the price quotations, where possible. The FY 2008 PA Criterion text will be: cost justification and cost Identify the source of the required Project Impact/Evaluation: This reasonableness. (Legal authority: applicant match and provide criterion will be evaluated to the extent Section 803(a) and (d) and 803C of the documentation in the form of letters of the applicant addresses the relationship Native American Programs Act of 1974, commitment (see Definitions). between the project goal and the impact as amended, 42 U.S.C. 2991b and Submit a copy of the current Indirect indicators. 2991b–3.) Cost Rate Agreement (see Uniform ANA conducts on-site community The FY 2008 PA Criterion text is: Project Description definitions) in order impact evaluations during the last Budget and Budget Justification/Cost to charge or otherwise seek credit for quarter of the project period. Impact Effectiveness: This criterion will be indirect costs. The agreement must have evaluations provide grantees the evaluated to the extent the applicant all costs broken down by category so opportunity to share, through provides information on the Federal ANA reviewers can be certain that no qualitative and quantitative information, funds request, applicant match budgeted line-items are included in the how the project goal and objectives were requirement, and reasonableness of indirect cost pool. Applicants that do accomplished and how the identified costs. ANA requires applicants to not submit a current Indirect Cost Rate community was impacted by the ANA- submit an itemized budget for the costs Agreement may not be able to claim the funded project. This information is then associated with the successful allowable cost, may have the grant submitted in an annual report to accomplishment of the project award amount reduced, or may Congress. objectives and goal. The budget must experience a delay in the grant award. Impact Indicators (7 points): Impact include estimated costs, a budget • (Note: For SEDS projects only) For indicators are measurement descriptions justification and information on cost business development projects, used to verify the achievement of the effectiveness. demonstrate that the expected return on project goal and are separate and • Budget (5 points): Submit itemized the ANA funds used to develop the distinct from the results and benefits budgets that list the Federal request and project will provide a reasonable section of the OWP. ANA uses impact applicant match requirement. An operating income and investment return indicators to determine if a grantee has itemized budget must be submitted for within a specified time period. If a achieved the expected project goal. each budget period. These budgets profit-making venture is being Impact is defined as the change in should align with each Object Class proposed, profits must be reinvested in physical, economic, social, financial, Category listed under Section B-Budget the business in order to decrease or

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eliminate ANA’s future participation. IV—Native Language Immersion Project Language Survival Schools as defined Such revenue must be reported as grants are only used for immersion by Public Law. 109–394: Site-based general program income. A decision projects with language nests and educational programs for school age will be made at the time of the grant language survival schools in accordance students that provide an average of at award regarding appropriate use of with Public Law 109–394. least 500 hours of Native language program income (see 45 CFR Part 74 and ii. Funding Opportunity Description instruction through the use of 1 or more Part 92). The Following Statements will be Native American language for at least 15 II. ANA FY 2008 Program Specific added in the FY 2008 PA: students for whom a Native American Changes. ANA FY 2008 PAs for the (To Legislative Authority) Esther language survival school is their Native Language Program, NAHMI, Martinez Native American Languages principal place of instruction, develop SEDS, and Mitigation include changes Preservation Act of 2006, Public Law instructional courses and materials for specific to those programs. Changes are 109–394. learning Native American languages and found throughout the PA and are (To Funding Opportunity Description, for instruction through the use of Native identified below for each specific after the first paragraph) In 2006, American languages, provide for teacher program. Congress passed the Esther Martinez training, work toward a goal of all (A) ANA Native Language: Changes to Native American Language Preservation students achieving fluency in a Native the Native Languages program area Act of 2006, Public Law 109–394. The American language and academic description, definitions, and priority law amends the Native American proficiency in mathematics, reading (or area descriptions reflect the addition of Programs Act of 1974 to provide for the language arts) and science and are Category IV: Native Language revitalization of Native American located in areas that have high numbers Immersion Projects to include the Esther languages through Native American or percentages of Native American Martinez Native American Languages language immersion programs, and for students. Preservation Act of 2006 (Pub. L. 109– other purposes. v. The Descriptions for Native 394). Each one of ANA’s language (To Funding Opportunity Description, Language Categories I, II and III will be categories builds on the other. Language last sentence) For Category IV projects, revised and Category IV will be added. Category IV is the logical next step in applicants must abide by the parameters a. Category I—Native Language the process of cultural preservation established by Public Law 109–394. Assessment through the implementation of language iii. The FY 2008 PA Will Be Amended The FY 2008 PA Category I program immersion programs. (Legal authority: to include the following statement prior area of interest will be: Section 803(a) and (d) and 803C of the A project that compiles, collects and to the Category One description: Native American Programs Act of 1974, organizes Native language data in order Please note that this announcement is as amended, 42 U.S.C. 2991b and to have a current description of the divided into four priority areas. The first 2991b–3 and Pub. L. 109–394.) community’s language status obtained priority area is Category I—Native i. Executive Summary through a ‘‘formal’’ method (e.g., work Language Assessment; the second The FY 2008 PA Executive Summary performed by a linguist and/or a priority area is Category II—Native will be: language survey conducted by Language Project Planning; the third The Administration for Native community members) or an ‘‘informal priority area is Category III—Native Americans (ANA), within the method’’ (e.g., a community consensus Language Project Implementation; and Administration for Children and of the language status based on elders, the fourth priority area is Category IV— Families (ACF), announces the Tribal scholars, and/or other community Native Language Immersion Project. availability of Fiscal Year (FY) 2008 members). funds for new community-based Information on each priority area b. Category II—Native Language activities under ANA’s Native Language immediately follows Section VIII of the Project Planning Preservation and Maintenance program preceding program area. The Standard The FY 2008 PA Category II area. Financial assistance is provided Form (SF) 424 and ANA Project description will be: using a competitive process in Abstract form must clearly indicate the The purpose of a Category II—Native accordance with the Native American correct priority area category (I, II, III or Language Planning Project is to Programs Act of 1974, and the Esther IV). An applicant cannot apply for more encourage Tribes and Native Martinez Native American Languages than one category. organizations to plan and design Native Preservation Act of 2006. ANA provides iv. ANA added definitions in order to language projects. Applicants are financial assistance to eligible clarify Category IV. encouraged to develop a project that applicants for the purpose of assisting The FY 2008 Native Language PA results in a comprehensive plan to Native Americans in assuring the includes these definitions: preserve the Native language that uses survival and continuing vitality of their Language Nests as defined by Public current community language assessment languages. Grants are provided under Law 109–394: Site-based educational data, reviews innovative methods that the following four categories: Category programs that provide Native language bring older and younger Native I—Native Language Assessment grants instruction and child care through the Americans together to teach and learn are used to conduct the assessment use of a Native American language for the language, and considers all essential needed to identify the current status of at least 10 children under the age of 7 elements needed to sustain and the Native American language(s) to be for an average of at least 500 hours per implement a language project. Category addressed; Category II—Native year per student, provide classes in a II—Planning Projects are for planning Language Project Planning grants are Native American language for parents and design only and do not include used to plan a language project; (or legal guardians) of students enrolled activities that call for direct language Category III—Native Language Project in a Native American language nest learning or instruction. Program areas of Implementation grants are used to (including Native American language- interest include: implement a preservation language speaking parents) and ensure that a • Projects to plan and design Master/ project that will contribute to the Native American language is the Apprentice programs; achievement of the community’s long- dominant medium of instruction in the • Projects to plan and design a range language goal(s); and Category Native American language nest. comprehensive Native language

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immersion programs for a language nest per student, provide classes in a Native status minimally includes the following or survival school; American language for parents (or legal information: Age, gender and number of • Projects that plan, design, and test guardians) of students enrolled in a speakers; level(s) of fluency; number of curriculum for students, parents and Native American language nest first language speakers, number of language instructors; (including Native American language- second language speakers, and level of • Projects that plan and design speaking parents) and ensure that a fluency; where Native language is used, teaching materials; Native American language is the e.g., home, court system, religious • Projects that plan and design multi- dominant medium of instruction in the ceremonies, church, media, school, media language learning tools; Native American language nest. governance and cultural activities; rate • Projects that plan and design a The program area of interest for a of language loss or gain; and the source teacher certification program. Category IV language survival school as of data (formal and/or informal). c. Category III—Native Language defined by statute are site-based Fully describe existing community Project Implementation educational programs for school-age language programs and projects, if any, The FY 2008 Category III description students that— in support of the Native American will be: Æ Provide an average of at least 500 language to be addressed by the ANA The purpose of Category III grants is hours of Native language instruction project. If the applicant has never had to provide support to Tribes and Native through the use of 1 or more Native a language program, include a detailed organizations in the implementation of American language for at least 15 explanation of what barriers or a Native language project to achieve the students for whom a Native American circumstances prevented the community’s long-range language language survival school is their establishment of a community language goal(s). Program areas of interest under principal place of instruction, develop program. Category III include: instructional courses and materials for c. Category III—Native Language • Projects to produce and disseminate learning Native American languages and Implementation culturally relevant printed stories for for instruction through the use of Native The FY 2008 PA will include the children, on mental and physical American languages, provide for teacher following in Criterion Two—Need for disabilities, using the Native language of training, work toward a goal of all Assistance, Identification of the community; students achieving fluency in a Native Community: • Projects to facilitate and encourage American language and academic Describe the current status of the inter-generational teaching of Native proficiency in mathematics, reading (or Native American language to be American language skills; language arts) and science and are addressed in this project. Current status • Projects to train teachers, located in areas that have high numbers is defined as data compiled within the interpreters or translators of Native or percentages of Native American previous 36 months. The description of languages; students. the current status minimally includes • Projects to disseminate culturally vi. Evaluation Criteria the following information: Age, gender relevant materials to be used to teach In addition to the newly developed and number of speakers; level(s) of and enhance the use of Native American evaluation criteria presented in Part I. fluency; number of first language languages; C., additional information requests for speakers, number of second language • Projects to implement an the Native Language program have been speakers, and level of fluency; where immersion, mentor or distance learning added. The additional information Native language is used, e.g., home, model; reflects the priority area-specific court system, religious ceremonies, • Projects to produce, distribute or information that is necessary for project church, media, school, governance and participate in television, radio or other review and administration. (Legal cultural activities; rate of language loss media forms to broadcast Native authority: Section 803(a) and (d) and or gain; and the source of data (formal languages; 803C of the Native American Programs and/or informal). • Projects to compile, transcribe and Act of 1974, as amended, 42 U.S.C. Describe existing community perform analysis of oral testimony; 2991b and 2991b–3 and Pub. L. 109– language programs and projects, if any, • Projects to implement an 394.) in support of the Native American educational site-based immersion a. Category I—Native Language language to be addressed by the ANA project. Assessment project. If the applicant has never had d. Category IV—Native Language The FY 2008 PA Will Include the a language program, include a detailed Immersion Projects. following statement in Criterion Two— explanation of what barriers or The FY 2008 Category IV description Need for Assistance, Identification of circumstances prevented the will be: Community: establishment of a community language The purpose of Category IV grants is Describe the known status of the program. to fund Native American Language Native American language(s) in the The FY 2008 PA will include the Immersion projects. The only program community. Indicate how many known following in Criterion Three— areas of interest funded under this speakers of the language(s) are in the Approach, Project Strategy: priority area are immersion projects for community. Include a brief description of how the language nests or for language survival b. Category II—Native Language project will determine effective schools. Planning language growth has occurred in the The program area of interest for a The FY 2008 PA will include the community. Category IV language nest project as following in criterion two—need for Describe how the project’s defined by statute are site-based assistance, identification of community: methodology, research data, outcomes, educational programs that— Describe the current status of the or other products can be shared and Æ Provide Native language instruction Native American language to be modified for use by other Tribes or and child care through the use of a addressed in this planning project. Native communities. If this is not Native American language for at least 10 Current status is defined as data feasible or is culturally inappropriate, children under the age of 7 for an compiled within the previous 36 provide the reasons. The goal is to average of at least 500 hours per year months. The description of the current provide opportunities to ensure the

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survival and continuing vitality of American language nest or any other proposals more feasible for applicants Native languages. educational program in which and executing projects more manageable Describe how the products of the instruction is conducted in a Native for grantees. It also will lead to reduced project will be preserved through American language. Certification should project periods, thus reducing the archival or other culturally appropriate include at least 3 years of accreditation challenges of long-term budget methods, for the benefit of future by the State or Tribe to teach the Native requirements and grant administration. generations. Native language projects American language to the relevant age ANA anticipates that these changes will that produce audio or print media will group. increase applications under this now include a stipulation that a copy of Funding Thresholds: The new FY program area. the products will be provided to ANA 2008 priority area will revise the Category II includes additional for the Language Repository. Federally funding thresholds for each language program areas of interest, specifically recognized Tribes are exempt from this category, which reflects ANA projects that target fathers and absentee stipulation and may choose not to availability for funds in this program parents. These areas of interest were submit project products. area. (Legal authority: Section 803(a) included because they have a direct d. Category IV—Language Immersion and (d) and 803C of the Native impact on child welfare. (Legal Projects American Programs Act of 1974, as authority: Section 803(a) and (d) and The FY 2008 PA will include the amended, 42 U.S.C. 2991b and 2991b-3 803C of the Native American Programs following in Criterion Two—Need for and Pub. L. 109–394.) Act of 1974, as amended, 42 U.S.C. Assistance, Identification of Project Periods: The new FY 2008 2991b and 2991b–3.) Community: Native Language categories will have i. Executive Summary Describe the current status of the specific project periods. Category I will a. In the First Paragraph the FY 2008 Native American language to be be a 12-month project period; Category PA will state: addressed in this project. Current status II will be a 12-or 24-month project * * * funds for projects that plan for is defined as data compiled within the period; Category III will be a 12-, 24-, or and implement approaches to improve previous 36 months. 36-month project; and Category IV will * * * and strengthening families The FY 2008 PA will include the be 36-month-only project period. These (including absentee parent activities) in following in Criterion Three— project periods allow ANA to fund the Native American communities. Approach, Project Strategy: greatest number of projects while still b. The FY 2008 PA Text, Beginning Fully describe the existing Native allowing ample time for projects in each with the third paragraph which focuses language program(s), and include the category to be completed. (Legal on NAHMI, will be: following: (1) The program goals; (2) the authority: Section 803(a) and (d) and The Native American Healthy number of program participants; (3) the 803C of the Native American Programs Marriage Initiative (NAHMI) is a number of speakers; (4) the age range of Act of 1974, as amended, 42 U.S.C. component of the ACF HMI (Healthy participants (e.g., 0–5, 6–10, 11–18); (5) 2991b and 2991b-3 and Pub. L. 109– Marriage Initiative) and specifically the number of language teachers; (6) the 394.) criteria used to acknowledge vii. Forms, Assurances, and promotes planning and implementing competency of language teachers; (7) the Certifications. culturally competent strategies for resources available to the applicant (e.g., The additional certification fostering healthy marriages, responsible valid grammars, dictionaries and requirement was added to comply with fatherhood and child well-being to orthographies) or describe other suitable the Esther Martinez Native American strengthen families within the Native resources; and (8) the program Languages Preservation Act of 2006. American Community. achievements. (Legal authority: Section 803(a) and (d) ANA believes a focused strategy is The FY 2008 PA will include the and 803C of the Native American needed to support the Native American following in Criterion Four— Programs Act of 1974, as amended, 42 Community because of the unique Organizational Capacity, Organizational U.S.C. 2991b and 2991b–3 and Pub. L. experiences of the Native American Capacity: 109–394.) population, and there is a clear link For language nest projects, the The FY 2008 PA Category IV— between healthy marriage and child applicant shall provide information on Language Immersion will include an well-being. The NAHMI-focused the capacity of the organization to additional requirement: strategy includes three components: (1) provide instruction and child care for at For applicants applying as a Category Education and Communication; (2) the least 10 children under the age of 7 for IV Native American language survival Creation and Enhancement of an average of at least 500 hours per year school, submit the following Collaborations and Partnerships; and (3) per student. The applicant shall also certification: Identifying Resources. provide information on the capacity of • A certification that the applicant The goal of NAHMI is to increase the the applicant to provide classes to the has operated and administered a Native percentage of youth and young adults parents of the students in the language American language survival school, a who have the skills and knowledge to nest. Native American language nest, or any make informed decisions about healthy For a language survival school project, other educational program in which relationships, including skills that can the applicant shall provide information instruction is conducted in a Native help them eventually form and sustain on the capacity of the organization to American language for at least 3 years. a healthy marriage; increase the provide an average of at least 500 hours Certification may include accreditation percentage of couples who are equipped of instruction through the use of 1 or from the applicant’s State and/or Tribe. with the skills and knowledge necessary more Native American languages for at (B) ANA NAHMI: The FY 2008 PA to form and sustain healthy marriages; least 15 students. Information must includes two priority areas, specifically increase the percentage of Native include a certification by the applicant Category I—NAHMI Project Planning American children who are raised by that the applicant has not less than 3 and Category II—NAHMI Project two parents in a healthy marriage years of experience in operating and Implementation. The division of the environment that is also free of administering a Native American NAHMI program area into two priority domestic violence; increase the language survival school, a Native areas will make developing project percentage of involvement by absentee

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parents in the lives of their children; must clearly indicate the correct priority being within an established Native increase public awareness in Native area. community. Applicants are encouraged American communities about the value iv. Definitions. The definition for to develop a project that results in a of healthy marriages and responsible Domestic Violence Protocol (DVP) will comprehensive NAHMI plan that fatherhood; and encourage and support be added and the definition for logic includes a community assessment of the research on Native American healthy model will be removed. These changes challenges and barriers that negatively marriages and healthy marriage correspond to changes in the evaluation impact marriages, parenting, child well- education. criteria. A DVP is required to be being, and families within Native ii. Funding Opportunity Description developed in Category I and is required American communities; identifies The FY 2008 PA will be: for Category II. (Legal authority: Section resources and partnerships; and This program area seeks to fund 803(a) and (d) and 803C of the Native develops a strategy to help sustain projects that engage in the planning and American Programs Act of 1974, as healthy marriages and responsible implementation of approaches to amended, 42 U.S.C. 2991b and 2991b– fatherhood within Native American remove barriers to forming lasting 3.) communities. Category I—Project families and healthy marriages in Native The FY 2008 PA will include one new Planning is for planning and design communities. The announcement is definition: only. Program areas of interest include: divided into two priority areas. The first Domestic Violence Protocol: A • Projects that develop a plan to priority area is Category I—Improving protocol that describes how you will provide youth education in high the Well-Being of Children/Native respond to domestic violence issues. schools, youth organizations, and American Healthy Marriage Initiative Key components of a domestic violence community centers on the value of Project Planning. Projects funded under protocol include key project partners, healthy marriages and responsible Category I of this announcement will program description, mission of the fatherhood. This can include education include activities that design and engage healthy marriage project, scope and on relationship conflict resolution, in a community-based planning process purpose of protocol, underlying communication, and commitment, as that identifies barriers to forming principles and shared values, list of long as it is done in the context of healthy marriages (including Traditional domestic violence shelters, definition of promoting healthy marriage. Projects Native American marriages); assesses domestic violence, screening and should use a pre-marital education or the needs and interest of the community assessment procedures, responding to responsible fatherhood curriculum to participate in a NAHMI project; disclosure of abuse procedures, focused on youth. assesses existing absentee parenting confidentiality, training, and evaluation • Projects that develop a plan to offer programs; identifies strategies to of protocol. For more information, marriage education and marriage skills, implement a NAHMI project and please visit the ANA Web site at that may include communication skills, develops projects that are designed to http://www.acf.hhs.gov/programs/ana/ conflict resolution, commitment and reduce or eliminate the challenges and programs/NAHMI/NAHMI_domestic parenting skills to expectant couples, barriers identified by the community. _violence.html. both married and unmarried, absentee The second priority area is Category II— v. The FY 2008 PA will include two parents, as well as new parents, both Improving the Well-Being of Children/ priority areas, Category I—Project married and unmarried. Native American Healthy Marriage Planning and Category II—Project • Projects that develop a plan to offer Initiative Project Implementation. Implementation. Communities have pre-marital education and marriage Projects funded under Category II of this requested additional time to plan and skills training for couples, individuals, announcement will include activities develop community partners for or engaged couples interested in that provide community resources such comprehensive healthy marriage and marriage. Training would include a as marriage education/enrichment fatherhood projects. Therefore, ANA has marital educational course and couples training; pre-marital education; created two priority areas; planning and would learn the knowledge and skills relationship skills education on implementation, to allow communities (e.g. communication, conflict resolution, communication, conflict resolution, and the opportunity to apply for shorter commitment) necessary to choose commitment; and other support project periods and to focus on planning marriage for themselves, if they so activities such as family outings, family activities that will ensure successful desire. strengthening groups, and weekend pre- future NAHMI projects. The FY 2008 PA • Projects that develop a plan to offer marital/marital education retreats. for Category II revises the number of absentee parents services that help them iii. The FY 2008 PA will be amended required program areas of interest from to overcome barriers that prevent them to include the following statement prior three to at least one. (Legal authority: from consistent involvement in their to the priority one description: Section 803(a) and (d) and 803C of the children’s lives. Services would include Please note that this announcement is Native American Programs Act of 1974, activities that provide the absentee divided into two priority areas. The first as amended, 42 U.S.C. 2991b and parents opportunities to interact with priority area is Category I—Improving 2991b–3.) their children and increase parental the Well-Being of Children/Native a. The FY 2008 PA will include the involvement, and also promote the American Healthy Marriage Initiative following priority area 1 description: value and importance of healthy Project Planning and the second priority Priority Area 1: Category I— marriages and families. area is Category II—Improving the Well- Improving the Well-Being of Children/ • Projects that develop a plan to offer Being of Children/Native American Native American Healthy Marriage education on communication and Healthy Marriage Initiative Project Initiative Project Planning conflict resolution for absentee parents Implementation. The second priority to improve the custodial and non- information immediately follows Description custodial parental relationship and Section VIII of priority area one. The purpose of a Category I planning increase absentee parents’ involvement Applicants may submit under either project is to engage in a community- in their children’s lives. Priority Area I or Priority Area II but not based planning process that assesses the • Projects that develop a plan to both priority areas. The Standard Form current status of available resources and provide marriage enhancement/ (SF) 424 and ANA Project Abstract form barriers to marriage and child well- enrichment and marriage skills training

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programs for married couples to • Projects that offer marriage request for a logic model and revise the improve or strengthen their relationship education and marriage skills, that may requirement for the Domestic Violence through a certified marital education include relationship skills, Protocol. The request for the logic course. The course should include communication skills, conflict model was removed to standardize the lessons on communication, conflict resolution, commitment and parenting program announcements across all resolution and commitment. skills to expectant couples, both married program areas. (Legal authority: Section • Projects that develop a plan to use and unmarried, absentee parents, as 803(a) and (d) and 803C of the Native married couples as role models and well as new parents, both married and American Programs Act of 1974, as mentors in at-risk communities to teach unmarried. amended, 42 U.S.C. 2991b and 2991b– healthy relationship and marriage skills. • Projects that offer pre-marital 3.) Projects should include a marital education and marriage skills training a. The FY 2008 PA Priority Area One educational course that emphasizes for couples, individuals or engaged (Project Planning) will include an communication, commitment and couples interested in marriage. Training activity to plan and design the Domestic conflict resolution; weekend retreats; would include a marital educational Violence Protocol under Criterion and mentor groups. course and couples would learn the Three—Project Approach, Objective • Projects that develop a plan to knowledge and skills (e.g. Work Plan. The text will read: conduct research on the benefits of communication, conflict resolution, Include an activity to plan and design healthy marriages and healthy marriage commitment) necessary to choose the Domestic Violence Protocol (see education. marriage for themselves if they so Definitions) the proposed project will • Projects that develop a plan to desire. use to identify and provide appropriate • Projects that offer absentee parents provide public advertising campaigns in referral or services for individuals or services that help them to overcome Native American communities on the couples where violence is occurring. barriers that prevent them from value of healthy marriage, parental b. The FY 2008 PA Priority Area Two consistent involvement in their involvement, and responsible (Project Implementation) Will Include children’s lives. Services would include fatherhood as a way to improve the Following Requirement Under activities that provide the absentee marriages and strengthen family Criterion Three—Project Approach, parents opportunities to interact with relationships. Project Strategy. The text will read: their children and increase parental Applicants are required to discuss the b. The FY 2008 PA will include the involvement, and also promote the Domestic Violence Protocol (see following priority area 2 description: value and importance of healthy Definitions) the proposed project will Priority Area 2: Improving the Well- marriages and families. use to identify and provide appropriate Being of Children/Native American • Projects that offer education on referral or services for individuals or Healthy Marriage Initiative—Project communication and conflict resolution couples where violence is occurring. Implementation for absentee parents to improve the Applicants should be able to Description custodial and non-custodial parental demonstrate knowledge of the relationship and increase absentee The purpose of a Category II—NAHMI information and services provided by parents’ involvement in their children’s domestic violence coalitions within the Project Implementation is to support a lives. community-based project focused on community. • Projects that provide marriage vii. Funding Thresholds. healthy marriage and families. Other enhancement/enrichment and marriage The funding thresholds for this activities such as relationship skills, skills training programs for married program will be revised to reflect ANA’s responsible parenting, abstinence couples to improve or strengthen their availability of funds within this special education, and foster parenting can be relationship through a certified marital initiative program area. These included in the project but must not be education course. The course should thresholds allow ANA to provide the primary objective and must be in the include lessons on communication, funding to the maximum number of context of supporting healthy marriage conflict resolution and commitment. applicants. (Legal authority: Section and responsible fatherhood. The • Projects that use married couples as 803(a) and (d) and 803C of the Native primary objective of these projects is role models and mentors in at-risk American Programs Act of 1974, as pre-marital education or marriage communities to teach healthy amended, 42 U.S.C. 2991b and 2991b– education for youth, adults, and relationship and marriage skills. 3.) couples. Eligibility for funding is Projects should include a marital viii. Project Periods. restricted to projects of the type listed educational course that emphasizes The project periods reflect the review in this program announcement. communication, commitment and and assessment of projects monitored Applicants should choose one or more conflict resolution; weekend retreats; under this special initiative program program areas of interest from the list and mentor groups. area. These project periods allow ANA below: • Projects that conduct research on to provide funding to the maximum • Projects that provide youth the benefits of healthy marriages and number of applicants. (Legal authority: education in high schools, youth healthy marriage education. Section 803(a) and (d) and 803C of the organizations and community centers • Projects that provide public Native American Programs Act of 1974, on the value of healthy marriages and advertising campaigns in Native as amended, 42 U.S.C. 2991b and responsible fatherhood. This can American communities on the value of 2991b–3.) include education on healthy healthy marriage, parental involvement, In the FY 08 PA, project periods will relationship skills including conflict and responsible fatherhood as a way to be: resolution, communication, and improve marriages and strengthen • Priority Area 1—Planning: 12 commitment, as long as it is done in the family relationships. months. context of promoting healthy marriage. vi. Evaluation Criteria: In addition to • Priority Area 2—Implementation: Projects should use a pre-marital the newly developed evaluation criteria 36 months. education or responsible fatherhood presented in Part I. C. of this document, (C) ANA SEDS: In the FY 2008 PA for curriculum focused on youth. the FY 2008 NAHMI will remove the both priority areas, the program areas of

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interest (PAI) for social development Date: April 17, 2008. notify the Contact Person listed below projects changed. The Administration Time: 3 p.m. to 5 p.m. in advance of the meeting. Agenda: To review and evaluate grant for Children and Families has expanded The meeting will be closed to the the focus of healthy marriage to include applications. Place: National Institutes of Health, 6701 public in accordance with the responsible fatherhood activities. In Rockledge Drive, Bethesda, MD 20892 provisions set forth in sections order to eliminate redundancy, this (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., activity was added to the NAHMI PA. Contact Person: Alexander Yakovlev, PhD, as amended. The grant applications and The grandparents PAI was included to Scientific Review Officer, Center for the discussions could disclose promote inter-generational programs. Scientific Review, National Institutes of confidential trade secrets or commercial (Legal authority: Section 803(a) and (d) Health, 6701 Rockledge Drive, Room 5206, MSC 7846, Bethesda, MD 20892, 301–435– property such as patentable material, and 803C of the Native American and personal information concerning Programs Act of 1974, as amended, 42 1254, [email protected]. This notice is being published less than 15 individuals associated with the grant U.S.C. 2991b and 2991b–3.) days prior to the meeting due to the timing applications, the disclosure of which The FY 2008 PA Will replace the limitations imposed by the review and would constitute a clearly unwarranted fatherhood PAI with the following: • funding cycle. invasion of personal privacy. Projects that address the needs of Name of Committee: Center for Scientific Name of Committee: National Advisory grandparents raising grandchildren. Review Special Emphasis Panel Kidney Council on Drug Abuse. (D) ANA Mitigation: The FY 2008 PA Monitoring and Therapeutics Small Business removes all definitions related to in- Applications. Date: May 13–14, 2008. kind contributions, including in-kind Date: April 18, 2008. Closed: May 13, 2008, 2 p.m. to 5 p.m. contributions, leveraged resources, Time: 3 p.m. to 5 p.m. Agenda: To review and evaluate grant partnerships, and letters of Agenda: To review and evaluate grant applications. commitment. Furthermore, the required applications. Place: National Institutes of Health, Neuroscience Center, 6001 Executive number of impact indicators is reduced Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 Boulevard, Rockville, MD 20852. to one. These changes are reflective of (Telephone Conference Call). Open: May 14, 2008, 8:30 a.m. to 1 p.m. Public Law 103–335 which does not Contact Person: Krystyna E. Rys-Sikora, Agenda: This portion of the meeting will require matching funds. (Legal PhD, Scientific Review Officer, Center for be open to the public for announcements and authority: Section 803(a) and (d) and Scientific Review, National Institutes of reports of administrative, legislative and 803C of the Native American Programs Health, 6701 Rockledge Drive, Room 4016J, program developments in the drug abuse Act of 1974, as amended, 42 U.S.C. MSC 7814, Bethesda, MD 20892, 301–451– field. 2991b and 2991b–3 and Pub. L. 103– 1325, [email protected]. Place: National Institutes of Health, 335.) This notice is being published less than 15 Neuroscience Center, 6001 Executive days prior to the meeting due to the timing Dated: March 21, 2008. Boulevard, Rockville, MD 20852. limitations imposed by the review and Contact Person: Teresa Levitin, PhD, Quanah Crossland Stamps, funding cycle. Director Office of Extramural Affairs, Commissioner, Administration for Native (Catalogue of Federal Domestic Assistance National Institute on Drug Abuse, NIH, Americans. Program Nos. 93.306, Comparative Medicine; DHHS, Room 220, MSC 8401, 6101 Executive [FR Doc. E8–7238 Filed 4–8–08; 8:45 am] 93.333, Clinical Research; 93.306, 93.333, Boulevard, Bethesda, MD 20892–8401, (301) BILLING CODE 4184–01–P 93.337, 93.393–93.396, 93.837–93.844, 443–2755. 93.846–93.878, 93.892, 93.893, National Any member of the public interested in Institutes of Health, HHS) presenting oral comments to the committee DEPARTMENT OF HEALTH AND Dated: April 1, 2008. may notify the Contact Person listed on this HUMAN SERVICES Jennifer Spaeth, notice at least 10 days in advance of the Director, Office of Federal Advisory meeting. Interested individuals and National Institutes of Health Committee Policy. representatives of organizations may submit a letter of intent, a brief description of the [FR Doc. E8–7390 Filed 4–8–08; 8:45 am] Center for Scientific Review; Notice of organization represented, and a short Closed Meetings BILLING CODE 4140–01–M description of the oral presentation. Only one representative of an organization may be Pursuant to section 10(d) of the allowed to present oral comments and if Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND accepted by the committee, presentations amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES may be limited to five minutes. Both printed is hereby given of the following and electronic copies are requested for the meetings. National Institutes of Health record. In addition, any interested person The meetings will be closed to the may file written comments with the public in accordance with the National Institute on Drug Abuse; committee by forwarding their statement to provisions set forth in sections Notice of Meeting the Contact Person listed on this notice. The 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the statement should include the name, address, as amended. The grant applications and Federal Advisory Committee Act, as telephone number and when applicable, the business or professional affiliation of the the discussions could disclose amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial interested person. is hereby given of a meeting of the Information is also available on the property such as patentable material, National Advisory Council on Drug Institute’s/Center’s home page: and personal information concerning Abuse. www.drugabuse.gov/NACDA/ individuals associated with the grant The meeting will be open to the NACDAHome.html, where an agenda and applications, the disclosure of which public as indicated below, with any additional information for the meeting would constitute a clearly unwarranted attendance limited to space available. will be posted when available. invasion of personal privacy. Individuals who plan to attend and (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific need special assistance, such as sign Program Nos. 93.279, Drug Abuse and Review Special Emphasis Panel Member language interpretation or other Addiction Research Programs, National Conflict: Cell Death and Neurodegeneration. reasonable accommodations, should Institutes of Health, HHS)

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Dated: April 1, 2008. DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Jennifer Spaeth, HUMAN SERVICES is hereby given of a meeting of the Director, Office of Federal Advisory National Advisory Council for Committee Policy. National Institutes of Health Biomedical Imaging and Bioengineering. [FR Doc. E8–7250 Filed 4–8–08; 8:45 am] National Institute of General Medical The meeting will be open to the BILLING CODE 4140–01–M Sciences; Notice of Closed Meeting public as indicated below, with attendance limited to space available. Pursuant to section 10(d) of the Individuals who plan to attend and DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as need special assistance, such as sign HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice language interpretation or other is hereby given of the following reasonable accommodations, should National Institutes of Health meeting. notify the Contact Person listed below The meeting will be closed to the in advance of the meeting. National Institute on Drug Abuse; public in accordance with the The meeting will be closed to the Notice of Closed Meeting 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 Pursuant to section 10(d) of the as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose Federal Advisory Committee Act, as as amended. The grant applications confidential trade secrets or commercial amended (5 U.S.C. Appendix 2), notice and/or contract proposals and the property such as patentable material, is hereby given of the following discussions could disclose confidential and personal information concerning meeting. trade secrets or commercial property individuals associated with the grant The meeting will be closed to the such as patentable material, and applications, the disclosure of which personal information concerning public in accordance with the would constitute a clearly unwarranted individuals associated with the grant provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications and/or contract proposals, as amended. The contract proposals and Name of Committee: National Institute of the disclosure of which would General Medical Sciences Special Emphasis constitute a clearly unwarranted the discussions could disclose Panel Anesthetic-Induced Cardiac Pre- confidential trade secrets or commercial conditioning. invasion of personal privacy. property such as patentable material, Date: April 24, 2008. Name of Committee: National Advisory and personal information concerning Time: 1 p.m. to 5 p.m. Council for Biomedical Imaging, and individuals associated with the contract Agenda: To review and evaluate grant Bioengineering NACBIB May. proposals, the disclosure of which applications. Date: May 16, 2008. Place: National Institutes of Health, Open: 9 a.m. to 1 p.m. would constitute a clearly unwarranted Natcher Building, 45 Center Drive, Bethesda, invasion of personal privacy. MD 20892, (Telephone Conference Call). Agenda: Report from the Institute Director, other, Institute staff and presentations of Name of Committee: National Institute on Contact Person: Margaret Weidman, PhD, Scientific Review Administrator, Office of working group reports. Drug Abuse Special Emphasis Panel Scientific Review, National Institute of Place: Bethesda Marriott Suites, 6711 Development of Practical Training Materials General Medical Sciences, National Institutes Democracy Boulevard, Bethesda, MD 20817. for Evidence-Based Treatment (SBIR Topic of Health, 45 Center Drive, Room 3ANI8B, Closed: 1 p.m. to 5 p.m. 089). Bethesda, MD 20892, 301–594–3663. Agenda: To review and evaluate grant Date: April 23, 2008. (Catalogue of Federal Domestic Assistance applications and/or proposals. Time: 2 p.m. to 5 p.m. Program Nos. 93.375, Minority Biomedical Place: Bethesda Marriott Suites, 6711 Agenda: To review and evaluate contract Research Support; 93.821, Cell Biology and Democracy Boulevard, Bethesda, MD 20817. proposals. Biophysics Research; 93.859, Pharmacology, Contact Person: Anthony Demsey, PhD, Physiology, and Biological Chemistry Place: National Institutes of Health, 6101 Director National Institute of Biomedical Research; 93.862, Genetics and Executive Boulevard Rockville, MD 20852, Imaging, and Bioengineering, 6701 (Telephone Conference Call). Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Democracy Blvd., Room 241, Bethesda, MD Contact Person: Kristen V Huntley, PhD, 20892. Scientific Review Administrator, Office of Special Minority Initiatives, National Institutes of Health, HHS) Any interested person may file written Extramural Affairs, National Institute on comments with the committee by forwarding Dated: April 1, 2008. Drug Abuse, NIH, DHHS, Room 220, MSC the statement to the Contact Person listed on Jennifer Spaeth, 8401, 6101 Executive Boulevard Bethesda, this notice. The statement should include the MD 20892–8401, 301–435–1433, Director, Office of Federal Advisory name, address, telephone number and when Committee Policy. [email protected]. applicable, the business or professional (Catalogue of Federal Domestic Assistance [FR Doc. E8–7253 Filed 4–8–08; 8:45 am] affiliation of the interested person. Program Nos. 93.279, Drug Abuse and BILLING CODE 4140–01–M Information is also available on the Addiction Research Programs, National Institute’s/Centers home page: http:// Institutes of Health, HHS). www.nibibl.nih.gov/about/NACBIB/ Dated: April 1, 2008. DEPARTMENT OF HEALTH AND NACBIB.htm, where an agenda and any HUMAN SERVICES Jennifer Spaeth, additional information for the meeting will be posted when available. Director, Office of Federal Advisory National Institutes of Health Committee Policy. Dated: April 1, 2008. [FR Doc. E8–7251 Filed 4–8–08; 8:45 am] National Institute of Biomedical Jennifer Spaeth, Imaging and Bioengineering; Notice of BILLING CODE 4140–01–M Director, Office of Federal Advisory Meeting Committee Policy. Pursuant to section 10(d) of the [FR Doc. E8–7254 Filed 4–8–08; 8:45 am] Federal Advisory Committee Act, as BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND The meetings will be closed to the SUMMARY: The Department of Health and HUMAN SERVICES public in accordance with the Human Services (HHS) notifies Federal provisions set forth in sections agencies of the laboratories currently National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., certified to meet the standards of as amended. The grant applications and Subpart C of the Mandatory Guidelines National Institute of Allergy and the discussions could disclose for Federal Workplace Drug Testing Infectious Diseases; Notice of Closed confidential trade secrets or commercial Programs (Mandatory Guidelines). The Meeting property such as patentable material, Mandatory Guidelines were first Pursuant to section 10(d) of the and personal information concerning published in the Federal Register on Federal Advisory Committee Act, as individuals associated with the grant April 11, 1988 (53 FR 11970), and amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which subsequently revised in the Federal is hereby given of the following would constitute a clearly unwarranted Register on June 9, 1994 (59 FR 29908), meeting. invasion of personal privacy. on September 30, 1997 (62 FR 51118), The meeting will be closed to the Name of Committee: National Institute on and on April 13, 2004 (69 FR 19644). public in accordance with the Drug Abuse Special Emphasis Panel, A notice listing all currently certified provisions set forth in sections Extinction and Pharmacotherapeutics. laboratories is published in the Federal 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: May 19, 2008. Register during the first week of each as amended. The grant applications and Time: 8:30 a.m. to 6:30 p.m. month. If any laboratory’s certification Agenda: To review and evaluate grant the discussions could disclose is suspended or revoked, the laboratory applications. will be omitted from subsequent lists confidential trade secrets or commercial Place: The Fairmont Washington, DC, 2401 property such as patentable material, M Street, NW., Washington, DC 20037. until such time as it is restored to full and personal information concerning Contact Person: Rita Liu, PhD, Associate certification under the Mandatory individuals associated with the grant Director, Office of Extramural Affairs, Guidelines. applications, the disclosure of which National Institute on Drug Abuse, NIH, If any laboratory has withdrawn from would constitute a clearly unwarranted DHHS, Room 212, MSC 8401, 6101 Executive the HHS National Laboratory invasion of personal privacy. Boulevard, Bethesda, MD 20892–8401, Certification Program (NLCP) during the 301.435.1388, [email protected]. Name of Committee: National Institute of past month, it will be listed at the end, Name of Committee: National Institute on Allergy and Infectious Diseases, Special and will be omitted from the monthly Drug Abuse Initial Review Group, Health Emphasis Panel Review LRP Meeting listing thereafter. Services Research Subcommittee. Applications, Meeting 1. Date: June 4–5, 2008. This notice is also available on the Date: May 1–2, 2008. Time: 8 a.m. to 6:30 p.m. Internet at http:// Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant www.workplace.samhsa.gov and http:// Agenda: To review and evaluate grant applications. www.drugfreeworkplace.gov. applications. Place: Jury’s Washington Hotel, 1500 New Place: National Institutes of Health, 6700B FOR FURTHER INFORMATION CONTACT: Hampshire Ave., Washington, DC 20036. Mrs. Rockledge Drive, Bethesda, MD 20817. Contact Person: Meenaxi Hiremath, PhD, Giselle Hersh, Division of Workplace (Virtual Meeting) Health Scientist Administrator, Office of Programs, SAMHSA/CSAP, Room 2– Contact Person: Quirijn Vos, PhD, Extramural Affairs, National Institute on 1042, One Choke Cherry Road, Scientific Review Officer, Scientific Review Drug Abuse, National Institutes of Health, Rockville, Maryland 20857; 240–276– Program, Division of Extramural Activities, DHHS, 6101 Executive Blvd., Suite 220, MSC National Institutes of Health/NIAID, 6700B 2600 (voice), 240–276–2610 (fax). 8401, Bethesda, MD 20892, 301–402–7964, Rockledge Drive, MSC 7616, Bethesda, MD SUPPLEMENTARY INFORMATION: [email protected]. The 20892–7616, 301–496–2550, Mandatory Guidelines were developed [email protected]. (Catalogue of Federal Domestic Assistance Program Nos. 93.279, Drug Abuse and in accordance with Executive Order (Catalogue of Federal Domestic Assistance Addiction Research Programs, National 12564 and section 503 of Pub. L. 100– Program Nos. 93.855, Allergy, Immunology, Institutes of Health, HHS) 71. Subpart C of the Mandatory and Transplantation Research; 93.856, Guidelines, ‘‘Certification of Dated: April 1, 2008. Microbiology and Infectious Diseases Laboratories Engaged in Urine Drug Research, National Institutes of Health, HHS) Jennifer Spaeth, Testing for Federal Agencies,’’ sets strict Dated: April 1, 2008. Director, Office of Federal Advisory standards that laboratories must meet in Jennifer Spaeth, Committee Policy. order to conduct drug and specimen Director, Office of Federal Advisory [FR Doc. E8–7257 Filed 4–8–08; 8:45 am] validity tests on urine specimens for Committee Policy. BILLING CODE 4140–01–M Federal agencies. To become certified, [FR Doc. E8–7256 Filed 4–8–08; 8:45 am] an applicant laboratory must undergo BILLING CODE 4140–01–M three rounds of performance testing plus DEPARTMENT OF HEALTH AND an on-site inspection. To maintain that HUMAN SERVICES certification, a laboratory must DEPARTMENT OF HEALTH AND Substance Abuse and Mental Health participate in a quarterly performance HUMAN SERVICES Services Administration testing program plus undergo periodic, on-site inspections. National Institutes of Health Current List of Laboratories Which Laboratories which claim to be in the National Institute on Drug Abuse; Meet Minimum Standards To Engage in applicant stage of certification are not to Notice of Closed Meetings Urine Drug Testing for Federal be considered as meeting the minimum Agencies requirements described in the HHS Pursuant to section 10(d) of the Mandatory Guidelines. A laboratory Federal Advisory Committee Act, as AGENCY: Substance Abuse and Mental must have its letter of certification from amended (5 U.S.C. Appendix 2), notice Health Services Administration, HHS. HHS/SAMHSA (formerly: HHS/NIDA) is hereby given of the following which attests that it has met minimum ACTION: Notice. meetings. standards.

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In accordance with Subpart C of the Laboratory Corporation of America Hospital Airport Toxicology Mandatory Guidelines dated April 13, Holdings, 1904 Alexander Drive, Laboratory). 2004 (69 FR 19644), the following Research Triangle Park, NC 27709, 919– Pathology Associates Medical laboratories meet the minimum 572–6900/800–833–3984, (Formerly: Laboratories, 110 West Cliff Dr., standards to conduct drug and specimen LabCorp Occupational Testing Services, Spokane, WA 99204, 509–755–8991/ validity tests on urine specimens: Inc., CompuChem Laboratories, Inc.; 800–541–7891x7. ACL Laboratories, 8901 W. Lincoln CompuChem Laboratories, Inc., A Phamatech, Inc., 10151 Barnes Ave., West Allis, WI 53227, 414–328– Subsidiary of Roche Biomedical Canyon Road, San Diego, CA 92121, 7840 / 800–877–7016 (Formerly: Laboratory; Roche CompuChem 858–643–5555. Bayshore Clinical Laboratory). Laboratories, Inc., A Member of the Quest Diagnostics Incorporated, 3175 ACM Medical Laboratory, Inc., 160 Roche Group). Presidential Dr., Atlanta, GA 30340, Elmgrove Park, Rochester, NY 14624, Laboratory Corporation of America 770–452–1590/800–729–6432, 585–429–2264. Holdings, 13112 Evening Creek Drive, (Formerly: SmithKline Beecham Advanced Toxicology Network, 3560 Suite 100, San Diego, CA 92128, 858– Clinical Laboratories; SmithKline Bio- Air Center Cove, Suite 101, Memphis, 668–3710/800–882–7272 (Formerly: Science Laboratories). TN 38118, 901–794–5770 / 888–290– Poisonlab, Inc.). Quest Diagnostics Incorporated, 400 1150. Laboratory Corporation of America Egypt Road, Norristown, PA 19403, Aegis Sciences Corporation, 345 Hill Holdings, 550 17th Ave., Suite 300, 610–631–4600/877–642–2216, Ave., Nashville, TN 37210, 615–255– Seattle, WA 98122, 206–923–7020/800– (Formerly: SmithKline Beecham 2400 (Formerly: Aegis Analytical 898–0180, (Formerly: DrugProof, Clinical Laboratories; SmithKline Bio- Laboratories, Inc.). Division of Dynacare/Laboratory of Science Laboratories). Baptist Medical Center-Toxicology Pathology, LLC; Laboratory of Pathology Quest Diagnostics Incorporated, 7600 Laboratory, 9601 I–630, Exit 7, Little of Seattle, Inc.; DrugProof, Division of Tyrone Ave., Van Nuys, CA 91405, 866– Rock, AR 72205–7299, 501–202–2783, Laboratory of Pathology of Seattle, Inc.). 370–6699/818–989–2521, (Formerly: (Formerly: Forensic Toxicology Laboratory Corporation of America SmithKline Beecham Clinical Laboratory Baptist Medical Center). Holdings, 1120 Main Street, Southaven, Laboratories). Clinical Reference Lab, 8433 Quivira MS 38671, 866–827–8042/800–233– S.E.D. Medical Laboratories, 5601 Road, Lenexa, KS 66215–2802, 800– 6339, (Formerly: LabCorp Occupational Office Blvd., Albuquerque, NM 87109, 445–6917. Testing Services, Inc.; MedExpress/ 505–727–6300/800–999–5227. Diagnostic Services, Inc., dba DSI, National Laboratory Center). South Bend Medical Foundation, Inc., 12700 Westlinks Drive, Fort Myers, FL LabOne, Inc. d/b/a Quest Diagnostics, 530 N. Lafayette Blvd., South Bend, IN 33913, 239–561–8200 / 800–735–5416. 10101 Renner Blvd., Lenexa, KS 66219, 46601, 574–234–4176 x276. Doctors Laboratory, Inc., 2906 Julia 913–888–3927/800–873–8845, Southwest Laboratories, 4645 E. Drive, Valdosta, GA 31602, 229–671– (Formerly: Quest Diagnostics Cotton Center Boulevard, Suite 177, 2281. Incorporated; LabOne, Inc.; Center for Phoenix, AZ 85040, 602–438–8507/800– DrugScan, Inc., P.O. Box 2969, 1119 Laboratory Services, a Division of 279–0027. Mearns Road, Warminster, PA 18974, LabOne, Inc.). Sparrow Health System, Toxicology 215–674–9310. MAXXAM Analytics Inc.,* 6740 Testing Center, St. Lawrence Campus, DynaLIFE Dx*, 10150–102 St., Suite 1210 W. Saginaw, Lansing, MI 48915, 200, Edmonton, Alberta, Canada T5J Campobello Road, Mississauga, ON, Canada L5N 2L8, 905–817–5700, 517–364–7400, (Formerly: St. Lawrence 5E2, 780–451–3702 / 800–661–9876 Hospital & Healthcare System). (Formerly: Dynacare Kasper Medical (Formerly: NOVAMANN (Ontario), Inc.). St. Anthony Hospital Toxicology Laboratories). Laboratory, 1000 N. Lee St., Oklahoma ElSohly Laboratories, Inc., 5 MedTox Laboratories, Inc., 402 W. County Road D, St. Paul, MN 55112, City, OK 73101, 405–272–7052. Industrial Park Drive, Oxford, MS Toxicology & Drug Monitoring 38655, 662–236–2609. 651–636–7466/800–832–3244. MetroLab-Legacy Laboratory Services, Laboratory, University of Missouri Gamma-Dynacare Medical Hospital & Clinics, 301 Business Loop Laboratories,* A Division of the Gamma- 1225 NE 2nd Ave., Portland, OR 97232. 503–413–5295/800–950–5295. 70 West, Suite 208, Columbia, MO Dynacare Laboratory Partnership, 245 65203, 573–882–1273. Pall Mall Street, London, ONT, Canada Minneapolis Veterans Affairs Medical Center, Forensic Toxicology Laboratory, Toxicology Testing Service, Inc., 5426 N6A 1P4, 519–679–1630. N.W. 79th Ave., Miami, FL 33166, 305– Kroll Laboratory Specialists, Inc., 1 Veterans Drive, Minneapolis, MN 55417, 612–725–2088. 593–2260. 1111 Newton St., Gretna, LA 70053, US Army Forensic Toxicology Drug 504–361–8989/800–433–3823, National Toxicology Laboratories, Inc., 1100 California Ave., Bakersfield, Testing Laboratory, 2490 Wilson St., (Formerly: Laboratory Specialists, Inc.). Fort George G. Meade, MD 20755–5235, Kroll Laboratory Specialists, Inc., 450 CA 93304, 661–322–4250/800–350– 301–677–7085. Southlake Blvd., Richmond, VA 23236, 3515. 804–378–9130 (Formerly: Scientific One Source Toxicology Laboratory, Elaine Parry, Testing Laboratories, Inc.; Kroll Inc., 1213 Genoa-Red Bluff, Pasadena, Acting Director, Office of Program Services, Scientific Testing Laboratories, Inc.). TX 77504, 888–747–3774, (Formerly: SAMHSA. Laboratory Corporation of America University of Texas Medical Branch, [FR Doc. E8–7429 Filed 4–8–08; 8:45 am] Holdings, 7207 N. Gessner Road, Clinical Chemistry Division; UTMB BILLING CODE 4160–20–P Houston, TX 77040, 713–856–8288/ Pathology-Toxicology Laboratory). 800–800–2387. Oregon Medical Laboratories, 123 * The Standards Council of Canada (SCC) voted Laboratory Corporation of America International Way, Springfield, OR to end its Laboratory Accreditation Program for Holdings, 69 First Ave., Raritan, NJ 97477, 541–341–8092. Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were 08869, 908–526–2400/800–437–4986, Pacific Toxicology Laboratories, 9348 accredited to conduct forensic urine drug testing as (Formerly: Roche Biomedical DeSoto Ave., Chatsworth, CA 91311, required by U.S. Department of Transportation Laboratories, Inc.). 800–328–6942 (Formerly: Centinela (DOT) regulations. As of that date, the certification

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DEPARTMENT OF HOMELAND Enforcement Training Center, meeting, contact Reba Fischer as soon as SECURITY Department of Homeland Security, 1131 possible. Chapel Crossing Road, Townhouse 396, Dated: March 27, 2008. Federal Law Enforcement Training Glynco, GA 31524. Center Seymour A. Jones, Instructions: All submissions received Deputy Assistant Director, Office of State and [Docket No. FLETC–2008–0001] must include the words ‘‘Department of Local Law Enforcement Training. Homeland Security’’ and the docket [FR Doc. E8–7407 Filed 4–8–08; 8:45 am] Advisory Committee to the Office of number for this action. Comments BILLING CODE 4810–32–P State and Local Training received will be posted without alteration at http://www.regulations.gov, AGENCY: Federal Law Enforcement including any personal information Training Center (FLETC), DHS. DEPARTMENT OF HOMELAND provided. SECURITY ACTION: Committee Management; Notice Docket: For access to the docket to of Federal Advisory Committee Meeting. read background documents or U.S. Citizenship and Immigration comments received by the Advisory Services SUMMARY: The Office of State and Local Committee to the Office of State and Training Advisory Committee Local Training, go to http:// Extension of a Currently Approved (OSLTAC) will meet on April 17, 2008, www.regulations.gov. Information Collection; Comment on Jekyll Island, GA. The meeting will Request be open to the public. FOR FURTHER INFORMATION CONTACT: DATES: The Office of State and Local Reba Fischer, Designated Federal Agency Information Collection Training Advisory Committee will meet Officer, Federal Law Enforcement Activities: Forms I–600/I–600A, Thursday, April 17, 2008, from 8 a.m. to Training Center, Department of Extension of a Currently Approved 4 p.m. Please note that the meeting may Homeland Security, 1131 Chapel Information Collection; Comment close early if the committee has Crossing Road, Townhouse 396, Glynco, Request. GA 31524; (912) 267–2343; completed its business. ACTION: 60-Day Notice of Information [email protected]. ADDRESSES: The meeting will be held at Collection Under Review: Forms I–600/ the Jekyll Island Club Hotel, 371 SUPPLEMENTARY INFORMATION: Notice of I–600A, Petition to Classify Orphan as Riverview Drive, Jekyll Island, GA. Send this meeting is given under the Federal an Immediate Relative and Application written material, comments, and/or Advisory Committee Act, 5 U.S.C. App. for Advance Processing of Orphan requests to make an oral presentation to (Pub. L. 92–463). The mission of the Petition; OMB Control No. 1615–0028. the contact person listed below by April Advisory Committee to the Office of 14th. Requests to have a copy of your State and Local Training is to advise The Department of Homeland material distributed to each member of and make recommendations on matters Security, U.S. Citizenship and the committee prior to the meeting relating to the selection, development, Immigration Services (USCIS) has should reach the contact person at the content and delivery of training services submitted the following information address below by April 14th. Comments by the OSL/FLETC to its state, local, collection request for review and must be identified by FLETC–2008– campus, and tribal law enforcement clearance in accordance with the 0001 and may be submitted by one of customers. Paperwork Reduction Act of 1995. The the following methods: information collection is published to Draft Agenda • Federal eRulemaking Portal: http:// obtain comments from the public and www.regulations.gov. Follow the The draft agenda for this meeting affected agencies. Comments are instructions for submitting comments. includes briefings to update committee encouraged and will be accepted for • E-mail: [email protected]. members on OSL and FLETC training sixty days until June 9, 2008. Include docket number in the subject initiatives and provide feedback on Written comments and suggestions line of the message. committee recommendations. regarding items contained in this notice, • Fax: (912) 267–3531. (Not a toll-free Committee members will be asked to and especially with regard to the number). provide recommendations on OSL estimated public burden and associated • Mail: Reba Fischer, Designated strategic planning; training needs of response time should be directed to the Federal Officer (DFO), Federal Law state, local, campus, and tribal law Department of Homeland Security enforcement officers; validation of (DHS), USCIS, Chief, Regulatory of those accredited Canadian laboratories will training; and training initiatives. Management Division, Clearance Office, continue under DOT authority. The responsibility 111 Massachusetts Avenue, NW., Suite Procedural for conducting quarterly performance testing plus 3008, Washington, DC 20529. periodic on-site inspections of those LAPSA- accredited laboratories was transferred to the U.S. This meeting is open to the public. Comments may also be submitted to HHS, with the HHS’ NLCP contractor continuing to Please note that the meeting may close DHS via facsimile to 202–272–8352, or have an active role in the performance testing and early if all business is finished. via e-mail at [email protected]. When laboratory inspection processes. Other Canadian submitting comments by e-mail, add the laboratories wishing to be considered for the NLCP Visitors must pre-register attendance may apply directly to the NLCP contractor just as to ensure adequate seating. Please OMB Control Number 1615–0028 in the U.S. laboratories do. provide your name and telephone subject box. Upon finding a Canadian laboratory to be number by close of business on April During this 60-day period USCIS will qualified, HHS will recommend that DOT certify 14, 2008, to Reba Fischer (contact the laboratory (Federal Register, July 16, 1996) as be evaluating whether to revise the meeting the minimum standards of the Mandatory information above). Forms I–600/I600A. Should USCIS Guidelines published in the Federal Register on Information on Services for decide to revise these forms it will April 13, 2004 (69 FR 19644). After receiving DOT Individuals with Disabilities: For advise the public when it publishes the certification, the laboratory will be included in the monthly list of HHS-certified laboratories and information on facilities or services for 30-day notice in the Federal Register in participate in the NLCP certification maintenance individuals with disabilities or to accordance with the Paperwork program. request special assistance at the Reduction Act. The public will then

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have 30 days to comment on any We may also be contacted at: USCIS, Written comments and suggestions revisions to the Form I–600/I–600A. Regulatory Management Division, 111 from the public and affected agencies Written comments and suggestions Massachusetts Avenue, NW., Suite concerning the proposed collection of from the public and affected agencies 3008, Washington, DC 20529, telephone information should address one or more concerning the proposed collection of number 202–272–8377. of the following four points: information should address one or more Dated: April 3, 2008. (1) Evaluate whether the collection of of the following four points: Stephen Tarragon, information is necessary for the proper (1) Evaluate whether the collection of Acting Chief, Regulatory Management performance of the functions of the information is necessary for the proper Division, U.S. Citizenship and Immigration agency, including whether the performance of the functions of the Services. information will have practical utility; agency, including whether the [FR Doc. E8–7404 Filed 4–8–08; 8:45 am] (2) Evaluate the accuracy of the information will have practical utility; BILLING CODE 4410–10–P agency’s estimate of the burden of the (2) Evaluate the accuracy of the collection of information, including the agency’s estimate of the burden of the validity of the methodology and collection of information, including the DEPARTMENT OF HOMELAND assumptions used; validity of the methodology and SECURITY (3) Enhance the quality, utility, and assumptions used; clarity of the information to be (3) Enhance the quality, utility, and U.S. Citizenship and Immigration collected; and clarity of the information to be Services (4) Minimize the burden of the collected; and collection of information on those who Agency Information Collection (4) Minimize the burden of the are to respond, including through the Activities: Form I–698, Extension of a collection of information on those who use of appropriate automated, Currently Approved Information are to respond, including through the electronic, mechanical, or other Collection; Comment Request. use of appropriate automated, technological collection techniques, or electronic, mechanical, or other ACTION: 60-Day Notice of Information other forms of information technology, technological collection techniques, or Collection Under Review: Form I–698, e.g., permitting electronic submission of other forms of information technology, Application To Adjust Status From responses. e.g., permitting electronic submission of Temporary to Permanent Resident; OMB responses. Overview of This Information Control No. 1615–0035. Collection Overview of This Information Collection The Department of Homeland (1) Type of Information Collection: Security, U.S. Citizenship and Extension of an existing information (1) Type of Information Collection: Immigration Services (USCIS) has collection. Extension of an existing information submitted the following information (2) Title of the Form/Collection: collection. collection request for review and Application to Adjust Status from (2) Title of the Form/Collection: clearance in accordance with the Temporary to Permanent Resident Petition to Classify Orphan as an Paperwork Reduction Act of 1995. The (3) Agency form number, if any, and Immediate Relative and Application for information collection is published to Advance Processing of Orphan Petition. the applicable component of the obtain comments from the public and Department of Homeland Security (3) Agency form number, if any, and affected agencies. Comments are sponsoring the collection: Form I–698. the applicable component of the encouraged and will be accepted for U.S. Citizenship and Immigration Department of Homeland Security sixty days until June 9, 2008. Services. sponsoring the collection: Form I–600/I– Written comments and suggestions (4) Affected public who will be asked 600A. U.S. Citizenship and Immigration regarding items contained in this notice, or required to respond, as well as a brief Services. and especially with regard to the abstract: Primary: Individuals and (4) Affected public who will be asked estimated public burden and associated households. The data collected on this or required to respond, as well as a brief response time should be directed to the form is used by the USCIS to determine abstract: Primary: Individuals and Department of Homeland Security eligibility to adjust an applicant’s households. The Form I–600 is used by (DHS), USCIS, Chief, Regulatory residence status. the U.S. Citizenship and Immigration Management Division, Clearance Office, Services (USCIS) to determine whether 111 Massachusetts Avenue, NW., Suite (5) An estimate of the total number of an alien is an eligible orphan. Form I– 3008, Washington, DC 20529. respondents and the amount of time 600A is used to streamline the Comments may also be submitted to estimated for an average respondent to procedure for advance processing of DHS via facsimile to 202–272–8352, or respond: 1,179 responses at 60 minutes orphan petitions. via e-mail at [email protected]. When (1 hour) per response. (5) An estimate of the total number of submitting comments by e-mail add the (6) An estimate of the total public respondents and the amount of time OMB Control Number 1615–0035 in the burden (in hours) associated with the estimated for an average respondent to subject box. collection: 1,179 annual burden hours. respond: 34,000 responses at 30 minutes During this 60-day period USCIS will If you have additional comments, (.5) per response. be evaluating whether to revise the suggestions, or need a copy of the (6) An estimate of the total public Form I–698. Should USCIS decide to information collection instrument, burden (in hours) associated with the revise the Form I–698, it will advise the please visit: http://www.regulations.gov/ collection: 17,000 annual burden hours. public when it publishes the 30-day search/index.jsp. If you have additional comments, notice in the Federal Register in We may also be contacted at: USCIS, suggestions, or need a copy of the accordance with the Paperwork Regulatory Management Division, 111 information collection instrument, Reduction Act. The public will then Massachusetts Avenue, NW., Suite please visit: http://www.regulations.gov/ have 30 days to comment on any 3008, Washington, DC 20529, telephone search/index.jsp. revisions to the Form I–698. number 202–272–8377.

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Dated: April 3, 2008. (3) Enhance the quality, utility, and DEPARTMENT OF HOUSING AND Stephen Tarragon, clarity of the information to be URBAN DEVELOPMENT Acting Chief, Regulatory Management collected; and [Docket No. FR–5191–N–09] Division, U.S. Citizenship and Immigration (4) Minimize the burden of the Services. collection of information on those who Notice of Proposed Information [FR Doc. E8–7405 Filed 4–8–08; 8:45 am] are to respond, including through the Collection: Comment Request; Annual BILLING CODE 4410–10–P use of appropriate automated, Adjustment Factors (AAF) Rent electronic, mechanical, or other Increase Requirement DEPARTMENT OF HOMELAND technological collection techniques, or AGENCY: Office of the Assistant SECURITY other forms of information technology, Secretary for Housing, HUD. e.g., permitting electronic submission of ACTION: Notice. U.S. Citizenship and Immigration responses. Services SUMMARY: The proposed information Overview of This Information Collection collection requirement described below Agency Information Collection (1) Type of Information Collection: will be submitted to the Office of Activities: Form I–134, Revision of a Management and Budget (OMB) for Revision of an existing information Currently Approved Information review, as required by the Paperwork collection. Collection; Comment Request Reduction Act. The Department is (2) Title of the Form/Collection: soliciting public comments on the ACTION: 60-day notice of information Affidavit of Support. subject proposal. collection under review: Form I–134, (3) Agency form number, if any, and DATES: Comments Due Date: June 9, Affidavit of Support; OMB Control No. the applicable component of the 2008. 1615–0014. Department of Homeland Security ADDRESSES: Interested persons are sponsoring the collection: Form I–134 The Department of Homeland invited to submit comments regarding U.S. Citizenship and Immigration Security, U.S. Citizenship and this proposal. Comments should refer to Services. Immigration Services (USCIS) has the proposal by name and/or OMB submitted the following information (4) Affected public who will be asked Control Number and should be sent to: collection request for review and or required to respond, as well as a brief Lillian Deitzer, Departmental Reports clearance in accordance with the abstract: Primary: Individuals and Management Officer, QDAM, Paperwork Reduction Act of 1995. The households. This information collection Department of Housing and Urban information collection is published to is necessary to determine if at the time Development, 451 7th Street, SW., Washington, DC 20410; e-mail obtain comments from the public and of application into the United States, the [email protected] or affected agencies. Comments are applicant is likely to become a public telephone (202) 402–8048. encouraged and will be accepted for charge. sixty days until June 9, 2008. FOR FURTHER INFORMATION CONTACT: Gail (5) An estimate of the total number of Williamson, Director, Office of Housing Written comments and suggestions respondents and the amount of time Assistance & Grant Administration, regarding items contained in this notice, estimated for an average respondent to Department of Housing and Urban and especially with regard to the respond: 44,000 responses at 90 minutes Development, 451 7th Street SW., estimated public burden and associated (1.5 hours ) per response. Washington, DC 20410, telephone (202) response time should be directed to the 708–3000 (this is not a toll free number) Department of Homeland Security (6) An estimate of the total public for copies of the proposed forms and (DHS), USCIS, Chief, Regulatory burden (in hours) associated with the other available information. Management Division, Clearance Office, collection: 66,000 annual burden hours. SUPPLEMENTARY INFORMATION: The 111 Massachusetts Avenue, NW., Suite If you have additional comments, Department is submitting the proposed 3008, Washington, DC 20529. suggestions, or need a copy of the information collection to OMB for Comments may also be submitted to information collection instrument, DHS via facsimile to 202–272–8352, or review, as required by the Paperwork please visit: http://www.regulations.gov/ Reduction Act of 1995 (44 U.S.C. via e-mail at [email protected]. When search/index.jsp. submitting comments by email add the Chapter 35, as amended). OMB Control Number 1615–0014 in the We may also be contacted at: USCIS, This Notice is soliciting comments subject box. Regulatory Management Division, 111 from members of the public and affected Massachusetts Avenue, NW., Suite agencies concerning the proposed Written comments and suggestions collection of information to: (1) Evaluate from the public and affected agencies 3008, Washington, DC 20529, telephone number 202–272–8377. whether the proposed collection is concerning the proposed collection of necessary for the proper performance of information should address one or more Dated: April 3, 2008. the functions of the agency, including of the following four points: Stephen Tarragon, whether the information will have (1) Evaluate whether the collection of Acting Chief, Regulatory Management practical utility; (2) Evaluate the information is necessary for the proper Division, U.S. Citizenship and Immigration accuracy of the agency’s estimate of the performance of the functions of the Services. burden of the proposed collection of agency, including whether the [FR Doc. E8–7406 Filed 4–8–08; 8:45 am] information; (3) Enhance the quality, information will have practical utility; BILLING CODE 4410–10–P utility, and clarity of the information to (2) Evaluate the accuracy of the be collected; and (4) Minimize the agency’s estimate of the burden of the burden of the collection of information collection of information, including the on those who are to respond; including validity of the methodology and the use of appropriate automated assumptions used; collection techniques or other forms of

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information technology, e.g., permitting The proposed system of records will as your name and other contact electronic submission of responses. consist of information used to evaluate information in the body of your This Notice also lists the following and make decisions with respect to comment. OFHEO further requests that information: requests for reasonable accommodation comments submitted in hard copy also Title of Proposal: Annual Adjustment made by OFHEO employees and be accompanied by the electronic Factors (AAF) Rent Increase applicants for employment, to version in Microsoft Word or in Requirement. implement such accommodations and portable document format (PDF) on 3.5″ OMB Control Number, if applicable: for emergency response purposes, such disk or CD–ROM. 2502–0507, an extension of currently as providing evacuation assistance. Posting and Public Availability of approved collection. OFHEO seeks comments on the Comments: All comments received will Description of the need for the proposed new system of records be posted without change to http:// information and proposed use: Owners described in this notice. www.ofheo.gov, including any personal of project-based section 8 contracts that DATES: Written comments must be information provided. Copies of all utilize the AAF as the method of rent received before May 9, 2008. The comments received will be available for adjustment provide this information proposed new system of records will examination by the public on business which is necessary to determine become effective on May 19, 2008, days between the hours of 10 a.m. and whether or not the subject properties’ unless OFHEO receives comments that 3 p.m., at the Office of Federal Housing rents are to be adjusted and, if so, the would result in changes. Enterprise Oversight, Fourth Floor, 1700 amount of the adjustment. ADDRESSES: You may submit your G Street, NW., Washington, DC. To Agency form numbers, if applicable: comments on the proposed new Privacy make an appointment to inspect HUD–92273–S8. Act system of records, identified by comments, please call the Office of Estimation of the total numbers of ‘‘Reasonable Accommodation General Counsel at (202) 414–3775. hours needed to prepare the information Information System,’’ by any of the Introduction: This notice informs the collection including number of following methods: public that OFHEO proposes to respondents, frequency of response, and • U.S. Mail, United Parcel Post, establish and maintain a new system of hours of response: The number of Federal Express, or Other Mail Service: records. This notice satisfies the Privacy burden hours is 918. The number of The mailing address for comments is: Act requirement that an agency publish respondents is 4,287, the number of Alfred M. Pollard, General Counsel, a system of records notice in the Federal responses is 612, the frequency of Attention: Comments/Reasonable Register when there is an addition to response is on occasion, and the burden Accommodation Information System of the agency’s system of records. The hour per response is 1.5. Records, Office of Federal Housing proposed new system of records is: Status of the proposed information Enterprise Oversight, Fourth Floor, 1700 OFHEO–10—Reasonable collection: This is an extension of G Street, NW., Washington, DC 20552. currently approved collection. • Hand Delivery/Courier: The hand Accommodation Information System Authority: The Paperwork Reduction Act delivery address is: Alfred M. Pollard, As required by 5 U.S.C. 552a(r) of the of 1995, 44 U.S.C., Chapter 35, as amended. General Counsel, Attention: Comments/ Privacy Act, and pursuant to paragraph Dated: April 3, 2008. Reasonable Accommodation 4c of Appendix I to OMB Circular No. Information System of Records, Office of A–130, ‘‘Federal Agency Frank L. Davis, Federal Housing Enterprise Oversight, Responsibilities for Maintaining General Deputy Assistant Secretary for Fourth Floor, 1700 G Street, NW., Records about Individuals,’’ (February Housing—Deputy Federal Housing Commissioner. Washington, DC 20552. The package 8, 1996), OFHEO has submitted a report should be logged at the Guard Desk, describing the new system of records [FR Doc. E8–7401 Filed 4–8–08; 8:45 am] First Floor, on business days between covered by this notice to the House BILLING CODE 4210–67–P 9 a.m. and 5 p.m. Committee on Government Reform, the • E-mail: Comments may be Senate Committee on Homeland submitted by e-mail to Alfred M. Security and Governmental Affairs, and DEPARTMENT OF HOUSING AND Pollard, General Counsel at: the Office of Management and Budget. URBAN DEVELOPMENT [email protected]. Please The proposed new system of records include ‘‘Reasonable Accommodation described above is set forth in its Office of Federal Housing Enterprise Information System of Records’’ in the entirety below. Oversight subject line of the message. See Dated: April 2, 2008. SUPPLEMENTARY INFORMATION for Privacy Act of 1974, As Amended; New additional information on submission James B. Lockhart III, System of Records and posting of comments. Director. AGENCY: Office of Federal Housing FOR FURTHER INFORMATION CONTACT: OFHEO–10 Enterprise Oversight, HUD. Mark D. Laponsky, Deputy General SYSTEM NAME: ACTION: Notice of New System of Counsel, telephone (202) 414–3832 (not Records. a toll-free number); Office of Federal Reasonable Accommodation Housing Enterprise Oversight, Fourth Information System. SUMMARY: In accordance with the Floor, 1700 G Street, NW., Washington, Privacy Act of 1974, as amended, 5 DC 20552. The telephone number for SYSTEM LOCATION: U.S.C. 552a (Privacy Act), the Office of the Deaf is (800) 877–8339. The Reasonable Accommodation Federal Housing Enterprise Oversight SUPPLEMENTARY INFORMATION: Information System is located in the (OFHEO) is issuing public notice of its Instructions: OFHEO seeks public Office of Federal Housing Enterprise intent to establish a new Privacy Act comments on the proposed new system. Oversight, 1700 G Street, NW., Fourth system of records. The new system is Comments should include the reference Floor, Washington, DC 20552, and any titled Reasonable Accommodation ‘‘Reasonable Accommodation alternate work site utilized by Information System. Information System of Records’’ as well employees of the Office of Federal

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Housing Enterprise Oversight (OFHEO) response or evacuation assistance to CONTESTING RECORD PROCEDURES: or individuals assisting such employees. covered individuals. The OFHEO regulation for contesting 4. To appropriate persons, records procedures appears at 12 CFR CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: consultants, contractors, entities or part 1702. If additional information or others in the event of a breach of data assistance is required, contact the The Reasonable Accommodation contained in the system, as necessary Privacy Act Appeals Officer, Office of Information System covers current and for the purposes of responding to and Federal Housing Enterprise Oversight, former OFHEO employees and remedying such breach. 1700 G Street, NW., Fourth Floor, applicants for employment who have Washington, DC 20552. requested reasonable accommodations DISCLOSURE TO CONSUMER REPORTING under the Rehabilitation Act of 1973, AGENCIES: RECORD SOURCE CATEGORIES: and employees who have identified the Disclosures may be made from this The information contained in these need for assistance in the event of system pursuant to 5 U.S.C. 552a(b)(12) records is provided directly by the emergencies or evacuation procedures. to consumer reporting agencies as individual who is the subject of the CATEGORIES OF RECORDS IN THE SYSTEM: defined in the Fair Credit Reporting Act record and official OFHEO personnel or authorized representatives. The Reasonable Accommodation (15 U.S.C. 1681a(f)), and in accordance with 31 U.S.C. 3711(e). Information System includes requests EXEMPTIONS CLAIMED FOR THE SYSTEM: for reasonable accommodations or POLICIES AND PRACTICES FOR STORING, None. assistance in the event of emergencies or RETRIEVING, ACCESSING, RETAINING, AND [FR Doc. E8–7414 Filed 4–8–08; 8:45 am] evacuation procedures; medical records; DISPOSING OF RECORDS IN THE SYSTEM: notes or records made or compiled BILLING CODE 4220–01–P during consideration of requests for STORAGE: reasonable accommodations; decisions Records are stored in both electronic on requests for reasonable and paper format. Paper records are DEPARTMENT OF THE INTERIOR accommodations; records made to maintained in file folders. Computer implement or track decisions on files are maintained on magnetic tape, Fish and Wildlife Service requests for reasonable CD, or other machine readable format. Receipt of Application of Endangered accommodations. RETRIEVABILITY: Species Recovery Permits AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Records are retrievable by the name of AGENCY: Fish and Wildlife Service, The Rehabilitation Act of 1973 (29 employee or applicant for employment Interior. U.S.C. 791); 29 CFR Part 1630; or some other personal identifier. Executive Orders 13163 and 13164; and, ACTION: Notice of availability and Equal Employment Opportunity SAFEGUARDS: receipt of applications. Commission Policy Guidance on Access is restricted to OFHEO SUMMARY: We announce our receipt of Executive Order 13164. employees who require the information applications to conduct certain PURPOSES: in performing their official duties. activities pertaining to enhancement of Access to computerized records is Information in this system will be survival of endangered species. limited, through use of access codes and used when considering, deciding and DATES: Written comments on this entry logs, to those whose official duties implementing requests for reasonable request for a permit must be received by require access. Paper records are accommodation made by OFHEO May 9, 2008. maintained in locked cabinets. employees and applicants for ADDRESSES: Written data or comments employment, and for emergency RETENTION AND DISPOSAL: should be submitted to the Assistant response purposes. Regional Director, Fisheries—Ecological Records are maintained and disposed Services, U.S. Fish and Wildlife Service, ROUTINE USES OF RECORDS MAINTAINED IN THE of in accordance with the National P.O. Box 25486, Denver Federal Center, SYSTEM, INCLUDING CATEGORIES OF USERS AND Archives and THE PURPOSES OF SUCH USES: Denver, Colorado 80225–0486; facsimile 303–236–0027. Documents and other In addition to the conditions of SYSTEM MANAGER AND ADDRESS: information submitted with these disclosure under 5 U.S.C. 552a(b) and in EEO Director, Office of Federal applications are available for review, addition to the general routine uses Housing Enterprise Oversight, 1700 G subject to the requirements of the identified in the Prefatory Statement of Street, NW., Washington, DC 20552. Privacy Act [5 U.S.C. 552A] and General Routine Uses, 63 FR 9007 Freedom of Information Act [5 U.S.C. (February 23, 1998), it shall be a routine NOTIFICATION PROCEDURE: 552], by any party who submits a use to disclose information contained in Contact the Privacy Act Officer, Office request for a copy of such documents this system for the purposes and to the of Federal Housing Enterprise within 30 days of the date of publication users identified below: Oversight, 1700 G Street, NW., Fourth of this notice to Kris Olsen, by mail or 1. To medical personnel to meet a Floor, Washington, DC 20552. by telephone at 303–236–4256. All bona fide medical emergency. 2. To OFHEO employees and others, RECORD ACCESS PROCEDURE: comments received from individuals including persons, consultants, The OFHEO regulation for providing become part of the official public contractors, entities, vendors or access to records appears at 12 CFR part record. suppliers, as necessary to make a 1702. If additional information or SUPPLEMENTARY INFORMATION: The decision on a request for assistance is required, contact the following applicants have requested accommodation or to implement the Privacy Act Officer, Office of Federal issuance of enhancement of survival decision. Housing Enterprise Oversight, 1700 G permits to conduct certain activities 3. To first responders and others as Street, NW., Fourth Floor, Washington, with endangered species pursuant to necessary to provide emergency DC 20552. Section 10(a)(1)(A) of the Endangered

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Species Act of 1973, as amended (16 conjunction with recovery activities FOR FURTHER INFORMATION CONTACT: U.S.C. 1531 et seq.). throughout the species’ range for the Charlie Stenvall, Project Leader, phone Applicants: Bureau of Land Management, purpose of enhancing their survival and (360) 484–3482. Kanab Field Office, Kanab, Utah, TE– recovery. SUPPLEMENTARY INFORMATION: 057401; and Colorado Division of Wildlife, Dated: March 4, 2008. Introduction Region 5, Durango, Colorado, TE–067482. James J. Slack, With this notice, we initiate our Deputy Regional Director, Denver, Colorado. The applicants request a renewed process for developing a CCP for permit to take Southwestern willow [FR Doc. E8–7435 Filed 4–8–08; 8:45 am] Willapa Refuge. This notice complies flycatcher (Empidonax traillii extimus) BILLING CODE 4310–55–P with our CCP policy and National in conjunction with recovery activities Environmental Policy Act of 1969, as throughout the species’ range for the amended (NEPA) (42 U.S.C. 4321 et DEPARTMENT OF THE INTERIOR purpose of enhancing their survival and seq.) to advise other Federal and State recovery. Fish and Wildlife Service agencies, Tribes, and the public of our Applicants: Virginia Polytechnic Institute, intention to conduct detailed planning Fisheries and Wildlife, Blacksburg, on this Refuge, and obtain suggestions Virginia, TE–103272; and, Tern and Plover [FWS–R1–NWRS–2008–N0061; 1265–0000– and information on the scope of issues 10137–S3] Conservation Partnership, University of to consider during development of the Nebraska, Lincoln, Nebraska, TE–070027. Willapa National Wildlife Refuge, CCP/EIS. The applicants request a renewed Pacific County, WA permit to take Interior least terns Background (Sternula antillarum) and piping AGENCY: Fish and Wildlife Service, The CCP Process plovers (Charadrius melodus) in Interior. The National Wildlife Refuge System conjunction with recovery activities ACTION: Notice of intent to prepare a Improvement Act of 1997 (16 U.S.C. throughout the species’ range for the comprehensive conservation plan and 668dd–668ee) (Improvement Act), purpose of enhancing their survival and associated environmental impact which amended the National Wildlife recovery. statement; request for comments. Refuge System Administration Act of Applicants: Wyoming Game and Fish 1966, requires us to develop a CCP for Department, Cheyenne, Wyoming, TE– SUMMARY: We, the U.S. Fish and each national wildlife refuge. The 067397; National Park Service, Badlands Wildlife Service (Service), intend to purpose for developing a CCP is to National Park, Interior, South Dakota, TE– prepare a comprehensive conservation provide refuge managers with a 15-year 067734; Cheyenne River Sioux Tribe, plan (CCP) for the Willapa National Prairie Management Program, Eagle Butte, plan for achieving refuge purposes and South Dakota, TE–069539; and, U.S. Forest Wildlife Refuge (Refuge) located in contributing toward the mission of the Service, Buffalo Gap National Grasslands, Pacific County, Washington. An National Wildlife Refuge System; Wall, South Dakota, TE–069553. environmental impact statement (EIS) consistent with sound principles of fish evaluating effects of various CCP and wildlife management, conservation, The applicants request a renewed alternatives will also be prepared. We permit to take black-footed ferrets legal mandates, and our policies. In provide this notice in compliance with addition to outlining broad management (Mustela nigripes) in conjunction with our CCP policy to advise other recovery activities throughout the direction for conserving wildlife and government agencies and the public of their habitats, CCPs identify wildlife- species’ range for the purpose of our intentions, and to obtain suggestions enhancing their survival and recovery. dependent recreational opportunities and information on the scope of issues available to the public, including Applicant: Montana State University, to be considered in the planning and opportunities for hunting, fishing, Western Transportation Institute, environmental review process. We are wildlife observation and photography, Bozeman, Montana, TE–150365. also requesting public comments. See and environmental education and The applicant requests a renewed DATES and ADDRESSES for details. interpretation. We will review and permit to take Topeka shiners (Notropis DATES: To ensure consideration, we update the CCP at least every 15 years topeka) in conjunction with recovery must receive your written comments by in accordance with the Improvement activities throughout the species’ range May 16, 2008. We will announce Act. for the purpose of enhancing their opportunities for public input Each unit of the National Wildlife survival and recovery. throughout the planning process. Refuge System was established for specific purposes. We use these Applicant: National Park Service, Capitol ADDRESSES: Additional information purposes as the basis for developing and Reef National Park, Torrey, Utah, TE– concerning the Willapa Refuge is 064680. prioritizing the management goals, available on the following Internet site: objectives, and potential public uses for The applicant requests a renewed http://www.fws.gov/willapa/ each refuge. The planning process is a permit to take Barneby reed-mustard WillapaNWR. Send your comments or way for us and the public to evaluate (Schoenocrambe barnebyi) in requests for more information by any of management goals and objectives, and conjunction with recovery activities the following methods. determine the best possible approach for throughout the species’ range for the E-mail: FW1PlanningComments@ conserving important wildlife habitat, purpose of enhancing their survival and fws.gov. Please include Willapa Refuge while providing wildlife-dependent recovery. in the subject. recreation opportunities compatible Applicant: University of Nebraska, Fax: Attn: Charlie Stenvall, (360) 484– with a refuge’s establishing purposes Department of Entomology, Lincoln, 3109. and the mission of the National Wildlife Nebraska, TE–121912. U.S. Mail: Charlie Stenvall, Project Refuge System. The applicant requests a renewed Leader, Willapa National Wildlife Our CCP process provides permit to take Salt Creek tiger beetle Refuge Complex, 3888 SR 101, Ilwaco, participation opportunities for Tribal, (Cicindela nevadica lincolniana) in WA 98624–9707. State, and local governments; agencies;

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organizations; and the public. At this Which units if any should remain under DEPARTMENT OF THE INTERIOR time we encourage input in the form of current management practices? Fish and Wildlife Service issues, concerns, ideas, and suggestions Land Acquisition. Should expansion for the future management of the of the Refuge’s boundary be considered, [FWS–R9–FHC–2008–N0053; 94410–1342– Refuge. and if so, why, and which properties 0000–N3–N5] We will prepare the EIS for this should be proposed for Refuge project in accordance with the expansion? Aquatic Nuisance Species Task Force requirements NEPA; NEPA regulations Meeting (40 CFR parts 1500–1508); other Recovery of the federally threatened AGENCY: Fish and Wildlife Service, appropriate Federal laws and Western Snowy Plover. What Interior. regulations; and our policies and management actions should be ACTION: procedures for compliance with those implemented to better protect the Notice of meeting. laws and regulations. Western Snowy Plover from disturbance and predation, while measures to SUMMARY: This notice announces a During the CCP planning process, protect and restore habitat are meeting of the Aquatic Nuisance many elements will be considered occurring? Species (ANS) Task Force. The meeting including: wildlife and habitat is open to the public. The meeting management and public use Elk Management. What management topics are identified in the opportunities. Public input into the actions should be implemented to SUPPLEMENTARY INFORMATION section. alleviate threats to rare plants and planning process is essential. The CCP DATES: The ANS Task Force will meet animals, from elk, on the Leadbetter for Willapa Refuge will describe desired from 8 a.m. to 5 p.m. on Tuesday, April Unit? conditions for the Refuge and how the 29, and Wednesday, April 30, and from Service will implement management Forest Management. What forest 8 a.m. to 12 p.m. on Thursday, May 1, strategies over the next 15 years. Until management practices should be 2008. the CCP is completed, Refuge implemented to restore forest ADDRESSES: The ANS Task Force management will continue to be guided complexity and biodiversity? meeting will take place at the Sheraton by official Refuge purposes; Federal Wildlife-Dependent Recreational North Charleston Hotel, 4770 Goer legislation regarding management of Uses. Should the current wildlife- Drive, North Charleston, SC 29406; National Wildlife Refuges; and other dependent recreational uses on the (843) 747–1900. You may inspect legal, regulatory, and policy guidance. Refuge be expanded? If so, what minutes of the meeting at the office of Willapa National Wildlife Refuge opportunities are feasible and the Chief, Division of Fish and Wildlife compatible with the Refuge’s purposes Management and Habitat Restoration, The Willapa Refuge was established that would satisfy the needs of the U.S. Fish and Wildlife Service, 4401 as the Willapa Harbor Migratory Bird public? North Fairfax Drive, Arlington, VA Refuge by Executive Order No. 7541 22203, during regular business hours, signed by President Franklin D. As part of the CCP planning process, a full range of alternatives will be Monday through Friday. You may also Roosevelt on January 11, 1937. Under view the minutes on the ANS Task Executive Order No. 7721, signed developed that address the issues and associated management strategies. The Force Web site at: http:// October 8, 1937, the Refuge boundary anstaskforce.gov/meetings.php. was enlarged and the name was changed alternatives’ environmental effects will FOR FURTHER INFORMATION CONTACT: to Willapa National Wildlife Refuge. be evaluated in the environmental Darren Benjamin, Branch of Invasive The Refuge was established to protect impact statement. Comments we receive Species, at (703) 358–2018, or by e-mail migrating and wintering populations of will be taken into consideration in at Darren [email protected]. brant, waterfowl, shorebirds, and other developing goals, key issues and migratory birds. The goals of the Refuge, management strategies, and draft SUPPLEMENTARY INFORMATION: Pursuant revised in 1997, are to: (1) Protect and alternatives. Additional opportunities to section 10(a)(2) of the Federal restore tideland habitat and associated for public participation will occur Advisory Committee Act (5 U.S.C. migratory bird species representative of throughout the CCP process, which is App.), this notice announces meetings the native biological diversity of expected to be completed in early 2010. of the ANS Task Force. The ANS Task Force was established by the Willapa Bay; (2) preserve and protect Public Availability of Comments unique ecosystems associated with Nonindigenous Aquatic Nuisance Willapa Bay; (3) manage for the Before including your address, phone Prevention and Control Act of 1990. Topics the ANS Task Force plans to conservation and recovery of threatened number, e-mail address, or other cover during the meetings include: Gulf and endangered species in their natural personal identifying information in your and South Atlantic Regional Panel ecosystem; and (4) provide comment, you should be aware that presentations, Regional Panel ANS opportunities for wildlife and wildland- your entire comment—including your issues and recommendations, and dependent recreation, education, and personal identifying information—may consideration for approval of state ANS research. be made publicly available at any time. management plans. The agenda and While you can ask us in your comment Preliminary Issues, Concerns, and other related meeting information are on to withhold your personal identifying Opportunities the ANS Task Force Web site at: information from public review, we http://anstaskforce.gov/meetings.php. The FWS has identified the following cannot guarantee that we will be able to preliminary issues, concerns, and do so. Dated: March 7, 2008. opportunities for consideration, Gary Frazer, Date: April 2, 2008. additional issues may be identified Co-Chair, Aquatic Nuisance Species Task during public scoping: Renne R. Lohoefener, Force, Assistant Director—Fisheries & Habitat Tidal Restoration. Is tidal restoration Regional Director, Region 1, Portland, Oregon. Conservation. a desirable action, and if so, which [FR Doc. E8–7452 Filed 4–8–08; 8:45 am] [FR Doc. E8–7442 Filed 4–8–08; 8:45 am] refuge units should be considered? BILLING CODE 4310–55–P BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR Indian tribes in those areas where tribes under the jurisdiction of the court for retain jurisdiction over Indians and that each party; Bureau of Indian Affairs are exclusive of state jurisdiction but (2) The date of the marriage and the where tribal courts have not been place at which it was registered; Proposed Information Collection Under established to exercise that jurisdiction. (3) That jurisdictional requirements the Paperwork Reduction Act, Accordingly, CFR Courts exercise are met an that the marriage is Comment Request jurisdiction under part 11 of Title 25 of irretrievably broken in that either (i) the AGENCY: Bureau of Indian Affairs, the Code for Federal Regulations. parties have lived separate and apart for Interior. Domestic relations are governed by 25 a period of more than 180 days next ACTION: Notice. CFR 11.600, which authorizes the CFR preceding the commencement of the Court to conduct marriages and dissolve proceeding or (ii) there is a serious SUMMARY: The Bureau of Indian Affairs marriages. In order to be married in a marital discord adversely affecting the (BIA) is seeking comments on the CFR Court, a marriage license must be attitude of one or both of the parties renewal of OMB 1076–0094, Law and obtained (25 CFR 11.600, 601). To toward the marriage, and there is no Order on Indian Reservations which comply with this requirement, an reasonable prospect of reconciliation; concerns marriage and dissolution of applicant must respond to the following (4) The names, age, and addresses of marriage in a Court of Indian Offenses. six questions found at 25 CFR 11.600(c): all living children of the marriage and This collection will expire in August (c) A marriage license application whether the wife is pregnant; 2008. shall include the following information; (5) Any arrangement as to support, DATES: Submit comments on or before (1) Name, sex, occupation, address, custody, and visitation of the children June 9, 2008. social security number, and date and and maintenance of a spouse; and ADDRESSES: Send comments to Joseph place of birth for each party to the (6) The relief sought. Little, 1001 Indian School Road, proposed marriage; For the purposes of § 11.606, Albuquerque, NM 87104. You may (2) If either party was previously Dissolution proceedings, information on contact Mr. Little at 505–563–3833. married, his or her name, and the date, occupation and residency is necessary place, and court in which the marriage to establish court jurisdiction. FOR FURTHER INFORMATION CONTACT: You was dissolved or declared invalid or the Information on the status of the parties, may request further information or date and place of death of the former whether they have lived apart 180 days obtain copies of the proposed spouse; or if there is serious marital discord information collection request from Mr. (3) Name and address of the parents warranting dissolution, is necessary for Joseph Little. You may contact Mr. Little or guardian of each party; the court to determine if dissolution is at 505–563–3833. (4) Whether the parties are related to proper. Information on the children of SUPPLEMENTARY INFORMATION: each other and, if so, their relationship; the marriage, their ages and whether the I. Abstract (5) The name and date of birth of any wife is pregnant is necessary for the The Bureau of Indian Affairs, child of which both parties are parents, court to determine the appropriate level Department of the Interior, must collect born before the making of the of support that may be required from the personal information to carry out the application, unless their parental rights non-custodial parent. requirements of Title 25, section and the parent and child relationship Description of the need for the 11.600(c) Marriage, and Title 25, section with respect to the child have been information and proposed use of the 11.606(c) Dissolution of Marriage. terminated; and information: The information is Information is collected by the Clerk of (6) A certificate of the results of any submitted in order to obtain or retain a the Court of Indian Offenses in order for medical examination required by either benefit, namely, the issuance of a the Court to issue a marriage license or applicable tribal ordinances, or the laws marriage license or a decree of dissolve a marriage. The information is of the State in which the Indian country dissolution of marriage from the Court collected on a one-age application under the jurisdiction of the Court of of Indian Offenses. requesting only the basic information Indian Offenses is located. Affected entities: Indian applicants necessary for the Court to properly For the purposes of § 11.600, that are under the jurisdiction of one of dispose of the matter. Marriage, information about the Social the 24 established Courts of Indian Security Number is requested to confirm Offenses. II. Method of Collection identity. Previous marriage information Estimated number of respondents: The information is collected on a one- is requested to avoid multiple Approximately 260 applications for a page application for the marriage license simultaneous marriages, and to ensure marriage license or petition for or for a dissolution of marriage. that any pre-existing legal relationships dissolution of marriage will be filed in are dissolved. Information on the 24 Courts of Indian Offenses III. Information Collected consanguinity is requested to avoid annually. Courts of Indian Offenses (CFR conflict with state or tribal laws against Proposed frequency of responses: On Courts) have been established on certain marriages between parties who are occasion as needed. Indian Reservations under the authority related by blood as defined in such Burden: The average burden of vested in the Secretary of the Interior by laws. Medical examination information submitting a marriage license or petition 5 U.S.C. 301, 25 U.S.C. 2 and 9, and 25 may be requested if required under the for dissolution of marriage is 15 minutes U.S.C. 13 which authorize laws of the state in which the Court of per application. The total annual burden appropriations for ‘‘Indian judges.’’ See Indian Offenses is located. is estimated to be 65 hours. Tillet v. Hodel, 730 F. Supp. 381 (W.D. To comply with the requirement for Estimated cost: There are no costs to Okla. 1990), aff’d 931 F.2d 636 (10th dissolution of marriage, an applicant consider, except estimated costs of Cir. 1991), United States v. Clapox, 13 must respond to the following six $100. per court annually, for the Sawy. 349, 35 F. 575 (D. Ore. 1888). The questions found at 25 CFR 11.606(c): material, supplies, and staff time CFR Courts provide adequate machinery (1) The age, occupation, and length of required by the Court of Indian for the administration of justice for residence within the Indian country Offenses.

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IV. Request for Comments Dated: March 28, 2008. address is Building 85, Room A–614, The Bureau of Indian Affairs requests Carl J. Artman, Denver Federal Center, West 6th Ave. your comments on this collection Assistant Secretary—Indian Affairs. and Kipling Blvd., Denver, Colorado concerning: (a) The necessity of this [FR Doc. E8–7413 Filed 4–8–08; 8:45 am] 80225. Please reference ICR 1010–0119 information collection for the proper BILLING CODE 4310–4J–P in your comments. performance of the functions of the FOR FURTHER INFORMATION CONTACT: agency, including whether the Armand Southall, telephone (303) 231– information will have practical utility; DEPARTMENT OF THE INTERIOR 3221, or e-mail (b) the accuracy of the agency’s estimate [email protected]. You may of the burden (hours and cost) of the Minerals Management Service also contact Armand Southall to obtain collection of information, including the [Docket No. MMS–2008–MRM–0010] copies, at no cost, of (1) The ICR, (2) any validity of the methodology and associated forms, and (3) the regulations assumptions used; (c) ways we could Agency Information Collection that require the subject collection of enhance the quality, utility and clarity Activities: Proposed Collection, information. of the information to be collected; and Comment Request SUPPLEMENTARY INFORMATION: (d) ways we could minimize the burden Title: 30 CFR Part 208, RIK Oil and of the collection of the information on AGENCY: Minerals Management Service (MMS), Interior. Gas. the respondents, such as through the OMB Control Number: 1010–0119. ACTION: use of automated collection techniques Notice of a revision of a Bureau Form Number: Forms MMS– or other forms of information currently approved information 4070, MMS–4071, and MMS–4072. technology. collection (OMB Control Number 1010– Abstract: The Secretary of the U.S. Please note that an agency may not 0119). Department of the Interior is responsible sponsor or request, and an individual SUMMARY: To comply with the for matters relevant to mineral resource need not respond to, a collection of development on Federal and Indian information unless it has a valid OMB Paperwork Reduction Act of 1995 (PRA), we are inviting comments on a lands and the Outer Continental Shelf Control Number. The OMB Control (OCS). The Secretary, under the Mineral Number for this collection is 1076– collection of information that we will submit to the Office of Management and Leasing Act of 1920 (30 U.S.C. 1923), 0094. the Indian Mineral Development Act of Please note that all comments Budget (OMB) for review and approval. The previous title of this information 1982 (25 U.S.C. 2103), and the Outer received will be available for public Continental Shelf Lands Act (43 U.S.C. review 2 weeks after comment period collection request (ICR) was ‘‘30 CFR Part 208—Sale of Federal Royalty Oil; 1353), is responsible for managing the closes. Before including your address, production of minerals from Federal phone number, e-mail address or other Sale of Federal Royalty Gas; and Commercial Contracts (Forms MMS– and Indian lands and the OCS, personally identifiable information, be collecting royalties and other mineral advised that your entire comment— 4070, Application for the Purchase of Royalty Oil; MMS–4071, Letter of revenues from lessees who produce including your personally identifiable minerals, and distributing the funds information—may be made public at Credit; and MMS–4072, Royalty-in-Kind Contract Surety Bond).’’ The new title of collected in accordance with applicable any time. While you may request that laws. The MMS performs the mineral we withhold your personally this ICR is ‘‘30 CFR Part 208, RIK Oil and Gas.’’ revenue management functions for the identifiable information, we cannot Secretary. guarantee that we will be able to do so. DATES: Submit written comments on or Public laws pertaining to mineral We do not consider anonymous before June 9, 2008. revenues are on our Web site at http:// comments. All comments from ADDRESSES: You may submit comments www.mrm.mms.gov/Laws_R_D/ representatives of businesses or by the following methods: PublicLawsAMR.htm. These public laws organizations will be made public in • Electronically go to http:// and 30 CFR part 208, as well as specific their entirety. We may withhold www.regulations.gov. In the ‘‘Comment language in the actual lease documents, comments from review for other or Submission’’ column, enter ‘‘MMS– authorize the Secretary to sell royalty oil reasons. 2008–MRM–0010’’ to view supporting and gas accruing to the United States. OMB Control Number: 1076–0094. and related materials for this ICR. Click The standard lease terms state that Type of review: Renewal. on ‘‘Send a comment or submission’’ Title: Title 25 CFR 11, Subpart F, Law royalties are due in amount or in value. link to submit public comments. In addition, these citations authorize the & Order on Indian Reservations. Information on using Regulations.gov, Brief Description of collection: This Secretary to prescribe proper rules and including instructions for accessing collection is required to obtain a benefit, regulations and to do any and all things documents, submitting comments, and namely either a marriage license or a necessary to accomplish the purpose of viewing the docket after the close of the dissolution of marriage. Details of applicable laws. The MMS directs comment period, is available through information are contained in Section III communications between MMS the site’s ‘‘User Tips’’ link. All Information Collected. operators and RIK purchasers through Respondents: Persons who reside on comments submitted will be posted to commercial contracts, situation-specific the docket. ‘‘Dear Operator’’ letters, or, in the case land under the jurisdiction of a Court of • Indian Offenses. Mail comments to Armand of eligible refiners, through regulations Number of Respondents: 260. Southall, Regulatory Specialist, at 30 CFR part 208. Minerals Management Service, Minerals Estimated Time per Response: 15 General Information minutes. Revenue Management, P.O. Box 25165, Frequency of Response: On occasion. MS 302B2, Denver, Colorado 80225. The MMS is responsible for ensuring Total Annual Burden to Respondents: Please reference ICR 1010–0119 in your that all revenues from Federal and 65 hours. comments. Indian mineral leases are accurately Total Annual Cost to Respondents: • Hand-carry comments or use an collected and accounted for and Negligible. overnight courier service. Our courier appropriately disbursed to recipients.

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Historically, most of these revenues on behalf of the Secretary, performs a requests specific information, i.e., the have been received in the form of cash Determination of Need prior to issuing location of their refinery; number of royalty payments, i.e., royalty in-value a Notice of Availability of Royalty Oil persons employed by the refinery; type payments. These payments are paid by for sale. The MMS uses the feedback of crude desired (e.g., Light Louisiana mineral development interests. from the Determination of Need Sweet); the specific area in which the Beginning in the late nineties, MMS respondents (eligible refiners or other applicant is interested and conducted pilots to test the approach of interested parties, i.e., lessees, documentation supporting an taking RIK. operators) to assess current marketplace established history in the requested The Federal Government’s MMS RIK conditions. If MMS determines the area; and the percentage of total refining pilot program became a permanent program should continue, MMS may capacity attributable to Federal oil operational program after several years dispose of any royalty oil taken in kind versus other sources. of pilot project testing. The MMS RIK by conducting a sale of such oil, through The Federal Government’s operational program takes payment from an allocation process, to eligible administration of the eligible refiner mineral lessees ‘‘in kind’’ in the form of refiners. The most recent Determination program is aided significantly by the produced crude oil and natural gas of Need assessment, requesting specific collection of information requested on volumes, rather than in cash payments. information from interested parties, was Form MMS–4070. The MMS uses the The lessee transfers the title of the crude published in the Federal Register on information collected to determine the oil or natural gas to the Federal January 16, 2008. eligibility of refiners wanting to enter Government, and MMS sells the In order to qualify for RIK sales, into contracts to purchase royalty oil received product (crude oil or natural eligible refiners must prequalify by (1) and to provide a basis for the allocation gas) to agents in the marketplace and signing the MMS base contract, ‘‘RIK of available royalty oil among eligible disburses revenues as prescribed by law. Crude Oil General Terms and refiners, when necessary; that is, they The MMS sells some product Conditions,’’ which is located at http:// meet the small refiner eligibility competitively in the unrestricted www.mrm.mms.gov/rikweb/PDFDocs/ requirements issued by the Small marketplace, and the other RIK product gtcexh.pdf, and (2) providing detailed Business Administration, as explained MMS sells competitively to eligible financial information. Upon under § 208.6. refiners (a small and independent prequalification, MMS will issue an Directed Communications by Operators refiner, as defined in 30 CFR 208.2). amount of unsecured credit, based on of Federal Oil and Gas Leases Additionally, when directed, MMS the creditability of the offeror. delivers the RIK product to other Collection of RIK crude oil and Notice of Availability of Royalty Oil— Federal agencies, as has been the case natural gas for eligible refiners and other Federal Register Notice during the fill of the Strategic Petroleum RIK purchasers requires communication Reserve (SPR), directed by the President Under § 208.5, if MMS finds from the between MMS and the operators of a in 2007, with scheduled completion Determination of Need process that the lease to ensure accurate and timely upon reaching a capacity of 727 million program should continue, MMS would delivery of MMS’s royalty share of barrels. Specifically, within the MMS then publish a Notice of Availability of production volumes. In order to take RIK operational program, MMS Royalty Oil for sale in the Federal MMS’s crude oil or natural gas in kind, conducts the eligible small refiner, SPR, Register and other printed media, when MMS, as the responsible steward of oil offshore, and Wyoming natural gas appropriate. This notice advises and gas royalties, must direct operators programs. industry of a forthcoming RIK crude oil of affected MMS leases to provide three Recently, MMS consolidated and sale for eligible refiners and includes types of communication: revised existing procedures and policies administrative details concerning the (1) Report information about the guiding the sale of onshore and offshore application, the allocation process, and projected volumes and qualities of RIK royalty crude oil and natural gas (1) To the contract award process for the crude oil or natural gas production the establish uniformity within the royalty oil. It also details specific operator expects to make available for regulatory and operational framework; information about the crude oil types delivery in the following month, and (2) to provide industry with a more offered for sale and the location of report corrections to those projected efficient and responsive MMS RIK delivery points. volumes and qualities for previous operational program; and (3) to improve Under § 208.10(e), eligible refiners months, submitted monthly no later the Federal Government’s who purchase royalty oil cannot than 10 days before the first day of administration of this program. For transfer, assign, or sell their rights or following month; example, several of the reporting interest in a royalty oil contract without (2) Report cost/invoicing information requirements for eligible refiners under written approval of the MMS Director. about transportation charges incurred 30 CFR part 208 have been combined This provision is intended to ensure for delivering the RIK product to the with reporting requirements for other that only qualified eligible refiners delivery point, when applicable; and RIK purchasers. However, due to the benefit from these sales of royalty oil. (3) Report month-end summary unique nature of the sale of crude oil to information (lease imbalance statement) Form MMS–4070—Application for the eligible refiners, certain requirements regarding total RIK crude oil or natural Purchase of Royalty Oil pertain only to that eligible refiner gas volumes and qualities needed to program. Under § 208.6, eligible refiners carry over to the next month to resolve interested in purchasing royalty oil aggregated imbalances that have Eligible Refiner Information— must submit Form MMS–4070, which is occurred in prior months of RIK Determination of Need located at http://www.mrm.mms.gov/ deliveries. As stated earlier, royalties may be ReportingServices/PDFDocs/4070.pdf. In marketing the product, information paid ‘‘in value’’ or ‘‘in kind.’’ The This form serves as certification that the received through MMS’s directed regulations at 30 CFR part 208, Sale of company qualifies under the Small communication is essential for MMS to Federal Royalty Oil, govern the RIK Refiner Program as defined under ensure the delivery and acceptance of program of Federal oil for eligible § 208.2. On Form MMS–4070, MMS verifiable quantities and qualities of refiners. Under § 208.4(a) and (b), MMS, crude oil and natural gas. In cases when

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MMS is directed to deliver the product will submit when MMS offers requires a specific MMS-approved to other Federal agencies, these types of production for competitive sale; (2) format. All parent guaranties must directed communication are necessary offerors’ statements of financial specify a dollar amount of the guaranty so that exchange contractors can arrange qualification (audited financial and the effective term. to timely accept accurate amounts and statements or 10K report/statement); For awards exceeding the amount of qualities of royalty oil that will be and (3) surety instruments, such as a unsecured credit issued by MMS, delivered by MMS’s exchange partner Letter of Credit (LOC), bond, successful offerors will be required to and for MMS to verify timely fulfillment prepayment, or parent guaranty when provide secured financial assurance in of operators’ and lessees’ royalty financial qualification is not sufficient. the form of an LOC, bond, or other obligations to the Federal Government. All LOCs are irrevocable. MMS-acceptable surety instrument The types of directed communication The MMS typically offers royalty oil within 5 business days prior to the first and the supporting data, which MMS and gas production for sale by Invitation delivery under the contract. requires operators to use in setting up for Offers (IFOs) to those offerors who In cases of high-risk counterparties, or the monthly delivery of RIK to the have previously established their large awards of RIK crude oil or natural purchaser, are standard business qualifications. The MMS evaluates all gas, MMS will require a surety practices in the oil and gas industry. offers to determine which combination instrument to guarantee performance Sample ‘‘Dear Operator’’ letters are of price and other terms comprises the posted on RIK’s Web site at http:// best return to the U.S. Department of the under RIK sales or exchange agreement. www.mrm.mms.gov/rikweb/ Treasury and to any affected state. Surety instruments are commonly used RIKOperLts.htm. Financial Statements. The MMS may in the commercial oil and gas industry request that a bidder submit its publicly as a standard course of business where Third-Party Agreements available statements of its financial risk is encountered from counterparties. Section 208.9 requires that eligible condition (brought briefly up to date, if The surety instruments provide the refiners who purchase royalty oil must needed) or other related qualification Federal Government with a means to submit to MMS two copies of any information. The MMS evaluates the collect money if refiners do not report written third-party agreements, or two qualification information to determine and pay for the Federal oil they have copies of a complete written whether bidders are reliable to follow received. explanation of any oral third-party through on payment of the dollar The MMS will request OMB’s agreements, relating to the method and amount (or delivery of exchange approval to continue to collect this costs of delivery of royalty oil, or crude production) offered, as they bid, and to information. Not collecting this oil exchanged for the royalty oil, from determine their ability to timely perform information would limit the Secretary’s the point of delivery under the contract activities attendant to the taking of ability to discharge his/her duties and to the purchaser’s refinery. Also, this crude oil and/or natural gas. The MMS may also result in loss of royalty section requires that the purchaser must performs this step to reduce the risk to payments. Proprietary information submit copies of agreements pertaining the Federal Government in these submitted to MMS under this collection to quality differentials that may occur transactions. is protected, and there are no questions between the lease(s) and the delivery Surety Instruments. Under MMS of a sensitive nature included in this point(s). However, in practice MMS current practice, eligible refiners are information collection. does not currently require eligible subject to the same requirements as Frequency of Response: On occasion, refiners to submit these written third- other RIK purchasers regarding MMS- weekly, monthly, annually, frequency party and quality differential acceptable surety instruments and varies within monthly reporting cycle, agreements. The MMS reserves the right qualification information. Reporting or as necessary. upon request to require the agreement requirements in § 208.11 discuss surety Estimated Number and Description of from the eligible refiners. instruments for eligible refiners. Surety instruments include the broad field of Respondents: 227 Federal lessees and/or Offers, Financial Statements, and financial instruments that may be operators; and 80 commercial oil and Surety Instruments for Sales of Royalty collected, i.e., bonds, prepayments, and gas purchasers and/or refiners. Oil and Gas parent guaranties. When required, Estimated Annual Reporting and Offers. The Secretary is obligated to eligible refiners and other RIK Recordkeeping ‘‘Hour’’ Burden: 1,969 hold competition when selling to the purchasers must provide surety hours. public; to protect actual RIK production documents, i.e., Form MMS–4071, LOC; We have not included in our before, during, and after any sale; and to Form MMS–4072, Royalty-In-Kind estimates certain requirements obtain a fair return on royalty Contract Surety Bond; other acceptable performed in the normal course of production sold. The MMS must fulfill commercial surety, within 5 business business, which are considered usual those obligations for the Secretary. The days prior to the first delivery under the and customary. The following chart reporting requirements are (1) Actual contract to protect the Federal shows the estimated annual burden pricing offers that potential purchasers Government’s interest. For bonds, MMS hours by CFR section and paragraph:

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Average number of Annual bur- Citation 30 CFR Reporting and recordkeeping requirement Hour burden annual re- den hours sponses

PART 208—SALE OF FEDERAL ROYALTY OIL

Subpart A—General Provisions

§ 208.4 Royalty oil sales to eligible refiners

208.4(a) ...... (a) Determination to take royalty oil in kind. The Secretary may 4 4 16 evaluate crude oil market conditions from time to time. * * * The Secretary will review these items and will determine whether eligible refiners have access to adequate supplies of crude oil and whether such oil is available to eligible refiners at equitable prices. * * *

208.4(b) ...... (b) Sale to eligible refiners. (1) * * * The Secretary may author- Hour burden covered under § 208.4(a). ize MMS to offer royalty oil for sale to eligible refiners only for use in their refineries. * * *

208.4(c) ...... (c) Upon a determination by the Secretary * * * that eligible re- Hour burden covered under § 208.4(a). finers do have access to adequate supplies of crude oil at eq- uitable prices, MMS will not take royalties in kind from oil and gas leases for exclusive sale to such refiners. * * *

208.4(d) ...... (d) Interim sales. * * * The potentially eligible refiners, individ- Hour burden covered under § 208.4(a). ually or collectively, must submit documentation demonstrating that adequate supplies of crude oil at equitable prices are not available for purchase. * * *

§ 208.6 General application procedures

208.6(a) and (b) ...... (a) To apply for the purchase of royalty oil, an applicant must file 1.25 4 5 a Form MMS–4070 with MMS in accordance with instructions provided in the ‘‘Notice of Availability of Royalty Oil’’ and in ac- cordance with any instructions issued by MMS for completion of Form MMS–4070. The applicant will be required to submit a letter of intent from a qualified financial institution stating that it would be granted surety coverage for the royalty oil for which it is applying, or other such proof of surety coverage, as deemed acceptable by MMS. The letter of intent must be sub- mitted with a completed Form MMS–4070. (b) In addition to any other application requirements specified in the Notice, the following information is required on Form MMS–4070 at the time of application: * * *

§ 208.7 Determination of eligibility

208.7(a) ...... (a) The MMS will examine each application and may request ad- 0.25 1 *1 ditional information if the information in the application is inad- equate. * * *

§ 208.8 Transportation and delivery

208.8(a) ...... (a) * * * The purchaser must have physical access to the oil at 1 1 1 the alternate delivery point and such point must be approved by MMS.

208.8(b) ...... (b) * * * If the delivery point is on or immediately adjacent to the Hour burden covered by OMB Control lease, the royalty oil will be delivered without cost to the Fed- Number 1010–0140. eral Government as an undivided portion of production in mar- This provision is no different than the ketable condition at pipeline connections or other facilities pro- transportation allowances allowed in 30 vided by the lessee, unless other arrangements are approved CFR part 206 for royalties paid in by MMS. If the delivery point is not on or immediately adjacent value. The lessee enters allowance to the lease, MMS will reimburse the lessee for the reasonable amount on Form MMS–2014. cost of transportation to such point in an amount not to exceed the transportation allowance determined pursuant to 30 CFR part 206. * * *

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Average number of Annual bur- Citation 30 CFR Reporting and recordkeeping requirement Hour burden annual re- den hours sponses

§ 208.9 Agreements

208.9(a) ...... (a) A purchaser must submit to MMS two copies of any written 1 1 1 third-party agreements, or two copies of a full written expla- nation of any oral third-party agreements, relating to the meth- od and costs of delivery of royalty oil, or crude oil exchanged for the royalty oil, from the point of delivery under the contract to the purchaser’s refinery. In addition, the purchaser must submit copies of agreements pertaining to quality differentials which may occur between leases and delivery points.

§ 208.10 Notices

208.10(d) ...... (d) After MMS notification that royalty oil will be taken in kind, the 2 20 40 operator shall be responsible for notifying each working inter- est on the Federal lease. * * *

208.10(e) ...... (e) A purchaser cannot transfer, assign, or sell its rights or inter- 1 1 1 est in a royalty oil contract without written approval of the Di- rector, MMS. * * * Without express written consent from MMS for a change in ownership, the royalty oil contract shall be ter- minated. * * *

§ 208.11 Surety requirements [for eligible refiners]

208.11 (a), (b), (d), and (e) ...... (a) The eligible purchaser, prior to execution of the contract, Hour burden covered under ‘‘Offers, Fi- shall furnish an ‘‘MMS-specified surety instrument,’’ in an nancial Statements, and Surety Instru- amount equal to the estimated value of royalty oil that could ments for Sales of Royalty Oil and be taken by the purchaser in a 99-day period, plus related ad- Gas’’ section. ministrative charges. * * * (Forms MMS–4071, Letter of Credit, and (b) * * * The purchaser or its surety company may elect not to MMS–4072, Royalty-In-Kind Contract renew the letter of credit at any monthly anniversary date, but Surety Bond) must notify MMS of its intent not to renew at least 30 days prior to the anniversary date. * * * (d) The ‘‘MMS-specified surety instrument’’ shall be in the form specified by MMS instructions or approved by MMS. * * * (e) All surety instruments must be in a form acceptable to MMS and must include such other specific requirements as MMS may require adequately to protect the Government’s interests.

§ 208.15 Audits

208.15 ...... Audits of the accounts and books of lessees, operators, payors, Audit process. See note. and/or purchasers of royalty oil taken in kind may be made an- nually or at other such times as may be directed by MMS. ***

Directed Communications by Operators of Federal Oil and Gas Leases

Contract-Directed ...... Wyoming Gas ...... 3 3 9 Natural Gas [Texas 8G and Gulf of Mexico (GOM)] ...... 3 108 324 GOM Oil ...... 3 64 192 SPR Fill Initiative ...... 3 17 51 In January 2008, 70,000 barrels of oil per day were directed to- ward the SPR. This initiative will continue through the Fall of 2008; at which point, these oil volumes will be redirected back to commercial GOM RIK oil sales. Thus, information collection responses will continue at the same level during and after the SPR initiative, the only difference will be under which program the collection falls.) Eligible Refiners ...... 3 35 105

Offers, Financial Statements, and Surety Instruments for Sales of Royalty Oil and Gas

Contract-Directed ...... Offers ...... 1 903 903 Financial Statements ...... 1 20 20 Surety Instruments ...... 10 30 300

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Total Burden ...... 1,212 1,969 Note: The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve ex- ceptions. * Rounded up from 0.25.

Estimated Annual Reporting and or services purchased: (i) Before October DEPARTMENT OF THE INTERIOR Recordkeeping ‘‘Non-hour’’ Cost 1, 1995; (ii) to comply with Burden: We have identified no ‘‘non- requirements not associated with the National Park Service hour’’ cost burdens. information collection; (iii) for reasons Public Notice: Clarifying the Definition Public Disclosure Statement: The PRA other than to provide information or Of ‘‘Substantial Restoration of Natural (44 U.S.C. 3501 et seq.) provides that an keep records for the Federal agency may not conduct or sponsor, and Quiet’’ at Grand Canyon National Park, Government; or (iv) as part of customary Arizona a person is not required to respond to, and usual business or private practices. a collection of information unless it AGENCY: displays a currently valid OMB control We will summarize written responses National Park Service, number. to this notice and address them in our Department of the Interior. Comments: Before submitting an ICR ICR submission for OMB approval, ACTION: Public Notice: Clarifying the to OMB, PRA Section 3506(c)(2)(A) including appropriate adjustments to definition of ‘‘substantial restoration of requires each agency ‘‘* * * to provide the estimated burden. We will provide natural quiet’’ at Grand Canyon National notice * * * and otherwise consult a copy of the ICR to you without charge Park. with members of the public and affected upon request. The ICR also will be agencies concerning each proposed posted on our Web site at http:// SUMMARY: This notice clarifies the collection of information * * *.’’ www.mrm.mms.gov/Laws_R_D/ definition used by Grand Canyon Agencies must specifically solicit FRNotices/FRInfColl.htm. National Park (GCNP) for achieving comments to: (a) Evaluate whether the substantial restoration of natural quiet proposed collection of information is Public Comment Policy: We will post as mandated by the 1987 Overflights Act necessary for the agency to perform its all comments in response to this notice (Pub. L. 100–91) (Overflights Act). This duties, including whether the on our website at http:// clarification of the definition is _ _ information is useful; (b) evaluate the www.mrm.mms.gov/Laws R D/InfoColl/ necessary to address current acoustic accuracy of the agency’s estimate of the InfoColCom.htm. We will also make conditions to comply with the intent of burden of the proposed collection of copies of the comments available for recommendations provided in the 1995 information; (c) enhance the quality, public review, including names and Report to Congress,1 and respond to a usefulness, and clarity of the addresses of respondents, during regular 2002 U.S. Court of Appeals decision. information to be collected; and (d) business hours at our offices in The provisions of the Special Flight minimize the burden on the Lakewood, Colorado. Before including Aviation Regulation (SFAR) 50–2 have respondents, including the use of your address, phone number, e-mail not resulted in substantial restoration of automated collection techniques or address, or other personal identifying natural quiet of GCNP. Given the other forms of information technology. information in your comment, you volume of high altitude commercial jet The PRA also requires agencies to should be aware that your entire and general aviation traffic overflying estimate the total annual reporting comment—including your personal the Grand Canyon above 17,999 feet ‘‘non-hour cost’’ burden to respondents identifying information—may be made Mean Sea Level (MSL) and a recent or recordkeepers resulting from the publicly available at any time. While court decision, the substantial collection of information. If you have you can ask us in your comment to restoration goal as currently defined costs to generate, maintain, and disclose cannot be attained. This clarification of withhold your personal identifying this information, you should comment the restoration definition, while information from public view, we and provide your total capital and focusing on air tour and air tour related startup cost components or annual cannot guarantee that we will be able to and general aviation aircraft that are operation, maintenance, and purchase do so. conducting overflights of GCNP at of service components. You should MMS Information Collection altitudes at or below 17,999 MSL, also describe the methods you use to Clearance Officer: Arlene Bajusz (202) incorporates measures to address noise estimate major cost factors, including 208 7744. from all aircraft. The 1995 definition of system and technology acquisition, Dated: April 2, 2008. substantial restoration of natural quiet is expected useful life of capital being clarified to distinguish between equipment, discount rate(s), and the Walter D. Cruickshank, aircraft noise generated above and period over which you incur costs. Acting Associate Director for Minerals below 17,999 feet MSL. The Special Capital and startup costs include, Revenue Management. Flight Rules Area (SFRA) ceiling was set among other items, computers and [FR Doc. E8–7448 Filed 4–8–08; 8:45 am] at 17,999 MSL to avoid additional software you purchase to prepare for BILLING CODE 4310–MR–P requirements, restrictions and collecting information; monitoring, sampling, and testing equipment; and 1 National Park Service, (1995) Report of Effects record storage facilities. Generally, your of Aircraft Overflights on the National Park System, estimates should not include equipment Report to Congress, July 1995.

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regulations that occur at or above 18,000 comment on the clarification of the NPS Coalition v. FAA, 154 F.3d 455 (D.C. MSL. definition of substantial restoration. Cir. 1998)). GCNP and the Federal Aviation DATES: This notice will be on public In its 1995 Report to Congress the Administration (FAA) are currently review for 30 days, May 9, 2008. policy decision of the NPS was that engaged in the preparation of an ADDRESSES: If you wish to comment, substantial restoration requires that 50% environmental impact statement (EIS) you may mail or hand deliver comments or more of the park achieve natural entitled ‘‘Special Flight Rules Area in to the name and address below or quiet (i.e. no aircraft audible) for 75– the Vicinity of Grand Canyon National comment online via http:// 100% of the day. The NPS provided Park.’’ GCNP, in consultation with the parkplanning.nps.gov/grca (select definitions of terms used, as well as FAA, has determined in the noise ‘‘Substantial Restoration Clarification’’). rationale for its noise impact assessment methodology section of the EIS that Comments must be received within 30 methods in ‘‘Review of Scientific Basis aviation noise above 17,999 feet MSL days from the date of this printing. You for Change in Noise Impact Assessment will be considered as a cumulative may also view a copy of this Method Used at Grand Canyon National impact for purposes of the EIS, and clarification through the Internet at: Park,’’ 2000.3 In the review, the NPS aircraft noise generated at or below http://www.nps.gov/grca/naturescience/ defined one parameter of substantial 17,999 feet MSL, within the Special soundscape.htm. restoration of natural quiet to be Flights Rules Area (SFRA) will be ‘‘* * * a threshold not to be exceeded FOR FURTHER INFORMATION CONTACT: Ken managed to attain the NPS on any given day * * * .’’ In 2002, the recommendations and meet restoration McMullen, Overflights and Natural Soundscape Program Manager, Grand definition of substantial restoration of management objectives consistent with natural quiet and the FAA’s noise GCNP management direction, 2006 NPS Canyon National Park, 823 N. San Francisco St., Suite B, Flagstaff, Arizona methodology in the 2000 Final Management Policies, and the 1995 Supplemental Environmental Report to Congress. 8600l National Park Service, Grand Canyon NP, Telephone: (928) 779–2095. Assessment was addressed in litigation The NPS proposes the following before the D.C. Circuit Court of Appeals, SUPPLEMENTARY INFORMATION: clarification to the definition of in the case United States Air Tour substantial restoration of natural quiet. Background Association v. FAA, 298 F.3d 997 (D.C. (a) Substantial restoration of natural quiet This notice is one of several steps Cir. 2002). In this case, the Court at GCNP will be achieved when the reduction being taken by the Secretary of the declared that ‘‘ * * * the Park Service is of noise from aircraft operations at or below entitled to deference for its 17,999 feet MSL results in 50% or more of Interior (SOI), through the NPS, and the the park achieving restoration of the natural FAA to fulfill the mandate established interpretation of its own definitions.’’ quiet (i.e., no aircraft audible) for 75% to by Congress in PL 100–91, the The Court concluded ‘‘* * * the FAA’s 100% of the day, each and every day; and Overflights Act, to provide for the use of an ‘‘average annual day’’ for (b) The NPS defines the substantial substantial restoration of natural quiet measuring ‘substantial restoration of restoration of natural quiet from all aircraft in Grand Canyon National Park. Section natural quiet’ appears inconsistent with above 17,999 feet MSL, to mean that there both the Park Service’s definition of the will be an overall reduction in aviation noise 3 of the Overflights Act mandated the SOI to submit to the Administrator of term and with the premise upon which generated above 17,999 feet MSL above the that definition was based. * * * We park over time through the implementation the FAA recommendations ‘‘regarding of measures in accordance with FAA actions necessary for the protection of must therefore remand this issue for commitments. resources in the Grand Canyon from further consideration.’’ In response to the court decision, the term ‘‘the day’’ The NPS also clarifies that 50% of adverse impacts associated with aircraft was clarified by the NPS in the GCNP is a minimum in the restoration overflights.’’ The express statutory goal November 7, 2003 Federal Register goal. This includes not only the impacts for these recommendations is the Notice (68 FR 63129–63130) to mean of aircraft noise on the soundscape but ‘‘substantial restoration of natural quiet ‘‘each and every day.’’ the impact of noise on the visitor and experience of the park and The D.C. Circuit Court of Appeals also experience and natural, cultural and protection of public health and safety found that the FAA’s noise methodology historic resources for the entire park. from adverse affects associated with was flawed because it only accounted The analysis of noise impacts in the aircraft overflight.’’ The Overflights Act for noise from commercial air tours, overflights EIS will be based on the requires the FAA Administrator to while ignoring noise from other types of defined substantial restoration goal, adopt the recommendations of the SOI aircraft (commercial jets, general park values and purposes, and the ‘‘without change unless the aviation, and military flights). The court GCNP General Management Plan land Administrator determines that further stated that the Overflights Act zoning objectives and overall park implementing the recommendations did not provide any basis for ignoring management objectives.2 NPS has would adversely affect aviation safety.’’ noise caused by such aircraft and in the deferred the assessment of aviation Congress did not define natural quiet absence of any reasonable justification safety to FAA’s jurisdiction. Both or substantial restoration of natural for excluding non-tour aircraft from its agencies have agreed to consider the quiet and, instead, delegated the noise model, the court concluded that noise from all aircraft in the ongoing interpretation of the statute to the this aspect of the FAA’s methodology ETS and planning process. Further, both Secretary. Under well established rules was arbitrary and capricious and agencies have agreed to consider of statutory construction, the agency’s required reconsideration by the agency. reducing aircraft noise over the park in interpretation is given deference so long the future from aircraft operating above as it is based on a reasonable Reasons for the Clarification 17,999 feet MSL over the SFRA, while construction of the statute. The D.C. Circuit Court of Appeals found that the Based on the 2002 D.C. Circuit Court removing aircraft operations above of Appeals decision, as well as review 17,999 MSL from direct regulation in NPS had reasonable justification for its interpretations of natural quiet and this action. This notice seeks public 3 National Park Service, (2000) Review of substantial restoration of natural quiet, Scientific Basis For Change in Noise Impact 2 National Park Service (1995) General as set forth in the 1995 Report to Assessment Method Used at Grand Canyon Management Plan for Grand Canyon National Park. Congress. (See Grand Canyon Air Tour National Park. January 2000.

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of Congressional intent, aircraft noise but could meet the threshold of the order to comply with the Overflights levels, and national airspace safety and substantial restoration goal. Higher Act and the 2002 D.C. Circuit Court of efficiency, this clarification of the altitude aircraft generated lower levels Appeals decision. restoration definition is necessary to of noise at ground level, but produced This notice clarifies that through the address the noise of all aircraft while broader areas of audibility. The broader application of law and policy, the NPS distinguishing how the substantial geographic coverage of audibility of is clarifying that ‘‘(a) Substantial restoration of natural quiet will be high altitude aircraft noise made restoration of natural quiet at GCNP is achieved at and below 17,999 feet MSL achieving the NPS percentage goals of achieved when the reduction of noise within the Special Flight Rules Area substantially restoring natural quiet to from aircraft operations at or below (SFRA) and above the SFRA. The NPS the Grand Canyon unattainable from a 17,999 feet MSL results in 50% or more recognizes that due to the impacts of practical standpoint, no matter how few of the park achieving restoration of the aviation noise on park resources and the air tour and general aviation operations natural quiet (i.e., no aircraft audible) visitor experience, even with occurred within the SFAR and over the for 75% to 100% of the day, each and implementation of quiet technology park. GCNP noise monitoring results in every day; and (b) the NPS defines the aircraft, restoration of the natural quiet 2005 supported the model predictions. substantial restoration of natural quiet, as defined in the 1995 Report to The time jet aircraft (above 17,999 feet from all aircraft above 17,999 feet MSL, Congress will not be achieved without MSL) were audible ranged between 22% to mean that there will be an overall reduction of the sounds produced by jet and 35% of the day at four sites in reduction in aviation noise generated traffic above 17,999. remote backcountry locations.4 These above 17,999 feet MSL above the park The 1995 Report to Congress results are similar to those reported by over time through the implementation concluded that SFAR 50–2 had not Harris Miller Miller and Hanson, Inc. in of specific measures in accordance with resulted in substantial restoration of 2004 where the average percentages of commitments made by FAA to the NPS. natural quiet in Grand Canyon National time high altitude jet traffic were The NPS also clarifies that 50% of the Park and continued growth in air traffic audible was 34.4%.5 park is a minimum in the restoration may diminish or negate progress to date. In 2006, the FAA retained MITRE goal. The report looked at air tour, military, Corporation CAASD to conduct a study Dated: January 16, 2008. general aviation and high altitude on the feasibility of implementing a commercial overflights and found that flight free zone over the heart of GCNP Hal J. Grovert, the major aircraft noise impacts on for flights above 17,999 feet MSL, and Acting Regional Director, Intermountain natural quiet came from air tour activity adjusting traffic routes that would avoid Region, National Park Service. and high flying commercial jet traffic. a large and very important portion of the [FR Doc. E8–7410 Filed 4–8–08; 8:45 am] Low flying general aviation and military Grand Canyon. The unpublished study BILLING CODE 4312–ED–M overflights were thought to contribute titled ‘‘Impact from Restricting Flights little to the overall aircraft noise From Grand Canyon Airspace’’ 6 impacts. As discussed in the Report to determined that ‘‘routing of commercial DEPARTMENT OF THE INTERIOR Congress, high altitude jets were known aviation would have a significant National Park Service to be a noise issue that the FAA needed impact on the users of the airspace, to address. In particular it was would add thousands of extra miles and General Management Plan recommended in the report that (1) FAA flying minutes to the routes, and safety Amendment, Environmental Impact not authorize any deviations from of the airspace and operation would be Statement, Petrified Forest National normal high altitude routes for sight- negatively impacted through increased Park, Arizona seeing purposes; (2) FAA not authorize complexity and risks.’’ From the results deviations from normal flight plans and of the MITRE study, the FAA AGENCY: National Park Service, cruising altitudes over the Grand determined that a flight free zone for Department of the Interior. Canyon for other than safety reasons; high altitude aircraft over the Grand ACTION: Notice of Intent to prepare an and (3) that FAA conduct a study on Canyon would adversely affect the Environmental Impact Statement for a high altitude commercial jet routes that safety and efficiency of the national General Management Plan amendment, may also have impacts on natural quiet airspace system. Petrified Forest National Park. in the park. Consequently, subsequent Based on the data provided through regulations focused on the regulation of the various NPS studies and the MITRE SUMMARY: Under the provisions of the air tour and related operations. report, the NPS acknowledges that the National Environmental Policy Act of In 2005 and 2006, the GCNP initiated definition of substantial restoration of 1969, 42 U.S.C. 4332(2)(C), the National a soundscape monitoring and data natural quiet needs clarification to Park Service is preparing an collection effort to verify the accuracy of distinguish the goals within and above Environmental Impact Statement (EIS) the earlier acoustic science and the SFRA, while at the same time for a General Management Plan (GMP) methodologies used since the early considering the noise from all aircraft in amendment for Petrified Forest National 1980’s (see discussion in 64 FR 38006– Park. 38007) and to determine the natural 4 National Park Service (2007) Report on Winter The park is currently managed under ambient conditions for most of the park Ambient Sound Levels in Grand Canyon National a GMP that was completed in 1993. This area. NPS noise modeling results Park, Report No.GRCA–07–02. plan describes a proposed boundary predicted that over 96% of the park area 5 Ross, J., Menge, C., and Miller. N.P. (2004) expansion for the park of approximately had aircraft noise audible for over 25% Percentage of time jet aircraft are audible in Grand 93,000 acres. However, the 1993 GMP Canyon National Park. Harris Miller Miller and of the 12-hour day; however, there were Hanson, Inc., For NPS–HMMH Job No. 295860.044). does not prescribe management for the notable differences between air tour 6 Abrahamsen, T.R., Marani. G.F., and Bearer, R., proposed addition lands. The GMP was aircraft flying at lower altitudes within (2006) Impact on Restricting Flights From Grand revised in 2004 to address specific the SFRA and high altitude (primarily Canyon Airspace. The MITRE Corporation CAASD aspects of the park’s management; this for the Federal Aviation Administration and commercial) aircraft flying above the National Park Service, Report No. F063–B06–050, GMP Revision also does not address SFRA. Low flying air tour aircraft Presented to the Grand Canyon Working Group, management activities for proposed generated more noise at ground level, September 2006. addition lands.

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Public Law 108–430 was passed by (928) 524–6228; e-mail: http:// SUPPLEMENTARY INFORMATION: Effective Congress and signed by the President in parkplanning/nps.gov/pefo. February 20, 2008, the Commission December 2004. This Act expanded FOR FURTHER INFORMATION CONTACT: established a schedule for the conduct Petrified Forest National Park Contact Cliff Spencer, Superintendent, of the final phase of the subject boundaries by approximately 125,000 Petrified Forest National Park, P.O. Box investigations (73 FR 11437, March 3, acres, and directed the NPS to prepare 2217, Petrified Forest, AZ 86028; 2008). One party to these investigations a management plan for the new park telephone (928) 524–6228. General has identified a substantial conflict with lands within three years. Planning for information about Petrified Forest respect to its ability to participate in the the new lands is the focus of this GMP National Park is available on the hearing. Accordingly, at the request of amendment and associated EIS. Internet at http://www.nps.gov/pefo. that party and after consideration of the The GMP amendment will establish SUPPLEMENTARY INFORMATION: Please positions of the other parties to the the overall direction for park addition submit Internet comments as a text file, investigations, the Commission is lands, setting broad management goals avoiding the use of special characters revising its schedule. for the area for the next 15 to 20 years. and any form of encryption. Before The Commission’s new schedule for Among the topics that will be addressed including your address, phone number, the investigations is as follows: requests are protection of natural and cultural e-mail address, or other personal to appear at the hearing must be filed resources, protection of riparian identifying information in your with the Secretary to the Commission resources, appropriate range of visitor comment, you should be aware that not later than June 27, 2008; the uses, impacts of visitor uses, adequacy your entire comment—including your prehearing conference will be held at of park infrastructure, visitor access to personal identifying information—may the U.S. International Trade the park additions area, education and be made publicly available at any time. Commission Building at 9:30 a.m. on interpretive efforts, and external While you can ask us in your comment July 3, 2008; the prehearing staff report pressures on the park. Management to withhold your personal identifying will be placed in the nonpublic record zones that were established in the information from public review, we on June 20, 2008; the deadline for filing current GMP will be applied to addition cannot guarantee that we will be able to prehearing briefs is June 27, 2008; the lands. These zones outline the kinds of do so. hearing will be held at the U.S. resource management activities, visitor International Trade Commission activities, and developments that would Dated: March 21, 2008. Building at 9:30 a.m. on July 8, 2008; be appropriate in the addition lands. Michael D. Snyder, the deadline for filing posthearing briefs A range of reasonable alternatives for Regional Director, Intermountain Region, is July 15, 2008; the Commission will managing the park, including a no- National Park Service. make its final release of information on action alternative and a preferred [FR Doc. E8–7409 Filed 4–8–08; 8:45 am] August 5, 2008; and final party alternative, will be developed through BILLING CODE 4310–7V–M comments are due on August 7, 2008. the planning process and included in For further information concerning the EIS. The EIS will evaluate the these investigations see the potential environmental impacts of the INTERNATIONAL TRADE Commission’s notice cited above and alternatives. COMMISSION the Commission’s Rules of Practice and As the first phase of the planning and Procedure, part 201, subparts A through [Investigation Nos. 701–TA–448 and 731– E (19 CFR part 201), and part 207, EIS process, the National Park Service is TA–1117 (Final)] beginning to scope the issues to be subparts A and C (19 CFR part 207). addressed in the GMP amendment. All Certain Off-the-Road Tires From China Authority: These investigations are being interested persons, organizations, and conducted under authority of title VII of the AGENCY: United States International agencies are encouraged to submit Tariff Act of 1930; this notice is published Trade Commission. comments and suggestions regarding the pursuant to section 207.21 of the issues or concerns the GMP amendment ACTION: Revised schedule for the subject Commission’s rules. should address, including a suitable investigations. By order of the Commission. range of alternatives and appropriate Dated: April 3, 2008. DATES: mitigating measures, and the nature and Effective Date: April 3, 2008. Marilyn R. Abbott, extent of potential environmental FOR FURTHER INFORMATION CONTACT: Secretary to the Commission. impacts. Elizabeth Haines (202–205–3200), Office [FR Doc. E8–7426 Filed 4–8–08; 8:45 am] of Investigations, U.S. International BILLING CODE 7020–02–P DATES: Written comments on the scope Trade Commission, 500 E Street, SW., of the GMP amendment/EIS will be Washington, DC 20436. Hearing- accepted for 60 days beyond the impaired persons can obtain publication of this Notice of Intent. In information on this matter by contacting DEPARTMENT OF JUSTICE addition, a public scoping session will the Commission’s TDD terminal on 202– be held in Holbrook, Arizona in the Notice of Lodging Proposed Consent 205–1810. Persons with mobility Decree Spring of 2008. The location, date, and impairments who will need special time of this meeting will be provided in assistance in gaining access to the In accordance with Departmental local and regional newspapers, and on Commission should contact the Office Policy, 28 CFR 50.7, notice is hereby the Internet at http://parkplanning/ of the Secretary at 202–205–2000. given that a proposed Consent Decree in nps.gov/pefo. General information concerning the United States v. Freeway Land Co., Civ. ADDRESSES: Written comments or Commission may also be obtained by No. 07–1819–JO (D. Or.) was lodged requests to be added to the project accessing its Internet server (http:// with the United States District Court for mailing list should be directed to: Cliff www.usitc.gov). The public record for the District of Oregon on March 27, Spencer, Superintendent, Petrified these investigations may be viewed on 2008. Forest National Park, P.O. Box 2217, the Commission’s electronic docket This proposed Consent Decree Petrified Forest, AZ 86028; telephone (EDIS) at http://edis.usitc.gov. concerns a complaint filed by the

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United States against Freeway Land International, Inc., Civ. Action No. 08– Graphic Packaging International, Inc., Company pursuant to Sections 301(a) 00400. On March 5, 2008, the United 814 Livingston Court, Marietta, GA and 309 of the Clean Water Act, 33 States filed a Complaint alleging that the 30067, Defendants. U.S.C. 1311(a) and 1319, to obtain proposed merger between Altivity Case: I:08–cv–00400. injunctive relief from and to impose Packaging LLC (‘‘Altivity’’) and Graphic Assigned to: Sullivan, Emmet G. civil penalties against the Defendant for Packaging International, Inc. would Assign. Date: 3/5/2008. violating the Clean Water Act by violate section 7 of the Clayton Act, 15 Description: Antitrust. discharging dredged or fill material into U.S.C. 18. The Complaint alleges that Complaint waters of the United States without a the acquisition would substantially Clean Water Act Section 404 permit. reduce competition for the production, The United States of America, acting The proposed Consent Decree resolves distribution, and sale of coated recycled under the direction of the Attorney these allegations by requiring Defendant boxboard (‘‘CRB’’) in the United States. General of the United States, brings this to pay a civil penalty. Additionally, the Specifically, the Complaint alleges that civil action to enjoin the proposed Corps is considering issuing an after- the merger would enhance the merged merger of Graphic Packaging the-fact Clean Water Act Section 404 firm’s ability and incentive to reduce International, Inc. (‘‘Graphic’’) and permit that would allow the dredged or their combined CRB output and Altivity Packaging, LLC (‘‘Altivity’’). fill material to remain in place, but anticompetitively raise CRB prices in The United States alleges as follows: would require wetland creation as the United States. The proposed Final I. Nature of the Action mitigation. If the Corps denies the Judgment, filed at the same time as the 1. On July 10, 2007, Altivity and permit application, the proposed Decree Complaint, requires the parties to divest Graphic announced plans to combine requires Defendant to remove the two Altivity CRB mills in Wasbash, their businesses in a transaction valued dredged or fill material and restore the Indiana and Philadelphia, Pennsylvania. at $1.75 billion. Altivity and Graphic are impacted area. If divestiture of the Philadelphia mill is respectively the first and fourth largest The Department of Justice will accept not accomplished, the proposed producers of coated recycled boxboard written comments relating to this settlement requires the sale of Altivity’s (‘‘CRB’’) in the United States and proposed Consent Decree for thirty (30) Santa Clara, California CRB mill in the Canada (hereinafter, ‘‘North America’’). days from the date of publication of this alternative. A Competitive Impact CRB is a type of paperboard used to Notice. Please address comments to Statement filed by the United States make folding cartons used in consumer Michael B. Schon, United States describes the Complaint, the proposed and commercial packaging, such as Department of Justice, P.O. Box 23986, Final Judgment, and the remedies cereal boxes. Both companies are also Washington, DC 20026–3986, and refer available to private litigants who may major integrated producers of folding to United States v. Freeway Land Co., DJ have been injured by the alleged cartons made from CRB (hereinafter, No. 90–5–1–1–18205. violation. The proposed Consent Decree may be Copies of the Complaint, proposed ‘‘CRB folding cartons’’). The total examined at the Clerk’s Office, United Final Judgment, Asset Preservation annual volume of CRB supplied to the States District Court for the District of Stipulation and Order, and Competitive packaging industry in North America is Oregon, 740 Mark 0. Hatfield United Impact Statement are available for valued at approximately $1.6 billion. 2. The proposed merger of Graphic States Courthouse, 1000 SW., Third inspection at the Department of Justice, and Altivity would create a single firm Avenue, Portland, OR 97204–2802. In Antitrust Division, Antitrust Documents in control of approximately 42 percent addition, the proposed Consent Decree Group, 325 7th Street, NW., Room 215, of the total supply of CRB in North may be viewed at http://www.usdoi.gov/ Washington, DC 20530 (telephone: 202– America and would likely result in enrd/Consent_Decrees.html. 514–2481), on the Internet at http:// increased prices of CRB. The resulting www.usdoj.gov/atr, and at the Office of Russell M. Young, increases in CRB prices would have the the Clerk of the United States District Assistant Chief, Environmental Defense further effect of increasing the prices of Court for the District of Columbia. Section, Environment & Natural Resources CRB folding cartons. Copies of these materials may be Division, U.S. Department of Justice. 3. Unless the transaction is enjoined, obtained from the Antitrust Division [FR Doc. E8–7270 Filed 4–8–08; 8:45 am] the proposed merger of Graphic and upon request and payment of the BILLING CODE 4410–15–M Altivity would likely substantially copying fee set by Department of Justice lessen competition in the supply of CRB regulations. in North America, in violation of DEPARTMENT OF JUSTICE Public comment is invited within sixty (60) days of the date of this notice. Section 7 of the Clayton Act, 15 U.S.C. 18. Antitrust Division Such comments, and responses thereto, will be published in the Federal II. Jurisdiction and Venue United States v. Altivity Packaging LLC Register and filed with the Court. and Graphic Packaging International, 4. The United States brings this action Comments should be directed to Joshua under Section 15 of the Clayton Act, as Inc.; Proposed Final Judgment and Soven, Chief, Litigation I Section, Competitive Impact Statement amended, 15 U.S.C. 25, to prevent and Antitrust Division, Department of restrain Defendants from violating Notice is hereby given pursuant to the Justice, 1401 H Street, NW., Suite 4000, Section 7 of the Clayton Act, 15 U.S.C. Antitrust Procedures and Penalties Act, Washington, DC 20530 (202–307–0001). 18. This Court has subject matter 15 U.S.C. 16(b)–(h), that a Complaint, J. Robert Kramer II, jurisdiction over this action pursuant to proposed Final Judgment, Asset Director of Operations, Antitrust Division. Section 15 of the Clayton Act, 15 U.S.C. Preservation Stipulation and Order, and 25 and 28 U.S.C. 1331, 1337(a), and Competitive Impact Statement have The United States District Court for the 1345. been filed with the United States District of Columbia 5. Graphic and Altivity produce and District Court for the District of United States of America, Plaintiff, v. sell CRB and CRB folding cartons in the Columbia in United States v. Altivity Altivity Packaging LLC, 1500 Nicholas flow of interstate commerce, and their Packaging LLC and Graphic Packaging Blvd., Elk Grove Village, IL 60007, and production and sale of CRB and CRB

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folding cartons substantially affect the natural color of the recycled fiber, preferences for its white appearance. interstate commerce. Defendants have typically a greyish or brownish hue, Neither Graphic nor Altivity produces consented to venue and personal depending on the type of fiber used SBS. jurisdiction in this judicial district. (grey, if recycled newsprint is used; 14. Because of the price and brown, if recycled corrugated boxes are III. The Defendants performance distinctions between CRB used). CRB is an intermediary product and the other folding carton substrates, 6. Altivity, a Delaware limited that undergoes conversion into folding few customers of CRB and CRB folding liability company headquartered in Elk cartons. cartons consider URB, CUK, or SBS to Grove Village, Illinois, is the largest CRB 10. CRB is the preferred paperboard be economical substitutes for CRB. producer in North America. Altivity is substrate for a wide range of relatively Further, even where another substrate also a major North American producer low-cost folding carton applications, can provide acceptable performance at a (or ‘‘converter’’) of folding cartons made including dry food cartons such as similar price, few customers will switch from CRB and other types of cereal boxes. CRB typically is the single from their existing substrate to an paperboard. Altivity owns and operates largest cost component of such folding alternative substrate because doing so is five paperboard mills that produce CRB cartons, accounting for as much as 65 time consuming, costly, and risky. The and 24 folding carton converting plants percent of the cost of the folding carton. customer must first qualify the in North America. Altivity’s CRB mills 11. Uncoated recycled boxboard alternative substrate, and switching have a combined annual production (‘‘URB’’) is a lower-grade and lower-cost often requires modification of folding capacity of approximately 722,000 tons, paperboard compared to CR13. Major carton converting equipment and end- or about 27 percent of total North uses of URB are in the construction users’ packaging lines. Customers of American CRB supply. In 2006, Altivity industry (as backing for gypsum CRB and CRB folding cartons likely had total sales of approximately $2 wallboard) and in making paperboard would not switch to URB, CUK, SBS, or cores and tubes (such as industrial cores billion, including approximately $660 any other potential substitutes in for winding rolls of paper and other million in North American sales of CRB response to a small but significant and flexible materials, commercial mailing and CRB folding cartons. non-transitory increase in CRB prices to tubes, and tubes for paper towels and 7. Graphic, the fourth-largest CRB an extent that would make such a price toilet paper rolls). URB is not a close producer in North America, is increase unprofitable. Accordingly, CRB substitute for CRB in folding carton incorporated in Delaware and has its constitutes a relevant product market applications because it lacks the smooth principal place of business in Marietta, within the meaning of the Clayton Act. Georgia. In North America, Graphic coated surface needed for good graphics printability. 15. Based on relative price and owns and operates one CRB paperboard performance for some customers, CUK mill, the single largest CRB mill in 12. CUK is a clay-coated paperboard made from virgin wood pulp rather than is the next closest substitute for CRB, North America, as well as 19 folding and any switching by CRB customers to carton converting plants that produce recycled paper, and has a brown-colored back. CUK has greater strength and wet- another substrate in response to a small folding cartons from CRB and other but significant and non-transitory types of paperboard. Graphic’s CRB mill resistance than CRB and is more expensive than CRB on a price per ton increase in CRB prices would primarily has a total annual production capacity be to CUK. As alleged in paragraph 14, of approximately 390,000 tons, or about basis. The large majority of CUK produced in North America is used to switching by some customers to CUK 15 percent of total North American CRB would not be sufficient to make a CRB supply. In 2006, Graphic’s total sales make beverage carriers (beer and soft- drink cartons) and refrigerated and price increase unprofitable, for reasons were approximately $2.4 billion, frozen food packaging, where it is including that the two producers of including approximately $357 million valued for its high strength and wet- CUK are currently operating at near- in North American sales of CRB and resistance properties. Graphic is the capacity. If such switching to CUK CRB folding cartons. larger of the only two North American would constrain a CRB price increase, 8. Graphic also is the largest North CUK producers. Altivity does not however, CRB and CUK would American producer of coated produce CUK. constitute a relevant product market unbleached kraft (‘‘CUK’’), another type 13. Solid bleached sulfate (‘‘SBS’’) is within the meaning of the Clayton Act, of paperboard. Graphic operates two another type of paperboard made from and the relevant market would be no CUK mills with a total annual virgin wood pulp. Produced from larger than CRB and CUK. production capacity of approximately bleached white pulp, SBS is the most B. Relevant Geographic Market 1.3 million tons, or about 55 percent of expensive and highest grade of total North American CUK supply. In paperboard used in the folding carton 16. North America is a relevant 2006, Graphic had approximately $1 industry. SBS has a bright white finish geographic market for the supply of billion in North American sales of CUK on both sides, in contrast to CUK’s CRB, and for the supply of CRB and and CUK folding cartons. brown back and CRB’s grey or brown CUK, within the meaning of the Clayton IV. Relevant Market back. SBS affords the best printing Act. Due to relatively high surface of the paperboard grades, and is transportation costs, unfavorable A. Relevant Product Market thus preferred despite its higher cost currency exchange rates, and other cost 9. CRB is a type of paperboard (often when superior printability is required. and marketing disadvantages to called a ‘‘substrate’’ in the packaging Consequently, SBS is often used to importing foreign CRB, CUK, or industry) made from recycled paper. make cartons for higher-priced potential substitutes for CRB or CUK CRB is manufactured by forming and consumer goods, such as into North America, a small but building up multiple layers (or ‘‘plys’’) pharmaceuticals, cosmetics, and health significant increase in the prices of CRB of recycled fiber, and then applying a and beauty products. When produced in North America would not clay coating to the top layer. The clay- appropriately coated, SBS is also used likely cause foreign suppliers to coated top layer provides CRB with a in certain types of packaging that comes increase North American sales in smooth surface for good graphics into direct contact with food, again due sufficient volumes to make such a price printability. The bottom layer is left in to manufacturer and consumer increase unprofitable.

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V. Anticompetitive Effects 21. Producers of CUK are not likely to VII. Violation Alleged 17. Since 2005, the North American defeat an increase in the price of CRB 26. The United States hereby CRB market has experienced significant after the merger of Graphic and Altivity. incorporates paragraphs 1 through 25. producer consolidations, including CRB Graphic produces more than half of the 27. The proposed merger of Graphic mill closures that have caused the CUK sold in North America, and would and Altivity would likely substantially removal of hundreds of thousands of not have an incentive to undermine a lessen competition in interstate trade tons of CRB production capacity. As a post-merger increase in the price of and commerce, in violation of Section 7 result, the market has become highly CRB. The only other North American of the Clayton Act, 15 U.S.C. § 18, and concentrated, with Altivity and Graphic CUK producer is operating at nearly full would likely have the following effects, becoming the first and fourth largest of capacity and would not increase its among others: only four major producers. The recent sales of CUK or other potential (a) Actual and potential competition producer consolidations and capacity substitutes for CRB by an amount between Graphic and Altivity for CRB reductions in North America have sufficient to undermine a post-merger sales would be eliminated; and resulted in high capacity utilization increase in CRB prices. (b) Competition generally in the North rates by the remaining producers, and VI. Absence of Countervailing Factors American market for CRB (or in a North have significantly constrained the American market for CRB and CUK) market supply of CRB. 22. Supply responses from would be substantially lessened. 18. If the proposed merger of Graphic competitors or potential competitors Prayer for Relief and Altivity is permitted to occur, the will not prevent the likely North American CRB market would anticompetitive effects of the proposed The United States requests: become substantially more merger. Existing North American CRB 1. That the proposed acquisition be concentrated. The combination of producers face capacity and other adjudged to violate section 7 of the Graphic and Altivity would control operational limitations that would Clayton Act, 15 U.S.C. 18; approximately 42 percent of total North constrain them from significantly 2. That the Defendants be American CRB supply. The market expanding output in response to a post- permanently enjoined and restrained would have only three major merger Graphic-Altivity increase in the from carrying out the proposed merger competitors controlling a collective price of CRB. Further, to the extent that or from entering into or carrying out any market share of approximately 86 they have any additional capacity to other agreement, understanding, or plan percent. Using a standard concentration produce more CRB, these producers by which Graphic would acquire, be measure called the Herfindahl- would likely support a Graphic-Altivity acquired by, or merge with, any of the Herschman Index (or ‘‘HHI,’’ defined price increase by raising their own other Defendants; and explained in Appendix A), the prices. 3. That the United States be awarded proposed merger would substantially 23. Foreign producers import into costs of this action; and raise market concentration in a highly North America small quantities of CRB 4. That the United States have such concentrated market, producing an HHI and potential substitutes for CRB. The other relief as the Court may deem just increase of approximately 788 and a ability of foreign paperboard producers and proper. Respectfully submitted, post-merger HHI of approximately 2745. to expand imports into North America 19. Even if the relevant product is limited by their commitments to Thomas O. Barnett, market were broader than CRB and home and other markets that are more (DC Bar No. 426840) included CUK, the proposed merger of profitable than North America, as well Assistant Attorney General, Graphic and Altivity would also as significant transportation, currency Deborah A. Garza, substantially increase concentration in exchange, and other disadvantages and (DC Bar No. 395259) the North American market. The merger competitive constraints to importing Deputy Assistant Attorney General. would produce a single firm controlling into North America. Thus, the potential J. Robert Kramer II, approximately 49 percent of total North for expansion of foreign supply, by itself Director of Operations. American supply of CRB and CUK, or in combination with other supply Joshua H. Soven, Chief, combining Graphic’s 35 percent and responses, would not likely be sufficient (DC Bar No. 436633) Altivity’s 14 percent. The four Joseph M. Miller, to constrain a small but significant and Assistant Chief, remaining major competitors would non-transitory North American CRB have a collective market share of (DC Bar No. 439965) price increase. Litigation I Section, approximately 94 percent. The merger [email protected]. would substantially raise market 24. New entry into the production and sale of CRB or CUK is costly and time (202) 307–0827. concentration in a highly concentrated Dated: March 5, 2008. market, producing an HHI increase of consuming. Among other things, entry would require investments of over $100 Weeun Wang, approximately 991 and a post-merger Kent Brown, HHI of approximately 3155. million and two years or more to construct and install production Michael K. Hammaker (DC Bar No. 233684), 20. The proposed merger would Jon B. Jacobs (DC Bar No. 412249), produce a further substantial equipment and facilities. New entry is Karl D. Knutsen, consolidation of the North American not likely to occur on a timely or Justin M. Dempsey (DC Bar No. 425976), CRB market and eliminate significant sufficient basis in response to a small David C. Kelly, head-to-head competition between but significant and non-transitory post- Barry L. Creech, Graphic and Altivity, substantially merger CRB price increase in North Rebecca Perlmutter, lessening competition and likely America. Richard D. Mosier (DC Bar No. 492489), Scott I. Fitzgerald, causing higher CRB prices than there 25. The anticompetitive effects of the Michael T. Koenig, would be without the merger. These proposed Graphic-Altivity merger are Paul J. Torzilli, CR13 price increases are also likely to not likely to be eliminated or mitigated Trial Attorneys, cause increases in the prices of CRB by any efficiencies that may be achieved U.S. Department of Justice, folding cartons. by the merger. Antitrust Division,

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Litigation I Section, the Court to modify any of the divestiture drawings, blueprints, designs, design 1401 H Street, NW., Suite 4000, provisions contained below; protocols, specifications for materials, Washington, DC 20530, Now therefore, before any testimony is specifications for parts and devices, safety [email protected]. taken, without trial or adjudication of any procedures for the handling of materials and (202) 307–3952. issue of fact or law, and upon consent of the substances, quality assurance and control parties, it is ordered, adjudged, and decreed: procedures, environmental studies or Appendix A assessments, design tools and simulation I. Jurisdiction Herfindahl-Hirschman Index capability, all manuals and technical This Court has jurisdiction over the subject information provided to the employees, ‘‘HHI’’ means the Herfindahl-Hirschman matter of and each of the parties to this customers, suppliers, agents or licensees, and Index, a commonly accepted measure of action. The Complaint states a claim upon all research data concerning historic and market concentration. It is calculated by which relief may be granted against squaring the market share of each firm current research and development efforts, Defendants under Section 7 of the Clayton competing in the market and then summing including, but not limited to designs of Act, as amended, 15 U.S.C.18. the resulting numbers. For example, for a experiments, and results of successful and market consisting of four firms with shares of II. Definitions unsuccessful designs and experiments. 30%, 30%, 20%, and 20%, the HHI is 2600 G. ‘‘Alternative Asset’’ means that As used in this Final Judgment: Altivity’s CRB mill located at 2600 De La (302 + 302 +202 + 202 = 2600). The HHI A. ‘‘Acquirer’’ or ‘‘Acquirers’’ means the takes into account the relative size Cruz Blvd, Santa Clara, California 95050 (the entity or entities to whom one or more ‘‘Santa Clara Mill’’), including all Mill Assets distribution of the firms in a market and Divestiture Mills are divested pursuant to approaches zero when a market consists of a relating to the Santa Clara Mill, is deemed a this Final Judgment. Divestiture Mill if the conditions set forth in large number of small firms. The HHI B. ‘‘Altivity’’ means Defendant Altivity increases both as the number of firms in the Section V(A)(2) of this Final Judgment are Packaging, LLC, a Delaware limited liability market decreases and as the disparity in size satisfied. company with its headquarters in Elk Grove between those firms increases. Village, Illinois, its direct and indirect III. Applicability Markets in which the HHI is between 1000 parents, private equity owners or partners, and 1800 points are considered to be A. This Final Judgment applies to successors, assigns, subsidiaries, divisions, moderately concentrated, and those in which Defendants, as defined above, and all other groups, affiliates, partnerships, joint the HHI is in excess of 1800 points are persons in active concert or participation ventures, and their directors, officers, considered to be highly concentrated. See with Defendants who receive actual notice of managers, agents, and employees. Horizontal Merger Guidelines 1.51 (revised this Final Judgment by personal service or C. ‘‘Graphic’’ means Defendant Graphic Apr. 8, 1997). Transactions that increase the otherwise. HHI by more than 100 points in concentrated Packaging International, Inc., a Delaware B. If, prior to complying with sections IV markets presumptively raise antitrust corporation with its headquarters in Marietta, and V of this Final Judgment, Defendants sell concerns under the guidelines issued by the Georgia, its direct and indirect parents, or otherwise dispose of all or substantially all U.S. Department of Justice and Federal Trade successors, assigns, subsidiaries, divisions, of their assets that include the Divestiture Commission. See id. groups, affiliates, partnerships, joint Mills, they shall require, as a condition of the ventures, and their directors, officers, sale or other disposition, that the purchaser The United States District Court for the managers, agents, and employees. or purchasers agree to be bound by the District of Columbia D. ‘‘CRB’’ means coated recycled boxboard. provisions of this Final Judgment. United States of America, Plaintiff, v. E. ‘‘Divestiture Mills’’ means Altivity’s Defendants need not obtain such an Altivity Packaging, LLC and Graphic CRB mill located at 455 Factory Street, agreement from an Acquirer under this Final Packaging International, Inc., Defendants. Wabash, Indiana 46992 (the ‘‘Wabash Mill’’), Judgment. including all Mill Assets relating to the Case: I:08–cv–00400. IV. Divestitures Assigned To: Sullivan, Emmet G. Wabash Mill and Altivity’s CRB mill located Assign. Date: 3/5/2008. at 5000 Flat Rock Road, Philadelphia, A. Defendants are ordered and directed, Description: Antitrust. Pennsylvania 19127 (the ‘‘Philadelphia within 120 calendar days after the filing of Mill’’), including all Mill Assets relating to the Complaint in this matter, or five (5) days Final Judgment the Philadelphia Mill. after notice of the entry of this Final Whereas, Plaintiff, United States of F. ‘‘Mill Assets’’ means: Judgment by the Court, whichever is later, to America, filed its Complaint on March 5, (1) All tangible assets used in, devoted to, divest the Wabash Mill and the Philadelphia 2008, and Plaintiff and Defendants, Altivity or necessary to the operations of a Divestiture Mill in a manner consistent with this Final Packaging, LLC (‘‘Altivity’’) and Graphic Mill, including but not limited to all such Judgment to an Acquirer or Acquirers Packaging International, Inc. (‘‘Graphic’’), by assets relating to research and development approved by the United States in its sole their respective attorneys, have consented to activities, manufacturing equipment, tooling discretion. The United States, in its sole the entry of this Final Judgment without trial and fixed assets, real property (leased or discretion, may agree to one or more or adjudication of any issue of fact or law, owned), personal property, inventory, CRB extensions of this time period not to exceed and without this Final Judgment constituting reserves, information technology systems, sixty (60) days in total, and shall notify the any evidence against or admission by any office furniture, materials, supplies, docking Court in such circumstances. Defendants party regarding any issue of fact or law; facilities, on-or off-site warehouses or storage agree to use their best efforts to divest the And whereas, Defendants agree to be facilities; all licenses, permits and Wabash and Philadelphia Mills as bound by the provisions of this Final authorizations issued by any governmental expeditiously as possible. Judgment pending its approval by the Court; organization; all contracts, agreements, leases B. Defendants promptly shall make known, And whereas, the essence of this Final (including renewal rights), commitments, by usual and customary means, the Judgment is the prompt and certain certifications, and understandings, including availability of the Wabash and Philadelphia divestiture of certain rights or assets by supply agreements; customer lists, accounts, Mills to be divested pursuant to section IV(A) Defendants to assure that competition is not and credit records; all interests in, and of this Final Judgment. Defendants shall substantially lessened; contracts relating to, power generation; all inform any person making inquiry that the And whereas, the United States requires repair and performance records and all other divestitures are pursuant to this Final Defendants to make certain divestitures for records; and Judgment and provide that person with a the purpose of remedying the loss of (2) all intangible assets used in, devoted to, copy of this Final Judgment. Unless the competition alleged in the Complaint; or necessary to the operations of a Divestiture United States otherwise consents in writing, And whereas, Defendants have represented Mill, including but not limited to all Defendants shall offer to furnish to all to the United States that the divestitures contractual rights, patents, licenses and prospective Acquirers, subject to customary required below can and will be made and sublicenses, intellectual property, technical confidentiality assurances, all information that Defendants will later raise no claim of information, computer software and related and documents relating to the divestitures hardship or difficulty as grounds for asking documentation, know-how, trade secrets, that customarily are provided in a due

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diligence process except such information or pursuant to Section V. of this Final not been divested during this 120-day period, documents subject to the attorney client or Judgment, shall include a Divestiture Mill the trustee shall divest the Philadelphia Mill work product privilege. Defendants shall and all related Mill Assets, and shall be or the Alternative Asset within 90 calendar make available such information to the accomplished in such a way as to satisfy the days thereafter. United States at the same time that such United States, in its sole discretion, that the (3) The United States, in its sole discretion, information is made available to any other Divestiture Mill can and will be used by an may allow the trustee one or more extensions person. Acquirer as a viable, ongoing business of the time periods specified in this Section, C. Unless the United States otherwise engaged in producing, distributing, and not to exceed sixty (60) days in total, and consents in writing, Defendants shall provide selling CRB, that the Divestiture Mill will shall notify the Court in such circumstances. an Acquirer and the United States remain viable, and that the divestiture of B. After the appointment of a trustee information relating to Defendants’ personnel such assets will remedy the competitive becomes effective, only the trustee shall have involved in management, production, harm alleged in the Complaint. The the right to sell the Divestiture Mills. The operations, or sales activities of a Divestiture divestitures, whether pursuant to Section IV trustee shall have the power and authority to Mill to enable an Acquirer to make offers of or Section V of this Final Judgment, accomplish the divestitures to an Acquirer or employment. Defendants will not prevent or (1) Shall be made to an Acquirer or Acquirers acceptable to the United States at interfere with any efforts by an Acquirer to Acquirers that, in the United States’ sole such price and on such terms as are then employ any of Defendants’ officers, directors, judgment, have the intent and capability obtainable upon reasonable effort by the or employees having any executive, (including the necessary managerial, trustee, subject to the provisions of Sections management, production, operations, sales, operational, technical, and financial IV, V, and VI of this Final Judgment, and or other responsibilities relating to a capability) to compete effectively in the shall have such other powers as this Court Divestiture Mill, and if requested, will production, distribution, and sale of CRB; deems appropriate. Subject to Section V(D) of release any such person from any non- (2) shall be accomplished so as to satisfy this Final Judgment, the trustee may hire at compete agreement with Defendants. the United States, in its sole discretion, that the cost and expense of Defendants any D. Unless the United States otherwise none of the terms or conditions of any investment bankers, attorneys, or other consents in writing, Defendants shall permit agreement between an Acquirer and agents, who shall be solely accountable to the prospective Acquirers of a Divestiture Mill to Defendants would give Defendants an ability trustee, reasonably necessary in the trustee’s have reasonable access to personnel and to to unreasonably raise the Acquirer’s costs, to judgment to assist in the divestitures. make inspections of all relevant physical lower an Acquirer’s efficiency, or otherwise C. Defendants shall not object to a sale by facilities; access to any and all to interfere with the ability of an Acquirer to the trustee on any ground other than the environmental, zoning, and other permit compete effectively in the production, trustee’s malfeasance. Any such objection by documents and information; and access to distribution, and sale of CRB; and Defendants must be conveyed in writing to any and all financial, operational, and other (3) may be required by the United States, the United States and the trustee within ten documents and information customarily in its sole discretion, to be accomplished by (10) calendar days after the trustee has provided as part of a due diligence process, sale of all divestiture assets to a single provided the notice required under Section provided that Defendants only need to Acquirer. VI. comply with this provision as to the J. As part of a divestiture, and at the option D. The trustee shall serve at the cost and Alternative Asset in the event that the of an Acquirer, Defendants may negotiate a expense of Defendants, on such terms and Alternative Asset is to be divested pursuant transitional supply agreement or agreements conditions as the United States approves, and to section V(A) of this Final Judgment. to supply CRB to Defendants’ folding carton shall account for all monies derived from E. Defendants shall warrant to an Acquirer plants previously supplied by a Divestiture divestitures effected by the trustee and all of a Divestiture Mill that the Divestiture Mill Mill purchased by the Acquirer. Any such costs and expenses so incurred. After and all related Mill Assets will be operational agreement shall be subject to the approval of approval by the Court of the trustee’s on the date of sale. the United States in its sole discretion, shall accounting, including fees for its services and F. Defendants shall not take any action that be on commercially reasonable terms, and those of any professionals and agents will impede in any way the permitting, shall have a term no longer than three (3) retained by the trustee, all remaining money operation, or divestiture of a Divestiture Mill years. The volume requirements during the shall be paid to Defendants and the trust or any related Mill Assets. first year of any such agreement may be up shall then be terminated. The compensation G. At the option of an Acquirer and upon to 100 percent of the 2007 volumes supplied of the trustee and any professionals and approval by the United States, in its sole by the particular Divestiture Mill to Altivity’s agents retained by the trustee shall be discretion, Defendants shall enter into a folding carton plants, no more than 75 reasonable in light of the value of divestiture transition services agreement based upon percent during the second year, and no more assets and based on a fee arrangement commercially reasonable terms and than 50 percent during the third year. providing the trustee with an incentive based conditions. Such an agreement may not on the price and terms of the divestitures and exceed twelve (12) months from the date of V. Appointment of Trustee the speed with which it is accomplished, but divestiture. Transition services may include A. If Defendants have not accomplished timeliness is paramount. information technology support, information the divestitures ordered by Section IV(A) of E. Defendants shall use their best efforts to technology licensing, computer operations, this Final Judgment within the time period assist the trustee in accomplishing the data processing, logistics support, and such specified in Section IV(A), Defendants shall required divestitures. The trustee and any other services as reasonably necessary to notify the United States and provide the consultants, accountants, attorneys, and operate a Divestiture Mill or related Mill pertinent facts in writing. Thereafter, upon other persons retained by the trustee shall Assets. application of the United States, the Court have full and complete access to the H. Defendants shall warrant to an Acquirer shall appoint a trustee selected by the United personnel, books, records, and facilities of that there are no material defects in the States and approved by the Court to the business to be divested, and Defendants environmental, zoning, or other permits accomplish divestitures in the following shall develop financial and other information pertaining to the operation of a Divestiture manner. relevant to such business as the trustee may Mill or related Mill Assets, and shall enter (1) If Defendants have not divested one or reasonably request, subject to reasonable into a contractual commitment with the both of the Divestiture Mills within the time protection for trade secrets or other Acquirer that following the sale of a period specified in Section IV(A), the United confidential research, development, or Divestiture Mill, Defendants will not States shall seek appointment of a trustee to commercial information. Defendants shall undertake, directly or indirectly, any ensure divestiture of the Wabash Mill and the take no action to interfere with or to impede challenges to the environmental, zoning, or Philadelphia Mill or the Alternative Asset. the trustee’s accomplishment of the other permits relating to the operation of a (2) If, at the time of the trustee’s divestitures. Divestiture Mill or any related Mill Assets. appointment, the Philadelphia Mill has not F. After its appointment, the trustee shall I. Unless the United States otherwise been divested, the trustee shall seek to divest file monthly reports with the United States consents in writing, any divestiture pursuant the Philadelphia Mill within 120 calendar and the Court setting forth the trustee’s to Section IV, or by trustee appointed days thereafter. If the Philadelphia Mill has efforts to accomplish the divestitures ordered

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under this Final Judgment. To the extent whichever is later, the United States shall detail all actions Defendants have taken and such reports contain information that the provide written notice to Defendants and the all steps they have implemented on an trustee deems confidential, such reports shall trustee, if there is one, stating whether or not ongoing basis to comply with Section VIII of not be filed in the public docket of the Court. it approves or objects to the proposed this Final Judgment. Defendants shall deliver Such reports shall include the name, address, divestitures. If the United States provides to the United States an affidavit describing and telephone number of each person who, written notice that it does not object, the any changes to the efforts and actions during the preceding month, made an offer divestitures may be consummated, subject outlined in Defendants’ earlier affidavits filed to acquire, expressed an interest in acquiring, only to Defendants’ limited right to object to pursuant to this section within fifteen (15) entered into negotiations to acquire, or was the sale under Section V(C) of this Final calendar days after the change is contacted or made an inquiry about acquiring Judgment. Absent written notice that the implemented. the Divestiture Mills, and shall describe in United States does not object to the proposed C. Defendants shall keep all records of all detail each contact with any such person. Acquirer or upon objection by the United efforts made to preserve and divest the The trustee shall maintain full records of all States, a divestiture proposed under Section Divestiture Mills until one year after such efforts made to effect the divestitures. IV or Section V shall not be consummated. divestitures have been completed. G. If the trustee has not accomplished the Upon objection by Defendants under Section divestitures within seven (7) months after its V(C), a divestiture proposed under Section V X. Compliance Inspection appointment, and any extension pursuant to shall not be consummated unless approved A. For the purposes of determining or Section V(A)(3) of this Final Judgment, the by the Court. Notwithstanding the foregoing securing compliance with this Final trustee shall promptly file with the Court a provisions of this Section VI, the United Judgment, or of determining whether this report setting forth: (1) The trustee’s efforts States, in its sole discretion, may withhold its Final Judgment should be modified or to accomplish the required divestitures; (2) approval or objection to the proposed vacated, and subject to any legally recognized the reasons, in the trustee’s judgment, why divestiture of a single Divestiture Mill until privilege, from time to time duly authorized the required divestitures have not been such time as the United States concludes that representatives of the United States accomplished; and (3) the trustee’s it can approve an Acquirer or Acquirers for Department of Justice, including consultants recommendations. To the extent such report both Divestiture Mills consistent with the and other persons retained by the United contains information that the trustee deems terms of the Final Judgment. States, shall, upon written request of a duly confidential, such report shall not be filed in VII. Financing authorized representative of the Assistant the public docket of the Court. The trustee Attorney General in charge of the Antitrust shall at the same time furnish such report to Defendants shall not finance all or any part Division, and on reasonable notice to the United States, which shall have the right of any purchase made pursuant to Section IV Defendants, be permitted: to make additional recommendations or V of this Final Judgment. (1) Access during Defendants’ office hours consistent with the purpose of the trust. The VIII. Asset Preservation to inspect and copy, or at the United States’s Court thereafter shall enter such orders as it option, to require Defendants to provide Until the divestitures required by this Final shall deem appropriate to carry out the electronic or hard copies of, all books, Judgment have been accomplished, ledgers, accounts, records, data, and purpose of this Final Judgment, which may, Defendants shall take all steps necessary to documents in the possession, custody, or if necessary, include extending the trust and comply with the Asset Preservation control of Defendants, relating to any matters the term of the trustee’s appointment by a Stipulation and Order entered by this Court. contained in this Final Judgment; and period requested by the United States. Defendants shall take no action that would (2) to interview, either informally or on the jeopardize the divestitures ordered by this VI. Notice of Proposed Divestitures record, Defendants’ officers, employees, or Court. A. Within two (2) business days following agents, who may have their individual execution of a definitive divestiture IX. Affidavits counsel present, regarding such matters. The agreement, Defendants or the trustee, A. Within twenty (20) calendar days of the interviews shall be subject to the reasonable whichever is then responsible for effecting filing of the Complaint in this matter, and convenience of the interviewee and without the divestitures required herein, shall notify every thirty (30) calendar days thereafter restraint or interference by Defendants. the United States of any proposed until the divestitures have been completed B. Upon the written request of a duly divestitures required by Section IV or V of under Section IV or V, Defendants shall authorized representative of the Assistant this Final Judgment. If the trustee is deliver to the United States an affidavit as to Attorney General in charge of the Antitrust responsible, it shall similarly notify the fact and manner of its compliance with Division, Defendants shall submit written Defendants. The notice shall set forth the Section IV or V of this Final Judgment. Each reports or responses to written details of the proposed divestitures and list such affidavit shall include the name, interrogatories, under oath if requested, the name, address, and telephone number of address, and telephone number of each relating to any of the matters contained in each person not previously identified who person who, during the preceding thirty (30) this Final Judgment as may be requested. offered or expressed an interest in or desire calendar days, made an offer to acquire, C. No information or documents obtained to acquire any ownership interest in the expressed an interest in acquiring, entered by the means provided in this section shall Divestiture Mills, together with full details of into negotiations to acquire, or was contacted be divulged by the United States to any the same. or made an inquiry about acquiring, any person other than an authorized B. Within fifteen (15) calendar days of interest in a Divestiture Mill, and shall representative of the executive branch of the receipt by the United States of such notice, describe in detail each contact with any such United States, except in the course of legal the United States may request from person during that period. Each such proceedings to which the United States is a Defendants, the proposed Acquirer, any other affidavit shall also include a description of party (including grand jury proceedings), or third party, or the trustee, if applicable, the efforts Defendants have taken to solicit for the purpose of securing compliance with additional information concerning the buyers for the Divestiture Mills, and to this Final Judgment, or as otherwise required proposed divestitures, the proposed provide required information to any by law. Acquirer, and any other potential Acquirer. prospective Acquirer, including the D. If, at the time information or documents Defendants and the trustee shall furnish any limitations, if any, on such information. are furnished by Defendants to the United additional information requested within Assuming the information set forth in the States, Defendants represent and identify in fifteen (15) calendar days of the receipt of the affidavit is true and complete, any objection writing the material in any such information request, unless the parties shall otherwise by the United States to information provided or documents to which a claim of protection agree. by Defendants, including limitations on the may be asserted under Rule 26(c)(1)(G) of the C. Within thirty (30) calendar days after information, shall be made within fourteen Federal Rules of Civil Procedure, and receipt of the notice, or within twenty (20) (14) calendar days of receipt of such affidavit. Defendants mark each pertinent page of such calendar days after the United States has B. Within twenty (20) calendar days of the material, ‘‘Subject to claim of protection been provided the additional information filing of the Complaint in this matter, under Rule 26(c)(1)(G) of the Federal Rules requested from Defendants, the proposed Defendants shall deliver to the United States of Civil Procedure,’’ then the United States Acquirer, any third party, or the trustee, an affidavit that describes in reasonable shall give Defendants ten (10) calendar days

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notice prior to divulging such material in any XV. Public Interest Determination Court would retain jurisdiction to construe, legal proceeding (other than a grand jury Entry of this Final Judgment is in the modify, or enforce the provisions of the proceeding). public interest. The parties have complied proposed Final Judgment and to punish violations thereof. XI. Notification of Future Transactions with the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. 16, II. Events Giving Rise to the Alleged A. Unless such transaction is otherwise including making copies available to the Violation subject to the reporting and waiting period public of this Final Judgment, the requirements of the Hart-Scott-Rodino Competitive Impact Statement, and any A. Defendants and the Proposed Transaction Antitrust Improvements Act of 1976, as comments thereon and the United States’s On July 10, 2007, Altivity and Graphic amended, 15 U.S.C.18a (the ‘‘HSR Act’’), responses to comments. Based upon the announced plans to combine their businesses Defendants, without providing advance record before the Court, which includes the in a transaction valued at $1.75 billion. notification to the Antitrust Division of the Competitive Impact Statement and any Altivity and Graphic are, respectively, the United States Department of Justice (‘‘DOJ’’), comments and response to comments filed first and fourth largest producers of coated shall not directly or indirectly acquire any with the Court, entry of this Final Judgment recycled boxboard (‘‘CRB’’) in the United assets of or any interest, including any is in the public interest. States and Canada (hereinafter, ‘‘North financial, security, loan, equity or Date: llllllllllllllllll America’’). CRB is a type of paperboard used management interest, in any CRB mill or Court approval subject to procedures of the to make folding cartons used in consumer producer in North America during the term Antitrust Procedures and Penalties Act, 15 and commercial packaging, such as cereal of this Final Judgment if the value of such U.S.C. 16. boxes. Both companies are also major acquisition exceeds $2,000,000. lllllllllllllllllllll producers (or ‘‘converters’’) of folding cartons B. Such notification shall be provided to United States District Judge made from CRB. The total annual volume of CRB supplied to the packaging industry in the DOJ in the same format as, and per the The United States District Court for the North America is valued at approximately instructions relating to the Notification and District of Columbia $1.6 billion. The proposed merger would Report Form set forth in the Appendix to Part United States of America, Plaintiff, v. have created a single firm in control of 803 Title 16 of the Code of Federal Altivity Packaging, LLC and Graphic approximately 42 percent of the total supply Regulations as amended, except that the Packaging International, Inc., Defendants. of CRB in North America. information requested in Items 5 through 9 Case: I:08–cv–00400. Altivity, a Delaware limited liability of the instructions must be provided only Assigned to: Sullivan, Emmet G. company headquartered in Elk Grove Village, with respect to CRB. Notification shall be Assign. Date: 3/5/2008. Illinois, is the largest CRB producer in North provided at least thirty (30) calendar days Description: Antitrust. America. Altivity is also a major North prior to acquiring any such interest, and shall American converter of folding cartons made Competitive Impact Statement include, beyond what may be required by the from CRB and other types of paperboard. applicable instructions, the names of the Plaintiff United States of America (‘‘United Altivity owns and operates five paperboard principal representatives of the parties to the States’’), pursuant to Section 2(b) of the mills that produce CRB and 24 folding carton agreement who negotiated the agreement, Antitrust Procedures and Penalties Act converting plants in North America. and any management or strategic plans (‘‘APPA’’ or ‘‘Tunney Act’’), 15 U.S.C. 16(b)– Altivity’s CRB mills have a combined annual discussing the proposed transaction. If (h), files this Competitive Impact Statement production capacity of approximately within the 30-day period after notification, relating to the proposed Final Judgment 722,000 tons, or about 27 percent of total representatives of the DOJ make a written submitted for entry in this civil antitrust North American CRB supply. In 2006, request for additional information, proceeding. Altivity had total sales of approximately $2 billion, including approximately $660 defendants shall not consummate the I. Nature and Purpose of the Proceeding proposed transaction or agreement until million in North American sales of CRB and On March 5, 2008, the United States filed thirty (30) calendar days after submitting all folding cartons made from CRB. a civil antitrust complaint seeking to enjoin such additional information. Early Graphic, the fourth-largest CRB producer the proposed merger of Altivity Packaging, in North America, is incorporated in termination of the waiting periods in this LLC (‘‘Altivity’’) and Graphic Packaging Delaware and has its principal place of paragraph may be requested and, where International, Inc (‘‘Graphic’’). The business in Marietta, Georgia. Graphic owns appropriate, granted in the same manner as Complaint alleges that the likely effect of the and operates one CRB paperboard mill and is applicable under the requirements and merger would be to lessen competition 19 folding carton converting plants that provisions of the HSR Act and rules substantially in the production and sale of produce folding cartons from CRB and other promulgated thereunder. This section shall coated recycled boxboard (‘‘CRB’’) in North types of paperboard. Graphic’s CRB mill has be broadly construed and any ambiguity or America in violation of Section 7 of the a total annual production capacity of uncertainty regarding the filing of notice Clayton Act, 15 U.S.C. 18. This loss of approximately 390,000 tons, or about 15 under this section shall be resolved in favor competition likely would result in higher percent of total North American CRB supply. of filing notice. CRB prices in the United States. At the same In 2006, Graphic’s total sales were approximately $2.4 billion, including XII. No Reacquisition time the Complaint was filed, the United States also filed an Asset Preservation approximately $357 million in North Defendants may not reacquire any part of Stipulation and Order (‘‘Stipulation’’) and a American sales of CRB and folding cartons the Divestiture Mills or related Mill Assets proposed Final Judgment, which are made from CRB. during the term of this Final Judgment. designed to eliminate the anticompetitive Graphic also is the largest North American effects of the merger. producer of coated unbleached kraft XIII. Retention of Jurisdiction Under the proposed Final Judgment, which (‘‘CUK’’), another type of paperboard. This Court retains jurisdiction to enable is explained more fully in Section III, Graphic operates two CUK mills with a total any party to this Final Judgment to apply to Defendants are required to divest two annual production capacity of approximately this Court at any time for further orders and Altivity mills that manufacture CRB. Until 1.3 million tons, or about 55 percent of total directions as may be necessary or appropriate the Altivity CRB mills are sold and operated North American CUK supply. In 2006, to carry out or construe this Final Judgment, under new ownership, Defendants must Graphic had approximately $1 billion in to modify any of its provisions, to enforce ensure that the mills and related assets are North American sales of folding cartons compliance, and to punish violations of its operated as ongoing, economically viable, made from CUK. provisions. and competitive assets. B. Competitive Effects of the Proposed Merger The United States and Defendants have XIV. Expiration of Final Judgment stipulated that the proposed Final Judgment 1. CRB Is the Relevant Product Market Unless this Court grants an extension, this may be entered after compliance with the The Complaint alleges that the production Final Judgment shall expire ten (10) years APPA. Entry of the proposed Final Judgment and sale of CRB is a relevant product market from the date of its entry. would terminate this action, except that the within the meaning of Section 7 of the

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Clayton Act. CRB is a type of paperboard consuming, costly, and risky. The customer capacity or output. As a result, the North made from recycled paper. CRB is must first qualify the alternative substrate, American CRB market would likely manufactured by forming and building up and switching often requires modification of experience higher CRB prices than would multiple layers (or ‘‘plys’’) of recycled fiber, folding carton converting equipment and have prevailed absent the merger. and then applying a clay coating to the top end-users’ packaging lines. Customers of CRB Even if the relevant product market were layer. The clay-coated top layer provides CRB and CRB folding cartons likely would not broader than CRB and included CUK, the with a smooth surface for good graphics switch to URB, CUK, SBS, or any other proposed merger of Graphic and Altivity printability. The bottom layer is left in the potential substitutes in response to a small would also substantially increase natural color of the recycled fiber, typically but significant and non-transitory increase in concentration in the North American market. a greyish or brownish hue, depending on the CRB prices to an extent that would make In that event, the merger would produce a type of fiber used (grey, if recycled newsprint such a price increase unprofitable. single firm controlling approximately 49 is used; brown, if recycled corrugated boxes Based on relative price and performance percent of total North American supply of are used). for some customers, CUK would be the next CRB and CUK (combining Graphic’s 35 CRB is an intermediary product (often closest substitute for CRB, and any switching percent and Altivity’s 14 percent), and the called a ‘‘substrate’’ in the packaging by CRB customers to another substrate in four major post-merger competitors would industry) that undergoes conversion into response to a small but significant and non- have a collective market share of folding cartons. CRB is the preferred transitory increase in CRB prices would approximately 94 percent. The merger would paperboard substrate for a wide range of primarily be to CUK. Switching by some substantially raise market concentration in a relatively low-cost folding carton customers to CUK would not be sufficient to highly concentrated market, producing an applications, including dry food cartons such make a CRB price increase unprofitable, for HHI increase of approximately 991 and a as cereal boxes. CRB typically is the single reasons including that the two North post-merger HHI of approximately 3155. largest cost component of such folding American producers of CUK (of which 4. Neither Supply Responses Nor Entry cartons, accounting for as much as 65 percent Graphic is one) are currently operating at Would Constrain Likely Anticompetitive of the cost of the folding carton. near-capacity. However, if such switching to Effects of the Proposed Merger CUK would constrain a CRB price increase, In folding carton applications where CRB The Complaint alleges that supply is used, other types of paperboard are not CRB and CUK would constitute a relevant product market within the meaning of the responses from competitors or potential close substitutes for CRB. Uncoated recycled competitors would not likely prevent the boxboard (‘‘URB’’) is a lower-grade and Clayton Act, and the relevant market would be no larger than CRB and CUK. anticompetitive effects of the proposed lower-cost paperboard than CRB; it lacks the merger of Graphic and Altivity. As stated smooth coated surface that provides for good 2. North America Is a Relevant Geographic above, existing North American CRB graphics printability needed in most folding Market producers face capacity and other operational 1 carton applications. Coated unbleached kraft As alleged in the Complaint, North limitations that would constrain them from (‘‘CUK’’) is a clay-coated paperboard made America is a relevant geographic market for significantly expanding output in response to from virgin wood pulp rather than recycled the supply of CRB (and for the supply of CRB a post-merger Graphic-Altivity increase in paper, and has a brown-colored back. CUK and CUK) within the meaning of the Clayton the price of CRB. Further, to the extent that has greater strength and wet-resistance than Act. Due to relatively high transportation they have any additional capacity to produce CRB and is more expensive than CRB on a costs, unfavorable currency exchange rates, more CRB, these producers would likely find price per ton basis.2 Solid bleached sulfate and other cost and marketing disadvantages it most profitable to react to a Graphic- (‘‘SBS’’) is another type of paperboard made to importing foreign CRB, CUK, or potential Altivity price increase by raising their own from virgin wood pulp. Produced from substitutes for CRB or CUK into North prices. bleached white pulp, SBS is the most America, a small but significant and non- Foreign producers import into North expensive and highest grade of paperboard transitory increase in the prices of CRB America small quantities of CRB, collectively used in the folding carton industry.3 produced in North America would not likely accounting for approximately 90,000 tons Because of the price and performance cause foreign suppliers to increase North and three percent of total CRB sales in North distinctions between CRB and the other American sales in sufficient volumes to make America. The ability of foreign paperboard folding carton substrates, few customers of such a price increase unprofitable. producers to expand imports into North CRB and CRB folding cartons consider URB, 3. Anticompetitive Effects of the Proposed America is limited by their commitments to CUK, or SBS to be economical substitutes for Merger markets that are more profitable than North CRB. Further, even where another substrate America, as well as significant transportation can provide acceptable performance at a As alleged in the Complaint, the North costs, logistical difficulties, currency similar price, few customers will switch from American CRB market is highly concentrated. exchange differences, and other their existing substrate to an alternative The proposed merger of Graphic and Altivity disadvantages and competitive constraints to substrate because doing so is time would further increase the level of market importing into North America. Thus, the concentration by a substantial amount. The potential for expansion of foreign supply, by 1 URB is used in the construction industry to combination of Graphic and Altivity would itself or in combination with other supply make products such as backing for gypsum control approximately 42 percent of total responses, would not likely be sufficient to wallboard. URB is also used to produce paperboard North American CRB supply. The market constrain a small but significant and non- cores and tubes, such as industrial cores for would have only three major competitors transitory North American CRB price winding paper and other flexible materials, controlling a collective market share of increase. commercial mailing tubes, and tubes for paper approximately 86 percent. Using a standard New entry into the production and sale of towels and toilet paper rolls. concentration measure called the Herfindahl- 2 The large majority of CUK produced in North CRB or CUK is costly and time consuming. Herschman Index (or ‘‘HHI’’), the proposed Among other things, entry would require America is used to make beverage carriers (beer and merger would substantially raise market soft-drink cartons) and refrigerated and frozen food investments of over $100 million and two packaging. CUK is valued for its high strength and concentration in a highly concentrated years or more to construct and install resistance to wetness. market, producing an HHI increase of production equipment and facilities. New 3 SBS has a bright white finish on both sides, in approximately 788 and a post-merger HHI of entry is not likely to occur on a timely or contrast to CUK’s brown back and CRB’s grey or approximately 2745. sufficient basis in response to a small but brown back. SBS affords the best printing surface Further, the CRB market is currently significant and non-transitory post-merger of the paperboard grades, and is thus preferred operating at near capacity. Because of this CRB price increase in North America. despite its higher cost when superior printability is condition and the fact that the proposed required. Consequently, SBS is often used to make merger would substantially increase the III. Explanation of the Proposed Final cartons for higher-priced consumer goods, such as capacity upon which the merged firm would Judgment pharmaceuticals, cosmetics, and health and beauty products. When appropriately coated, SBS is also benefit from a price increase, the merger The proposed Final Judgment requires the used in certain types of packaging that come into would create incentives for a combined Defendants to divest two of Altivity’s CRB direct contact with food, again due to manufacturer Graphic-Altivity to close one or more CRB mills and all associated mill assets. The mills and consumer preferences for its white appearance. mills or to otherwise reduce CRB production to be divested by the Defendants are the

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Altivity mill in Wabash, Indiana, with an on the price obtained and the speed with comment should do so within sixty (60) days annual CRB production capacity of which the divestiture is accomplished. After of the date of publication of this Competitive approximately 159,000 tons, and the Altivity his or her appointment becomes effective, the Impact Statement in the Federal Register, or mill in Philadelphia, Pennsylvania, with an trustee will file monthly reports with the the last date of publication in a newspaper annual CRB production capacity of Court and the United States setting forth his of the summary of this Competitive Impact approximately 125,000 tons. or her efforts to accomplish the divestiture. Statement, whichever is later. All comments If Defendants do not divest the Wabash and If any of the requisite divestitures has not received during this period will be Philadelphia mills within a prescribed period been accomplished at the end of the trustee’s considered by the Department of Justice, of time, the proposed Final Judgment term, the trustee and the United States will which remains free to withdraw its consent provides for the Court to appoint a trustee, make recommendations to the Court, which to the proposed Final Judgment at any time upon application of the United States, to shall enter such orders as appropriate in prior to the Court’s entry of judgment. The accomplish the divestitures. If the trustee order to carry out the purpose of the trust, comments and the response of the United does not divest the Wabash and Philadelphia including extending the trust or the term of States will be filed with the Court and mills within a specified time period, the the trustee’s appointment. published in the Federal Register. Written proposed Final Judgment authorizes the Until the divestitures under the proposed comments should be submitted to: Joshua H. trustee to divest the Wabash mill and an Final Judgment have been accomplished, Soven, Chief, Litigation I Section, 1401 H Altivity mill in Santa Clara, California, with Defendants are required to comply with an Street, NW., Suite 4000, Antitrust Division, an annual CRB production capacity of Asset Preservation Stipulation and Order. U.S. Department of Justice, Washington, DC 135,000 tons, in lieu of the Philadelphia mill. Pursuant to this Stipulation and Order, the 20530. Defendants’ divestiture of the Wabash and Defendants are required to preserve, The proposed Final Judgment provides that Philadelphia mills would result in the sale of maintain, and operate the divestiture mills as the Court retains jurisdiction over this action, and the parties may apply to the Court for 284,000 tons of CRB production capacity, or ongoing businesses, and prohibited from any order necessary or appropriate for the approximately 11 percent of total North taking any action that would jeopardize the modification, interpretation, or enforcement American CRB capacity, to a competitor or divestitures required by the proposed Final of the Final Judgment. competitors of the merged firm. If a trustee Judgment. is required to sell the Wabash and Santa Finally, the proposed Final Judgment sets VI. Alternatives to the Proposed Final Clara mills, approximately 299,000 tons of forth a process for and the circumstances Judgment CRB production capacity, or approximately when Defendants must notify the United The United States considered, as an 12 percent of total North American CRB States of future acquisitions by Defendants of alternative to the proposed Final Judgment, capacity, would be divested. Under the a CRB mill or producer valued in excess of a full trial on the merits against Defendants. proposed Final Judgment, the two mills may $2 million. This notification requirement The United States could have sought be sold to a single buyer, or to two separate would apply to transactions not otherwise preliminary and permanent injunctions buyers, with the approval of the United subject to the reporting and waiting period against the proposed merger. The United States in its sole discretion. In addition, the requirements under the Hart-Scott-Rodino States is satisfied, however, that the Defendants are required to satisfy the United Antitrust Improvements Act of 1976 and runs divestitures required by the proposed Final States in its sole discretion that the divested for ten years from entry of the Final Judgment will preserve competition in the assets will be operated as viable ongoing Judgment. The provision is intended to market identified by the United States and businesses that will compete effectively in ensure that any such acquisition does not that such a remedy would achieve all or the North American CRB market, and that the undermine the benefits generated from the substantially all of the relief the United divestitures will successfully remedy the divestitures required by the proposed Final States would have obtained through otherwise anticipated anticompetitive effects Judgment. litigation, but avoids the time, uncertainty, of the proposed merger. and the expense of a full trial on the merits IV. Remedies Available to Potential Private In evaluating the likely competitive effects of the Complaint. of the proposed merger, the United States Litigants considered market shares, costs of Section 4 of the Clayton Act, 15 U.S.C. 15, VII. Standard of Review Under the APPA for production, current and historical industry provides that any person who has been the Proposed Final Judgment capacity and utilization, current and injured as a result of conduct prohibited by The Clayton Act, as amended by the APPA, historical CRB market pricing, historical and the antitrust laws may bring suit in federal requires that proposed consent judgments in projected market demand for CRB, and the court to recover three times the damages the antitrust cases brought by the United States relative demand elasticities of CRB and its person has suffered, as well as costs and be subject to a 60-day comment period, after next closest substitute, CUK. The United reasonable attorneys’ fees. Entry of the which the court shall determine whether States concluded that allowing the merger as proposed Final Judgment will neither impair entry of the proposed Final Judgment ‘‘is in proposed would give the merged firm control nor assist the bringing of any private antitrust the public interest.’’ 15 U.S.C. 16(e)(1). In of a sufficiently large amount of industry damage action. Under the provisions of making that determination, the court, in capacity as to create an incentive to reduce Section 5(a) of the Clayton Act, 15 U.S.C. accordance with the statute as amended in its CRB production capacity or output. The 16(a), the proposed Final Judgment has no 2004, is required to consider: merged firm would have such an incentive prima facie effect in any subsequent private (A) The competitive impact of such because its CRB capacity would have been lawsuit that may be brought against the judgment, including termination of alleged large enough to allow it to gain from an defendants. violations, provisions for enforcement and increase in the price of CRB by an amount modification, duration of relief sought, V. Procedures for Modification of the that would exceed losses associated with the anticipated effects of alternative remedies Proposed Final Judgment contraction of capacity or output necessary to actually considered, whether its terms are generate such a price increase. The The United States and Defendants have ambiguous, and any other competitive divestitures required by the proposed Final stipulated that the proposed Final Judgment considerations bearing upon the adequacy of Judgment would remove this incentive by may be entered by the Court after compliance such judgment that the court deems significantly reducing the merged firm’s with the provisions of the APPA, provided necessary to a determination of whether the capacity and output and placing it in the that the United States has not withdrawn its consent judgment is in the public interest; hands of a competitor or competitors. As a consent. The APPA conditions entry upon and result, the merged firm would not be able to the Court’s determination that the proposed (B) The impact of entry of such judgment recoup the losses associated with a Final Judgment is in the public interest. upon competition in the relevant market or contraction of capacity or output. The APPA provides a period of at least markets, upon the public generally and If a trustee is appointed, the proposed sixty (60) days preceding the effective date of individuals alleging specific injury from the Final Judgment provides that Defendants will the proposed Final Judgment within which violations set forth in the complaint pay all costs and expenses of the trustee. The any person may submit to the United States including consideration of the public benefit, trustee’s commission will be structured so as written comments regarding the proposed if any, to be derived from a determination of to provide an incentive for the trustee based Final Judgment. Any person who wishes to the issues at trial.

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15 U.S.C. 16(e)(1)(A) & (B). In considering at 1461 (noting the need for courts to be court, with the recognition that the court’s these statutory factors, the court’s inquiry is ‘‘deferential to the government’s predictions ‘‘scope of review remains sharply proscribed necessarily a limited one as the government as to the effect of the proposed remedies’’); by precedent and the nature of Tunney Act is entitled to ‘‘broad discretion to settle with United States v. Archer-Daniels-Midland Co., proceedings.’’ SBC Commc’ns, 489 F. Supp. the defendant within the reaches of the 272 F. Supp. 2d 1, 6 (D.D.C. 2003) (noting 2d at 11.6 public interest.’’ United States v. Microsoft that the court should grant due respect to the Corp., 56 F.3d 1448, 1461 (D.C. Cir. 1995); United States’ prediction as to the effect of VIII. Determinative Documents see generally United States v. SBC proposed remedies, its perception of the There are no determinative materials or Commc’ns, Inc., 489 F. Supp. 2d 1 (D.D.C. market structure, and its views of the nature documents within the meaning of the APPA 2007) (assessing public interest standard of the case). that were considered by the United States in under the Tunney Act).4 Courts have greater flexibility in approving formulating the proposed Final Judgment. As the United States Court of Appeals for proposed consent decrees than in crafting Dated: March 5, 2008. the District of Columbia Circuit has held, their own decrees following a finding of Respectfully submitted, under the APPA a court considers, among liability in a litigated matter. ‘‘[A] proposed Weeun Wang, Attorney, other things, the relationship between the decree must be approved even if it falls short U.S. Department of Justice, remedy secured and the specific allegations of the remedy the court would impose on its Antitrust Division, set forth in the government’s complaint, own, as long as it falls within the range of Litigation I Section, whether the decree is sufficiently clear, acceptability or is ‘‘within the reaches of 1401 H Street, NW., Suite 4000, whether enforcement mechanisms are public interest.’’ United States v. Am. Tel. & Washington, DC 20530, sufficient, and whether the decree may Tel. Co., 552 F. Supp. 131, 151 (D.D.C. 1982) (202) 307–3952. positively harm third parties. See Microsoft, (citations omitted) (quoting United States v. 56 F.3d at 1458–62. With respect to the Gillette Co., 406 F. Supp. 713, 716 (D. Mass. [FR Doc. E8–7235 Filed 4–8–08; 8:45 am] adequacy of the relief secured by the decree, 1975)), aff’d sub nom. Maryland v. United BILLING CODE 4410–11–M a court may not ‘‘engage in an unrestricted States, 460 U.S. 1001 (1983); see also United evaluation of what relief would best serve the States v. Alcan Aluminum Ltd., 605 F. Supp. public.’’ United States v. BNS, Inc., 858 F.2d 619, 622 (W.D. Ky. 1985) (approving the NATIONAL AERONAUTICS AND 456, 462 (9th Cir. 1988) (citing United States consent decree even though the court would v. Bechtel Corp., 648 F.2d 660, 666 (9th Cir. have imposed a greater remedy). To meet this SPACE ADMINISTRATION 1981)); see also Microsoft, 56 F.3d at 1460– standard, the United States ‘‘need only [NOTICE: 08–026] 62; United States v. Alcoa, Inc., 152 F. Supp. provide a factual basis for concluding that 2d 37,40 (D.D.C. 2001). Courts have held that: the settlements are reasonably adequate Notice of Information Collection Under [t]he balancing of competing social and remedies for the alleged harms.’’ SBC OMB Review political interests affected by a proposed Commc’ns, 489 F. Supp. 2d at 17. antitrust consent decree must be left, in the Moreover, the court’s role under the APPA AGENCY: National Aeronautics and first instance, to the discretion of the is limited to reviewing the remedy in Space Administration (NASA). Attorney General. The court’s role in relationship to the violations that the United protecting the public interest is one of States has alleged in its Complaint, and does ACTION: Notice of information collection insuring that the government has not not authorize the court to ‘‘construct [its] under OMB review. breached its duty to the public in consenting own hypothetical case and then evaluate the to the decree. The court is required to decree against that case.’’ Microsoft, 56 F.3d SUMMARY: The National Aeronautics and determine not whether a particular decree is at 1459. Because the ‘‘court’s authority to Space Administration, as part of its the one that will best serve society, but review the decree depends entirely on the continuing effort to reduce paperwork whether the settlement is ‘‘within the reaches government’s exercising its prosecutorial and respondent burden, invites the of the public interest.’’ More elaborate discretion by bringing a case in the first general public and other Federal requirements might undermine the place,’’ it follows that ‘‘the court is only agencies to take this opportunity to effectiveness of antitrust enforcement by authorized to review the decree itself,’’ and comment on proposed and/or consent decree. not to ‘‘effectively redraft the complaint’’ to continuing information collections, as Bechtel, 648 F.2d at 666 (emphasis added) inquire into other matters that the United required by the Paperwork Reduction (citations omitted).5 In determining whether States did not pursue. Id. at 1459–60. As this a proposed settlement is in the public Court recently confirmed in SBC Act of 1995 (Pub. L. 104–13, 44 U.S.C. interest, a district court ‘‘must accord Communications, courts ‘‘cannot look 3506(c)(2)(A)). deference to the government’s predictions beyond the complaint in making the public DATES: All comments should be about the efficacy of its remedies, and may interest determination unless the complaint submitted within 30 calendar days from not require that the remedies perfectly match is drafted so narrowly as to make a mockery the date of this publication. the alleged violations.’’ SBC Commc’ns, 489 of judicial power.’’ SBC Commc’ns, 489 F. F. Supp. 2d at 17; see also Microsoft, 56 F.3d Supp. 2d at 15. ADDRESSES: All comments should be In its 2004 amendments, Congress made addressed to Sharon Mar, Office of 4 The 2004 amendments substituted ‘‘shall’’ for clear its intent to preserve the practical Information and Regulatory Affairs; ‘‘may’’ in directing relevant factors for court to benefits of utilizing consent decrees in consider and amended the list of factors to focus on antitrust enforcement, adding the 6 See United States v. Enova Corp., 107 F. Supp. competitive considerations and to address unambiguous instruction that ‘‘[n]othing in 2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney potentially ambiguous judgment terms. Compare 15 this section shall be construed to require the Act expressly allows the court to make its public U.S.C. 16(e) (2004), with 15 U.S.C. 16(e)(1) (2006); court to conduct an evidentiary hearing or to interest determination on the basis of the see also SBC Commc’ns, 489 F. Supp. 2d at 11 require the court to permit anyone to competitive impact statement and response to (concluding that the 2004 amendments ‘‘effected comments alone’’); United States v. Mid-Am. minimal changes’’ to Tunney Act review). intervene.’’ 15 U.S.C. 16(e)(2). The language Dairymen, Inc., 1977–1 Trade Cas. (CCH) ¶ 61,508, 5 Cf. BNS, 858 F.2d at 464 (holding that the wrote into the statute what Congress at 71,980 (W.D. Mo. 1977) (‘‘Absent a showing of court’s ‘‘ultimate authority under the [APPA] is intended when it enacted the Tunney Act in corrupt failure of the government to discharge its limited to approving or disapproving the consent 1974, as Senator Tunney explained: ‘‘[t]he duty, the Court, in making its public interest decree’’); United States v. Gillette Co., 406 F. Supp. court is nowhere compelled to go to trial or finding, should * * * carefully consider the 713, 716 (D. Mass. 1975) (noting that, in this way, to engage in extended proceedings which explanations of the government in the competitive the court is constrained to ‘‘look at the overall might have the effect of vitiating the benefits impact statement and its responses to comments in picture not hypercritically, nor with a microscope, of prompt and less costly settlement through order to determine whether those explanations are but with an artist’s reducing glass’’). See generally reasonable under the circumstances.’’); S. Rep. No. Microsoft, 56 F.3d at 1461 (discussing whether ‘‘the the consent decree process.’’ 119 Cong. Rec. 93–298, 93d Cong., 1st Sess., at 6 (1973) (‘‘Where remedies [obtained in the decree are] so 24,598 (1973) (statement of Senator Tunney). the public interest can be meaningfully evaluated inconsonant with the allegations charged as to fall Rather, the procedure for the public interest simply on the basis of briefs and oral arguments, outside of the ‘‘reaches of the public interest’’). determination is left to the discretion of the that is the approach that should be utilized.’’).

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Room 10236; New Executive Office collection techniques or the use of other Public Law 105–220 (20 U.S.C. 9252). Building; Washington, DC 20503. forms of information technology. The Board consists of 10 individuals FOR FURTHER INFORMATION CONTACT: Comments submitted in response to appointed by the President with the Requests for additional information or this notice will be summarized and advice and consent of the Senate. The copies of the information collection included in the request for OMB Board advises and makes instrument(s) and instructions should approval of this information collection. recommendations to the Interagency be directed to Dr. Walter Kit, NASA They will also become a matter of Group that administers the Institute. PRA Officer, NASA Headquarters, 300 E public record. The Interagency Group is composed of the Secretaries of Education, Labor, and Street SW., JE0000, Washington, DC Gary Cox, Health and Human Services. The 20546, (202) 358–1350, Walter.Kit- Associate Chief Information Officer (Acting). [email protected]. Interagency Group considers the Board’s [FR Doc. E8–7392 Filed 4–8–08; 8:45 am] recommendations in planning the goals SUPPLEMENTARY INFORMATION: BILLING CODE 7510–13–P of the Institute and in implementing any I. Abstract programs to achieve those goals. Specifically, the Board performs the The need for educational survey(s) is NATIONAL INSTITUTE FOR LITERACY following functions: (a) Makes to inform NASA and specific projects recommendations concerning the about education and programmatic National Institute for Literacy Advisory appointment of the Director and the issues and topics leading to improved Board staff of the Institute; (b) provides customer service for stakeholders. The AGENCY: National Institute for Literacy. independent advice on operation of the NASA-funded education programs Institute; and (c) receives reports from served are primarily from the Earth ACTION: Notice of an open meeting with a closed session. the Interagency Group and the Science education initiatives. Institute’s Director. II. Method of Collection SUMMARY: This notice sets forth the The purpose of this meeting is to schedule and proposed agenda of an discuss the Institute’s future and current NASA will utilize a Web-based upcoming open meeting of the National program priorities; status of on-going education survey to inform NASA and Institute for Literacy Advisory Board. Institute work; other relevant literacy specific projects about education and The notice also describes the functions activities and issues; and other Board programmatic issues and topics leading of the Committee. Notice of this meeting business as necessary. to improved customer service for its is required by Section 10(a)(2) of the On April 25, 2008 from 11:30 a.m. to stakeholders. The NASA education Federal Advisory Committee Act and is programs served, including those from 12:15 p.m., the Board will meet in intended to notify the public of its closed session to discuss personnel REASON (Research, Education and opportunity to attend. Applications Solutions Network) issues. This discussion relates to the DATES: program are primarily from Earth April 24–25, 2008. internal personnel rules and practices of Time: April 24 from 8:30 a.m.–5 p.m.; Science initiatives. the Institute, including consideration of April 25 from 8:30 a.m.–11:30 a.m. and the Director’s term of appointment and III. Data 12:15 p.m.–2 p.m.; closed session April performance. The discussion is likely to Title: NASA Education Customer 25 from 11:30 a.m.–12:15 p.m. disclose information of a personal Survey. ADDRESSES: On April 24: U.S. nature where disclosure would OMB Number: 2700–XXXX. Department of Labor, 200 Constitution constitute a clearly unwarranted Type of Review: New Collection. Avenue NW., 5th Floor, Room C5515 invasion of personnel privacy. The Affected Public: Individuals or (Executive Board Room), Washington, discussion must therefore be held in households, business and other for- DC 20210. The general public is advised closed session under exemptions 2 and profit, and Federal Government. to notify Steve Langley no later than 6 of the Government in the Sunshine Estimated Number of Respondents: April 17, 2008 to attend the first day of Act, 5 U.S.C. 552b(c)(2) and (6). A 5000. the meeting at the U.S. Department of summary of the activities at the closed Estimated Time Per Response: 0.25 Labor. Mr. Langley can be reached at session and related matters that are hours. telephone number (202) 233–2043 or by informative to the public and consistent Estimated Total Annual Burden e-mail at [email protected]. with the policy of 5 U.S.C. 552b will be Hours: 1250. All attendees must have valid photo available to the public within 14 days of Estimated Total Annual Cost: identification. the meeting. $31,500. On April 25: The National Institute Individuals who will need for Literacy, 1775 I St. NW., Suite 730, accommodations for a disability in order IV. Request for Comments Washington, DC 20006. to attend the meeting (e.g., interpreting Comments are invited on: (1) Whether FOR FURTHER INFORMATION CONTACT: services, assistance listening devices, or the proposed collection of information Steve Langley, Staff Assistant, the materials in alternative format) should is necessary for the proper performance National Institute for Literacy; 1775 I St. notify Steve Langley at 202 233–2043 no of the functions of NASA, including NW., Suite 730; phone:(202) 233–2043; later than April 17, 2008. We will whether the information collected has fax:(202) 233–2050; e-mail: attempt to meet requests for practical utility; (2) the accuracy of [email protected]. accommodations after this date but NASA’s estimate of the burden Individuals who use a cannot guarantee their availability. The (including hours and cost) of the telecommunications device for the deaf meeting site is accessible to individuals proposed collection of information; (3) (TDD) may call the Federal Information with disabilities. ways to enhance the quality, utility, and Relay Service (FRS) at 1–800–877–8339. Request for Public Written Comment. clarity of the information to be SUPPLEMENTARY INFORMATION: The The public may send written comments collected; and (4) ways to minimize the National Institute for Literacy Advisory to the Advisory Board no later than 5 burden of the collection of information Board is authorized by section 242 of p.m. on April 17, 2008, to Steve Langley on respondents, including automated the Workforce Investment Act of 1998, at the National Institute for Literacy,

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1775 I St. NW., Suite 730, Washington, Pennsylvania to assume regulatory program. The agency made a copy of the DC 20006, e-mail: [email protected]. authority over the possession and use of staff assessment available in the NRC’s Records are kept of all Committee byproduct material as defined in Public Document Room (PDR) and proceedings and are available for public Sections 11e.(1), 11e.(3), and 11e.(4) of electronically on NRC’s Web site. Based inspection at the National Institute for the Act, source material, special nuclear on the staff’s assessment, the Literacy, 1775 I St. NW., Suite 730, materials (in quantities not sufficient to Commission determined on February Washington, DC 20006, from the hours form a critical mass), and land disposal 12, 2008, that the proposed of 9 a.m. to 5 p.m., Eastern Time of all waste for such materials. Under Pennsylvania program for control of Monday through Friday. the Agreement, a person in radiation hazards is adequate to protect Electronic Access to This Document: Pennsylvania possessing these materials public health and safety, and You may view this document, as well as is exempt from certain Commission compatible with the Commission’s all other documents of this Department regulations. The exemptions have been program. published in the Federal Register, in previously published in the Federal Documents may be examined and/or text or Adobe Portable Document Register and are codified in the copied for a fee, at the NRC’s PDR, Format (PDF) on the Internet at the Commission’s regulations as 10 CFR located at One White Flint North, 11555 following site: http://www.ed.gov/news/ Part 150. Approximately 650 licenses Rockville Pike (first floor), Rockville, federegister. have been transferred to Pennsylvania’s Maryland. Documents referred to in this To use PDF you must have Adobe jurisdiction. This Agreement became notice and other publicly available Acrobat Reader, which is available free effective on March 31, 2008, and is documents are available electronically at this site. If you have questions about published here as required by Section at the NRC’s Public Electronic Reading using PDF, call the U.S. Government 274e. of the Act. Room on the Internet at the NRC Web Printing Office (GPO), toll free at 1–888– Notice of Waiver Termination site, http://www.nrc.gov/reading-rm/ 293–6498; or in the Washington, DC, adams.html. From this site, the public area at (202) 512–1530. On March 31, 2008, the Commission can gain entry into the NRC’s terminated the time-limited waivers of Note: The official version of this document Agencywide Document Access and is the document published in the Federal the Energy Policy Act of 2005 Management System (ADAMS), which Register. Free Internet access to the official requirements granted by the provides text and image files of NRC’s edition of the Federal Register and the Code Commission (70 FR 51581; August 31, public documents. If you do not have of Federal Regulations is available on GPO 2005) to Pennsylvania for byproduct access to ADAMS or if there are Access at: http://www.gpoaccess.gov/nara/ material as defined in Sections 11e.(3) index.html. problems in accessing the documents and 11e.(4) of the Act. located in ADAMS, contact the NRC Dated: April 3, 2008. FOR FURTHER INFORMATION CONTACT: Kim PDR Reference staff at 1–800–397–4209, Lukes, Division of Materials Safety and Sandra Baxter, 301–415–4737 or by e-mail to State Agreements, Office of Federal and [email protected]. Director, The National Institute for Literacy. State Materials and Environmental [FR Doc. E8–7402 Filed 4–8–08; 8:45 am] Management Programs, U.S. Nuclear Dated at Rockville, Maryland, this 4th day BILLING CODE 6055–01–P Regulatory Commission, Washington, of April 2008. DC 20555–0001. Telephone 301–415– For the U.S. Nuclear Regulatory 6701; e-mail [email protected]. Commission. Annette L. Vietti-Cook, NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: The NRC COMMISSION published the draft Agreement in the Secretary of the Commission. Commonwealth of Pennsylvania: Federal Register for comment once a Agreement Between the United States Discontinuance of Certain Commission week for four consecutive weeks on Nuclear Regulatory Commission and Regulatory Authority Within the State; June 18, 2007 (72 FR 33541), June 25, the Commonwealth of Pennsylvania for Notice of Agreement Between the 2007 (72 FR 34728), July 2, 2007 (72 FR the Discontinuance of Certain Nuclear Regulatory Commission and 36069), and July 9, 2007 (72 FR 37268), Commission Regulatory Authority and the Commonwealth of Pennsylvania; as required by the Act. The public Responsibility Within the Notice of Waiver Termination comment period ended on July 18, 2007. Commonwealth Pursuant to Section 274 The Commission received two comment of the Atomic Energy Act of 1954, as AGENCY: Nuclear Regulatory letters. The comments do not affect the Amended Commission. NRC staff’s assessment, which finds that ACTION: Notice of Agreement between the Pennsylvania Agreement materials Whereas, The United States Nuclear the U.S. Nuclear Regulatory program is adequate to protect public Regulatory Commission (hereinafter Commission and the Commonwealth of health and safety and compatible with referred to as the Commission) is Pennsylvania. the NRC’s program. The proposed authorized under Section 274 of the Pennsylvania Agreement is consistent Atomic Energy Act of 1954, as amended, SUMMARY: This notice is announcing with Commission policy and thus meets 42 U.S.C. 2011 et seq. (hereinafter that on March 10, 2008, Dr. Dale E. the criteria for an Agreement with the referred to as the Act), to enter into Klein, Chairman of the U.S. Nuclear Commission. agreements with the Governor of any Regulatory Commission (NRC), and on After considering the request for an State/Commonwealth providing for March 26, 2008, Governor Edward G. Agreement by the Governor of discontinuance of the regulatory Rendell of the Commonwealth of Pennsylvania, the supporting authority of the Commission within the Pennsylvania signed an Agreement as documentation submitted with the State/Commonwealth under Chapters 6, authorized by Section 274b. of the request for an Agreement, and its 7, and 8, and Section 161 of the Act Atomic Energy Act of 1954, as amended interactions with the staff of the with respect to byproduct materials as (the Act). The Agreement provides for Pennsylvania Bureau of Radiation defined in Sections 11e.(1), 11e.(2), the Commission to discontinue its Protection, the NRC staff completed an 11e.(3), and 11e.(4) of the Act, source regulatory authority and for assessment of the Pennsylvania materials, and special nuclear materials

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in quantities not sufficient to form a 2. Byproduct materials as defined in rule, regulation, or order, require that critical mass; and, Section 11e.(3) of the Act; the manufacturer, processor, or Whereas, The Governor of the 3. Byproduct materials as defined in producer of any equipment, device, Commonwealth of Pennsylvania is Section 11e.(4) of the Act; commodity, or other product containing authorized under the Pennsylvania 4. Source materials; source, byproduct, or special nuclear Radiation Protection Act of July 10, 5. Special nuclear materials in material shall not transfer possession or 1984, Public Law 688, No. 147, as quantities not sufficient to form a control of such product except pursuant amended, 35 P.S. 7110.101 et seq., to critical mass; to a license or an exemption from enter into this Agreement with the 6. The regulation of the land disposal licensing issued by the Commission. Commission; and, of all byproduct, source, and special Whereas, The Governor of the nuclear waste materials covered by this Article V Commonwealth of Pennsylvania Agreement. This Agreement shall not affect the certified on November 9, 2006, that the authority of the Commission under Article II Commonwealth of Pennsylvania Section 161b or 161i of the Act to issue (hereinafter referred to as the This Agreement does not provide for rules, regulations, or orders to protect Commonwealth) has a program for the discontinuance of any authority and the the common defense and security, to control of radiation hazards adequate to Commission shall retain authority and protect restricted data, or to guard protect public health and safety with responsibility with respect to the against the loss or diversion of special respect to the materials within the following: nuclear material. 1. The regulation of the construction Commonwealth covered by this Article VI Agreement, and that the Commonwealth and operation of any production or desires to assume regulatory utilization facility or any uranium The Commission will cooperate with responsibility for such materials; and, enrichment facility; the Commonwealth and other Whereas, The Commission found on 2. The regulation of the export from Agreement States in the formulation of February 12, 2008, that the program of or import into the United States of standards and regulatory programs of the Commonwealth for the regulation of byproduct, source, or special nuclear the Commonwealth and the the materials covered by this Agreement material, or of any production or Commission for protection against is compatible with the Commission’s utilization facility; hazards of radiation and to assure that program for the regulation of such 3. The regulation of the disposal into Commission and Commonwealth materials and is adequate to protect the ocean or sea of byproduct, source, or programs for protection against hazards public health and safety; and, special nuclear materials waste as of radiation will be coordinated and Whereas, The Commonwealth and the defined in the regulations or orders of compatible. The Commonwealth agrees Commission recognize the desirability the Commission; to cooperate with the Commission and and importance of cooperation between 4. The regulation of the disposal of other Agreement States in the the Commission and the such other byproduct, source, or special formulation of standards and regulatory Commonwealth in the formulation of nuclear materials waste as the programs of the Commonwealth and the standards for protection against hazards Commission from time to time Commission for protection against of radiation and in assuring that determines by regulation or order hazards of radiation and to assure that Commonwealth and Commission should, because of the hazards or the Commonwealth’s program will programs for protection against hazards potential hazards thereof, not be continue to be compatible with the of radiation will be coordinated and disposed without a license from the program of the Commission for the compatible; and, Commission; regulation of materials covered by this Whereas, The Commission and the 5. The evaluation of radiation safety Agreement. Commonwealth recognize the information on sealed sources or The Commonwealth and the desirability of the reciprocal recognition devices containing byproduct, source, or Commission agree to keep each other of licenses, and of the granting of special nuclear materials and the informed of proposed changes in their limited exemptions from licensing of registration of the sealed sources or respective rules and regulations and to those materials subject to this devices for distribution, as provided for provide each other the opportunity for Agreement; and, in regulations or orders of the early and substantive contribution to the Whereas, This Agreement is entered Commission; proposed changes. into pursuant to the provisions of the 6. Byproduct materials as defined in The Commonwealth and the Act; Section 11e.(2) of the Act. Commission agree to keep each other Now, therefore, It is hereby agreed informed of events, accidents, and Article III between the Commission and the licensee performance that may have Governor of the Commonwealth acting With the exception of those activities generic implications or otherwise be of on behalf of the Commonwealth as identified in Articles II, paragraphs 1 regulatory interest. through 4, this Agreement may be follows: Article VII amended, upon application by the Article I Commonwealth and approval by the The Commission and the Subject to the exceptions provided in Commission, to include one or more of Commonwealth agree that it is desirable Articles II, IV, and V, the Commission the additional activities specified in to provide reciprocal recognition of shall discontinue, as of the effective Article II, paragraphs 5 and 6, whereby licenses for the materials listed in date of this Agreement, the regulatory the Commonwealth may then exert Article I licensed by the other party or authority of the Commission in the regulatory authority and responsibility by any other Agreement State. Commonwealth under Chapters 6, 7, with respect to those activities. Accordingly, the Commission and the and 8, and Section 161 of the Act with Commonwealth agree to develop respect to the following materials: Article IV appropriate rules, regulations, and 1. Byproduct materials as defined in Notwithstanding this Agreement, the procedures by which such reciprocity Section 11e.(1) of the Act; Commission may from time to time by will be accorded.

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Article VIII NUCLEAR REGULATORY radiological criteria for license COMMISSION termination have been met. The Commission, upon its own initiative after reasonable notice and [Docket No. 040–06394] II. Opportunity To Request a Hearing opportunity for hearing to the The NRC hereby provides notice that Notice of Consideration of Amendment Commonwealth, or upon request of the this is a proceeding on an application Request for Decommissioning of the for a license amendment regarding the Governor of the Commonwealth, may Department of the Army, U.S. Army decommissioning of Range 14. Any terminate or suspend all or part of this Research, Development and Agreement and reassert the licensing person whose interest may be affected Engineering Command, Army by this proceeding and who desires to and regulatory authority vested in it Research Laboratory, Aberdeen under the Act if the Commission finds participate as a party must file a request Proving Ground, Maryland and for a hearing and, a specification of the that (1) such termination or suspension Opportunity To Request a Hearing is required to protect public health and contentions which the person seeks to have litigated in the hearing, in safety, or (2) the Commonwealth has not AGENCY: Nuclear Regulatory accordance with the NRC E-Filing rule, complied with one or more of the Commission. which the NRC promulgated in August, requirements of Section 274 of the Act. ACTION: Notice of amendment request and opportunity to request a hearing. 2007, 72 FR 49139 (Aug. 28, 2007). The The Commission may also, pursuant to E-Filing rule requires participants to Section 274j of the Act, temporarily submit and serve documents over the suspend all or part of this Agreement if, DATES: A request for a hearing must be filed by June 9, 2008. internet or in some cases to mail copies in the judgment of the Commission, an on electronic storage media. Participants FOR FURTHER INFORMATION CONTACT: emergency situation exists requiring may not submit paper copies of their immediate action to protect public Betsy Ullrich, Senior Health Physicist, filings unless they seek a waiver in health and safety and the Commercial and R&D Branch, Division accordance with the procedures Commonwealth has failed to take of Nuclear Materials Safety, Region I, described below. necessary steps. The Commission shall U.S. Nuclear Regulatory Commission, To comply with the procedural King of Prussia, PA 19406. Telephone: periodically review actions taken by the requirements of E-Filing, at least five (5) (610) 337–5040; fax number: (610) 337– Commonwealth under this Agreement days prior to the filing deadline, the 5269; or e-mail: [email protected]. to ensure compliance with Section 274 petitioner/requester must contact the of the Act which requires a SUPPLEMENTARY INFORMATION: Office of the Secretary by e-mail at Commonwealth program to be adequate I. Introduction [email protected], or by calling (301) 415–1677, to request (1) a to protect public health and safety with The Nuclear Regulatory Commission respect to the materials covered by this digital ID certificate, which allows the (NRC) is considering issuance of a participant (or its counsel or Agreement and to be compatible with license amendment to Source Material representative) to digitally sign the Commission’s program. License No. SMB–141 issued to the documents and access the E-Submittal Article IX Department of the Army, U.S. Army server for any proceeding in which it is Research, Development and Engineering participating; and/or (2) creation of an This Agreement shall become Command, Army Research Laboratory electronic docket for the proceeding effective on March 31, 2008, and shall (the Licensee), to authorize (even in instances in which the remain in effect unless and until such decommissioning of its Army Research petitioner/requester (or its counsel or time as it is terminated pursuant to Laboratory (ARL) Experimental Facility representative) already holds an NRC- Article VIII. 14, formally known as Range 14, at the issued digital ID certificate). Each Aberdeen Proving Ground, Maryland petitioner/requester will need to Done at Rockville, Maryland, in triplicate, (the Facility), under the Licensee’s download the Workplace Forms this 10th day of March, 2008. Decommissioning Plan (DP). ViewerTM to access the Electronic For the United States Nuclear Regulatory An NRC administrative review, Information Exchange (EIE), a Commission. documented in a letter to the Army component of the E-Filing system. The Dale E. Klein, Research Laboratory dated December 18, Workplace Forms ViewerTM is free and Chairman. 2007, found the DP acceptable to begin is available at http://www.nrc.gov/site- a technical review. Done at Harrisburg, Pennsylvania, in help/e-submittals/install-viewer.html . If the NRC approves the DP, the triplicate, this 26th day of March, 2008. Information about applying for a digital approval will be documented in an ID certificate is available on NRC’s For the Commonwealth of Pennsylvania. amendment to NRC License No. SMB– public website at http://www.nrc.gov/ Edward G. Rendell, 141. However, before approving the site-help/e-submittals/apply- Governor. proposed amendment, the NRC will certificates.html. [FR Doc. E8–7444 Filed 4–8–08; 8:45 am] need to make the findings required by Once a petitioner/requester has the Atomic Energy Act of 1954, as obtained a digital ID certificate, had a BILLING CODE 7590–01–P amended, and NRC’s regulations. These docket created, and downloaded the EIE findings will be documented in a Safety viewer, it can then submit a request for Evaluation Report and an hearing or petition for leave to Environmental Assessment and/or an intervene. Submissions should be in Environmental Impact Statement. The Portable Document Format (PDF) in license will be amended to authorize accordance with NRC guidance release of the Facility for unrestricted available on the NRC public website at use if this amendment is approved http://www.nrc.gov/site-help/e- following completion of submittals.html. A filing is considered decommissioning activities and complete at the time the filer submits its verification by the NRC that the documents through EIE. To be timely,

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an electronic filing must be submitted to balancing of the factors specified in 10 4. Demonstrate that the issue raised in the EIE system no later than 11:59 p.m. CFR 2.309(c)(1)(i)–(c)(1)(viii). To be the contention is material to the Eastern Time on the due date. Upon timely, filings must be submitted no findings that the NRC must make to receipt of a transmission, the E-Filing later than 11:59 p.m. Eastern Time on support the action that is involved in system time-stamps the document and the due date. the proceeding; sends the submitter an e-mail notice Documents submitted in adjudicatory 5. Provide a concise statement of the confirming receipt of the document. The proceedings will appear in NRC’s alleged facts or expert opinions which EIE system also distributes an e-mail electronic hearing docket which is support the requester’s/petitioner’s notice that provides access to the available to the public at http:// position on the issue and on which the document to the NRC Office of the ehd.nrc.gov/EHD Proceeding/home.asp, requester/petitioner intends to rely to General Counsel and any others who unless excluded pursuant to an order of support its position on the issue; and have advised the Office of the Secretary the Commission, an Atomic Safety and 6. Provide sufficient information to that they wish to participate in the Licensing Board, or a Presiding Officer. show that a genuine dispute exists with proceeding, so that the filer need not Participants are requested not to include the applicant on a material issue of law serve the documents on those social security numbers in their filings. or fact. This information must include participants separately. Therefore, With respect to copyrighted works, references to specific portions of the applicants and other participants (or except for limited excerpts that serve application (including the applicant’s their counsel or representative) must the purpose of the adjudicatory filings environmental report and safety report) apply for and receive a digital ID and would constitute a Fair Use that the requester/petitioner disputes certificate before a hearing request/ application, participants are requested and the supporting reasons for each petition to intervene is filed so that they not to include copyrighted materials in dispute, or, if the requester/petitioner can obtain access to the document via their submission. believes the application fails to contain the E-Filing system. The formal requirements for information on a relevant matter as A person filing electronically may documents contained in 10 CFR required by law, the identification of seek assistance through the ‘‘Contact 2.304(c)–(e) must be met. If the NRC each failure and the supporting reasons Us’’ link located on the NRC website at grants an electronic document for the requester’s/petitioner’s belief. http://www.nrc.gov/site-help/e- exemption in accordance with 10 CFR Requesters/petitioners should, when submittals.html or by calling the NRC 2.302(g)(3)), then the requirements for possible, consult with each other in technical help line, which is available paper documents, set forth in 10 CFR preparing contentions and combine between 8:30 a.m. and 4:15 p.m., 2.304(b) must be met. similar subject matter concerns into a Eastern Time, Monday through Friday. In accordance with 10 CFR 2.309(b), joint contention, for which one of the The help line number is (800) 397–4209 a request for a hearing must be filed by co-sponsoring requesters/petitioners is or locally, (301) 415–4737. June 9, 2008. designated the lead representative. Participants who believe that they Further, in accordance with 10 CFR have a good cause for not submitting In addition to meeting other 2.309(f)(3), any requester/petitioner that documents electronically must file a applicable requirements of 10 CFR motion, in accordance with 10 CFR 2.309, the general requirements wishes to adopt a contention proposed 2.302(g), with their initial paper filing involving a request for a hearing filed by by another requester/petitioner must do requesting authorization to continue to a person other than an applicant must so, in accordance with the E-Filing rule, submit documents in paper format. state: within ten days of the date the Such filings must be submitted by: (1) 1. The name, address, and telephone contention is filed, and designate a First class mail addressed to the Office number of the requester; representative who shall have the of the Secretary of the Commission, U.S. 2. The nature of the requester’s right authority to act for the requester/ Nuclear Regulatory Commission, under the Act to be made a party to the petitioner. Washington, DC 20555–0001, Attention: proceeding; In accordance with 10 CFR 2.309(g), Rulemaking and Adjudications Staff; or 3. The nature and extent of the a request for hearing and/or petition for (2) courier, express mail, or expedited requester’s property, financial, or other leave to intervene may also address the delivery service to the Office of the interest in the proceeding; selection of the hearing procedures, Secretary, Sixteenth Floor, One White 4. The possible effect of any decision taking into account the provisions of 10 Flint North, 11555 Rockville, Pike, or order that may be issued in the CFR 2.310. Rockville, Maryland, 20852, Attention: proceeding on the requester’s interest; III. Further Information Rulemaking and Adjudications Staff. and Participants filing a document in this 5. The circumstances establishing that Documents related to this action, manner are responsible for serving the the request for a hearing is timely in including the application for document on all other participants. accordance with 10 CFR 2.309(b). amendment and supporting Filing is considered complete by first- In accordance with 10 CFR 2.309(f)(1), documentation, are available class mail as of the time of deposit in a request for hearing or petitions for electronically at the NRC’s Electronic the mail, or by courier, express mail, or leave to intervene must set forth with Reading Room at http://www.nrc.gov/ expedited delivery service upon particularity the contentions sought to reading-rm/adams.html. From this site, depositing the document with the be raised. For each contention, the you can access the NRC’s Agencywide provider of the service. request or petition must: Document Access and Management Non-timely requests and/or petitions 1. Provide a specific statement of the System (ADAMS), which provides text and contentions will not be entertained issue of law or fact to be raised or and image files of NRC’s public absent a determination by the controverted; documents. The ADAMS accession Commission, the presiding officer, or 2. Provide a brief explanation of the numbers for the documents related to the Atomic Safety and Licensing Board basis for the contention; this notice are: that the petition and/or request should 3. Demonstrate that the issue raised in Submittal Letter dated November 6, be granted and/or the contentions the contention is within the scope of the 2007—ML073180538. should be admitted based on a proceeding; R14 Range DP, Rev. 0—ML073180560.

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R14 Range DP Rev. 0, App. A, License II submit supporting safety analyses in No. SMB–141, Am. 27— time to meet the conversion schedule. ML073180578. Title 10, Section 50.64, ‘‘Limitations Paragraph 50.64(c)(2)(iii) also requires on the Use of Highly Enriched Uranium R14 Range DP Rev. 0, App. B, the Director to review the licensee (HEU) in Domestic Non-Power proposal, to confirm the status of Characterization Report— Reactors,’’ of the Code of Federal ML073180594. Federal Government funding, and to Regulations (10 CFR 50.64), limits the determine a final schedule, if the R14 Range DP Rev. 0, App. C, use of high-enriched uranium (HEU) licensee has submitted a schedule for Determination of DCGLs— fuel in domestic non-power reactors conversion. ML073180601. (research and test reactors) (see 51 FR Paragraph 50.64(c)(3) requires the R14 Range DP Rev. 0, App. D, Final 6514). The regulation, which became Director to review the supporting safety Status Survey Plan—ML073180603. effective on March 27, 1986, requires analyses and to issue an appropriate that if Federal Government funding for enforcement order directing both the If you do not have access to ADAMS conversion-related costs is available, conversion and, to the extent consistent or if there are problems in accessing the each licensee of a non-power reactor with the protection of public health and documents located in ADAMS, contact authorized to use HEU fuel shall replace safety, any necessary changes to the the NRC Public Document Room (PDR) it with low-enriched uranium (LEU) fuel license, the facility, and licensee Reference staff at 1–800–397–4209, 301– acceptable to the Commission unless the procedures. In the Federal Register 415–4737, or by e-mail to [email protected]. Commission has determined that the notice of the final rule (51 FR 6514), the These documents may also be viewed reactor has a unique purpose. The Commission explained that in most, if electronically on the public computers Commission’s stated purpose for these not all, cases, the enforcement order located at the NRC’s PDR, O 1 F21, One requirements was to reduce, to the would be an order to modify the license White Flint North, 11555 Rockville maximum extent possible, the use of under 10 CFR 2.204 (now 10 CFR 2.202, Pike, Rockville, MD 20852. The PDR HEU fuel in order to reduce the risk of ‘‘Orders’’). reproduction contractor will copy theft and diversion of HEU fuel used in Any person, other than the licensee, documents for a fee. non-power reactors. whose interest may be affected by this Dated at 475 Allendale Road, King of Paragraphs 50.64(b)(2)(i) and (ii) proceeding and who desires to Prussia, PA, this 2nd day of April, 2008. require that a licensee of a non-power participate as a party must file a written For the Nuclear Regulatory Commission. reactor (1) not acquire more HEU fuel if request for hearing or petition for leave James P. Dwyer, LEU fuel that is acceptable to the to intervene meeting the requirements of 10 CFR 2.309, ‘‘Hearing Requests, Chief, Commercial and R&D Branch, Division Commission for that reactor is available of Nuclear Materials Safety, Region I. when the licensee proposes to acquire Petitions to Intervene, Requirements for Standing, and Contentions.’’ [FR Doc. E8–7449 Filed 4–8–08; 8:45 am] HEU fuel and (2) replace all HEU fuel BILLING CODE 7590–01–P in its possession with available LEU fuel III acceptable to the Commission for that The U.S. Nuclear Regulatory reactor in accordance with a schedule Commission (NRC) maintains the NUCLEAR REGULATORY determined pursuant to 10 CFR Agencywide Documents Access and COMMISSION 50.64(c)(2). Management System (ADAMS), which Paragraph 50.64(c)(2)(i) requires, provides text and image files of the [Docket No. 50–243; EA–08–099] among other things, that each licensee NRC’s public documents. On November of a non-power reactor authorized to 6, 2007, the licensee submitted its In the Matter of Oregon State possess and use HEU fuel develop and conversion proposal (ADAMS University (Oregon State University submit to the Director of the Office of Accession No. ML080420546), which TRIGA Reactor); Order Modifying Nuclear Reactor Regulation (the was supplemented on February 11, 2008 Amended Facility Operating License Director) by March 27, 1987, and at 12- (ADAMS Accession No. ML080730057). No. R–106 month intervals thereafter, a written The NRC staff is in the process of proposal for meeting the requirements I reviewing the conversion proposal. The of the rule. The licensee shall include in licensee indicated that an order, Oregon State University (the licensee) its proposal a certification that Federal separate from the order for converting is the holder of Amended Facility Government funding for conversion is the reactor to LEU fuel, is needed that Operating License No. R–106 (the available through the U.S. Department increases the uranium-235 possession license), originally issued on March 7, of Energy or other appropriate Federal limit because of a constraint on the 1967, by the U.S. Atomic Energy agency. The proposal should also timing of the shipment of replacement Commission. The license authorizes provide a schedule for conversion, LEU fuel. The certification of the operation of the Oregon State University based upon the availability of shipping containers used to transfer the TRIGA Reactor (the facility) at a power replacement fuel acceptable to the LEU fuel from the manufacturer in level up to 1100 kilowatts thermal and Commission for that reactor and upon France to the licensee will expire in in the pulse mode, with reactivity consideration of other factors such as June 2008, before the NRC can issue the insertions not to exceed 2.55$, and to the availability of shipping casks, order for reactor conversion. Therefore, receive, possess, and use special nuclear implementation of arrangements for the licensee requires the receipt and material associated with facility available financial support, and reactor possession, but not use in the reactor, of operation. The facility is a research usage. the LEU fuel at this time to allow the reactor located on the campus of Oregon Paragraph 50.64(c)(2)(iii) requires the fuel to be received before the shipping State University, in the city of Corvallis, licensee to include in the proposal, to container loses its certification. The Benton County, Oregon. The mailing the extent required to effect conversion, LEU fuel contains the uranium-235 address is Radiation Center, Oregon all necessary changes to the license, the isotope at an enrichment of less than 20 State University, 100 Radiation Center, facility, and licensee procedures. This percent. The NRC staff reviewed the Corvallis, Oregon 97331–5903. paragraph also requires the licensee to licensee’s proposal and the

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requirements of 10 CFR 50.64 and has To comply with the procedural at http://www.nrc.gov/site-help/e- determined that public health and safety requirements associated with E-Filing, submittals.html or by calling the NRC and the common defense and security at least 5 days before the filing deadline, technical help line, which is available require the licensee to receive and the requestor must contact the Office of between 8:30 a.m. and 4:15 p.m., eastern possess the LEU fuel before conversion. the Secretary by e-mail at time, Monday through Friday. The help This is necessary so that the [email protected], or by calling line number is (800) 397–4209 or, manufacturer can ship the LEU fuel to (301) 415–1677, to request (1) a digital locally, (301) 415–4737. the licensee before the shipping identification (ID) certificate, which Participants who believe that they container certification expires, to allows the participant (or its counsel or have good cause for not submitting support conversion in accordance with representative) to digitally sign documents electronically must file a the schedules planned by the U.S. documents and access the E-Submittal motion, in accordance with 10 CFR Department of Energy to support U.S. server for any NRC proceeding in which 2.302(g), with their initial paper filing nonproliferation policies and by the it is participating, and/or (2) creation of requesting authorization to continue to licensee to support its academic an electronic docket for the proceeding submit documents in paper format. mission. (even in instances when the requestor Such filings must be submitted by (1) (or its counsel or representative) already first-class mail addressed to the Office IV holds an NRC-issued digital ID of the Secretary of the Commission, U.S. Accordingly, pursuant to Sections 51, certificate). Each requestor will need to Nuclear Regulatory Commission, 53, 57, 101, 104, 161b, 161i, and 161o download the Workplace Forms Washington, DC 20555–0001, Attention: of the Atomic Energy Act of 1954, as ViewerTM to access the Electronic Rulemaking and Adjudications Staff; or amended, and to Commission Information Exchange (EIE), a (2) courier, express mail, or expedited regulations in 10 CFR 2.202 and 10 CFR component of the E-Filing system. The delivery service to the Office of the 50.64, It is hereby ordered that: Workplace Forms ViewerTM is free and Secretary, Sixteenth Floor, One White Amended Facility Operating License is available at http://www.nrc.gov/site- Flint North, 11555 Rockville Pike, No. R–106 is modified by adding the help/e-submittals/install-viewer.html. Rockville, Maryland, 20852, Attention: following license condition: Information about applying for a digital Rulemaking and Adjudications Staff. 2.B.(5) Pursuant to the Act and 10 CFR ID certificate also is available on the Participants filing a document in this Part 70, ‘‘Domestic Licensing of Special NRC’s public Web site at http:// manner are responsible for serving the Nuclear Material,’’ to receive and possess but www.nrc.gov/site-help/e-submittals/ document on all other participants. not use up to 16.30 kilograms of contained apply-certificates.html. Filing is considered complete by first- uranium-235 at enrichment less than 20 Once a requestor has obtained a class mail as of the time of deposit in percent in the form of non-power reactor digital ID certificate, had a docket the mail, or by courier, express mail, or fuel. created, and downloaded the EIE expedited delivery service upon This Order will be effective 20 days viewer, he or she can then submit a depositing the document with the after the date of publication of this request for a hearing through EIE. provider of the service. Order in the Federal Register. Submissions should be in portable Documents submitted in adjudicatory document format (PDF) in accordance proceedings will appear in the NRC’s V with NRC guidance available on the electronic hearing docket at http:// Pursuant to 10 CFR 2.309, any NRC public Web site at http:// ehd.nrc.gov/EHD_Proceeding/home.asp, person(s) whose interest may be affected www.nrc.gov/site-help/e- unless excluded pursuant to an order of by this proceeding, other than the submittals.html. A filing is considered the Commission, an Atomic Safety and licensee, and who wishes to participate complete at the time the filer submits Licensing Board, or a Presiding Officer. as a party in the proceeding must file a the document through EIE. To be timely, Participants are requested not to include written request within 20 days after the electronic filings must be submitted to personal privacy information, such as date of publication of this Order, setting the EIE system no later than 11:59 p.m. social security numbers, home forth with particularity the manner in eastern time on the due date. Upon addresses, or home phone numbers, in which this Order adversely affects his or receipt of a transmission, the E-Filing their filings. With respect to copyrighted her interest and addressing the criteria system time-stamps the document and works, except for limited excerpts that set forth in 10 CFR 2.309. If a hearing sends the submitter an e-mail notice serve the purpose of the adjudicatory is held, the issue to be considered at confirming receipt of the document. The filings and would constitute a fair use such hearing shall be whether this EIE system also distributes an e-mail application, participants are requested Order should be sustained. notice that provides access to the not to include copyrighted materials in A request for a hearing must be filed document to the NRC Office of the their works. in accordance with the NRC E-Filing General Counsel and any others who If a hearing is requested, the NRC will rule, which became effective on October have advised the Office of the Secretary issue an order designating the time and 15, 2007. The NRC issued the E-Filing that they wish to participate in the place of any hearing. final rule on August 28, 2007 (72 FR proceeding, so that the filer need not In the absence of any request for 49139) and codified it in pertinent part serve the document on those hearing, the provisions as specified in at 10 CFR Part 2, ‘‘Rules of Practice for participants separately. Therefore, any Section IV shall be final 20 days after Domestic Licensing Proceedings and others who wish to participate in the the date of publication of this Order in Issuance of Orders,’’ Subpart B. The E- proceeding (or their counsel or the Federal Register. Filing process requires participants to representative) must apply for and In accordance with 10 CFR 51.10(d), submit and serve documents over the receive a digital ID certificate before a this Order is not subject to Section Internet or, in some cases, to mail copies hearing request is filed so that they may 102(2) of the National Environmental on electronic optical storage media. obtain access to the document via the E- Policy Act, as amended. The NRC staff Participants may not submit paper Filing system. notes, however, that with respect to the copies of their filings unless they seek A person filing electronically may environmental impacts associated with a waiver in accordance with the seek assistance through the ‘‘Contact the changes imposed by this Order as procedures described below. Us’’ link located on the NRC Web site described in the safety evaluation, the

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changes would, if imposed by other Place: Offices of the Corporation, OVERSEAS PRIVATE INVESTMENT than an order, meet the definition of a Twelfth Floor Board Room, 1100 New CORPORATION categorical exclusion in accordance York Avenue, NW., Washington, DC. April 17, 2008 Board of Directors with 10 CFR 51.22(c)(9). Thus, pursuant Status: Hearing Open to the Public at Meeting to either 10 CFR 51.10(d) or 10 CFR 2 p.m. 51.22(c)(9), no environmental Time and Date: Thursday, April 17, assessment or environmental impact Purpose: Public Hearing in 2008, 10 a.m. (Open Portion); 10:15 a.m. statement is required. conjunction with each meeting of OPIC’s Board of Directors, to afford an (Closed Portion). Detailed guidance that the NRC uses opportunity for any person to present Place: Offices of the Corporation, to review applications from research Twelfth Floor Board Room, 1100 New views regarding the activities of the reactor licensees appears in NUREG– York Avenue, NW., Washington, DC. 1537, ‘‘Guidelines for Preparing and Corporation. Status: Meeting Open to the Public Reviewing Applications for the Procedures from 10 a.m. to 10:15 a.m. Closed Licensing of Non-Power Reactors,’’ portion will commence at 10:15 a.m. February 1996, which can be obtained Individuals wishing to address the (approx.). from the Commission’s Public hearing orally must provide advance Document Room (PDR). The public may notice to OPIC’s Corporate Secretary no Matters To Be Considered also access NUREG–1537 through the later than 5 p.m. Friday, April 11, 2008. 1. President’s Report. NRC’s Public Electronic Reading Room The notice must include the 2. Approval of January 31, 2008 on the Internet at http://www.nrc.gov/ individual’s name, title, organization, Minutes (Open Portion). reading-rm/adams.html under ADAMS address, and telephone number, and a Further Matters To Be Considered Accession Nos. ML042430055 for part 1 concise summary of the subject matter (Closed to the Public 10:15 a.m.) and ML042430048 for part 2. to be presented. 1. Report from Audit Committee. For further information, see the Oral presentations may not exceed ten 2. Finance Project—Jordan. application from the licensee dated (10) minutes. The time for individual 3. Finance Project—Iraq. November 6, 2007 (ADAMS Accession presentations may be reduced 4. Finance Project—Afghanistan. No. ML080420546), as supplemented on proportionately, if necessary, to afford 5. Finance Project—Turkey. February 11, 2008 (ADAMS Accession all participants who have submitted a 6. Finance Project—Mexico. No. ML080730057); the NRC staff’s timely request to participate an 7. Finance Project—Africa. request for additional information opportunity to be heard. 8. Finance Project—Africa. (ADAMS Accession No. ML080090308); 9. Approval of January 31, 2008 and the cover letter to the licensee and Participants wishing to submit a Minutes (Closed Portion). the staff’s safety evaluation dated April written statement for the record must 10. Approval of the March 21, 2008 4, 2008 (ADAMS Accession No. submit a copy of such statement to Minutes (Closed Portion). ML080730395), available for public OPIC’s Corporate Secretary no later than 11. Pending Major Projects. inspection at the Commission’s PDR, 5 p.m. Friday, April 11, 2008. Such 12. Reports. located at One White Flint North, Public statements must be typewritten, double- Contact Person for Information: File Area O1 F21, 11555 Rockville Pike spaced, and may not exceed twenty-five Information on the meeting may be (first floor), Rockville, Maryland. (25) pages. obtained from Connie M. Downs at (202) Publicly available records will be Upon receipt of the required notice, 336–8438. accessible electronically from the Public OPIC will prepare an agenda for the Dated: April 3, 2008. Electronic Reading Room at http:// hearing identifying speakers, setting Connie M. Downs, www.nrc.gov/reading-rm/adams.html. forth the subject on which each Persons who do not have access to Corporate Secretary, Overseas Private Investment Corporation. ADAMS or who have problems participant will speak, and the time accessing the documents in ADAMS allotted for each presentation. The [FR Doc. E8–7378 Filed 4–8–08; 8:45 am] should contact the NRC PDR reference agenda will be available at the hearing. BILLING CODE 3210–01–P staff by telephone at (800) 397–4209 or A written summary of the hearing will (301) 415–4737 or by e-mail to be compiled, and such summary will be [email protected]. made available, upon written request to SECURITIES AND EXCHANGE COMMISSION Dated this 4th day of April, 2008. OPIC’s Corporate Secretary, at the cost For the Nuclear Regulatory Commission. of reproduction. Submission for OMB Review; James T. Wiggins, Contact Person for Information: Comment Request Information on the hearing may be Deputy Director, Office of Nuclear Reactor Upon written request, copies available Regulation. obtained from Connie M. Downs at (202) from: Securities and Exchange [FR Doc. E8–7589 Filed 4–8–08; 8:45 am] 336–8438, via facsimile at (202) 218– 0136, or via e-mail at Commission, Office of Investor BILLING CODE 7590–01–P Education and Advocacy, [email protected]. Washington, DC 20549–0213. Dated: April 3, 2008. Extension: Connie M. Downs, OVERSEAS PRIVATE INVESTMENT Rule 27d–1 and Form N–27D–1, SEC File No. 270–499, OMB Control No. 3235– CORPORATION OPIC Corporate Secretary. [FR Doc. E8–7377 Filed 4–8–08; 8:45 am] 0560. April 15, 2008 Public Hearing BILLING CODE 3210–01–M Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 Time and Date: 2 p.m., Tuesday, (44 U.S.C. 3501 et seq.), the Securities April 15, 2008. and Exchange Commission (the

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‘‘Commission’’) has submitted to the decisions to invest in a periodic SECURITIES AND EXCHANGE Office of Management and Budget a payment plan. The information COMMISSION request for approval of the collections of collection requirements in rule 27d–1 information under the Investment enable the Commission to monitor Submission for OMB Review; Company Act of 1940 (‘‘Act’’) compliance with reserve rules. Comment Request summarized below. Upon written request, copies available Rule 27d–1 (17 CFR 270.27d–1) is The depositor or principal from: U.S. Securities and Exchange entitled ‘‘Reserve Requirements for underwriter of issuers must file a Form Commission, Office of Investor Principal Underwriters and Depositors N–27D–1 annually. The Commission Education and Advocacy, to Carry Out the Obligations to Refund received zero Form N–27D–1 filings in Washington, DC 20549–0213. Charges Required by Section 27(d) and 2007. Therefore, the total annual hour Section 27(f) of the Act.’’ Form N–27D– burden associated with rule 27d–1 and Extension: 1 (17 CFR 274.127d–1) is entitled Form N–27d–1 is estimated to be zero Rule 17Ac3–1(a), SEC File No. 270–96, ‘‘Accounting of Segregated Trust hours. OMB Control No. 3235–0151; Form TA– W (1669), SEC File No. 270–96, OMB Account.’’ Rule 27d–1 requires the The estimates of average burden hours Control No. 3235–0151. depositor or principal underwriter for and costs are made solely for the an issuer of a periodic payment plan to Notice is hereby given that pursuant purposes of the Paperwork Reduction to the Paperwork Reduction Act of 1995 deposit funds into a segregated trust Act, and are not derived from a account to provide assurance of its (44 U.S.C. 3501 et seq.), the Securities comprehensive or even a representative ability to fulfill its refund obligations and Exchange Commission survey or study of the costs of (‘‘Commission’’) has submitted to the under sections 27(d) and 27(f). The rule 2 sets forth minimum reserve amounts Commission rules and forms. Office of Management and Budget and guidelines for the management and Complying with the collection of requests for approval of extension on disbursement of the assets in the information requirements of rule 27d–1 the following rule and form: Rule account. A single account may be used is mandatory for depositors or principal 17Ac3–1(a) (17 CFR 240.17Ac3–1(a)) for the periodic payment plans of underwriters of issuers of periodic and Form TA–W (17 CFR 249b.101). multiple investment companies. Rule payment plans unless they comply with Subsection (c)(4)(B) of Section 17A of the Securities Exchange Act of 1934 (15 27d–1(j) directs depositors and the requirements in rule 27d–2 (17 CFR U.S.C. 78a et seq.) authorizes transfer principal underwriters to make an 270.27d–2).3 The information provided accounting of their segregated trust agents registered with an appropriate pursuant to rule 27d–1 is public and, regulatory agency (‘‘ARA’’) to withdraw accounts on Form N–27D–1, which is therefore, will not be kept confidential. intended to facilitate the Commission’s from registration by filing with the ARA An agency may not conduct or sponsor, a written notice of withdrawal and by oversight of compliance with the reserve and a person is not required to respond requirements set forth in rule 27d–1. agreeing to such terms and conditions as to, a collection of information unless it The form requires depositors and the ARA deems necessary or displays a currently valid OMB control principal underwriters to report appropriate in the public interest, for deposits to a segregated trust account, number. the protection of investors, or in the including those made pursuant to Please direct general comments furtherance of the purposes of Section paragraphs (c) and (e) of the rule. regarding the above information to the 17A. Withdrawals pursuant to paragraph (f) following persons: (i) Desk Officer for In order to implement Section of the rule also must be reported. In the Securities and Exchange 17A(c)(4)(B) of the Exchange Act the addition, the form solicits information Commission, Office of Management and Commission, on September 1, 1977, regarding the minimum amount Budget, Room 10102, New Executive promulgated Rule 17Ac3–1(a) and required to be maintained under Office Building, Washington, DC 20503 accompanying Form TA–W. On January 11, 2007, the Commission amended paragraphs (d) and (e) of rule 27d–1. or e-mail to: Rule 17Ac3–1(a) and accompanying Depositors and principal underwriters [email protected]; and must file the form once a year on or Form TA–W to require that the form be (ii) R. Corey Booth, Director/Chief filed in electronic format on EDGAR. before January 31 of the year following Information Officer, Securities and the year for which information is Rule 17Ac3–1(a) provides that notice of Exchange Commission, C/O Shirley presented.1 withdrawal of registration as a transfer Rule 27d–1, which was explicitly Martinson, 6432 General Green Way, agent with the Commission shall be authorized by statute, provides Alexandria, VA 22312; or send an e- filed on Form TA–W. Form TA–W _ assurance that depositors and principal mail to: PRA [email protected]. requires the withdrawing transfer agent underwriters of issuers have access to Comments must be submitted to OMB to provide the Commission with certain sufficient cash to meet the demands of within 30 days of this notice. information, including: (1) The certificate holders who reconsider their Dated: April 2, 2008. locations where transfer agent activities Florence E. Harmon, are or were performed; (2) the reasons 1 Instead of relying on rule 27d–1 and filing Form for ceasing the performance of such N–27D–1, depositors or principal underwriters for Deputy Secretary. activities; (3) disclosure of unsatisfied the issuers of periodic payment plans may rely on [FR Doc. E8–7395 Filed 4–8–08; 8:45 am] the exemption afforded by rule 27d–2. In order to judgments or liens; and (4) information comply with rule 27d–2: (i) The depositor or BILLING CODE 8011–01–P regarding successor transfer agents. principal underwriter must secure from an The Commission uses the information insurance company a written guarantee of the disclosed on Form TA–W to determine 2 refund requirements, (ii) the insurance company These estimates are based on telephone whether the registered transfer agent must satisfy certain financial criteria, and (iii) the interviews between the Commission staff and depositor or principal underwriter must file as an representatives of depositors or principle applying for withdrawal from exhibit to the issuer’s registration statement, a copy underwriters of periodic payment plan issuers. registration as a transfer agent should be of the written undertaking, an annual statement that 3 allowed to deregister and, if so, whether the insurance company has met the requisite The information collection requirements for rule financial criteria on a monthly basis, and an annual 27d–2 are covered in a separate Federal Register the Commission should attach to the audited balance sheet. notice under OMB Control No. 3235–0566. granting of the application any terms or

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conditions necessary or appropriate in SECURITIES AND EXCHANGE that each respondent will continue to the public interest, for the protection of COMMISSION expend approximately 60 hours investors, or in furtherance of the annually: two hours per month of purposes of Section 17A of the Submission for OMB Review; internal legal time and three hours per Exchange Act. Without Rule 17Ac3–1(a) Comment Request month of internal compliance time to and Form TA–W, transfer agents Upon written request, copies available ensure that its written policies and registered with the Commission would from: U.S. Securities and Exchange procedures are up-to-date and remain in not have a means for voluntary Commission, Office of Investor compliance with Rule 611. The deregistration when necessary or Education and Advocacy, estimated cost for an in-house attorney appropriate to do so. Washington, DC 20549–0213. is $295 per hour and the estimated cost Respondents file approximately 50 Extension: for an assistant compliance director in TA–Ws with the Commission annually. Rule 611, OMB Control No. 3238–0600, the securities industry is $301 per hour. A Form TA–W filing occurs only once, SEC File No. 270–540. Therefore the estimated total cost of when a transfer agent is seeing Notice is hereby given that pursuant compliance for the annual hour burden × deregistration. Since the form is simple to the Paperwork Reduction Act of 1995 is as follows: [(2 legal hours 12 months × × and straightforward, the Commission (44 U.S.C. 3501 et seq.), the Securities $295) 788] + [(3 compliance hours × × × estimates that a transfer agent need and Exchange Commission 12 months $301) 788] = spend no more than 30 minutes to (‘‘Commission’’) has submitted to the $14,117,808.3 There are no longer start- complete a Form TA–W. Therefore, the Office of Management and Budget a up costs associated with Rule 611. total average annual burden to covered request for approval of extension of the An agency may not conduct or entities is approximately 25 hours of existing collection of information sponsor, and a person is not required to preparation and maintenance time. provided for in the following rule: Rule respond to, a collection of information 611 (17 CFR 242.611). unless it displays a currently valid In view of the ready availability of the On June 9, 2005, effective August 29, control number. information requested by Form TA–W, 2005 (see 70 FR 37496, June 29, 2005), its short and simple presentation, and the Commission adopted Rule 611 of Comments should be directed to (i) the Commission’s experience with the Regulation NMS under the Securities Desk Officer for the Securities and filers, we estimate that approximately Exchange Act of 1934 (15 U.S.C. 78a et Exchange Commission, Office of 30 minutes is required to complete seq.) to require any national securities Information and Regulatory Affairs, Form TA–W, including clerical time. exchange, national securities Office of Management and Budget, Approximately 80 percent of these are association, alternative trading system, Room 10102, New Executive Office completed by the transfer agent or its exchange market maker, over-the- Building, Washington, DC 20503 or by employees and approximately 20 counter market maker and any other sending an e-mail to: percent are completed by an outside broker-dealer that executes orders [email protected]; and filing agent. In either case, we estimate internally by trading as principal or (ii) R. Corey Booth, Director/Chief a cost of approximately $35 for each 30 crossing orders as agent, to establish, Information Officer, Securities and minutes. Therefore, the total average maintain, and enforce policies and Exchange Commission, c/o Shirley annual cost burden is approximately procedures reasonably designed to Martinson, 6432 General Green Way, $1,750. prevent the execution of a transaction in Alexandria, VA 22312 or send an e-mail its market at a price that is inferior to _ Comments should be directed to (i) to: PRA [email protected]. Comments a bid or offer displayed in another must be submitted within 30 days of Desk Officer for the Securities and market at the time of execution (a this notice. Exchange Commission, Office of ‘‘trade-though’’), absent an applicable Information and Regulatory Affairs, exception and, if relying on an Dated: April 2, 2008. Office of Management and Budget, exception, that are reasonably designed Florence E. Harmon, Room 10102, New Executive Office to assure compliance with the terms of Deputy Secretary. Building, Washington, DC 20503 or by the exception. Without this collection of [FR Doc. E8–7397 Filed 4–8–08; 8:45 am] sending an e-mail to: information, respondents would not BILLING CODE 8011–01–P [email protected]; and have a means to enforce compliance (ii) R. Corey Booth, Director/Chief with the Commission’s intention to Information Officer, Securities and prevent trade-throughs pursuant to the Exchange Commission, c/o Shirley rule. Martinson, 6432 General Green Way, There are approximately 788 Alexandria, VA 22312 or send an e-mail respondents1 per year that will require to: [email protected]. Comments an aggregate total of 47,280 hours to 30, 2008). The one-time hour burden associated 2 must be submitted within 30 days of comply with this rule. It is anticipated with developing the required policies and this notice. procedures is no longer applicable. 1 This estimate includes nine national securities 3 The total cost of compliance for the annual hour Dated: April 2, 2008. exchanges and one national securities association burden has been revised to reflect updated that trade NMS stocks. The estimate also includes Florence E. Harmon, estimated cost figures for an in-house attorney and the approximately 731 firms that were registered an assistant compliance director. These figures are Deputy Secretary. equity market makers or specialists at year-end from SIFMA’s Management & Professional Earnings 2006, as well as automated trading systems that [FR Doc. E8–7396 Filed 4–8–08; 8:45 am] in the Securities Industry 2007, adjusted by the SEC operate trading systems that trade NMS stocks. staff for an 1800 hour work year and multiplied by BILLING CODE 8011–01–P 2 Please note that the 60 Day Notice to extend the effectiveness of Rule 611 stated the annual hour 5.35 to account for bonuses, firm size, employee burden as 36,540, which does not reflect the benefits and overhead. See Securities Exchange Act increase in the number of respondents; see Release No. 50870 (Dec. 16, 2004), 69 FR 77424 Securities and Exchange Commission Proposed (Dec. 27, 2004) at notes 427, 428 and accompanying Collection; Comment Request, 73 FR 5600 (January text.

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SECURITIES AND EXCHANGE is defined as any security or class of convertible preferred securities often COMMISSION securities, other than options, for which trade on the fixed income desks of transaction reports are collected, broker-dealers, not their equity desks.12 [Release No. 34–57621] processed, and made available pursuant The SIFMA Exemption Request states Order Exempting Non-Convertible to an effective transaction reporting that, given that Rule 611 does not apply 7 Preferred Securities from Rule 611(a) plan. The SIFMA Exemption Request to all non-convertible preferred of Regulation NMS under the notes that some non-convertible securities nor generally to fixed income Securities Exchange Act of 1934 preferred securities fall within the instruments, broker-dealers would need definition of an NMS stock because to make costly and time-consuming April 4, 2008. transaction reports for those non- changes to their fixed income trading platforms to accommodate both I. Introduction convertible preferred securities are collected, processed, and made traditional debt trading and the Pursuant to Rule 611(d) 1 of available pursuant to the CTA/CQ requirements of Rule 611, including the Regulation NMS 2 under the Securities Plans 8 and the Nasdaq UTP Plan.9 intermarket sweep order functionality.13 Exchange Act of 1934 (‘‘Exchange Act’’), The SIFMA Exemption Request states The SIFMA Exemption Request states the Securities and Exchange that non-convertible preferred securities that moving the trading of non- Commission (‘‘Commission’’), by order, are priced like, and trade like, fixed convertible preferred securities that are may exempt from the provisions of Rule income instruments, not common NMS stocks to equity trading systems 611 of Regulation NMS (‘‘Rule 611’’ or stocks.10 In addition, the SIFMA (which are Rule 611-compliant) would ‘‘Rule’’), either unconditionally or on Exemption Request notes that, as a interfere with the presentation of fixed specified terms and conditions, any general matter, fixed income securities income investment choices to clients person, security, transaction, quotation, currently do not fall within the and trading synergies gained by trading or order, or any class or classes of definition of NMS stock. The SIFMA non-convertible preferred securities persons, securities, quotations, or Exemption Request states that, in light with other like securities (i.e., debt). orders, if the Commission determines of the similarity between non- The SIFMA Exemption Request notes that such exemption is necessary or convertible preferred securities and that the Commission, on several appropriate in the public interest, and is fixed income securities, and the many occasions, has recognized the consistent with the protection of differences between non-convertible differences between common stocks and 14 investors.3 As discussed below, the preferred securities and common stocks, non-convertible preferred securities. Commission is exempting non- Rule 611 should not apply to non- For example, the Commission granted convertible preferred securities from convertible preferred securities. an exemption for non-convertible Rule 611(a) of Regulation NMS. The SIFMA Exemption Request states preferred securities from the requirement in Exchange Act Rule II. Background that, in contrast to common stocks, the primary purpose for investing in a non- 11Ac1–1 (now Rule 602 of Regulation The Commission adopted Regulation convertible preferred security is the NMS—the ‘‘Quote Rule’’) that a member NMS in June 2005.4 Rule 611 addresses purchase of an income stream, rather of an association that acts in the intermarket trade-throughs of displayed than to benefit from fluctuations in the capacity of an over-the-counter market quotations in NMS stocks. Rule price of the security.11 Unlike common maker must provide to its association 611(a)(1) requires a trading center to stocks, most non-convertible preferred continuous two-sided quotations for any establish, maintain, and enforce written securities trade based on yields, which, exchange-traded security in which that policies and procedures that are in turn, move in tandem with the yields market maker, during the most recent reasonably designed to prevent trade- of benchmark fixed income securities, calendar quarter, comprised more than throughs on that trading center of such as Treasury securities. The SIFMA 1% of the aggregate trading volume for protected quotations in NMS stocks that Exemption Request states that unless such security as reported in the 15 do not fall within an exception set forth there is a credit event with respect to an consolidated system. The SIFMA in the Rule. issuer, the prices of non-convertible Exemption Request states that the The Securities Industry and Financial preferred securities have no correlation Commission provided the exemption Markets Association (‘‘SIFMA’’) has to price movements of an issuer’s based on representations regarding the requested that the Commission exempt common stock. Consequently, the trading activities of the requesting firms non-convertible preferred securities SIFMA Exemption Request states that and the trading patterns of preferred 5 16 from Rule 611(a). According to the non-convertible preferred securities stock. Specifically, the requesting SIFMA Exemption Request, Rule 611 generally are viewed as fixed income firms represented applies to certain non-convertible instruments by investors and securities that preferred stock shares many of the preferred securities that meet the firms. characteristics of debt securities, which are 6 definition of ‘‘NMS stock.’’ NMS stock The SIFMA Exemption Request states exempt from the Order Execution Rules. In that, in light of their fixed income particular, [they] noted that prices for 1 17 CFR 242.611(d). characteristics and use as an alternative 2 12 17 CFR 242.600 et seq. to straight debt securities, non- Id. at 3. 3 See also 15 U.S.C. 78mm(a)(1) (providing 13 See Rule 611(b)(6) and Rule 600(b)(30) of general authority for Commission to grant Regulation NMS (providing intermarket sweep exemptions from provisions of Exchange Act and 7 Rule 600(b)(46) and (47) of Regulation NMS. order exception from Rule 611). rules thereunder). 8 See Section VII(a) of the CTA Plan and I(j) of 14 SIFMA Exemption Request at 3. 4 Securities Exchange Act Release No. 51808 the CQ Plan. The CTA Plan and CQ Plan are 15 See Rule 602(b) and Rule 600(b)(73) of (June 9, 2005), 70 FR 37496 (June 29, 2005) available at http://www.nysedata.com. Regulation NMS; letter from Richard R. Lindsey, (‘‘Regulation NMS Adopting Release’’). 9 See Section III(B) of the Nasdaq UTP Plan; Director, Division of Market Regulation, 5 Letter to Nancy M. Morris, Secretary, Nasdaq Rule 4200(a)(26) and (28); and see, e.g., Commission, to Roger D. Blanc, Willkie, Farr & Commission, from Ira D. Hammerman, Senior Nasdaq Rules 4420(k); 4450(h); 4310(c)(4); and Gallagher, Re: Exemption from, and Temporary No- Managing Director and General Counsel, SIFMA, 4310(c)(6)(B). The Nasdaq UTP Plan is available at Action Position Under, the Order Execution Rules dated August 16, 2007 (‘‘SIFMA Exemption http://www.utpdata.com. for Trading in Preferred Securities, dated July 31, Request’’). 10 SIFMA Exemption Request at 2. 1997 (‘‘Blanc Letter’’). 6 Id. at 2. 11 Id. 16 Blanc Letter at 3.

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preferred stock are generally based on yield, stock. In 1997, the Commission ‘‘Rule’’), either unconditionally or on which in turn is based on prevailing interest exempted non-convertible preferred specified terms and conditions, any rates in the debt markets, as well as securities from certain requirements in person, security, transaction, quotation, perceived credit quality of the issuer and any the Quote Rule due to the similarity of or order, or any class or classes of special features of the particular preferred stock.17 its trading patterns with debt persons, securities, quotations, or securities.20 In addition, the orders, if the Commission determines The SIFMA Exemption Request states Commission excepted ‘‘non- that such exemption is necessary or that, because the Commission did not participatory preferred stocks’’ from the appropriate in the public interest, and is apply the Quote Rule to debt securities, definition of NMS stock in Regulation consistent with the protection of and preferred stock trades like debt ATS.21 The Commission believes that its investors.3 On August 31, 2006, the securities, the Commission exempted decision to exempt non-convertible Commission granted an exemption for preferred stock from the Quote Rule. In preferred securities from Rule 611(a) is qualified contingent trades from Rule addition, the SIFMA Exemption Request consistent with its prior actions. 611(a) (‘‘QCT Exemption’’).4 As notes that the Commission also The Commission also believes that the discussed below, the Commission is excepted ‘‘non-participatory preferred exemption for non-convertible preferred modifying the QCT Exemption to stocks’’ from the definition of NMS securities is consistent with the remove the minimum size limitation stock for the purposes of Regulation protection of investors in such that was included in the exemption as ATS.18 As a result, the order display securities. The exemption applies solely originally granted. and execution access provisions of to Rule 611(a). Transactions in non- Regulation ATS 19 do not apply to non- convertible preferred securities will II. Background participatory preferred securities. remain subject to all other applicable The Commission adopted Regulation 5 III. Discussion regulatory requirements. NMS in June 2005. Rule 611 addresses For the foregoing reasons, the intermarket trade-throughs of quotations The Commission has decided to Commission finds that granting the in NMS stocks.6 The Rule applies only exempt non-convertible preferred foregoing exemption is necessary and to quotations that are immediately securities from Rule 611(a). Non- appropriate in the public interest, and is accessible through automatic execution. convertible preferred securities have consistent with the protection of On August 31, 2006, the Commission characteristics analogous to fixed investors. granted the QCT Exemption for any income instruments. Given these IV. Conclusion trade-throughs caused by the execution characteristics, non-convertible of an order involving one or more NMS preferred securities typically are priced It is hereby ordered, pursuant to Rule stocks (each an ‘‘Exempted NMS Stock based on yield and trade more like fixed 611(d) of Regulation NMS, that non- Transaction) that are components of a income instruments than like common convertible preferred securities are qualified contingent trade.7 In the QCT stocks. Due to these similarities to fixed exempted from Rule 611(a) of Exemptive Order, the Commission income instruments, non-convertible Regulation NMS. defined a ‘‘qualified contingent trade’’ preferred securities often are handled by For the Commission, by the Division of as a transaction consisting of two or the fixed income desks of broker-dealers Trading and Markets, pursuant to delegated more component orders, executed as rather than equity desks. As a general authority.22 agent or principal, where: matter, fixed income instruments are Florence E. Harmon, (1) At least one component order is in not NMS stocks and not subject to Rule Deputy Secretary. an NMS stock; 611. Therefore, the systems of fixed (2) all components are effected with a income desks of broker-dealers are not [FR Doc. E8–7445 Filed 4–8–08; 8:45 am] BILLING CODE 8011–01–P product or price contingency that either designed to comply with Rule 611. In has been agreed to by the respective addition, if broker-dealers were to shift counterparties or arranged for by a trading of non-convertible preferred SECURITIES AND EXCHANGE broker-dealer as principal or agent; securities to their equity desks, which COMMISSION (3) the execution of one component is have systems designed to comply with contingent upon the execution of all [Release No. 34–57620] Rule 611, investors would be less able other components at or near the same to benefit from the experience of broker- time; dealer personnel with expertise in Order Modifying the Exemption for Qualified Contingent Trades from Rule (4) the specific relationship between trading in debt and debt-like securities. the component orders (e.g., the spread In sum, the exemption will promote 611(a) of Regulation NMS Under the Securities Exchange Act of 1934 between the prices of the component efficiency because the benefits of orders) is determined at the time the applying Rule 611(a) to non-convertible April 4, 2008. contingent order is placed; preferred securities would not justify I. Introduction the additional costs of compliance, 3 See also 15 U.S.C. 78mm(a)(1) (providing including broker-dealer costs to program Pursuant to Rule 611(d)1 of general authority for Commission to grant systems to comply with Rule 611. Regulation NMS 2 under the Securities exemptions from provisions of Exchange Act and The Commission notes that it has Exchange Act of 1934 (‘‘Exchange Act’’), rules thereunder). previously recognized the similarities 4 Securities Exchange Act Release No. 54389 the Securities and Exchange (August 31, 2006), 71 FR 52829 (September 7, 2006) between non-convertible preferred Commission (‘‘Commission’’), by order, (‘‘QCT Exemptive Order’’). securities and fixed income may exempt from the provisions of Rule 5 Securities Exchange Act Release No. 51808 instruments, and, in doing so, has 611 of Regulation NMS (‘‘Rule 611’’ or (June 9, 2005), 70 FR 37496 (June 29, 2005) treated non-convertible preferred (‘‘Regulation NMS Adopting Release’’). 6 An ‘‘NMS stock’’ means any security or class of securities differently than common 20 See Blanc Letter. securities, other than an option, for which 21 17 CFR 242.300(d) and (g). transaction reports are collected, processed, and 17 Id. 22 17 CFR 200.30–3(a)(82). made available pursuant to an effective transaction 18 SIFMA Exemption Request at 4. 1 17 CFR 242.611(d). reporting plan. See 17 CFR 242.600(b)(46) and (47). 19 17 CFR 242.301(b)(3). 2 17 CFR 242.600 et seq. 7 QCT Exemptive Order, 71 FR at 52831.

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(5) the component orders bear a contingent trades. CBOE believes that CBOE believes that the proposed derivative relationship to one another, this impediment has a greater impact on modification to the exemption would represent different classes of shares of individual investors who want to effect not change the many benefits that the same issuer, or involve the securities a buy-write transaction of modest size contingent trades provide to the market. of participants in mergers or with than on institutional investors, who At the same time, CBOE states that the intentions to merge that have been tend to trade in much larger share remaining conditions from the announced or since cancelled;8 amounts.13 exemption will continue to ensure that (6) the Exempted NMS Stock CBOE states that, if the Size Condition the exemption is narrowly drawn to Transaction is fully hedged (without is removed, the other conditions— prevent evasion of Rule 611 and that the regard to any prior existing position) as conditions (1) though (6) above—in the exemption is limited to a small number a result of the other components of the QCT Exemption would continue to of transactions. CBOE believes that contingent trade;9 and ensure that eligible contingent trades are removing the Size Condition will not (7) the Exempted NMS Stock not used in an abusive manner to avoid result in a large increase in the number Transaction that is part of a contingent compliance with Rule 611. CBOE of transactions being exempted from trade involves at least 10,000 shares or believes that the Commission primarily Rule 611 because smaller contingent has a market value of at least $200,000 focused on these conditions when it trades represent a very small portion of 10 (‘‘Size Condition’’). found that the exemption was narrowly the overall amount of stock executions The Chicago Board Options Exchange, drawn to encompass only those trades in listed stocks.16 Inc. (‘‘CBOE’’) has requested that the most in need of relief to remain part of Commission modify the QCT Exemption a viable trading strategy and where III. Discussion by removing the Size Condition.11 execution of the NMS stock component After careful consideration and for the According to the CBOE Exemption at a trade-through price is reasonably Request, market participants find reasons discussed in this order, the necessary to effect the contingent trade. Commission hereby modifies the QCT contingent trades to be an efficient CBOE notes that the Commission means to effect coupled executions in Exemption by removing the Size believed that conditions (1) through (6) Condition. A ‘‘qualified contingent an option and the underlying stock of the exemption require a close based on the pricing spread between the trade’’ now is defined as a transaction connection between any Exempted NMS consisting of two or more component two instruments. CBOE notes that a Stock Transaction and the other orders, executed as agent or principal, large percentage of these contingent components of a qualified contingent where: trade orders end up unexecuted due to trade, and that this close connection a variety of factors. CBOE states that one should both significantly limit the (1) At least one component order is in of the factors impeding the execution of number of Exempted NMS Stock an NMS stock; contingent trades is the Size Condition. Transactions and help assure that the (2) all components are effected with a Contingent trades involving a stock size exemption applies only to those trades product or price contingency that either under 10,000 shares (or $200,000) most in need of flexibility to be has been agreed to by the respective cannot be executed if the stock leg executed efficiently. Finally, CBOE counterparties or arranged for by a would trade through an automated believes that a key rationale behind the broker-dealer as principal or agent; 12 trading center’s protected quote. Qualified Contingent Trade Exemption (3) the execution of one component is CBOE notes that, due to the need to is that contingent trades are not priced contingent upon the execution of all price the trade based on the spread based on current market quotations, but other components at or near the same between the option and stock leg more rather the pricing relationship between time; so than on current market quotations for two related instruments. CBOE believes (4) the specific relationship between the stock, a contingent trade of a modest that the rationale holds as true for a the component orders (e.g., the spread size may still have the stock leg priced small contingent trade that meets all the between the prices of the component outside of a protected quotation. In requirements of the exemption as it does orders) is determined at the time the CBOE’s experience, the Size Condition for a large trade. In this regard, CBOE contingent order is placed; is a factor that will continue to make it notes that the Commission recently more difficult to complete smaller-sized approved a proposed rule change of the (5) the component orders bear a options exchanges to amend the derivative relationship to one another, 8 Transactions involving securities of participants definition in the Intermarket Linkage represent different classes of shares of in mergers or with intentions to merge that have Plan of ‘‘complex trade’’, which is the same issuer, or involve the securities been announced would meet this aspect of the of participants in mergers or with exemption. Transactions involving cancelled exempt from trade through liability, to 14 mergers, however, would constitute qualified include stock-option trades. CBOE intentions to merge that have been 17 contingent trades only to the extent they involve the states that the rule change does not set announced or since cancelled; and unwinding of a pre-existing position in the merger a size minimum for a stock-option trade (6) the Exempted NMS Stock participants’ shares. Statistical arbitrage to be exempt from trade through transactions, absent some other derivative or merger Transaction is fully hedged (without 15 arbitrage relationship between component orders, liability. regard to any prior existing position) as would not satisfy this element of the definition of CBOE therefore believes that the QCT a qualified contingent trade. Exemption, even without the Size 16 Id. 9 A trading center may demonstrate that an Condition, would continue to be in the 17 Transactions involving securities of Exempted NMS Stock Transaction is fully hedged public interest and consistent with the participants in mergers or with intentions to merge under the circumstances based on the use of protection of investors. In this regard, that have been announced would meet this aspect reasonable risk-valuation methodologies. of the exemption. Transactions involving cancelled 10 See 17 CFR 242.600(b)(9) (defining ‘‘block size’’ mergers, however, would constitute qualified with respect to an order as at least 10,000 shares 13 Id. A buy-write transaction, for example, contingent trades only to the extent they involve the or $200,000 in market value). involves the execution of a stock transaction and a unwinding of a pre-existing position in the merger 11 Letter to Nancy M. Morris, Secretary, corresponding options transaction. participants’ shares. Statistical arbitrage Commission, from Edward J. Joyce, President and 14 See Securities Exchange Act Release No. 56761 transactions, absent some other derivative or merger Chief Operating Officer, CBOE, dated November 28, (November 7, 2007), 72 FR 64094 (November 14, arbitrage relationship between component orders, 2007 (‘‘CBOE Exemption Request’’). 2007). would not satisfy this element of the definition of 12 See CBOE Exemption Request at 3. 15 CBOE Exemption Request at 4. a qualified contingent trade.

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a result of the other components of the need of relief to remain part of a viable of modest size.24 This type of options contingent trade.18 trading strategy and where execution of strategy can be suitable for a broad range The Commission notes that a trading the NMS stock component at a trade- of investors, and the Commission does center must meet all of the foregoing through price is reasonably necessary to not wish unnecessarily to inhibit retail elements of a qualified contingent trade effect the contingent trade. In particular, investors from engaging in useful to qualify for the exemption. The elements (1) through (6) of the investment strategies that are available exemption is not restricted to dealers or exemption, as set forth above, require a to those who trade in larger size. In the over-the-counter market. It can be close connection between any Exempted addition, there are existing duties that used by any trading center that meets NMS Stock Transaction and the other brokers owe their customers, such as the terms of the exemption. components of a qualified contingent suitability and best execution of The Commission recognizes that trade. This close connection both contingent stock and options contingent trades can be useful trading significantly limits the number of transactions. The Commission therefore tools for investors and other market Exempted NMS Stock Transactions and has decided to remove the Size participants, particularly those who helps assure that the exemption applies Condition from the QCT Exemption to trade the securities of issuers involved only to those trades most in need of enable the use of a wider range of in mergers, different classes of shares of flexibility to be executed efficiently. For options strategies for retail investors. In the same issuer, convertible securities, example, the execution of one this way, buy-write strategies, as well as and equity derivatives such as options. component of the transaction must be other contingent trade strategies, will Those who engage in contingent trades contingent upon the execution of all not be hampered by the terms of the can benefit the market as a whole by other components at or near the same QCT Exemption and will be more studying the relationships between the time, and the Exempted NMS Stock readily available to those for whom such prices of such securities and executing Transaction must be fully hedged strategies are useful and appropriate. In contingent trades when they believe (without regard to any prior existing addition, removing the Size Condition, such relationships are out of line with position) as a result of the other by expanding the range of investors who what they believe to be fair value. components of the contingent trade.21 In can take advantage of the QCT Contingent trades therefore are one addition, there must be a specified Exemption, potentially could promote example of a wide variety of trades that relationship between the instruments competition among trading centers. contribute to the efficient functioning of involved in the component orders. The The Commission does not believe that the securities markets and the price component orders must bear a removing the Size Condition will result discovery process. derivative relationship to one another, in the use of contingent trades to evade As discussed in the QCT Exemptive represent different classes of shares of the requirements of Rule 611. Elements Order,19 the Commission believes that the same issuer, or involve the securities (1) through (6) of the exemption, as set qualified contingent trades potentially of participants in mergers or with forth above, are sufficient to encompass could become too risky and costly to be intentions to merge that have been only those trades most in need of relief employed successfully if they were 22 to remain part of a viable trading required to meet the trade-through announced or since cancelled. The QCT Exemption does not apply to strategy and where execution of the provisions of Rule 611. Absent an NMS stock component at a trade- exemption, participants in contingent contingent trades, such as statistical arbitrage transactions, if their through price is reasonably necessary to trades often would need to use the effect the contingent trade. Rule’s intermarket sweep order components do not involve instruments with a specified relationship. Accordingly, the QCT Exemption, as exception and route orders to execute modified, should provide appropriate In the QCT Exemptive Order,23 the against protected quotations with better relief in those circumstances where Commission noted that the Size prices than an NMS stock component of compliance with Rule 611 could be Condition further limited the QCT the contingent trade. Any executions of most difficult as a practical matter, but Exemption to those transactions where these routed orders could throw the also is limited to a small number of an exemption is likely to be most participants ‘‘out of hedge’’ and transactions that should not unduly needed to facilitate the trading strategies necessitate additional transactions in an undermine the objectives of Rule 611.25 of informed customers. As a national attempt to correct the imbalance. As a In this regard, the Commission notes securities exchange with extensive practical matter, the difficulty of that the exemption, as discussed in the experience in executing contingent maintaining a hedge, and the risk of QCT Exemptive Order, is premised on options and stock transactions, CBOE falling out of hedge, could dissuade an expectation that qualified contingent notes that the Size Condition in practice participants from engaging in contingent trades will continue to be used for has served to inhibit retail investors trades, or at least raise the cost of such essentially the same valid trading from engaging in buy-write transactions trades. The elimination or reduction of purposes as they are currently. A this trading strategy potentially could material change in the nature or 21 remove liquidity from the market. The The requirement that an Exempted NMS Stock frequency of such trades could cause the Commission therefore determined to Transaction be fully hedged should significantly limit the scope of the exemption. For example, a Commission to reconsider the terms of exempt qualified exempted trades from contingent trade would not qualify for the 20 the exemption. Rule 611. exemption if an NMS stock transaction was the For the foregoing reasons, the To minimize the effect of the QCT purchase or sale of 50,000 shares, and the only Commission finds that removing the other component was the purchase or sale of a Exemption on the objectives of Rule Size Condition from the QCT Exemption 611, it was narrowly drawn to small quantity of options on the NMS stock. A trading center may demonstrate that an Exempted encompass only those trades most in NMS Stock Transaction is fully hedged under the 24 CBOE Exemption Request at 3. circumstances based on the use of reasonable risk- 25 See CBOE Exemption Request at 4 18 A trading center may demonstrate that an valuation methodologies. (representing that removal of the Size Condition Exempted NMS Stock Transaction is fully hedged 22 Transactions involving cancelled mergers will not result in a large increase in the number of under the circumstances based on the use of would be qualified contingent trades only to the transactions being exempted from Rule 611 because reasonable risk-valuation methodologies. extent that they involve the unwinding of a pre- smaller contingent trades represent a very small 19 71 FR at 52831. existing position in the merger participants’ shares. portion of the overall amount of stock executions 20 Id. 23 71 FR at 52831. in listed stocks).

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is necessary and appropriate in the proposed rule change, as amended, from the Exchange incorporated RCMMs into public interest, and is consistent with interested persons. the Pilot and subsequently amended the the protection of investors. Pilot to allow RCMMs to use an I. Self-Regulatory Organization’s Exchange authorized and provided IV. Conclusion Statement of the Terms of Substance of portable phone on the Exchange Floor to the Proposed Rule Change It is hereby ordered, pursuant to Rule call to and receive calls from their 611(d) of Regulation NMS, that the Size The Exchange is proposing to amend booths on the Exchange Floor.8 Condition is removed from the QCT Exchange Rule 36 (Communications Exchange Rule 36 governs the Exemption. Between Exchange Member’s Offices) to establishment of telephone or electronic For the Commission, by the Division of make permanent the existing portable communications between the Exchange 5 Trading and Markets, pursuant to delegated phone pilot (the ‘‘Pilot’’). Floor and any other location. Prior to 26 authority. II. Self-Regulatory Organization’s the Pilot, Exchange Rule 36 prohibited Florence E. Harmon, Statement of the Purpose of, and the use of portable phone Deputy Secretary. Statutory Basis for, the Proposed Rule communications between the Exchange [FR Doc. E8–7446 Filed 4–8–08; 8:45 am] Change Floor and any off-Floor location. The BILLING CODE 8011–01–P only approved communication by Floor In its filing with the Commission, the brokers between the Exchange Floor and Exchange included statements an off-Floor location prior to the Pilot concerning the purpose of, and basis for, SECURITIES AND EXCHANGE was by means of a telephone located at the proposed rule change. The text of COMMISSION a broker’s booth. Communications often these statements may be examined at involved a customer calling a broker at [Release No. 34–57611; File No. SR–NYSE– the places specified in Item IV below. the booth for ‘‘market look’’ 2008–20] The Exchange has prepared summaries, information. Prior to the Pilot, a broker set forth in sections A, B, and C below, Self-Regulatory Organizations; New could not use a portable phone in a of the most significant aspects of such trading Crowd at the point of sale to York Stock Exchange LLC; Notice of statements. Filing of Proposed Rule Change and speak with a person located off the Amendments No. 1 and 2 Thereto A. Self-Regulatory Organization’s Exchange Floor. Relating to Exchange Rule 36 Statement of the Purpose of, and Under the Pilot, sections .21 and .22 (Communications Between Exchange Statutory Basis for, the Proposed Rule of Exchange Rule 36 delineate the and Member’s Offices) To Make Change conditions under which Floor brokers and RCMMs, respectively, are allowed Permanent an Existing Portable Phone 1. Purpose Pilot to use an Exchange authorized and Through this rule change, the provided portable phone on the April 3, 2008. Exchange seeks to amend Exchange Exchange Floor.9 Currently, under the Pursuant to Section 19(b)(1) of the Rule 36 to allow Floor brokers and Securities Exchange Act of 1934 Registered Competitive Market-Makers an additional six months ending on June 16, 2004); 1 2 (‘‘RCMMs’’) 4 to use Exchange 49954 (July 1, 2004), 69 FR 41323 (July 8, 2004) (‘‘Act’’) and Rule 19b–4 thereunder, (SR–NYSE–2004–30) (extending the Pilot for an notice is hereby given that on March 17, authorized and provided portable additional five months ending on November 30, 2008, the New York Stock Exchange phones on the Exchange Floor, provided 2004); 50777 (December 1, 2004), 69 FR 71090 LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with certain specified conditions are met. (December 8, 2004) (SR–NYSE–2004–67) (extending Such usage has been permitted on a the Pilot for an additional four months ending the Securities and Exchange March 31, 2005); 51464 (March 31, 2005), 70 FR Commission (‘‘Commission’’) the pilot basis. The current Pilot expires on 17746 (April 7, 2005) (SR–NYSE–2005–20) proposed rule change as described in April 30, 2008, and the NYSE seeks to (extending the Pilot for additional four months Items I, II, and III below, which Items have the amendment to Exchange Rule ending July 31, 2005); 52188 (August 1, 2005), 70 36 made permanent. FR 46252 (August 9, 2005) (SR–NYSE–2005–53) have been substantially prepared by the (extending the Pilot for an additional six months Exchange. On March 27, 2008, the Background ending January 31, 2006); 53277 (February 13, Exchange submitted Amendment No. 1 2006), 71 FR 8877 (February 21, 2006) (SR–NYSE– to the proposed rule change.3 On April The Commission originally approved 2006–03) (extending the Pilot for an additional six 2, 2008, the Exchange submitted the Pilot to be implemented for a six- months ending July 31, 2006); 54276 (August 4, 5 2006), 71 FR 45885 (August 10, 2006) (SR–NYSE– Amendment No. 2 to the proposed rule month period beginning no later than 6 2006–55) (extending the Pilot for an additional six change.4 The Commission is publishing June 23, 2003. Since the inception of months ending January 31, 2007); 55218 (January this notice to solicit comments on the the Pilot, the Exchange has extended the 31, 2007), 72 FR 6025 (February 8, 2007) (SR– Pilot nine times, with the current Pilot NYSE–2007–05) (extending the Pilot for an 7 additional twelve months ending January 31, 2008); 26 set to expire on April 30, 2008. In 2006, 17 CFR 200.30–3(a)(82). and 57249 (January 31, 2008), 73 FR 7024 (February 1 15 U.S.C.78s(b)(1). 6, 2008) (SR–NYSE–2008–10) (extending the Pilot 2 17 CFR 240.19b–4. 5 See also note 9 infra. Member Education for an additional three months ending April 30, 3 In Amendment No. 1, the Exchange included Bulletins (‘‘MEBs’’) and acknowledgment forms are 2008). the rule text of Exchange Rule 36 as originally part of the rule proposal. 8 See Securities Exchange Act Release Nos. 53213 approved by the Commission as a pilot and 4 See Exchange Rule 107A, which defines and (February 2, 2006), 71 FR 7103 (February 10, 2006) subsequently amended to include Registered governs the registration and dealings of RCMMs. (SR–NYSE–2005–80) and 54215 (July 26, 2006), 71 Competitive Market Makers (‘‘RCMMs’’). See notes 5 See Securities Exchange Act Release No. 47671 FR 43551 (August 1, 2006) (SR–NYSE–2006–51). 6 and 8 infra. Amendment No. 1 replaced the (April 11, 2003), 68 FR 19048 (April 17, 2003) (SR– 9 See MEBs 2005–20 (November 28, 2005) and original filing in its entirety. See also note 4 infra. NYSE–2002–11). 2005–23 (December 2, 2005). MEBs describe the 4 Amendment No. 2 replaced Amendment No. 1 6 See Securities Exchange Act Release No. 47992 conditions for the use of a portable phone by Floor in its entirety. In Amendment No. 2, the Exchange (June 5, 2003), 68 FR 35047 (June 11, 2003) (SR– brokers and RCMMs, the acknowledgement included an inadvertently omitted portion of the NYSE–2003–19) (delaying the implementation date procedure, and the rule text. These MEBs were text of Exchange Rule 36. Amendment No. 2 for portable phones from on or about May 1, 2003, previously filed as exhibits with the Commission in amends Exhibit 5 of the 19b–4 so that it accurately to no later than June 23, 2003). connection with the operation of the Pilot. See reflects the existing portable phone pilot and the 7 See Securities Exchange Act Release Nos. 48919 Securities Exchange Act Release No. 53213 text of Exchange Rule 36 as it will appear upon (December 12, 2003), 68 FR 70853 (December 19, (February 2, 2006), 71 FR 7103 (February 10, 2006) permanent approval of the pilot. 2003) (SR–NYSE–2003–38) (extending the Pilot for (SR–NYSE–2005–80). Revised MEBs will be sent to

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Pilot, with the approval of the member organizations’ off-Floor office, Specialists are subject to separate Exchange, a Floor broker is permitted to and to communicate with the off-Floor restrictions in Exchange Rule 36 on engage in direct voice communication office of their clearing member their ability to engage in from the point of sale to an off-Floor organization to enter off-Floor orders communications from the specialist post location, such as a member firm’s and to discuss matters related to the to an off-Floor location.14 The trading desk or the office of one of the clearance and settlement of transactions, amendments to Exchange Rule 36 broker’s customers. Such provided the off-Floor office uses a proposed in this filing will not apply to communications permit the broker to wired phone line for these discussions. specialists, who would continue to be accept orders consistent with Exchange RCMMs and their or their member prohibited from communicating from rules, provide status and oral execution organization’s off-Floor offices may not the post to upstairs trading desks or reports as to orders previously received, use portable phones to transmit to the customers.15 as well as ‘‘market look’’ observations as Exchange Floor orders for the purchase Pilot Program Results historically have been routinely or sale of securities by public customers transmitted from a broker’s booth or any other agency business.12 For both Currently, there are approximately location. RCMMs and Floor brokers, use of a 400 portable phone subscribers.16 For a Both incoming and outgoing calls are portable phone on the Exchange Floor sample week of October 15 through allowed, provided the requirements of other than one authorized and provided October 19, 2007, an average of 2,518 all other Exchange rules have been met. by the Exchange is prohibited. calls/day were outgoing calls from A Floor broker is not permitted to It is impermissible for RCMMs, their portable phones issued to Floor brokers represent and execute any order booth personnel, their member and RCMMs. An average of 960 calls/ received as a result of such voice organization’s off-Floor office, and their day were incoming calls to the portable communication unless the order is first clearing member organization’s off-Floor phones. Of the outgoing calls from properly recorded by the member and office to use call-forwarding or portable phones, an average of 1,026 entered into the Exchange’s Front End conference calling. Accordingly, calls/day were calls to the booth by Systemic Capture (FESC) electronic Exchange authorized and provided Floor brokers and RCMMs, and 1,492 database.10 In addition, Exchange Rules portable phones used by RCMMs do not calls/day were calls by RCMMs to the require that Floor brokers receiving have call forwarding or conference upstairs offices of their member orders from the public over portable calling capabilities and booth phones organization and their clearing member phones must be properly qualified to used to make calls to and receive calls organization and calls of Floor brokers. engage in such direct access business from RCMMs are prohibited from Approximately 41% of the outgoing under Exchange Rules 342 and 345, having call forwarding or conference calls from portable phones were calls to among others.11 calling features enabled. RCMMs and the booth by Floor brokers and RCMMs. It is impermissible for Floor brokers to their member organizations must Of the 960 average incoming calls/day use call-forwarding or conference implement procedures designed to deter received, an average of 337 calls/day calling. Accordingly, Exchange their or their member organization’s off- were calls to RCMMs from the upstairs authorized and provided portable Floor office and the off-Floor office of offices of their member organization and phones used by Floor brokers do not their clearing member organization their clearing member organization and have call forwarding or conference calling their portable phone from using calls to Floor brokers. An average of 623 calling capabilities, and Floor brokers caller ID block or any other means calls/day were calls received from the and their member organizations must designed to conceal the phone number booth. Thus, approximately 65% of all have procedures designed to deter from which the call is being made. incoming calls received were from the anyone calling their portable phone Use of the portable phone by Floor from using caller ID block or attempting brokers and RCMMs pursuant to incoming and outgoing calls that NYSE Regulation, to conceal the phone number from Inc. deems necessary. Floor brokers additionally sections .21 and .22 of Exchange Rule 36 agree that to the extent they are aware that a which the call is being made. Moreover, must comply with all other rules, customer or any other incoming caller is using a members and member organizations policies, and procedures of both the caller ID block, the Floor broker will request in must make and retain records which federal securities laws and the writing that the customer/caller disable such block reflect compliance with these when calling the Floor broker. Such written request Exchange, including the record must be documented and a copy of the same procedures. retention requirements, as set forth in retained. RCMMs acknowledge that they may only The Pilot also allows RCMMs to use Exchange Rule 440 and SEC Rules 17a– call and receive calls from the locations delineated an Exchange authorized portable phone 3 and 17a–4. Further, every Floor broker in section .22 of Exchange Rule 36. RCMMs additionally agree to disable the functionality that solely to call and receive calls from their and RCMM must sign a written booths on the Exchange Floor, to allows call-forwarding, conference calling, caller ID agreement consenting to specified terms block, or any other means to conceal the phone communicate with their or their of usage in connection with the number from which the call is being made. operation of the Pilot and their use of 14 See Securities Exchange Act Release No. 46560 all Floor brokers and RCMMs utilizing portable (September 26, 2002), 67 FR 62088 (October 3, phones pursuant to Exchange Rule 36. the Exchange authorized and provided 2002) (SR–NYSE–00–31) (discussing restrictions on 13 10 See Exchange Rule 123(e). See also Securities portable phones. specialists’ communications from the post). Exchange Act Release Nos. 43689 (December 7, 15 Exchange Rule 36.30 provides that, with the 2000), 65 FR 79145 (December 18, 2000) (SR– 12 Allowing RCMMs acting as Floor brokers to use approval of the Exchange, a specialist unit may NYSE–98–25) and 44943 (October 16, 2001), 66 FR portable phones would involve further discussions maintain a telephone line at its stock trading post 53820 (October 24, 2001) (SR–NYSE–2001–39) with the Commission and would be the subject of location to the off-Floor offices of the specialist unit (discussing certain exceptions to FESC, such as a separate filing with the Commission. or the unit’s clearing firm. Such telephone orders to offset an error, or a bona fide arbitrage, 13 Floor brokers and RCMMs agree to comply with connection shall not be used for the purpose of which may be entered within 60 seconds after a sections .20, .21, and .22 of Exchange Rule 36, all transmitting to the Exchange Floor orders for the trade is executed). other rules, policies, and procedures of both federal purchase or sale of securities, but may be used to 11 For more information regarding Exchange securities laws and the Exchange, including the enter options or futures hedging orders through the requirements for conducting a public business on record retention requirements of Exchange Rule 440 unit’s off-Floor office or the unit’s clearing firm, or the Exchange Floor, see Information Memos 01–41 and Rules 17a–3 and 17a–4 under the Act, and through a member (on the Exchange Floor) of an (November 21, 2001), 01–18 (July 11, 2001) acknowledge that the Exchange has the right to options or futures exchange. (available at http://www.nyse.com), and 91–25 (July request from their Exchange authorized portable 16 This data includes both Floor brokers and 8, 1991). phone service provider any records relating to RCMMs.

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booth and the remaining 35% of designed to promote just and equitable Securities and Exchange Commission, incoming calls received were calls to principles of trade, to remove 100 F Street, NE., Washington, DC RCMMs from the upstairs offices of their impediments to and perfect the 20549–1090. member organization and their clearing mechanism of a free and open market All submissions should refer to File member organization and calls to Floor and a national market system and, in Number SR–NYSE–2008–20. This file brokers.17 general, to protect investors and the number should be included on the The Exchange believes that the Pilot public interest. The amendment to subject line if e-mail is used. To help the is operating successfully in that there is Exchange Rule 36 supports the Commission process and review your a reasonable degree of usage of portable mechanism of free and open markets by comments more efficiently, please use phones. Based on the Pilot, the providing a means for increased only one method. The Commission will Exchange has not identified any communication by Floor brokers and post all comments on the Commission’s additional significant regulatory issues RCMMs to and from the Exchange Floor. Internet Web site (http://www.sec.gov/ to report at this time. Moreover, there rules/sro.shtml). Copies of the have been no administrative or B. Self-Regulatory Organization’s Statement on Burden on Competition submission, all subsequent technical problems, other than routine amendments, all written statements telephone maintenance issues, that have The Exchange does not believe that with respect to the proposed rule resulted from the operation of the Pilot the proposed rule change will impose change that are filed with the over the past few months. any burden on competition that is not Commission, and all written Proposal To Make Portable Phone Pilot necessary or appropriate in furtherance communications relating to the Permanent of the purposes of the Act. proposed rule change between the Commission and any person, other than The Exchange proposes to make C. Self-Regulatory Organization’s those that may be withheld from the permanent the amendment to Exchange Statement on Comments on the public in accordance with the Rule 36 permitting a Floor broker and Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be an RCMM to use an Exchange Members, Participants or Others available for inspection and copying in authorized and issued portable phone The Exchange has neither solicited the Commission’s Public Reference on the Exchange Floor. nor received written comments on the Room, 100 F Street, NE., Washington, The permanent incorporation of the proposed rule change. Pilot’s provisions will enable the DC 20549, on official business days Exchange to continue to provide more Date of Effectiveness of the Proposed between the hours of 10 a.m. and 3 p.m. direct, efficient access to its trading Rule Change and Timing for Copies of such filing also will be crowds and customers, increase the Commission Action available for inspection and copying at the principal office of the NYSE. All speed of transmittal and execution of Within 35 days of the date of orders, and provide an enhanced level comments received will be posted publication of this notice in the Federal without change; the Commission does of service to customers in an Register or within such longer period (i) increasingly competitive environment. not edit personal identifying as the Commission may designate up to information from submissions. You In particular, by enabling customers to 90 days of such date if it finds such speak directly to a Floor broker in a should submit only information that longer period to be appropriate and you wish to make available publicly. All trading crowd on an Exchange publishes its reasons for so finding or authorized and issued portable phone, submissions should refer to File (ii) as to which the self-regulatory Number SR–NYSE–2008–20 and should the proposed rule change will continue organization consents, the Commission what has become a more expeditious be submitted on or before April 30, will: 2008. and direct free flow of information than (a) By order approve such proposed the circuitous manner in which rule change; or For the Commission, by the Division of information was transmitted prior to the (b) Institute proceedings to determine Trading and Markets, pursuant to delegated authority.19 Pilot. whether the proposed rule change The Exchange believes that the should be disapproved. Florence E. Harmon, successful operation of the Pilot since Deputy Secretary. 2003 for Floor brokers with the IV. Solicitation of Comments [FR Doc. E8–7443 Filed 4–8–08; 8:45 am] inclusion of RCMMs in 2006 amply Interested persons are invited to BILLING CODE 8011–01–P demonstrates that the Pilot facilitates submit written data, views, and communication on the Exchange Floor arguments concerning the foregoing, for both Floor brokers and RCMMs including whether the proposed rule DEPARTMENT OF STATE without any corresponding drawbacks. change is consistent with the Act. [Public Notice 6169] Therefore, the Exchange believes it is Comments may be submitted by any of appropriate to amend Exchange Rule 36 the following methods: Determination Under Section 608 of to make permanent the existing Pilot. Electronic Comments the Department of State, Foreign 2. Statutory Basis • Operations, and Related Programs Use the Commission’s Internet Appropriations Act, 2008 (Div. J, Pub. The basis under the Act for this comment form (http://www.sec.gov/ L. 110–161) With Respect to Pakistan proposed rule change is the requirement rules/sro.shtml); or under Section 6(b)(5) of the Act 18 that • Send an e-mail to rule- Pursuant to the authority vested in me an Exchange have rules that are [email protected]. Please include File as Secretary of State, including by Number SR–NYSE–2008–20 on the Section 608 of the Department of State, 17 The Exchange has received records of incoming subject line. Foreign Operations, and Related and outgoing telephone calls from January 31, 2007, Programs Appropriations Act, 2008 through January 31, 2008, for Floor brokers and Paper Comments RCMMs and will continue to receive records of (Div. J, Pub. L. 110–161), and Executive such telephone calls on a monthly basis. • Send paper comments in triplicate 18 15 U.S.C. 78f(b)(5). to Nancy M. Morris, Secretary, 19 17 CFR 200.30–3(a)(12).

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Order 12163, as amended, I hereby schedule of charges for services of FAA of Transportation, 1200 New Jersey determine and certify that subsequent to Flight Standards aviation safety Avenue, SE., West Building Ground the termination of assistance to the inspectors outside the United States. Floor, Room W12–140, Washington, DC Government of Pakistan after a military The FAA updated this advisory circular 20590. coup on October 12, 1999, a in accordance with the procedures • Fax: Fax comments to the Docket democratically elected government has listed in Title 14 Code of Federal Management Facility at 202–493–2251. taken office in Pakistan as of March 25, Regulations part 187, appendix A. • Hand Delivery: Bring comments to 2008, permitting immediate resumption DATES: This AC was effective on March the Docket Management Facility in of assistance. 28, 2008. Room W12–140 of the West Building I direct that this Determination be ADDRESSES: How to obtain copies: A Ground Floor at 1200 New Jersey published in the Federal Register and copy of this publication may be transmitted to the Congress. Avenue, SE., Washington, DC, between downloaded from: http://rgl.faa.gov/ 9 a.m. and 5 p.m., Monday through Regulatory_and_Guidance_Library/ Dated: March 28, 2008. Friday, except Federal holidays. Condoleezza Rice, rgAdvisoryCircular.nsf/0/2942 • Docket: To read background Secretary of State, Department of State. D01E37AF962A8625741A007210A3? OpenDocument&Highlight=187. documents or comments received, go to [FR Doc. E8–7477 Filed 4–8–08; 8:45 am] http://www.regulations.gov at any time FOR FURTHER INFORMATION CONTACT: Dr. BILLING CODE 4710–10–P or to the Docket Management Facility in Geoff McIntyre, Flight Standards Room W12–140 of the West Building Service, AFS–50, Federal Aviation Ground Floor at 1200 New Jersey Administration, 800 Independence DEPARTMENT OF STATE Avenue, SE., Washington, DC, between Avenue, SW., Washington, DC 20591, 9 a.m. and 5 p.m., Monday through [Public Notice 6160] telephone (202) 385–8139; e-mail: Friday, except Federal holidays. [email protected]. Determination on Provision of SUPPLEMENTARY INFORMATION: We will Assistance to Comoros Issued in Washington, DC on April 1, 2008. James J. Ballough, post all comments we receive, without change, to http://www.regulations.gov, Pursuant to Section 451 of the Foreign Director, Flight Standards Service. Assistance Act of 1961, as amended (the including any personal information you [FR Doc. E8–7394 Filed 4–8–08; 8:45 am] ‘‘Act’’) (22 U.S.C. 2261), and Section provide. Using the search function of 1–100(a)(1) of Executive Order 12163, as BILLING CODE 4910–13–P our docket web site, anyone can find amended, I hereby authorize, and read the comments received into notwithstanding any other provision of DEPARTMENT OF TRANSPORTATION any of our dockets, including the name law, the use of up to $1 million in Fiscal of the individual sending the comment Year 2008 funds available under Federal Aviation Administration (or signing the comment for an Chapter 6 of Part II of the Act, in order association, business, labor union, etc.). [Summary Notice No. PE–2008–15] to provide, for any unanticipated You may review DOT’s complete contingencies, assistance authorized by Petitions for Exemption; Summary of Privacy Act Statement in the Federal Part I of the Act (which is deemed to Petitions Received Register published on April 11, 2000 include references to Chapter 6 of Part (65 FR 19477–78). AGENCY: Federal Aviation II) for Comoros. FOR FURTHER INFORMATION CONTACT: Administration (FAA), DOT. This determination shall be reported Tyneka Thomas (202) 267–7626 or ACTION: to Congress promptly and published in Notice of petitions for Frances Shaver (202) 267–9681, Office the Federal Register. exemption received. of Rulemaking, Federal Aviation Dated: March 27, 2008. SUMMARY: This notice contains a Administration, 800 Independence Condoleezza Rice, summary of certain petitions seeking Avenue, SW., Washington, DC 20591. Secretary of State, Department of State. relief from specified requirements of 14 This notice is published pursuant to [FR Doc. E8–7470 Filed 4–8–08; 8:45 am] CFR. The purpose of this notice is to 14 CFR 11.85. BILLING CODE 4710–26–P improve the public’s awareness of, and Issued in Washington, DC, on April 3, participation in, this aspect of FAA’s 2008. regulatory activities. Neither publication Eve Adams, of this notice nor the inclusion or DEPARTMENT OF TRANSPORTATION Acting Director, Office of Rulemaking. omission of information in the summary Federal Aviation Administration is intended to affect the legal status of Petitions for Exemption any petition or its final disposition. [AC 187–1B] Docket No.: FAA–2008–0329. DATES: Comments on petitions received Petitioner: Embraer Empresa Flight Standards Service Schedule of must identify the petition docket Brasileira de Aeronautica, S.A. Charges Outside the United States number involved and must be received on or before April 29, 2008. Section of 14 CFR Affected: 14 CFR AGENCY: Federal Aviation ADDRESSES: You may send comments 121.344(d), (e), and (f). Administration (FAA), DOT. identified by Docket Number FAA– Description of Relief Sought: To ACTION: Notice of availability. 2008–0329 using any of the following permit the use of the Embraer EMB–145 methods: series airplane in operations under part SUMMARY: The Federal Aviation • Government-wide rulemaking Web 121 with a flight data recorder system Administration (FAA) is announcing the site: Go to http://www.regulations.gov that does not fully meet the data availability of revised Advisory Circular and follow the instructions for sending resolution requirements. (AC) 187–1B, Flight Standards Service your comments electronically. Schedule of Charges Outside the United • Mail: Send comments to the Docket [FR Doc. E8–7389 Filed 4–8–08; 8:45 am] States, which transmits an updated Management Facility; U.S. Department BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time In addition, one copy of any or to the Docket Management Facility in comments submitted to the FAA must Federal Aviation Administration Room W12–140 of the West Building be mailed or delivered to Mr. Thomas Ground Floor at 1200 New Jersey Hughes, Airport Director, at the [Summary Notice No. PE–2008–14] Avenue, SE., Washington, DC, between following address: P.O. Box 88004, Petition for Exemption; Summary of 9 a.m. and 5 p.m., Monday through Mobile, Alabama 36608–0004. Petition Received Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: William Schuller, Program Manager, AGENCY: Federal Aviation Tyneka Thomas (202) 267–7626 or Jackson Airports District Office, 100 Administration (FAA), DOT. Laverne Brunache (202) 267–3133, West Cross Street, Suite B, Jackson, MS ACTION: Notice of petition for exemption Office of Rulemaking, Federal Aviation 39208–2307, (601) 664–9883. The land received. Administration, 800 Independence release request may be reviewed in Avenue, SW., Washington, DC 20591. person at this same location. SUMMARY: This notice contains a This notice is published pursuant to SUPPLEMENTARY INFORMATION: summary of a petition seeking relief 14 CFR 11.85. The FAA is reviewing a request by the Mobile from specified requirements of 14 CFR. Issued in Washington, DC, on April 3, The purpose of this notice is to improve Airport Authority to release 46.75 acres 2008. of surplus property at the Mobile the public’s awareness of, and Eve Adams, participation in, this aspect of FAA’s Downtown Airport. The property will Acting Director, Office of Rulemaking. regulatory activities. Neither publication be exchanged within the Mobile Airport of this notice nor the inclusion or Petition for Exemption Authority for non-obligated land better omission of information in the summary suited for aeronautical purposes. The Docket No.: FAA–2008–0332. property will be held by the Mobile is intended to affect the legal status of Petitioner: Inter American University Airport Authority and sold in part or in the petition or its final disposition. of Puerto Rico. whole to commercial or industrial users. DATES: Comments on this petition must Section of 14 CFR Affected: 14 CFR The property is located along Mobile identify the petition docket number 61.129(a)(4) and part 141, Appendix D, Bay and is separated from airside involved and must be received on or paragraph 5(a). operations by existing, non-aeronautical before April 21, 2008. Description of Relief Sought: To allow Inter American University of Puerto development. The airport will realize ADDRESSES: You may send comments Rico pilot candidates to satisfy the equivalent fair market value in the identified by Docket Number FAA– requirements of conducting a cross- exchange of this property. 2008–0332 using any of the following country solo flight by performing the Any person may inspect the request methods: duties of pilot-in-command with an in person at the FAA office listed above • Government-wide rulemaking Web authorized instructor onboard. under FOR FURTHER INFORMATION site: Go to http://www.regulations.gov CONTACT. and follow the instructions for sending [FR Doc. E8–7393 Filed 4–8–08; 8:45 am] In addition, any person may, upon your comments electronically. BILLING CODE 4910–13–P • request, inspect the request, notice and Mail: Send comments to the Docket other documents germane to the request Management Facility; U.S. Department DEPARTMENT OF TRANSPORTATION in person at the offices of the Mobile of Transportation, 1200 New Jersey Airport Authority, Mobile, Alabama. Avenue, SE., West Building Ground Federal Aviation Administration Floor, Room W12–140, Washington, DC Issued in Jackson, Mississippi on April 1, 2008. 20590. Notice of Opportunity for Public • Rans D. Black, Fax: Fax comments to the Docket Comment on Surplus Property Release Manager, Jackson Airports District Office, Management Facility at 202–493–2251. at Mobile Downtown Airport, Mobile, • Southern Region. Hand Delivery: Bring comments to AL the Docket Management Facility in [FR Doc. E8–7244 Filed 4–8–08; 8:45 am] Room W12–140 of the West Building AGENCY: Federal Aviation BILLING CODE 4910–13–M Ground Floor at 1200 New Jersey Administration (FAA), DOT. Avenue, SE., Washington, DC, between ACTION: Notice of intent to rule on land 9 a.m. and 5 p.m., Monday through release request. Friday, except Federal holidays. DEPARTMENT OF THE TREASURY SUMMARY: Privacy: We will post all comments Under the provisions of Title Office of Thrift Supervision we receive, without change, to http:// 49, U.S.C. Section 47153(c), notice is www.regulations.gov, including any being given that the FAA is considering a request from the Mobile Airport Savings Associations Holding personal information you provide. Company Application Using the search function of our docket Authority to waive the requirement that a 46.75-acre parcel of surplus property, Web site, anyone can find and read the AGENCY: Office of Thrift Supervision comments received into any of our located at the Mobile Downtown (OTS), Treasury. Airport, be used for aeronautical dockets, including the name of the ACTION: Notice and request for comment. individual sending the comment (or purposes. signing the comment for an association, DATES: Comments must be received on SUMMARY: The proposed information business, labor union, etc.). You may or before May 9, 2008. collection request (ICR) described below review DOT’s complete Privacy Act ADDRESSES: Comments on this notice has been submitted to the Office of Statement in the Federal Register may be mailed or delivered in triplicate Management and Budget (OMB) for published on April 11, 2000 (65 FR to the FAA at the following address: review and approval, as required by the 19477–78). Jackson Airports District Office, 100 Paperwork Reduction Act of 1995. OTS Docket: To read background West Cross Street, Suite B, Jackson, MS is soliciting public comments on the documents or comments received, go to 39208–2307. proposal.

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DATES: Submit written comments on or Affected Public: Business or other for- comments at the Public Reading Room, before May 9, 2008. A copy of this ICR, profit; Federal Government. 1700 G Street, NW., by appointment. To with applicable supporting Estimated Number of Respondents: make an appointment, call (202) 906– documentation, can be obtained from 50. 5922, send an e-mail to RegInfo.gov at http://www.reginfo.gov/ Estimated Number of Responses: 50. [email protected], or send a public/do/PRAMain. Estimated Burden Hours per facsimile transmission to (202) 906– ADDRESSES: Send comments, referring to Response: 500 hours. 7755. the collection by title of the proposal or Estimated Frequency of Response: Other; When seeking regulatory activity FOR FURTHER INFORMATION CONTACT: For by OMB approval number, to OMB and further information or to obtain a copy OTS at these addresses: Office of request. Estimated Total Burden: 25,000 of the submission to OMB, please Information and Regulatory Affairs, hours. contact Ira L. Mills at Attention: Desk Officer for OTS, U.S. Clearance Officer: Ira L. Mills, (202) [email protected] or (202) 906– Office of Management and Budget, 906–6531, Office of Thrift Supervision, 6531, or facsimile number (202) 906– 725—17th Street, NW., Room 10235, 1700 G Street, NW., Washington, DC 6518, Regulations and Litigation Washington, DC 20503, or by fax to 20552. Division, Chief Counsel’s Office, Office (202) 395–6974; and Information of Thrift Supervision, 1700 G Street, Dated: April 1, 2008. Collection Comments, Chief Counsel’s NW., Washington, DC 20552. Deborah Dakin, Office, Office of Thrift Supervision, SUPPLEMENTARY INFORMATION: OTS may 1700 G Street, NW., Washington, DC Senior Deputy Chief Counsel, Regulations and not conduct or sponsor an information Legislation Division. 20552, by fax to (202) 906–6518, or by collection, and respondents are not e-mail to [FR Doc. E8–7403 Filed 4–8–08; 8:45 am] required to respond to an information [email protected]. BILLING CODE 6720–01–P collection, unless the information OTS will post comments and the related collection displays a currently valid index on the OTS Internet Site at DEPARTMENT OF THE TREASURY OMB control number. As part of the http://www.ots.treas.gov. In addition, approval process, we invite comments interested persons may inspect Office of Thrift Supervision on the following information collection. comments at the Public Reading Room, Title of Proposal: Deposits and 1700 G Street, NW., by appointment. To Deposits and Savings Accounts by Savings Accounts by Office. make an appointment, call (202) 906– Office OMB Number: 1550–0004. 5922, send an e-mail to Form Number: OTS Form 248. [email protected], or send a AGENCY: Office of Thrift Supervision Description: This survey provides the facsimile transmission to (202) 906– (OTS), Treasury. only financial information by individual 7755. ACTION: Notice and request for comment. branch offices for OTS-regulated FOR FURTHER INFORMATION CONTACT: For institutions and is comparable to data SUMMARY: The proposed information collected by the FDIC for banks. The further information or to obtain a copy collection request (ICR) described below of the submission to OMB, please data is essential to determine market has been submitted to the Office of shares of institutions in local market contact Ira L. Mills at Management and Budget (OMB) for [email protected] or (202) 906– areas, and is used for anti-competitive review and approval, as required by the analysis by OTS, FDIC, FRB, OCC and 6531, or facsimile number (202) 906– Paperwork Reduction Act of 1995. OTS 6518, Regulations and Litigation DOJ. The information is also used for is soliciting public comments on the small geographic area analysis by OTS Division, Chief Counsel’s Office, Office proposal. of Thrift Supervision, 1700 G Street, staff, other federal agencies, financial NW., Washington, DC 20552. DATES: Submit written comments on or institutions and financial consultants. before May 9, 2008. A copy of this ICR, SUPPLEMENTARY INFORMATION: OTS may The information is collected annually with applicable supporting not conduct or sponsor an information through a completely automated documentation, can be obtained from collection, and respondents are not process. RegInfo.gov at http://www.reginfo.gov/ Type of Review: Extension of a required to respond to an information public/do/PRAMain. currently approved collection. collection, unless the information Affected Public: Business or other for- collection displays a currently valid ADDRESSES: Send comments, referring to profit; Federal Government. OMB control number. As part of the the collection by title of the proposal or by OMB approval number, to OMB and Estimated Number of Respondents: approval process, we invite comments 816. on the following information collection. OTS at these addresses: Office of Information and Regulatory Affairs, Estimated Number of Responses: 816. Title of Proposal: Savings Estimated Burden Hours per Associations Holding Company Attention: Desk Officer for OTS, U.S. Office of Management and Budget, Response: 30 minutes. Application. Estimated Frequency of Response: 725—17th Street, NW., Room 10235, OMB Number: 1550–0015. Annually. Washington, DC 20503, or by fax to Form Number: OTS Form H–(E). Estimated Total Burden: 408 hours. Description: OTS analyzes each (202) 395–6974; and Information Clearance Officer: Ira L. Mills, (202) holding company application to Collection Comments, Chief Counsel’s 906–6531, Office of Thrift Supervision, determine whether the applicant meets Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC the statutory criteria set forth in Section 1700 G Street, NW., Washington, DC 20552. 10(e) of the Act to become a savings and 20552, by fax to (202) 906–6518, or by loan holding company. The forms are e-mail to Dated: April 4, 2008. reviewed for adequacy of answers to [email protected]. Deborah Dakin, items and completeness in all material OTS will post comments and the related Senior Deputy Chief Counsel, Regulations and respects. index on the OTS Internet Site at Legislation Division. Type of Review: Extension of a http://www.ots.treas.gov. In addition, [FR Doc. E8–7457 Filed 4–8–08; 8:45 am] currently approved collection. interested persons may inspect BILLING CODE 6720–01–P

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Part II

Department of Transportation Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384, and 385 Commercial Driver’s License Testing and Commercial Learner’s Permit Standards; Proposed Rule

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DEPARTMENT OF TRANSPORTATION Operations (M–30), West Building 13. New Standardized Endorsements and Ground Floor, Room W12–140, 1200 Restriction Codes Federal Motor Carrier Safety New Jersey Avenue, SE., Washington, 14. Previous Driving Offenses by CLP Administration DC 20590. Office hours are between 9 Holders and CLP Applicants a. Holders of a CLP a.m. and 5 p.m., ET, Monday through b. Applicants for a CLP 49 CFR Parts 383, 384, and 385 Friday, except Federal holidays. 15. Motor Carrier Prohibitions • [Docket No. FMCSA–2007–27659] Telefax: (202) 493–2251. 16. Incorporate CLP-Related Regulatory • Docket: To read all comments and Guidance Into Regulatory Text RIN 2126–AB02 background material in the docket, go to 17. Incorporate SAFE Port Act Provisions http://www.regulations.gov and type IV. Section-by-Section Discussion of the Commercial Driver’s License Testing ‘‘FMCSA–2007–27659’’. Proposals and Commercial Learner’s Permit Privacy Act: Regardless of the method A. Proposed Changes to Part 383 Standards 1. Section 383.5, Definitions used for submitting comments, all 2. Section 383.9, Matter Incorporated by AGENCY: Federal Motor Carrier Safety comments will be posted without Reference Administration (FMCSA), DOT. change to the Federal Docket 3. Section 383.23, Commercial Driver’s ACTION: Notice of proposed rulemaking Management System (FDMS) at http:// License (NPRM). www.regulations.gov. Anyone can 4. Section 383.25, Commercial Learner’s search the electronic form of all our Permit SUMMARY: The Federal Motor Carrier dockets in FDMS, by the name of the 5. Section 383.37, Employer’s Safety Administration (FMCSA) individual submitting the comment (or Responsibilities proposes to revise the commercial 6. Section 383.51, Disqualification of signing the comment, if submitted on Drivers driver’s license (CDL) knowledge and behalf of an association, business, labor 7. Section 383.71, Driver Application skills testing standards, and to require union, etc.). The DOT’s complete Procedures new Federal minimum standards for Privacy Act Statement was published in 8. Section 383.72, Implied Consent to States to issue commercial learner’s the Federal Register on April 11, 2000 Alcohol Testing permits (CLPs). FMCSA also proposes (65 FR 19476), and can be viewed at the 9. Section 383.73, State Procedures that a CLP holder meet virtually the URL http://docketsinfo.dot.gov. 10. Section 383.75, Third Party Testing 11. Section 383.77, Substitute for Driving same requirements as those for a CDL FOR FURTHER INFORMATION CONTACT: Skills Test holder. This means that a driver holding Robert Redmond, Office of Safety a CLP would be subject to the same 12. Section 383.79, Skills Testing of Out- Programs, Commercial Driver’s License of-State Students driver disqualification offenses as apply Division, telephone (202) 366–5014 or 13. Section 383.93, Endorsements to a CDL holder. This NPRM responds e-mail [email protected]. Office 14. Section 383.95, Air Brake Restrictions to section 4019 of the Transportation hours are from 8 a.m. to 4:30 p.m. 15. Section 383.110, General Requirement Equity Act for the 21st Century (TEA– 16. Section 383.111, Required Knowledge SUPPLEMENTARY INFORMATION: This 17. Section 383.113, Required Skills 21), section 4122 of the Safe, NPRM is organized as follows: Accountable, Flexible, Efficient 18. Sections 383.115, Requirements for Transportation Equity Act: A Legacy for I. Legal Basis for the Rulemaking Double/Triple Trailers Endorsement, Users (SAFETEA–LU), and section 703 II. Background 383.117, Requirements for Passenger of the Security and Accountability For A. Summary of This NPRM Endorsement, 383.119, Requirements for B. History Tank Vehicle Endorsement, 383.121, Every Port Act of 2006 (SAFE Port Act). III. General Discussion of the Issues and Requirements for Hazardous Materials The purpose of this proposal is to Proposals Endorsement, and 383.123, enhance safety by ensuring that only 1. Strengthen Legal Presence Requirement Requirements for a School Bus qualified drivers are allowed to operate 2. Social Security Number Verification Endorsement commercial motor vehicles on our Before Issuing CLP or CDL 19. Appendix to Subpart G nation’s highways. 3. Surrender of CLP, CDL, and Non-CDL 20. Section 383.131, Test Manuals Documents 21. Section 383.133, Test Methods DATES: Please submit comments 4. CDL Testing Requirements for Out-of- 22. Section 383.135, Passing knowledge regarding this NPRM by June 9, 2008. State Driver Training School Students and Skills Tests ADDRESSES: Please submit comments by 5. State Reciprocity for CLPs 23. Subpart J, Commercial Driver’s License only one of the following methods— 6. Minimum Uniform Standards for Issuing Document Internet, facsimile, regular mail, or a CLP 24. Section 383.155, Tamperproofing hand-deliver. Please do not submit the a. Passing the General Knowledge Test To Requirements same comments multiple times or by Obtain a CLP B. Proposed Changes to Part 384 more than one method. The Federal b. Requiring the CLP To Be a Separate 1. Sections 384.105, Definitions; 384.204, Document From the CDL or Non-CDL CDL Issuance and Information; 384.205, eRulemaking portal is the preferred c. CLP Document Should Be Tamperproof CDLIS Information; 384.207, Notification method for submitting comments, and d. Recording the CLP in CDLIS of Licensing; 384.208, Notification of we urge you to use it. 7. Maximum Initial Validity and Renewal Disqualification; 384.209, Notification of • Federal eRulemaking Portal: Search Periods for CLP and CDL Traffic Violations; 384.210, Limitations the Federal Docket Management System a. Initial Validity and Renewal Periods for on Licensing; 384.212, Domicile (FDMS) Web site at http:// CLP Requirement; Section 384.214, www.regulations.gov. In the Comment b. Initial Validity and Renewal Periods for Reciprocity; 384.220, Problem Driver or Submission section, type Docket ID a CDL Pointer System Information; 384.225, Number ‘‘FMCSA–2007–27659’’, select 8. Establish a Minimum Age for CLP Record of Violation; 384.226, Prohibition ‘‘Go’’, and then click on ‘‘Send a 9. Preconditions To Taking the CDL Skills on Masking Convictions; 384.231, Test Satisfaction of State Disqualification Comment or Submission.’’ You will 10. Limit Endorsements on CLP to Requirement; and 384.405, receive a tracking number when you Passenger (P) Only Decertification of State CDL Program submit a comment. 11. Methods of Administering CDL Tests 2. Section 384.206, State Record Checks • Mail, Courier, or Hand-Deliver: U.S. 12. Update Federal Knowledge and Skills 3. Section 384.211, Surrender of Old Department of Transportation, Docket Test Standards Licenses

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4. Section 384.217, Drug Offenses commercial motor vehicles do not cooperation with the Department of 5. Section 384.227, Record of Digital Image impair their ability to operate the Homeland Security, to issue a regulation or Photograph vehicles safely; (3) the physical to implement the recommendations in a 6. Section 384.228, Examiner Training and condition of operators of commercial Record Checks report issued by the OIG on February 7, 7. Section 384.229, Skills Test Examiner motor vehicles is adequate to enable 2006 [‘‘Oversight of the Commercial Auditing and Monitoring them to operate the vehicles safely; and Driver’s License Program’’] dealing with 8. Section 384.301, Substantial (4) the operation of commercial motor steps needed to improve anti-fraud Compliance—General Requirements vehicles does not have a deleterious measures in the CDL program. In a 2002 C. Proposed Changes to Part 385 effect on the physical condition of the CDL audit report, the OIG recommended V. Regulatory Analyses and Notices operators’’ (49 U.S.C. 31136(a)). that FMCSA require testing protocols This NPRM, like the CDL regulations, I. Legal Basis for the Rulemaking and performance oriented requirements is based in part on the requirements of for English language proficiency. This This rulemaking is based on the broad 49 U.S.C. 31136(a)(1) and (2) that CMVs authority of the Commercial Motor be ‘‘operated safely’’ and that ‘‘the regulatory proposal incorporates all of Vehicle Safety Act of 1986 (CMVSA) responsibilities imposed on [CMV the OIG’s recommendations which are (Pub. L. 99–570, Title XII, 100 Stat. drivers] do not impair their ability to discussed in more detail later in the 3207–170, 49 U.S.C. chapter 313); the operate the vehicles safely.’’ The preamble. Many of the operational Motor Carrier Safety Act of 1984 changes to part 383 proposed in this procedures suggested by the OIG for (MCSA) (Pub. L. 98–554, Title II, 98 rule would help to ensure that drivers carrying out the recommendations have Stat. 2832, 49 U.S.C. 31136); and the who operate CMVs are legally licensed also been adopted. Motor Carrier Act of 1935 (MCA) to do so and that they do not operate In addition to the specific legal (Chapter 498, 49 Stat. 543, 49 U.S.C. CMVs without having passed the authorities discussed above, FMCSA is 31502). It is also based on section 4122 requisite tests. required, before prescribing regulations, of the Safe, Accountable, Flexible, The MCA authorized the Secretary of to consider the ‘‘costs and benefits’’ of Efficient Transportation Equity Act: A Transportation to prescribe any proposal (49 U.S.C. 31136(c)(2)(A), Legacy for Users (SAFETEA–LU) (Pub. requirements for the ‘‘qualifications 31502(d)). The Regulatory Flexibility L. 109–59, 119 Stat. 1144, at 1734, 49 * * * of employees’’ of for-hire and U.S.C. 31302, 31308, and 31309); and Analysis prepared for this proposed rule private motor carriers (49 U.S.C. discusses those issues later in the section 703 of the Security and 31502(b)). This NPRM, like the CDL Accountability For Every Port Act of preamble and more comprehensively in regulations, is based in part on that a separate document filed in the docket. 2006 (SAFE Port Act) (Pub. L. 109–347, authority and is intended to enhance the 120 Stat. 1884, at 1944). qualifications of CMV drivers by II. Background The CMVSA required the Secretary of ensuring that they obtain a CLP before Transportation, after consultation with applying for a CDL. A. Summary of This NPRM the States, to prescribe regulations on Section 4122 of SAFETEA–LU The Notice of Proposed Rulemaking minimum uniform standards for the required the Department of (NPRM) proposes the following issuance of commercial driver’s licenses Transportation (DOT) to prescribe revisions to the CDL knowledge and (CDLs) by the States and for information regulations on minimum uniform skills testing standards in response to to be contained on each such license (49 standards for the issuance of CLPs, as it U.S.C. 31305, 31308). The CMVSA also has already done for CDLs (49 U.S.C. the statutory mandates and OIG authorized the Secretary to adopt 31308(2)). More specifically, section recommendations: regulations for a learner’s permit (49 4122 provided that an applicant for a (1) Knowledge and Skills Testing U.S.C. 31305(b)(2)). Paragraph (c) of 49 CLP must first pass a knowledge test Requirements CFR 383.23 addresses the learner’s which complies with minimum permit by ratifying the States’ standards prescribed by the Secretary Successful completion of the regulations on this subject, provided and may have only one CLP at a time; knowledge test, currently a prerequisite they comply with certain Federal that the CLP document must have the for the CDL, would be required before requirements. This NPRM is proposing same information and security features issuance of the CLP. The NPRM would a Federal requirement for a commercial as the CDL; and that the data on each incorporate by reference the latest learner’s permit (CLP) as a pre-condition CLP holder must be added to the American Association of Motor Vehicle for issuing a CDL and proposing various driver’s record in the Commercial Administrators’ (AAMVA) Model Test other changes to enhance the CDL Driver’s License Information System package for knowledge and skill program. A summary of the proposed (CDLIS).1 This NPRM includes each of standards. It would include a changes organized by section number those requirements, as explained later in prohibition on use of foreign language appears below in the Section-by-Section this preamble. interpreters in the administration of the Discussion of the Proposals. Section 703(a) of the SAFE Port Act knowledge and skills tests, to reduce the The MCSA conferred authority to required the Secretary of Transportation potential for fraud. regulate drivers, motor carriers, and to issue regulations implementing the commercial motor vehicles (CMVs). It recommendations in a memorandum (2) Issuance of and Standards for CLPs required the Secretary of Transportation issued by the DOT’s Office of the and CDLs to ‘‘prescribe regulations on commercial Inspector General (OIG) on June 4, 2004, motor vehicle safety. The regulations concerning verification of the legal The NPRM would specifically require shall prescribe minimum safety status of commercial drivers. Section that each applicant obtain a CLP and standards for commercial motor 703(b) required the Secretary, in hold it for a minimum of 30 days before vehicles. At a minimum, the regulations applying for a CDL. It would establish shall ensure that: (1) Commercial motor 1 CDLIS is an information system to exchange a minimum age of 18 for issuance of a vehicles are maintained, equipped, commercial driver licensing information among all CLP. The CLP would have to be a the States. CDLIS includes the databases of fifty-one separate document from the CDL or loaded, and operated safely; (2) the licensing jurisdictions and the CDLIS Central Site, responsibilities imposed on operators of all connected by a telecommunications network. non-commercial driver’s license (non-

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CDL 2 ), would have to be tamperproof to requirements exceed those proposed in Also, it would incorporate into the the extent possible, and would have to this rule and that a State in compliance regulations current FMCSA guidance include the same information as the with the former would automatically (available on the Agency’s Web site, CDL. The only endorsement allowed on comply with the latter. In this situation, under ‘‘Guidance for Regulations,’’ at the CLP would be a restricted passenger one alternative would be to adopt the http://www.fmcsa.dot.gov/rules- (P) endorsement. Each State would be REAL ID requirements, either verbatim regulations/administration/fmcsr/ required to create a CDLIS record for or by reference, into the FMCSRs. fmcsrguide.htm, related to issues each CLP it issues. FMCSA recognizes that further addressed by this rulemaking. Finally, Before issuing a CLP to a driver, the harmonization with the REAL ID rule there would be numerous minor issuing State would be required to may be needed before adopting a final editorial corrections and updates. perform a check of the driver’s previous rule. We welcome all suggestions driving record using both CDLIS and the consistent with the requirements of the B. History Problem Driver Pointer System (PDPS) CDL program which would help us The CDL program was established by to ensure the driver is not subject to the achieve that goal. We are especially the Commercial Motor Vehicle Safety sanctions of § 383.51, based on previous interested in comments from the States, Act of 1986. Parts 383 and 384 of Title motor vehicle violations. Discovery of which have the primary responsibility 49, Code of Federal Regulations, such sanctions would result in the for complying with the FMCSA and implement the CMVSA requirements. State’s refusal to issue a CLP to the DHS requirements and the greatest The CMVSA prohibits any person who driver. expertise in managing licensing does not hold a valid CDL or learner’s The NPRM would strengthen the legal programs. Their views on the possibility permit issued by his or her State of presence requirements and increase of adopting the language of the REAL ID domicile from operating a CMV that documentation required for CLP and rule for various requirements in this requires a driver with a CDL. The CDL applicants to demonstrate their regulation would be valuable. prohibition further affects driver legal presence in the United States, as (3) Measures for Prevention of Fraud training activities by limiting trainees to discussed under section III.1, below. For their State of domicile to (1) receive example, State driver’s license agencies The NPRM would include proposed training and behind-the-wheel would be required to verify the requirements intended to improve the experience, and (2) take the knowledge applicant’s Social Security Number with ability of States to detect and prevent and skills tests necessary to be issued a the Social Security Administration fraudulent testing and licensing activity CDL. This outcome creates problems (SSA). The NPRM would also address in the CDL program. These measures because commercial driver training applicants who wish to attend a driver would include the following: facilities and the type of training needed Æ training school in a State other than the Requiring verification of social are not equally available in all States. applicant’s State of domicile. States security numbers. Æ To address this and other issues, such would be required to recognize CLPs Requiring CLP and CDL applicants as a lack of uniformity in the duration issued by other States for training to prove legal presence in the United of learner’s permits, associated driver purposes. The NPRM would limit the States. history recordkeeping, and test Æ Requiring that a digitized photo of initial and renewal periods for both reciprocity among States, the Federal the driver be preserved by the State CLPs and CDLs. It would clarify under Highway Administration (FHWA) driver licensing agency. what circumstances an applicant must published an NPRM on August 22, 1990 Æ Requiring computer system surrender the CLP, CDL, or non-CDL. It (55 FR 34478). (Note: In the discussion controls to allow overrides by would also require all States to use below, the responsible agency is standardized endorsement and supervisory personnel only. Æ referred to as the FMCSA, regardless of restriction codes on CDLs. Requiring background checks and formal training for all test driving whether the action described occurred Many of the program areas and issues before or after the transfer of dealt with in this NPRM are also examiners. Æ Requiring the establishment of responsibility from FHWA to FMCSA in addressed in the Department of January 2000.) Homeland Security’s (DHS) final rule oversight systems for all examiners and Since the 1990 NPRM, major changes implementing the REAL ID Act testers (including third-party). Æ have occurred in the CDL program (‘‘Minimum Standards for Driver’s Disallowing the use of language through other rulemakings, regulatory Licenses and Identification Cards interpreters for the knowledge and skills guidance, legislation, and policy Acceptable by Federal Agencies for tests. decisions. For example, the September Official Purposes,’’ 73 FR 5272, January In addition proposed amendments to 11, 2001, terrorist attacks prompted 29, 2008, codified in 6 CFR part 37). part 384 would require these items to be Congress and FMCSA to expand the Although FMCSA and DHS have reviewed whenever FMCSA conducts a scope of the CDL program to include coordinated efforts to write regulations CDL compliance review of the State issues related to fraud and security. The that neither overlap nor conflict, the program. States found in substantial issuance of CDLs to unqualified persons statutes underlying these two rules non-compliance with these fraud and persons with false identities serve different purposes and apply to control measures, as well as the other significantly complicated detection and distinct kinds of licenses and driver requirements of part 384, would be prevention of fraud. All of these major populations. FMCSA welcomes subject to the loss of Federal-aid changes made the 1990 proposal suggestions for clarifying both the highway funds. obsolete. Thus, FMCSA withdrew the commonalities between this rule and (4) Other Regulatory Changes 1990 NPRM on February 23, 2006 (71 the REAL ID rule and the differences The proposed rule would specifically FR 42741). The current rulemaking between them. For example, we prohibit a motor carrier from using a effort revisits these issues and proposes recognize that certain REAL ID driver to operate a CMV who does not regulatory changes to implement section 2 A ‘‘non-CDL’’ is any other type of motor vehicle hold a current and appropriate CLP or 4019 of TEA–21, section 4122 of license, such as an automobile driver’s license, a CDL or to operate a vehicle in violation SAFETEA–LU, and section 703 of the chauffeur’s license, or a motorcycle license. of the restrictions on the CLP or CDL. SAFE Port Act.

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III. General Discussion of the Issues be able to meet residency requirements birth with the Social Security and Proposals using a driver’s license or showing of Administration (SSA). FMCSA considered two alternatives FMCSA identified 17 issues to be residence that masks lack of domicile for SSN verification. First, take no addressed in the NPRM. This section and/or citizenship or legal status. action. includes a description of each issue, Currently, levels of documentation for residency are not uniform or stringent Second, the CLP and CDL issuance alternatives considered to address the procedures should require States to issue, and FMCSA’s proposed solution. enough to meet the OIG’s standards of legal presence. verify certain identifying information This section also identifies the sections (e.g., name, date of birth, and SSN) in 49 CFR parts 383 and 384 that would The list of acceptable documents to show proof of citizenship or submitted on the license application be amended. A summary of the with the information on file with the regulatory changes organized by section immigration status for obtaining a hazardous materials endorsement (Table SSA. The States would be prohibited number appears below in the Section- from issuing, renewing, upgrading, or By-Section Discussion of the Proposals. 1 to § 383.71) could be adopted for all issuances of a CLP and CDL. An transferring a CLP or CDL if the SSA 1. Strengthen Legal Presence additional method for proving identity database does not match the data Requirement and reducing fraud is verifying provided by the applicant. This should applicants’ SSNs with the Social provide an effective safeguard against Virtually all States currently issue issuing CLPs or CDLs to applicants who CLPs and CDLs to U.S. citizens and Security Administration (SSA), which is discussed under Issue 2. apply for a CLP or CDL based on fraud. persons with permanent legal presence FMCSA proposes the second in the country who may not be The NPRM proposes to reinforce alternative because approximately 45 domiciled (i.e., permanent home and ‘‘State of domicile,’’ as currently defined States currently conduct SSN principal residence) in their State. CLPs in the regulations, as the basis for the verification for CDL applicants. Thus, and CDLs are also being issued to States’ actions to issue CLPs and CDLs. requiring SSN verification for both CLPs persons who have temporary legal The NPRM revises the regulations to and CDLs would appear to impose no presence in the country and are, specify that a State may only issue a additional burden on the majority of therefore, domiciled in a foreign CLP or CDL to an applicant who is a States; nor would it appear to be an country. U.S. citizen or a lawful permanent unreasonable burden on those States On June 4, 2004, the DOT OIG issued resident of the United States. Applicants that do not currently subject CLP or CDL a Management Advisory on the need for domiciled in a foreign country, other applicants to SSN verification. FMCSA to establish a legal presence than Canada and Mexico, who have Verification of SSN can be requirement for obtaining a CDL. The temporary or indefinite legal presence accomplished electronically through OIG recommended, at a minimum, in the country may be issued a both individual and batch methods with requiring proof of citizenship, or Nonresident CLP or Nonresident CDL minimum administrative cost or burden permanent residency or legal presence (regulations preclude issuing to States. The SSN verification would in the United States before a State issues Nonresident licenses to Canada and only have to be performed once on a a CDL. The OIG recommended that this Mexico). The NPRM also requires an CLP or CDL applicant if a notation is requirement be made part of the applicant to demonstrate legal domicile placed on the driver record that the licensing regulations, and FMCSA (not just prove legal presence), and to verification had been done and the proposes in the NPRM to require an present certain documentation to obtain results matched information provided applicant for a CLP to make a similar a Nonresident CLP and CDL. To by the applicant. demonstration. accomplish this goal, FMCSA adopts The OIG mentioned fingerprinting as Although ‘‘domicile’’ is not defined in OIG recommendations for document an alternative to a more thorough parts 383 or 384, ‘‘State of domicile’’ is verification for all CLP and CDL drivers, verification of SSNs, rather than as a defined in § 383.5 to mean that State that is, the same document verification program that should be undertaken in ‘‘where a person has his/her true, fixed, process as is required for hazardous parallel with SSN verification. FMCSA and permanent home and principal materials (hazmat) endorsements under is not proposing to require States to residence and to which he/she has the § 383.71(a)(9). perform fingerprinting of CLP or CDL intention of returning whenever he/she These requirements for verification, applicants at this time because the cost is absent.’’ If a State requires proof of along with other OIG recommendation of fingerprinting is significantly higher domicile as a prerequisite for a learner’s for verifying Social Security Numbers, than the cost of electronic verification of permit, then those applicants who can would help to reduce the incidence of SSNs. Furthermore, the incremental demonstrate that they permanently live fraud in the CDL program. FMCSA benefits in terms of security do not in the State, i.e., U.S. citizens and proposes to revise §§ 383.71 and 383.73 appear to justify the cost in terms of lawful permanent residents, would be to address this issue. equipment, training, and staffing, successful. 2. Social Security Number Verification necessary to develop a fingerprinting A related issue is the documentation Before Issuing CLP or CDL program for each State. Thus, FMCSA that would be acceptable as proof of proposes to add a provision to § 383.73. domicile. Presumably, the States When a CLP or CDL is issued to an FMCSA believes that its proposed recognize their own non-CDLs or other applicant, it is important to verify that revision adequately addresses OIG evidence of a home or residence in the the information provided on the concerns. State, for example, a utility bill. While application form is accurate, and that many States take precautions to check the person submitting the application is 3. Surrender of CLP, CDL, and Non-CDL an applicant’s record, such as who he or she claims to be. FMCSA has Documents conducting Social Security Number provided CDL grant funds to encourage Currently, §§ 383.71 and 383.73 (SSN) verification, this demonstration of States to verify social security numbers require the surrender of an existing domicile can be made by an applicant (SSNs) when issuing CDLs. Currently, license only when a CDL is being issued who does not qualify. In some cases, 45 States perform at least limited and the license it is replacing is either both U.S. and non-U.S. citizens might verification of SSN, name, and date of a non-CDL or a CDL from out of State.

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There is no requirement in the current out-of-State CLP for on-the-road Nonresident CDL would be recognized regulations that requires a driver to training. by the State of domicile. surrender (1) his or her license when Motor carriers and driver training However, this alternative is being issued a CDL, if the license is schools advertise that they will assist dependent upon whether the State in from the same State that is issuing the drivers in obtaining CDLs upon which the training is provided has the CDL, (2) his or her CLP when it is being completion of their training programs. desire and authority to issue a renewed or upgraded or a CDL is issued, Many training entities provide their Nonresident CDL. Other new CLP or (3) an old CDL when the CDL is students with a representative CMV for requirements in the NPRM would renewed or upgraded to add a new use in taking the skills test, and a driver decrease the vulnerability to fraudulent endorsement or class of license to the with a CDL to accompany the student to licensing practices under this new CDL. Although some States do the skills test location. Generally, these alternative. FMCSA would maintain the require the surrender of the old CDL organizations can provide such a ‘‘one-driver, one-license, one-record when it is renewed or upgraded, representative vehicle only within the concept’’ by proposing to link an sometimes the old CDL is returned to jurisdiction in which the carrier’s underlying non-CDL to the issuance of the driver with a corner cut off or a hole training facility or the school is located, a CLP and require both from the driver’s State of domicile. Also, when the CLP punched in it as indication of i.e., the jurisdiction where the training and non-CDL are surrendered, the State invalidating the old document. In some is given. The driver holding a CLP who of training temporarily becomes the cases, the hole is punched on the has left his/her State of domicile and State of licensure because the driver’s expiration date making it impossible for licensure to obtain training then must records are transferred to that State. law enforcement to determine whether return to his or her State of domicile it is a valid license. Better stewardship Under the second alternative, a and licensure to complete the skills person who holds a CDL or non-CDL in requirements are needed for the testing. This presents the challenge of surrender of all non-CDLs, CLPs, and his or her State of domicile could obtain finding a vehicle that represents the previously issued CDLs when a new a CLP from that State and obtain type a driver expects to operate and CDL is issued. training in any State. A person would FMCSA proposes to amend §§ 383.71, finding a driver with a currently valid take the skills test in the State where the 383.73, and 384.211, and to add CDL to accompany the driver to the training was conducted. The State of proposed § 383.25, to expand the skills test location. Further, the costs training would send the skills test current surrender requirements to associated with obtaining the vehicle results to the State of domicile. The include any transaction where a CLP is and accompanying driver can be State of domicile would accept the being upgraded or a CDL is being considerable, estimated at $150 to $200 results of the skills test and issue a CDL initially issued, upgraded, or per day. Finally, the applicant for a CLP when the student returns to his or her transferred. FMCSA also proposes to or CDL must also meet the insurance State of domicile. This alternative is incorporate into its regulations, the requirements for using the based upon a driver’s State of domicile regulatory guidance posted on the representative vehicle when that cost is accepting the results of a CDL skills test Agency’s Web site for § 383.73 question not borne by the employing motor taken out-of-State. The problem with 11 and § 384.211 question 1 on carrier or a training school. this alternative results from the States’ stewardship requirements for Another problem with the existing perceived lack of standardization of surrendered CDLs and to apply it to all system is the perceived inconsistency of skills testing and potential for of the above-mentioned transactions. State approaches to issuing CLPs or fraudulent testing. Consequently, some This guidance allows licensing accepting knowledge or skills testing States might be reluctant to accept the jurisdictions to meet the stewardship from other jurisdictions. liability of issuing a CDL based on the requirements for surrendered licenses FMCSA considered two alternatives results of an out-of-State CDL skills test. by physically marking the license in based on issuance of a CLP after a This alternative involves reciprocity of some way as not valid and returning it demonstration of the applicant’s State of skills testing results. FMCSA is to a driver. The document must be domicile. First, after successful confident that the new proposed skills perforated with the word ‘‘VOID’’ or completion of a knowledge test, a person test standards would provide the States with holes large enough to make it who holds a non-CDL in his or her State with a basis for accepting another easily identifiable to a casual observer of domicile (or who holds a CDL that State’s test results. as an invalid document. Punching a he/she wishes to upgrade) could obtain FMCSA proposes to revise § 383.23(c) hole through the expiration date is not a CLP from that State of domicile and to reflect the second alternative. Current sufficient. Thus, in the case of renewed receive skills training in any State. The paragraph (c) and other issues that are CDLs, if a State requires the surrender CLP would be recognized in all States exclusive to the CLP would be of the old CDL, the stewardship in the same manner as CDLs. Upon redesignated as new § 383.25. FMCSA requirements must be followed. successful completion of a skills test out believes that the proposed revisions to the minimum standards for knowledge 4. CDL Testing Requirements for Out-of- of State, the driver could surrender both 3 testing in subparts G and H of Part 383 State Driver Training School Students the CLP and the underlying CDL or non-CDL to the State of training and would provide a basis for a State to Current regulations (§§ 383.23(a)(2) receive a temporary, non-renewable, accept another State’s knowledge testing and 384.212) allow a jurisdiction to Nonresident CDL which would expire and CLP for the purpose of allowing the license a driver only if the driver is in 60 or 90 days. During this 60- to 90- driver to participate in skills training ‘‘domiciled’’ in that jurisdiction. Drivers day period the driver would return to out-of-State. who temporarily go to another his or her State of domicile to obtain a jurisdiction to receive driver training 5. State Reciprocity for CLPs permanent CDL. The temporary cannot legally obtain either a CLP or a Currently, Federal CDL regulations CDL from the jurisdiction in which the are silent on whether a CLP must be 3 Assuming the driver already has a CDL, but is training occurs because they are not training to upgrade his/her CDL to a higher class recognized by other States. This ‘‘domiciled’’ in that jurisdiction. (i.e. Group C to B) or to add an endorsement that situation has caused some States to Further, some States do not recognize an requires skills testing (i.e. passenger endorsement). recognize an out-of-State CLP when the

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holder is taking commercial driver passes the skills test, as a temporary d. Recording the CLP in CDLIS training in their State, while other States CDL. Standardizing the CLP is a key Current State policies make it possible have said the student can only take component of this NPRM. for a driver to obtain a CLP from more commercial driver training if the CLP is FMCSA proposes to establish the than one State, because only about half also from that State. Some States, even central requirement that the CLP be a the States create a CLP driver record in though they do not recognize a CLP separate document from the CDL or CDLIS. To address this problem, the from another State for training purposes, non-CDL. The CLP document would OIG recommended that, the CLP be will issue an out-of-State student a CLP have to meet much the same recorded in the CDLIS, and section 703 and establish a driver record, but allow requirements as a CDL document, but of the SAFE Port Act required the the student to maintain his or her base with the words ‘‘Commercial Learner’s Agency to implement the report that license and driving record from his/her Permit’’ or ‘‘CLP’’ displayed included the recommendation. In State of domicile. prominently at the top. FMCSA also addition, section 4122 of SAFETEA–LU FMCSA proposes to amend proposes that the restriction codes, requires the inclusion of the CLP in § 383.73(h), which would be vehicle group, and endorsement for CDLIS. redesignated as § 383.73(l), by adding a which the driver has passed knowledge new requirement for CLP reciprocity. In tests should be printed on the CLP Because the CLP together with an order to maintain the ‘‘one driver, one document, as well as the license number underlying non-CDL is a form of CDL license, one driving record concept’’ of of the underlying CDL or non-CDL. for training when the driver is the CDL program and to establish FMCSA also proposes that the CLP accompanied by a CDL holder, it is uniformity in the issuance of CLPs, the document include the statement that the important that the CLP be subject to the CLPs would only be issued by the State permit is not valid for driving a CMV same recordkeeping requirements as a of domicile; but the CLP must be unless the driver also has on his/her CDL (49 CFR 383.23(c)). Moreover, these recognized for training purposes by all possession the underlying CDL or non- recordkeeping provisions would aid in other States in the same manner as CDLs CDL and only drives when accompanied the administration of nationwide CLP are recognized under § 383.73(h). by a valid CDL holder. More reciprocity and ensure uniform information about the proposal that the application of disqualifications to CLP 6. Minimum Uniform Standards for CLP be a separate document, but tied to holders. FMCSA has determined that Issuing a CLP the underlying CDL or non-CDL, is the CDLIS has the capacity to handle the a. Passing the General Knowledge Test addressed in proposed § 383.25 and additional entries that are anticipated as To Obtain a CLP amendments to §§ 383.151 and 383.153. a result of this proposal. Finally, the provision fulfills the OIG c. CLP Document Should Be Currently, some States do not require recommendation and SAFETEA–LU Tamperproof a knowledge test as a prerequisite to requirement that CDLIS be notified of issuing a CLP. In its May 2002 audit The States permit a variety of all CLPs issued. report ‘‘Improving Testing and documents to serve as CLPs. Some FMCSA proposes to amend §§ 383.71, Licensing of Commercial Drivers,’’ the States issue paper documents that 383.73, 384.205, 384.206, 284.207, and OIG recommended that FMCSA require would be easy targets for tampering. To 384.225 to create a CDLIS record for a applicants to pass a knowledge test to narrow the range of documents that CLP and to require posting all CLP obtain a CLP. Section 4122 of serve this purpose and to improve transactions to CDLIS. SAFETEA–LU mandates CLP applicants security, section 4122 of SAFETEA–LU pass a written test before the CLP is requires that the CLP be tamperproof 7. Maximum Initial Validity and issued. and the content of the CLP document be Renewal Periods for CLP and CDL FMCSA proposes that every the same as the content of the CDL a. Initial Validity and Renewal Periods commercial driver-trainee be required to document. The CLP would state that for CLP successfully complete the CDL without the underlying State CDL or knowledge tests before being issued a non-CDL the CLP is invalid. The license The general principle behind limiting CLP. A driver who holds a valid non- number of the underlying CDL or non- the duration of a CLP and restricting the CDL in his or her State of domicile CDL would be displayed on the CLP. number of times it can be renewed would obtain a CLP from the State of FMCSA proposes to add a definition without retaking the general CDL domicile upon successful completion of for ‘‘CLP’’ and ‘‘Nonresident CLP’’ to knowledge and endorsement tests is a general CDL knowledge test. The § 383.5 (Definitions). Substantive public safety on the highway. Every CLP proposal to require knowledge testing information requirements for the CLP holder is expected to demonstrate the for all persons applying for a CLP is would be analogous to the information minimum level of requisite skills in a addressed in § 383.25 and proposed required for a CDL and Nonresident test situation and obtain a CDL within amendments to §§ 383.71 and 383.73. CDL; and the term ‘‘Commercial a reasonable period of time This requirement would provide for a Learner’s Permit’’ or ‘‘CLP’’ must be (§ 383.25(d)). If the CLP holder does not safer driving environment by ensuring prominently displayed on the obtain the CDL within a reasonable that a student demonstrates basic document. If the person being issued a period of time, it could be an indication knowledge of operating a CMV before he CLP is domiciled in a foreign that the CLP holder is having difficulty or she gets behind the wheel. jurisdiction, other than Canada or developing the required skills to handle Mexico, the word ‘‘Nonresident’’ must a CMV safely. Consequently, a b. Requiring the CLP To Be a Separate also appear on the CLP. protracted learning period for a CLP Document From the CDL or Non-CDL FMCSA also proposes that a holder could pose a safety hazard on the States vary in the type of document photograph or digitized image of the nation’s public roads and highways. that serves as a commercial learner’s driver, the appropriate vehicle group, Therefore, it is important to closely permit and the relationship of the endorsement, and restriction codes must monitor CLP holders to determine if commercial learner’s permit to a CDL or be shown on the CLP document. The they might be experiencing any safety non-CDL. In extreme cases, a non-CDL proposed §§ 383.153 and 383.155 reflect problems. Such monitoring could be serves as the CLP and, once the driver these changes. accomplished by checking the driver

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record prior to granting a renewal of the for a driver’s license, including CDLs, following Arizona’s lead by eliminating CLP. has gone from 5 years to 8 years. In any renewal until age 65. At least once Some States, such as Alabama, are Arizona, for example, all driver’s every eight years, the driver would considering issuing CLPs for the same licenses, including CDLs, do not have to update information on the license and period as licenses, 5 years. When a CLP be renewed until the driver turns 65 the State would update this information is issued for a lengthy period of time, it years old. on the electronic driving record, place a has been used illegally in some cases as The ever increasing length of initial new photograph on the license, and a CDL in a co-driver situation, while the and renewal periods for CDLs is check the driving record. CDL holder is in the sleeper berth. defeating the purpose of renewal. The FMCSA proposes the second FMCSA considered two alternatives renewal process allows the driver to alternative, and §§ 383.71 and 383.73 for limiting the initial issuance and update information on the license and would be modified. renewal periods for CLPs. the State to update this information on First, a commercial driver training the electronic driving record, place a 8. Establish a Minimum Age for CLP program including classroom and new photograph on the license, check An individual is not eligible to behind the wheel training usually takes the driving record (i.e. current State of operate a CMV in intrastate commerce 6 to 8 weeks. Considering that some licensure, CDLIS, and Problem Driver before age 18 (49 CFR 350.341(f)), and students may need additional behind Pointer System (PDPS)), and, in the case in interstate commerce before 21 years the wheel experience before taking the of the hazardous materials endorsement, (49 CFR 391.11(b)(1)), except for those skills test for a CDL, a CLP valid for 90 require the driver to retake the test persons either excepted or exempted days would be reasonable. Likewise, required by § 383.71. under 49 CFR 390.3(f), 391.2 and some driver-students may not pass the FMCSA considered two alternatives subpart G of part 391. Despite this fact, skills test on the first attempt and for limiting the initial term and renewal some States are currently issuing CLPs scheduling a retest may take several periods for CDLs. to applicants younger than 18 years of weeks. In that situation, the students Under the first alternative, the current age. As a result, an individual who would be allowed to renew their CLP for average validity period for a license in cannot operate a CMV in intrastate or an additional 90 days without having to the United States is slightly under 5 interstate commerce is allowed to train retake the general and endorsement years. Some States use periods as low as and obtain behind-the-wheel experience knowledge tests. 2 years and others use 8 years; a few in a CMV under the age of 18. Under the second alternative, FMCSA licenses remain valid to age 65. Since recognizes that not all CLP holders take the hazardous materials endorsement FMCSA considered two alternatives formal training at a commercial driving threat assessment must be performed at for setting a minimum age for issuing a school. They may need more time (e.g., least every 5 years in accordance with CLP. First, to avoid the inconsistency 180 days) to pass the skills test because a Transportation Security between States for setting the minimum they are not training and practicing Administration interim rule, the initial age for operating a CMV with a CLP, behind-the-wheel skills on a full time and renewal periods could be set at a FMCSA could recommend that an basis as they would in a formal training maximum of 5 years to bring the CDL applicant for a CLP be at least 18 years program. Therefore, FMCSA could renewal and threat assessment cycles old. The age limit is especially propose a CLP be valid for 180 days. into agreement. This would promote important if a CLP holder, as proposed, Again, some driver-students may not uniformity among the States and limit would be granted reciprocity to drive in pass the skills test on the first attempt the escalating length of validity periods. another State while training. and scheduling a retest may take several However, FMCSA recognizes that States The second alternative is the same as weeks, so the students could be allowed with periods over 5 years may object the first alternative. However, the to renew their CLP for an additional 90 because they could not handle more exceptions and exemptions to the 21 days without having to retake the frequent transactions with current years of age requirement for interstate general and endorsement knowledge staffing and budget levels. commerce under 49 CFR 390.3(f), 391.2, tests. Under the second alternative, while and subpart G of part 391 would also be FMCSA believes public safety the current average validity period for a recognized for the issuance of a CLP. demands a limitation on the time license in the United States is just under FMCSA proposes the second allowed for a student to obtain a CDL 5 years, the number of drivers is alternative to be consistent with the without having to start the process over increasing. Therefore, States would exceptions and exemptions from age by retaking the general and endorsement need some flexibility to extend the requirements granted in Parts 390 and knowledge tests. There is also concern validity periods to accommodate the 391 to operate in interstate commerce that limiting initial validity to a short increase with current staffing and and, if adopted by the State, in intrastate period of time (e.g., 90 days) puts an budget levels. Except for Arizona and commerce. A provision would be added undue burden on both the driver and Georgia, we know of no State that to new § 383.25 and to § 383.71 to the State licensing agency in processing currently has an initial and renewal specify a minimum age requirement more renewals. Therefore, FMCSA period greater than 8 years. An 8-year with limited exceptions. period is also the renewal period DHS proposes the second alternative and 9. Preconditions To Taking the CDL has adopted in its final rule to proposes to add new § 383.25 and to Skills Test amend §§ 383.71 and 383.73. implement the REAL ID Act. By proposing an 8-year maximum renewal Currently, issuance of a CLP is not a b. Initial Validity and Renewal Periods period, FMCSA agrees with the DHS precondition for issuance of a CDL. for a CDL requirements for all drivers’ licenses. Therefore, a CDL applicant could legally The States vary in their initial An 8-year period would provide most obtain behind-the-wheel training on any duration and renewal periods for CDLs. States the flexibility to expand beyond public or private road without a CLP. The trend has been to expand the time 5 years. At the same time, it would still Also, there is the issue of applicants periods in order to handle more drivers promote highway safety by placing a without a CLP getting less than two with the same staff and budget. In New cap on the maximum validity periods weeks training at so called ‘‘CDL mills York, for example, the renewal period and preventing more States from rather than 6 to 8 weeks of training that

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teaches them to properly operate a experience to prepare to pass the skills skills testing could pose a serious safety CMV. test. hazard to the driver, the examiner, the In addition, the CLP holder should FMCSA proposes that only the P CMV and the general public on the not be eligible to take the CDL skills test endorsement be allowed on the CLP highway. For example, if would be in the first 30 days after initial issuance after the driver successfully passes the dangerous if a testing official gave the of the CLP, because it affords the endorsement knowledge test. We further driver a command based on an observed applicant an opportunity to obtain skills propose that the CLP holder with the P hazard or situation, but the driver did training and to practice what he or she endorsement be prohibited from driving not immediately comprehend the is taught. This 30-day prohibition on a CMV carrying passengers. While the S command. taking the skills test may also have an endorsement requires skills training to The OIG also recommended in its effect on the training period and pass the skills test, it is only needed 2002 CDL audit report that FMCSA thoroughness of the curriculum being when the driver is actually transporting require testing protocols and taught at the CDL mills, because of the students. Thus, there is no need to have performance oriented requirements for interval between the general training to the S endorsement on the CLP when English language proficiency. pass the knowledge test for a CLP and training for the CDL because it would FMCSA proposes to amend § 383.133. the point at which the driver is eligible not be a safe practice to allow driver The fraud and safety concerns identified to take the skills test. trainees to transport students. If the over the past few years lead FMCSA to conclude that the rules should provide FMCSA proposes to add these applicant is training on a school bus, the clear guidance on test administration. conditions in § 383.25 and to amend endorsement knowledge test must be The NPRM would propose to eliminate part 383, subpart H. The Agency has passed and noted on the driver’s record. FMCSA also proposes that the P the use of interpreters in both the published a NPRM (72 FR 73226, endorsement on the CLP be class knowledge and the skills testing. There December 26, 2007) that would require specific. The driver can only undergo are alternate ways to conduct that applicants for a CDL obtain training skills testing in a class of passenger knowledge tests in foreign languages that meets specific curriculum vehicles or school bus for which he or through the use of written, recorded and requirements. The entry level driver she has passed knowledge training. This automated testing. With regard to skills training requirement (RIN 2126–AB06) requirement is similar to what is testing, interpreters are a safety issue, would work together with the required for P or S endorsements as CDL not a language accommodation issue. requirements in this rulemaking to upgrades. The CLP holder must also be While a foreign speaking applicant may ensure that applicants for a CDL have accompanied and directly supervised by have difficulty comprehending long received adequate training and have had a driver qualified for such a vehicle questions and multiple choice responses adequate opportunity to learn safe type. in English, immediate response to driving skills behind the wheel of a No other endorsements should be verbal commands and instructions in CMV. The comment period for the allowed on a CLP for safety reasons. The English by a skills test examiner is vital Agency’s entry-level driver training rule hazardous materials (H) endorsement is to public safety. This proposed rule expires on May 23, 2008 (73 FR 15471, currently prohibited for security attempts to strike a balance between March 24, 2008). reasons. FMCSA sees no justification for accommodation of applicants for whom 10. Limit Endorsements on CLP to allowing CLP holders to train on English is their second language and Passenger (P) Only double/triple vehicles, tank vehicles, who undergo CDL testing, while and vehicles carrying hazardous preserving the necessary protections This rule proposes that persons who materials. Drivers wishing to develop against fraud and safety risks to drivers, are learning to drive a CMV with a CLP skills on these vehicles must first obtain skills test examiners, and the general should not operate specialized vehicles a CDL and then seek additional training public on highways. (e.g., double/triple trailers or tank needed for an endorsement. 12. Update Federal Knowledge and vehicles) or carry dangerous or high- FMCSA proposes to add § 383.25 and Skills Test Standards value cargo (such as hazardous to amend §§ 383.71, 383.73, 383.93, and materials or passengers) before they 383.153. These proposed requirements Section 4019 of TEA–21 required acquire basic knowledge and skills. and restrictions for the P and S FMCSA to complete a review of the However, some States issue endorsements on the CLP would apply current system of CDL knowledge and endorsements on their CLPs, or allow whether the CLP holder has only a non- skills testing, and determine if it is an drivers to train on CMVs that require an CDL, or already has a CDL and is accurate measure of an individual’s endorsement without the need for the seeking an upgrade by adding the P or knowledge and skills as an operator of endorsement on the CLP or CDL. S endorsements. a CMV. Section 4019 further required Section 383.93 requires a driver to pass FMCSA to issue regulations reflecting the general knowledge and skills test for 11. Methods of Administering CDL Tests the results of the review. This mandate a CDL before being eligible to add State and Federal investigations have was addressed by the American endorsements for double/triple trailers, revealed applicant and examiner fraud Association of Motor Vehicle passenger vehicles, tank vehicles, in the use of interpreters during Administrators (AAMVA) and the vehicles used to transport hazardous knowledge and skills testing. The OIG FMCSA jointly. The recently updated materials, and school buses. While all has issued recommendations on this versions of AAMVA’s model CDL endorsements require a knowledge test issue. The agency has issued Regulatory knowledge and skills tests, and driver specific to the endorsement, only the Guidance on 49 CFR Part 383 and examiner manuals were released to passenger (P) endorsement under concerning the use of interpreters and the States in January 2006. The updated § 383.93(c)(2) and the school bus (S) written, verbal, and automated foreign model test package (Version 2005) meets endorsement under § 383.93(c)(5) language tests. The use of interpreters a higher standard of knowledge and require successful completion of both a during knowledge testing has resulted skills testing than the current Federal knowledge and skills test. Thus, only in fraud; questions are sometimes standards in part 383, subparts G and H. the P and S endorsements require the answered by the interpreter, not the While some States are voluntarily applicant to obtain behind-the-wheel applicant. The use of interpreters during adopting the updated model test

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package (tests and manuals), the Federal knowledge and skills testing FMCSA proposes to amend §§ 383.5, majority of the States will not fully standards, similar to what is in the 383.93, 383.95, and 383.153. FMCSA adopt them until the Federal testing current testing standards in part 383, believes that Federal restrictions should standards are raised to meet the model Subparts G and H. be developed for applicants who use a test standards. FMCSA proposes the first alternative vehicle in the skills test that is equipped FMCSA considered two alternatives in order to promote more uniformity with (1) an automatic transmission; (2) for updating the Federal knowledge and among the States. FMCSA proposes to air over hydraulic brakes; or (3) a non- skills testing standards. amend § 383.5 and part 383, subparts G fifth wheel (pintle hook). All three Under the first alternative, FMCSA and H, and to add § 384.229. restrictions would be assigned would incorporate the AAMVA model 13. New Standardized Endorsements standardized restriction codes, along test package (Version 2005) by reference and Restriction Codes with a standardized code for the current into the Federal regulation for CDL air brake restriction. knowledge and skills standards. This is Currently, uniform codes are not The disparity in minimum rated justified because AAMVA’s 2005 model required for all endorsements and capacity between permanently attached testing package was developed with restrictions on a CDL. For example, tanks (119 gallons) and temporarily major input by representatives from the unlike the standardized CDL codes for attached portable tanks (1000 gallons) industry that would be affected by the the double /triple trailer (T), hazardous for the tank vehicle endorsement makes new testing standards, and as a way of materials (H), tank vehicle (N), no sense. As FMCSA has no reports of promoting uniformity among the States. passenger vehicle (P) and school bus (S) any problems with drivers transporting Some modifications to part 383, endorsements, the air brake restriction portable tanks with a rated capacity subparts G and H, would be needed to has no standardized code. The fact that under 1,000 gallons, the NPRM match the knowledge standards in the States are using five different codes proposes a rated capacity threshold of model testing package. These causes enforcement problems. In one 1,000 or more gallons for all tanks modifications would address: (1) The State a ‘‘K’’ restriction means an air before a driver would need a tank number of questions that are required brake restriction while in another State endorsement. This would also eliminate on the general and endorsement it means an intrastate-only restriction. the controversy over whether the driver Several issues have been raised by knowledge tests; (2) the number of of a ready mix concrete truck equipped motor carriers and State driver licensing knowledge categories (domains) that with a small water tank to clean the skills examiners in regard to CMVs with must be represented with questions on mixer drum or a truck transporting (1) automatic transmissions or manual the general and endorsement knowledge generators with small fuel tanks needs transmissions; (2) air over hydraulic tests; and (3) the adoption of the a tank vehicle endorsement. versus air brakes; and (3) non-fifth AAMVA 2005 Requirements Document wheel (e.g., pintle hook) versus fifth 14. Previous Driving Offenses by CLP algorithm for creating multiple versions wheel combination vehicles. Motor Holders and CLP Applicants of the knowledge test. carriers are concerned when they hire In addition, modifications to part 383, drivers with a CDL who (1) cannot a. Holders of a CLP subparts G and H, would be needed to: operate manual transmission vehicles; FMCSA does not currently subject a (1) Make the entire pre-trip inspection (2) cannot test or operate a full air brake CLP holder to the basic rules of the CDL (not just the air brake inspection) part of system; and/or (3) cannot hook up a program. The question has been raised the skills standard, rather than the fifth wheel power unit with a semi- whether a CLP holder is subject to the current knowledge standard; (2) prohibit trailer. State examiners are concerned disqualifying offenses in § 383.51 for the banking of parts of the skills test (for when they cannot test the applicant on major offenses under Table 1 and minor example, an applicant who passes the (1) a full air brake system; (2) a manual offenses under Table 2, including those pre-trip and off-road maneuvers, but transmission; and/or (3) fifth wheel that occur when operating a non-CMV. fails the on-road part of test must retake combination hookup because the In other words, is a CLP holder ‘‘a CDL all three parts of the skills test); (3) vehicle brought to the test is not so. holder’’ for purpose of being adopt the expanded definition of CMV However, there is no current Federal disqualified? Under current § 383.51, in section 4011(a) of TEA–21 to include requirement that the test vehicles be the answer is no. both ‘‘gross vehicle weight rating and outfitted with these features. A number FMCSA considered two alternatives gross vehicle weight’’ and ‘‘gross of States have imposed restrictions on for dealing with disqualifying offenses combination weight rating and gross CDLs for drivers who take the skills test of a CLP holder. Under the first combination weight,’’ ‘‘whichever is alternative, FMCSA could leave the 4 in a CMV that is missing one or more greater.’’ ; (4) eliminate § 383.77, since of these features, but there are no regulations unchanged and not apply the substitute for a driving skills test standardized codes for these the disqualifications to CLP holders. was intended only for the initial testing restrictions. This would allow some CLP holders cycle prior to April 1, 1992; and (5) Another issue related to endorsements who are convicted of disqualifying adopt the OIG recommendation to is the confusing definition of ‘‘tank offenses while operating a non-CMV to require covert monitoring of State and vehicle’’ under § 383.5 because of the continue avoiding license sanctions. In third party skills test examiners. reference to the definition of ‘‘cargo the second alternative, FMCSA could The second alternative is the same as tank’’ in 49 CFR part 171. The definition subject the holder of the CLP to the the first alternative, except that the in Part 383 implies that a driver needs same rules as a driver who holds a CDL. AAMVA model testing package would a tank endorsement to operate a vehicle This would ensure that drivers who not be adopted by reference. Only the with a permanently attached tank that have been convicted of the violations major aspects of the model testing has a rated capacity greater than 119.5 described in § 383.51, whether they package would be incorporated into the gallons. In the case of a portable tank occurred in a CMV or non-CMV, would temporarily attached to the vehicle, a not operate CDL vehicles on our 4 The expanded definition should be limited to roadside enforcement and not used for skills testing tank endorsement is needed only if the nation’s highways until the end of the in order to maintain the representative vehicle portable tank has a rated capacity of full disqualification period for the concept. 1,000 gallons or more. offense in the non-CMV.

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FMCSA proposes the second with the proper class or endorsements, (a) June 4, 2004 Memorandum: Need alternative because of the increased or using a driver to operate a CMV that to Establish a Legal Presence level of safety that would result from violates a restriction on the driver’s Requirement for Obtaining a higher qualification standards for CMV CDL. This omission makes it difficult Commercial Driver’s License (Control drivers. FMCSA also proposes to amend for FMCSA to properly cite and take No. 2004–054). This 2004 OIG report §§ 383.5, 383.51(b) and (c), 383.71, and enforcement action against a motor recommended that FMCSA establish a 383.73. carrier. legal presence requirement for obtaining a CDL. The report said that all CDL b. Applicants for a CLP FMCSA proposes to include a specific prohibition against motor carriers using applicants should demonstrate either Applicants for a CLP are not currently drivers who do not have a current CLP citizenship or lawful permanent subject to the basic rules of the CDL or CDL or who do not have a CDL with residence in the United States before a program. An applicant who has been the proper class or endorsements, or State may issue a CDL. FMCSA has disqualified from driving an automobile using a driver to operate a CMV in addressed this recommendation in this can nevertheless obtain and use a CLP, violation of a restriction on the driver’s NPRM. even during the disqualification period. CDL. FMCSA proposes to amend (b) February 7, 2006 Memorandum: This driver would then be able to § 383.37 and Appendix B to Part 385. Report on Federal Motor Carrier Safety upgrade to a CDL later, potentially Administration Oversight of resulting in an unsafe driver behind the 16. Incorporate CLP-Related Regulatory Commercial Driver’s License Program wheel of a CMV on the highway. Guidance Into Regulatory Text (Report Number MH–2006–037). This FMCSA considered two alternatives Over the past several years, FMCSA 2006 OIG report contains three broad for dealing with disqualifying offenses has published a number of recommendations to detect and prevent of a CLP applicant. First, FMCSA could interpretations in response to requests fraudulent testing and licensing activity leave the current regulations as they are for clarification of regulations in the CDL program: currently written and not apply the (1) Direct the States to report on the applicable to CLPs and driver testing. disqualifications to CLP applicants. This final disposition of all suspect drivers While these interpretations do not have would allow an applicant for a CLP to identified by the States. These the force of regulation, they nonetheless remain exempt from the disqualifying disposition reports should emphasize guide Agency enforcement. (The current offenses of § 383.51. but not necessarily be limited to interpretations are available on the Second, FMCSA could subject the instances where there is specific or FMCSA Web site under ‘‘Guidance for applicant for the CLP to the same rules direct evidence that the driver Regulations’’ at http:// that exist today for a CDL applicant. participated in a fraudulent activity to Before issuing a CLP to a driver, the www.fmcsa.dot.gov/rules-regulations/ obtain the CDL. issuing State would be required to administration/fmcsr/fmcsrguide.htm. (2) Determine that State CDL perform a check into the driver’s current The interpretations are listed under the programs are out of compliance, under driving record at the current State of applicable 49 CFR part.) However, the Federal regulations, if the State fails to licensure, and using both CDLIS and the parties who requested the impose adequate internal controls to Problem Driver Pointer System (PDPS) interpretations had no opportunity to prevent fraud or fails to take or propose to ensure the driver is not subject to the question them or to amplify the inquiry, necessary corrective action. sanctions of § 383.51 or any license and other parties might be unaware of (3) Impose sanctions, under Federal suspension, revocation, or cancellation the Agency’s position. Regulatory regulations, against those States that fail under State law and that the person Guidance, once issued, should therefore to establish adequate fraud control does not have a driver’s license from be incorporated into regulatory text, as measures for their CDL programs. more than one State or jurisdiction. needed. The first recommendation in the 2006 Discovery of such sanctions would FMCSA proposes to codify regulatory OIG report was based on a February 24, result in the State’s refusal to issue a guidance related to this rulemaking by 2005, OIG memorandum to FMCSA on CLP until the end of the full subjecting it to public notice and data collected from the States, which disqualification period for the offense. comment. Regulatory guidance made identified 15,032 CDL holders suspected This would ensure that drivers who obsolete by the changes in this of fraudulent activities. The States took have been convicted of the unsafe rulemaking would be eliminated. This action against 8,293 of these drivers, driving violations described in § 383.51 would include regulatory guidance including removing CDL privileges. The prior to applying for a CLP, regardless under § 383.23 (CLP), questions 1, 2, status of the remaining 6,739 suspect if they occurred in a CMV or non-CMV, and 4; part 383, Subparts G and H, all drivers was not determined at that time would not operate CMVs on our nation’s questions (knowledge and skills testing); because the drivers had moved from highways while disqualified. and § 383.153, questions 1–7 (CLP and their original State of record. FMCSA This NPRM proposes the second CDL document). FMCSA proposes to said that it would ask the States to alternative because of the increased amend §§ 383.25, 383.73, 383.77, determine the final disposition of these level of safety that would result from 383.95, 383.113, 383.131, 383.133 and drivers, but the Agency does not have higher qualification standards for CMV 383.153. legal authority under parts 383 or 384 to drivers. FMCSA proposes to amend 17. Incorporate SAFE Port Act require the States to make such a report. As a short term solution to this §§ 383.5, 383.51(b)–(c), 383.71, and Provisions 383.73 accordingly. problem, FMCSA addressed this On October 13, 2006, the President recommendation by contacting the 15. Motor Carrier Prohibitions signed into law the Security and States and requesting that they report Current § 383.37 prohibits employers Accountability For Every Port Act of the final disposition of the 6,739 suspect from allowing disqualified drivers to 2006 (SAFE Port Act), Public Law 109– CDL holders. As a long term solution, operate a CMV. However it does not 347. Section 703, Trucking Security, FMCSA proposes to require States to include a prohibition on using a driver requires FMCSA to implement invalidate CDLs issued as the result of who simply does not have a current CLP requirements from two Office of examiner fraud and to retest the driver. or CDL or who does not have a CDL Inspector General (OIG) reports: However, if a driver was convicted of

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fraudulent activities related to the CDL, even if the person does not The definition of ‘‘tank vehicle’’ issuance of a CDL, the issuing State currently hold a CDL. This change would be revised to clarify that only would be required to withdraw the would facilitate enforcement of the rules tanks with a rated capacity of 1,000 driver’s CDL and post this information against those who do not properly gallons or more come under the on his/her CDLIS record. The driver obtain a CDL. definition. would not be allowed to reapply for a FMCSA proposes to add a definition FMCSA proposes to add definitions of new CDL for one year. of ‘‘commercial learner’s permit’’ to ‘‘third party skills test examiner’’ and With regard to the second specify that a CLP, in combination with ‘‘third party tester’’ to clarify to whom recommendation in the 2006 OIG report, an underlying license, provides the new requirements on third party FMCSA proposes new requirements to authority to operate a CMV on public testers proposed for part 384 would combat fraud (prohibiting interpreters, highways for the purpose of behind the apply. requiring social security number wheel training when accompanied by a References to ‘‘CLP’’ are proposed to verification, checking legal presence, qualified CDL holder. FMCSA also be added in the definitions of etc). This NPRM proposes to require proposes to adopt the expanded ‘‘disqualification,’’ ‘‘driver applicant,’’ that: definition of CMV in section 4011(a) of ‘‘endorsement,’’ and ‘‘non-resident Æ A digitized photo of the driver be TEA–21 to include both ‘‘gross vehicle CDL.’’ kept on file by the State licensing weight rating and gross vehicle weight’’ In addition, editorial changes are agency. and ‘‘gross combination weight rating Æ proposed for the definitions of The State establish computer and gross combination weight,’’ ‘‘commercial driver’s license’’ and system controls that prevent changes to ‘‘whichever is greater.’’ The expanded ‘‘United States.’’ records of transactions, unless they are definition is proposed to be limited to done by supervisory personnel only and roadside enforcement of the CDL 2. Section 383.9, Matter Incorporated by are documented. requirements to cite drivers who are Reference Æ Background checks and formal trying to avoid the need for a CDL by Subpart H of part 383 currently has training be mandatory for all driving test operating a vehicle that has a gross general language describing the CDL examiners. Æ vehicle weight rating (GVWR) or a gross knowledge and skills testing The States establish oversight combination weight rating (GCWR) procedures, testing methods, and systems for all examiners, including under 26,001 pounds, but then overload passing scores. In order to promote more third-party examiners. the vehicle so the gross vehicle weight uniformity among the States, more Regarding the OIG’s third (GVW) or gross combination weight specific language on administering the recommendation in the OIG 2006 report, (GCW) is over 26,000 pounds. As tests is needed. Therefore, FMCSA is FMCSA proposes that the measures currently specified in § 383.91(b), only proposing to incorporate by reference described above be added to the the GVWR or GCWR of the vehicle is the current edition of AAMVA’s ‘‘2005 requirements of part 384, thus requiring used for skills testing because CDL Test System.’’ these items to be reviewed for overloading a vehicle to obtain a GVW FMCSA is providing the public an compliance whenever a State undergoes or GCW over 26,000 pounds is both opportunity to comment on the a CDL compliance review by FMCSA. unsafe and not a representative vehicle incorporation by reference of this States found in substantial non- for demonstrating driving skills for a AAMVA ‘‘2005 CDL Test System,’’ and compliance with these fraud control CDL. would provide similar opportunity measures, as well as the other The definition of ‘‘imminent hazard’’ before incorporating any updates to the requirements of part 384, would be would be amended to add one phrase. 2005 edition. subject to the loss of Federal-aid Under 49 U.S.C. 31310(f), FMCSA is highway funding. FMCSA proposes to Incorporating the AAMVA CDL test authorized to disqualify a CDL holder amend §§ 383.73 and 383.75, and to add system by reference complies with the who is determined to constitute ‘‘an §§ 384.227, 384.228, and 384.229. requirements in 5 U.S.C. 552, which imminent hazard (as such term is allows agencies to publish rules in the IV. Section-By-Section Discussion of the defined in section 5102).’’ Section Federal Register by referring to Proposals 383.52 implements that authority, and materials already published elsewhere. This section includes a summary of section 383.5 defines ‘‘imminent Section 552 authorizes incorporation by the regulatory changes proposed for 49 hazard’’ in the same terms as 49 U.S.C. reference with the approval of the CFR parts 383, 384, and 385 organized 5102. This amendment is necessary Director of the Federal Register to by section number. because section 7102(4) of SAFETEA– reduce the volume of material published LU amended the definition in section in the Federal Register and the CFR. A. Proposed Changes to Part 383 5102 to say that imminent hazard The legal effect of incorporation by Part 383, Commercial Driver’s License ‘‘means the existence of a condition reference is that the material is treated Standards; Requirements and penalties, relating to hazardous materials that as if it were published in the Federal contains the requirements for CDLs and presents a substantial likelihood that Register. This material, like any other CLPs. With certain exceptions, the rules death * * * ’’ Since this definition properly issued rule, would then have in this part apply to every person who governs FMCSA’s authority under the force and effect of law. operates a commercial motor vehicle § 383.52, the corresponding definition in § 383.5 must be changed. The effect 3. Section 383.23, Commercial Driver’s (CMV) in interstate, foreign, or intrastate License commerce, to all employers of such of the change is to narrow somewhat the persons, and to all States. scope of § 383.52. FMCSA proposes to amend § 383.23 The definition of ‘‘serious traffic by moving current paragraph (c) on 1. Section 383.5, Definitions violation’’ would be removed because learner’s permits to a new § 383.25 that FMCSA proposes to add a definition the substance of the definition was would contain expanded requirements of ‘‘CDL driver’’ to clarify that the previously incorporated into § 383.51 for CLPs. A new paragraph (b)(3) adds requirements that apply to CDL driver and the definition is no longer operating with a CLP to the list of also apply to anyone required to hold a necessary. exceptions to the requirement to hold a

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CDL, if the CLP is properly issued under amended to update the requirements for by the tester would have to conduct at the requirements of proposed § 393.25. providing information on citizenship least 10 skills test annually. These and the applicant’s actual address or minimums would ensure that the costs 4. Section 383.25, Commercial Learner’s domicile; for completing the Social of oversight do not exceed the benefits Permit Security Number verification; for to the State that accrue from having the FMCSA proposes to add a new surrendering previously issued licenses; third party tester. In addition, the § 383.25 for the expanded requirements and to limit CDLs to a maximum term minimums would ensure that each for CLPs. Under the proposed rules, a of 8 years before renewal is required. tester and examiner is conducting driver would have to obtain a CLP and Also, to control against use of false enough tests to maintain his/her hold it for at least 30 days before addresses, the State would be required expertise. However, FMCSA is aware becoming eligible for a CDL. Section to mail the initial CLP or CDL to the that some States have approved motor 383.25 would also contain specific address provided on the application carriers as third party testers to conduct requirements for the CDL holder who form. Three other fraud control tests for their own employees. FMCSA must accompany the CLP holder and measures would be added: A specifically requests comments on would specify the eligibility requirement that the State have at least whether the requirements for minimum requirements for the CLP applicant, two persons check and verify all numbers of tests per year would such as age and knowledge and skills documents involved in the licensing adversely affect such motor carriers. tests. Section 383.25 would also specify process; a requirement that the State Measures intended to ensure the that the CLP must be separate from the establish computer system controls that integrity of the test process would CDL and that it may be valid for no prevent changes to records of include the following: more than 180 days, with one 90 day transactions, unless they are done by • At least annually, State employees renewal. supervisory personnel only and are would be required to co-score actual skills tests along with the third party 5. Section 383.37, Employer’s documented; and a requirement that the tester to compare pass/fail results. Responsibilities State cancel or revoke a CDL if the holder has been convicted of fraud • The results of any test conducted by FMCSA proposes to amend § 383.37 related to the CDL application or testing a third party examiner would have to be to specify that an employer may not process. transmitted to the State through a secure allow a driver to operate a CMV without electronic means. or in violation of a current CLP or CDL 10. Section 383.75, Third Party Testing • The third party tester would be with the proper class or endorsements. Section 383.75 would be revised to required to maintain a bond in an Although it is obvious that a driver must add new requirements to ensure that amount specified by the State. In cases have a proper license to legally operate third party testers use the same where a third party examiner has been a CMV, adding the specific prohibition materials and procedures as State involved in fraudulent activities, the to § 383.37 would facilitate enforcement testers, to enhance State oversight, and State may decide that all or some of the actions against negligent employers. to facilitate the prevention of fraud. drivers that had been tested by that Specifically, the third party tester examiner should be retested to ensure 6. Section 383.51, Disqualification of would be required to use the same test that they are qualified to hold a CDL. Drivers scoring sheets, written instructions for The bond would be used to reimburse FMCSA proposes to add references to applicants, and skills tests as the State the State for the expense of retesting CLPs throughout § 383.51 to make a uses. Also, the third party tester would these drivers. person with a CLP subject to the same be required to use designated road test 11. Section 383.77, Substitute for disqualifying offenses that apply to a routes that have been approved by the Driving Skills Test CDL holder in § 383.51, Tables 1 and 2, State. including those that occur when Enhanced oversight measures would FMCSA proposes to remove and operating a non-CMV. include the following: reserve § 383.77 because this section • The State would be required to was originally intended to be used only 7. Section 383.71, Driver Application conduct an annual on-site inspection of for the initial testing cycle prior to April Procedures the test sites. 1, 1992, when the CDL program was Section 383.71 would be completely • The third party tester and initiated. It is no longer needed. revised to add specific application individual examiners employed by the procedures for CLPs and to amend the tester would be required to apply for a 12. Section 383.79, Skills Testing of application procedures for CDLs by skills testing certificate. To qualify for Out-of-State Students updating the requirements for providing the certificate, the individual examiners Section 383.79 would be added to information on the applicant’s actual would have to successfully complete a prescribe how a State must handle the address or domicile and for formal skills test examiner training administration of skills tests to surrendering previously issued licenses. course. applicants who have taken driver • The third party tester would have to training in that State, but are domiciled 8. Section 383.72, Implied Consent to submit a weekly schedule of skills test in a different State. Alcohol Testing appointments for the following week. 13. Section 383.93, Endorsements Section 383.72 would be revised to This would allow State inspectors to apply the section to CLP holders as well plan visits to the testing sites on days Section 383.93 would be amended to as CDL holders. when tests will be administered. add the requirement that the only • The third party tester would have to endorsement allowed on a CLP is a 9. Section 383.73, State Procedures maintain copies of records showing passenger endorsement, which allows a Section 383.73 would be revised to compliance with these rules at its CLP holder to only drive an empty bus, impose specific requirements for how principal place of business. accompanied by a CDL holder, for States may issue CLPs. Also, the • The third party tester would have to training purposes. The States would requirements on State procedures for conduct at least 50 skills tests annually also be required to use the codes listed processing CDL applications would be and each individual examiner employed in § 383.153 on the CLP or CDL to show

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the endorsements for which that driver contains sample guidelines for States to current 2005 edition of AAMVA’s ‘‘2005 has qualified. use in choosing topics to include in the CDL Test System’’ be used by the States knowledge and skills tests that they in scoring the skills tests. 14. Section 383.95, Air Brake administer to CDL applicants. The Restrictions 23. Subpart J, Commercial Driver’s appendix would not be needed because License Document FMCSA proposes to broaden the FMCSA proposes to incorporate by scope of this section to address other reference the AAMVA 2005 Subpart J of part 383, including types of restrictions, such as the Requirements Document as the Federal §§ 383.151 and 383.153, would be automatic transmission, non-fifth wheel, knowledge and skills testing standard. expanded in scope to address the and passenger vehicle restrictions. (See proposed § 383.9.) The AAMVA document requirements for CLPs as well 15. Section 383.110, General test package contains the specific tests as for CDLs. Requirement and manuals that States would be required to use. 24. Section 383.155, Tamperproofing FMCSA proposes to update the Requirements 20. Section 383.131, Test Manuals requirements in § 383.110 and the other Section 383.155 would be revised to sections in subpart G to require States FMCSA proposes to revise paragraphs apply the requirements for to use the knowledge and skills testing (a) and (b) of § 383.131 to require States tamperproofing to CLPs, as well as standards developed jointly by AAMVA to use the current 2005 edition of CDLs. and FMCSA. The current requirements AAMVA’s ‘‘Model Commercial Driver are general and do not mandate that all Manual’’ and ‘‘Model CDL Examiner’s B. Proposed Changes to Part 384 States follow the same specific Manual’’ that are components of The purpose of part 384, State requirements for designing the AAMVA’s ‘‘2005 CDL Test System’’ and Compliance With Commercial Driver’s knowledge and skills tests. are to be incorporated by reference License Program, is to ensure that the under proposed § 383.9. 16. Section 383.111, Required States comply with the provisions of FMCSA also proposes to add a new Knowledge section 12009(a) of the Commercial paragraph (c) to § 383.131 to require Motor Vehicle Safety Act of 1986 (49 Section 383.111 would be revised to States to record and retain the U.S.C. 31311(a)). Part 384 includes the add more details to the lists of topics knowledge and skills test scores for each minimum standards for the actions that must be included in the knowledge applicant. As part of a fraud detection States must take to be in substantial tests. The new requirements include 20 and prevention program, the test scores compliance with each of the 21 general areas of knowledge. will be verified before the issuance of a requirements of 49 U.S.C. 31311(a), 17. Section 383.113, Required Skills CLP or CDL. establishes procedures for FMCSA Section 383.113 would be revised to 21. Section 383.133, Test Methods determinations of State compliance, and add more details to the lists of skills that FMCSA proposes to revise § 383.133 specifies the consequences of State must be demonstrated in the skills tests. to require States to use the current noncompliance. The new items include requirements edition of AAMVA’s ‘‘2005 CDL Test 1. Sections 384.105, Definitions; relating to pre-trip vehicle inspections, System’’ that would be incorporated by 384.204, CDL Issuance and Information; basic vehicle control, and safe on-road reference under proposed § 383.9 to 384.205, CDLIS Information; 384.207, driving skills. develop, administer, and score the Notification of Licensing; 384.208, knowledge and skills tests for each 18. Sections 383.115, Requirements for Notification of Disqualification; vehicle group and endorsements. Double/Triple Trailers Endorsement, 384.209, Notification of Traffic FMCSA also proposes to add language Violations; 384.210, Limitations on 383.117, Requirements for Passenger to § 383.133 to specify in what form the Endorsement, 383.119, Requirements for Licensing; 384.212, Domicile knowledge test may be administered. Requirement; Section 384.214, Tank Vehicle Endorsement, 383.121, These changes would incorporate the Requirements for Hazardous Materials Reciprocity; 384.220, Problem Driver current guidance on the testing methods Pointer System Information; 384.225, Endorsement, and 383.123, to be used by States. Requirements for a School Bus Record of Violation; 384.226, Endorsement 22. Section 383.135, Passing knowledge Prohibition on Masking Convictions; and Skills Tests 384.231, Satisfaction of State FMCSA proposes to amend Disqualification Requirement; and §§ 383.115–383.123 to add general FMCSA proposes to change the title of 384.405, Decertification of State CDL operating practices and procedures to § 383.135 to better reflect the content of Program the list of topics applicants must know the proposed revisions to the section. for each of these endorsements. This The revisions would include a These sections would be amended to new category covers questions in the clarification as to what restrictions must apply the requirements for State tests that do not fit into the other be placed on a CLP or CDL when an issuance of CDLs to the issuance of categories, but address important safety applicant fails the air brake and/or CLPs as well. In addition, § 384.220 issues. In addition, § 383.123(a)(1) combination vehicle knowledge tests or would be revised to refer to the Problem would be amended to clarify that performs the skills tests in a vehicle that Driver Pointer System instead of the applicants for a school bus endorsement is not equipped with full air brakes, air National Driver Register. over hydraulic brakes, manual must also obtain a passenger vehicle 2. Section 384.206, State Record Checks endorsement, that is, both a ‘‘P’’ and an transmission, and/or in a combination ‘‘S’’ endorsement to qualify to operate a vehicle without a fifth wheel trailer This section would be revised to school bus. connection. The revision also proposes apply the requirements for State to clarify that an applicant does not issuance of CDLs to the issuance of 19. Appendix to Subpart G have to take the complete set of skills CLPs as well. The proposal would also FMCSA proposes to remove the tests to remove one or more of the add specific required actions that States appendix to subpart G of part 383. It restrictions. It is also proposed that the must take as a result of receiving

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adverse information about an applicant would also be required to maintain matter warranting classification as or CLP/CDL holder. records of the training and certification acute. of the examiners and the results of the 3. Section 384.211, Surrender of Old V. Regulatory Analyses and Notices criminal background checks. The State Licenses would be required to rescind the Executive Order 12866 (Regulatory This section would be revised to examiner’s certification if he/she does Planning and Review) and DOT specify that previously issued licenses, not successfully complete the refresher Regulatory Policies and Procedures including a CLP or non-CDL, must be training or fails the annual criminal FMCSA has determined that this surrendered not only when a CDL is background check. action is a significant regulatory action initially issued, but also when a CDL is within the meaning of Executive Order upgraded or transferred. 7. Section 384.229, Skills Test Examiner Auditing and Monitoring (E.O.) 12866, as amended by E.O. 13258 4. Section 384.217, Drug Offenses and E.O. 13422, and the meaning of Section 384.229 would be added to Department of Transportation regulatory Section 384.217 would be revised to require States to audit and monitor both add commission of certain felonies policies and procedures because of State and third party examiners who public and Congressional interest in committed by CDL holders in non- work for third party testers to ensure CMVs to the list of offenses for which CMV licensing issues. However, we that the CDL program is working as expect the costs of the proposed rule to the States must disqualify persons from intended. States would be required to operating CMVs. This change corrects be fairly low. The Agency has prepared conduct unannounced annual on-site a preliminary regulatory analysis an omission in the current regulations. inspections of third party tester and Current § 384.217 fails to require the analyzing the costs and benefits of this examiner records to compare the results undertaking, summarized below. A copy State to enforce § 383.51(b) for offenses of the tests of applicants who receive in both CMVs and non-CMVs. of the complete preliminary analysis CDLs with the scoring sheets for the document is included in the docket 5. Section 384.227, Record of Digital tests. States would also be required to referenced at the beginning of this Image or Photograph conduct both covert and overt notice. Section 384.227 would be added to monitoring of both State and third party Many of the provisions of this rule require States to include a digitized skills test examiners. The State would would not impose significant costs on color photograph in the driver history have to establish and maintain the States or industry either because records and to review the photograph databases that contain information on most States are already complying with when replacement licenses are issued. each examiner, information on the tests the proposed requirements or because This requirement would prevent a administered by each examiner, and the other regulations have already brought different individual from obtaining a results of audits and monitoring, the States or industry into compliance license by falsely claiming that a CDL including the pass/fail rates of with these rules (for instance, the had been lost or stolen. individual examiners. This would minimum age requirement for CLPs enable the State to identify examiners would not have any costs associated 6. Section 384.228, Examiner Training who have unusually high pass or failure with it because drivers under 18 are and Record Checks rates. banned by current regulations from Section 384.228 would be added to 8. Section 384.301, Substantial operating CMVs in commerce). Those impose new training requirements and Compliance—General Requirements provisions estimated to be of minimal background checks for examiners. This economic significance include: section would apply to all examiners, Section 384.301 would be amended strengthening the legal presence both those employed by the State and by adding a new paragraph (c). FMCSA requirements; Social Security number those employed by third party testers. has always given the States 3 years after verification; surrender of CLP, CDL, and The State would be required to establish the effective date of any new rule to non-CDL documents; maximum initial and refresher training that meets come into substantial compliance with issuance and renewal periods for CLPs or exceeds the requirements established new CDL requirements. This allows the and CDLs; establishing a minimum age in this section. The established States time to pass any necessary new for a CLP; limiting endorsements on the requirements for the examiner and legislation and modify State systems to CLP to passenger only; methods of refresher training are based on the comply with the new requirements, administering the CDL test; new December 2006 edition developed by including CDLIS. New paragraph (c) standardized endorsement and AAMVA, titled ‘‘International Certified would specify the 3 year compliance restriction codes; motor carrier Commercial Certification Program.’’ date for States. prohibitions; and incorporating This program which supplements C. Proposed Changes to Part 385 regulatory guidance into text. Other AAMVA’s ‘‘2005 CDL Test System,’’ provisions in this rule do have some was developed by AAMVA in One of the purposes of part 385, cost implications, and include cooperation with FMCSA. Therefore, a Safety Fitness Procedures, is to establish minimum standards for issuing a CLP; test examiner certified under this the FMCSA’s procedures to determine checking for previous driving offenses program who maintains the certification the safety fitness of motor carriers, to by a CLP holder; CDL testing will meet these proposed training assign safety ratings, to direct motor requirements for out-of-State training requirements. carriers to take remedial action when schools; State reciprocity for CLPs; All examiners would have to required, and to prohibit motor carriers updating Federal knowledge and skills successfully complete the CDL test receiving a safety rating of test standards; and incorporating certain examiner training course and pass an ‘‘unsatisfactory’’ from operating a CMV. of the SAFE Port Act provisions. examination before the State may certify FMCSA proposes to add § 383.37(a) as Of the proposed rule changes that them to administer CDL tests. an acute violation in appendix B of part have potential cost implications, many The State would also have to conduct 385. Allowing a driver to operate a CMV affect the States by requiring extra steps initial and annual criminal background without a CLP or CDL, or without the in processing CLPs and CDLs. These checks of all test examiners. The State appropriate endorsement, is a serious include recording CLPs on CDLIS and

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making the CLP a tamper-proof additional day of initial training, and monitoring of skills test examiners. document (under minimum uniform $560,000 for the continuing education These reviews typically take one day for standards for issuing CLPs); checking requirement, which would be incurred both overt and covert monitoring. This for previous driving offenses by CLP/ every 4th year after the year of analysis will assume that each State is CDL holders (which would require an implementation. It is assumed that this currently conducting overt reviews/ additional PDPS record check); and training would facilitate the States’ audits of skills test examiners and overt implementing section 703a of the SAFE adoption of the new knowledge and monitoring of skills test examiners as Port Act. We estimate that these skills testing standards, and that, required by current regulations. Each provisions, taken together, would add 5 therefore, no additional costs would be State would, therefore, have to add the minutes to the amount of time it takes incurred for adoption of these covert monitoring piece to its oversight a State to process a license document. standards. program, and covert reviews would take In addition, an extra $1.40 per CLP In addition to improved training, this approximately half a day to conduct. rule would require States to enhance issued would be incurred to make the The Agency estimates that there are monitoring of skills test examiners. CLP tamper-proof, and a $1 cost would somewhere between 500 and 1,800 be incurred for each CLP placed on These measures would include an skills test locations in the United States. CDLIS that is not eventually converted annual review of each skills test Taking a rough midpoint between these into a CDL. States are charged $1 for examiner location, and overt and covert two figures yields an estimated 1,200 each record on CDLIS. Since both CDLs monitoring of the skills test examiners and CLPs count as a record, each CLP at each location, to protect against fraud skills testing sites. Halving this number recorded on CDLIS that is not converted and ensure that examiners are to account for the half day covert review to a CDL costs States an extra $1 per conducting the test properly. States are of each sight yields an estimated 600 year when compared to the status quo, currently required to conduct reviews of monitoring days each year. Assuming in which States only have to record third party testers annually, and to each examiner works 250 days a year, CDLs on CDLIS. Converting a CLP to a overtly monitor third party testers in an additional 2.4 full time equivalent CDL does not result in an additional one of two ways. Some States monitor examiners would be required record on CDLIS, so the CLP holders third party examiners by re-testing a nationwide to conduct monitoring of who successfully convert to CDLIS portion of the drivers the third party skills testing sites. According to the would be added to the system anyway tested, to ensure that those drivers have United States Bureau of Labor Statistics, and would therefore not result in an the skills to pass the test. In other States, detectives and criminal investigators extra cost to the States. Taking all of a State representative takes the CDL make an annual salary of $58,750. We these costs together, the estimated cost skills test from examiners at each inflate this figure by 30 percent to of these provisions is $1.76 million location as if the State employee were account for the value of non-monetary annually. a driver taking the test. The intent of benefits earned by people in this The SAFE Port Act provisions would both of these measures is to ensure that occupation, for a total annual result in additional costs to the States. the skills test examiners at each third compensation of $76,375. The cost These provisions would require the party testing organization are properly associated with the additional 2.4 full States to enhance training programs for conducting tests. time equivalent examiners is $183,000. CDL skills test examiners, and to Some States are already conducting This would be the annual cost of the conduct additional oversight of these both covert and overt monitoring of enhanced monitoring of skills test examiners to ensure that they are skills test examiners, but others provide examiners. properly conducting skills tests and to much less oversight. However, all States deter fraud. All States currently have should be conducting annual reviews of Table 1 below presents the total cost training programs for skills test all third party testers and conducting of these provisions over 10 years. In examiners, but these programs vary some monitoring of the examiners to addition to the cost of specific widely. It is estimated that the ensure that they are conducting the test provisions contained in this rule, requirements of this rule would result in properly, and to protect against fraud. FMCSA estimated $200,000 per State for the need for States to add an additional This rule would require the States with the minor IT upgrades that may be day to their current training program for less rigorous oversight to track the needed to comply with these skills test examiners. In addition, there performance and record of all skills test requirements. These costs are presented is a continuing or refresher training examiners, and invest in enhanced in the IT Upgrades row. Years 6–10 requirement incorporated into these enforcement, which may mean hiring or mimic years 2–5 with respect to cost, provisions, and it is estimated that this re-designating a certain number of and are therefore lumped together in continuing education requirement enforcement personnel to engage in one column. As can be seen, the total would necessitate 16 hours of additional covert and overt monitoring of CDL cost of these provisions vary between training for skills test examiners every 4 examiners. $1.9 and $12 million per year. The years. The cost of these training The Agency has personnel who also estimated 10 year cost of this rule would requirements is $280,000 for the conduct reviews and overt and covert be approximately $26 million.

TABLE 1.—COSTS OF RULE

Year 1 Year 2 Year 3 Year 4 Year 5 Years 6–10 Total

CDL Processing...... $1,759,850 $1,759,850 $1,759,850 $1,759,850 $1,759,850 $8,799,250 $17,598,500 Skills Test Training ...... 280,000 0 0 0 560,000 560,000 1,400,000 Covert Monitoring...... 183,300 183,300 183,300 183,300 183,300 916,500 1,833,000 IT Upgrades...... 10,200,000 0 0 0 0 0 10,200,000

Total ...... 12,423,150 1,943,150 1,943,150 1,943,150 2,503,150 10,275,750 31,031,500

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TABLE 1.—COSTS OF RULE—Continued

Year 1 Year 2 Year 3 Year 4 Year 5 Years 6–10 Total

Total, 7 percent discount ...... 12,423,150 1,816,028 1,697,222 1,586,189 1,909,641 6,404,139 25,836,370

Two other provisions of this rule have from the State in which they are trained home State to convert the temporary cost implications. CLP reciprocity and (in addition to, or to replace, the driver’s CDL into a CDL from their home State. CDL testing requirements for out-of- license from their State of domicile). While the average cost of a regular CDL State driver training school students They can either return to their home is known, FMCSA has no information would serve to reduce costs compared State to be tested (and they must find a on what States might charge for issuing to current practices. Two alternatives to vehicle to be tested in); or, they can be a temporary out-of-State CDL. It will be the status quo were considered by the skills tested in the State of training (in assumed here that the cost of the Agency. Both alternatives require State which case the training school will temporary CDL is the same as the cost reciprocity in recognizing CLPs issued usually provide a vehicle for the skills of a CLP, as both are temporary by other States. One alternative would test). documents. Given this assumption, the then allow the State in which training CDL costs, on average, $45.15, cost to the driver of this alternative and testing occurs to issue a temporary although the fees States charge for a would be $78.91, consisting of the cost CDL to out-of-State students who pass driver’s license vary widely. The costs of a CLP, a temporary CDL, and a that State’s skills test. These students of the alternatives being considered here permanent CDL in the driver’s State of would then return to their State of will, therefore, vary widely depending domicile. The driver would not have to domicile and convert the temporary on the State where drivers train and obtain a new base license from the CDL into a CDL. The other alternative their State of domicile. This analysis training State because, due to CLP would require States to recognize the will use national average figures to reciprocity, the driver would be able to results of skills tests conducted in any estimate the costs of the rule for the use his current driver’s license from his other State. Under this alternative, the ‘‘average’’ driver. The average cost of a State of domicile to train in another driver would train and test in another CLP is $16.88, and $22.10 for a driver’s State. State, and then his or her State of license. For the purposes of this The final alternative would be to domicile would issue a permanent CDL analysis, it will be assumed that all require States of domicile to accept based on the other State’s skills test applicants for a learner’s permit already skills test results from a training facility results. The baseline scenario will be have a driver’s license from their State in another State. Under this scenario, referred to as Alternative 1, the of domicile. The total cost of Alternative the driver would incur the cost of one temporary CDL scenario will be referred 1, which requires drivers to obtain both CLP, issued by his or her State of to as Alternative 2, and the skills test a new driver’s license in the training domicile, and one CDL, also issued by scenario will be referred to as State ($22.10), a CLP in the training the State of domicile. The total cost to Alternative 3. State ($16.88), a CDL in the training the driver of this alternative would For those who go out of their State of State ($45.15), and a CDL transfer to therefore be $62.03. This alternative domicile to train, the options differ their State of domicile ($45.15), will obviously minimizes costs for driver regarding the number of licenses (and average $129.28 per out-of-State trainee. trainees. The driver-related costs of the hence fees) that trainees must obtain. For Alternative 2, driver trainees must three alternatives are summarized in Currently, drivers who go out of State get a CLP from their State of domicile, Table 2 below. As can be seen, to train do so in violation of the attend training and be tested out of Alternative 2 cuts the fees associated domicile requirement. Those drivers State, be issued an out-of-State with getting a CDL by more than 50 must obtain a driver’s license and a CLP temporary CDL, and return to their percent for out-of-State driver trainees.

TABLE 2.—COST PER DRIVER OF OUT-OF-STATE TRAINING ALTERNATIVES

Status quo (with Alternative 2 out-of-State Alternative 1 (skills test score training) (temporary CDL) acceptance)

Driver’s License Costs ...... $22.10 N/A N/A Learner’s Permit Costs ...... 16.88 $16.88 $16.88 CDL Costs ...... 90.30 62.03 45.15

Total Cost to Driver ...... 129.28 78.91 62.03

Table 3 below presents the total cost training in other States, and the Drivers must apply in person for a CDL, savings of Alternatives 2 and 3 in licensing cost implications. Related to CLP, or to transfer a CDL from one State comparison to Alternative 1. These cost the licensing costs described for these to another. Since each of the alternatives figures are based on an estimated three Alternatives are costs to CDL described here differs in the number of 610,000 CLPs issued per year. It is applicants for obtaining a license. CDL licenses or permits the driver must assumed that approximately 20 percent applicants must pay licensing fees, but obtain, they vary in respect to the of CDL trainees currently attend out-of- also lose time at a State driver licensing amount of time drivers must spend at State training schools, so the total cost agency (SDLA) office every time they SDLA offices. All of the alternatives are is based on 122,000 out-of-State drivers must obtain a new license or permit. equivalent to one another for drivers

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who train in his/her State of domicile. We assume that each license this cost is 4 × $18.68 = $74.72. Only drivers who train out of State are transaction will take approximately 30 Alternative 2 has a per trainee cost of affected. For these drivers, Alternative 1 minutes of time, and that a trip to the $56.04. Alternative 3 has a per trainee (the status quo) requires 4 license SDLA will take, on average, 30 minutes cost of $37.36. Given the estimated transactions (regular operator’s license round trip (15 minutes each way), for a 475,000 licenses issued per year and the from the training State, CLP from the total of an hour per licensing assumption that 20 percent of trainees training State, CDL from the training transaction. We value this time at the go out-of-State for driver training, we State, and a license transfer back to the average wage for production apply the costs for each alternative to State of domicile); Alternative 2 requires (manufacturing) workers, which is 122,000 drivers-in-training. Table 3 3 licensing transactions (CLP from State $14.37. We inflate this figure by 30 summarizes these costs. The final row of of domicile, temporary CDL from percent to account for the value of this table, cost savings over baseline, training State, and permanent CDL from benefits to $18.68. The cost for each provides the estimated benefits of State of domicile); and Alternative 3 Alternative can then be calculated by requires 2 licensing transactions (CLP multiplying the number of licensing accommodating out-of-State training from State of domicile, and CDL from transactions by the hourly under both alternatives to the current State of domicile). compensation rate. For Alternative 1, situation.

TABLE 3.—TOTAL COST SAVINGS FOR ALTERNATIVES

Alternative 1 Alternative 2 Alternative 3

Number of licensing transactions ...... 4 3 2 Total Licensing fees (122,000 drivers) ...... $15,772,160 $9,627,020 $7,567,660 Lost time cost ...... 9,115,840 6,836,880 4,557,920

Total ...... 24,888,000 16,463,900 12,125,580

Cost Savings over baseline ...... NA 8,424,100 12,762,420

Table 4 below presents a comparison Alternative 1, the baseline scenario, are cost savings that accrue to drivers due of the benefits and costs of this rule over not presented because they are to accommodating out-of-State training. 10 years, including the costs discussed analogous to the costs as presented in As can be seen, both alternatives have above for CDL processing, skills test Table 1. The annual benefits presented positive net benefits. This NPRM examiner training, etc. Costs for for Alternatives 2 and 3 are the annual proposes to adopt Alternative 3.

TABLE 4.—COMPARISON OF TOTAL BENEFITS AND COSTS

Alternative 2 Alternative 3

10 Year Total Cost, from Table 1 (7 percent discount) ...... $25,836,370 $25,836,370 Total Benefit ...... 63,309,068 95,912,550

Net Benefit ...... 37,472,698 70,076,180

Safety Benefits It is reasonable to argue that drivers estimated at $6.5 million in the most who cannot develop the skills necessary expensive years (those in which Most of the provisions of the NPRM to pass either the skills or knowledge continuing education is required of are intended to have positive safety test would pose an increased safety risk. skills test examiners), $5 million in the benefits, including the minimum age Most States allow drivers multiple initial year, and $3.7 million in other requirement for CLPs, requiring that the chances to pass both the knowledge and years. We have estimated the general knowledge and P endorsement skills test, and with proper training, discounted safety benefits of this rule at knowledge tests be passed prior to most drivers should be able to develop approximately $75 million over 10 issuing a CLP or P endorsement on a the skills necessary to pass. Those who years. Adding the $75 million in total 10 CLP, and the standardization of CDL cannot have demonstrated that they are year net benefits due to crash reduction knowledge and skills testing. Although incapable of meeting a safe minimum to the estimated $70 million in 10 year the new tests may be somewhat more standard for controlling their vehicle net benefits associated with improved rigorous than the current versions being and, therefore, pose an increased risk to driver training opportunities, this rule used by the States, it is unclear whether the public. has a potential 10 year net benefit of the new test models would be so The average number of large CMV $145 million. crashes over the past 5 years for which rigorous as to lower pass rates for Regulatory Flexibility Act applicants or significantly improve statistics are available is 420,000 per In compliance with the Regulatory driver safety. However, this rule should year, rounded to the nearest 1,000. On average, a large truck crash is valued at Flexibility Act, as amended, (5 U.S.C. improve detection and deterrence of $91,112 per crash (including property- 601–612), FMCSA has considered the fraud, and significant safety benefits damage-only crashes). A non fatal injury effects of this proposed regulatory may result from preventing unqualified crash has an estimated cost of $195,258, action on small entities and determined drivers from fraudulently obtaining and a fatal crash has an estimated cost that this proposed rule would not have CDLs. of $3,604,518. The costs of this rule are a significant impact on a substantial

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number of small entities, as defined by primary income from skills testing. they attend training. These benefits have the U.S. Small Business Based on Census Bureau data, we been estimated at approximately $6.6 Administration’s Office of Size estimate that trucking firms have an million per year for Alternative 2, and Standards. This rulemaking proposal annual average profit margin of $10 million per year for Alternative 3. would primarily affect drivers rather $149,000 per year. The industry as a These benefits outweigh the costs to the than motor carriers, and most of the whole has approximately $15 to $19 States. The reduction in the number of provisions apply primarily to new billion in annual profits. The Agency license transactions a driver must drivers rather than drivers who have believes that each skills test examiner complete reduces the number of license CDLs. The exception would be drivers organization would have between 1 and transactions States must process. who have a class B or C CDL and are 2 skills testers. This rule would, It has been assumed in this analysis applying to move up to a Group A, or therefore, cost these entities a maximum that the price of each license transaction drivers seeking specialized of 600 entities × 1.5 skills test examiners represents the cost to the State for endorsements which require a skills × $100 = $90,000 per year. Given these processing that transaction. However, in test, such as a P endorsement. Since this costs, the Agency does not believe that rule applies to drivers rather than motor this rule has a significant impact on a some States this may not be the case— carriers, owner-operator motor carriers substantial number of small businesses. their license fees are set by the State legislature, and may be below or above would be the only small entities directly Unfunded Mandates Reform Act of 1995 affected by this rule. We estimate that the processing costs incurred. For States there are roughly 300,000 owner- This rulemaking would not impose an in which the licensing fee charged is operators currently operating in the unfunded Federal mandate, as defined above the cost of processing the license, United States. The drivers of these by the Unfunded Mandates Reform Act a reduction in the number of processed vehicles may be affected by these of 1995 (2 U.S.C. 1532, et seq.), that licenses may negatively impact State regulations if they want to change would result in the expenditure by revenues. Those States for which the fee classes or gain new endorsements on State, local, and tribal governments, in is below processing costs would the aggregate, or by the private sector, of experience a net reduction in operating their CDL. For the most part, this 5 proposal has a positive impact on CDL $128 million or more in any 1 year. costs that exceeds this loss in revenue. drivers or driver-applicants because it The Unfunded Mandates Reform Act On average, the reduction in licensing facilitates the ability of these drivers to requires new Federal regulations to be fees collected would average slightly obtain the lowest cost or most accompanied by an analysis of their less than $120,000 per year per State for fiscal impacts on State, local, and tribal convenient training for their CDL, CDL Alternative 2, and $161,000 per year per governments and on private industry. upgrade, or endorsement skills test. State for Alternative 3. Given the Although the attached regulatory modest cost of this rule, the Agency The other type of entity affected by evaluation provides much of this this rule would be third party skills test finds that it would not have a significant information, it will be summarized here, impact on the States or local examiners. These examiners would with an emphasis on effects on State governments, as defined by an annual undergo periodic covert monitoring, but and local governments, since this cost of $128 million in any one year. assuming they are administering the proposed rule does not have any major skills test properly, this monitoring effects on private industry. Many of the Executive Order 12988 (Civil Justice would be at no cost to them. In addition, provisions in this proposed rule would Reform) the employees who conduct skills impact the States, but the size of this testing may have to participate in impact would be relatively small. The This proposed action would meet additional training in order to remain total annual cost of the rule is estimated applicable standards in sections 3(a) eligible to conduct skills test at between $1.96 million and $12 and 3(b)(2) of Executive Order 12988, examinations. The Agency estimates million per year. These costs would Civil Justice Reform, to minimize that there are approximately 1,200 third primarily be imposed upon the States, litigation, eliminate ambiguity, and party skills testing organizations who would bear the cost of processing reduce burden. currently in operation in the United driver’s licenses, training and States. Information on these monitoring skills test examiners, and Executive Order 13045 (Protection of organizations is difficult to obtain, but making any changes to computer Children) some are affiliated with larger motor systems required to implement these FMCSA has analyzed this proposed carriers. Others would qualify as small changes. action under Executive Order 13045, businesses, but the Agency is currently The quantified benefits of this rule are Protection of Children from unsure of how many might fall into the the reduced cost to driver-applicants Environmental Health Risks and Safety small business category. We estimate that would be realized by implementing that half, or 600, skills testing either of the two alternatives for Risks. We have determined organizations are small businesses. accommodating out-of-State driver preliminarily that this rulemaking These organizations would have to bear training. These benefits would accrue would not concern an environmental the cost of enhanced training of the primarily to driver-applicants who risk to health or safety that may examiners they employ. These costs choose to obtain driver training in a disproportionately affect children. were estimated in the Regulatory Impact State other than their State of domicile. Executive Order 12630 (Taking of Analysis at $200 per examiner per day Streamlining the out-of-State training Private Property) of training, at an average of one-half day process would enable these drivers to of training every year. The cost to these avoid the licensing fees associated with This proposed rulemaking would not entities would, therefore, be obtaining a license in the State in which effect a taking of private property or approximately $100 per year per skills otherwise have taking implications test examiner employed. Most skills 5 The unfunded mandate threshold was under Executive Order 12630, testers are trucking firms, educational established in 1995 at $100 million in costs to State Governmental Actions and Interference or local governments, or private industry, in any organizations, or municipal one year. This figure has been adjusted using the with Constitutionally Protected Property organizations that do not derive their Consumer Price Index to 2005 dollars. Rights.

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Executive Order 13132 (Federalism) the States have identified CDL program Federal agencies must obtain approval FMCSA has analyzed this proposed deficiencies that need to be addressed. from the Office of Management and rule in accordance with the principles The Department’s Office of Inspector Budget (OMB) for each collection of and criteria of Executive Order 13132, General has focused attention on information they conduct, sponsor, or ‘‘Federalism,’’ and has determined that measures to prevent licensing fraud. require through regulations. This it does not have federalism Measures to address these issues, and rulemaking would affect a currently- implications. others included in this NPRM, would approved information collection The Federalism Order applies to improve the effectiveness of the CDL covered by the OMB Control No. 2126– ‘‘policies that have federalism program, but would also require 0011 titled, ‘‘Commercial Driver implications,’’ which it defines as participating States to change their Licensing and Testing Standards.’’ This regulations and other actions that have programs in a variety of ways. In information collection has an annual ‘‘substantial direct effects on the States, recognition of this fact, the Agency has burden of 1,391,456 hours, and will on the relationship between the national notified the National Governor’s expire on February 28, 2011. Association (NGA) of these proposed government and the States, or on the This NPRM would update and distribution of power and regulatory changes by letter to ensure that State and local governments will be provide more uniform procedures for responsibilities among the various ensuring that the applicant has the levels of government.’’ Sec. 1(a). The able to raise Federalism issues during the comment period for the NPRM. appropriate knowledge and skills to key concept here is ‘‘substantial direct operate a commercial motor vehicle. It effects on the States.’’ Sec. 3(b) of the Privacy Impact Assessment would also establish the minimum Federalism Order provides that Section 522 of the FY 2005 Omnibus information that must be on the CLP ‘‘[n]ational action limiting the Appropriations Act, enacted December document and the electronic driver’s policymaking discretion of the States 8, 2004, (Note to 5 U.S.C. 552a) requires record in CDLIS, make it a tamperproof shall be taken only where there is the Agency to conduct a privacy impact document, and establish maximum constitutional and statutory authority assessment (PIA) of a regulation that issuance and renewal periods for the for the action and the national activity will affect the privacy of individuals. CLP and CDL. The FMCSA believes this is appropriate in light of the presence of This rulemaking would require new proposal would result in a significant a problem of national significance.’’ minimum Federal standards for States increase in the annual burden hours for The proposed rule would amend the to issue commercial learner’s permits this information collection. The major commercial driver’s license (CDL) (CLPs) as a pre-condition for a increase in annual burden hours will program authorized by the Commercial commercial driver’s license (CDL). It probably result from the Motor Vehicle Safety Act of 1986 (49 would require that an applicant for a implementation of the new CLP U.S.C. chapter 313). States have been CLP must first pass a knowledge test requirements. issuing CDLs in accordance with which complies with prescribed National Environmental Policy Act Federal standards for well over a minimum standards and may have only decade. The CDL program does not have one CLP at a time; and that the data on The agency analyzed this proposed preemptive effect. It is voluntary; States each CLP holder must be added to the may withdraw at any time, although rulemaking for the purpose of the driver’s record in the Commercial Driver National Environmental Policy Act of doing so would result in the loss of License Information System (CDLIS). certain Federal-aid highway funds 1969 (NEPA) (42 U.S.C. 4321 et seq.) Therefore, the information will be held and determined under our pursuant to 49 U.S.C. 31314. Because to the same level of security as CDLIS. this rule would make only small, though environmental procedures Order 5610.1, Although each State would be published March 1, 2004 in the Federal numerous, incremental changes to the required to create a CDLIS record for requirements already imposed on Register (69 FR 9680), that this action is each CLP it issues, the Privacy Act categorically excluded (CE) under participating States, FMCSA has applies only to Federal agencies and any determined that it would not have Paragraph 4.s of the Order from further non-Federal agency which receives environmental documentation. That CE substantial direct effects on the States, records contained in a system of records on the relationship between the Federal relates to establishing regulations and from a Federal agency for use in a actions taken pursuant to these and State governments, or on the matching program. The Commercial distribution of power and regulations concerning requirements for Driver License Information System drivers to have a single commercial responsibilities among the various (CDLIS) records, however, are not levels of government. motor vehicle driver’s license. In transferred from FMCSA to the States; addition, the agency believes that the Nonetheless, FMCSA recognizes that they are created and maintained by the this rule would have an impact on the action includes no extraordinary States. FMCSA has determined this circumstances that would have any States and their commercial driver proposed rule would not result in a new licensing operations. Most significantly, effect on the quality of the environment. or revised Privacy Act System of Thus, the action does not require an it will require all participating States to Records for FMCSA. implement a commercial learner’s environmental assessment or an permit (CLP) and prohibit the issuance Executive Order 12372 environmental impact statement. of a CDL unless the applicant has first (Intergovernmental Review) We have also analyzed this rule under obtained a CLP and held it for a The regulations implementing the Clean Air Act, as amended (CAA), minimum of 30 days. The Agency hopes Executive Order 12372 regarding section 176(c) (42 U.S.C. 7401 et seq.), drivers will use this interval to obtain intergovernmental consultation on and implementing regulations formal training. States will also be Federal programs and activities do not promulgated by the Environmental required to use the American apply to this program. Protection Agency. Approval of this Association of Motor Vehicle action is exempt from the CAA’s Administrators’ ‘‘2005 CDL Test Paperwork Reduction Act General conformity requirement since it System’’ to administer knowledge and Under the Paperwork Reduction Act since it involves rulemaking and policy skills tests. Over the years, FMCSA and of 1995 (PRA) (44 U.S.C. 3501 et seq.), development and issuance.

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Executive Order 13211 (Energy Effects) accordance with the standards to permit the individual to operate We have analyzed this proposed contained in this part, which authorizes certain types of commercial motor action under Executive Order 13211, the individual to operate a class of a vehicles. Actions Concerning Regulations That commercial motor vehicle. * * * * * Significantly Affect Energy Supply, * * * * * Imminent hazard means the existence Distribution or Use. We have Commercial learner’s permit (CLP) of a condition relating to hazardous determined preliminarily that it would means a permit issued to an individual material that presents a substantial not be a ‘‘significant energy action’’ by a State or other jurisdiction, in likelihood that death, serious illness, under that Executive Order because it accordance with the standards severe personal injury, or a substantial would not be economically significant contained in this part, that, when endangerment to health, property, or the and would not be likely to have a carried with a valid driver’s license environment may occur before the significant adverse effect on the supply, issued by the same State or jurisdiction, reasonably foreseeable completion date distribution, or use of energy. authorizes the individual to operate a of a formal proceeding begun to lessen class of a commercial motor vehicle, the risk of that death, illness, injury, or List of Subjects when accompanied by a holder of a endangerment. 49 CFR Part 383 valid CDL, for purposes of behind-the- * * * * * wheel training. When issued to a CDL Administrative practice and Nonresident CLP or Nonresident CDL holder, a CLP serves as authorization for means a CLP or CDL, respectively, procedure, Alcohol abuse, Drug abuse, accompanied behind-the-wheel training Highway safety, Motor carriers. issued by a State under either of the in a CMV for which the holder’s current following two conditions: 49 CFR Part 384 CDL is not valid. (1) To an individual domiciled in a Commercial motor vehicle (CMV) Administrative practice and foreign country meeting the means a motor vehicle or combination procedure, Alcohol abuse, Drug abuse, requirements of § 383.23(b)(1). of motor vehicles used in commerce to Highway safety, Motor carriers. (2) To an individual domiciled in transport passengers or property if the another State meeting the requirements 49 CFR Part 385 motor vehicle— of § 383.23(b)(2). Highway safety, Highways and roads, (1) Has a gross combination weight * * * * * Motor carriers, Motor vehicle safety, rating or gross combination weight of Tank vehicle means any commercial Safety fitness procedures. 11,794 kilograms or more (26,001 motor vehicle that is designed to pounds or more), whichever is greater, For the reasons explained in the transport any liquid or gaseous inclusive of a towed unit(s) with a gross preamble, FMCSA proposes to amend materials within a tank having an vehicle weight rating or gross vehicle parts 383, 384, and 385 of title 49 of the aggregate rated capacity of 1,000 gallons weight of more than 4,536 kilograms Code of Federal Regulations as set forth or more that is either permanently or (10,000 pounds), whichever is greater; below: temporarily attached to the vehicle or or the chassis. A commercial motor vehicle PART 383—COMMERCIAL DRIVER’S (2) Has a gross vehicle weight rating transporting an empty storage container LICENSE STANDARDS; or gross vehicle weight of 11,794 or tank, not designed for transportation, REQUIREMENTS AND PENALTIES more kilograms (26,001 pounds or with a rated capacity of 1,000 gallons or more), whichever is greater; or more that is temporarily attached to a 1. The authority citation for part 383 (3) Is designed to transport 16 or more flatbed trailer is not considered a tank continues to read as follows: passengers, including the driver; or vehicle. Authority: 49 U.S.C. 521, 31136, 31301 et (4) Is of any size and is used in the Third party skills test examiner means seq., 31502; sec. 214 of Pub. L. 106–159, 113 transportation of hazardous materials as a person employed by a third party Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107– defined in this section. tester who is authorized by the State to 56, 115 Stat. 397; sec. 4140 of Pub. L. 109– * * * * * administer the CDL skills tests specified 59, 119 Stat. 1144; and 49 CFR 1.73. Disqualification means any of the in subparts G and H of this part. 2. Amend § 383.5 by removing the following three actions: Third party tester means a person definition for serious traffic violation in (1) The suspension, revocation, or (including, but not limited to, another its entirety; by revising the definitions cancellation of a CLP or CDL by the State, a motor carrier, a private driver for commercial driver’s license, State or jurisdiction of issuance. training facility or other private commercial motor vehicle, (2) Any withdrawal of a person’s institution, or a department, agency, or disqualification, driver applicant, privileges to drive a CMV by a State or instrumentality of a local government) endorsement, imminent hazard, other jurisdiction as the result of a authorized by the State to employ skills nonresident CDL, tank vehicle, and violation of State or local law relating to test examiners to administer the CDL United States; and adding new motor vehicle traffic control (other than skills tests specified in subparts G and definitions for CDL driver, commercial parking, vehicle weight or vehicle defect H of this part. learner’s permit, third party skills test violations). United States means the 50 States and examiner, and third party tester to read (3) A determination by the FMCSA the District of Columbia. as follows: that a person is not qualified to operate * * * * * a commercial motor vehicle under part § 383.5 Definitions. 3. Add § 383.9 to subpart A to read as 391 of this subchapter. follows: * * * * * Driver applicant means an individual CDL driver means a person holding a who applies to a State to obtain, § 383.9 Matter incorporated by reference. CDL or a person required to hold a CDL. transfer, upgrade, or renew a CDL or to (a) Incorporation by reference. This * * * * * obtain or renew a CLP. part includes references to certain Commercial driver’s license (CDL) * * * * * matter or materials. The text of the means a license issued to an individual Endorsement means an authorization materials is not included in the by a State or other jurisdiction, in to an individual’s CLP or CDL required regulations contained in this part. The

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materials are hereby made a part of the standards contained in subpart J of this (2) The CLP holder holds a valid regulations in this part. The Director of part, issued by his/her State or driver’s license issued by the same the Office of the Federal Register has jurisdiction of domicile. jurisdiction. approved the materials incorporated by (b) Exception. (1) If a CMV operator is (3) The CLP holder must have taken reference in accordance with 5 U.S.C. not domiciled in a foreign jurisdiction and passed a general knowledge test 552(a) and 1 CFR part 51. For materials which the Administrator has that meets the Federal standards subject to change, only the specific determined tests drivers and issues contained in subparts F, G, and H of this version approved by the Director of the CDLs in accordance with, or under part for the commercial motor vehicle Office of the Federal Register and standards similar to, the standards that person operates or expects to specified in the regulation is contained in subparts F, G, and H of this operate. incorporated. Material is incorporated part, the person may obtain a (4) The CLP holder must be 18 years as it exists on the date of the approval Nonresident CLP or Nonresident CDL of age or older. and a notice of any change in these from a State which does comply with (5) A CLP holder with a passenger (P) materials will be published in the the testing and licensing standards endorsement must have taken and passed the P endorsement knowledge Federal Register. contained in such subparts F, G, and H test. A CLP holder with a P endorsement (b) Materials incorporated. The of this part.1 is prohibited from operating a CMV American Association of Motor Vehicle (2) If an individual is domiciled in a Administrators’ (AAMVA’s) ‘‘2005 CDL carrying passengers. The P endorsement State while that State is prohibited from must be class specific. All other Federal Test System,’’ incorporated by reference issuing CDLs in accordance with for subpart H of this part, includes the endorsements are prohibited on a CLP. § 384.405 of this subchapter, that (6) The CLP holder does not operate following individual documents: individual is eligible to obtain a (1) ‘‘Model Commercial Driver a commercial motor vehicle transporting Nonresident CLP or Nonresident CDL hazardous materials as defined in License Manual’’; from any State that elects to issue a (2) ‘‘Model CDL Examiner’s Manual’’; § 383.5. Nonresident CDL and which complies (b) The CLP must be a separate (3) ‘‘2005 Requirements Document with the testing and licensing standards For Use In Developing Computer- document from the CDL or non-CDL. contained in subparts F, G, and H of this (c) The CLP must be valid for no more Generated Multiple-Choice CDL part. than 180 days from the date of issuance. Knowledge Tests’’; and (3) If an individual possesses a The State may renew the CLP for an (4) ‘‘2005 Test Item Summary Forms’’ commercial learner’s permit (CLP), as additional 90 days without requiring the for CDL General Knowledge, Air Brakes, defined in § 383.5, the individual is CLP holder to retake the general and Combination Vehicles, Doubles/Triples, authorized to operate a class of CMV as endorsement knowledge tests. Hazardous Materials, Passenger provided by the CLP in accordance with (d) The issuance of a CLP is a Transport, School Bus, and Tank § 383.25. precondition to the issuance or upgrade Vehicle knowledge tests. of a CDL. The CLP holder is not eligible (c) Addresses. (1) All of the materials 5. Add § 383.25 to read as follows: to take the CDL skills test in the first 30 incorporated by reference except the § 383.25 Commercial learner’s permit days after initial issuance of the CLP. ‘‘2005 Test Item Summary Forms’’ are (CLP). 6. Revise § 383.37 to read as follows: available for inspection at: (a) A CLP is considered a valid (i) The Department of Transportation § 383.37 Employer responsibilities. Library, 1200 New Jersey Avenue, SE., commercial driver’s license for purposes of behind-the-wheel training on public No employer may knowingly allow, Washington, DC 20590. These require, permit, or authorize a driver to documents are also available for roads or highways, if all of the following minimum conditions are met: operate a CMV in the United States in inspection and copying as provided in any of the following circumstances: (1) The CLP holder is at all times 49 CFR part 7. (a) During any period in which the accompanied by the holder of a valid (ii) The Office of the Federal Register, driver does not have a current CLP or CDL who has the proper CDL group and 800 North Capitol Street, NW., Suite CDL or does not have a CLP or CDL with endorsement(s) necessary to operate the 700, Washington, DC. the proper class or endorsements. An CMV. The CDL holder must at all times (2) Information and copies of all of the employer may not use a driver to be physically present in the front seat of materials incorporated by reference operate a CMV that violates any the vehicle next to the CLP holder, or except the ‘‘2005 Test Item Summary restriction on the driver’s CLP or CDL. Forms’’ may be obtained by writing to: directly behind the driver in the case of (b) During any period in which the American Association of Motor Vehicle a passenger vehicle, and must have the driver has a CLP or CDL suspended, Administrators, Inc., 4301 Wilson Blvd., CLP holder under observation and revoked, or canceled by a State, has lost Suite 400, Arlington, VA 22203. direct supervision. the right to operate a CMV in a State, or 4. Revise § 383.23 to read as follows: has been disqualified from operating a 1 Effective December 29, 1988, the Administrator § 383.23 Commercial driver’s license. CMV. determined that commercial driver’s licenses issued (c) During any period in which the (a) General rule. (1) No person shall by Canadian Provinces and Territories in conformity with the Canadian National Safety Code driver has more than one CDL. operate a commercial motor vehicle are in accordance with the standards of this part. (d) During any period in which the unless such person has taken and Effective November 21, 1991, the Administrator driver, or the CMV he or she is driving, passed written and driving tests which determined that the new Licencias Federales de or the motor carrier operation, is subject meet the Federal standards contained in Conductor issued by the United Mexican States are in accordance with the standards of this part. to an out-of-service order. subparts F, G, and H of this part for the Therefore, under the single license provision of (e) In violation of a Federal, State, or commercial motor vehicle that person § 383.21, a driver holding a commercial driver’s local law or regulation pertaining to operates or expects to operate. license issued under the Canadian National Safety railroad-highway grade crossings. (2) Except as provided in paragraph Code or a new Licencia Federal de Conductor 7. In § 383.51: issued by Mexico is prohibited from obtaining (b) of this section, no person may legally nonresident CDL, or any other type of driver’s A. Revise paragraph (a); operate a CMV unless such person license, from a State or other jurisdiction in the B. Revise paragraph (b) introductory possesses a CDL which meets the United States. text and the headings for Table 1;

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C. Revise paragraph (c) introductory this section, if the holder drives a CMV through (b)(8) of this section (Table 1 to text and the headings for Table 2; or non-CMV and is convicted of the § 383.51) after 10 years if that person D. Revise paragraph (d) introductory violations listed in those paragraphs. has voluntarily entered and successfully text and the headings for Table 3; and (4) Determining first and subsequent completed an appropriate rehabilitation E. Revise paragraph (e) introductory violations. For purposes of determining program approved by the State. Any text and the headings for Table 4 to read first and subsequent violations of the person who has been reinstated in as follows: offenses specified in this subpart, each accordance with this provision and who conviction for any offense listed in is subsequently convicted of a § 383.51 Disqualification of drivers. Tables 1 through 4 to this section disqualifying offense described in (a) General. (1) A person required to resulting from a separate incident, paragraphs (b)(1) through (b)(8) of this have a CLP or CDL who is disqualified whether committed in a CMV or non- section (Table 1 to § 383.51) must not be must not drive a CMV. CMV, must be counted. reinstated. (2) An employer must not knowingly (5) The disqualification period must (b) Disqualification for major offenses. allow, require, permit, or authorize a be in addition to any other previous Table 1 to § 383.51 contains a list of the driver who is disqualified to drive a periods of disqualification. offenses and periods for which a person CMV. (6) Reinstatement after lifetime who is required to have a CLP or CDL (3) A holder of a CLP or CDL is disqualification. A State may reinstate is disqualified, depending upon the type subject to disqualification sanctions any driver disqualified for life for of vehicle the driver is operating at the designated in paragraphs (b) and (c) of offenses described in paragraphs (b)(1) time of the violation, as follows:

TABLE 1 TO § 383.51

If a driver operates a For a first conviction For a first conviction For a first conviction For a second convic- For a second convic- motor vehicle and is or refusal to be or refusal to be or refusal to be tion or refusal to be tion or refusal to be convicted of: tested while oper- tested while oper- tested while oper- tested in a sepa- tested in a sepa- ating a CMV, a per- ating a non-CMV, a ating a CMV trans- rate incident of any rate incident of any son required to CLP or CDL holder porting hazardous combination of of- combination of of- have a CLP or CDL must be disquali- materials required fenses in this Table fenses in this Table and a CLP or CDL fied from operating to be placarded while operating a while operating a holder must be dis- a CMV for . . . under the Haz- CMV, a person re- non-CMV, a CLP or qualified from oper- ardous Materials quired to have a CDL holder must ating a CMV for Regulations (49 CLP or CDL and a be disqualified from ... CFR part 172, sub- CLP or CDL holder operating a CMV part F), a person must be disquali- for . . . required to have a fied from operating CLP or CDL and a a CMV for . . . CLP or CDL holder must be disquali- fied from operating a CMV for . . .

(c) Disqualification for serious traffic which a person who is required to have operating at the time of the violation, as violations. Table 2 to § 383.51 contains a CLP or CDL is disqualified, depending follows: a list of the offenses and the periods for upon the type of vehicle the driver is

TABLE 2 TO § 383.51

If the driver operates a For a second conviction of For a second conviction of For a third or subsequent For a third or subsequent motor vehicle and is any combination of of- any combination of of- conviction of any com- conviction of any com- convicted of: fenses in this Table in a fenses in this Table in a bination of offenses in bination of offenses in separate incident within separate incident within this Table in a separate this Table in a separate a 3-year period while a 3-year period while incident within a 3-year incident within a 3-year operating a CMV, a per- operating a non-CMV, a period while operating a period while operating a son required to have a CLP or CDL holder must CMV, a person required non-CMV, a CLP or CLP or CDL and a CLP be disqualified from op- to have a CLP or CDL CDL holder must be dis- or CDL holder must be erating a CMV for. . . and a CLP or CDL hold- qualified from operating disqualified from oper- er must be disqualified a CMV for. . . ating a CMV for . . . from operating a CMV for. . .

* * * * * 3 to § 383.51 contains a list of the or CDL is disqualified, when the driver (d) Disqualification for railroad- offenses and the periods for which a is operating a CMV at the time of the highway grade crossing offenses. Table person who is required to have a CLP violation, as follows:

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TABLE 3 TO § 383.51

If the driver is convicted of oper- For a first conviction a person re- For a second conviction of any For a third or subsequent convic- ating a CMV in violation of a quired to have a CLP or CDL combination of offenses in this tion of any combination of of- Federal, State or local law be- and a CLP or CDL holder must Table in a separate incident fenses in this Table in a sepa- cause . . . be disqualified from operating a within a 3-year period, a person rate incident within a 3-year pe- CMV for . . . required to have a CLP or CDL riod, a person required to have and a CLP or CDL holder must a CLP or CDL and a CLP or be disqualified from operating a CDL holder must be disqualified CMV for . . . from operating a CMV for. . .

* * * * * contains a list of the offenses and disqualified when the driver is (e) Disqualification for violating out- periods for which a person who is operating a CMV at the time of the of-service orders. Table 4 to § 383.51 required to have a CLP or CDL is violation, as follows:

TABLE 4 TO § 383.51

If the driver operates a CMV and For a first conviction while oper- For a second conviction in a sep- For a third or subsequent convic- is convicted of . . . ating a CMV, a person required arate incident within a 10-year tion in a separate incident with- to have a CLP or CDL and a period while operating a CMV, in a 10-year period while oper- CLP or CDL holder must be a person required to have a ating a CMV, a person required disqualified from operating a CLP or CDL and a CLP or CDL to have a CLP or CDL and a CMV for . . . holder must be disqualified from CLP or CDL holder must be operating a CMV for . . . disqualified from operating a CMV for . . .

* * * * * (7) The person must provide the certify that he/she is not subject to part 8. Revise § 383.71 to read as follows: names of all States where the applicant 391. A person who operates or expects has been licensed to drive any type of to operate entirely in intrastate § 383.71 Driver application procedures. motor vehicle during the previous 10 commerce and is not subject to part 391, (a) Commercial Learner’s Permit. Prior years. is subject to State driver qualification to obtaining a CLP, a person must meet (8) A person seeking a passenger (P) requirements and must certify that he/ all of the following requirements: endorsement must have taken and she is not subject to part 391. (1) The person must be 18 years of age passed the endorsement knowledge test. or older and provide proof of his/her (2) The person must pass a driving or (9) A person who operates or expects age. skills test in accordance with the (2) The person must have taken and to operate in interstate commerce, or is standards contained in subparts F, G, passed a general knowledge test that otherwise subject to part 391 of this and H of this part taken in a motor meets the Federal standards contained subchapter, must certify that he/she vehicle which is representative of the in subparts F, G, and H of this part for meets the qualification requirements type of motor vehicle the person the commercial motor vehicle group contained in part 391 of this subchapter. operates or expects to operate; or that person operates or expects to A person who operates or expects to provide evidence that he/she has operate. operate in interstate commerce, but is successfully passed a driving test (3) The person must certify that he/ not subject to part 391 due to an administered by an authorized third she is not subject to any disqualification exception under § 390.3(f) or an party. under § 383.51, or any license exemption under § 391.2, must certify (3) The person must certify that the suspension, revocation, or cancellation that he/she is not subject to part 391. A motor vehicle in which the person takes under State law, and that he/she does person who operates or expects to the driving skills test is representative of not have a driver’s license from more operate entirely in intrastate commerce the type of motor vehicle that person than one State or jurisdiction. and is not subject to part 391, is subject operates or expects to operate. to State driver qualification (4) The person must provide to the (4) The person must provide the State requirements and must certify that he/ State of issuance the information the information required to be included she is not subject to part 391. required to be included on the CLP as on the CDL as specified in subpart J of (b) Initial Commercial Driver’s specified in subpart J of this part. this part. (5) The person must provide to the License. Prior to obtaining a CDL, a (5) The person must certify that he/ State proof of citizenship or person must meet all of the following she is not subject to any disqualification immigration status as specified in Table requirements: under § 383.51, or any license 1 of this section or obtain a non-resident (1) A person who operates or expects suspension, revocation, or cancellation CLP as specified in paragraph (f) of this to operate in interstate or foreign under State law, and that he/she does section. commerce, or is otherwise subject to (6) The person must provide proof part 391 of this subchapter, must certify not have a driver’s license from more that the State to which application is that he/she meets the qualification than one State or jurisdiction. made is his or her State of domicile, as requirements contained in part 391 of (6) The person must surrender his/her the term is defined in § 383.5. this subchapter. A person who operates non-CDL driver’s licenses and CLP to Acceptable proof of domicile is a or expects to operate in interstate the State. document with the person’s name and commerce, but is not subject to part 391 (7) The person must provide the residential address within the State, due to an exception under § 390.3(f) or names of all States where the applicant such as a government issued tax form. an exemption under § 391.2, must has previously been licensed to drive

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any type of motor vehicle during the permanent resident of the United States (9) The person must provide proof of previous 10 years. requesting a hazardous materials citizenship or immigration status as (8) If the person is applying for a endorsement must additionally provide specified in Table 1 of this section, or hazardous materials endorsement, he/ his or her Bureau of Citizenship and be registered under paragraph (f) of this she must comply with Transportation Immigration services (BCIS) Alien section. Security Administration requirements registration number. codified in 49 CFR part 1572. A lawful

TABLE 1 TO § 383.71.—LIST OF ACCEPTABLE PROOFS OF CITIZENSHIP OR IMMIGRATION

Status Proof of status

U.S. Citizen ...... • U.S. Passport. • Certificate of birth that bears an official seal and was issued by a State, county, municipal authority, or outlying possession of the United States. • Certification of Birth abroad issued by the U.S. Department of State (Form FS–545 or DS 1350). • Certificate of Naturalization (Form N–550 or N–570). • Certificate of U.S. Citizenship (Form N–560 or N–561). Lawful Permanent Resident • Permanent Resident Card, Alien Registration Receipt Card (Form I–551). • Temporary I–551 stamp in foreign passport. • Temporary I–551 stamp on Form I–94, Arrival/Departure Record, with photograph of the bearer. • Reentry Permit (Form I–327).

(10) The person must provide proof (d) License renewal. When applying (3) To obtain a hazardous materials that the State to which application is for a renewal of a CDL, all applicants endorsement, comply with the made is his or her State of domicile, as must: requirements specified in paragraph the term is defined in § 383.5. (1) Provide to the State certifications (b)(8) of this section; and Acceptable proof of domicile is a contained in paragraph (b) of this (4) Surrender the previous CDL. document with the person’s name and section; (f) Nonresident CDL. (1) A person residential address within the State, (2) Provide to the State updated must obtain a Nonresident CDL: such as a government issued tax form. information as specified in subpart J of (i) If the applicant is domiciled in a (c) License transfer. When applying to this part; and foreign jurisdiction, as defined in transfer a CDL from one State of (3) If a person wishes to retain a § 383.5, and the Administrator has not domicile to a new State of domicile, an hazardous materials endorsement, he/ determined whether the commercial applicant must apply for a CDL from the she must comply with the requirements motor vehicle operator testing and new State of domicile within no more specified in paragraph (b)(8) of this licensing standards of that jurisdiction than 30 days after establishing his/her section and pass the test specified in meet the standards contained in new domicile. The applicant must: § 383.121 for such endorsement. subparts G and H of this part. (ii) If the applicant is domiciled in a (1) Provide to the new State of (4) Provide the names of all States State that is prohibited from issuing domicile the certifications contained in where the applicant has previously been CDLs in accordance with § 384.405 of paragraph (b) of this section; licensed to drive any type of motor this subchapter. That person is eligible (2) Provide to the new State of vehicle during the previous 10 years. domicile updated information as to obtain a Nonresident CDL from any (5) Provide to the State proof of specified in subpart J of this part; State that elects to issue a Nonresident citizenship or immigration status as (3) If the applicant wishes to retain a CDL and which complies with the specified in Table 1 of this section, or hazardous materials endorsement, he/ testing and licensing standards be registered under paragraph (f) of this she must comply with the requirements contained in subparts F, G, and H of this section. specified in paragraph (b)(8) of this part. section and State requirements as (6) Provide proof to the State that this (2) An applicant for a nonresident specified in § 383.73(c)(4); is his or her State of domicile, as the CDL must do both of the following: (4) Surrender the CDL from the old term is defined in § 383.5. Acceptable (i) Complete the requirements to State of domicile to the new State of proof of domicile is a document with obtain a CDL contained in paragraph (b) domicile; and the person’s name and residential of this section. Exception: An applicant (5) Provide the names of all States address within the State, such as a domiciled in a foreign jurisdiction must where the applicant has previously been government issued tax form. provide a foreign issued passport or U.S. licensed to drive any type of motor (e) License upgrades. When applying issued immigration document granting vehicle during the previous 10 years. for a CDL or an endorsement temporary or indefinite legal status in (6) Provide to the State proof of authorizing the operation of a CMV not the U.S. No proof of domicile is citizenship or immigration status as covered by the current CDL, all required. specified in Table 1 of this section, or applicants must: (ii) After receipt of the CDL, and for be registered under paragraph (f) of this (1) Provide the certifications specified as long as it is valid, notify the State section. in paragraph (b) of this section; which issued the CDL of any adverse (7) Provide proof to the State that this (2) Pass all the knowledge tests in action taken by any jurisdiction or is his or her State of domicile, as the accordance with the standards governmental agency, foreign or term is defined in § 383.5. Acceptable contained in subparts F, G, and H of this domestic, against his/her driving proof of domicile is a document with part and all the skills tests specified in privileges. Such adverse actions include the person’s name and residential paragraph (b)(2) of this section for the but are not be limited to license address within the State, such as a new vehicle group and/or different suspension or revocation, or government issued tax form. endorsements; disqualification from operating a

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commercial motor vehicle for the license suspension, revocation, or (6) If not previously done, complete convictions described in § 383.51. cancellation under State law, and that the Social Security Number verification Notifications must be made within the the person does not have a driver’s required by paragraph (g) of this section; time periods specified in § 383.33. license from more than one State or (7) For persons applying for a (3) An applicant for a Nonresident jurisdiction. The record check must hazardous materials endorsement, CDL is not required to surrender a include, but is not limited to, the require compliance with the standards previous foreign license. following: for such endorsement specified in 9. Revise § 383.72 to read as follows: (i) A check of the applicant’s driving §§ 383.71(b)(8) and 383.141; and (8) Make the CDL valid for no more § 383.72 Implied consent to alcohol record as maintained by his/her current testing. State of licensure, if any; than 8 years from the date of issuance. (ii) A check with the CDLIS to (c) License transfers. Prior to issuing Any person who holds a CLP or CDL a CDL to a person who has a CDL from or is required to hold a CLP or CDL is determine whether the driver applicant already has been issued a CDL, whether another State, a State must: considered to have consented to such (1) Require the driver applicant to testing as is required by any State or the applicant’s license has been suspended, revoked, or canceled, or if make the certifications contained in jurisdiction in the enforcement of § 383.71(b); §§ 383.51(b), Table 1, item (4) and the applicant has been disqualified from (2) Complete a check of the driver 392.5(a)(2) of this subchapter. Consent operating a commercial motor vehicle; applicant’s record as contained in is implied by driving a commercial (iii) A check with the Problem Driver paragraph (b)(3) of this section; motor vehicle. Pointer System (PDPS) to determine (3) Request and receive updates of 10. Revise § 383.73 to read as follows: whether the driver applicant has: (A) Been disqualified from operating information specified in subpart J of this § 383.73 State procedures. a motor vehicle (other than a part; (a) Commercial Learner’s Permit. Prior commercial motor vehicle); (4) If such applicant wishes to retain to issuing a CLP to a person, a State a hazardous materials endorsement, (B) Had a license (other than CDL) require compliance with standards for must: suspended, revoked, or canceled for (1) Require the applicant to make the such endorsement specified in cause in the 3-year period ending on the §§ 383.71(b)(8) and 383.141 and ensure certifications, pass the tests, and date of application; or provide the information as described in that the driver has, within the 2 years (C) Been convicted of any offenses preceding the transfer, either: § 383.71(a); contained in 49 U.S.C. 30304(a)(3); (2) Initiate and complete a check of (i) Passed the test for such the applicant’s driving record as (iv) A request for the applicant’s endorsement specified in § 383.121; or described in paragraph (b)(3) of this complete driving record from all States (ii) Successfully completed a section. where the applicant was previously hazardous materials test or training that (3) Make a CLP valid for no more than licensed over the last 10 years to drive is given by a third party and that is 180 days from the date of issuance and any type of motor vehicle. Exception: A deemed by the State to substantially provide for renewal of a CLP only for an State is only required to make the cover the same knowledge base as that additional 90 days without the CLP request for the complete driving record described in § 383.121; holder having to retake the general and specified in this paragraph for initial (5) If not previously done, complete endorsement knowledge tests; issuance of a CLP, transfer of CDL from the Social Security Number verification (4) Allow only a group-specific another State or for drivers renewing a required by paragraph (g) of this section; passenger (P) endorsement on a CLP, CDL for the first time after September and provided the applicant has taken and 30, 2002, provided a notation is made (6) Require the applicant to surrender passed the endorsement knowledge test. on the driver’s record confirming that the CDL issued by the applicant’s All other Federal endorsements are the driver record check required by this previous State of domicile. prohibited on a CLP; and paragraph has been made and noting the (7) Require compliance with the (5) Complete the Social Security date it was done; standards for providing proof of Number verification required by (4) Require the driver applicant to citizenship or immigration status paragraph (g) of this section. surrender his/her non-CDL driver’s specified in § 383.71(b)(9) and proof of (6) Require compliance with the license and CLP; State of domicile specified in standards for providing proof of (5) Require compliance with the § 383.71(b)(10). Exception: A State is citizenship or immigration status standards for providing proof of only required to check the proof of specified in § 383.71(a)(5) and proof of citizenship or immigration status citizenship or immigration status State of domicile specified in specified in § 383.71(b)(9) and proof of specified in this paragraph for initial § 383.71(a)(6). State of domicile specified in issuance of a CLP or Nonresident CDL, (b) Initial CDL. Prior to issuing a CDL § 383.71(b)(10). Exception: A State is transfer of CDL from another State or for to a person, a State must: only required to check the proof of drivers renewing a CDL or Nonresident (1) Require the driver applicant to citizenship or immigration status CDL for the first time after [effective certify, pass tests, and provide specified in this paragraph for initial date of final rule], provided a notation information as described in § 383.71(b); issuance of a CLP or Nonresident CDL, is made on the driver’s record (2) Check that the vehicle in which transfer of CDL from another State or for confirming that the proof of citizenship the applicant takes his/her test is drivers renewing a CDL or Nonresident or immigration status check required by representative of the vehicle group the CDL for the first time after [effective this paragraph has been made and applicant has certified that he/she date of final rulemaking], provided a noting the date it was done. operates or expects to operate; notation is made on the driver’s record (d) License Renewals. Prior to (3) Initiate and complete a check of confirming that the proof of citizenship renewing any CDL a State must: the applicant’s driving record to ensure or immigration status check required by (1) Require the driver applicant to that the person is not subject to any this paragraph has been made and make the certifications contained in disqualification under § 383.51, or any noting the date it was done; § 383.71(b);

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(2) Complete a check of the driver the practical capability of disqualifying the person’s CLP or CDL or his/her applicant’s record as contained in the holder of any Nonresident CDL, by pending application, or disqualify the paragraph (b)(3) of this section; withdrawing, suspending, canceling, person from operating a commercial (3) Request and receive updates of and revoking his/her Nonresident CDL motor vehicle for a period of at least 60 information specified in subpart J of this as if the Nonresident CDL were a CDL consecutive days. part; issued to a person domiciled in the (k) Drivers convicted of fraud related (4) If such applicant wishes to retain State. to the testing and issuance of a CLP or a hazardous materials endorsement, (3) The State must require compliance CDL. (1) The State must have policies in require the driver to pass the test with the standards for providing proof effect which result, at a minimum, in specified in § 383.121 and comply with of immigration status specified in the cancellation or revocation of the the standards specified in § 383.71(b)(9) and § 383.71(f)(2)(i). CLP or CDL of a person who has been §§ 383.71(b)(8) and 383.141 for such (g) Social Security Number convicted of fraud related to the endorsement; verification. (1) Prior to issuing a CLP or issuance of that CLP or CDL. The (5) If not previously done, complete a CDL to a person the State must verify application of a person so convicted the Social Security Number verification the name, date of birth, and Social who seeks to renew, transfer, or upgrade required by paragraph (g) of this section; Security Number provided by the the fraudulently obtained CLP or CDL and applicant with the information on file must also, at a minimum, be canceled or (6) Make the renewal of the CDL valid with the Social Security Administration. revoked. The State must record any for no more than 8 years from the date The State is prohibited from issuing, such withdrawal in the person’s driving of issuance. renewing, upgrading, or transferring a record. The person may not reapply for (7) Require compliance with the CLP or CDL if the Social Security a new CDL for at least 1 year. standards for providing proof of Administration database does not match (2) If a State receives credible citizenship or immigration status the applicant-provided data. information that a CLP- or CDL-holder specified in § 383.71(b)(9) and proof of (2) Exception: A State is only required is suspected, but has not been State of domicile specified in to perform the Social Security Number convicted, of fraud related to the § 383.71(b)(10). verification specified in this paragraph issuance of his or her CLP or CDL, the (e) License upgrades. Prior to issuing for initial issuance of a CLP, transfer of State must require the driver to be re- an upgrade of a CDL, a State must: CDL from another State or for drivers tested within 30 days both for (1) Require such driver applicant to renewing a CDL for the first time after knowledge and skills. The driver’s CLP provide certifications, pass tests, and [effective date of final rulemaking] who or CDL must be withdrawn after 30 days meet applicable hazardous materials have not previously had their Social pending the results of re-testing. standards specified in § 383.71(e); Security Number information verified, (l) Reciprocity. A State must allow (2) Complete a check of the driver provided a notation is made on the any person who has a valid CLP, CDL, applicant’s record as described in driver’s record confirming that the Nonresident CLP, or Nonresident CDL paragraph (b)(3) of this section; verification required by this paragraph and who is not disqualified from (3) If not previously done, complete has been made and noting the date it operating a CMV, to operate a CMV in the Social Security Number verification was done. the State. required by paragraph (g) of this section; (h) License issuance. After the State (m) Document verification. The State and has completed the procedures described must require at least two persons within (4) Require the driver applicant to in paragraphs (a) through (g) of this the driver licensing agency to check and surrender his/her previous CDL. section, it may issue a CLP or CDL to the verify all documents involved in the (5) Require compliance with the driver applicant. The State must: licensing process for the initial standards for providing proof of (1) Mail the initial CLP or CDL to the issuance, renewal, upgrade, or transfer citizenship or immigration status address provided on the application of a CLP or CDL. The documents being specified in § 383.71(b)(9) and proof of form; and checked and verified must include, at a State of domicile specified in (2) Notify the operator of the CDLIS of minimum, those provided by the § 383.71(b)(10). such issuance, transfer, renewal, or applicant to prove legal presence and (f) Nonresident CDL. (1) A State may upgrade within the 10-day period domicile, the information filled out on only issue a Nonresident CDL to a beginning on the date of license the application form, and knowledge person who meets one of the issuance. and skills test scores. circumstances described in (i) Surrender procedure. A State may (n) Computer system controls. The § 383.71(f)(1). return a surrendered license to a driver State must establish computer system (2) State procedures for the issuance after physically marking it so that it controls that would: of a nonresident CDL, for any cannot be mistaken for a valid (1) Prevent the issuance of an initial, modifications thereto, and for document. Simply punching a hole in renewed, upgraded, or transferred CLP notifications to the CDLIS must at a the expiration date of the document is or CDL when the results of transactions minimum be identical to those insufficient. A document perforated indicate the applicant is unqualified. pertaining to any other CDL, with the with the word ‘‘VOID’’ is considered These controls, at a minimum, must be following exceptions: invalidated. established for the following (i) If the applicant is requesting a (j) Penalties for false information. If a transactions: State, CDLIS, and PDPS transfer of his/her Nonresident CDL, the State determines, in its check of an driver record checks; Social Security State must obtain the Nonresident CDL applicant’s license status and record Number verification; and knowledge currently held by the applicant and prior to issuing a CLP or CDL, or at any and skills test scores verification. issued by another State; time after the CLP or CDL is issued, that (2) Ensure that only supervisory level (ii) The State must add the word the applicant has falsified information personnel may continue the issuance ‘‘Nonresident’’ to the face of the CDL, in contained in subpart J of this part or any process whenever State, CDLIS, and/or accordance with § 383.153(b); and of the certifications required in PDPS driver record checks return (iii) The State must have established, § 383.71(b), the State must at a suspect results. The supervisor must prior to issuing any Nonresident CDL, minimum suspend, cancel, or revoke ensure these results are not connected to

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a violation of any State or local law (iii) Allow the State to do any of the State driver licensing agency through relating to motor vehicle traffic control following: secure electronic means when a driver (other than a parking violation). In (A) Have State employees covertly applicant passes skills tests addition, both the name of the person take the tests administered by the third administered by the third party tester. authorizing the issuance and the party as if the State employee were a (c) Minimum number of tests justification for the authorization must test applicant; conducted. (1) The State must cancel be documented by the State. (B) Have State employees co-score the third party agreement of any third 11. Revise § 383.75 to read as follows: along with the third party examiner party tester that does not conduct at during CDL skills tests to compare pass/ least 50 skills test examinations per § 383.75 Third party testing. fail results; or calendar year. (a) Third party tests. A State may (C) Have the State re-test a sample of (2) The State must revoke the skills authorize a third-party tester to drivers who were examined by the third testing certification of any examiner administer the skills tests as specified in party; who does not conduct at least 10 skills subparts G and H of this part, if the (iv) Reserve unto the State the right to test examinations per calendar year. following conditions are met: take prompt and appropriate remedial (1) The tests given by the third party action against a third-party tester that § 383.77 [Removed] are the same as those which would fails to comply with State or Federal 12. Remove § 383.77. otherwise be given by the State using standards for the CDL testing program, 13. Add new § 383.79 to read as the same version of the skills tests, the or with any other terms of the third- follows: same written instructions for test party contract; applicants, and the same scoring sheets (v) Require the third party tester to § 383.79 Skills testing of out-of-State students. as those prescribed in subparts G and H initiate and maintain a bond in an of this part; amount determined by the State to be (a) A State may administer its skills (2) The State must conduct an on-site sufficient to pay for re-testing drivers in test, in accordance with subparts F, G, inspection of each third party test site the event that the third party or one or and H of this part, to a person who has at least annually, with focus on more of its examiners is involved in taken training in that State and is to be examiners with unusually high or low fraudulent activities related to licensed in another United States pass or fail rates; conducting skills testing for applicants jurisdiction (i.e., his/her State of (3) The State must issue the third for a CDL. domicile). Such test results must be party tester a CDL skills testing (vi) Require the third party tester to transmitted electronically directly from certificate upon the execution of a third use only CDL skills examiners who have the testing State to the licensing State in party skills testing agreement. successfully completed a formal CDL an efficient and secure manner. (4) The State must issue each third skills test examiner training course as (b) The State of domicile of a CDL party CDL skills test examiner a skills prescribed by the State and have been applicant must accept the results of a testing certificate upon successful certified by the State as a CDL skills skills test administered to the applicant completion of a formal skills test examiner qualified to administer CDL by any other State, in accordance with examiner training course prescribed by skills tests; subparts F, G, and H of this part, in the State; (vii) Require the third party tester to fulfillment of the applicant’s testing (5) The State must, at least on an use designated road test routes that have requirements under § 383.71, and the annual basis, do one of the following for been approved by the State; State’s test administration requirements each third party examiner: (viii) Require the third party tester to under § 383.73. (i) Have State employees covertly take submit a weekly schedule of CDL skills 14. Amend § 383.93 by revising the tests administered by the third party testing appointments to the State no paragraph (a) to read as follows: as if the State employee were a test later than the last business day of the § 383.93 Endorsements. applicant; prior week; and (ii) Have State employees co-score (ix) Require the third party tester to (a) General. (1) In addition to passing along with the third party examiner maintain copies of the following records the knowledge and skills tests described during CDL skills tests to compare pass/ at its principal place of business: in subpart G of this part, all persons fail results; or (A) A copy of the State certificate who operate or expect to operate the (iii) Re-test a sample of drivers who authorizing the third party tester to type(s) of motor vehicles described in were examined by the third party to administer a CDL skills testing program paragraph (b) of this section must pass compare pass/fail results; for the classes and types of commercial specialized tests to obtain each (6) The State must take prompt and motor vehicles listed; endorsement. The State shall issue CDL appropriate remedial action against a (B) A copy of each third party endorsements only to drivers who third-party tester that fails to comply examiner’s State certificate authorizing successfully complete the tests. with State or Federal standards for the the third party examiner to administer (2) The only endorsement allowed on CDL testing program, or with any other CDL skills tests for the classes and types a CLP is a Passenger endorsement. terms of the third-party contract; and of commercial motor vehicles listed; (3) The State must use the codes listed (7) The State has an agreement with (C) A copy of the current third party in § 383.153 when placing the third party containing, at a agreement; endorsements on a CLP or CDL. minimum, provisions that: (D) A copy of each completed CDL * * * * * (i) Allow the FMCSA, or its skills test scoring sheet for the current 15. Revise § 383.95 to read as follows: representative, and the State to conduct year and the past two calendar years; random examinations, inspections, and (E) A copy of the third party tester’s § 383.95 Restrictions. audits of its records, facilities, and State-approved road test route(s); and (a) Air brake. (1) If an applicant either operations without prior notice; (F) A copy of each third party fails the air brake component of the (ii) Require that all third party examiner’s training record. knowledge test, or performs the skills examiners meet the qualification and (b) Proof of testing by a third party. test in a vehicle not equipped with air training standards of § 384.228; The third party tester must notify the brakes, the State must indicate on the

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CLP or CDL, if issued, that the person 16. Revise § 383.110 to read as procedures for common transmissions, is restricted from operating a CMV follows: including: equipped with air brakes. (i) Key elements of shifting, e.g., (2) For the purposes of the skills test § 383.110 General requirement. controls, when to shift, and double and the restriction, air brakes include All drivers of commercial motor clutching; any braking system operating fully or vehicles (CMVs) must have knowledge (ii) Shift patterns and procedures; and partially on the air brake principle. and skills necessary to operate a CMV (iii) Consequences of improper (b) Full air brake. (1) If an applicant safely as contained in this subpart. The shifting. performs the skills test in a vehicle specific types of items, which a State (6) Backing. The procedures and rules equipped with air over hydraulic must include in the knowledge and for various backing maneuvers, brakes, the State must indicate on the skills tests that it administers to CDL including: CDL, if issued, that the person is applicants, are included in this subpart. (i) Backing principles and rules; and restricted from operating a CMV 17. Revise § 383.111 to read as (ii) Basic backing maneuvers, e.g., equipped with any braking system follows: straight-line backing, and backing on a operating fully on the air brake curved path. § 383.111 Required knowledge. principle. (7) Visual search. The importance of (2) For the purposes of the skills test (a) All CMV operators must have proper visual search, and proper visual and the restriction, air over hydraulic knowledge of the following 20 general search methods, including: brakes includes any braking system areas: (i) Seeing ahead and to the sides; operating partially on the air brake and (1) Safe operations regulations. (ii) Use of mirrors; and partially on the hydraulic brake Driver-related elements of the (iii) Seeing to the rear. principle. regulations contained in parts 391, 392, (8) Communication. The principles (c) Manual transmission. (1) If an 393, 395, 396, and 397 of this and procedures for proper applicant performs the skills test in a subchapter, such as: communications and the hazards of vehicle equipped with an automatic (i) Motor vehicle inspection, repair, failure to signal properly, including: transmission, the State must indicate on and maintenance requirements; (i) Signaling intent, e.g., signaling the CDL, if issued, that the person is (ii) Procedures for safe vehicle when changing direction in traffic; restricted from operating a CMV operations; (ii) Communicating presence, e.g., equipped with a manual transmission. (iii) The effects of fatigue, poor vision, using horn or lights to signal presence; (2) For the purposes of the skills test hearing, and general health upon safe and and the restriction, an automatic commercial motor vehicle operation; (iii) Misuse of communications. transmission includes any transmission (iv) The types of motor vehicles and (9) Speed management. The not operating fully on the gear shift and cargoes subject to the requirements importance of understanding the effects clutch principle. contained in part 397 of this subchapter; of speed, including: (d) Tractor-trailer. If an applicant and (i) Speed and stopping distance; performs the skills test in a combination (v) The effects of alcohol and drug use (ii) Speed and surface conditions; vehicle for a Group A CDL with the upon safe commercial motor vehicle (iii) Speed and the shape of the road; power unit and towed unit connected operations. (iv) Speed and visibility; and with a pintle hook or other non-fifth (2) CMV safety control systems. (i) (v) Speed and traffic flow. wheel connection, the State must Proper use of the motor vehicle’s safety (10) Space management. The indicate on the CDL, if issued, that the system, including lights, horns, side and procedures and techniques for person is restricted from operating a rear-view mirrors, proper mirror controlling the space around the tractor-trailer combination connected by adjustments, fire extinguishers, vehicle, including: a fifth wheel that requires a Group A symptoms of improper operation (i) The importance of space CDL. revealed through instruments, motor management; (e) Group A passenger vehicle. If an vehicle operation characteristics, and (ii) Space cushions, e.g., controlling applicant applying for a passenger diagnosing malfunctions. space ahead/to the rear; endorsement performs the skills test in (ii) CMV drivers must have (iii) Space to the sides; and a passenger vehicle requiring a Group B knowledge of the correct procedures (iv) Space for traffic gaps. CDL, the State must indicate on the needed to use these safety systems in an (11) Night operation. Preparations and CDL, if issued, that the person is emergency situation, e.g., skids and loss procedures for night driving, including: restricted from operating a passenger of brakes. (i) Night driving factors, e.g., driver vehicle requiring a Group A CDL. (3) Safe vehicle control systems. The factors (vision, glare, fatigue, (f) Group A and B passenger vehicle. purpose and function of the controls inexperience); If an applicant applying for a passenger and instruments commonly found on (ii) Roadway factors (low endorsement performs the skills test in CMVs. illumination, variation in illumination, a passenger vehicle requiring a Group C (4) Basic control. The proper unfamiliarity with roads, other road CDL, the State must indicate on the procedures for performing various basic users, especially drivers exhibiting CDL, if issued, that the person is maneuvers, including: erratic or improper driving); and restricted from operating a passenger (i) Starting, warming up, and shutting (iii) Vehicle factors (headlights, vehicle requiring a Group A or B CDL. down the engine; auxiliary lights, turn signals, (g) CLP Passenger Vehicle. If an (ii) Putting the vehicle in motion and windshields and mirrors). applicant is applying for a passenger stopping; (12) Extreme driving conditions. The endorsement on a CLP, the State must (iii) Backing in a straight line; and basic information on operating in indicate on the CLP, if issued, that the (iv) Turning the vehicle, e.g., basic extreme driving conditions and the person is restricted from operating a rules, off tracking, right/left turns and hazards encountered in such conditions, passenger vehicle carrying passengers, right curves. including: except for the CDL holder who is (5) Shifting. The basic shifting rules (i) Bad weather, e.g., snow, ice, sleet, required to accompany the CLP holder. and terms, as well as shift patterns and high wind;

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(ii) Hot weather; and (20) Fatigue and awareness. Practices following basic pre-trip vehicle (iii) Mountain driving. that are important to staying alert and inspection skills for the vehicle class (13) Hazard perceptions. The basic safe while driving, including; that the driver operates or expects to information on hazard perception and (i) Being prepared to drive; operate: clues for recognition of hazards, (ii) What to do when driving; (1) All test vehicles. Applicants must including: (iii) What to do when sleepy while be able to identify each safety-related (i) Road characteristics; and driving; and part on the vehicle and explain what (ii) Road user activities. (iv) Becoming ill while driving. needs to be inspected to make sure the (14) Emergency maneuvers. The basic (b) Air brakes. All CMV drivers part is in a safe condition, including: information concerning when and how operating vehicles equipped with air (i) Engine compartment; to make emergency maneuvers, brakes must have knowledge of the (ii) Cab/engine start; including: following 7 areas: (iii) Steering; (i) Evasive steering; (1) General air brake system (iv) Suspension; (ii) Emergency stop; nomenclature; (v) Brakes; (iii) Off road recovery; (2) The dangers of contaminated air (vi) Wheels; (vii) Side of vehicle; (iv) Brake failure; and supply (dirt, moisture, and oil); (viii) Rear of vehicle; and (v) Blowouts. (3) Implications of severed or (15) Skid control and recovery. The (ix) Special features of tractor trailer, disconnected air lines between the school bus, or coach/transit bus, if this information on the causes and major power unit and the trailer(s); types of skids, as well as the procedures type of vehicle is being used for the test. (4) Implications of low air pressure (2) Air brake equipped test vehicles. for recovering from skids. readings; Applicants must demonstrate the (16) Relationship of cargo to vehicle (5) Procedures to conduct safe and following skills with respect to control. The principles and procedures accurate pre-trip inspections, including inspection and operation of air brakes: for the proper handling of cargo, knowledge about: (i) Locate and verbally identify air including: (i) Automatic fail-safe devices; brake operating controls and monitoring (i) Consequences of improperly (ii) System monitoring devices; and devices; secured cargo, drivers’ responsibilities, (iii) Low pressure warning alarms. (ii) Determine the motor vehicle’s and Federal/State and local regulations; (6) Procedures for conducting en route brake system condition for proper (ii) Principles of weight distribution; and post-trip inspections of air actuated adjustments and that air system and brake systems, including: connections between motor vehicles (iii) Principles and methods of cargo (i) Ability to detect defects which may have been properly made and secured; securement. cause the system to fail; (iii) Inspect the low pressure warning (17) Vehicle inspections. The (ii) Tests that indicate the amount of device(s) to ensure that they will objectives and proper procedures for air loss from the braking system within activate in emergency situations; performing vehicle safety inspections, a specified period, with and without the (iv) With the engine running, make as follows: engine running; and sure that the system maintains an (i) The importance of periodic (iii) Tests that indicate the pressure adequate supply of compressed air; inspection and repair to vehicle safety. levels at which the low air pressure (v) Determine that required minimum (ii) The effect of undiscovered warning devices and the tractor air pressure build up time is within malfunctions upon safety. protection valve should activate. acceptable limits and that required (iii) What safety-related parts to look (7) General operating practices and alarms and emergency devices for when inspecting vehicles, e.g., fluid procedures, including: automatically deactivate at the proper leaks, interference with visibility, bad (i) Proper braking techniques; pressure level; and tires, wheel and rim defects, braking (ii) Antilock brakes; (vi) Operationally check the brake system defects, steering system defects, (iii) Emergency stops; and system for proper performance. suspension system defects, exhaust (iv) Parking brake. (b) Basic vehicle control skills. All system defects, coupling system defects, (c) Combination vehicles. All CMV applicants for a CDL must possess and and cargo problems. drivers operating combination vehicles demonstrate the following basic motor (iv) Pre-trip/en route/post-trip must have knowledge of the following 3 vehicle control skills for the vehicle inspection procedures. areas: class that the driver operates or expects (v) Reporting findings. (1) Coupling and uncoupling—The to operate: (18) Hazardous materials. Knowledge procedures for proper coupling and (1) Ability to start, warm up, and shut of the following: uncoupling a tractor to a semi-trailer; down the engine; (i) What constitutes hazardous (2) Vehicle inspection—The (2) Ability to put the motor vehicle in material requiring an endorsement to objectives and proper procedures that motion and accelerate smoothly, transport; are unique for performing vehicle safety forward and backward; (ii) Classes of hazardous materials; inspections on combination vehicles; (3) Ability to bring the motor vehicle (iii) Labeling/placarding and to a smooth stop; requirements; and (3) General operating practices and (4) Ability to back the motor vehicle (iv) Need for specialized training as a procedures, including: in a straight line, and check path and prerequisite to receiving the (i) Safely operating combination clearance while backing; endorsement and transporting vehicles; and (5) Ability to position the motor hazardous cargoes. (ii) Air brakes. vehicle to negotiate and then make left (19) Mountain driving. Practices that 18. Revise § 383.113 to read as and right turns; are important when driving upgrade and follows: (6) Ability to shift as required and downgrade, including: select appropriate gear for speed and (i) Selecting a safe speed; § 383.113 Required skills. highway conditions; and (ii) Selecting the right gear; and (a) Pre-trip vehicle inspection skills. (7) Ability to back along a curved (iii) Proper braking techniques. Applicants for a CDL must possess the path.

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(c) Safe on-road driving skills. All on freeways, splash and spray impacts, § 383.121 Requirements for hazardous applicants for a CDL must possess and aerodynamic buffeting, view blockages, materials endorsement. demonstrate the following safe on-road and lateral placement; and In order to obtain a hazardous driving skills for their vehicle class: (e) Operating practices and material endorsement each applicant (1) Ability to use proper visual search procedures not otherwise specified. must have such knowledge as is methods; 20. Revise § 383.117 to read as required of a driver of a hazardous (2) Ability to signal appropriately follows: materials laden vehicle, from when changing direction in traffic; information contained in 49 CFR parts (3) Ability to adjust speed to the § 383.117 Requirements for passenger 171, 172, 173, 177, 178, and 397 on the configuration and condition of the endorsement. following: roadway, weather and visibility An applicant for the passenger (a) Hazardous materials regulations conditions, traffic conditions, and motor endorsement must satisfy both of the including: vehicles, cargo and driver conditions; following additional knowledge and (1) Hazardous materials table; (4) Ability to choose a safe gap for skills test requirements. (2) Shipping paper requirements; changing lanes, passing other vehicles, (a) Knowledge test. All applicants for (3) Marking; as well as for crossing or entering traffic; the passenger endorsement must have (4) Labeling; (5) Ability to position the motor knowledge covering the following (5) Placarding requirements; (6) Hazardous materials packaging; vehicle correctly before and during a topics: (7) Hazardous materials definitions turn to prevent other vehicles from (1) Proper procedures for loading/ and preparation; passing on the wrong side as well as to unloading passengers; (8) Other regulated material (e.g., prevent problems caused by off- (2) Proper use of emergency exits, ORM–D); tracking; including push-out windows; (9) Reporting hazardous materials (6) Ability to maintain a safe (3) Proper responses to such accidents; and following distance depending on the emergency situations as fires and unruly (10) Tunnels and railroad crossings. condition of the road, on visibility, and passengers; (b) Hazardous materials handling on vehicle weight; (4) Proper procedures at railroad- including: (7) Ability to adjust operation of the highway grade crossings and (1) Forbidden materials and packages; motor vehicle to prevailing weather drawbridges; (2) Loading and unloading materials; conditions including speed selection, (5) Proper braking procedures; and (3) Cargo segregation; braking, direction changes, and (6) Operating practices and (4) Passenger carrying buses and following distance to maintain control; procedures not otherwise specified. hazardous materials; (5) Attendance of motor vehicles; and (b) Skills test. To obtain a passenger (6) Parking; (8) Ability to observe the road and the endorsement applicable to a specific behavior of other motor vehicles, (7) Routes; vehicle class, an applicant must take (8) Cargo tanks; and particularly before changing speed and his/her skills test in a passenger vehicle direction. (9) ‘‘Safe havens.’’ satisfying the requirements of that (c) Operation of emergency equipment (d) Test area. Skills tests shall be vehicle group as defined in § 383.91. conducted in on-street conditions or including: 21. Revise § 383.119 to read as under a combination of on-street and (1) Use of equipment to protect the follows: off-street conditions. public; (2) Special precautions for equipment (e) Simulation technology. A State § 383.119 Requirements for tank vehicle to be used in fires; endorsement. may utilize simulators to perform skills (3) Special precautions for use of testing, but under no circumstances as In order to obtain a tank vehicle emergency equipment when loading or a substitute for the required testing in endorsement, each applicant must have unloading a hazardous materials laden on-street conditions. knowledge covering the following: motor vehicle; and 19. Revise § 383.115 to read as (a) Causes, prevention, and effects of (4) Use of emergency equipment for follows: cargo surge on motor vehicle handling; tank vehicles. § 383.115 Requirements for double/triple (b) Proper braking procedures for the (d) Emergency response procedures trailers endorsement. motor vehicle when it is empty, full, including: In order to obtain a double/triple and partially full; (1) Special care and precautions for trailers endorsement each applicant (c) Differences in handling of baffled/ different types of accidents; (2) Special precautions for driving must have knowledge covering: compartmental tank interiors versus (a) Procedures for assembly and non-baffled motor vehicles; near a fire and carrying hazardous hookup of the units; (d) Differences in tank vehicle type materials, and smoking and carrying (b) Proper placement of heaviest and construction; hazardous materials; (e) Differences in cargo surge for (3) Emergency procedures; and trailer; (4) Existence of special requirements (c) Handling and stability liquids of varying product densities; for transporting Class A and B characteristics including off-tracking, (f) Effects of road grade and curvature explosives. response to steering, sensory feedback, on motor vehicle handling with filled, half-filled, and empty tanks; (e) Operating practices and braking, oscillatory sway, rollover in procedures not otherwise specified. (g) Proper use of emergency systems; steady turns, and yaw stability in steady 23. Revise § 383.123 to read as turns; (h) For drivers of DOT specification follows: (d) Potential problems in traffic tank vehicles, retest and marking operations, including problems the requirements; and § 383.123 Requirements for a school bus motor vehicle creates for other motorists (i) Operating practices and procedures endorsement. due to slower speeds on steep grades, not otherwise specified. (a) An applicant for the school bus longer passing times, possibility for 22. Revise § 383.121 to read as endorsement must satisfy the following blocking entry of other motor vehicles follows: three requirements:

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(1) Qualify for passenger vehicle different vehicle groups and ‘‘2005 Test Item Summary Forms’’ endorsement. Pass the knowledge and endorsements; and (Incorporated by reference, see § 383.9) skills test for obtaining a passenger (v) Details of testing procedures, to develop knowledge tests for each vehicle endorsement. including the purpose of the tests, how vehicle group and endorsement. (2) Knowledge test. Must have to respond, and directions for taking the (2) Each version of the knowledge test knowledge covering the following tests. must conform to the requirements in the topics: (2) A State may include any December 2005 edition of AAMVA’s (i) Loading and unloading children, additional State-specific information ‘‘2005 Requirements Document For Use including the safe operation of stop related to the CDL testing and licensing In Developing Computer-Generated signal devices, external mirror systems, process. Multiple-Choice CDL Knowledge Tests’’ flashing lights, and other warning and (b) Examiner information manual. (1) (Incorporated by reference, see § 383.9). passenger safety devices required for A State must provide to all knowledge These requirements include: school buses by State or Federal law or and skills test examiners a copy of the (i) The total difficulty level of the regulation. examiner information manual that questions used in each version of a test (ii) Emergency exits and procedures conforms to the requirements in the must fall within a set range; for safely evacuating passengers in an December 2005 edition of AAMVA’s (ii) Twenty-five percent of the emergency. ‘‘Model CDL Examiner’s Manual’’ questions on a test must be new (iii) State and Federal laws and (Incorporated by reference, see § 383.9). questions that were not contained in the regulations related to safely traversing These requirements include: previous version of the test; railroad-highway grade crossings; and (i) Information on driver application (iii) Identical questions from the (iv) Operating practices and procedures contained in § 383.71, State previous version of the test must be in procedures not otherwise specified. procedures described in § 383.73, and a different location on the test and the (3) Skills test. Must take a driving other appropriate driver information three possible responses to the skills test in a school bus of the same contained in subpart E of this part; questions must be in a different order; vehicle group (see § 383.91(a)) as the (ii) Details on information which must and school bus applicant will drive. be given to the applicant; (iv) Each test must contain a set (b) Exception. Knowledge and skills (iii) Details on how to conduct the number of questions with a prescribed tests administered before September 30, knowledge and skills tests; number of questions from each of the 2002 and approved by FMCSA as (iv) Scoring procedures and minimum knowledge areas. meeting the requirements of this passing scores for the knowledge and (3) Each knowledge test must be valid section, meet the requirements of skills tests; and reliable so as to assure that driver paragraphs (a)(2) and (a)(3) of this (v) Information for selecting driving applicants possess the knowledge section. test routes for the skills tests; required under § 383.111. The (vi) List of the skills to be tested; knowledge tests may be administered in Appendix to Subpart G [Removed] (vii) Instructions on where and how written form, verbally, or in automated 24. Remove the appendix to subpart G the skills will be tested; format and can be administered in a of part 383. (viii) How performance of the skills foreign language, provided no 25. Revise § 383.131 to read as will be scored; interpreter is used in administering the follows: (ix) Causes for automatic failure of test. skills tests; (4) A State must use a different § 383.131 Test manuals. (x) Standardized scoring sheets for the version of the test when an applicant (a) Driver information manual. (1) A skills tests; and retakes a previously failed test. State must provide to a CLP or CDL (xi) Standardized driving instructions (c) Skills tests: (1) A State must applicant a copy of the driver for the applicants. develop, administer and score the skills information manual that conforms to the (2) A State may include any tests based solely on the information requirements in the December 2005 additional State-specific information and standards contained in the driver edition of the American Association of related to the CDL testing process. and examiner manuals referred to in Motor Vehicle Administrators’ (c) State recordkeeping. States must § 383.131(a) and (b). (AAMVA’s) ‘‘Model Commercial Driver record and retain the knowledge and (2) A State must use the standardized Manual’’ (Incorporated by reference, see skills test scores of tests taken by driver scores and instructions for § 383.9). These requirements include: applicants. The test scores must either administering the tests contained in the (i) Information on how to obtain a be made part of the driver history record examiner manual referred to in CDL and endorsements; or be linked to the driver history record § 383.131(b). (ii) Information on the requirements in a separate file. (3) An applicant must complete the described in § 383.71, the implied 26. Revise § 383.133 to read as skills tests in a representative vehicle to consent to alcohol testing described in follows: ensure that the applicant possess the § 383.72, the procedures and penalties, skills required under § 383.113. In contained in § 383.51(b) to which a CLP § 383.133 Test methods. determining whether the vehicle is a or CDL holder is exposed for refusal to (a) All tests must be constructed in representative vehicle for the skills test comply with such alcohol testing, State such a way as to determine if the and the group of CDL the applicant is procedures described in § 383.73, and applicant possesses the required applying for, the vehicle’s gross vehicle other appropriate driver information knowledge and skills contained in weight rating or gross combination contained in subpart E of this part; subpart G of this part for the type of weight rating must be used, not the (iii) Information on vehicle groups motor vehicle or endorsement the vehicle’s actual gross vehicle weight or and endorsements as specified in applicant wishes to obtain. gross combination weight. subpart F of this part; (b) Knowledge tests: (1) States must (4) Skills tests must be conducted in (iv) The substance of the knowledge use the pool of test questions that on-street conditions or under a and skills which drivers must have as conform to the requirements in the combination of on-street and off-street outlined in subpart G of this part for the December 2005 edition of AAMVA’s conditions.

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(5) Interpreters are prohibited during indicated on the license as required in licensing State of the person to whom the administration of skills tests. § 383.95(b). such license is issued. Applicants must be able to understand (5) If a driver applicant who performs (3) Physical and other information to and respond to verbal commands and the skills test in a vehicle equipped with identify and describe such person instructions in English by a skills test an automatic transmission is issued a including date of birth (month, day, and examiner. CDL, a manual transmission restriction year), sex, and height. (6) The pre-trip inspection and the must be indicated on the license as (4) Color photograph or digitized basic vehicle control tests must be required in § 383.95(c). color image of the driver. The State may administered prior to the on-road (6) If a driver applicant who performs issue a temporary CDL without a photo portion of the skills test. If an applicant the skills test in a combination vehicle or image, if it is valid for no more than fails one of these tests, the applicant can requiring a Group A CDL equipped with 60 days. not continue to the next skills test. An any non-fifth wheel connection is (5) The driver’s State license number. applicant who has failed a skills test issued a CDL, a tractor-trailer restriction (6) The name of the State which must retake all three tests. must be indicated on the license as issued the license. (d) A State may utilize simulators to required in § 383.95(d). (7) The date of issuance and the date perform skills testing, except that (7) If a driver applicant wants to of expiration of the license. simulator testing may not be substituted remove any of the restrictions in (8) The group or groups of commercial for the required testing in on-street paragraphs (b)(3) through (b)(5) of this motor vehicle(s) that the driver is conditions. section, the applicant does not have to authorized to operate, indicated as (e) Passing scores for the knowledge retake the complete set of skills tests. follows: and skills tests must meet those The State may administer a modified set (i) A for Combination Vehicle; standards contained in § 383.135. of skills tests that demonstrates that the (ii) B for Heavy Straight Vehicle; and 27. Revise § 383.135 to read as applicant can safely and effectively (iii) C for Small Vehicle. follows: operate the vehicle’s full air brakes, air (9) The endorsement(s) for which the over hydraulic brakes, and/or manual driver has qualified, if any, indicated as § 383.135 Passing knowledge and skills follows: tests. transmission. In addition, to remove the air brake or full air brake restriction, the (i) T for double/triple trailers; (a) Knowledge tests. (1) To achieve a applicant must also successfully (ii) P for passenger; passing score on each of the knowledge perform the air brake pre-trip inspection (iii) N for tank vehicle; tests, a driver applicant must correctly and pass the air brake knowledge test. (iv) H for hazardous materials; answer at least 80 percent of the (8) If a driver applicant wants to (v) X for a combination of tank vehicle questions. and hazardous materials endorsements; (2) If a driver applicant who fails the remove the tractor-trailer restriction in paragraph (b)(6) of this section, the (vi) S for school bus; and air brake knowledge test (scores less (vii) At the discretion of the State, applicant must retake all three skills than 80 percent correct) is issued a CLP additional codes for additional tests in a representative tractor-trailer. or CDL, an air brake restriction must be groupings of endorsements, as long as indicated on the license as required in Subpart J—[Amended] each such discretionary code is fully § 383.95(a). explained on the front or back of the (3) A driver applicant who fails the 28. Revise the heading for subpart J to CDL document. combination vehicle knowledge test read as follows: (10) The restriction(s) placed on the (scores less than 80 percent correct) driver from operating certain equipment must not be issued a Group A CLP or Subpart J—Commercial Learner’s or vehicles, if any, indicated as follows: CDL. Permit and Commercial Driver’s (i) L for Air brake. (b) Skills Tests. (1) To achieve a License Documents (ii) Z for Full air brake. passing score on each of the three skills 29. Revise § 383.151 to read as (iii) E for Manual transmission. tests, the driver applicant must follows: (iv) O for Tractor-trailer. demonstrate that he/she can (v) M for Group A passenger vehicle. successfully perform all of the skills § 383.151 General. (vi) N for Group A and B passenger listed in § 383.113 and attain the scores (a) The CDL must be a document that vehicle. listed in Appendix A of the examiner is easy to recognize as a CDL. (vii) K for Intrastate only. manual referred to in § 383.131(b) for (b) The CLP must be a separate (viii) Y for a driver who operates or the type of vehicle being used in the document from the CDL or non-CDL. expects to operate in interstate test. (c) At a minimum, the CDL and the commerce, but is not subject to part 391 (2) A driver applicant who does not CLP must contain the information of this subchapter due to an exception obey traffic laws, causes an accident specified in § 383.153. under § 390.3(f) of this subchapter or an during the test, or commits any other 30. Revise § 383.153 to read as exemption under § 391.2. offense listed as an automatic failure in follows: (ix) At the discretion of the State, AAMVA’s ‘‘2005 CDL Test System’’ additional codes for additional must automatically fail the test. § 383.153 Information on the CLP and CDL restrictions, as long as each such (3) If a driver applicant who performs documents and applications. restriction code is fully explained on the the skills test in a vehicle not equipped (a) Commercial Driver’s License. All front or back of the CDL document. with any type of air brake system is CDLs must contain all of the following (b) Commercial Learner’s Permit. All issued a CDL, an air brake restriction information: CLPs must contain all of the following must be indicated on the license as (1) The prominent statement that the information: required in § 383.95(a). license is a ‘‘Commercial Driver’s (1) The prominent statement that the (4) If a driver applicant who performs License’’ or ‘‘CDL,’’ except as specified permit is a ‘‘Commercial Learner’s the skills test in a vehicle equipped with in paragraph (c) of this section. Permit’’ or ‘‘CLP,’’ except as specified in air over hydraulic brakes is issued a (2) The full name, signature, and paragraph (c) of this section, and that it CDL, a full air brake restriction must be mailing or residential address in the is invalid unless accompanied by the

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underlying driver’s license issued by the (2) The multipart license document any other State in the course of same jurisdiction. includes all of the data elements enforcement of the motor vehicle traffic (2) The full name, signature, and specified in this section. code, but who has not been convicted of mailing or residential address in the (g) CLP Passenger Vehicle. If an a disqualifying offense under § 383.51 of permitting State of the person to whom applicant is applying for a passenger this subchapter based on such the permit is issued. endorsement on a CLP, the State must enforcement, to drive a CMV while (3) Physical and other information to indicate on the CLP, if issued, that the holding a dated receipt for such CLP or identify and describe such person person is restricted from operating a CDL. including date of birth (month, day, and passenger vehicle carrying passengers, 35. Revise § 384.205 to read as year), sex, and height. except for the CDL holder who is follows: (4) Color photograph or digitized required to accompany the CLP holder. § 384.205 CDLIS information. color image of the driver. 31. Revise § 383.155 to read as (5) The driver’s State license number. follows: Before issuing a CLP or a CDL to any (6) The name of the State which person, the State must, within the § 383.155 Tamperproofing requirements. issued the permit. period of time specified in § 384.232, (7) The date of issuance and the date States must make the CLP or CDL perform the check of the Commercial of expiration of the permit. tamperproof to the maximum extent Driver’s License Information System (8) The group or groups of commercial practicable. At a minimum, a State must (CDLIS) in accordance with motor vehicle(s) that the driver is use the same tamperproof method used § 383.73(b)(3)(ii) of this subchapter, and, authorized to operate, indicated as for noncommercial drivers’ licenses. based on that information, shall issue the license, or, in the case of adverse follows: PART 384—STATE COMPLIANCE (i) A for Combination Vehicle; information, promptly implement the WITH COMMERCIAL DRIVER’S disqualifications, licensing limitations, (ii) B for Heavy Straight Vehicle; and LICENSE PROGRAM (iii) C for Small Vehicle. denials, and/or penalties that are called (9) The P (for passenger) endorsement, 32. The authority citation for part 384 for in any applicable section(s) of this if the driver has qualified for that continues to read as follows: subpart. endorsement. 36. Revise § 384.206 to read as Authority: 49 U.S.C. 31136, 31301 et seq., follows: (10) The P restriction placed on the 31502; sec. 103 of Pub. L. 106–159, 113 Stat. driver from carrying passengers, if the 1753, 1767; sec. 4140 of Pub. L. 109–59, 119 § 384.206 State record checks. driver has qualified for the passenger (P) Stat. 1144; and 49 CFR 1.73. (a) Issuing State’s records. (1) Before endorsement. 33. Amend § 384.105(b) by revising issuing a CLP or CDL to any person, the (11) Any additional jurisdictional the definition of issue and issuance to State must, within the period of time restrictions that apply to the CLP read as follows: specified in § 384.232, check its own driving privilege. * * * * * driving record for such person in (c) If the CLP or CDL is a Nonresident accordance with § 383.73(b)(3) of this CLP or CDL, it must contain the § 384.105 Definitions. subchapter. prominent statement that the license or * * * * * (2) Based on the findings of its own permit is a ‘‘Nonresident Commercial (b) * * * State record check, the State shall issue Driver’s License,’’ ‘‘Nonresident CDL,’’ Issue and issuance mean initial the license, or, in the case of adverse ‘‘Nonresident Commercial Learner’s issuance, transfer, renewal, or upgrade information, promptly implement the Permit,’’ or ‘‘Nonresident CLP,’’ as of a CLP or CDL and Nonresident CLP disqualifications, licensing limitations, appropriate. The word ‘‘Nonresident’’ or CDL, as described in § 383.73 of this denials, and/or penalties that are called must be conspicuously and subchapter. for in any applicable section(s) of this unmistakably displayed, but may be * * * * * subpart. noncontiguous with the words 34. Revise § 384.204 to read as (b) Other States’ records. (1) Before ‘‘Commercial Driver’s License,’’ ‘‘CDL,’’ follows: the initial or transfer issuance of a CLP ‘‘Commercial Learner’s Permit,’’ or or CDL to a person, and before renewing ‘‘CLP.’’ § 384.204 CLP or CDL issuance and or upgrading a CLP or CDL held by any (d) If the State has issued the information. person, the issuing State must: applicant an air brake restriction as (a) General rule. The State shall (i) Require the applicant to provide specified in § 383.95, that restriction authorize a person to operate a CMV the names of all States where the must be indicated on the CLP or CDL. only by issuance of a CLP or CDL, applicant has previously been licensed (e) Except in the case of a Nonresident unless an exception in § 383.3(c) or (d) to operate any type of motor vehicle CLP or CDL holder who is domiciled in applies, which contains, at a minimum, during the previous 10 years. a foreign jurisdiction: the information specified in part 383, (ii) Within the time period specified (1) A driver applicant must provide subpart J, of this subchapter. in § 384.232, request the complete his/her Social Security Number on the (b) Exceptions—(1) Training. The driving record from all States where the application of a CLP or CDL. State may authorize a person, who does applicant was licensed within the (2) The State must provide the Social not hold a CDL valid for the type of previous 10 years to operate any type of Security Number to the CDLIS. vehicle in which training occurs, to motor vehicle. (3) The State is not required to undergo behind-the-wheel training in a (2) States receiving a request for the include the Social Security Number on CMV only by means of a CLP issued and driving record of a person currently or the CLP or CDL. used in accordance with § 383.25 of this previously licensed by the State must (f) The State may issue a multipart subchapter. provide the information within 30 days. CDL provided— (2) Confiscation of CLP or CDL (3) Based on the findings of the other (1) Each document is explicitly tied to pending enforcement. A State may State record checks, the issuing State the other document(s) and to a single allow a CLP or CDL holder whose CLP must, in the case of adverse information, driver’s record. or CDL is held in trust by that State or promptly implement the

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disqualifications, licensing limitations, (c) Any type of driver’s license held 45. Revise § 384.220 to read as denials, and/or penalties that are called by such person is suspended, revoked, follows: for in any applicable section(s) of this or canceled by the State where the § 384.220 Problem Driver Pointer System subpart. driver is licensed for any State or local information. 37. Amend § 384.207 by revising the law related to motor vehicle traffic Before issuing a CLP or CDL to any introductory text and paragraph (a) to control (other than parking violations). person, the State must, within the read as follows: 41. Revise § 384.211 to read as follows: period of time specified in § 384.232, § 384.207 Notification of licensing. perform the check of the Problem Driver Within the period defined in § 384.211 Surrender of old licenses. Pointer System in accordance with § 383.73(h) of this subchapter, the State The State may not initially issue, § 383.73(b)(3)(iii) of this subchapter, must: upgrade, or transfer a CDL to a person and, based on that information, (a) Notify the operator of the CDLIS of unless such person first surrenders any promptly implement the each CLP or CDL issuance; previously issued driver’s license and disqualifications, licensing limitations, CLP. and/or penalties that are called for in * * * * * any applicable section(s) of this subpart. 38. Amend § 384.208 by revising 42. Revise § 384.212 to read as follows: 46. Amend § 384.225 by revising paragraph (a) to read as follows: paragraphs (a) and (b) to read as follows: § 384.212 Domicile requirement. § 384.208 Notification of disqualification. § 384.225 Record of violations. (a) No later than 10 days after (a) The State may issue CDLs or CLPs only to those persons for whom such * * * * * disqualifying a CLP or CDL holder (a) CLP or CDL holders. Record and State is the State of domicile as defined licensed by another State, or revoking, maintain as part of the driver history all in § 383.5 of this subchapter; except that suspending, or canceling an out-of-State convictions, disqualifications and other the State may issue a nonresident CLP CLP or CDL holder’s privilege to operate licensing actions for violations of any or CDL under the conditions specified a commercial motor vehicle for at least State or local law relating to motor in §§ 383.23(b), 383.71(f), and 383.73(f) 60 days, the State must notify the State vehicle traffic control (other than a of this subchapter. that issued the license of the parking violation) committed in any (b) The State must require any person disqualification, revocation, suspension, type of vehicle. holding a CLP or CDL issued by another or cancellation. (b) A person required to have a CLP State to apply for a transfer CLP or CDL or CDL. Record and maintain as part of * * * * * from the State within 30 days after the driver history all convictions, 39. Amend § 384.209 by revising establishing domicile in the State, as disqualifications and other licensing paragraph (a) to read as follows: specified in § 383.71(c) of this actions for violations of any State or subchapter. § 384.209 Notification of traffic violations. local law relating to motor vehicle 43. Revise § 384.214 to read as (a) Required notification with respect traffic control (other than a parking follows: to CLP or CDL holders. Whenever a violation) committed while the driver person who holds a CLP or CDL from § 384.214 Reciprocity. was operating a CMV. another State is convicted of a violation The State must allow any person to * * * * * of any State or local law relating to operate a CMV in the State who is not 47. Revise § 384.226 to read as motor vehicle traffic control (other than disqualified from operating a CMV and follows: a parking violation), in any type of who holds a CLP or CDL that is— vehicle, the licensing entity of the State § 384.226 Prohibition on masking (a) Issued to him or her by his or her convictions. in which the conviction occurs must State or jurisdiction of domicile in notify the licensing entity in the State The State must not mask, defer accordance with part 383 of this imposition of judgment, or allow an where the driver is licensed of this subchapter; conviction within the time period individual to enter into a diversion (b) Not suspended, revoked, or program that would prevent a CLP or established in paragraph (c) of this canceled; and section. CDL driver’s conviction for any (c) Valid, under the terms of part 383, violation, in any type of motor vehicle, * * * * * subpart F, of this subchapter, for the of a State or local traffic control law 40. Revise § 384.210 to read as type of vehicle being driven. (except a parking violation) from follows: 44. Revise § 384.217 to read as appearing on the driver’s record, follows: § 384.210 Limitation on licensing. whether the driver was convicted for an A State must not knowingly issue a § 384.217 Drug offenses. offense committed in the State where CLP, a CDL, or a commercial special The State must disqualify from the driver is licensed or another State. 48. Add § 384.227 to read as follows: license or permit (including a operating a CMV for life any person who provisional or temporary license) is convicted, as defined in § 383.5 of § 384.227 Record of digital color image or permitting a person to drive a CMV this subchapter, in any State or photograph. during a period in which: jurisdiction of a first offense of using a The State must: (a) A person is disqualified from CMV (or, in the case of a CDL holder, (a) Record the digital color image or operating a CMV, as disqualification is a non-CMV) in the commission of a photograph that is captured as part of defined in § 383.5 of this subchapter, or felony described in item (9) of Table 1 the application process and placed on under the provisions of § 383.73(j) or to § 383.51 of this subchapter. The State the licensing document of every person § 384.231(b)(2) of this subchapter; shall not apply the special rule in who is issued a CLP or CDL, as required (b) The CLP or CDL holder’s § 384.216(b) to lifetime disqualifications under § 383.153. The digital color image noncommercial driving privilege has imposed for controlled substance or photograph must either be made part been revoked, suspended, or canceled; felonies as detailed in item (9) of Table of the driver history or be linked to the or 1 to § 383.51 of this subchapter. driver history in a separate file.

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(b) Check the digital color image or (c) Require all third party skills test performed by State and third party CDL photograph on record whenever the CLP examiners to successfully complete a skills test examiners; or CDL is renewed, upgraded, or formal CDL test examiner training (c) Establish and maintain a database transferred and when a duplicate CLP or course and examination before to track pass/fail rates of applicants CDL is issued. certifying them to administer CDL skills tested by each State and third party CDL 49. Add § 384.228 to read as follows: tests. The training course must cover at skills test examiner, in order to focus least the six units of instruction in covert and overt monitoring on § 384.228 Examiner training and record paragraph (b) of this section. examiners who have unusually high checks. (d) Require State and third party CDL pass or failure rates; For all State and third party CDL test test examiners to successfully complete (d) Establish and maintain a database examiners, the State must meet the a refresher training course and of all third party testers and examiners, following 8 requirements: examination every four years to which at a minimum tracks the dates (a) Establish examiner training maintain their CDL test examiner and results of audits and monitoring standards for initial and refresher certification. The refresher training actions by the State, the dates third training that provides CDL test course must cover at least the following: party testers were certified by the State, examiners with a fundamental (1) The six units of training described and name and identification number understanding of the objectives of the in paragraph (b) of this section. each third party CDL skills test CDL testing program, and with all of the (2) Any State specific material and examiner; knowledge and skills necessary to serve information related to administering (e) Establish and maintain a database as a CDL test examiner and assist CDL knowledge and skills tests. of all State CDL skills examiners, which jurisdictions in meeting the Federal CDL (3) Any new Federal CDL regulations, at a minimum tracks the dates and testing requirements. updates to administering the tests, and results of monitoring action by the State, (b) Require all State knowledge and new safety related equipment on the and the name and identification number skills test examiners to successfully vehicles. of each State CDL skills examiner; and complete a formal CDL test examiner (e) Complete criminal background (f) Establish and maintain a database training course and examination before checks of all skills test examiners prior that tracks skills tests administered by certifying them to administer CDL to certifying them to administer CDL each State and third party CDL skills knowledge and skills tests. The training skills tests. test examiner’s name and identification course must cover at least the following (f) Complete an annual criminal number. six units of instruction: background check of all test examiners. 51. Amend § 384.231 by revising (1) Introduction to CDL Licensing (g) Maintain a record of the results of paragraph (b) to read as follows: System: criminal background checks and CDL (i) The Commercial Motor Vehicle examiner test training and certification § 384.231 Satisfaction of State disqualification requirement. Safety Act of 1986. of all CDL test examiners. (ii) Drivers covered by CDL program. (h) Rescind the certification to * * * * * (iii) CDL vehicle classification. administer CDL tests of all test (b) Required action—(1) CLP or CDL (iv) CDL endorsements and examiners who: holders. A State must satisfy the restrictions. (1) Do not successfully complete the requirement of this subpart that the (2) Overview of the CDL tests: required annual refresher training; or State disqualify a person who holds a (i) CDL test, classifications, and (2) Do not pass annual criminal CLP or a CDL by, at a minimum, endorsements. background checks. Criteria for not suspending, revoking, or canceling the (ii) Different examinations. passing the criminal background check person’s CLP or CDL for the applicable (iii) Representative vehicles. must include at least the following: period of disqualification. (iv) Validity and reliability. (i) Any felony conviction within the (2) A person required to have a CLP (v) Test maintenance. last 10 years; or or CDL. A State must satisfy the (3) Knowledge tests: (ii) Any conviction involving requirement of this subpart that the (i) General knowledge tests. fraudulent activities. State disqualify a person required to (ii) Specialized knowledge tests. (i) The six units of training described have a CLP or CDL who is convicted of (iii) Selecting the appropriate tests in paragraph (b) of this section may be an offense or offenses necessitating and test forms. supplemented with State specific disqualification under § 383.51 of this (iv) Knowledge test administration. material and information related to subchapter. At a minimum, the State (4) Vehicle inspection test: administering CDL knowledge and skills must implement the limitation on (i) Test overview. tests. licensing provisions of § 384.210 and (ii) Description of safety rules. 50. Add § 384.229 to read as follows: the timing and recordkeeping (iii) Test scoring procedures. requirements of paragraphs (c) and (d) (iv) Scoring standards. § 384.229 Skills test examiner auditing and of this section so as to prevent such a (v) Calculating final score. monitoring. person from legally obtaining a CLP or (5) Basic control skills testing: To ensure the integrity of the CDL CDL from any State during the (i) Setting up the basic control skills skills testing program, the State must: applicable disqualification period(s) course. (a) At least annually, conduct specified in this subpart. (ii) Description of safety rules. unannounced on-site inspections of * * * * * (iii) General scoring procedures. third party testers’ and examiners’ 52. Amend § 384.301 by revising (iv) Administering the test. records, including comparison of the paragraph (c) to read as follows: (v) Calculating the score. CDL skills test results of CDL applicants (6) Road test: who are issued CDLs with the CDL § 384.301 Substantial compliance— (i) Setting up the road test. scoring sheets that are maintained in the general requirements. (ii) Required maneuvers. third party testers’ files; * * * * * (iii) Administering the road test. (b) At least annually, conduct covert (c) A State must come into substantial (iv) Calculating the score. and overt monitoring of examinations compliance with the requirements of

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subpart B of this part in effect as of (c) Standard for considering (g) State’s right to judicial review. Any [effective date of final rule] as soon as deficiencies. The deficiencies described State aggrieved by an adverse decision practical but, unless otherwise in paragraph (b) of this section must under this section may seek judicial specifically provided in this part, not affect a substantial number of either CLP review under 5 U.S.C. Chapter 7. later than [3 years after effective date of and CDL applicants or drivers. (h) Validity of previously issued CLPs final rule]. (d) Decertification: preliminary or CDLs. A CLP or CDL issued by a State 53. Revise § 384.405 to read as determination. If the Administrator prior to the date the State is prohibited finds that a State is in substantial follows: from issuing CLPs or CDLs in noncompliance with subpart B of this accordance with provisions of § 384.405 Decertification of State CDL part, as indicated by the factors paragraph (a) of this section, will remain program. specified in paragraph (b) of this valid until its stated expiration date. (a) Prohibition on CLP or CDL section, among other things, the FMCSA transactions. The Administrator may will inform the State that it has made a PART 385—SAFETY FITNESS prohibit a State found to be in preliminary determination of PROCEDURES substantial noncompliance from noncompliance and that the State’s CDL performing any of the following CLP or program may therefore be decertified. 54. The authority citation for part 385 CDL transactions: Any response from the State, including continues to read as follows: (1) Initial issuance. factual or legal arguments or a plan to (2) Renewal. correct the noncompliance, must be Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113, 13901–13905, 31136, (3) Transfer. submitted within 30 calendar days after (4) Upgrade. 31144, 31148, and 31502; Sec. 350 of Pub. L. receipt of the preliminary 107–87; and 49 CFR 1.73. (b) Conditions considered in making determination. decertification determination. The (e) Decertification: final 55. Amend appendix B to part 385, Administrator will consider, but is not determination. If, after considering all section VII, List of Acute and Critical limited to, the following five conditions material submitted by the State in Regulations, by redesignating the entries in determining whether the CDL response to the FMCSA preliminary for §§ 383.37(a) and 383.37(b) as program of a State in substantial determination, the Administrator §§ 383.37(b) and 383.37(c) and adding a noncompliance should be decertified: decides that substantial noncompliance new entry for § 383.37(a) to read as (1) The State computer system does exists which warrants decertification of follows: not check the Commercial Driver’s the CDL program, he or she will issue License Information System (CDLIS) a decertification order prohibiting the Appendix B to Part 385—Explanation and/or National Driver Registry Problem State from issuing CLPs and CDLs until of Safety Rating Process Driver Pointer System (PDPS) as such time as the Administrator * * * * * required by § 383.73 of this subchapter determines that the condition(s) causing when issuing, renewing, transferring, or the decertification has (have) been VII. LIST OF ACUTE AND CRITICAL REGULATIONS upgrading a CLP or CDL. corrected. (2) The State does not disqualify (f) Recertification of a State. The * * * * * drivers convicted of disqualifying Governor of the decertified State or his § 383.37(a) Knowingly allowing, requiring, offenses in commercial motor vehicles. or her designated representative must permitting, or authorizing an employee who does not have a current CLP or CDL, who (3) The State does not transmit submit a certification and does not have a CLP or CDL with the proper convictions for out of State drivers to documentation that the condition class or endorsements, or who operates a the State where the driver is licensed. causing the decertification has been CMV in violation of any restriction on the (4) The State does not properly corrected. If the FMCSA determines that CLP or CDL to operate a CMV (acute). administer knowledge and/or skills tests the condition causing the decertification * * * * * to CLP or CDL applicants or drivers. has been satisfactorily corrected, the Issued on: March 31, 2008. (5) The State fails to submit a Administrator will issue a John H. Hill, corrective action plan for a substantial recertification order, including any compliance deficiency or fails to conditions that must be met in order to Administrator. implement a corrective action plan begin issuing CLPs and CDLs in the [FR Doc. E8–7070 Filed 4–8–08; 8:45 am] within the agreed upon time frame. State. BILLING CODE 4910–EX–P

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Part III

Environmental Protection Agency 40 CFR Part 141 National Primary Drinking Water Regulations: Drinking Water Regulations for Aircraft Public Water Systems; Proposed Rule

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ENVIRONMENTAL PROTECTION 1200 Pennsylvania Ave., NW., materials are available either AGENCY Washington, DC 20460. In addition, electronically in http:// please mail a copy of your comments on www.regulations.gov or in hard copy at 40 CFR Part 141 the information collection provisions to the Water Docket, EPA/DC, EPA West, [EPA–HQ–OW–2005–0025; FRL–8551–3] the Office of Information and Regulatory Room 3334, 1301 Constitution Ave., Affairs, Office of Management and NW., Washington, DC. The Public RIN 2040–AE84 Budget (OMB), Attn: Desk Officer for Reading Room is open from 8:30 a.m. to EPA, 725 17th St., NW., Washington, DC 4:30 p.m., Monday through Friday, National Primary Drinking Water 20503. excluding legal holidays. The telephone Regulations: Drinking Water • Hand Delivery: EPA Docket Center, number for the Public Reading Room is Regulations for Aircraft Public Water Public Reading Room, EPA (202) 566–1744, and the telephone Systems Headquarters West Building, Room number for the Water Docket is (202) AGENCY: Environmental Protection 3334, 1301 Constitution Ave., NW., 566–2426. Agency (EPA). Washington, DC 20460. Such deliveries FOR FURTHER INFORMATION CONTACT: are only accepted during the Docket’s ACTION: Proposed rule. Richard Naylor, Drinking Water normal hours of operation, and special Protection Division, Office of Ground SUMMARY: The Environmental Protection arrangements should be made for Water and Drinking Water (MC–4606M), Agency is proposing to amend and deliveries of boxed information. Environmental Protection Agency, 1200 Instructions: Direct your comments to consolidate in one place the federal Pennsylvania Ave., NW., Washington, Docket ID No. EPA–HQ–OW–2005– drinking water requirements (known as DC 20460; telephone number: (202) 0025. EPA’s policy is that all comments National Primary Drinking Water 564–3847; e-mail address: received will be included in the public Regulations or NPDWRs) for aircraft [email protected]. For general docket without change and may be public water systems under the Safe information, contact the Safe Drinking Drinking Water Act (SDWA). Aircraft made available online at http:// www.regulations.gov, including any Water Hotline, telephone number: (800) public water systems are subject to the 426–4791. The Safe Drinking Water requirements of SDWA and the personal information provided, unless the comment includes information Hotline is open Monday through Friday, NPDWRs. The existing federal drinking excluding legal holidays, from 10 a.m. water standards were primarily claimed to be Confidential Business Information (CBI) or other information to 4 p.m., Eastern time. designed to regulate water quality in SUPPLEMENTARY INFORMATION: stationary public water systems and the whose disclosure is restricted by statute. application of these requirements to Do not submit information that you I. General Information consider to be CBI or otherwise mobile water systems with the A. Does This Action Apply to Me? capability of flying throughout the protected through http:// www.regulations.gov or e-mail. The world has created implementation Entities potentially regulated by the http://www.regulations.gov Web site is challenges. The proposed requirements proposed Aircraft Drinking Water Rule an ‘‘anonymous access’’ system, which are intended to tailor existing health- include air carriers that operate aircraft means EPA will not know your identity based drinking water standards to the public water systems using finished or contact information unless you unique characteristics of aircraft public surface water, finished ground water provide it in the body of your comment. water systems for the enhanced under the direct influence of surface If you send an e-mail comment directly protection of public health against water (GWUDI), or finished ground to EPA without going through illnesses attributable to microbiological water. Regulated categories and entities www.regulations.gov your e-mail contamination. This is accomplished include: address will be automatically captured through multiple-barrier protection and and included as part of the comment procedural control measures. EPA Examples of that is placed in the public docket and Category NAICS code regulated believes that the combination of these made available on the Internet. If you entities components will better protect public submit an electronic comment, EPA health while building upon existing recommends that you include your Scheduled 481111 Air carriers. passenger aircraft operations and maintenance name and other contact information in programs, better coordinate federal air transpor- the body of your comment and with any tation. programs that regulate aircraft water disk or CD–ROM you submit. If EPA systems, and minimize disruption of Nonscheduled 481211 Air carriers. cannot read your comment due to chartered aircraft flight schedules. technical difficulties and cannot contact passenger DATES: Comments must be received on you for clarification, EPA may not be air transpor- or before July 8, 2008. Under the able to consider your comment. tation. Paperwork Reduction Act, comments on Electronic files should avoid the use of the information collection provisions special characters, any form of This table is not intended to be must be received by OMB on or before encryption, and be free of any defects or exhaustive, but rather provides a guide May 9, 2008. viruses. for readers regarding entities likely to be ADDRESSES: Submit your comments, Docket: All documents in the docket regulated by this action. This table lists identified by Docket ID No. EPA–HQ– are listed in the http:// the types of entities that EPA is now OW–2005–0025, by one of the following www.regulations.gov index. Although aware could potentially be regulated by methods: listed in the index, some information is this action. Other types of entities not • http://www.regulations.gov: Follow not publicly available, e.g., CBI or other listed in this table could also be the on-line instructions for submitting information whose disclosure is regulated. To determine whether your comments. restricted by statute. Certain other air carrier is regulated by this action, • E-mail: [email protected]. material, such as copyrighted material, you should carefully examine the • Mail: Water Docket, Environmental will be publicly available only in hard applicability criteria in section Protection Agency, Mailcode: 2822T, copy. Publicly available docket § 141.800 of this proposed rule. If you

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have questions regarding the CWS: Community Water System. IV. Elements of the Proposed Aircraft applicability of this action to a DBP: Disinfection Byproducts. Drinking Water Rule particular entity, consult the person E. Coli: Escherichia coli. A. Sampling Requirements listed in the preceding section entitled EO: Executive Order. B. Responses to Sample Results EPA: United States Environmental Protection C. Aircraft Water System Operation and FOR FURTHER INFORMATION CONTACT. Agency. Maintenance Plan B. What Should I Consider as I Prepare FAA: United States Federal Aviation D. Notification Requirements to Passengers My Comments for EPA? Administration. and Crew FDA: United States Food and Drug E. Reporting Requirements 1. Submitting CBI. Do not submit this Administration. F. Recordkeeping Requirements information to EPA through http:// FR: Federal Register. G. Audit and Self-Inspection Requirements www.regulations.gov or e-mail. Clearly GWS: Ground Water System. H. Supplemental Treatment mark the part or all of the information GWUDI: Ground Water Under the Direct I. Violations that you claim to be CBI. For CBI Influence of Surface Water. J. Compliance Date HACCP: Hazard Analysis and Critical Control V. Cost Analysis information in a disk or CD–ROM that Point. you mail to EPA, mark the outside of the A. Summary of Regulatory Alternatives HHS: Department of Health and Human Considered disk or CD–ROM as CBI and then Services. B. National Cost Estimates identify electronically within the disk or HPC: Heterotrophic Plate Count. C. Comparison of Cost of Regulatory CD–ROM the specific information that ICC: Interstate Carrier Conveyance. Alternatives is claimed as CBI. In addition to one ICR: Information Collection Request. D. Estimated Impacts of Proposed Rule to complete version of the comment that IESWTR: Interim Enhanced Surface Water Air Carrier Passengers includes information claimed as CBI, a Treatment Rule. E. Non-quantified Costs and Uncertainties LIMS: Laboratory Information Management copy of the comment that does not VI. Relative Risk Analysis and Benefits System. A. Relative Risks—Qualitative Analysis contain the information claimed as CBI mL: Milliliters. must be submitted for inclusion in the B. Assessment of Potential Quantitative MCL: Maximum Contaminant Level. Relative Risk Analyses public docket. Information so marked MCLG: Maximum Contaminant Level Goal. C. Non-quantified Benefits will not be disclosed except in MDRL: Maximum Disinfectant Residual VII. Statutory and Executive Order Reviews accordance with procedures set forth in Level. A. Executive Order 12866: Regulatory 40 CFR part 2. mg/L: Milligrams per Liter. Planning and Review 2. Tips for Preparing Your Comments. NASA: National Aeronautics and Space B. Paperwork Reduction Act When submitting comments, remember Administration. C. Regulatory Flexibility Act NCWS: Non-Community Water System. D. Unfunded Mandates Reform Act to: NDWAC: National Drinking Water Advisory • Identify the rulemaking by docket E. Executive Order 13132: Federalism Committee. F. Executive Order 13175: Consultation number and other identifying NPDWR: National Primary Drinking Water information (subject heading, Federal and Coordination With Indian Regulation. Governments Register date and page number). NSF: NSF International. • G. Executive Order 13045: Protection of Follow directions—The agency may NTNCWS: Non-Transient Non-Community Children from Environmental Health and ask you to respond to specific questions Water System. Safety Risks NTTAA: National Technology Transfer and or organize comments by referencing a H. Executive Order 13211: Actions That Advancement Act. Significantly Affect Energy Supply, Code of Federal Regulations (CFR) part PWS: Public Water System. Distribution, or Use or section number. OMB: Office of Management and Budget. • I. National Technology Transfer and Explain why you agree or disagree, QAPP: Quality Assurance Project Plan. Advancement Act suggest alternatives, and substitute RFA: Regulatory Flexibility Act. J. Executive Order 12898: Federal Actions language for your requested changes. SAB: Science Advisory Board. To Address Environmental Justice in • Describe any assumptions and SBA: Small Business Association. Minority Populations or Low-Income SDWA: Safe Drinking Water Act. provide any technical information and/ Populations or data that you used. SDWIS: Safe Drinking Water Information • System. K. Consultations with the Science If you estimate potential costs or Advisory Board, National Drinking burdens, explain how you arrived at SWTR: Surface Water Treatment Rule. TC: Total Coliform. Water Advisory Council, and the your estimate in sufficient detail to TCR: Total Coliform Rule. Secretary of Health and Human Services allow for it to be reproduced. TNCWS: Transient Non-Community Water L. Plain Language • Provide specific examples to System. VIII. References illustrate your concerns, and suggest TT: Treatment Technique. II. Background alternatives. UMRA: Unfunded Mandates Reform Act. • Explain your views as clearly as WHO: World Health Organization. A. Legal Authority possible. WSG: Water Supply Guidance. EPA is proposing this regulation • WSP: Water Safety Plan. Make sure to submit your under the authority of the Safe Drinking comments by the comment period D. Table of Contents Water Act (SDWA), as amended, 42 deadline identified. I. General Information U.S.C. 300f et seq., primarily sections C. Abbreviations Used in This Notice II. Background 1401, 1411, 1412 and 1450. Under ADWR: Aircraft Drinking Water Rule. A. Legal Authority SDWA, EPA establishes minimum ANSI: American National Standards B. Purpose of the Proposed Rule requirements for tap water provided to Institute. C. Scope of Proposed Rule the public, known as the National AOC: Administrative Order on Consent. D. Potential Health Concerns Associated Primary Drinking Water Regulations or ATA: Air Transport Association. With Aircraft Water Systems NPDWRs; these standards are applicable BMP: Best Management Practice. E. Regulatory and Enforcement History to ‘‘public water systems.’’ SDWA CDC: Centers for Disease Control and III. Proposed Rule Development Prevention. A. Stakeholder Involvement Section 1401 and EPA’s regulations CFR: Code of Federal Regulations. B. Data Collection Efforts define a ‘‘public water system’’ (PWS) as CRMP: Comprehensive Representative C. Framework for Proposed Rule a system for providing water for human Monitoring Plan. Development consumption to the public through

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pipes or other constructed conveyances of the public water system (water corrosion control chemicals) (40 CFR and that regularly serves an average of system), including whether the system 141.2). The assumption that only a least twenty-five individuals daily, at is a ‘‘community,’’ ‘‘nontransient finished water is boarded on aircraft is least 60 days per year. 40 CFR 141.2. noncommunity,’’ or ‘‘transient based on a FDA requirement that only All public water systems are subject noncommunity’’ system and whether potable water may be provided for to the NPDWRs unless they are the system uses surface water or drinking and culinary purposes on excluded from regulatory requirements groundwater. Aircraft public water interstate carrier conveyances (ICCs) (21 under SDWA Section 1411. Section systems are considered transient CFR 1240.80). Aircraft public water 1411 excludes from regulation any noncommunity water systems systems that are boarding water that is public water system that receives all its (TNCWS), because they are not not finished water will continue to be water from another regulated public community water systems and they do subject to existing NPDWRs and will not water system, does not sell or treat the not regularly serve at least 25 of the be subject to the new NPDWR proposed water, and is not a ‘‘carrier which same persons over six months per year today. However, even when the water conveys passengers in interstate (See 40 CFR 141.2). Also, aircraft are boarded is finished water, the commerce.’’ The classes of interstate regulated as surface water systems opportunity exists for microbiological carrier conveyances (ICCs) include because they are likely to board finished organisms to be introduced during the aircraft, trains, buses, and water vessels. drinking water from other public water act of transferring the water from the As a result, all ICCs that regularly serve systems that use surface water in whole supplier truck, cabinet, or cart to the water to an average of at least twenty- or in part. EPA considers water for aircraft water system, or for biofilm to five individuals daily, at least 60 days human consumption to include water develop within the water system itself. per year are public water systems and for drinking and food preparation as The proposed ADWR seeks to protect are currently subject to existing well as water for brushing teeth and against disease-causing microbiological NPDWRs regardless of whether they hand washing (see 63 FR 41941 (August contaminants or pathogens through the treat or sell the water. Due to the unique 5, 1998)). Therefore, if an aircraft has a required development and characteristics of aircraft water systems sink in the lavatory, then the water implementation of aircraft water system and demonstrated implementation provided to that sink must be suitable operation and maintenance plans that challenges, EPA has decided that a new for human consumption. include best management practices, air NPDWR specifically tailored to aircraft carrier training requirements, and water systems is necessary and an C. Scope of Proposed Rule periodic sampling of the onboard Agency priority. EPA may decide to The proposed ADWR only addresses drinking water. Testing drinking water tailor existing requirements to other aircraft regulated under SDWA. SDWA for each individual pathogen is not classes of ICCs in the future. does not regulate aircraft water systems practical, nor feasible. Instead, water operating outside the U.S.; however, quality and public health professionals B. Purpose of the Proposed Rule EPA is supporting an international effort use total coliform bacteria as an The primary purpose of the proposed led by the World Health Organization indicator organism. Total coliforms are Aircraft Drinking Water Rule (ADWR) is (WHO) to develop international a group of closely related, mostly to ensure that safe and reliable drinking guidelines for aircraft drinking water. harmless bacteria that live in soil and water is provided to aircraft passengers The proposed ADWR applies to the water as well as in the guts of animals. and crew. This entails providing air onboard water system only. EPA defers The presence of total coliforms in carriers with a feasible way to comply to the Food and Drug Administration drinking water suggests that there may with SDWA and the NPDWRs. The (FDA) with respect to regulating be disease-causing agents in the water or existing NPDWRs were designed watering points such as water cabinets, there has been a breach, failure, or other primarily with traditional, stationary carts, trucks, and hoses from which change in the integrity of the drinking public water systems in mind. Some of aircraft board water. Aircraft that do not water. Normally, total coliforms are not these requirements have proven difficult provide water for human consumption harmful to human health. However, if to implement when applied to aircraft or those with water systems that do not Escherichia coli (E. coli), a type of water systems, which are operationally regularly serve an average of at least coliform bacteria, is present, it can be very different. For example, aircraft twenty-five individuals daily at least 60 harmful to human health. Total must maintain rigorous operating days out of the year do not meet the coliforms are inactivated, or made schedules. They fly to multiple definition of a public water system; harmless, by treatment or die off destinations throughout the course of these aircraft are not regulated under the naturally in a manner similar to most any given day and may board drinking NPDWRs or covered under the new bacterial organisms. However, if total water from sources at any of these NPDWR proposed today. An estimated coliforms are found in a water system, destinations. Aircraft board water from 63 air carriers and 7,327 aircraft public the system may be vulnerable to airport watering points via temporary water systems are covered by this disease-causing bacteria (i.e., connections. Aircraft drinking water proposal. pathogens), whether pathogens are safety depends on a number of factors actually present or not. If an aircraft D. Potential Health Concerns Associated including the quality of the water that water system is not disinfected and/or With Aircraft Water Systems is boarded from these multiple sources, flushed on a routine basis, it may be at the care used to board the water, and the The proposed ADWR assumes that risk for biofilm or other bacterial operation and maintenance of the only finished water is boarded on growth. onboard water system and the water aircraft. Finished water means water Most of the bacteria in drinking water transfer equipment (such as water that is introduced into the distribution distribution systems are associated with cabinets, trucks, carts, and hoses). These system of a public water system and is biofilms. There are several studies unique operational characteristics intended for distribution and showing that pathogenic organisms can present different challenges, which EPA consumption without further treatment, survive longer and have greater is addressing in this proposal. except as necessary to maintain water resistance to chlorine when occurring in EPA’s NPDWRs establish different quality in the distribution system (e.g., biofilms than in drinking water (Lehtola requirements based on the classification supplemental disinfection, addition of et al., 2007). Most aircraft water tanks

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are either topped off or drained on a rule specifically adapted to aircraft total coliform-positive cultures for the daily basis. However, there are water systems would provide a clearer presence of E. coli or fecal coliforms. E. occasional situations when the water and more implementable regulatory coli and fecal coliforms indicate more may become stagnant. Some examples framework for aircraft water systems. immediate health risks from sewage or are aircraft that are occasionally taken EPA suspended the earlier guidance in fecal contamination and are used as a out of service for an extended 2003 and is no longer approving trigger of acute contamination. In maintenance period, or cold weather operation and maintenance programs in addition, the TCR requires sanitary conditions that affect the ability to drain lieu of monitoring under WSG 29 while surveys (i.e., onsite review of the water tanks (due to concerns about the the ICC program is being revised. source, facilities, equipment, operation drained water freezing on the tarmac). In 2004, EPA found all aircraft water and maintenance of a PWS for the Additionally, aircraft with water in their systems to be out of compliance with purpose of evaluating the adequacy of tanks that experience long layovers or the NPDWRs. According to the air such source, facilities, equipment, overnight stays in high temperature carriers, it is not feasible for them to operation and maintenance for areas have a higher potential for rapid comply with all of the monitoring that producing and distributing safe drinking growth of organisms. There are no data is required in the existing regulations. water). The TCR requires sanitary on outbreaks of illness caused by Subsequently, EPA tested 327 aircraft of surveys by the State primacy agency drinking water on aircraft. That does not which 15 percent tested positive for every 5 years for systems that collect mean there is no illness because there total coliform. In response to these fewer than 5 total coliform samples per is a high rate of underreporting of findings, EPA embarked on a process to month (those serving 4,100 people or illnesses caused by drinking water tailor the existing regulations for aircraft fewer). A TNCWS using surface water contamination. Illness resulting from public water systems. In the interim, serving less than 1,000 persons daily consuming contaminated aircraft water EPA placed 45 air carriers under would typically be required to take one would be no exception to this because Administrative Orders on Consent total coliform sample per month for the population onboard disperses after a (AOC) that will remain in effect until routine sampling requirements. flight and even if passengers develop tailored aircraft drinking water 2. Surface Water Treatment Regulations gastrointestinal symptoms within hours regulations are final. The air carrier of deplaning, they are unlikely to AOCs combine sampling, best EPA has promulgated a suite of associate the illness with the aircraft management practices, corrective regulations to address microbiological water or to contact the air carrier or any action, public notification, and contamination of surface water. These government agency to report the illness. reporting and recordkeeping to ensure regulations include the Surface Water The effects of waterborne disease are public health protection. Treatment Rule (SWTR), the Interim usually acute, resulting from a single or Many drinking water rules for systems Enhanced Surface Water Treatment Rule small number of exposures. Most using surface water or ground water (IESWTR), the Filter Backwash waterborne pathogens cause under the direct influence of surface Recycling Rule, and the Long Term 1 gastrointestinal illness with diarrhea, water (GWUDI) relate to the treatment of and Long Term 2 Enhanced Surface abdominal discomfort, nausea, source water, but because aircraft board Water Treatment Rules. These rules vomiting, or other symptoms. Most such finished water, the responsibility for apply monitoring and treatment cases involve a sudden onset and treating the water is borne by the water technique requirements to protect the generally are of short duration in supplier from which aircraft obtain their public from microbiological pathogens healthy people. Some pathogens (e.g., water. This situation is comparable to in drinking water such as bacteria, Giardia and Cryptosporidium), however, traditional, stationary water systems viruses, Giardia lamblia, and may cause extended illness, lasting that are consecutive systems (i.e., buy Cryptosporidium. The monitoring and weeks or longer in otherwise healthy finished water from other PWSs). The treatment technique requirements must individuals. Waterborne pathogens are proposed ADWR adapts to aircraft water be met prior to water entering the particularly harmful to sensitive systems the applicable requirements distribution system. Aircraft which populations, such as the immuno- from the Total Coliform Rule, the suite board only finished water are not compromised, and can sometimes prove of surface water treatment regulations, required to provide source water fatal. and the Public Notification Rule, the treatment or to perform monitoring of relevant sections of which are source water because these activities are E. Regulatory and Enforcement History summarized as follows. the responsibility of the public water SDWA, including the amendments of system from which the aircraft obtains 1986 and 1996, require EPA to 1. The 1989 Total Coliform Rule finished water for boarding. However, promulgate NPDWRs to prevent tap The Total Coliform Rule (TCR) the SWTR includes provisions for water contamination that may adversely (USEPA, 1989) applies to all public maintaining a detectable distribution affect human health. As TNCWSs, water systems. Because monitoring system disinfectant residual and for aircraft are subject to certain NPDWRs water systems for every possible monitoring distribution system specific to this category of systems. EPA pathogenic organism is not feasible, disinfectant residuals at the same time published Water Supply Guidance 29 coliform organisms are used as and location as used for total coliform (WSG 29) in October 1986 to assist ICC indicators of possible source water and monitoring. Because disinfectant operators, including air carriers, in distribution system contamination. residual monitoring is required in the complying with these standards (USEPA Coliforms are easily detected in water distribution system, current regulations 1986). WSG 29 described an alternative and are used to indicate a water require aircraft to perform this under which the operator of an ICC system’s source and distribution system monitoring. A TNCWS using surface water system could use an approved vulnerability to pathogens. In the TCR, water serving less than 1,000 persons operation and maintenance program in EPA sets a Maximum Contaminant daily would typically be required to lieu of monitoring requirements. Level Goal (MCLG) of zero for total take one disinfectant residual sample However, this guidance did not alter the coliforms. EPA also sets a monthly per month. Additionally, the IESWTR regulatory requirements for ICCs. Since Maximum Contaminant Level (MCL) for requires primary enforcement agencies then, EPA has determined that a new total coliforms and requires testing of to conduct sanitary surveys for all

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surface water and GWUDI systems practices for assessing and correcting an assessment process to identify regardless of size, and specifies a deficiencies and risks associated with options to support and engage the full frequency of every 5 years for the drinking water supply and related range of stakeholders in the regulatory noncommunity water systems. safety, security and sanitation issues. development process. Such programs and practices may In June 2005, EPA held a public 3. The Public Notification Rule include FAA Airworthiness Standards: information meeting to kick-off the Public water systems must give notice Transport Category Airplanes rulemaking process. The meeting was to persons served by the water system (airworthiness maintenance and followed by the development of a for violations of NPDWRs and for other inspection program) (14 CFR part 43, 14 stakeholder assessment report, situations posing a risk to public health CFR part 91, and 14 CFR part 121); produced by the third-party facilitator, from drinking water. The term ‘‘NPDWR vulnerability assessments/security which is available in the docket for this Violations’’ is used in the public programs; FDA regulations for Interstate rule. This report included notification regulations to include Conveyance Sanitation (USFDA 2005); recommendations for a series of joint violations of the MCL, Maximum FDA sanitary surveys of watering points education workshops to bring diverse Residual Disinfectant Level (MRDL), and servicing areas; and FDA stakeholders together to identify and treatment technique (TT), monitoring, certification of aircraft sanitation understand the issues and to provide and testing procedure requirements. systems including potable (finished) input and comment on regulatory Public notice requirements are divided water, sewage, and galleys. These approaches and options. into three tiers, which take into account programs may contribute valuable The first workshop was held on the seriousness of the violation or information related to the condition of January 18–19, 2006. This workshop situation and of any potential adverse the aircraft water system and water provided an opportunity for health effects that may be involved. Due quality. EPA has worked closely with stakeholders to learn about aircraft to the transient nature of the public FDA and FAA to ensure that this water systems and watering points, served by TNCWSs, public notice is proposal for aircraft water system current regulations, and other typically provided through posting of regulation is integrated with these information relevant to the rulemaking. the notice at locations where the public programs to avoid unnecessary The stakeholders were encouraged to may access drinking water from the duplication. share their initial ideas about the issues water system. that should be addressed in developing III. Proposed Rule Development the proposed rule. EPA also presented 4. Roles of the FAA and FDA in for consideration by the stakeholders a Regulating Aircraft Drinking Water A. Stakeholder Involvement conceptual approach for the rule, which Drinking water safety on air carriers is In November 2004, when EPA draws on the principles of the Hazard jointly regulated by the EPA, the Food announced that it had initiated a Analysis and Critical Control Point and Drug Administration (FDA), and the rulemaking process to develop (HACCP) and multiple barrier Federal Aviation Administration (FAA). regulations for aircraft public water approaches. This systematic approach, EPA regulates the parent public water systems, the Agency committed to known as the Water Safety Plan (WSP) systems within the United States that working collaboratively with other approach, is described in greater detail supply water to the airports and the federal agencies overseeing the air in section III. C. Framework for drinking water once it is onboard the carrier industry, industry Proposed Rule Development. aircraft. EPA is responsible for representatives, and interested The second workshop was conducted developing and implementing the stakeholders to identify appropriate on March 28–29, 2007. At this NPDWRs for all public water systems, requirements to ensure safe drinking workshop, EPA presented for comment including public water systems on water onboard aircraft. This examples of the application of the Water aircraft. FAA requires that air carrier collaborative rule development process Safety Plan approach to aircraft water companies submit operation and has allowed EPA an opportunity to systems. Also, EPA presented the maintenance programs (14 CFR part 43, obtain information from, and hear the preliminary monitoring data collected 14 CFR part 91, 14 CFR part 121) for all concerns and questions of stakeholders under the air carrier Administrative parts of the aircraft, including the water who would be affected by this rule in an Orders on Consent. The majority of the system. Under the current organized and formal process prior to workshop time was spent soliciting Memorandum of Understanding development of this proposed rule. stakeholder input on topics critical to between EPA and FDA, the FDA takes EPA has held three public meetings; the development of the ADWR the lead in regulating culinary water these were held in June 2005, January including monitoring, best management and the watering points where aircraft 2006, and March 2007. All three events practices, public and crew notification, obtain water at the individual airports. were well-attended by stakeholders reporting and recordkeeping FDA is responsible for approving all ICC representing a diverse group of interests requirements, and program oversight watering points (21 CFR 1240.83(a)), (1) including: Air carriers, airports, flight and verification. to ensure the water supply meets EPA’s attendants, pilots, passengers, public NPDWRs and (2) to ensure the methods health officials, environmental groups, B. Data Collection Efforts (i.e., water transfer process) of and states, public water systems, water In developing the ADWR proposal, facilities (e.g., water cabinets, carts, treatment and equipment vendors, EPA analyzed preliminary monitoring trucks, containers, and hoses) for laboratories, foreign government results submitted under the delivery of such water to the agencies, and other federal agencies Administrative Orders on Consent conveyance and the sanitary conditions (e.g., FDA, FAA, and CDC). (AOCs) from 2005–2007. In addition, to surrounding such delivery prevent the EPA used a third-party skilled in gain a better understanding of the introduction, transmission, or spread of conflict resolution to help facilitate the drinking water quality on domestic communicable diseases. process and to involve the full range of aircraft as indicated by total coliform, In addition to the EPA and FDA interests. Given the number and E.coli/fecal coliform, and chlorine requirements, air carriers have many complexity of issues associated with residual, EPA drew upon the results of different on-going programs and aircraft drinking water, EPA began with the following three studies: (1) A

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voluntary monitoring study completed monitoring and disinfection protocols protocols/procedures: A Comprehensive by the Air Transport Association (ATA) for its entire fleet: Regular monitoring of Representative Monitoring Plan (CRMP) in Fall 2003; (2) an EPA study of aircraft aircraft water systems for coliforms and and a Quality Assurance Project Plan NPDWR compliance completed in 2004; disinfectant residuals; regular (QAPP). The CRMP describes the air and (3) the Canadian Inspection disinfection of aircraft water systems carrier’s sampling and disinfection Program monitoring results completed and water transfer equipment; corrective processes and protocols for collecting in 2006 action for total coliform-positive samples within a 12-month period. The The EPA data summaries presented sample(s); analysis of any total coliform- QAPP describes the air carrier’s Quality here should not be used to draw any positive culture media for the presence Assurance/Quality Control processes to definitive conclusions. The AOC dataset of fecal coliforms or E. coli; provision of ensure good quality data and the is incomplete and therefore considered public notice or restriction of water methods for collecting and assessing preliminary since it represents 15 out of service when there is a total coliform- data, such as use of State- or EPA- 45 domestic air carriers under AOCs positive sample result; performance of a certified laboratories and EPA-approved with EPA. The 45 domestic air carriers study of possible sources of analytical methods for analyzing were placed under AOCs to resolve non- contamination that exist outside of the drinking water samples. Once the plans compliance with the Safe Drinking aircraft; and inclusion of information were approved, air carriers were Water Act and the National Primary regarding various aspects of its domestic required to collect and submit their Drinking Water Regulations. The AOCs and foreign water practices. aircraft water system sampling data to established interim aircraft water testing Specific to the AOC sampling data, air EPA. As reflected in Table III–1, air and disinfection protocols. Each of the carriers were required to submit two carriers followed slightly different air carriers, at a minimum, was required documents for EPA approval that set the monitoring and disinfection protocols to implement the following regular stage for monitoring and disinfection based on their fleet size.

TABLE III–1.—MONITORING AND DISINFECTION PROTOCOLS AS REQUIRED UNDER THE AOCS

Air carriers Air carriers with greater with less than than 20 or equal to 20 aircraft aircraft

MONITORING 1 For each sample event, collect at least one sample from a galley and one from a lavatory for Total Coliform (TC) and Disinfectant Residual (total residual chlorine) ...... Sample 25% of fleet quarterly ...... ...... Sample all fleet quarterly ...... DISINFECTING AND FLUSHING 2 Disinfect and flush each aircraft’s water system no less than quarterly ...... Disinfect and flush watering points (e.g., water trucks, carts, cabinets, hoses) no less than monthly ...... 1 The air carrier was required to use State- or EPA-certified laboratories and EPA-approved analytical methods for analyzing drinking water samples. 2 If the air carrier has a pre-AOC monitoring and disinfecting program requiring a higher frequency, the air carrier was required to continue in accordance with their program, unless modification was requested and approved by EPA.

As of May 31, 2007, of the 45 air to the data collected under the other faucets were equipped with filters, carriers under AOCs, EPA has analyzed studies. efforts were made to collect residual preliminary drinking water sampling Therefore, in determining an disinfectant samples from the lavatory. data from 15 air carriers consisting of estimated baseline of domestic air The samples were analyzed for total 2,316 aircraft out of an estimated total carrier drinking water quality the coliform (and in the case of a total fleet size of 5,558. The total number of following was observed in the coliform-positive result, the sample was samples (routine and repeat) was preliminary AOC data: Out of 7,812 tested for E. coli/fecal coliform), total 12,099. Of these samples, 3.1 percent routine samples, 2.8 percent (222 residual chlorine, turbidity, total nitrate, (378 samples) were total coliform- samples) were total coliform-positive. and nitrite. Regarding microbiological positive. Of the 378 total coliform- Of the 222 total coliform-positive testing, of the 265 aircraft sampled, 2.6 positive samples, 2.4 percent (9 samples, 2.3 percent (5 samples) were E. percent (7 aircraft) were total coliform- samples) were E. coli/fecal coliform- coli/fecal coliform-positive. Of the 3,952 positive; there were no fecal coliform or positive. Of a total of 7,489 routine routine chlorine residual samples taken, E. coli-positive samples. Water samples chlorine residual samples taken, 26.1 21.5 percent (848) resulted in a non- from forty-one percent of the aircraft percent (1,957) resulted in a non-detect. detect. had non-detectable chlorine residuals However, in relating the preliminary Under a voluntary study coordinated (ATA 2003). AOC sampling data to other aircraft with EPA, ATA sampled 265 passenger In the 2004 EPA NPDWR Compliance water quality studies only the routine aircraft operated by eight ATA-member study, 327 passenger aircraft belonging samples were used. Repeat samples U.S. air carriers. As noted by ATA, these to ATA and non-ATA members were were not used because they by nature eight air carriers represent the majority randomly tested at 12 U.S. airports that have a higher probability of being total of the U.S. commercial passenger fleet, served both domestic and international coliform-positive since repeats are taken and serve both domestic and routes. EPA analyzed the drinking water after a routine sample is total coliform- international routes. The aircraft were samples from galleys and lavatories for positive. In addition, the other studies randomly selected and samples were total coliform (and in the case of a total did not take repeat samples, therefore, generally collected from the galley, coliform-positive result, the sample was the routine samples are most analogous except in some cases where the galley tested for E. coli/fecal coliform), total

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residual chlorine, heterotrophic plate C. Framework for Proposed Rule In the multiple barrier approach, count, total nitrate, and nitrite. In regard Development technical and managerial barriers help to microbiological presence, 15 percent For today’s proposal, EPA has prevent contamination at the source, (49/327) of the aircraft tested positive considered both the existing NPDWRs treatment, distribution, and tap to for total coliform, and 4.1 percent (2/49 applicable to aircraft water systems—the provide a safe supply of drinking water aircraft) of these total coliform positive Total Coliform Rule, the Surface Water for consumers. The barriers include risk aircraft also tested positive for E. coli/ Treatment Regulations and the Public prevention, risk management, fecal coliform. Twenty-one percent (69/ Notification Rule—and a systematic risk monitoring and compliance, and 327) of the aircraft tested had a non- management approach used for food individual action. As an enhancement of the HACCP approach, the Water detectable chlorine residual. and water safety by other agencies, Safety Plan approach identifies control which EPA believes can be particularly Under the Canadian Inspection measures not only at critical control effective when dealing with mobile Program, Health Canada randomly points, as is done for HACCP, but also sources of drinking water. The resulting inspected 431 aircraft for at the point of contamination where the proposed rule is intended to consolidate microbiological presence in drinking hazardous event occurs as well as the three existing NPDWRs into one water. Of the 431 aircraft tested, 15.1 downstream of the potential new NPDWR and modify them, based percent (65 aircraft) were total coliform- contamination point. The intent is to on the Water Safety Plan approach positive, and 7.7 percent (5/65 aircraft) enable the effect of the multiple barriers described as follows, so that the to be assessed together (Davison et al., of these total coliform positive aircraft drinking water standards can be more were also E. coli positive. Most of the 2005). The Water Safety Plan approach effectively implemented for aircraft continues to evolve as the water contamination (4 samples) was found in water systems and better integrated with water from the lavatory faucets. The industry gains experience by developing FDA and FAA programs and and implementing Water Safety Plans. Canadian study did not test for chlorine requirements. residual (Canada 2007a and 2007b). 2. Proposed Rule Approach 1. HACCP and Water Safety Plan It is important to note that the Approaches The proposed approach for this intended purpose and use of the rulemaking effort includes elements of preliminary AOC and the other aircraft EPA believes that an effective means the HACCP approach and WHO’s Water sampling results were to protect public of assuring safe drinking water onboard Safety Plan approach and builds on the health by providing an understanding of aircraft is through the application of a foundation of the controls established the quality of airline drinking water. systematic risk management approach under the existing NPDWRs applicable Although they were not collected to referred to as the Water Safety Plan to aircraft water systems. This proposed drive the ADWR rulemaking process, (WSP) approach. The Water Safety Plan regulation does not require each air these datasets provide important concept was developed by the World carrier to develop its own Water Safety information for an estimated baseline of Health Organization (WHO) as part of Plan (WSP). Instead, the WSP approach the 3rd edition of its drinking water aircraft drinking water quality for total was used to outline the priority hazards guidelines (WHO 2004). It is based on coliform, E. coli/fecal coliform, and and the control measures that could be the Hazard Analysis and Critical Control residual chlorine. implemented to control these hazards in Point (HACCP) concepts and the the entire aircraft water supply and Although it is difficult to complete a multiple barrier approach to protecting transfer chain. By looking holistically at one-to-one comparison of the sampling public health. the entire process, EPA ensured a results among the studies, observed The basic HACCP concepts were collaborative working relationship with differences may be attributed to several originally developed in 1959 by the other federal agencies overseeing the air factors. For instance, best management Pillsbury Company with cooperation carrier industry. This holistic approach practices and protocols (such as and participation from the National will minimize duplication of effort and systematic sampling, disinfecting, and Aeronautics and Space Administration regulation by multiple federal agencies flushing procedures) established under (NASA), the Natick Laboratories of the over the same segment of the process. It the AOCs may have played a part in the U.S. Army, and the U.S. Air Force Space also helps minimize concerns of over- varying results. These systematic Laboratory Project Group. The purpose regulation in one segment of a process protocols may have created a greater was to ensure food and beverage safety to address an issue that could be more chance of consistency and effectiveness from microbiological hazards for the effectively handled in another segment among the air carriers in implementing first NASA manned space missions. of the process. Once the hazards and the operational and maintenance Since the 1980s, the HACCP system has potential control measures were procedures of an aircraft water system. been adopted by food and beverage identified, EPA could then focus on the In addition, these findings suggest that industries world-wide, where it forms specific area of its jurisdiction, the best management practices are an important part of their ‘‘food safety onboard water system. important for public health protection. plans.’’ For example, the FDA has adopted the HACCP system as an 3. Identified Hazard Events and EPA will continue to collect and effective approach for its food safety Potential Control Measures analyze the aircraft sampling data for program. FDA utilized the HACCP The following are examples of the the 45 air carriers under the AOCs. EPA approach in the final rules for the primary hazard events and potential will use the data to improve the seafood and juice industries. HACCP control measures for aircraft water Agency’s understanding of aircraft guidelines developed by WHO, known systems identified through the WSP drinking water quality relevant to as Codex Alimentarius, have been approach. microbiological controls. A summary of adopted internationally as the primary • Water to be boarded does not meet the final results will be released along recognized food safety methodology for NPDWRs applicable to TNCWSs. The with available sampling data from the risk management. The current HACCP potential control measure is to prevent 45 air carriers under AOCs. Docket ID guideline (WHO, 1997) was developed boarding of water, if operational needs No. EPA–HQ–OW–2005–0025. by the Codex Alimentarius Commission. (e.g., flushing of toilets) can be met

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without boarding additional water. If contamination from water line break. (within six months after the final rule is water must be boarded, appropriate The potential control measures are to: published in the Federal Register) for control measures are to: Restrict public Identify possible cross connections and each aircraft that identifies the access, provide public notification, install backflow prevention devices as following: (1) Coliform sample including posting notices at lavatory warranted; repair failed backflow collection procedures, (2) sample tap and galley taps stating that the water is prevention devices; repair water line location(s) representative of the aircraft not for consumption; provide bottled breaks; disinfect and flush the aircraft water system, including both galley and water for coffee making and drinking; water system as soon as possible; and lavatory taps when available, (3) providing antiseptic alcohol-based hand resample aircraft water quality before frequency and number of routine gels or wipes for handwashing; returning to service. coliform samples to be collected (4) disinfecting and flushing the aircraft • Improperly designed aircraft water frequency of routine disinfection and water system as soon as possible; and system. The potential control measure is flushing as specified in the operation demonstrating satisfactory aircraft water to obtain FDA review and approval of and maintenance plan, and (5) quality through follow-up sampling plans and specifications (Certificate of procedures for communicating sample before resumption of unrestricted public Sanitary Construction) for new aircraft results promptly so that any required access to the aircraft water system. water systems. actions including repeat and follow-up • Air carrier or aircraft crew is • Bacterial growth in aircraft water sampling, corrective action, and notified that water already boarded does system. The potential control measures notification of passengers and crew may not meet NPDWRs applicable to are to: Conduct routine total coliform be conducted in a timely manner. The TNCWSs. The potential control monitoring; and routinely disinfect and development of a sampling plan will measures are to: Restrict public access, flush the aircraft water system. assist the air carrier in tracking provide public notification, including regulatory requirements, identifying posting notices at lavatory and galley IV. Elements of the Proposed Aircraft coliform detection trends, if any exist, taps stating that the water is not for Drinking Water Rule and in maintaining compliance. consumption; providing bottled water The following sections describe the 2. Coliform Sampling Requirements for coffee making and drinking; elements of the aircraft drinking water providing antiseptic alcohol-based hand rule as proposed by EPA. The proposed In keeping with the current TCR, air gels or wipes for handwashing; rule has significant operational carriers need only determine the disinfecting and flushing the aircraft advantages over the other more presence or absence of total coliforms in water system as soon as possible; and prescriptive alternatives, which are water samples collected from aircraft demonstrating satisfactory aircraft water described in section V. EPA specifically water systems; a determination of total quality through follow-up sampling designed the proposed rule to allow air coliform density would not be required. before resumption of unrestricted public carriers to follow the manufacturer EPA believes this aids in making the access to the aircraft water system. recommendations for disinfecting and sampling process more efficient and • Use of a watering point, including flushing aircraft water systems, instead avoids unnecessary analysis. In transfer and delivery systems, not of prescribing the frequency, chemical addition, this proposed rule specifies approved by FDA. The potential control type and concentration to be used. that only analytical methodologies measure is for the air carrier to obtain Another advantage of the proposed rule approved by EPA are to be used for approval from FDA for new watering over the approaches described in the sampling. For routine monitoring, each points or when changing watering alternatives is that by utilizing the aircraft water system water sample must points. manufacturer recommendations for be 100 mL. One sample must be taken • Contamination or cross disinfection and flushing, the rule from a lavatory and one sample from a contamination due to unsanitary requirements will automatically evolve galley; each must be analyzed for total practices. The potential control (another stakeholder recommendation) coliform. EPA believes the selection of measures are to: Clean and disinfect sample taps from both the lavatory and with technological improvements in hoses, transfer pumps, water trucks, and the galley is necessary since tap options aircraft water tank lining and piping other equipment; develop written throughout these types of water systems materials and as new more effective standard operating procedures (SOPs) is limited. If only one water tap is disinfectants are developed. and provide training for sanitary water located in the aircraft water system due EPA requests comment on all aspects transfer practices and aircraft cleaning; to aircraft model type and construction, of this rule. Please note, however, that conduct total coliform monitoring; then a single tap may be used to collect EPA is not requesting, and will not restrict public access, provide public two separate 100 mL samples. consider, comments on any aspect of the notification, including posting notices at Routine coliform sampling should be TCR, surface water treatment lavatory and galley taps stating that the representative of the general conditions regulations, Public Notification Rule or water is not for consumption; providing of the aircraft water system. To ensure any other NPDWR other than as applied bottled water for coffee making and that results of routine samples are not to aircraft water systems in this drinking; providing antiseptic alcohol- inadvertently skewed by sampling too proposal. In addition to rule based hand gels or wipes for soon after a disinfection event, routine requirements, EPA identifies specific handwashing; disinfecting and flushing coliform samples must not be collected requests for comment on subject matters the aircraft water system as soon as within 72 hours after completing pertaining to the proposed rule. possible; and demonstrating satisfactory disinfection and flushing procedures. aircraft water quality through follow-up A. Sampling Requirements EPA believes that spacing routine sampling before resumption of samples evenly across monitoring 1. Coliform Sampling Plan unrestricted public access to the aircraft periods will help. This is necessary in water system; and conducting audits or As discussed above, the existing TCR order to capture a representative sample inspections. requires testing for total coliforms in from normal aircraft water system • Backflow from unprotected cross water systems. Under this proposal, operations. Additional, or special, connection, failure of backflow EPA is requiring each air carrier to coliform sampling is always encouraged prevention devices, or cross develop a coliform sampling plan and recommended by EPA.

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Routine coliform monitoring positive, then that total coliform- aircraft water system cannot be frequencies are as follows: positive culture medium must be physically disconnected/shut off to the • If the air carrier disinfects and analyzed to determine if fecal coliforms crew and passengers. flushes the entire water system at least or E. coli are present. • Collect follow-up samples after quarterly, then coliform monitoring 3. One of two routine water samples disinfection and flushing is performed must occur at least annually; test positive for total coliform, but to ensure the effectiveness of the • If the air carrier disinfects and negative for E. coli or fecal coliforms. In process. A complete set of post flushes the entire water system one to response to a single total coliform- disinfection and flushing follow-up three times per year, then coliform positive sample result that is fecal/E. sample results must be total coliform- monitoring must occur at least coli negative, the air carrier must negative before the air carrier provides quarterly; or perform at least one of the following: water from the aircraft water system to • If the air carrier disinfects and • Disinfection and flushing no later passengers and crew and returns to the flushes the entire water system less than than 72 hours after the laboratory routine monitoring frequency for once per year, then coliform monitoring notifies the air carrier of the positive coliform. Follow-up sample procedures must occur at least monthly. result. Follow-up samples must be must, at a minimum, follow routine It should be noted that this is the first collected after disinfection and flushing coliform sample locations and NPDWR that requires disinfection and is performed to ensure the effectiveness procedures. flushing as a required extra barrier for of the process. A complete set of post 5. More than one sample resulted in the protection of public health. EPA disinfection and flushing follow-up a total coliform-positive but was fecal understands that most of the air carrier sample results (i.e., one from the coliform-negative or E. coli-negative. If maintenance programs employ water lavatories and one from the galleys) more than one of any routine, repeat, or system disinfection and flushing; must be total coliform-negative before a combination of samples is total however, EPA believes that making the air carrier provides water from the coliform positive and fecal coliform- three sampling frequency options aircraft water system to passengers and negative or E. coli negative, then the air available to air carriers for the aircraft crew and returns to the routine carrier must perform all of the water systems that they operate monitoring frequency for coliform; or following: provides the flexibility to meet the • Repeat Sampling. Collect four 100 • Restrict public access to the aircraft evolving needs of the industry while mL repeat samples within 24 hours of water system which includes providing still providing adequate barriers of being notified of the positive result. notification to passengers and crew as protection. Repeat samples must be collected and soon as possible but no later than 24 This proposal uses calendar-based analyzed from four taps within the hours after being notified of the positive monitoring and reporting frequencies. aircraft water system: the tap which result. This basis is also consistent with EPA’s resulted in the total coliform-positive • Conduct disinfection and flushing current methods of oversight and is sample, one other lavatory tap, one prior to resumption of unrestricted compatible with the Agency’s current other galley tap, and one other tap; if public access to the aircraft water data systems. EPA is aware that the air less than four taps exist, then a total of system, or no later than 72 hours if the carrier industry typically schedules four 100 mL samples must be collected aircraft water system cannot be maintenance or other activities based on and analyzed from the available taps physically disconnected/shut off to the aircraft flight hours or flight days. within the aircraft water system. If no crew and passengers. Scheduling activities on a calendar basis repeat sample is total coliform-positive, • Collect follow-up samples after could lead to incompatibility and the system returns to its routine disinfection and flushing is performed challenges in creating regular monitoring schedule and no further to ensure the effectiveness of the maintenance schedules. On the other follow-up is required. process. A complete set of post hand, if an aircraft is not in frequent 4. Any sample test result is fecal disinfection and flushing follow-up operation, basing aircraft water system coliform positive or E. coli-positive. sample results must be total coliform- activities on a flight time basis could Since fecal coliform or E. coli bacteria negative before the air carrier provides lead to an extended calendar period indicate the potential presence of water from the aircraft water system to before any actions are taken, which contaminants that can cause acute passengers and crew and returns to the would not be protective of public health risks, EPA believes it is necessary routine monitoring frequency for health. EPA requests comment on to take immediate corrective action for coliform. Follow-up sample procedures whether the proposed calendar basis the protection of public health. The must, at a minimum, follow routine could reasonably be integrated with the aircraft water system is not a traditional coliform sample locations and air carrier industry’s flight time basis, or water system and the air carrier must procedures. if not, how the Agency should transpose therefore take additional measures to 6. Post disinfection and flushing the proposed requirements to an prevent any disease or illness. If any follow-up sampling. Follow-up samples equivalent standard on a flight time routine or repeat sample is fecal are necessary to validate the basis. coliform-positive or E. coli-positive, effectiveness of the disinfection and then the air carrier must perform all of flushing procedures. If one or more of B. Response to Sampling Results the following: the follow-up samples in a set of follow- 1. All routine coliform samples are • Restrict public access to the aircraft up samples is total coliform-positive negative. If all routine samples are total water system which includes providing then, as a minimum, the air carrier must coliform-negative in a monitoring notification to passengers and crew as disinfect and flush again, then take a period, then the air carrier must soon as possible but no later than 24 new set of follow-up samples. Both continue to maintain its routine hours after being notified of the positive follow-up sample results must be total monitoring for coliform based on the result. coliform-negative before the aircraft frequency required under the rule. • Conduct disinfection and flushing water system provides water to 2. The sample yields a positive result prior to resumption of unrestricted passengers and crew and the air carrier for total coliform. If any routine or public access to the aircraft water returns to the routine monitoring repeat coliform sample is total coliform- system or no later than 72 hours if the frequency for coliform.

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7. Failure to conduct routine coliform 72 hours if the aircraft water system safe drinking water, this proposal relies monitoring or analysis, or boarding cannot be physically disconnected/shut on coliform bacteria as an indicator of water from a watering point not off to the crew and passengers. microbiological quality. A second approved by the FDA. If there was a • Collect follow-up samples after indicator commonly used to gain insight failure to collect and analyze the disinfection and flushing is performed on water quality is heterotrophic plate required number of routine coliform to ensure the effectiveness of the count (HPC). samples, or water was boarded in the process. A complete set of post The Surface Water Treatment Rule United States from a watering point not disinfection and flushing follow-up (SWTR) includes a provision which approved by the FDA, or outside the sample results must be total coliform- allows a system to conduct United States in a manner not in negative before the air carrier provides heterotrophic plate counts in lieu of accordance with the air carrier’s water from the aircraft water system to measuring for residual disinfectant procedures for ensuring the water is passengers and crew and returns to the concentrations. Finished water with safe, then the air carrier must perform routine monitoring frequency for heterotrophic bacteria concentration all of the following: coliform. Follow-up sample procedures less than or equal to 500 per mL is • Provide notification to passengers must, at a minimum, follow routine deemed to have a detectable disinfectant and crew as soon as possible but in no coliform sample locations and residual concentration for purposes of case later than 24 hours after discovery procedures. determining compliance with the of failure to collect required samples or This situation, in contrast to the one SWTR. HPC sampling could be done at after being notified by EPA of failure to above, is one in which there is a specific the same time and place as routine collect required samples; or provide indication that the water is or may not coliform monitoring, or more routinely notification to passengers and crew as be safe to drink. In this case, in order such as monthly as an additional check. soon as possible but in no case later to protect public health, the same level If heterotrophic counts are greater than than 24 hours after boarding water from of restricted access and public notice is 500/ml, then corrective action could be a watering point not approved by FDA. required as for situations in which there required. • Conduct disinfection and flushing has been a positive coliform detection. EPA requests comment on whether within 72 hours. • Collect follow-up samples after Restricted Access to the Water System HPC should be allowed, required, or not considered as another indicator of water disinfection and flushing is performed In any situation where there is an to ensure the effectiveness of the quality in addition to coliform affirmative indicator of actual or monitoring. process. A complete set of post potential contamination (e.g., more than disinfection and flushing follow-up one coliform-positive sample, a single 2. Potential for Bacterial Growth sample results must be total coliform- fecal coliform- or e-coli-positive sample, negative before the air carrier provides Water in the aircraft system which sits water boarded from a known for an extended period of time or is water from the aircraft water system to contaminated source, etc.), the carrier is passengers and crew and returns to the otherwise not turned over could be at required to restrict access to the water risk for biofilm or other bacterial routine monitoring frequency for system as expeditiously as possible, but coliform. Follow-up sample procedures growth, especially if a strong in no case more than 24 hours after the disinfectant residual is not present. must, at a minimum, follow routine event triggering the requirement (e.g., coliform sample locations and Furthermore, total coliform as an positive sample result). Ideally, access indicator may not identify the presence procedures. to all lavatory and galley taps, built in This situation does not require the of other organisms that may be present coffee/tea maker, etc. should be same degree of restricted access because in biofilm such as mycobacterium and physically shut off, and this is required there is no specific indication that the Legionella. Activities such as routine where feasible. The carrier must also water is not safe. However, to ensure disinfection and flushing, as well as the make provisions for alternatives such as public health protection, carriers must presence of a disinfectant residual, may bottled water and antiseptic alcohol- still warn passengers not to drink the help reduce risk from organisms that are based hand gels or wipes. In cases water, and must provide a full not detected via routine total coliform where it is not feasible to physically explanation of the situation to the crew. monitoring. prevent access, the carrier must provide 8. Failure to conduct repeat or follow- Most aircraft water tanks are either notice in each lavatory, galley tap, etc., up monitoring or analysis, or boarding topped off or drained on an almost daily which clearly indicates to passengers water known to not meet NPDWRs basis. However, there are occasional and crew that the water is non-potable applicable to TNCWSs. If there was a situations when the water may sit and should not be used for drinking, failure to collect and analyze the stagnant. Some examples are aircraft food or beverage preparation, teeth- required number of repeat or follow-up taken out of service for an extended brushing, hand washing, or any other coliform samples, or water was boarded maintenance period, or cold weather consumptive use. Additional which is known to not meet NPDWRs, conditions that affect the ability to drain information must also be provided to then the air carrier must perform all of tanks (due to environmental concerns the crew (see Section D. Notification the following: involving water disposal in addition to • Restrict public access to the water Requirements to Passengers and Crew). concerns about the drained water system which includes providing Request for Comment on Sampling freezing on the tarmac). Additionally, notification to passengers and crew as Requirements and Response aircraft that experience long layovers or soon as possible but no later than 24 overnight stays in high temperature 1. Microbiological Indicators hours after discovery of failure to collect areas have a higher potential for rapid required samples or after being notified The Agency’s primary interest is in growth of organisms. This proposal does by EPA of failure to collect required crafting a regulation for aircraft water not specifically address such situations; samples, systems that is both implementable and however, EPA requests comment on • Conduct disinfection and flushing fully protective of public health. While whether the final rule should include a prior to resumption of public access to current methods and indicators exist to provision to address extended stagnant the aircraft water system or no later than provide meaningful characterization of periods, high water temperatures or

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other situations that may augment 5. Option for Repeat Sampling distribution system helps to inactivate concern regarding bacterial growth. Under this proposal, an aircraft water many types of microorganisms in the distribution system and controls biofilm 3. Temperature of Sample Taps system that has one total coliform- positive result under its routine growth. This proposal does not specify Not all water boarded onto aircraft at monitoring sample, but no fecal whether samples should be taken from airports is necessarily disinfected or has coliform or E. coli-positive, can opt to hot or cold taps. Some concern exists disinfectant residuals. Domestic ground either go directly to corrective action about sampling from hot taps since hot water systems do not necessarily (disinfection and flushing) or perform water could kill microorganisms, disinfect nor have a disinfectant repeat sampling. In some cases, by the masking whether there is a residual in the distribution system. Even time the air carrier is notified that the microbiological problem in the aircraft if the water supplied to airports by system. EPA requests comment on routine sample results are total regulated public water systems have whether sampling should only be coliform-positive it is likely that the disinfectant residuals at the airport taps, limited to cold taps when they are original water in the aircraft water the process of getting the water into available. EPA also requests comment system has been changed. Under this aircraft water tanks via water trucks, on whether the temperature of the hot scenario, the repeat samples may not be carts and hoses can provide enough taps should be measured to provide providing an accurate picture of the mixing and aeration of the water to some indication of whether the water quality since it is not volatilize the disinfectant. temperature achieved is high enough to characterizing the same water as the As noted above, EPA believes that this alter the microbiological results. routine sample. proposal adequately addresses concerns EPA requests comment on whether to about disinfection through the coliform 4. Statistical Sampling disallow the option for repeat sampling monitoring and disinfection and As stated earlier, each aircraft water in response to the original routine total flushing requirements. However, EPA system is a unique system that draws coliform-positive if the aircraft has requests comment on whether it is water from a potentially large number boarded water since the routine sample. appropriate to require routine and combination of sources and 6. Disinfectant Residual Monitoring monitoring for disinfectant residuals at distribution systems, which may vary aircraft water systems and if so, the on a daily basis, or even more often. This proposal relies on a combination frequency at which this monitoring This proposal requires corrective action of coliform bacteria monitoring with should occur, and what corrective based on monitoring results for each routine disinfection and flushing of the action(s) should be required if sufficient individual system to directly address aircraft water system to ensure the disinfectant residuals are not detected. the risks to that system. Some safety and quality of water onboard stakeholders have suggested that a aircraft. EPA’s SWTR requires public 7. Time Frame for Disinfection and representative number of aircraft be water systems relying on surface water Flushing sampled, resulting in a statistical as their water source to maintain a The proposed rule requires sample of the air carrier fleet instead of detectable disinfectant residual in the disinfection and flushing to be all aircraft being sampled. Under distribution system to ensure that conducted within 72 hours in certain current practices, the source(s) of water disinfection is maintained throughout situations, for example after receiving for an individual aircraft are so varied the water system. Since aircraft may lab results indicating two total-coliform that it is difficult for a statistical sample board water more than once per day positive samples or a single fecal to provide an accurate representation of from a variety of sources (some of which coliform- or e-coli positive sample all water being served on the aircraft. In may be ground water that is not (except where the water system is addition, if the Agency did have enough disinfected), EPA is uncertain whether physically shut off). EPA understands evidence that allowed an extrapolation monthly (or less frequent) disinfectant that this will generally require bringing of the statistical sample to the entire residual monitoring would be adequate the aircraft to a designated maintenance fleet, the implication is that any positive to provide useful information for aircraft facility equipped to perform coliform result in the statistical sample water systems. Instead, EPA believes disinfection and flushing. EPA requests would trigger additional monitoring that more frequent flushing and comment on whether this time frame is and/or corrective action in the entire disinfection of the entire aircraft water appropriate. fleet, as the statistical sample would be system as a treatment technique used as an indicator for a systemic combined with other barriers will C. Aircraft Water System Operations problem. ensure microbiologically safe tap water and Maintenance Plan EPA requests comment on the use of is provided on the aircraft in lieu of the EPA is proposing to require each air statistical sampling methodologies, residual disinfectant requirements carrier to develop and implement an specifically on what type of monitoring applicable to stationary public water aircraft water system operations and scheme would allow a statistical sample systems. However, EPA is also soliciting maintenance plan covering each type of to be representative of the whole. EPA comment on an alternative which would aircraft operated by the air carrier. An is especially interested in getting input add disinfectant residual monitoring to effectively implemented plan is on whether such methodologies, if the proposed monitoring requirements. essential to ensure that safe and reliable allowed, should only be used in The microbiological safety of drinking drinking water is provided to aircraft conjunction with onboard or other water supplied by public water systems passengers and crew. EPA believes that supplemental treatment such as adding in the United States relies heavily on the most reliable way to ensure effective a disinfectant or ultraviolet light. EPA disinfection of the water. This is implementation is to require that the also requests input regarding the especially the case for systems that use water system operations and support for such an option, given the surface water as a source of water. maintenance plan be included in a cost and logistical implications of a Although some microorganisms are Federal Aviation Administration positive result in the statistical sample resistant to disinfection (e.g., approved or accepted aircraft operations triggering follow-up action in the entire Cryptosporidium), maintenance of a and maintenance program. The FAA fleet. disinfection residual throughout the requires all maintenance and

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operational procedures to be formally and maintenance plan to ensure toilets. When instances such as these documented for each aircraft. Failure by consistency in the procedures. occur, passengers and crew must be an air carrier to perform the prescribed • Training Requirements. The Plan notified, and disinfection and flushing program requirements may result in must describe training protocols for all of the aircraft water system must occur forfeiture of air carrier operating staff involved with the operation and within 72 hours. If water known to be certificates and/or fines. Furthermore, maintenance provisions of this in violation of NPDWRs applicable to EPA is attempting to minimize proposed regulation and those persons TNCWSs must be boarded, the rule duplication of effort between the two conducting or managing the imposes the same requirements as for agencies in conducting routine oversight microbiological requirements of this positive coliform detects (restricted and review of water system operations proposed regulation; all such staff are access, public notice, and disinfection and maintenance plans by requiring the required to receive training. The and flushing with follow-up sampling air carriers to include these plans in the NPDWRs require that each public water before unrestricted access is restored). FAA approved or accepted operations system using a surface water source or EPA believes this will provide the best and maintenance program. However, a ground water source under the direct method of protection of public health by EPA will provide oversight of operation influence of surface water must be minimizing the risks of exposure to and maintenance plans through periodic operated by qualified personnel. It is unknown contaminants. The Plan must compliance audits. vital that persons responsible for also include a statement as to whether In order to ensure that the appropriate operating or maintaining aircraft water the aircraft water system can be multiple barriers are in place, each systems be adequately trained to ensure physically disconnected/shut off to the aircraft water system operation and proper system operation. In order to crew and passengers. • maintenance plan (referred to as the ensure that persons who maintain Coliform Sampling Plan. The Plan) must include the following aircraft public water systems are aircraft operation and maintenance plan components: competent and efficient, training of must also include the monitoring plan • Watering Point Selection qualified air carrier personnel specified for coliforms developed by the air Requirement. The Plan must ensure that in the Plan must include training on at carrier for the specific aircraft. least the following: water boarding all water boarded within the United Request for Comment on Operation and procedures, sample collection States is from an approved FDA Maintenance Plan Requirements watering point as required under 21 procedures, disinfection and flushing procedures, and public health and As far as EPA is aware, there are CFR 1240.80, and that water boarded safety reasons for the requirements of currently no procedures or requirements outside the United States be in this proposed regulation. for recording information regarding accordance with procedures designed to • Self-Inspection Procedures. The where, how much, and when water is ensure that it is safe for human Plan must describe the self-inspections boarded. The boarding of water is consumption. In no event should the air to be conducted and documented by the usually done on an as needed and as carrier knowingly serve water that air carrier (see Section IV.G for a requested basis. EPA believes that violates NPDWRs. recording such information could help • description of self-inspection Procedures for Disinfection and requirements under this rule). identify potential hazards from water Flushing of Aircraft Water System. The Documentation of the results of such source(s) in the event of a total coliform- Plan must include a description of inspection must be made available to positive sample. Once the potential procedures for disinfection and flushing EPA during compliance audits. source(s) are identified, further analysis of aircraft water systems that are • Water Boarding Procedures. The could be done to determine whether the conducted in accordance with or are no Plan must ensure that water boarded potential bacteriological contamination less stringent than the manufacturer within the United States is from a originated from the water source(s) or recommendations. Specifically, the watering point approved by FDA, and the aircraft water system. However, frequency of disinfection must be no describe procedures for ensuring that given the frequency with which aircraft less than the minimum recommended water boarded outside the United States currently board water, this could lead to by the manufacturer, though it may be is safe for human consumption. The a large amount of data being recorded, more frequent. This allows for Plan must also provide a description or and therefore, EPA is not proposing to equipment-specific designs and for a discussion of how the water will be require aircraft to record this flexible implementation with the transferred from the approved source to information. EPA requests comment on evolution of technology. Inclusion in the aircraft. This information will be whether the potential benefit of the Plan of the specific disinfection helpful for ground crews responsible for recording information on water boarded frequency, disinfecting agent used, maintaining the equipment supplying outweighs the information collection disinfectant concentration, disinfectant the aircraft with finished water. EPA burden. Also, EPA requests comment on contact time, and flushing volume or understands and recognizes that aircraft whether follow-up sampling should be flushing time allows for consistent traveling overseas may board water from required to confirm the effectiveness of implementation of these procedures. sources that are outside the jurisdiction routine disinfection and flushing, and if EPA understands that some of the United States. EPA is aware that so, the frequency at which this manufacturers do not provide a number of air carriers already have monitoring should occur. (As previously equipment disinfection and flushing procedures in place to provide noted, the proposed rule already recommendations. Where a assurances on the quality of water requires follow-up sampling for recommended routine disinfection and boarded from such sources. The disinfection and flushing performed as flushing frequency is not specified by proposed rule requires that all carriers corrective action.) the aircraft water system manufacturer, have such procedures and that they be the aircraft water system must be documented in the Plan. The Agency is D. Notification Requirements to disinfected and flushed no less also aware that in limited Passengers and Crew frequently than quarterly. circumstances, water of unknown A fundamental principle of SDWA is • Procedures for Follow-up Sampling. quality is occasionally boarded to that consumers have a right to know in These must be included in the operation operate essential systems, such as a timely manner whenever drinking

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water violations occur. EPA believes • A prominently-displayed, clear Æ When and where the water was that this includes knowing when statement in each lavatory and galley boarded from a watering point that has situations require that public access to indicating that the water is non-potable not been approved by FDA, or when the the aircraft water system is restricted. and should not be used for drinking, specific monitoring or disinfection and The public also has a right to know food or beverage preparation, hand flushing requirement was not met; when the quality of the water cannot be washing, teeth brushing, or any other Æ Any potential adverse health effects assured, for example, when water has consumptive use; and from exposure to waterborne pathogens been boarded from a watering point not • A prominent notice in the galley that might be in the water; approved by FDA or in a manner that directed at the crew which includes: Æ The population at risk, including does not otherwise comply with the air Æ A clear statement that the water is sensitive subpopulations particularly carrier’s procedures for ensuring safe non-potable and should not be used for vulnerable if exposed to the water outside the United States; and drinking, food or beverage preparation, contaminant in the drinking water; and Æ about any other situation where the hand washing, teeth brushing, or any A statement indicating when the Administrator, air carrier or crew other consumptive use; system will be disinfected and flushed determines that notification is necessary Æ A description of the violation or and returned to service if known; to protect public health. situation triggering the notice, including EPA is proposing the following Due to the nature of violations, or the contaminant(s) of concern; standard health effects language for air other events that require the restriction Æ When the violation or situation carriers to use in creating public notices of water service, and the transient occurred; to the crew: • Health effects language to be used nature of the population served, air Æ Any potential adverse health effects when notice was triggered by an event carriers must provide notification to from the violation or situation; other than a coliform-positive sample, passengers and crew as expeditiously as Æ The population at risk, including including where water was boarded possible, but no later than 24 hours after sensitive subpopulations particularly from a watering point not approved by being informed of sample results which vulnerable if exposed to the FDA: trigger notification, or within 24 hours contaminant in the drinking water; of being informed by EPA to perform Æ What the air carrier is doing to Because [required monitoring was not notification, whichever occurs first. correct the violation or situation; and conducted], [required disinfection and Notification must be in a form and Æ When the air carrier expects to flushing was not conducted], [water was manner reasonably calculated to reach boarded from a watering point not approved return to compliance or resolve the by FDA], or [other appropriate explanation], all passengers and crew while onboard situation; we cannot be sure of the quality of the the aircraft by using one or more of the If access to the water system by drinking water at this time. However, following forms of delivery: passengers is physically prevented drinking water contaminated with human • Broadcast over public through disconnecting or shutting off pathogens can cause short-term health announcement system on aircraft; the water, or if water is supplied only effects, such as diarrhea, cramps, nausea, • Posting of the notice in conspicuous to lavatory toilets, and not to any headaches, or other symptoms. They may locations throughout the area served by lavatory taps, then only the notice to the pose a special health risk for infants, young the water system. These locations would crew is required. This exception only children, some of the elderly, and people normally be the galleys and in the with severely compromised immune systems. applies when there is no possibility of This water may be used for hand washing, lavatories of each aircraft requiring the passengers accessing the water but not for drinking, food or beverage posting; system for consumptive use. preparation, or teeth brushing. • Hand delivery of the notice to Notice when water has been boarded • Health effects language to be used passengers and crew; from a watering point not approved by when more than one routine sample is • Another delivery method approved FDA or when required routine total coliform-positive and fecal in writing by the Administrator. monitoring or disinfection and flushing coliform-negative and E. coli-negative, The air carrier must continue to was not conducted must include: or a repeat sample is total coliform- provide notification until all follow-up • A prominently-displayed, clear positive and fecal coliform-negative or coliform samples are total coliform- statement in each lavatory indicating E. coli-negative must include the negative. Each notice: that the water is non-potable and should following: • Must be displayed in a conspicuous not be used for drinking, food or way when printed or posted; beverage preparation, or teeth brushing Coliform are bacteria that are naturally • Must not contain overly technical (in this situation, hand washing need present in the environment and are used as language or very small print; not be restricted, given that there is no an indicator that other, potentially harmful, • bacteria may be present. Coliforms were Must not be formatted in a way that affirmative indication of a problem with found in [insert number of samples detected] defeats the purpose of the notice; the water and hand washing generally samples collected and this is a warning of • Must not contain language that reduces microbial risk); and potential problems. If human pathogens are nullifies the purpose of the notice; • A prominent notice in the galley present, they can cause short-term health • Must contain information in the directed at the crew which includes: effects, such as diarrhea, cramps, nausea, appropriate language(s) regarding the Æ A clear statement that the water is headaches, or other symptoms. They may importance of the notice reflecting a non-potable and should not be used for pose a special health risk for infants, young good faith effort to reach the non- drinking, food or beverage preparation, children, some of the elderly, and people English speaking population served, or teeth brushing; with severely compromised immune systems. including where appropriate an easily- Æ An indication that water was • Health effects language to be used recognizable symbol for non-potable boarded from a watering point that has when any routine or repeat sample is water. not been approved by FDA, or when fecal coliform positive or E. coli • When public access to the aircraft required monitoring or required positive: water system is restricted the air carrier disinfection and flushing was not Fecal coliform and E. coli are bacteria must provide the following public conducted and it is not known whether whose presence indicates that the water may notification: the water is contaminated; be contaminated with human or animal

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wastes. Microbes in these wastes can cause previously listed in (1) through (4) of oversight. This is intended to reduce the short-term health effects, such as diarrhea, this section. reporting errors and limit the time cramps, nausea, headaches, or other • All sampling results no later than involved in investigating, checking, and symptoms. They may pose a special health 10 calendar days following the correcting errors at all levels. Air risk for infants, young children, some of the monitoring period in which the carriers should instruct their elderly, and people with severely compromised immune systems. sampling occurred. laboratories to either manually enter • All events requiring notification of sample analysis results into an EPA All notification required to be posted passengers and crew and non-routine managed web-based data system, or to or announced must continue until all disinfection and flushing must be electronically upload data files from follow-up coliform samples are total reported within 10 days of the air carrier their laboratory information coliform-negative. being informed of sample results. management systems (LIMS) to a web- Because the corrective action E. Reporting Requirements based data file submission program. requirements for aircraft water systems These data files must be in a format As for all public water systems, EPA are contained directly in the rule (e.g., prescribed by EPA. If an air carrier believes it is essential for accountability restricted access, disinfection and believes that a result was entered into and regulatory oversight that certain flushing, follow-up sampling), and do the data system erroneously, the air information be reported to EPA by the not require consultation with the carrier may notify the laboratory to air carrier. At the same time, EPA primacy agency, EPA believes it is rectify the entry. The laboratory must be believes that the type and amount of appropriate to allow a slightly longer a state- or EPA-certified laboratory that information should be carefully tailored time frame for reporting than would be adheres to the approved quality control to the purpose of reporting it, to avoid required for land-based public water procedures for checking analytical data duplication, wasted resources, and systems (i.e., generally 24 hours). for completeness and correctness. In • unnecessary burdens for either industry Evidence of self-inspection must be addition, if an air carrier believes that a or EPA. Therefore, the reporting provided to EPA within 90 days of result is incorrect, they may submit the requirements of the proposed rule are completion, including an indication that result as a contested result and petition designed to capture only information any deficiencies identified during the EPA to invalidate the sample. If an air that will be used for compliance and self-inspections have been addressed. carrier contests a sample result, they accountability. Air carriers must also report within 90 must submit a rationale to EPA, For existing aircraft water systems, days that deficiencies identified during including a supporting statement from the air carrier must report to EPA the a compliance audit have been the laboratory, providing a justification. frequency for routine coliform sampling addressed. If any deficiency identified The invalidation of a total coliform identified in the coliform sampling plan during either self-inspection or a sample result can only be made by EPA required for each aircraft public water compliance audit has not been in accordance with 40 CFR system and that the air carrier has addressed within 90 days, the carrier 141.21(c)(1)(i), (ii), or (iii) or by the must report details of the deficiency, updated its operations and maintenance state- or EPA-certified laboratory in why it has not yet been addressed, and plan by six months after the final rule accordance with 40 CFR 141.21 (c)(2). a schedule for addressing it as is published. For new aircraft water Also, if an air carrier determines that its expeditiously as possible. systems, the air carrier must report to laboratory does not have the capability Failure to provide this information EPA the frequency for routine coliform to report data electronically, they can within a timely manner will result in sampling as identified in the coliform submit a request to EPA to use an noncompliance with the rule and may sampling plan for each aircraft and that alternate reporting format. result in an enforcement action, which the air carrier has an approved may include the assessment of F. Recordkeeping Requirements operations and maintenance plan within penalties. EPA is proposing that air carriers the first calendar quarter of initial The air carrier must report to EPA operation of the aircraft. retain certain information for the aircraft within 10 calendar days the failure to that they own or operate. Records to be In addition, the air carrier must report comply with the monitoring or the following information through retained include the following: disinfection and flushing requirements • Records of bacteriological analyses electronic means as approved or of this proposed regulation. must be kept for at least 5 years and established by EPA: Reporting requirements begin six • must include the following information: The air carrier must report its months after the final rule is published. date, time and place of sampling, and complete inventory of aircraft that are As the primacy agency, EPA has to the name of the person who collected PWSs to EPA no later than six months oversee reporting by air carriers. To the sample; identification of the sample after publication of the final rule in the facilitate collection and analysis of as a routine, repeat, follow-up or other Federal Register. Inventory information aircraft water system data, EPA is special purpose sample; date of the includes: (1) The unique aircraft developing an internet based electronic analysis; laboratory and person identifier number, (2) the status of the data collection and management system. responsible for performing the analysis; aircraft water system as active or This approach is similar to that used the analytical technique/method used; inactive, (3) any water system treatment under the EPA SDWIS/STATE (Safe and the results of the analysis. installed on the aircraft, and (4) whether Drinking Water Information System/ • Records of any disinfection and access to the water system can be State version) reporting program. flushing must be kept at least 5 years. physically shut off or disconnected to Inventory and analytical results for • Records of a self inspection must be passengers and crew. microbiological testing will be reported kept for at least 10 years. • Changes in aircraft inventory no directly to this database using web • Sampling plans must be maintained later than 10 days following the forms and software that can be by the air carrier and made available for calendar month in which the change downloaded free of charge. The data review by EPA upon request, including occurred. Changes include new aircraft, system will perform logic checks on during compliance audits. aircraft that are removed from service, data entered and calculate final results • Aircraft water system operation and and a change to any of the data items for accountability and regulatory maintenance plans must be maintained

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by the air carrier and made available for storage tank, distribution system, notifying the passengers and crew) to be review by EPA in accordance with FAA supplemental treatment, fixtures, taken to address the problem. requirements; such plans must be valves, and backflow prevention While these barriers are specifically available for review by EPA upon devices. tailored to reduce risk, the possibility request, including during compliance exists that microbiological H. Supplemental Treatment audits. contamination of the aircraft water • Records of notices to passengers Onboard treatment units are not system may occur. Traditional water and crew issued as required by this required for use with finished water but systems often rely on maintenance of a proposal must be kept for at least 3 can provide a desirable additional distribution system disinfectant residual years after issuance. barrier of protection. If used, they must to help inactivate certain microorganisms and control biofilm G. Audit and Self-Inspection be acceptable to FDA, must meet NSF growth. In situations where the Requirements International / American National Standards Institute (ANSI) Standards, disinfectant added at the water SDWA sections 1413 and 1451 and must be installed, operated, and treatment plant is insufficient to authorize EPA to approve States and maintained in accordance with the maintain a residual throughout the Indian Tribes to be the primary manufacturer’s plans and specifications distribution system, supplemental implementation authority for federal and approved or accepted by FAA (14 disinfection within the distribution drinking water standards; this is known CFR Part 43, 14 CFR Part 91, 14 CFR system may be used to maintain a as ‘‘primacy.’’ However, EPA Part 121). Water treatment and detectable disinfectant residual. For regulations provide that State/Tribal production equipment must produce example, traditional systems frequently primacy programs do not include public water that meets the standards supplement or ‘‘boost’’ the disinfectant water systems on ICCs, such as aircraft prescribed in 40 CFR Part 141. residual level by injecting a chlorine (40 CFR 142.3). As a result, EPA solution into the water in specific areas remains responsible for implementation, Request for Comment on Supplemental of a distribution system. However, the including enforcement, of the ADWR. Treatment distribution system in a traditional EPA may conduct routine compliance water system may be very extensive A supplemental treatment protection audits as deemed necessary in providing compared to the very limited barrier for water boarded onto aircraft regulatory oversight to ensure proper distribution system onboard an aircraft. implementation of the requirements in water systems is not required by the Another critical consideration is that the proposed rule. Compliance audits proposed rule. However, the proposed some of the chemical properties of may include, but are not limited to, the rule includes other multiple barriers chlorine (e.g., corrosive, volatile, toxic) following: bacteriological sampling of that ensure the protection of public may be problematic if stored in quantity aircraft drinking water, reviews and health. These protection barriers for supplemental treatment purposes audits of records as they pertain to include requirements that boarded onboard aircraft. water system operations and water must meet all NPDWRs applicable Another option for providing a barrier maintenance such as log entries, to TNCWSs, must be obtained from an against microbiological contamination is disinfection and flushing procedures, FDA-approved watering point, and that the use of ultraviolet light (UV) to and sampling results; and observation of personnel involved in the water transfer provide a means of physical procedures involving the handling of process must receive adequate training disinfection. Interest in using UV light finished water, watering point selection, on appropriate procedures to maintain to disinfect drinking water is growing boarding of water, operation, water quality and prevent among public water systems due to its disinfection and flushing, and general contamination. Furthermore, the ability to inactivate pathogenic maintenance of aircraft water systems. proposed rule requires disinfection and microorganisms without forming In addition, instead of the sanitary flushing of aircraft water systems on a regulated disinfection byproducts. UV survey required for other public water routine basis to ensure tanks and piping light has also proven effective against systems every 5 years, EPA is proposing on each aircraft are clean. As proposed, some pathogens, such as that self-inspections be conducted by the interval for routine disinfection and Cryptosporidium, which are resistant to the air carrier for each aircraft water flushing of the aircraft water system commonly used disinfectants like system no less frequently than once may vary from four times per year chlorine. EPA is aware that at least one every 5 calendar years. The air carrier (quarterly) to less than once per year manufacturer provides UV disinfection must address deficiencies found as a based on manufacturer systems certified by the FAA to be result of routine compliance audits or recommendations. Also, the proposed retrofitted onto passenger aircraft. EPA self-inspections within 90 days of rule establishes compliance monitoring is interested in obtaining information identification of the deficiency or where schedules for each aircraft water system about this or other treatment system such deficiency is identified during at frequencies that increase or decrease specifications with respect to cost, extended or heavy maintenance before in relation to the disinfection and reliability, operation and maintenance, the aircraft is put back into service. EPA flushing intervals. For example, if an etc. notes that the air carrier industry aircraft water system is disinfected and EPA requests comment on whether to conducts routine inspections for flight flushed once per quarter, the air carrier require supplemental disinfection of safety before each flight. The safety of is required to sample for microbiological water boarded onto aircraft and whether all flight participants, pilot, flight presence annually. On the other hand, to require monitoring for disinfectant attendants and passengers, is considered if an aircraft water system is disinfected residuals either in addition to or in lieu prior to take-off. EPA expects the same and flushed less than once per year, the of supplemental disinfection. EPA is level of attention to be exhibited when air carrier must sample monthly for interested in obtaining any other air carriers conduct self-inspections of microbiological presence. If compliance information that should be considered their aircraft public water systems. monitoring indicates a potential in evaluating this alternative, or if there When conducting inspections of their contamination problem, the proposed are other alternatives that would be water systems, air carriers should rule requires specific actions (e.g., effective in providing additional safety examine, but are not limited to, the sampling, disinfection and flushing, and of aircraft drinking water from

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microbiological contamination. In Administrative Orders on Consent, operated so as to preserve that level of addition, EPA is requesting comment on which have requirements similar to water quality. the feasibility of using other types of those of the proposed ADWR. Alternative 1—Existing Drinking Water supplemental disinfection, such as UV Complying with the proposed Regulations treatment onboard aircraft, including requirements will not require significant providing incentives such as reduced changes in practice from the existing Alternative 1 assumes that all carriers routine monitoring or routine administrative orders. In addition, an with aircraft water systems subject to disinfection and flushing if an air carrier earlier compliance date will allow the SDWA continue to be subject to the provides supplemental treatment. air carriers to be taken off of the AOCs current requirements under the and be brought into compliance with applicable NPDWRs for each aircraft I. Violations the NPDWRs sooner. EPA also believes water system. Alternative 1 includes the For purposes of this proposed rule, it is practicable for air carriers to following regulatory components for the following situations will constitute implement and report within six compliance with existing NPDWRs: a violation where an air carrier will be months of promulgation of the rule the • Monthly routine monitoring (single required to provide notification to following: (1) The development of a sample) for total coliform bacteria (TC); • passengers and crew on the aircraft that coliform sampling plan and the selected Repeat monitoring for TC after an triggered the violation: frequency of coliform sampling, (2) the initial TC positive sample; • • Failure to disinfect and flush; development of operations and Analysis of TC positive culture • Failure to monitor for total coliform maintenance plans in accordance with media for the presence of fecal coliforms and where required for fecal coliform/E. the rule and (3) fleet inventory data. or E. coli); coli; • Additional routine TC samples in • None of these three rule provisions Failure to take required corrective require extensive planning or the month following a positive routine action; sample; • expenditures. • Has one or more fecal coliform EPA is requesting comment on the Sanitary surveys conducted every 5 positive or E. coli positive sample in compliance dates of the proposed years: Includes an evaluation of the any monitoring period (routine and ADWR. applicable components of a water repeat samples are used in this system (source; treatment; distribution determination). V. Cost Analysis system; finished water storage; pumps, In addition, the following situations This section summarizes EPA’s pump facilities, and controls; will constitute a violation, but does not estimates of the cost of this proposal, as monitoring, reporting, and data trigger additional public notification well as the estimated costs of other verification; system management and requirements: regulatory alternatives that were operation; and air carrier compliance • Failure to comply with the considered but rejected. with state requirements); proposed rule’s public notice • Monthly disinfection residual requirements; A. Summary of Regulatory Alternatives monitoring; and • Failure to comply with reporting Considered • Public notification for violations. and recordkeeping requirements; In developing this proposed rule, EPA Alternative 2—Regulatory • Failure to conduct a self-inspection evaluated four options: The current Requirements Similar to the Air Carrier or address deficiencies; regulations and three alternatives, one Administrative Orders on Consent • Failure to develop a coliform of which is the proposed rule. For each sampling plan; and develop and include option, EPA estimated annualized costs Alternative 2 describes requirements an aircraft water system operations and and relative risks, and characterized similar to those negotiated under the maintenance plan in an FAA approved anticipated benefits. The alternatives Administrative Orders on Consent or accepted operations and maintenance considered include the following: (AOCs), and with which many air program, (1) Existing Drinking Water carriers must currently comply as an interim measure until the ADWR is J. Compliance Date Regulations. (2) Regulatory Requirements Similar finalized. Alternative 2 includes the EPA is proposing that the date for air to the Air Carrier Administrative Orders following regulatory components: carriers to comply with the on Consent (AOCs). • All maintenance personnel requirements of this rule be six months (3) Water Supply Guidance 29. responsible for the operations and from the date of promulgation for (4) Proposed Rule. maintenance of aircraft water systems several reporting and planning The following briefly summarizes the receive training. The training would be requirements and one year from the date three alternatives plus the proposed implemented by the air carrier of promulgation for the rest of the rule rule. For the purposes of each responsible for the aircraft. requirements. Section 1412(b)(10) of alternative, aircraft are assumed to be • Aircraft operations and SDWA directs EPA to establish a date boarding finished water. Finished water maintenance plans and monitoring for compliance that is three years after is defined in 40 CFR 141.2 as water that plans must be updated to reflect new publication unless EPA determines that is introduced into the distribution schedules, procedures, and activities. a shorter compliance date is practicable. system of a PWS and is intended for • Air carriers must monitor for total EPA believes that the six months and distribution and consumption without coliforms and disinfectant residual. one year timeframes are practicable for further treatment, except treatment • If an aircraft water system tests several reasons. First, this rule will be necessary to maintain water quality in positive for total coliforms, the TC directly implemented by EPA so it will the distribution system. Prior to positive culture medium must be not be necessary to allow two years for boarding the water, compliance with analyzed for fecal coliform or E. coli. States to obtain primary enforcement FDA and FAA requirements is expected • If an aircraft water system tests authority to implement the rule. to ensure that water from the supplier positive for fecal coliform or E. coli, or Second, since air carriers were out of meets NPDWR standards and that the if it tests positive for total coliform in compliance with the existing NPDWRs, equipment used in transferring this any sample, the air carrier must notify most have been placed under water to the aircraft is maintained and EPA within 24 hours and must conduct

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corrective action disinfection and requirements or with their approved restricted, and public notice is to be flushing procedures, including follow- operations and maintenance plans. posted and/or announced until the up sampling, and must implement • Minimum monitoring requirements water system is disinfected and flushed public notification activities. would include daily turbidity and all follow-up samples are total • Copies of operations and monitoring, quarterly coliform coliform-negative. maintenance plans, monitoring plans, monitoring, and annual nitrate/nitrite • Disinfectant residual monitoring is monitoring. not required but is recommended as a and monitoring data must be • maintained by the air carrier. Corrective action of disinfection means of indicating water quality and and flushing the aircraft’s water system • Approximately 25 percent of the prompting voluntary corrective would be required following a TC aircraft fleet must be monitored for measures such as flushing and refilling positive sample. the tank with water containing a coliforms and disinfectant residual • Operations and maintenance quarterly, so that all aircraft are sampled residual. requirements include quarterly • at least annually. Specific training requirements of disinfection and flushing of onboard maintenance personnel are included in • Routine disinfection and flushing water systems. must be performed at least quarterly. the aircraft operations and maintenance • A self-certification that affirms that Proposed Rule plan. • Specific requirements for the aircraft water system was The proposed rule represents a hybrid disinfection and flushing procedures are disinfected and flushed according to the approach that combines what EPA included in the aircraft operations and operations and maintenance plan must believes are the most practical elements maintenance plans. be submitted to EPA each quarter. of the other alternatives with flexibility • • for the air carriers in how they Monitoring results and compliance Air carriers must report monitoring status are reported to EPA. results quarterly (within 10 business implement the regulatory requirements. • This proposed approach allows Water system operations and days of the end of a quarter of maintenance plans are incorporated into monitoring). compliance with regulatory components that are most tailored to the unique FAA approved/accepted aircraft Alternative 3—Water Supply Guidance circumstances of aircraft drinking water operations and maintenance programs. • EPA performs compliance audits as 29 systems and the operational needs of needed. each air carrier. Key components of the Alternative 3 describes the • Carriers perform self-inspections of requirements included in Water Supply proposal include the following: • Routine disinfection and flushing of the each aircraft water system every 5 Guidance 29, which described an years and certify completion of the self- alternative to the NPDWRs and was in the aircraft water system based on manufacturer recommendations. inspections. effect from October 1986 until it was • Routine coliform monitoring using B. National Cost Estimates suspended by EPA in September 2003. one of three monitoring frequency WSG 29 described the implementation options determined by the frequency of EPA estimates that the annualized of an operations and maintenance disinfection and flushing of the aircraft cost to the air carriers of carrying out the program that included disinfection and water system. activities required in this proposed rule flushing the aircraft in lieu of • Two routine coliform samples is $7.86 million at a 3 percent discount monitoring for those contaminants that collected at the frequency chosen, one rate and $7.96 million at a 7 percent pose an acute health threat based on sample from a lavatory and one sample discount rate. EPA compares the costs of short-term consumption by passengers from a galley. If one routine sample is the regulatory alternatives in the next and crew. These include turbidity, total coliform-positive the air carrier section. Also, Table V–2 presents total coliform, and nitrate. It is notable that chooses to either perform repeat annualized present value costs by WSG 29 was written prior to sampling (collecting 4 samples) or alternative. Because EPA is the primacy promulgation of the Total Coliform conduct corrective action, which agency for aircraft water systems, EPA’s Rule, the Surface Water Treatment Rule, includes disinfection and flushing of the costs to implement the proposed or the Phase II Chemical contaminant water system and follow-up monitoring. requirements have also been estimated. rule (which included revised • In the event of a fecal coliform/E. Table V–1 presents the total annualized requirements for nitrate). Alternative 3 coli-positive sample or more than one costs to air carriers (airlines) and EPA includes the following components: total coliform-positive sample, for the proposed ADWR preferred • Air carriers would comply with corrective action disinfection and alternative at 3 and 7 percent discount either the monitoring and reporting flushing is performed, access to water is rates.

TABLE V–1.—TOTAL ANNUALIZED PRESENT VALUE COSTS FOR THE PROPOSED ADWR [$Millions, 2006$]

Air carriers Agency Total Air carriers Agency Total

3% 7%

Implementation ...... $0 .002 $0 .01 $0 .01 $0 .003 $0 .01 $0 .01 Annual Administration ...... 0.25 0 .25 ...... 0.25 0 .25 Sampling Plan ...... 0 .002 0 .001 0.003 0.003 0.001 0 .004 O&M Plan ...... 0 .01 0.000 0.01 0.02 0 .000 0 .02 Coliform Monitoring ...... 5.32 0 .04 5.36 5.39 0 .04 5.43 Routine Disinfection and Flushing 2.37 ...... 2.37 2 .40 ...... 2.40 Corrective Action Disinfection and Flushing ...... 0 .14 ...... 0.14 0 .14 ...... 0.14 Compliance Audit ...... 0.01 0 .01 0.02 0 .01 0.01 0.02

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TABLE V–1.—TOTAL ANNUALIZED PRESENT VALUE COSTS FOR THE PROPOSED ADWR—Continued [$Millions, 2006$]

Air carriers Agency Total Air carriers Agency Total

3% 7%

Total ...... 7.86 0 .30 8.16 7.96 0 .31 8.27

C. Comparison of Cost of Regulatory advantages over the other alternatives 2. First, the proposed rule allows air Alternatives including the slightly less costly, but carriers to perform the disinfection and more prescriptive, Alternative 2. EPA flushing of aircraft water systems on Table V–2 provides a summary of the specifically designed the proposed rule schedules that are based on (or more annualized present value costs for each to allow air carriers to follow the frequent than) the manufacturer regulatory alternative considered during manufacturer recommendations for recommended maintenance frequencies the regulatory development process at 3 disinfecting and flushing aircraft water and are included in their FAA-approved and 7 percent discount rates. EPA used systems, instead of prescribing the or accepted operation and maintenance the same process for developing cost frequency, chemical type and programs. To provide this flexibility, estimates for all regulatory alternatives concentration to be used, which is the EPA designed the monitoring schedules as was done for the proposed option. case in Alternative 2. The less for aircraft water systems around the Unit costs were multiplied by the prescriptive approach of the proposed manufacturer recommended number of air carriers or aircraft rule addresses valuable stakeholder performing various components of each disinfection and flushing frequencies. input, which recommended that EPA EPA believes this approach is less alternative, and results were summed utilize the technical recommendations for all components. disruptive to airline operations, which of the water system manufacturer rather reduces the overall cost of the proposed Relative to the regulatory than prescribe disinfection and flushing rule by some unquantified amount. requirements currently in the Code of procedures that may not be appropriate Federal Regulations (Alternative 1), the for all aircraft water systems and may Under the proposed rule, the more proposed rule (Alternative 4) represents even be detrimental. Another advantage frequently the aircraft water system is a significant reduction in cost. The of the proposed rule over the approach cleaned, the less monitoring is required. estimated total annualized present value used in Alternative 2 is that by utilizing In estimating the cost of the proposed cost of $8.16–$8.27 million for the the manufacturer recommendations for rule in Table V–2, EPA assumed for proposed rule is only about one-fourth disinfection and flushing, the rule simplicity that 45% of the aircraft water of the estimated cost of Alternative 1, as requirements will automatically evolve systems would follow a schedule of a result of tailoring the current (another stakeholder recommendation) quarterly disinfection and flushing and regulations to the specific operational with technological improvements in annual fleet monitoring, which is the characteristics of aircraft drinking water aircraft water tank lining and piping same schedule as prescribed in systems. Relative to the Administrative materials and as new more effective Alternative 2. If more than 45% of the Orders on Consent (Alternative 2), disinfectants are developed. aircraft water systems covered by the which is the current practice of aircraft In addition to operational advantages, proposed rule choose this frequency, water systems, the proposed rule the less prescriptive approach taken by then any difference in cost between the represents a slight increase. However, the proposed rule may translate into a proposed rule and Alternative 2 will be the proposed rule offers operational lower cost than is reflected in Table V– reduced or possibly eliminated.

TABLE V—2.—TOTAL ANNUALIZED PRESENT VALUE COSTS, BY ALTERNATIVE [$Millions, 2006$]

Alt 1 Alt 2 Alt 3 Alt 4 Alt 1 Alt 2 Alt 3 Alt 4

3% 7%

Implementation ...... 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 Annual Administration...... 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 Monitoring Plan...... 0.003 0.003 0.001 0.003 0.004 0.004 0.002 0.004 O&M Plan ...... 0.01 0.01 ...... 0.01 0.02 Coliform Monitoring...... 26.53 1.68 2.29 5.36 26.85 1.70 2.31 5.43 Disinfectant Residual Monitoring ...... 3.65 0.75 ...... 3.69 0.76 ...... Routine Disinfection and Flushing ...... 4.98 3.39 2.37 ...... 5.04 3.43 2.40 Corrective Action Disinfection and Flushing ...... 0.05 0.05 0.14 ...... 0.05 0.05 0.14 Sanitary Survey/Compliance Audit ...... 0.72 ...... 0.02 0.73 ...... 0.02 Turbidity Monitoring ...... 15.01 ...... 15.19 ......

Total ...... 31.16 7.72 21.00 8.16 31.54 7.82 21.26 8.27

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D. Estimated Impacts of Proposed Rule E. Non-quantified Costs and • Air carrier customer service to Air Carrier Passengers Uncertainties response to customer concerns EPA assumes that air carriers will 1. Non-quantified Costs following notification to passengers and pass on some or all of the costs of a new crew. Although EPA has estimated the regulation to their passengers in the EPA believes that the most significant form of ticket price increases. EPA majority of costs of the proposed ADWR, there are some costs that EPA non-quantified cost is the cost estimates that 708.4 million passengers associated with the disruption to air travel each year on aircraft that are was not able to quantify, such as: carriers’ flight schedules caused by affected by the ADWR. The cost passed • Air carrier costs for service on to passengers can be roughly interruptions due to unanticipated monitoring and maintenance estimated by dividing the air carriers’ aircraft maintenance needs; requirements. Table V–3 presents the annualized costs incurred by the • Passenger costs due to flight estimated number of monitoring and number of passengers traveling each cancellations or delays related to aircraft disinfection and flushing events per year. Based on this approximation, EPA maintenance; year for all regulatory alternatives. Some estimates that passengers could face a • Air carrier costs to provide bottled fraction of these could cause disruption relatively negligible increase of about water due to lack of onboard tap water to air carrier schedules. one cent per ticket. during a coliform violation;

TABLE V–3.—SUMMARY OF MONITORING AND DISINFECTION/FLUSHING EVENTS FOR ALL ALTERNATIVES

Monitoring Disinfection and Flushing

Routing Disinfectant Corrective Total num- Rule Alternative monitoring residual Total num- Routine dis- action dis- ber of dis- coliform monitoring ber of sam- infection infection infection sampling sampling pling and flushing and flushing and flushing events/year events/year events/year events/year events/year events/year

A B C = A + B D E F = D + E

Alt 1 ...... 46,248 46,248 92,496 ...... Alt 2...... 7,708 7,708 15,416 29,308 454 29,762 Alt 3 ...... 7,708 ...... 7,708 29,308 454 29,762 Alt 4 ...... 26,593 ...... 26,593 20,516 1,175 21,691

Of the alternatives that require 2. Uncertainties in Cost Estimates current FAA requirements and therefore disinfection and flushing, the proposed Many factors contribute to uncertainty is not included in the cost estimate for rule has the least estimated number of in the national cost estimates including: this rule. This assumption potentially disinfection and flushing events/year • Percent of aircraft that will be underestimates air carrier labor burden (21,691), and Alternative 2 and 3 have subject to each coliform monitoring for self-inspections where deficiencies fewer estimated monitoring events than option. noted during self-inspections are not the proposed rule. EPA does not have • Expected results from total coliform addressed during routine aircraft sufficient data to quantify the number of monitoring. maintenance procedures. • events that would actually cause Estimated time for air carrier VI. Relative Risk Analysis and Benefits disruption to air carriers and the costs management to read, understand, and of such disruptions. However, EPA decide how to best comply with the This section summarizes the risk (and believes that the number of actual ADWR; and develop training, train staff, benefit) tradeoffs between compliance disruptions would be lower for the and oversee compliance. with existing NPDWRs (baseline proposed rule compared to Alternatives For simplicity, EPA assumed for this conditions) and the alternatives 1–3 due to the flexibility offered to air analysis that all air carriers subject to considered during the regulatory carriers in choosing monitoring the proposed ADWR would spend equal development process. Evaluations include a qualitative analysis that frequencies under the proposal. EPA management time on ADWR requirements, regardless of fleet size or compares the risks for each regulatory assumes that the increased flexibility of aircraft type. Assuming equal burden for alternative as compared to baseline the proposal would allow air carriers to all air carriers to comply with these conditions. The qualitative analysis uses schedule routine monitoring and proposed rule management and the collective professional judgment of disinfection and flushing to coincide oversight requirements could result in an EPA team that included scientists with existing routine maintenance an over- or under-estimate of the costs and engineers and representatives of checks. This would in turn decrease presented. FDA and FAA, not quantitative data, to potential disruption to air carrier flight In developing costs for air carriers to establish a relative risk rating for each schedules and thus decrease air carrier comply with the proposed self- regulatory component. Potential benefits burden and cost for complying with the inspection requirements, EPA assumed of compliance with the regulatory proposed ADWR monitoring and that with the exception of reporting and alternatives are also discussed. It is disinfection and flushing requirements. recordkeeping burden, no additional important to note that these analyses are Therefore, if disruption costs were costs for self-inspections are incurred by only for comparing the alternatives included in the quantified costs of the air carriers. Labor burden for self- relative to one another. EPA did not rule, the costs for the proposed rule inspections, which involve a thorough conduct a risk assessment, and the option would likely decrease with review and inspection of an aircraft analyses are not intended to provide any respect to the other Alternatives. water system, is already captured under insights into either the nature or the

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magnitude of possible public health similar for those components that are the public with an opportunity to risks that are associated with the included in both. In particular, the review the data prior to finalizing the consumption of drinking water on disinfection and flushing requirements ADWR. aircraft, or with the expected reductions are the same for a subset of aircraft in C. Non-Quantified Benefits in those public health risks anticipated Alternative 3 (i.e., those that choose to from implementation of this rule. comply with an O&M plan in lieu of Routine disinfection and flushing monitoring). Based on the similarities required under the proposed rule is A. Relative Risks—Qualitative Analysis between Alternatives 2 and 3, the same expected to remove pathogens that may The goal of the ADWR is to tailor process and rationale was used to be living in biofilm in the aircraft existing NPDWRs to the unique evaluate the two alternatives. Thus, the distribution system and contributing to characteristics of aircraft water systems. expert consensus is similar: the overall endemic disease. Disinfection and Because the requisite data on health risk posed by Alternative 3 is flushing associated with corrective contaminant occurrence (both frequency most likely less than the Alternative 1 action is also expected to inactivate or and concentration), health effects, and baseline, though the magnitude of the remove any pathogens that may have water consumption are not available to difference is expected to be smaller entered the distribution system, support a quantitative analysis, EPA compared to Alternative 2 due to the resulting in decreased chance of illness. estimated the relative risks of the flexibility in choosing between By reducing the potential for illness regulatory options considered for the monitoring and an O&M plan. contracted through exposure to aircraft proposed ADWR. The existing NPDWRs The Proposed Rule drinking water, EPA expects that the that apply to transient noncommunity implementation of the proposed rule water systems using purchased finished The regulatory components of the will reduce the occurrence of illness surface water were used as the baseline proposed rule allow greater flexibility passed through secondary spread. for comparison. The overall change in than Alternatives 2 and 3 with regard to Furthermore, EPA expects the risks from each alternative relative to disinfection and flushing. Thus, some additional barriers to pathogens the Alternative 1 baseline are a result of aircraft will not perform disinfection required under the proposed rule, the complex interaction of all regulatory and flushing as often as required under disinfection and flushing combined components. EPA used best professional those alternatives. However, this is with monitoring and air carrier training judgment to qualitatively estimate the compensated for by requiring more requirements, will reduce the likelihood relative risk of each regulatory routine monitoring in those situations. of outbreaks associated with aircraft alternative. This assessment was made As a result, the expert consensus is that drinking water. with contributions from a range of the overall health risk posed by the experts, including public health proposed rule is most likely less than VII. Statutory and Executive Order scientists, engineers, administrators, the Alternative 1 baseline, and about the Reviews and regulatory experts. The consensus same as Alternative 2. A. Executive Order 12866: Regulatory opinions resulting from the qualitative B. Assessment of Potential Quantitative Planning and Review assessment of risks for each alternative Relative Risk Analyses relative to the Alternative 1 baseline are Under Executive Order (EO) 12866, presented here. In addition to the qualitative relative (58 FR 51735, October 4, 1993), this risk analysis presented in section VI.A, action is a ‘‘significant regulatory Alternative 2 EPA has considered analyses for action’’ since it raises novel legal or Regulatory Alternative 2 mirrors the incorporating quantitative data into a policy issues. Accordingly, EPA requirements set forth in the AOCs. In relative risk analysis. However, EPA is submitted this action to the Office of consideration of the regulatory limited by the purpose, quality, and Management and Budget (OMB) for components, the expert consensus is quantity of data available in developing review under EO 12866 and any that the dominant factor affecting risk is meaningful analyses. Any comparison changes made in response to OMB the periodic disinfection and flushing of of risk between the Alternatives recommendations have been aircraft water systems. This type of considered for the proposed rule documented in the docket for this periodic maintenance is important in an requires robust data that would support: action. (1) Direct comparisons of the overall operating environment that is as B. Paperwork Reduction Act variable as that of aircraft water systems. baseline conditions with the overall Though there is currently no data on conditions under each of the The information collection how large the marginal effect of Alternatives, or (2) comparisons of requirements in this proposed rule have increasing disinfection and flushing specific regulatory components (i.e., been submitted for approval to the frequency is, any increase in periodicity disinfection and flushing frequencies) Office of Management and Budget for this activity is expected to yield that could be used to compare the (OMB) under the Paperwork Reduction larger health risk reductions in baseline and all Alternatives. As of the Act, 44 U.S.C. 3501 et. seq. The comparison to other regulatory time of proposal, only limited baseline Information Collection Request (ICR) components such as periodic data and partial data collected under the document prepared by EPA has been monitoring. AOCs are available for analysis. assigned EPA ICR number 2279.01 Based on all the considerations Therefore, EPA has determined that it is EPA requires comprehensive and discussed above, the expert consensus is not feasible to perform a quantitative current information on total coliform that the overall health risk remaining relative risk analysis at this time. As monitoring and associated corrective after Alternative 2 is most likely less additional AOC data are received, EPA action activities to implement its than the baseline. will continue to assess the data and program oversight and enforcement evaluate whether additional quantitative responsibilities mandated by the Safe Alternative 3 analyses are possible and can be used to Drinking Water Act (SDWA). EPA will The regulatory components of inform the final ADWR. If EPA use the information collected as a result Alternative 3 are generally not as determines that additional quantitative of this proposed Aircraft Drinking Water comprehensive as Alternative 2, yet are analyses are feasible, we will provide Rule (ADWR) to support the

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responsibilities outlined in SDWA by Burden Estimate the ICR for this proposed rule to EPA strengthening the implementation of the The universe of respondents for this and OMB. See ADDRESSES section at the proposed ADWR in the areas of Information Collection Request (ICR) is beginning of this notice for where to monitoring and flushing and comprised of 63 air carriers that operate submit comments to EPA. Send disinfecting, best management practices, approximately 7,327 aircraft public comments to OMB at the Office of and public notification, while water systems, classified as Transient Information and Regulatory Affairs, decreasing the risk to public health. The Non-Community Water Systems and the Office of Management and Budget, 725 rule requirements described in section ten EPA Regions. The burden per 17th Street, NW., Washington, DC IV of this notice are intended to improve response for air carriers is about 0.3 20503, Attention: Desk Officer for EPA. the implementation from that of the hours with a cost per response of Since OMB is required to make a Total Coliform Rule (TCR) by tailoring approximately $31. The average annual decision concerning the ICR between 30 and 60 days after April 9, 2008, a the proposed ADWR to fit the unique burden per air carrier respondent is 535 comment to OMB is best assured of challenges in the maintenance and hours or about 5 hours per aircraft. The having its full effect if OMB receives it operation practices of air carriers, and average annual cost per air carrier by May 9, 2008. The final rule will do not alter the original maximum respondent is $61,968 or $534 per respond to any OMB or public contaminant level goals or the aircraft. The total burden incurred by air comments on the information collection fundamental approach to controlling carriers during the 3-year period requirements contained in this proposal. total coliform in drinking water. covered by this ICR is 101,155 hours Section 1401(1)(D) of SDWA requires which equates to about 1606 hours per C. Regulatory Flexibility Act that there must be ‘‘criteria and air carrier and 14 hours per aircraft. The The Regulatory Flexibility Act (RFA) procedures to assure a supply of total estimated capital and start-up costs generally requires an agency to prepare drinking water which dependably (including operation and maintenance) a regulatory flexibility analysis of any complies with such maximum for the ICR are estimated to be rule subject to notice and comment contaminant levels; including accepted $7,809,188. rulemaking requirements under the Burden means the total time, effort, or methods for quality control and testing Administrative Procedure Act or any financial resources expended by persons procedures to insure compliance with other statute unless the agency certifies to generate, maintain, retain, or disclose such levels and to insure proper that the rule will not have a significant or provide information to or for a operation and maintenance of the economic impact on a substantial Federal agency. This includes the time system, * * *’’ Furthermore, section number of small entities. Small entities needed to review instructions; develop, 1445(a)(1) of SDWA requires that every include small businesses, small acquire, install, and utilize technology person who is a supplier of water ‘‘shall organizations, and small governmental and systems for the purposes of establish and maintain such records, jurisdictions. collecting, validating, and verifying The RFA provides default definitions make such reports, conduct such information, processing and monitoring, and provide such for each type of small entity. Small maintaining information, and disclosing entities are defined under the RFA as: information as the Administrator may and providing information; adjust the (1) A small business as defined by the reasonably require by regulation to existing ways to comply with any Small Business Administration’s (SBA) assist the Administrator in establishing previously applicable instructions and regulations at 13 CFR 121.201; (2) a regulations * * * in determining requirements; train personnel to be able small governmental jurisdiction that is a whether such person has acted or is to respond to a collection of government of a city, county, town, acting in compliance’’ with this title. information; search data sources; school district or special district with a Section 1412(b) of SDWA, as amended complete and review the collection of population of less than 50,000; and (3) in 1996, requires the EPA to publish information; and transmit or otherwise a small organization that is any ‘‘not-for- maximum contaminant level goals and disclose the information. profit enterprise which is independently promulgate NPDWRs for contaminants An agency may not conduct or owned and operated and is not that may have an adverse effect on the sponsor, and a person is not required to dominant in its field.’’ However, the health of persons, are known to or respond to a collection of information RFA also authorizes an agency to use anticipated to occur in public water unless it displays a currently valid OMB alternative definitions for each category systems, and, in the opinion of the control number. The OMB control of small entity, ‘‘which are appropriate Administrator, present an opportunity numbers for EPA’s regulations in 40 to the activities of the agency’’ after for health risk reduction. The NPDWRs CFR are listed in 40 CFR part 9. When proposing the alternative definition(s) in specify maximum contaminant levels or this ICR is approved by OMB, the EPA the Federal Register and taking treatment techniques for drinking water will publish a technical amendment to comment. 5 U.S.C. 601(3)–(5). In contaminants (42 U.S.C. 300g–1). 40 CFR part 9 in the Federal Register to addition, to establish an alternative Section 1412(b)(9) requires that EPA, no display the OMB control number for the small business definition, agencies must less than every 6 years, review and if approved information collection consult with SBA’s Chief Counsel for appropriate, revise existing drinking requirements contained in this final Advocacy. For purposes of assessing the water standards. Currently, the Total rule. impacts of drinking water regulations on Coliform Rule, which established the To comment on the EPA’s need for small entities under the RFA, EPA has regulatory standards (i.e., maximum this information, the accuracy of the defined small entities as public water contaminant level goals and treatment provided burden estimates, and any systems serving 10,000 or fewer persons techniques) by which this proposed suggested methods for minimizing (see EPA’s Consumer Confidence ADWR is based, is being revised in respondent burden, including the use of Reports regulation, 63 FR 44511, August accordance with the finding of the automated collection techniques, EPA 19, 1998). EPA’s first Six-Year Review (68 FR has established a public docket for this However, for purposes of assessing 42907, July 18, 2003). Promulgation of rule, which includes this ICR, under the economic impacts of this proposed the ADWR complies with these Docket ID No. EPA–HQ–OW–2005– rule on small entities, EPA is proposing statutory requirements. 0025. Submit any comments related to to define ‘‘small entity’’ using the SBA

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standard as air carriers (NAICS codes scheduled passenger air transportation small governments on compliance with 481111 and 481211) having fewer than (NAICS 481111) and nonscheduled the regulatory requirements. 1,500 employees (13 CFR 121.201) chartered passenger air transportation EPA has determined that this rather than using the definition EPA has (481211). Of the 63 air carriers proposed regulatory action does not used for small stationary public water estimated to be affected by this rule, 30 contain a Federal mandate that may systems (‘‘a public water system that are small businesses; however, this result in expenditures of $100 million or serves 10,000 or fewer people’’). As represents less than one percent of total more for State, local, and tribal discussed in section II.B, many of the service to the U.S. population. We have governments, in the aggregate, or the requirements under the existing determined that 1 small business air private sector in any one year. Annual NPDWR have proven difficult to carrier could experience an impact of costs to air carriers include the costs of implement when applied to mobile 1.4 percent of its average annual administration, monitoring, corrective aircraft water systems that are revenue. This represents 3.3 percent of action, self-inspection and compliance operationally very different from all small air carriers. audits. EPA estimates the annualized traditional water systems. Under the Although this proposed rule will not compliance cost to air carriers of $7.9 proposed ADWR, the air carrier is the impact a substantial number of small million (3 percent discount rate) and business entity rather than the entities, we continue to be interested in $8.0 million (7 percent discount rate). individual aircraft water system. the potential impacts of the proposed States, local, and Tribal governments, Therefore, EPA is proposing to use the rule on small entities and welcome however, will not incur annual costs SBA standard based on the number of comments on issues related to such associated with this proposed rule, air carrier employees instead of impacts. since oversight of air carriers (i.e., interstate commerce carriers) is directly population served by each aircraft water D. Unfunded Mandates Reform Act system. The Agency is interested in implemented by EPA and EPA will receiving comments on the use of this Title II of the Unfunded Mandates incur costs associated with this alternative definition of small entity. Reform Act of 1995 (UMRA), Public rulemaking. Thus, this rule is not In addition, the Agency has consulted Law 104–4, establishes requirements for subject to the requirements of sections with the SBA Chief Counsel for Federal agencies to assess the effects of 202 and 205 of the UMRA. For these Advocacy on using the SBA small their regulatory actions on State, local, reasons, EPA has also determined that business definition of fewer than 1500 and Tribal governments and the private this rule contains no regulatory employees for purposes of assessing the sector. Under section 202 of UMRA, requirements that might significantly or economic impacts of this rule on small EPA generally must prepare a written uniquely affect small governments. entities. As a result of this consultation, statement, including a cost-benefit E. Executive Order 13132: Federalism SBA agrees with the Agency’s approach analysis, for proposed and final rules to the small entity definition for air with ‘‘Federal mandates’’ that may Executive Order 13132, entitled carriers for this proposed rule. However, result in expenditures to State, local, ‘‘Federalism’’ (64 FR 43255, August 10, SBA did request that EPA verify that and Tribal governments, in the 1999), requires EPA to develop an they have captured the entire universe aggregate, or to the private sector, of accountable process to ensure of small entities that may be impacted $100 million or more in any one year. ‘‘meaningful and timely input by State by the proposed rule. SBA Before promulgating an EPA rule for and local officials in the development of recommended that EPA contact two which a written statement is needed, regulatory policies that have federalism additional aviation and air section 205 of the UMRA generally implications.’’ ‘‘Policies that have transportation associations to determine requires EPA to identify and consider a federalism implications’’ is defined in whether there may be additional entities reasonable number of regulatory the Executive Order to include that may experience a significant alternatives and adopt the least costly, regulations that have ‘‘substantial direct economic impact as a result of this most cost-effective or least burdensome effects on the States, on the relationship proposed rule, which were not alternative that achieves the objectives between the national government and accounted for in the Agency’s earlier of the rule. The provisions of section the States, or on the distribution of analysis. EPA contacted those 205 do not apply when they are power and responsibilities among the associations and they confirmed the inconsistent with applicable law. various levels of government.’’ Agency’s earlier findings from other Moreover, section 205 allows EPA to This proposed rule does not have sources, including the FAA, that EPA adopt an alternative other than the least federalism implications. It will not have had taken into account all available costly, most cost-effective or least substantial direct effects on the States, information on the universe of small burdensome alternative if the on the relationship between the national entities during the Agency’s earlier Administrator publishes with the final government and the States, or on the analysis. rule an explanation as to why that distribution of power and EPA also is proposing to use this alternative was not adopted. Before EPA responsibilities among the various alternative definition of ‘‘small entity’’ establishes any regulatory requirements levels of government, as specified in for purposes of its regulatory flexibility that may significantly or uniquely affect Executive Order 13132. States are not assessments under the RFA for this rule, small governments, including Tribal directly affected by any requirements in revisions to this rule, and any future governments, it must have developed this rule, since oversight of air carriers drinking water regulations that address under section 203 of the UMRA a small (i.e., interstate commerce carriers) is air carriers. government agency plan. The plan must implemented by EPA. Thus, Executive After considering the economic provide for notifying potentially Order 13132 does not apply to this rule. impacts of this proposed rule on small affected small governments, enabling In the spirit of Executive Order 13132, entities, I certify that this action will not officials of affected small governments and consistent with EPA policy to have a significant economic impact on to have meaningful and timely input in promote communications between EPA a substantial number of small entities. the development of EPA regulatory and State and local governments, EPA EPA has determined that the following proposals with significant Federal specifically solicits comment on this businesses would be affected by the intergovernmental mandates, and proposed rule from State and local proposed Aircraft Drinking Water Rule: informing, educating, and advising officials.

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F. Executive Order 13175: Consultation enhance more effective protection of samples. Also, EPA’s approved and Coordination With Indian public health, including the health of monitoring and sampling protocols Governments children who are aircraft passengers. generally include voluntary consensus standards developed by agencies such Executive Order 13175, entitled H. Executive Order 13211: Actions That as the American National Standards ‘‘Consultation and Coordination with Significantly Affect Energy Supply, Institute (ANSI) and other such bodies Indian Tribal Governments’’ (65 FR Distribution, or Use 67249, November 9, 2000), requires EPA wherever EPA deems these This proposed rule is not a methodologies appropriate for to develop an accountable process to ‘‘significant energy action’’ as defined in ensure ‘‘meaningful and timely input by compliance monitoring. Executive Order 13211, ‘‘Actions EPA welcomes comments on this tribal officials in the development of Concerning Regulations That aspect of the proposed rulemaking and, regulatory policies that have tribal Significantly Affect Energy Supply, specifically, invites the public to implications.’’ This proposed rule does Distribution, or Use’’ (66 FR 28355, May identify potentially-applicable not have tribal implications, as specified 22, 2001) because it is not likely to have voluntary consensus standards and to in Executive Order 13175. It does not a significant adverse effect on the explain why such standards should be significantly or uniquely affect the supply, distribution, or use of energy. used in this regulation. communities of Indian tribal The proposed rule addresses the unique governments, nor does it impose implementation challenges facing J. Executive Order 12898: Federal substantial direct compliance costs on aircraft water systems. Actions To Address Environmental those communities. The provisions of This proposed rule does not affect the Justice in Minority Populations and this proposed rule apply to all aircraft supply of energy as it does not regulate Low-Income Populations transient non-community water power generation. The proposed rule Executive Order (EO) 12898 (59 FR systems. At present, EPA has not does not regulate any aspect of energy 7629 (Feb. 16, 1994)) establishes federal identified any Tribal governments that distribution as the aircraft covered by executive policy on environmental may be owners/air carriers of such the proposed ADWR already have their justice. Its main provision directs systems. Thus, Executive Order 13175 own power source. Finally, these federal agencies, to the greatest extent does not apply to this rule. regulatory revisions do not adversely practicable and permitted by law, to G. Executive Order 13045: Protection of affect the use of energy as EPA does not make environmental justice part of their Children From Environmental Health anticipate that a significant number of mission by identifying and addressing, and Safety Risks air carriers will add treatment as appropriate, disproportionately high technologies that use electrical power to and adverse human health or Executive Order 13045 ‘‘Protection of comply with these regulatory revisions. environmental effects of their programs, Children from Environmental Health As such, EPA does not anticipate that policies, and activities on minority Risks and Safety Risks’’ (62 FR 19885, this proposed rule will adversely affect populations and low-income April 23, 1997) applies to any rule that: the use of energy. populations in the United States. (1) Is determined to be ‘‘economically EPA has determined that this I. National Technology Transfer and significant’’ as defined under Executive proposed rule will not have Advancement Act Order 12866, and (2) concerns an disproportionately high and adverse environmental health or safety risk that Section 12(d) of the National human health or environmental effects EPA has reason to believe may have a Technology Transfer and Advancement on minority or low-income populations disproportionate effect on children. If Act of 1995 (‘‘NTTAA’’), Public Law because it increases the level of the regulatory action meets both criteria, 104–113, 12(d) (15 U.S.C. 272 note) environmental protection for all affected the Agency must evaluate the directs EPA to use voluntary consensus populations without having any environmental health or safety effects of standards in its regulatory activities disproportionately high and adverse the planned rule on children, and unless to do so would be inconsistent human health or environmental effects explain why the planned regulation is with applicable law or otherwise on any population, including any preferable to other potentially effective impractical. Voluntary consensus minority or low-income population. and reasonably feasible alternatives standards are technical standards (e.g., considered by the Agency. materials specifications, test methods, K. Consultations With the Science While this proposed rule is not sampling procedures, and business Advisory Board, National Drinking subject to the Executive Order because practices) that are developed or adopted Water Advisory Council, and the it is not economically significant as by voluntary consensus standards Secretary of Health and Human Services defined in Executive Order 12866, we bodies. The NTTAA directs EPA to In accordance with sections 1412(d) nonetheless have reason to believe that provide Congress, through OMB, and 1412(e) of the Safe Drinking Water the environmental health or safety risk explanations when the Agency decides Act (SDWA), the Agency consulted with addressed by this action can have an not to use available and applicable the National Drinking Water Advisory effect on children. This proposed rule voluntary consensus standards. Council (NDWAC or the Council); the does not change the core Total Coliform The proposed rule may involve Secretary of Health and Human Rule requirements in place to assure the voluntary consensus standards in that it Services; and requested a consultation protection of children from the effects of would require monitoring for total with the Science Advisory Board, which contaminants in drinking water. Rather coliform, and monitoring and sample will take place in 2008. this proposed rule, which is tailored to analysis methodologies are often based The Agency consulted with NDWAC meet the specific challenges in the on voluntary consensus standards. during the Council’s May 25–27, 2007, maintenance and operations of aircraft However, the proposed rule does not semi-annual meeting. In general, water systems, will improve the change any methodological NDWAC recommended that EPA implementation of the current requirements for monitoring or sample consider and request public comment provisions under the Total Coliform analysis as are indicated in the Total on best management practices (BMPs) Rule for aircraft water systems, and Coliform Rule; only, in some cases, the and public notification requirements, thereby, is expected to ensure and required frequency and number of which may be feasible alternatives for

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the air carrier industry while providing Environmental Microbiology, 73:2854– Subpart X —Aircraft Drinking Water greater public health protection. EPA 2859. Rule has incorporated these USEPA. 1986. Water Supply Guidance 29: recommendations into the proposed Plan for Implementation of the Safe § 141.800 Applicability and compliance ADWR by providing flexible BMP Drinking Water Act on Interstate Carrier date. Conveyance. The requirements of this subpart alternatives and timely notification USEPA. 1989. National Interim Primary requirements which have been tailored constitute the National Primary Drinking Water Regulations; Total Coliform Drinking Water Regulations for aircraft specifically to meet the unique Rule; Final Rule. Part III. Federal Register, that are public water systems, which operational characteristics of aircraft 54:124:27544. (June 29, 1989). public water systems and the air carrier USEPA. 2008. Economic and Supporting board only finished water for human industry. EPA has expressly requested Analyses; Proposed Aircraft Drinking consumption. To the extent there is a public comment in these areas of the Water Rule. EPA 816–D–08–002. conflict between the requirements in proposed ADWR. USEP. 2008. DRAFT Information Collection this subpart and the regulatory On August 8, 2007, EPA consulted Request for the National Primary Drinking requirements established elsewhere in with the Department of Health and Water Regulations: Proposed Aircraft this part, this subpart governs. Human Services (HHS). EPA received a Drinking Water Rule. EPA 816–D–08–001. Compliance Date. Aircraft public water favorable response to the Agency’s USFDA. 2005. Title 21—Food and Drugs, systems must comply, unless otherwise novel approach and development of the Chapter 1—Food and Drug Administration, noted, with the requirements of this Part 1250—Interstate Conveyance proposed ADWR and no issues were subpart beginning [DATE 12 MONTHS Sanitation. http://www.accessdata. AFTER FINAL RULE IS PUBLISHED IN raised as a result of the consultation. fda.gov/. THE Federal Register]. L. Plain Language WHO. 1997. HACCP—Introducing the Hazard Analysis and Critical Control Point § 141.801 Definitions. Executive Order 12866 encourages System. Geneva, Switzerland: WHO. Federal agencies to write rules in plain WHO. 2004. Guidelines for Drinking-Water As used in this subpart, the term: language. EPA invites comments on Quality. 3rd Edition, Volume 1— Administrator means the how to make this proposed rule easier Recommendations, Chapter 4 Water Administrator of the United States to understand. For example: Has EPA Supply Plans. Geneva, Switzerland: WHO. Environmental Protection Agency or his organized the material to suit authorized representative. List of Subjects in 40 CFR Part 141 commenters’ needs? Are the Air carrier means a person who undertakes directly by lease, or other requirements in the rule clearly stated? Environmental protection, Chemicals, arrangement, to engage in air Does the rule contain technical language Indians-lands, Intergovernmental transportation. The air carrier is or jargon that is not clear? Would a relations, Radiation protection, responsible for ensuring all of the different format (e.g., grouping and Reporting and recordkeeping aircraft it owns or operates that are ordering of sections, use of headings, requirements, Water supply. paragraphs) make the rule easier to public water systems comply with all Dated: March 28, 2008. understand? Could EPA improve clarity provisions of this subpart. by adding tables, lists, or diagrams? Stephen L. Johnson, Aircraft means a device that is used What else could EPA do to make the Administrator. or intended to be used for flight in the rule easier to understand? air. For the reasons set out in the Aircraft water system means an VIII. References preamble, title 40, chapter 1 of the Code aircraft that qualifies as a public water of Federal Regulations is proposed to be ATA (Air Transport Association of America, system under the Safe Drinking Water Inc.) 2003. Air Transport Association: amended as follows: Act and the National Primary Drinking Aircraft Drinking Water Sampling Program, Water Regulations. The components of Final Report: December 31, 2003. http:// PART 141—NATIONAL PRIMARY an aircraft water system include the www.airlines.org. DRINKING WATER REGULATIONS water service panel, the filler neck of Canada. 2007a. Health Canada. Healthy the aircraft finished water storage tank, 1. The authority citation for part 141 Living. Aircraft Inspection Program— and all finished water storage tanks, Frequently Asked Questions. http:// continues to read as follows: www.hc-sc.gc.ca/hl-vs/travel-voyage/ piping, treatment equipment, and general/inspection/airplane- Authority: 42 U.S.C. 300f, 300g–1, 300g–2, plumbing fixtures within the aircraft aeronefs_e.html. 300g–3, 300g–4, 300g–5, 300g–6, 300j–4, that supply water to passengers or crew. Canada. 2007b. Health Canada. Healthy 300j–9, and 300j–11. Aircraft water system operation and Living. Advisory. Health Canada cautions maintenance plan means the schedules 2. Part 141 is amended by adding a air travelers with compromised immune and procedures for operating, new subpart X to read as follows: systems regarding water quality on aircraft. monitoring, and maintaining an aircraft http://www.hc-sc.gc.ca/ahc-asc/media/ Subpart X—Aircraft Drinking Water Rule water system that is included in an advisories-avis/2006/2006_53_e.html. Davison, A., Howard, G., Stevens, M., et al. Sec. aircraft operation and maintenance 2005. Water, Sanitation and Health 141.800 Applicability and compliance date. program approved or accepted by the Protection and the Human Environment, 141.801 Definitions. Federal Aviation Administration. (14 World Health Organization, Geneva. Water 141.802 Coliform sampling plan. CFR Part 43, 14 CFR Part 91, 14 CFR Safety Plans: Managing drinking-water 141.803 Coliform sampling. Part 121). quality from catchment to consumer. 141.804 Aircraft water system operations Finished water means water that is http://www.who.int/ and maintenance plan. introduced into the distribution system _ _ water sanitation health/. 141.805 Notification of passengers and of a public water system and is intended crew. Lehtola, M., Torvinen, E., Kusnetsov, J., et al. for distribution and consumption 2007. Survival of Mycrobacterium avium, 141.806 Reporting requirements. Legionella pneumophila, Escherichia coli, 141.807 Recordkeeping requirements. without further treatment, except as and Caliciviruses in Drinking Water- 141.808 Audits and inspections. treatment necessary to maintain water Associated Biofilms Grown under High- 141.809 Supplemental treatment. quality in the distribution system (e.g., Shear Turbulent Flow. Applied and 141.810 Violations. supplemental disinfection, addition of

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corrosion control chemicals). (40 CFR invalidation of a total coliform sample laboratory notifies the air carrier of the 141.2). Human consumption means result can only be made by the total coliform-positive result. After drinking, bathing, showering, hand Administrator in accordance with disinfection and flushing are completed, washing, teeth brushing food § 141.21(c)(1)(i), (ii), or (iii) or by the the air carrier must collect follow-up preparation, dishwashing, and State or EPA certified laboratory in samples in accordance with paragraph maintaining oral hygiene. accordance with § 141.21(c)(2). (d) of this section. Self inspection means an onsite (b) Routine Monitoring. For each (ii) Repeat Sampling. Collect four 100 review of the aircraft water system, aircraft water system, the air carrier mL repeat samples no later than 24 including the water service panel, the must collect two 100 mL total coliform hours after the laboratory notifies the air filler neck of the aircraft finished water routine samples at the frequency carrier of the total coliform-positive storage tank; all finished water storage specified in the sampling plan in result. Repeat samples must be collected tanks, piping, treatment equipment, and § 141.802. The sampling frequency must and analyzed from four taps within the plumbing fixtures; and a review of the be determined by the disinfection and aircraft as follows: the tap which aircraft operations, maintenance, flushing frequency recommended by the resulted in the total coliform-positive monitoring, and recordkeeping for the aircraft water system manufacturer and sample, one other lavatory tap, one purpose of evaluating the adequacy of as identified in the operation and other galley tap, and one other tap; if such water system components and maintenance plan in § 141.804. less than four taps exist, then a total of practices for providing safe drinking (1) Routine monitoring frequencies four 100 mL samples must be collected water to passengers and crew. must be as follows: and analyzed from the available taps Watering point means a facility where (i) If the aircraft water system is within the aircraft water system. If no finished water is transferred from a disinfected and flushed at least repeat sample is total coliform-positive, water supply to the aircraft. These quarterly, then coliform monitoring then the aircraft water system must facilities may include water trucks, must occur at least annually, or maintain the routine monitoring carts, cabinets, and hoses. (ii) If the aircraft water system is frequency for coliform as specified in disinfected and flushed one to three paragraph (b) of this section. If any § 141.802 Coliform sampling plan. times per year, then coliform monitoring repeat coliform sample is total coliform- (a) Each air carrier under this subpart must occur at least quarterly, or positive, the aircraft water system must must develop a coliform sampling plan (iii) If the aircraft water system is analyze that total coliform-positive covering each aircraft water system disinfected and flushed less than once culture medium to determine if fecal owned or operated by the air carrier that per year, then coliform monitoring must coliforms are present, except that the air identifies the following: occur at least monthly. carrier may test for E. coli in lieu of (1) Coliform sample collection (2) One sample must be taken from a fecal coliforms. procedures. lavatory and one sample from a galley; (3) If any routine or repeat sample is (2) Sample tap location(s) each must be analyzed for total fecal coliform-positive or E. coli- representative of the aircraft water coliform. positive, then the air carrier must system per § 141.803(b)(2) and (b)(3). (3) If only one water tap is located in perform all of the following: (3) Frequency and number of routine the aircraft water system due to aircraft (i) Restrict public access to the aircraft coliform samples to be collected. model type and construction, then a water system in accordance with (4) Frequency of routine disinfection single tap may be used to collect two paragraph (c)(5) of this section as and flushing as specified in the separate 100 mL samples. expeditiously as possible, but in no case operation and maintenance plan under (4) If any routine coliform sample is later than 24 hours after being notified § 141.804. total coliform-positive, the air carrier of the positive result by the laboratory; (5) Procedures for communicating must analyze that total coliform-positive (ii) Conduct disinfection and flushing sample results promptly so that any culture medium to determine if fecal pursuant to § 141.804 prior to required actions including repeat and coliforms are present, except that the resumption of unrestricted public access follow-up sampling, corrective action, system may test for E. coli in lieu of to the aircraft water system, or no later and notification of passengers and crew fecal coliforms. than 72 hours if the aircraft water may be conducted in a timely manner. (5) Routine coliform samples must not system cannot be physically (b) Aircraft with a water system be collected within 72 hours after disconnected/shut off to the crew and meeting the definition of a PWS, must completing disinfection and flushing passengers as stated in § 141.804(b)(8); be covered by a coliform sampling plan procedures. and by [DATE 6 MONTHS AFTER FINAL (c) Coliform Sample Results. (1) (iii) Collect follow-up samples RULE IS PUBLISHED IN THE Federal Negative Routine Coliform Sample pursuant to paragraph (d) of this Register]. Results. If no routine sample is total section. (c) The coliform sampling plan must coliform-positive, then the air carrier (4) If more than one routine sample or be included in the Aircraft Water must maintain the routine monitoring any repeat sample is total coliform- System Operation and Maintenance frequency for total coliform as specified positive and fecal coliform-negative (or Plan required in § 141.804. in paragraph (b) of this section. E. coli-negative), then the air carrier (2) Single Routine Total Coliform- must perform all of the following: § 141.803 Coliform sampling. Positive Sample Result that is Fecal/E. (i) Restrict public access to the aircraft (a) Analytical Methods. (1) Coliform coli-negative. In response to a single water system in accordance with sampling of aircraft public water routine total coliform-positive sample paragraph (c)(5) of this section as systems under this section need only result that is fecal/E. coli negative, the expeditiously as possible, but in no case determine the presence or absence of air carrier must perform at least one of later than 24 hours after being notified total coliforms; a determination of total the following: of the positive result by the laboratory; coliform density is not required. (i) Disinfection and Flushing. In (ii) Conduct disinfection and flushing (2) EPA approved analytical accordance with § 141.804, initiate pursuant to § 141.804 prior to methodologies must be used for the disinfection and flushing of the system resumption of unrestricted public access analysis of coliform bacteria. The no later than 72 hours after the to the aircraft water system, or no later

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than 72 hours if the aircraft water (2) Conduct disinfection and flushing (iii) In cases where a recommended system cannot be physically within 72 hours in accordance with routine disinfection and flushing disconnected/shut off to the crew and § 141.804(b)(2). frequency is not specified by the aircraft passengers as stated in § 141.804(b)(8); (3) Collect follow-up samples water system manufacturer, the air and pursuant to paragraph (d) of this carrier must perform disinfection and (iii) Collect follow-up samples section. flushing of each aircraft water system no pursuant to paragraph (d) of this (f) Failure to Collect Repeat or Follow- less frequently than quarterly. section. up Samples: If there was a failure to (3) Procedures for follow-up sampling (5) Restriction of public access collect and analyze the required number in accordance with § 141.803(d). includes, but need not be limited to, the of repeat or follow-up samples, then the (4) Training Requirements. Training following: air carrier must: for all personnel involved with the (i) Physically disconnecting or (1) Restrict public access to the aircraft water system operation and shutting off the aircraft water system aircraft water system in accordance with maintenance provisions of this where feasible; paragraph (c)(5) of this section as regulation must include, but is not (ii) Providing public notification to expeditiously as possible, but in no case limited to: passengers and crew in accordance with later than 24 hours after discovery of (i) Water boarding procedures; § 141.805; and failure to collect required samples or (ii) Sample collection procedures; (iii) Providing alternatives to use of after being notified by EPA of failure to (iii) Disinfection and flushing the aircraft water system, such as collect required samples. procedures; bottled water for drinking and coffee (2) Conduct disinfection and flushing (iv) Public health and safety reasons preparation; antiseptic alcohol based pursuant to § 141.804 prior to for the requirements of this subpart. hand gels or wipes in the galley and resumption of unrestricted public access (5) Procedures for Conducting Self- lavatories, and other feasible measures to the aircraft water system, or no later inspections of the Aircraft Water that reduce or eliminate the need to use than 72 hours if the aircraft water System. Procedures must include, but the aircraft water system during the system cannot be physically are not limited to, inspection of: Storage limited period before public use of the disconnected/shut off to the crew and tank, distribution system, supplemental aircraft water system is restored. passengers as stated in § 141.804(b)(8); treatment, fixtures, valves, and backflow prevention devices. (d) Post Disinfection and Flushing and (3) Collect follow-up samples (6) Procedures for Boarding Water. Follow-up Sampling. Following a (i) Within the United States, the air coliform-positive that requires pursuant to paragraph (d) of this section. carrier must board water from an disinfection and flushing, air carriers approved FDA watering point. must comply with post disinfection and § 141.804 Aircraft water system operations (ii) The operation and maintenance flushing follow-up sampling procedures and maintenance plan. plan must include a description of how that, at a minimum, consist of the (a) Each air carrier must have and the carrier will ensure that water following: follow an aircraft water system boarded outside the United States is safe (1) For each aircraft water system, the operation and maintenance plan for for human consumption. air carrier must collect coliform follow- each aircraft water system that it owns (iii) In no event should the air carrier up samples consisting of two 100 mL or operates. This plan must be included knowingly serve water that violates total coliform samples at the same in a Federal Aviation Administration NPDWRs. If water must be boarded that routine sample locations as identified in approved or accepted air carrier is known to violate NPDWRs, the carrier paragraphs (b)(2) and (3) of this section. operations and maintenance program must meet the requirements in (2) If one or more of the follow-up (14 CFR Part 43, 14 CFR Part 91, 14 CFR § 141.803(c)(3). samples is total coliform-positive then, Part 121). (iv) The operation and maintenance as a minimum, the air carrier must re- (b) Each aircraft water system plan must provide a description of how disinfect and flush the aircraft water operation and maintenance plan must the water will be transferred from the system in accordance with include the following: watering point to the aircraft in a § 141.804(b)(2) and take additional (1) Watering Point Selection manner that ensures it will not become follow-up samples in accordance with Requirement. All water sources must be contaminated during the transfer. paragraph (d)(1) of this section. from a Food and Drug Administration (v) The operation and maintenance (3) All follow-up sample results must (FDA) approved watering point in plan must also describe emergency be total coliform-negative before the air accordance with 21 CFR 1240.80. procedures to be used in the event that carrier provides water from the aircraft (2) Procedures for Disinfection and water is boarded to operate essential water system to passengers and crew Flushing of Aircraft Water System. systems, such as toilets, but is not and returns to the routine monitoring (i) The air carrier must conduct boarded from an FDA approved or frequency for coliform as specified in disinfection and flushing of the aircraft otherwise safe watering point, as paragraph (b) of this section. water system in accordance with or be specified above, including: (e) Failure to Collect Required Routine no less stringent than the water system (A) Notification of passengers and Samples. If there was a failure to collect manufacturer’s recommendations. The crew in accordance with § 141.805 as and analyze the required number of air carrier may conduct disinfection and expeditiously as possible, but in no case routine coliform samples, the air carrier flushing more frequently, but not less later than 24 hours after boarding the must: frequently, than the manufacturer water, and (1) Notify passengers and crew in recommends. (B) Conducting disinfection and accordance with § 141.805 as (ii) The operation and maintenance flushing within 72 hours in accordance expeditiously as possible, but in no case plan must identify the disinfection with (b)(2) of this section. later than 24 hours after discovery of frequency, type of disinfecting agent, (C) Collect follow-up samples failure to collect required samples or disinfectant concentration to be used, pursuant to § 141.803(d) of this section. after being notified by EPA of failure to and the disinfectant contact time, and (7) Coliform Sampling Plan. The air collect required samples, and flushing volume or flushing time. carrier must include the coliform

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sampling plan prepared in accordance (2) Must not contain overly technical (2) A prominent notice in the galley with § 141.802. language or very small print; directed at the crew which includes: (8) A statement as to whether the (3) Must not be formatted in a way (i) A clear statement that the water is aircraft water system can be physically that defeats the purpose of the notice; non-potable and should not be used for disconnected/shut off to the crew and (4) Must not contain language that drinking, food or beverage preparation, passengers. nullifies the purpose of the notice; or teeth brushing; (c) For existing aircraft, the air carrier (5) Must contain information in the (ii) An indication that water was must develop their operations and appropriate language(s) regarding the boarded from a watering point that has maintenance plan required by this importance of the notice reflecting a not been approved by FDA, or otherwise section by [DATE 6 MONTHS AFTER good faith effort to reach the non- determined to be safe in accordance FINAL RULE IS PUBLISHED IN THE English speaking population served, with the procedures specified in Federal Register]; including where applicable, an easily § 141.804(b)(6), or that required (d) For new aircraft, the air carrier recognized symbol for non-potable monitoring or required disinfection and must develop the operations and water. flushing was not conducted, and it is maintenance plan required by § 141.804 (d) Notice when public access to the thus not known whether the water is within the first calendar quarter of aircraft water system is restricted must contaminated; initial operation of the aircraft. include: (iii) When and where the water was (1) A prominently-displayed, clear boarded or the specific monitoring or § 141.805 Notification of passengers and statement in each lavatory indicating disinfection and flushing requirement crew. that the water is non-potable and should was not met; (a) Air Carriers must give notice for not be used for drinking, food or each aircraft in all of the following beverage preparation, hand washing, (iv) Any potential adverse health situations where: teeth brushing, or any other effects from exposure to waterborne (1) Public access to the aircraft water consumptive use; and pathogens that might be in the water; system is required to be restricted, in (2) A prominent notice in the galley (v) The population at risk, including accordance with § 141.803(c)(3) or (4); directed at the crew which includes: sensitive subpopulations particularly (2) There has been a failure to collect (i) A clear statement that the water is vulnerable if exposed to the required samples, in accordance with non-potable and should not be used for contaminant in the drinking water; and § 141.803(e) or (f); drinking, food or beverage preparation, (vi) A statement indicating when the (3) Water has been boarded from a hand washing, teeth brushing, or any system will be disinfected and flushed watering point that has not been other consumptive use; and returned to full service if known; approved by FDA, or otherwise (ii) A description of the violation or (g) The following standard health determined to be safe in accordance situation triggering the notice, including effects language must be included in with the procedures specified in the contaminant(s) of concern; each public notice to the crew. § 141.804(b)(6); and (iii) When the violation or situation (1) Health effects language to be used (4) The Administrator, the carrier, or occurred; when notice was triggered by detection the crew otherwise determine that (iv) Any potential adverse health of total coliforms only (not fecal notification is necessary to protect effects from the violation or situation, as coliforms or E. coli): public health. appropriate, under paragraph (g) of this (b) Air carriers must provide Coliform are bacteria that are naturally section. present in the environment and are used as notification to passengers and crew (v) The population at risk, including an indicator that other, potentially harmful, within 24 hours of being informed of sensitive subpopulations particularly bacteria may be present. Coliforms were sample results or other events which vulnerable if exposed to the found in [INSERT NUMBER OF SAMPLES trigger notification, or within 24 hours contaminant in the drinking water; DETECTED] samples collected and this is a of being informed by EPA to perform (vi) What the air carrier is doing to warning of potential problems. If human notification, whichever occurs first. correct the violation or situation; and pathogens are present, they can cause short- Notification must be in a form and (vii) When the air carrier expects to term health effects, such as diarrhea, cramps, manner reasonably calculated to reach return the system to unrestricted access; nausea, headaches, or other symptoms. They all passengers and crew while onboard (e) If access to the water system by may pose a special health risk for infants, young children, some of the elderly, and the aircraft by using one or more of the passengers is physically prevented through disconnecting or shutting off people with severely compromised immune following forms of delivery: systems. (1) Broadcast over public the water, or if water is supplied only announcement system on aircraft; to lavatory toilets, and not to any (2) Health effects language to be used (2) Posting of the notice in lavatory taps, then only the notice when any routine or repeat sample is conspicuous locations throughout the specified in paragraph (d)(2) of this fecal coliform positive or E. coli area served by the water system. These section is required. positive: locations would normally be the galleys (f) Notice when water has been Fecal coliform and E. coli are bacteria and in the lavatories of each aircraft boarded from a watering point not whose presence indicates that the water may requiring posting; approved by FDA or otherwise be contaminated with human or animal (3) Hand delivery of the notice to determined to be safe in accordance wastes. Microbes in these wastes can cause passengers and crew; with the procedures in § 141.804(b)(6), short-term health effects, such as diarrhea, (4) Another delivery method or when required monitoring or cramps, nausea, headaches, or other approved in writing by the required disinfection and flushing was symptoms. They may pose a special health Administrator. not conducted must include: risk for infants, young children, some of the (c) All notification must continue (1) A prominently-displayed, clear elderly, and people with severely compromised immune systems. until all follow-up coliform samples are statement in each lavatory indicating total coliform-negative. Each notice: that the water is non-potable and should (3) Health effects language to be used (1) Must be displayed in a not be used for drinking, food or when notice was triggered by an event conspicuous way when printed or beverage preparation, or teeth brushing; other than a coliform-positive sample, posted; and including where required monitoring

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and analysis or flushing and (b) The air carrier must report the been addressed within 90 days of disinfection was not conducted and following information to the identification of the deficiency, the where water was boarded from a Administrator: report must also include a description of watering point that has not been (1) A complete inventory of aircraft the deficiency, an explanation as to why approved by FDA or was not otherwise that are public water systems by [DATE it has not yet been addressed, and a determined to be safe in accordance 6 MONTHS AFTER FINAL RULE IS schedule for addressing it as with procedures specified in PUBLISHED IN THE Federal Register]. expeditiously as possible. § 141.804(b)(6): Inventory information includes: (d) All information required to be (i) The unique aircraft identifier reported to the Administrator under this Because [REQUIRED MONITORING AND ANALYSIS WAS NOT CONDUCTED], number; subpart must be in an electronic format [REQUIRED DISINFECTION AND (ii) The status of the aircraft water established or approved by the FLUSHING WAS NOT CONDUCTED] system as active or inactive; Administrator. If an air carrier is unable [WATER WAS BOARDED FROM A (iii) The type and location of any to report electronically, the air carrier WATERING POINT NOT APPROVED BY treatment equipment installed on the may use an alternative approach that the FDA], or [other appropriate explanation], we water system; and Administrator approves. cannot be sure of the quality of the drinking (iv) Whether aircraft water can be shut water at this time. However, drinking water off and the extent to which it can be § 141.807 Recordkeeping requirements. contaminated with human pathogens can made inaccessible to the passengers and (a) The air carrier must keep records cause short-term health effects, such as crew. of bacteriological analyses for at least 5 diarrhea, cramps, nausea, headaches, or other (2) Changes in aircraft inventory no years and must include the following symptoms. They may pose a special health later than 10 days following the information: risk for infants, young children, some of the (1) The date, time and place of elderly, and people with severely calendar month in which the change compromised immune systems. This water occurred. Changes in inventory sampling, and the name of the person may be used for hand washing, but not for information include: who collected the sample; drinking, food or beverage preparation, or (i) The unique identifier number for (2) Identification of the sample as a teeth brushing. any new aircraft, or any aircraft routine, repeat, follow-up or other removed from the carrier’s fleet; special purpose sample; § 141.806 Reporting requirements. (ii) Change in status of any aircraft (3) Date of the analysis; (a) Reporting of the development of water systems (active to inactive or vice (4) Laboratory and person responsible the coliform sampling plan and the versa); and for performing the analysis; (5) The analytical technique/method operations and maintenance plan and (iii) Type and location of any used; and coliform sampling frequency. treatment equipment added to or removed from the water system. (6) The results of the analysis. (1) The air carrier must report to the (3) All sampling results no later than (b) The air carrier must keep records Administrator that they have developed 10 calendar days following the of any disinfection and flushing for at the coliform sampling plan required by monitoring period in which the least 5 years. § 141.802 that covers each existing (c) The air carrier must keep records sampling occurred. The monitoring aircraft water system as well as report of a self-inspection for at least 10 years. period is based on the monitoring the frequency for routine coliform (d) The air carrier must maintain frequency identified in the coliform sampling identified in the coliform sampling plans and make such plans sampling plan required under § 141.802. available for review by the sampling plan by [DATE 6 MONTHS (4) All events requiring notification to Administrator upon request, including AFTER FINAL RULE IS PUBLISHED IN passengers and crew and non-routine THE Federal Register]. The air carrier during compliance audits. disinfection and flushing must be (e) The air carrier must maintain must report to the Administrator that reported within 10 days of the event they have developed their operations aircraft water system operation and triggering the notification or maintenance plans in accordance with and maintenance plan required by disinfection and flushing requirement § 141.804 by [DATE 6 MONTHS AFTER FAA requirements; and make such (e.g., notification of positive sample plans available for review by the FINAL RULE IS PUBLISHED IN THE result by laboratory), including an Federal Register]; Administrator upon request, including indication of whether required during compliance audits. (2) For each new aircraft meeting the notification was provided to passengers (f) The air carrier must keep notices definition of an aircraft water system, and/or crew. to passengers and crew issued as which becomes operational after (5) The air carrier must report to EPA required by this subpart for at least 3 promulgation of the ADWR, the air within 10 calendar days the failure to years after issuance. carrier must report to the Administrator comply with the monitoring or that they have developed the coliform disinfection and flushing requirements § 141.808 Audits and inspections. sampling plan required by § 141.802 as of this proposed regulation. (a) The Administrator may conduct well as report the frequency for routine (c) The air carrier must provide routine compliance audits as deemed coliform sampling identified in the evidence of a self-inspection to the necessary in providing regulatory coliform sampling plan within the first Administrator within 90 days of oversight to ensure proper calendar quarter of initial operation of completion of the self-inspection implementation of the requirements in the aircraft. The air carrier must report required under § 141.808(b), including this subpart. Compliance audits may to the Administrator that they have an indication that all deficiencies were include, but are not be limited to: included the aircraft’s water system in addressed in accordance with (1) Bacteriological sampling of aircraft the operations and maintenance plan § 141.808(c). The air carrier must also water system; required by § 141.804, and indicate the report to the Administrator within 90 (2) Reviews and audits of records as routine coliform sampling frequency for days that any deficiencies identified they pertain to water system operations the aircraft, within the first calendar during a compliance audit conducted in and maintenance such as log entries, quarter of initial operation of the accordance with § 141.808(a) have been disinfection and flushing procedures, aircraft. addressed. If any deficiency has not and sampling results; and

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(3) Observation of procedures § 141.809 Supplemental treatment. (4) It has one or more fecal coliform involving the handling of finished (a) Any onboard drinking water positive or E. coli positive sample in water, watering point selection, treatment units installed onboard any monitoring period (routine and boarding of water, operation, existing or new aircraft must be repeat samples are used in this disinfection and flushing, and general acceptable to FAA and FDA; must meet determination). maintenance and self-inspections of the applicable NSF/ANSI Standards; (b) An air carrier is in violation of this aircraft water system. and must be installed, operated, and subpart when for any aircraft water (b) Air carriers or their representatives maintained in accordance with the system it owns or operates any of the must perform a self-inspection of all manufacturer’s plans and specifications following occur: water system components for each and FAA requirements. (1) It fails to provide notification to (b) Water treatment and production aircraft water system no less frequently passengers and crew in accordance with equipment must produce water that than once every 5 years. § 141.805. meets the standards prescribed in this (c) The air carrier must address any part. (2) It fails to comply with the deficiency identified during routine reporting and recordkeeping compliance audits or self-inspections § 141.810 Violations. requirements of this subpart. within 90 days of identification of the (a) An air carrier is in violation of this (3) It fails to conduct a self-inspection deficiency or where such deficiency is subpart and must provide notification to or address a deficiency in accordance identified during extended or heavy passengers and crew onboard any with § 141.808. maintenance before the aircraft is put aircraft it owns or operates for which (4) It fails to develop a coliform back into service. This includes any any of the following occur: deficiency in the water system’s design, sampling plan in accordance with (1) It fails to disinfect and flush in § 141.802, or fails to have and follow an construction, operation, maintenance, or accordance with §§ 141.803 and administration, as well as any failure or operations and maintenance plan, 141.804. which is included in a FAA approved malfunction of any system component (2) It fails to monitor for coliforms in or accepted program in accordance with that has the potential to cause an accordance with § 141.803. unacceptable risk to health or that could (3) It fails to perform any of the § 141.804. affect the reliable delivery of safe requirements in accordance with [FR Doc. E8–7035 Filed 4–8–08; 8:45 am] drinking water. § 141.803(c). BILLING CODE 6560–50–P

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Part IV

Department of the Treasury Internal Revenue Service

26 CFR Parts 1 and 301 Source Rules Involving U.S. Possessions and Other Conforming Changes; Final Rule

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DEPARTMENT OF THE TREASURY regulations was published in the applicable to each territory, including Federal Register on the same day. the rules regarding the filing Internal Revenue Service Written comments were received in requirements and the determination of response to the notice of proposed the income tax liability of bona fide 26 CFR Parts 1 and 301 rulemaking and a public hearing on the residents and other persons with [TD 9391] proposed regulations was held on July territory source income. In addition to 21, 2005. the rules under Code sections 937(b) RIN 1545–BF85 After consideration of the comments, and 931 through 935, the final the Treasury Department and the IRS on regulations provide conforming changes Source Rules Involving U.S. January 31, 2006, published in the to rules under related provisions of the Possessions and Other Conforming Federal Register final regulations (TD Code. Changes 9248, 71 FR 4996, as corrected at 71 FR The Treasury Department and the IRS AGENCY: Internal Revenue Service (IRS), 14099) under section 937(a) concerning recognize that the interaction of section Treasury. the determination of bona fide residency 937 and other sections of the Code in the territories. Following further ACTION: Final regulations and removal of relating to the territories requires a comments and consideration, the temporary regulations. balance between implementing the Treasury Department and the IRS on policies Congress intended in section SUMMARY: This document contains final November 14, 2006, published in the 937(b) while recognizing the territories’ regulations that provide rules under Federal Register final regulations (TD efforts to retain and attract workers and section 937(b) of the Internal Revenue 9297, 71 FR 66232, as corrected at 71 FR businesses. As discussed in more detail Code (Code) for determining whether 75882) under section 937(a) providing in this preamble, the final regulations income is derived from sources within additional rules for determining bona seek to achieve this balance. For a U.S. possession or territory specified fide residency in the territories. example, the final regulations allow an in section 937(a)(1) (generally referred The proposed regulations relating to individual to elect, under the special to in this preamble as a ‘‘territory’’) and source and effectively connected gain rule that applies to property owned whether income is effectively connected income with respect to the territories by an individual before the individual with the conduct of a trade or business (specifically, §§ 1.937–2 and 1.937–3) as became a bona fide resident of the within a territory. The final regulations well as the other rules concerning the territory, to treat as territory source the also provide guidance under sections territories are adopted as amended by portion of the gain that accrued while 876, 881, 884, 931, 932, 933, 934, 935, this Treasury decision, and the the individual was a bona fide resident 957, and 6688 of the Code to reflect corresponding temporary regulations are of the territory. The Treasury amendments made by the Tax Reform removed. Department and the IRS will continue to Act of 1986, Public Law 99–514 (100 Explanation of Provisions and consider comments received and Stat. 2085) (the 1986 Act) and the Summary of Comments anticipate that additional changes to the American Jobs Creation Act of 2004, The final regulations under Code final regulations may be made. Public Law 108–357 (118 Stat. 1418) section 937(b) provide rules for I. Territory Source Income and (the 2004 Act). Conforming changes are determining whether income is from Territory ECI also made to regulations under sections sources within a territory and whether 1, 170A, 861, 871, 901, 1402, 6038, income is effectively connected with the A. Territory Source Income 6046, and 7701 of the Code. conduct of a trade or business within a Section 937(b)(1) expressly grants the DATES: Effective Date: These regulations territory (territory ECI). Section Treasury Department and the IRS the are effective on April 9, 2008. 937(b)(1) provides that, except as regulatory authority to provide Applicability Date: For dates of provided in regulations, rules similar to exceptions to the general territory applicability, see §§ 1.1–1(d), 1.170A– the rules for determining whether source rule, which otherwise applies 1(k), 1.861–3(d), 1.861–8(h), 1.871–1(d), income is from sources within the sourcing principles similar to those of 1.876–1(f), 1.881–1(f), 1.881–5(i), 1.884– United States or is effectively connected the U.S. source rules. The legislative 0(b), 1.901–1(j), 1.931–1(d), 1.932–1(j), with the conduct of a trade or business history to section 937 indicates that 1.933–1(e), 1.934–1(e), 1.935–1(g), within the United States will apply for Congress intended that the Treasury 1.937–2(l), 1.937–3(f), 1.957–3(d), purposes of determining whether Department and the IRS use this 1.1402(a)–12(c), 1.6038–2(m), 1.6046– income is from sources within a authority to provide exceptions to the 1(l), 301.6688–1(d), 301.7701(b)–9(b)(5). specified territory or effectively general rules regarding territory source FOR FURTHER INFORMATION CONTACT: connected with the conduct of a trade income and territory ECI as appropriate. J. David Varley (202) 435–5262 (not a or business in any such territory. H.R. Conf. Rep. 108–755, at 795 (2004). toll-free number). Section 937(b)(2) provides that, except The legislative history indicates that SUPPLEMENTARY INFORMATION: as provided in regulations, any U.S. Congress anticipated that the regulatory source income or U.S. effectively authority would be used to continue the Background connected income will not be treated as existing treatment of income from the On April 11, 2005, the Treasury territory source income or as territory sale of goods manufactured in a territory Department and the IRS published in ECI. and to prevent abuse, such as acquiring the Federal Register temporary The U.S. tax consequences of residence in a territory just prior to the regulations (TD 9194, 70 FR 18920, as classifying income as being from disposition of appreciated property in corrected at 70 FR 32589–01), which sources within a territory or as being order to avoid U.S. tax on such provided rules to implement section 937 territory ECI vary from territory to disposition. Id. and to conform existing regulations to territory. The final regulations under Under the temporary and proposed other legislative changes with respect to Code sections 931 through 935 contain regulations, except as otherwise the territories. A notice of proposed rules implementing the operative specifically provided, the principles of rulemaking (REG–159243–03, 70 FR substantive and procedural provisions sections 861 through 865 and the 18949) cross-referencing the temporary of U.S. income tax law specifically regulations under those provisions

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generally apply for purposes of from within or without a territory. 3. Transportation Income determining the gross and taxable However, the final regulations provide Under section 863(c)(1), income from sources within and that additional substitutions may be transportation income is treated as U.S. without a territory. The temporary and necessary to accomplish the intent of source if it is attributable to proposed regulations further state that section 937(b). transportation beginning and ending in in the application of such principles, The final regulations also provide a the United States. However, section the name of the relevant territory will be necessary limitation and rule of 863(c)(2) provides that if the used instead of the term ‘‘United application to reflect the Congressional transportation begins or ends in the States’’; the term ‘‘bona fide resident of’’ intent in enacting the rules of section United States but is not described in followed by the name of the relevant 937(b)(1). Under this limiting rule, in no section 863(c)(1), then one-half of the territory will be used instead of the term income is U.S. source (the 50–50 source ‘‘United States resident’’; and the term event will a bona fide resident of a territory or other person have, as a result rule). Section 863(c)(2) provides an ‘‘domestic’’ will be construed to mean exception to the 50–50 source rule in created or organized in the relevant of the application of the principles of the case of transportation income territory. the U.S. source rules, more income from derived from personal services of a The temporary and proposed sources within the relevant territory regulations also provide exceptions to than the amount of income from sources taxpayer, unless such income is the general rule for determining whether within the United States that a similarly attributable to transportation that begins income is from sources within a situated U.S. person who is not a bona (or ends) in the United States and ends territory. In accordance with the fide resident of a territory would have (or begins) in a territory. In the case of legislative history to the 2004 Act, the under the U.S. source rules. transportation income derived in temporary and proposed regulations connection with a vessel, the rules of Conforming amendments are made to section 863(c)(2) apply only in the case preserve the manufacturing-sales the territory ECI rules to reflect these income rules in § 1.863–3(f). In of taxpayers who are citizens or resident amendments to the territory source aliens. addition, the temporary and proposed rules. See part I.B. Taxpayers may regulations provide special rules Commentators argued that the rules of choose to apply the amendments to the section 863(c)(2) should not apply to preventing dividends and interest paid territory source and ECI rules by certain closely held territory transportation income derived from retroactively to open taxable years corporations from being territory source personal services of bona fide residents ending after October 22, 2004. income. Similarly, the temporary and of the U.S. Virgin Islands. These commentators argued that the proposed regulations provide that gains 2. Space and Ocean Income and application of these rules to a bona fide from dispositions of appreciated International Communications Income property owned by an individual prior resident of the U.S. Virgin Islands is to becoming a resident is not territory Section 863(d) provides that income contrary to Congressional intent in source income under a special 10-year derived from space or ocean activity is enacting section 934(b), as interpreted look-back rule, and there are special sourced within the United States if it is by the commentators. Accordingly, they rules regarding compensation for derived by a U.S. person and is sourced maintained, the Treasury Department military service. As discussed in more without the United States if derived by and the IRS should exercise their detail in part I.C., the temporary and a foreign person. Section 863(e) regulatory authority under section proposed regulations also reflect section generally provides that income derived 937(b)(1) to provide that transportation 937(b)(2), which is the statutory from international telecommunications income that is derived from personal exception to the general territory source activity by a U.S. person is treated as services of a bona fide resident of the rule. one-half from sources within the United U.S. Virgin Islands and that otherwise would be sourced under the 50–50 1. General Territory Source Rule States and one-half from sources without the United States. source rule principles of section In response to the temporary and Commentators specifically requested 863(c)(2), should be sourced entirely proposed regulations, commentators greater clarity regarding how the within the U.S. Virgin Islands, requested further guidance regarding the principles of sections 863(d) and (e) regardless of the beginning or endpoint application of the general rule for were to be applied to determine whether of the transportation to which the income is attributable. determining whether income is from income from space and ocean activity The Treasury Department and the IRS sources within a territory. In particular, and international communications is believe that their regulatory authority commentators questioned whether, in from sources within a territory. applying the principles of section 861 under section 937(b)(1) does not extend through 865, the only permissible The Treasury Department and IRS to deviating from the source rules of modifications to the U.S. source rules agree that the kinds of further section 863(c)(2). Congress clearly were the substitutions described in modifications to the general rule that are contemplated territorial tax issues when § 1.937–2T(b). discussed in part I.A.1 would be enacting section 863(c) as it provided The Treasury Department and the IRS specifically warranted with respect to special source rules in the case of agree that the general rule for applying the principles of the space and transportation income derived from determining whether income is from ocean and international transportation between the United sources within a territory should be communications source rules in the States and the territories. See H.R. Conf. modified to provide greater flexibility in territories. Consequently, the final Rep. 98–861, at 1622 (1984). Congress applying the principles of sections 861 regulations provide that in applying the intended that these rules also would through 865 as well as to prevent abuse. principles of section 863(d) and (e) to apply for purposes of determining the Consequently, the final regulations determine whether a bona fide source of income in territories that provide that it generally will be resident’s income is within or without mirror the U.S. income tax. Id. When sufficient to make certain specified a territory, the term ‘‘bona fide resident section 863(c)(2) was amended by the substitutions described in § 1.937–2(b) of a possession’’ will be used instead of 1986 Act, the same legislation that when determining whether income is the term ‘‘United States person.’’ enacted sections 932 and 934(b)

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applicable to the U.S. Virgin Islands, administration. Accordingly, the final subject to the special gain rule by using Congress preserved the special 50–50 regulations eliminate the rule in the a mark-to-market allocation in the case source rule applicable to transportation temporary and proposed regulations of marketable securities and a time- between the United States and a that specifically provides that in based allocation rule in the case of other territory and specifically applied the applying the principles of section personal property. This election will rule to such income that is derived from 861(a)(3), the de minimis exception more accurately target the abuse that the personal services. See H.R. Conf. Rep. does not apply. An example in the final special gain rule was intended to 99–841, at II–599 (1986). regulations illustrates that a U.S. citizen address. The election also operates to Furthermore, the commentators or resident who is not a bona fide modify the special gain rule of the 1986 premised their argument for changing resident of a territory but who performs Act, as authorized therein. Individuals the source of transportation income on services in a territory temporarily for no may retroactively apply the election to section 934, which only applies to the more than 90 days during the taxable dispositions made after April 11, 2005. U.S. Virgin Islands. In the 2004 Act, year and for no more than $3000 (in the Congress sought to rationalize the aggregate) generally will not have B. Territory ECI source of income rules applicable to the income from sources within the Section 937(b)(1) provides that rules territories. See H.R. Conf. Rep. 108–755, territory. similar to those for determining whether at 794 (2004). Thus, the rules set forth income is effectively connected with the in section 937 for determining bona fide 5. Gains From Certain Dispositions of Personal Property conduct of a trade or business within residency and source of income are the United States should also apply in intended to apply uniformly to the The temporary and proposed determining whether income is territory territories rather than to provide tailored regulations provide a special rule for ECI, except as provided in regulations. exceptions applicable to only certain gains from dispositions of certain Accordingly, the temporary and territories such as the U.S. Virgin property held by a U.S. person prior to proposed regulations generally provide Islands. becoming a resident of a territory. See that the principles of section 864(c)(4) Consequently, § 1.937–2 does not § 1.937–2T(f)(1). Under this rule, gains apply for purposes of determining incorporate special rules with respect to from dispositions of such property whether any income from sources transportation income between the within 10 years after becoming a without a territory (U.S. source or other United States and the U.S. Virgin territory resident generally are treated as non-territory source income) is treated Islands. income from sources outside of the as territory ECI. territory. The special gain rule 4. De Minimis Rule supplements, and does not supersede, Section 864(c)(4) limits the types of Section 861(a)(3) generally provides the similar special gain rule of section income from foreign sources that can be that compensation for labor or personal 1277(e) of the 1986 Act, which applies effectively connected income to certain services performed in the United States to individuals who become residents of rents or royalties; dividends or interest is U.S. source income. Under the American Samoa, Guam, or the connected with the conduct of a principles of section 861(a)(3), income Northern Mariana Islands (NMI) banking or financial business; gain from from services performed in a territory is (collectively, the Pacific territories). the sale or exchange of inventory; and treated as territory source income. Commentators noted that the special insurance company income. Personal However, while section 861(a)(3) gain rule characterizes all gain from services income that is foreign source provides a de minimis exception to this property of former U.S. residents as cannot be effectively connected income general rule for services performed by non-territory source income, including under section 864(c)(4). nonresident aliens in the United States any gain attributable to appreciation Commentators requested that, instead for minimal compensation over a short that occurs while the individual is a of applying the principles of section period of time, the temporary and bona fide resident of the relevant 864(c)(4), the final regulations adopt the proposed regulations specifically territory. For example, if a U.S. citizen principles of section 864(c)(2) and (c)(5) provide that the de minimis exception and lifelong resident of a territory who for purposes of determining whether does not apply for determining whether owns stock in a corporation moves to income from sources without a territory income from services is from sources the United States for a few years and is territory ECI. This would expand the within a territory. Consequently, a U.S. then re-establishes bona fide residence types of non-territory source income citizen or resident alien who is not a in the territory and sells the stock that could be treated as territory ECI and bona fide resident of the U.S. Virgin within 10 years, most of the particularly would include income from Islands, for example, may have to file an appreciation in the stock may be personal services. For territories such as income tax return with and pay tax to attributable to the period in which the the U.S. Virgin Islands this would mean the U.S. Virgin Islands under section individual was a bona fide resident of that additional types of non-territory 932(a) even if the individual is engaged the territory. However, under the special source income may be eligible for in only de minimis personal services in gain rule, because of the period of U.S. reductions of territorial income tax the territory. In this regard, the residence, none of the gain would because section 934(b) allows the U.S. temporary and proposed regulations qualify as territory source income. Virgin Islands to reduce its territorial carry over the pre-existing rules in The Treasury Department and the IRS income tax on income that is effectively former § 1.863–6 for determining agree that the special gain rule should connected with the conduct of a trade income within and without a territory. be modified to target more precisely or business in the U.S. Virgin Islands. See § 1.863–6 (2004). gain attributable to appreciation These commentators believe that Several commentators requested a de occurring during the time that an Congress intended for section 934 (and minimis exception to the general rules individual was not a bona fide resident similar provisions applicable to other for the sourcing of income from of the relevant territory. Accordingly, territories) to promote economic activity personal services in a territory. The the final regulations provide that an in the territories and that the section Treasury Department and the IRS agree individual may elect to split the source 937 regulations should better reflect the that such a rule reduces taxpayer of gains from the sale or other policy choices that these commentators burden and promotes efficient tax disposition of appreciated property believe were made in section 934(b).

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Congress provided in section derived from investments from sources within a territory or as territory ECI (the 937(b)(1) that rules similar to those for outside of the territories. Id. U.S. income rule). The legislative determining whether income is Other commentators suggested that history to section 937(b)(2) indicates effectively connected with the conduct U.S. source services income should be that Congress wanted the Treasury of a trade or business within the United treated differently from other non- Department and the IRS to create States should also apply in determining territory source services income. regulatory exceptions to the general whether income is territory ECI, except Specifically, they suggested that the rules for determining territory source as provided in regulations. The rules of section 864(c)(4) should apply and territory ECI and to the U.S. income legislative history to section 937 to U.S. source personal services income rule ‘‘as appropriate.’’ H.R. Conf. Rep. indicates that Congress was concerned while the principles of section 864(c)(2) 108–755, at 794. Congress anticipated about U.S. citizens and residents and (c)(5) should apply to other non- that these exceptions would be used ‘‘to claiming to be exempt from U.S. tax on territory source personal services prevent abuse.’’ Id. at 795. Congress was their worldwide income and claiming income. The Treasury Department and ‘‘concerned that the general rules for reductions from territorial income tax the IRS note that the legislative history determining whether income is when they did not live and work in the to section 937 indicates that Congress effectively connected with the conduct territories. H.R. Conf. Rep. 108–755, at was concerned about U.S. citizens and of a trade or business in a [territory] 793–94. Adopting the principles of residents claiming reduced rates of present numerous opportunities for section 864(c)(2) and (c)(5) to determine territorial income taxation on personal erosion of the U.S. tax base.’’ Id. at 794. whether income is territory ECI would services income by individuals that The temporary and proposed allow personal services income derived were not living and working in the regulations generally adopt the U.S. from sources outside a territory (for territories. H.R. Conf. Rep. 108–755, at income rule without exception. example, U.S. source income) to be 793–94. Congress also expressed However, the temporary and proposed treated as territory ECI, contrary to concern about possible opportunities for regulations tighten the provision by Congressional intent. The Treasury erosion of the U.S. tax base associated adding an anti-conduit rule to prevent Department and the IRS do not believe with the territory ECI rule. Id. the avoidance of the U.S. income rule. their regulatory authority extends to For these reasons, the Treasury In response to the temporary and prescribing the use of the principles of Department and IRS have not adopted proposed regulations, commentators section 864(c)(2) and (c)(5) for purposes the commentators’ suggestions regarding requested that the Treasury Department of determining whether income for the determination of whether income is and the IRS exercise their regulatory sources without a territory is territory effectively connected with the conduct authority to provide additional ECI. of a trade or business in a territory exceptions to the U.S. income rule. under section 937(b)(1). Accordingly, 1. Scope of the U.S. Income Rule Furthermore, section 934 does not the general rule in the temporary and provide a basis for interpreting the proposed regulations for determining Numerous commentators argued that regulatory authority under section territory ECI is adopted in the final the scope of the U.S. income rule should 937(b) in such a liberal manner. In regulations with minor modifications. be narrowed. The commentators argued enacting section 937, Congress amended Similar to the modifications made to that without additional regulatory the rules related to the territories the general rule for determining whether exceptions, the U.S. income rule will notwithstanding section 934. Moreover, income is from sources within a hamper efforts to promote private sector the legislative history to section 934 territory, the final regulations amend the economic development in the territories does not reflect these commentators’ general territory ECI rule to provide that because it does not permit a territory to view of Congressional intent in enacting additional substitutions beyond the provide tax reductions for U.S. source section 934. Even while recognizing the routine substitution of the name of the business income even if all of the goal of encouraging economic relevant territory for the term ‘‘United activity generating that income occurs development in the U.S. Virgin Islands States’’ may be necessary in some cases in the territory. In addition, these through appropriate territorial income to accomplish the intent of section commentators argued that Congress tax reductions, the legislative history of 937(b)(1). The final regulations also intended to encourage the economic section 934 indicates that the statute adopt a limitation similar to its development of the territories by was enacted in part because of concerns counterpart in the general territory allowing, for example, the U.S. Virgin that certain territorial income tax source rule, precluding any application Islands to provide territory tax programs, which were intended to of the principles of section 864(c) from incentives under section 934 with provide incentives to corporations and resulting in a greater amount of territory respect to income effectively connected residents of the U.S. Virgin Islands that ECI than the amount of U.S. effectively with the conduct of a trade or business made new investments in the U.S. connected income that a similarly in the U.S. Virgin Islands, even where Virgin Islands, were having the effect of situated U.S. person who is not a bona that income is from U.S. sources. reducing the tax liability attributable to fide resident of a territory would have Commentators proposed various not only income from sources within under U.S. rules. Taxpayers may choose amendments to the general scope of the the territory but also income from to apply these rules in § 1.937–3(b) U.S. income rule. For example, one sources within the United States. S. retroactively to open taxable years commentator essentially suggested that Rep. No. 1767, 86th Cong. 2nd Sess. 4 ending after October 22, 2004. the U.S. income rule should not apply (1960); see also H.R. Rep. No. 99–426, to income that is already treated as at 485–486 (1985); and S. Rep. No. 99– C. U.S. Income Rule territory ECI under the general rule of 313, at 479 (1986). The legislative Section 937(b)(2) provides that section 937(b)(1), which applies the history to section 934 indicates that notwithstanding the general territory principles of section 864(c)(4) to income economic development in the U.S. source rule, any income from sources from U.S. sources. Thus, under this Virgin Islands should not be attained by within the United States or effectively suggestion, the U.S. income rule would granting tax reductions to taxpayers connected with the conduct of a trade have no application to the (other than certain U.S. Virgin Islands or business within the United States is determination of whether U.S. source corporations) with respect to income not treated as income from sources income may be treated as territory ECI.

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The commentator further argued that incentives, a result that potentially that their regulatory authority extends to Congress was only concerned about U.S. could lead to an erosion of the U.S. tax removing income derived from the source personal services income being base with respect to income that is from specified activities from the express treated as territory ECI and that such U.S. sources or effectively connected coverage of the U.S. income rule under income is already prevented from being with the conduct of a U.S. trade or section 937(b)(2). However, the final treated as territory ECI if the principles business. In light of the Congressional regulations do provide additional of section 864(c)(4) apply under the concerns with U.S. base erosion and the examples illustrating that income from general rule. consequent lack of authority to provide personal services that, for example, lead This purportedly limited purpose for such a broad regulatory exception, the to the development of intangible enacting section 937(b)(2) is difficult to final regulations do not adopt a property is not subject to the U.S. reconcile with the statute’s breadth, as permanent establishment standard as income rule if such services income is a broad application to U.S. source part of the U.S. income rule. from territory sources. See part I.C.2. income appears to be the most Some commentators similarly significant effect of the U.S. income suggested that the U.S. income rule 2. Examples Illustrating the U.S. Income rule. If adopted, such a rule would should apply only when an item of Rule render the U.S. income rule largely income is both U.S. source and Although the proposed and temporary unnecessary. The legislative history to attributable to a U.S. office or fixed regulations include several examples section 937 indicates that Congress place of business. Thus, any U.S. source applying section 937(b) and temporary clearly intended that the U.S. income income not effectively connected with a regulations §§ 1.937–2T and –3T, rule would apply to prevent U.S. source trade or business in the United States comments received by the Treasury income from being treated as territory could be treated as territory ECI and Department and the IRS indicated a ECI. The legislative history also therefore qualify for tax incentives in need for additional examples indicates that Congressional concern certain territories. This suggested illustrating the operation of the U.S. about the erosion of the U.S. tax base change also would render the U.S. income rule. In Notice 2006–76 (2006– through the source and effectively income rule inapplicable to all territory 38 IRB 459) (see § 601.601(d)(2)(ii)(b)), connected income rules was a more source income that is effectively the Treasury Department and the IRS general concern and not limited to connected with the conduct of a U.S. provided two additional examples in personal services income. Consequently, trade or business. The legislative history response to this concern and explained the Treasury Department and the IRS do to section 937 does not suggest that that taxpayers may treat the examples not believe that their regulatory Congress intended the Treasury set forth in the notice as illustrative of authority under section 937(b)(2) Department to exercise its regulatory the rules in the temporary regulations. extends to providing such a broad authority to allow income earned by a The Treasury Department and the IRS exception to the U.S. income rule. U.S. trade or business to receive also signaled in the notice that these Other commentators suggested that territory tax benefits. Therefore, the two additional examples, or the U.S. income rule should apply only Treasury Department and the IRS do not substantially similar examples, would when an item of income is U.S. source believe there is adequate regulatory be included in the final regulations. or attributable to a U.S. permanent authority to adopt this suggestion. Commentators responded positively establishment, as determined under the Other commentators requested to the publication of the examples in U.S. model treaty rules, as opposed to exceptions to the U.S. income rule for Notice 2006–76, and the Treasury income effectively connected with the certain classes of non-territory source Department and the IRS did not receive conduct of a U.S. trade or business. In income that may otherwise be territory any substantive questions or comments. the case of territory source income or ECI. For example, commentators Accordingly, the examples in Notice territory ECI, this suggested change requested that insurance income from 2006–76 are included in the final would essentially limit the application insuring U.S. risks, interest income from regulations. of the U.S. income rule to income that U.S. payors to finance centers, or rents The final regulations also provide a is attributable to a fixed place of and royalties from the use of intangible new example with respect to the business in the United States. property in the United States be provision of contingent-payment This suggestion would permit a trade excepted from the scope of the U.S. contractual terms for services performed or business to carry on significant income rule to the extent income is in a territory. This example clarifies that activities in the United States as long as territory ECI. These commentators compensation income received for it does not do so through a fixed asserted that, notwithstanding that such providing personal services that lead to physical location, such as an office, income is generally U.S. source, the the development of intangible property branch, factory, or place of management, economic activity that gives rise to the for the service recipient is not subject to or as long as it maintains a facility in the income occurs in the territories. the U.S. income rule to the extent that U.S. that is used for certain permissible Accordingly, these commentators the compensation income is from activities such as storing, displaying, or argued, this income does not provide sources within the territory. delivering goods, purchasing or the opportunities to erode the U.S. tax collecting information, or other base that the U.S. income rule was II. Operative Provisions activities of a preparatory or auxiliary intended to prevent. A. American Samoa nature, such as advertising or supplying Even though the activities giving rise information. See U.S. Treasury to these classes of income may result Under section 931(a), income from Department, Model Income Tax Treaty from sufficient economic activity in the sources in a section 931 possession art. 5 (2006). A territory business could territory so that the income otherwise generally is excluded from the gross also utilize independent agents to carry would constitute territory ECI, the income of a bona fide resident of a on business in the United States without Treasury Department and the IRS note section 931 possession. (American triggering the U.S. income rule. Id. that these classes of income often arise Samoa currently is the only section 931 If the U.S. income rule did not apply, in part from U.S.-based activities such possession because it is the only income attributable to these activities as marketing. Thus, the Treasury territory that has entered into an could be eligible for territory tax Department and the IRS do not believe implementing agreement under sections

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1271(b) and 1277(b) of the 1986 Act.) for purposes of the section 933 in order to correct a return previously However, under section 931(d), the exclusion, employees of the Puerto Rico filed with the U.S. Virgin Islands, that exclusion does not apply to amounts territorial government are not treated as individual timely files an amended received for services performed as an employees of the United States or of a return with the U.S. Virgin Islands. The employee of the United States or any Federal agency. This language, which Treasury Department and the IRS agency thereof. The final regulations comports with the consistent historical believe that individuals generally clarify that for this purpose under understanding that the compensation of should first avail themselves of similar current law, an employee of the such employees is excludable from administrative remedies that the U.S. government of a section 931 possession Federal gross income, is added only for Virgin Islands may provide. is not an employee of the United States conformity with the revision being The final regulations also provide a or of an agency of the United States. made to the final section 931 regulations new rule for purposes of determining Thus, compensation received as an to address certain obsolete guidance the residual Federal income tax liability, employee of the territorial government with respect to American Samoa, as if any, of individuals who are bona fide of a section 931 possession is properly explained in part II.A. residents of the U.S. Virgin Islands. excluded from U.S. gross income. A Under this new rule, such individuals D. United States Virgin Islands conforming clarification with respect to are allowed a credit for amounts already Puerto Rico is included in the final Section 932(c) generally provides that paid to the U.S. Virgin Islands. Thus, regulations under section 933. an individual (whether a U.S. citizen or their residual Federal income tax The effect of this rule change will be alien) who is a bona fide resident of the liability should equal the difference mainly administrative. Employees of the U.S. Virgin Islands must file an income between their entire income tax liability territorial government now will report tax return with the U.S. Virgin Islands and the amount of income tax already their compensation as gross income on tax authorities. If the individual paid to the U.S. Virgin Islands. only the territorial income tax return properly reports income from all Section 932(b) provides a similar and thus, depending on their other sources identifying the source of each credit for U.S. citizens and resident income, may be spared a U.S. filing item of income on this return and pays aliens who are not bona fide residents obligation, and all tax on such all tax properly due with respect to such of the U.S. Virgin Islands. If such compensation will be paid directly to income, then such income is excluded individuals have income from sources the territorial government rather than from gross income for Federal income within the U.S. Virgin Islands or income potentially through a cover-over tax purposes. Consequently, such that is effectively connected with the mechanism under section 7654. The individuals have a Federal income tax conduct of a trade or business in the Treasury Department and the IRS return filing obligation if they fail to U.S. Virgin Islands, then sections 932(a) believe that this change will reduce report or properly identify the source of and (b) generally require such overall taxpayer burden and enhance any of their income on their U.S. Virgin individuals to file an income tax return the efficiency of Federal tax Islands income tax return or if they fail with both the IRS and the U.S. Virgin administration, while also more fully to pay all of the tax properly due with Islands tax authorities, paying an reflecting the independent operation of respect to their income. The temporary applicable percentage of taxes the territorial taxing authority. and proposed regulations reflect this attributable to such income to the U.S. Rev. Rul. 56–127 (1956–1 CB 323) (see statutory filing regime. Virgin Islands. The individual may § 601.601(d)(2)(ii)(b)), which held under Commentators asked for additional claim a credit for the tax required to be prior law that employees of the guidance with respect to the U.S. filing paid to the U.S. Virgin Islands, so that government of American Samoa are obligations of individuals who take the only the balance is due to the United considered employees of the United position that they are bona fide States. Like the temporary and proposed States or an agency thereof, is no longer residents of the U.S. Virgin Islands and regulations, the final regulations reflect determinative and is obsoleted by this file their income tax returns with the these statutory rules. In the event that Treasury decision. U.S. Virgin Islands under section 932(c). an individual who is not a bona fide In particular, commentators asked for resident pays more tax to the U.S. Virgin B. Guam and the Northern Mariana clarification with respect to correcting Islands than is required, Rev. Proc. Islands inadvertent errors on U.S. Virgin Islands 2006–23 (2006–1 CB 900) (see Although section 935 was repealed by income tax returns, determining the § 601.601(d)(2)(ii)(b)) provides the 1986 Act, neither Guam nor the NMI amount of any residual Federal income procedures for requesting U.S. has agreed to the entry into force of the tax liability for individuals who fail to competent authority assistance for implementing agreement required under pay all the tax properly due to the U.S. resolving inconsistent tax treatment sections 1271(b) and 1277(b) of the 1986 Virgin Islands, and clarification of the with respect to such payments by the Act, and therefore neither of those application of the statute of limitations IRS and the U.S. Virgin Islands tax territories is a section 931 possession as on assessments of Federal income tax by authorities. defined in § 1.931–1(c)(1). Rather, the IRS. With respect to the Federal statute of section 935 remains in effect with Although the final regulations limitations, the final regulations respect to bona fide residents of Guam generally continue to reflect the incorporate the interim rules announced and the NMI. The final regulations statutory regime under 932(c) as set in Notice 2007–31 (2007–16 IRB 971) under section 935 generally retain the forth in the temporary and proposed under the authority of section 7654(e). provisions of the temporary and revised regulations, the Treasury Department Accordingly, the final regulations under regulations without modification. and the IRS agree that additional section 932(c) provide that the Federal guidance with respect to the Federal statute of limitations under section C. Puerto Rico filing requirements and obligations 6501(a) for a U.S. citizen or resident The final regulations generally retain under section 932(c) is warranted. The alien who claims to be a bona fide the provisions of the temporary and final regulations provide an example resident of the U.S. Virgin Islands proposed regulations under section 933 illustrating that a bona fide resident of generally will start running upon the without modification. However, the the U.S. Virgin Islands will not be filing of an income tax return with the final regulations explicitly provide that subject to any U.S. filing requirement if, U.S. Virgin Islands. This general rule

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applies as long as the IRS and U.S. E. Application of Subpart F to Bona same 80/50 conditions as those applied Virgin Islands have in place an Fide Residents of a Territory under section 957(c)(2). Consequently, agreement for the automatic exchange of In general, corporations created or under the temporary and proposed information satisfying the requirements organized in a territory are treated as regulations, unless a Puerto Rico of the Commissioner of the IRS. Because foreign corporations for Federal income corporation’s gross income is derived the working arrangement announced in tax purposes, including the subpart F entirely from sources within Puerto Notice 2007–31 satisfies this condition, provisions relating to controlled foreign Rico, the corporation must meet the this general rule applies to years ending corporations. Section 957(c), however, same 80/50 conditions applicable to a on or after December 31, 2006. In the provides a significant exception for section 931 corporation in order for event that the working arrangement is bona fide residents of Puerto Rico and section 957(c)(1) to apply. Commentators from Puerto Rico terminated and in the absence of a section 931 possessions. In cases where objected to the effect of the temporary successor agreement, an individual the exception applies, such an and proposed regulations with respect claiming to be a bona fide resident of individual is not treated as a U.S. to the application of section 957(c)(1). the U.S. Virgin Islands generally must person for purposes of subpart F. file an income tax return with the IRS The commentators noted that since Consequently, such an individual is not 1986, all dividends from Puerto Rico in order to start the Federal statute of treated as a U.S. shareholder under limitations period. In such corporations were treated as income section 951(b), and where such from sources within Puerto Rico, and circumstances, however, the individuals own more than 50 percent Commissioner may by administrative therefore such corporations were not of the vote or value of a corporation treated as controlled foreign pronouncement specify other rules for created or organized under the laws of corporations for 10 percent shareholders this purpose. For years ending before Puerto Rico (a Puerto Rico corporation) who were bona fide residents of Puerto December 31, 2006, the U.S. filing or a section 931 possession (a section Rico. Commentators noted that the requirements provided in Notice 2007– 931 corporation), as the case may be, legislative history to neither the 2004 19 (2007–11 IRB 689) continue to apply. such a corporation is not treated as a Act nor the 1986 Act, which amended See § 601.601(d)(2)(ii)(b). controlled foreign corporation under section 957(c) by applying the 80/50 The temporary and proposed section 957(a). conditions with respect to section 931 regulations amend the regulations under In the case of a bona fide resident of corporations but did not specifically section 6688 (concerning assessable Puerto Rico, the exception applies apply those conditions to Puerto Rico penalties with respect to information under section 957(c)(1) with respect to corporations, makes any reference to reporting under section 7654) to a Puerto Rico corporation if a dividend Congressional intent to apply the 80/50 conform to changes made by the 2004 received by such individual during the conditions to Puerto Rico corporations. Act. The temporary and proposed taxable year from such corporation The Treasury Department and the IRS regulations provide that the penalty would, for purposes of section 933(1), believe that given the distinct statutory applies to individuals who are subject to be treated as income derived from tests under sections 957(c)(1) and (c)(2), reporting requirements promulgated sources within Puerto Rico. With the 80/50 conditions should apply only under the authority of section 937(c) respect to bona fide residents of a to section 931 corporations. Therefore, (concerning individuals who become or section 931 possession, the exception the final regulations provide that the cease to be bona fide residents of a applies under section 957(c)(2) with special dividend source rules of territory) or section 7654 (concerning respect to a corporation organized or § 1.937–2(g)(1) (including the 80/50 the coordination of United States and created in the section 931 possession if: conditions) will not apply when (1) 80 percent or more of the gross territorial income taxes). This determining, for purposes of section income of the corporation during the information reporting includes the 957(c)(1), whether a dividend received three-year testing period ending at the requirement to file Form 8689, by the Puerto Rico corporation during close of the taxable year (or applicable ‘‘Allocation of Individual Income Tax to the taxable year would be treated under part) was derived from sources within the U.S. Virgin Islands,’’ and the section 933(1) as derived from sources such territory or was effectively requirement to file Form 8898, within Puerto Rico. Rather, the connected with the conduct of a trade ‘‘Statement for Individuals Who Begin principles of section 861(a)(2)(A) under or business in such a territory; and (2) or End Residence in a U.S. Possession.’’ the general territory source rules will 50 percent of more of the gross income apply, and consequently dividends from One commentator noted that section of the corporation for such period (or Puerto Rico corporations generally will 6688 applies only to ‘‘individuals part) was derived from the active be treated as income from sources described in section 7654(a)’’ and conduct of a trade or business within within Puerto Rico for purposes of therefore should not extend to Form such territory (the 80/50 conditions). applying section 957(c)(1) unless the 8689, which is required of only U.S. For purposes of determining whether U.S. income rule prevents the dividends citizens or residents (other than bona income is from sources within Puerto from being sourced to Puerto Rico fide residents of the U.S. Virgin Islands) Rico, the temporary and proposed because, for example, the dividends are who have income derived from sources regulations generally apply the territory from sources within the United States within the U.S. Virgin Islands or source rules in § 1.937–2T, including under section 861(a)(2)(B). effectively connected with the conduct the special rules for determining The temporary and proposed of a trade or business in the U.S. Virgin whether dividends to individuals who regulations contain related rules under Islands, or spouses who file joint returns own more than 10 percent of the total sections 6038 and 6046 with respect to with such individuals. The Treasury voting of a territory corporation are from information reporting requirements Department and the IRS agree that such sources within the relevant territory. concerning certain foreign corporations individuals are not described in section Those dividend source rules treat only owned by a United States person who 7654(a), which generally applies only to a ratable portion of any dividend paid is a bona fide resident of Puerto Rico or bona fide residents of an applicable or accrued by a territory corporation to a section 931 possession. Under the territory. The final regulations under such a shareholder as territory source temporary regulations, the special section 6688 are amended accordingly. income unless the corporation meets the definition of United States person under

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section 957(c) also applies for purposes estate mortgage investment conduit to the extent the entity status rules of sections 6038 and 6046. However, under section 860D(b) (a REMIC) for apply, this discretion will be exercised because the final regulations no longer U.S. tax purposes. The commentator in situations where taxpayers treat a apply the 80/50 conditions to bona fide noted that a REMIC would be classified business entity in an inconsistent residents of Puerto Rico (for purposes of as a foreign corporation for mirror code manner with the result that it reduces subpart F), the Treasury Department and tax purposes unless it either files an their overall tax liability below what the IRS are concerned that such election in the mirror code territory or otherwise would be due in the absence individuals may no longer have to the appropriate tax authority of the of the mirror system. In addition, and as provide information concerning their relevant mirror code territory exercises a general matter, the Treasury controlled foreign corporations, his or her discretion to treat the entity Department and the IRS encourage including those formed in Puerto Rico. as if an election had been made. The taxpayers to take consistent positions in The Treasury Department and the IRS commentator requested that the entity both jurisdictions or, if this is not believe that the information required consistency rules be restricted so as not possible, to seek available under sections 6038 and 6046 is to apply to a publicly traded REMIC administrative assistance from the necessary for purposes of determining unless five percent or more of the relevant jurisdiction including, for whether such individuals have a REMIC’s ownership is held by a bona example, requesting a pre-filing or Federal income tax liability. Thus, the fide resident of the relevant territory or similar agreement with respect to an final regulations continue to apply the a corporation created or organized in the entity’s classification as well as 80/50 conditions of § 1.937–2(g)(1) relevant territory. requesting competent authority when defining United States person for The second comment similarly assistance concerning any inconsistent purposes of the information reporting requested an exception to the consistent positions taken by the IRS and a requirements under sections 6038 and election requirement in the case of a territory with respect to the entity 6046. U.S. corporation that, prior to the classification of an entity. See, for With respect to bona fide residents of temporary and proposed regulations, example, Rev. Proc. 2007–17 (2007–4 a section 931 possession, the final made an election with the IRS under IRB 368) (IRS pre-filing agreement regulations continue to apply the same section 1362(a) to be an S corporation procedures) and Rev. Proc. 2006–23 exception (with the 80/50 conditions) but had a shareholder who was a bona (2006–1 CB 900) (U.S. competent for purposes of section 957(c) and fide resident of a mirror code territory authority assistance procedures with sections 6038 and 6046. who treated the entity as a foreign C respect to the territories). See F. Entity Status corporation for purposes of the § 601.601(d)(2)(ii)(b). individual’s taxation in the territory. With respect to section 935 The commentator requested that such III. Miscellaneous Changes possessions and the U.S. Virgin Islands individuals be allowed under these The final regulations also reflect (mirror code territories), the temporary circumstances to make a one-time various nonsubstantive stylistic edits to and proposed regulations contain election in the mirror code territory to the proposed and temporary regulations special rules requiring consistent treat the U.S. entity for purposes of to enhance clarity and readability. treatment of certain business entities for mirror code taxation as either a U.S. and mirror code tax purposes. The domestic S corporation or a foreign C Effect on Other Documents rules generally apply to elections under corporation (as it would be in the Rev. Rul. 56–127 (1956–1 CB 323) is section 1362(a) (subchapter S absence of an affirmative election under obsolete as of April 9, 2008. corporations), § 301.7701–3(c) (eligible section 1362(a) by the entity or a entities), and other similar elections. deemed election by the mirror code tax Special Analyses The rules provide, among other things, authority). It has been determined that this that if an entity files an election with the The Treasury Department and the IRS Treasury decision is not a significant IRS but not with the relevant mirror are concerned about the possibility of regulatory action as defined in code territory, then the appropriate tax inappropriate tax results from Executive Order 12866. Therefore, a authority of the mirror code territory inconsistent treatment of entities in the regulatory assessment is not required. It may, at its discretion, deem the election United States and mirror code also has been determined that section also to have been made for mirror code jurisdictions and believe that this 553(b) of the Administrative Procedure tax purposes. Similarly, if any such problem exists even in circumstances in Act (5 U.S.C. chapter 5) does not apply election is filed in a mirror code which the owners of the entity hold less to these regulations. Because the territory but not with the IRS, the than five percent of the interests in the regulations do not impose a collection Commissioner may, at his or her entity. Furthermore, the Treasury of information on small entities, the discretion, deem the election to have Department and the IRS believe that Regulatory Flexibility Act (5 U.S.C. been made for U.S. Federal income tax treating the entity consistently in the chapter 6) does not apply. Pursuant to purposes. territory and the United States should section 7805(f) of the Internal Revenue The Treasury Department and the IRS not impose an undue burden on the Code, the notice of proposed rulemaking specifically requested comments entity. Thus, the Treasury Department preceding these regulations was relating to elections that should be and the IRS do not believe that a special submitted to the Chief Counsel for specifically mentioned or excluded from exception in the entity consistency rules Advocacy of the Small Business the entity status election rules. is necessary in either case. Administration for comment on its Commentators requested two limited As provided in the temporary and impact on small business. exceptions to the requirement for proposed regulations, which are making consistent elections in the case finalized here without change, the Drafting Information of a U.S. entity that files an election ability of the tax authority in a mirror The principal author of these with the IRS but not with the relevant code jurisdiction to deem an election to regulations is J. David Varley, Office of mirror code territory. have been made for territorial tax the Associate Chief Counsel The first comment related to a U.S. purposes is discretionary. The Treasury (International), IRS. However, other entity that elects to be treated as a real Department and the IRS anticipate that, personnel from the IRS and Treasury

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Department participated in their § 1.170A–1 Charitable, etc., contributions possession (as defined in § 1.935– development. and gifts; allowance of deduction. 1(a)(3)(i)). * * * * * List of Subjects * * * * * (j)(9) Charitable contributions paid by (h) Effective/applicability date. 26 CFR Part 1 bona fide residents of a section 931 Paragraphs (f)(1)(vi)(E), (f)(1)(vi)(F), and possession as defined in § 1.931–1(c)(1) Income taxes, Reporting and (f)(1)(vi)(H) of this section apply to or Puerto Rico are deductible only to the recordkeeping requirements. taxable years ending after April 9, 2008. extent allocable to income that is not I Par. 8. Section 1.871–1 is amended by 26 CFR Part 301 excluded under section 931 or 933. For revising paragraph (b)(1)(iii) and the rules for allocating deductions for Employment taxes, Estate taxes, revising the heading for paragraph (c) charitable contributions, see the Excise taxes, Gift taxes, Income taxes, and adding a new sentence at the end regulations under section 861. Penalties, Reporting and recordkeeping of paragraph (c) to read as follows: requirements. * * * * * (k) Effective/applicability date. *** § 1.871–1 Classification and manner of taxing alien individuals. Adoption of Amendments to the Paragraph (j)(9) of this section is Regulations applicable for taxable years ending after * * * * * April 9, 2008. (b) * * * I Accordingly, 26 CFR parts 1 and 301 (1) * * * are amended as follows: § 1.170A–1T [Removed] (iii) Nonresident alien individuals I who are bona fide residents of a section PART 1—INCOME TAXES Par. 4. Section 1.170A–1T is removed. I Par. 5. Section 1.861–3 is amended by 931 possession (as defined in § 1.931– 1(c)(1) of this chapter) or Puerto Rico I Paragraph 1. The authority citation revising paragraph (a)(2) and revising during the entire taxable year. An for part 1 is amended by adding entries the heading for paragraph (d) and individual described in paragraph in numerical order to read in part as adding a new sentence at the end of (b)(1)(i) or (ii) of this section is subject follows: paragraph (d) to read as follows: to tax pursuant to the provisions of Authority: 26 U.S.C. 7805 * * * § 1.861–3 Dividends. subpart A (section 871 and following), Section 1.931–1 also issued under 26 * * * * * part II, subchapter N, chapter 1 of the U.S.C. 7654(e). (a) * * * Code, and the regulations under those Section 1.932–1 also issued under 26 (2) Dividend from a domestic provisions. The provisions of subpart A U.S.C. 7654(e). * * * do not apply to individuals described in Section 1.934–1 also issued under 26 corporation. A dividend described in U.S.C. 934(b)(4). * * * this paragraph (a)(2) is a dividend from this paragraph (b)(1)(iii), but such Section 1.935–1 also issued under 26 a domestic corporation other than a individuals, except as provided in U.S.C. 7654(e). * * * corporation that has an election in effect section 931 or 933, are subject to the tax Section 1.937–2 also issued under 26 under section 936. See paragraph (a)(5) imposed by section 1 or 55. See U.S.C. 937(b). of this section for the treatment of § 1.876–1. Section 1.937–3 also issued under 26 certain dividends from a DISC or former * * * * * U.S.C. 937(b). * * * DISC. (c) Effective/applicability date. *** Section 1.957–3 also issued under 26 Paragraph (b)(1)(iii) of this section U.S.C. 957(c). * * * * * * * * (d) Effective/applicability date. *** applies to taxable years ending after I Par. 2. Section 1.1–1 is amended by Paragraph (a)(2) of this section applies April 9, 2008. revising the second sentence of to taxable years ending after April 9, I Par. 9. Section 1.876–1 is revised to paragraph (b) and adding a new 2008. read as follows: paragraph (d) to read as follows: § 1.861–3T [Removed] § 1.876–1 Alien residents of Puerto Rico, § 1.1–1 Income tax on individuals. I Guam, American Samoa, or the Northern Par. 6. Section 1.861–3T is removed. Mariana Islands. * * * * * I Par. 7. Section 1.861–8 is amended by (b) * * * Pursuant to section 876, a adding paragraphs (f)(1)(vi)(E), (a) Scope. Section 876 and this nonresident alien individual who is a (f)(1)(vi)(F), (f)(1)(vi)(H), and (h) to read section apply to any nonresident alien bona fide resident of a section 931 as follows: individual who is a bona fide resident possession (as defined in § 1.931–1(c)(1) of Puerto Rico or of a section 931 of this chapter) or Puerto Rico during § 1.861–8 Computation of taxable income possession during the entire taxable from sources within the United States and the entire taxable year is, except as year. from other sources and activities. (b) In general. An individual to whom provided in section 931 or 933 with this section applies is, in accordance respect to income from sources within * * * * * with the provisions of section 876, such possessions, subject to taxation in (f) * * * (1) * * * subject to tax under sections 1 and 55 the same manner as a resident alien (vi) * * * in generally the same manner as an individual. * * * (E) The tax base for individuals alien resident of the United States. See * * * * * entitled to the benefits of section 931 §§ 1.1–1(b) and 1.871–1. The tax (d) Effective/applicability date. The and the section 936 tax credit of a generally is imposed upon the taxable second sentence of paragraph (b) of this domestic corporation that has an income of such individual, determined section applies to taxable years ending election in effect under section 936; in accordance with section 63(a) and the after April 9, 2008. (F) The exclusion for income from regulations under that section, from I Par. 3. Section 1.170A–1 is amended Puerto Rico for bona fide residents of sources both within and without the by revising paragraph (j)(9) and the Puerto Rico under section 933; United States, except for amounts heading for paragraph (k) and adding a * * * * * excluded from gross income under the new sentence at the end of paragraph (k) (H) The income derived from the U.S. provisions of section 931 or 933. For to read as follows: Virgin Islands or from a section 935 determining the form of return to be

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used by such an individual, see section (i) Section 22 (relating to the credit for tax imposed by section 881(a) on U.S. 6012 and the regulations under that the elderly and disabled); source dividends received is 10 percent section. (ii) Section 25A (relating to the Hope (rather than the generally applicable 30 (c) Exceptions. Though subject to the Scholarship and Lifetime Learning percent). tax imposed by section 1, an individual Credits); and (c) U.S. Virgin Islands and section 931 to whom this section applies will (iii) Section 32 (relating to the earned possessions. A corporation created or nevertheless be treated as a nonresident income credit). organized in, or under the law of, the alien individual for the purpose of many (e) Definitions. For purposes of this U.S. Virgin Islands or a section 931 provisions of the Internal Revenue Code section— possession is described in this (Code) relating to nonresident alien (1) ‘‘Bona fide resident’’ is defined in paragraph (c) for a taxable year when individuals. Thus, for example, such an § 1.937–1; and the following conditions are satisfied— (2) ‘‘Section 931 possession’’ is individual is not allowed the standard (1) At all times during such taxable defined in § 1.931–1(c)(1). deduction (section 63(c)(6)); is subject to (f) Effective/applicability date. This year, less than 25 percent in value of the withholding of tax at source under section applies to taxable years ending stock of such corporation is beneficially chapter 3 of the Code (for example, after April 9, 2008. owned (directly or indirectly) by foreign section 1441(e)); is generally excepted persons; from the collection of income tax at § 1.876–1T [Removed] (2) At least 65 percent of the gross source on wages for services performed I Par. 10. Section 1.876–1T is removed. income of such corporation is shown to in the possession (section 3401(a)(6)); is I Par. 11. Section 1.881–1 is amended the satisfaction of the Commissioner not allowed to make a joint return by revising the last sentence of upon examination to be effectively (section 6013(a)(1)); and, if described in paragraph (c) and the heading of connected with the conduct of a trade section 6072(c), must pay his first paragraph (f) to read as follows: or business in such a possession or the installment of estimated income tax on United States for the 3-year period or before the 15th day of the 6th month § 1.881–1 Manner of taxing foreign ending with the close of the taxable year of the taxable year (section 6654(j) and corporations. of such corporation (or for such part of (k)) and must pay his income tax on or * * * * * such period as the corporation or any before the 15th day of the 6th month (c) * * * However, for special rules predecessor has been in existence); and following the close of the taxable year relating to possessions of the United (3) No substantial part of the income (sections 6072(c) and 6151(a)). In States, see § 1.881–5. of such corporation for the taxable year addition, under section 152(b)(3), an * * * * * is used (directly or indirectly) to satisfy individual is not allowed a deduction (f) Effective/applicability date. *** obligations to persons who are not bona for a dependent who is a resident of the I Par. 12. Section 1.881–5 is amended fide residents of such a possession or relevant possession unless the as follows: the United States. dependent is a citizen or national of the I 1. Revise paragraphs (a), (b), (c), (d), (d) Section 935 possessions. A United States. (e), (f), (f)(1), (f)(2), (f)(3), (f)(5), (f)(6), corporation created or organized in, or (d) Credits against tax. (1) Certain (f)(7), (g), (h), and (i). under the law of, a section 935 credits under the Internal Revenue Code I 2. Remove paragraph (f)(8). possession is described in this are available to any taxpayer subject to The revisions read as follows: paragraph (d) for a taxable year when the tax imposed by section 1, including § 1.881–5 Exception for certain the following conditions are satisfied— individuals to whom this section possessions corporations. (1) At all times during such taxable applies. For example, except as (a) Scope. Section 881(b) and this year, less than 25 percent in value of the otherwise provided under section 931 or section provide special rules for the stock of such corporation is owned 933, the credits provided by the application of sections 881 and 884 to (directly or indirectly) by foreign following sections are allowable to the certain corporations created or persons; and extent provided under such sections organized in possessions of the United (2) At least 20 percent of the gross against the tax determined in States. Paragraph (g) of this section income of such corporation is shown to accordance with this section— provides special rules for the the satisfaction of the Commissioner (i) Section 23 (relating to the credit for application of sections 881 and 884 to upon examination to have been derived adoption expenses); corporations created or organized in the from sources within such possession for (ii) Section 31 (relating to the credit United States for purposes of the 3-year period ending with the close for tax withheld on wages); determining tax liability incurred to of the preceding taxable year of such (iii) Section 33 (relating to the credit certain possessions that administer corporation (or for such part of such for tax withheld at source on income tax laws that are identical period as the corporation has been in nonresident aliens); and (except for the substitution of the name existence). (iv) Section 34 (relating to the credit of the possession for the term ‘‘United (e) Puerto Rico. A corporation created for certain uses of gasoline and special States’’ where appropriate) to those in or organized in, or under the law of, fuels). force in the United States. See § 1.884– Puerto Rico is described in this (2) Certain credits under the Internal 0(b) for special rules relating to the paragraph (e) for a taxable year when Revenue Code are not available to application of section 884 with respect the conditions of paragraphs (c)(1) nonresident aliens or are subject to to possessions of the United States. through (c)(3) of this section are limitations based on such factors as (b) Operative rules. (1) Corporations satisfied (using the language ‘‘Puerto principal place of abode in the United described in paragraphs (c) and (d) of Rico’’ instead of ‘‘such a possession’’). States. For example, the credits this section are not treated as foreign (f) Definitions and other rules. For provided by the following sections are corporations for purposes of section purposes of this section— not allowable against the tax determined 881. Accordingly, they are exempt from (1) ‘‘Section 931 possession’’ is in accordance with this section except the tax imposed by section 881(a). defined in § 1.931–1(c)(1);and to the extent otherwise provided under (2) For corporations described in (2) ‘‘Section 935’’ possession is such sections— paragraph (e) of this section, the rate of defined in § 1.935–1(a)(3)(i).

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(3) Foreign person means any person after April 9, 2008. If, on or after April taxable year (see sections 901(b)(3) and other than— 9, 2008, there takes effect an increase in (4)). (i) A United States person (as defined the Commonwealth of Puerto Rico’s (4) A U.S. citizen or resident alien in section 7701(a)(30) and the withholding tax generally applicable to individual who is a bona fide resident regulations under that section); or dividends paid to United States of a section 931 possession (as defined (ii) A person who would be a United corporations not engaged in a trade or in § 1.931–1(c)(1)), the U.S. Virgin States person if references to the United business in the Commonwealth to a rate Islands, or Puerto Rico, and who States in section 7701 included greater than 10 percent, the rules of excludes certain income from U.S. gross references to a possession of the United paragraphs (b)(2) and (e) of this section income to the extent of taxes allocable States. will not apply to dividends received on to the income so excluded (see sections * * * * * or after the effective date of the increase. 931(b)(2), 933(1), and 932(c)(4)). (5) Source. The rules of § 1.937–2 will Paragraph (f)(4) of this section applies to * * * * * apply for determining whether income payments made after January 31, 2006. (j) Effective/applicability date. is from sources within a possession. Taxpayers may choose to apply Paragraph (g) of this section applies to (6) Effectively connected income. The paragraph (f)(4) of this section to taxable years ending after April 9, 2008. rules of § 1.937–3 (other than paragraph payments made after October 22, 2004. (c) of that section) will apply for I Par. 13. Section 1.884–0 is amended § 1.901–1T [Removed] determining whether income is by revising paragraph (b) to read as I Par. 16. Section 1.901–1T is removed. effectively connected with the conduct follows: I Par. 17. Section 1.931–1 is revised to of a trade or business in a possession. read as follows: (7) Indirect ownership. The rules of § 1.884–0 Overview of regulation provisions for section 884. section 318(a)(2) will apply except that § 1.931–1 Exclusion of certain income the language ‘‘5 percent’’ will be used * * * * * from sources within Guam, American instead of ‘‘50 percent’’ in section (b) Special rules for U.S. possessions. Samoa, or the Northern Mariana Islands. 318(a)(2)(C). (1) Section 884 does not apply to a (a) General rule. (1) An individual (g) Mirror code jurisdictions. For corporation created or organized in, or (whether a United States citizen or an purposes of applying mirrored section under the law of, American Samoa, alien), who is a bona fide resident of a 881 to determine tax liability incurred Guam, the Northern Mariana Islands, or section 931 possession during the entire to a section 935 possession or the U.S. the U.S. Virgin Islands, provided that taxable year, will exclude from gross Virgin Islands— the conditions of § 1.881–5(c)(1) through income the income derived from (1) The rules of paragraphs (b) (c)(3) are satisfied with respect to such sources within any section 931 through (d) of this section will not corporation. The preceding sentence possession and the income effectively apply; and applies for taxable years ending after connected with the conduct of a trade (2) A corporation created or organized April 11, 2005. or business by such individual within in, or under the law of, such possession (2) Section 884 does not apply for any section 931 possession, except or the United States will not be purposes of determining tax liability amounts received for services performed considered a foreign corporation. incurred to a section 935 possession or as an employee of the United States or (h) Example. The principles of this the U.S. Virgin Islands by a corporation any agency thereof. For purposes of section are illustrated by the following created or organized in, or under the section 931(d) and this section, an example: law of, such possession or the United employee of the government of a section Example. X is a corporation organized States. The preceding sentence applies 931 possession will not be considered under the law of the U.S. Virgin Islands with for taxable years ending after April 9, an employee of the United States or of a branch located in State F. At least 65 2008. an agency of the United States. percent of the gross income of X is effectively * * * * * (2) The following example illustrates connected with the conduct of a trade or the application of the general rule in § 1.884–0T [Removed] business in the U.S. Virgin Islands and no paragraph (a)(1) of this section: substantial part of the income of X for the I Par. 14. Section 1.884–0T is removed. taxable year is used to satisfy obligations to Example. D, a United States citizen, files persons who are not bona fide residents of I Par. 15. Section 1.901–1 is amended returns on a calendar year basis. In April the United States or the U.S. Virgin Islands. by revising paragraph (g) and adding 2008, D moves to American Samoa, where he Seventy-four percent of the stock of X is new paragraph (j) to read as follows: purchases a house and accepts a permanent owned by unrelated individuals who are position with a local employer. For the residents of the United States or the U.S. § 1.901–1 Allowance of credit for taxes. remainder of the year and for the following Virgin Islands. Y, a corporation organized * * * * * three taxable years, D continues to live and under the law of State D, and Z, a partnership (g) Taxpayers to whom credit not work in American Samoa and has a closer organized under the law of State F, each own allowed. Among those to whom the connection to American Samoa than to the United States or any foreign country. 13 percent of the stock of X. A, an unrelated credit for taxes is not allowed are the foreign individual, owns 100 percent of the Assuming that D otherwise meets the stock of corporation Y. B and C, unrelated following: requirements under section 937(a) and foreign individuals, each own a 50 percent (1) Except as provided in section 906, § 1.937–1(b) and (f)(1) (year-of-move interest in partnership Z. Thus, the condition a foreign corporation. exception), D is considered a bona fide of paragraph (c)(1) of this section is not (2) Except as provided in section 906, resident of American Samoa for 2008. satisfied, because 26 percent of X is owned a nonresident alien individual who is Accordingly, under section 931 and indirectly by foreign persons (A, B, and C). not described in section 876 (see paragraph (a)(1) of this section, D should Accordingly, X is treated as a foreign sections 874(c) and 901(b)(4)). exclude from his 2008 Federal gross income corporation for purposes of section 881. any income from sources within American (3) A nonresident alien individual Samoa and any income that is effectively (i) Effective/applicability dates. described in section 876 other than a connected with the conduct of a trade or Except as otherwise provided in this bona fide resident (as defined in section business within American Samoa, as paragraph (i), this section applies to 937(a) and the regulations under that determined under section 937(b) and payments made in taxable years ending section) of Puerto Rico during the entire §§ 1.937–2 and 1.937–3, as applicable.

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(b) Deductions and credits. In any (ii)(A) Is a citizen or resident of the account only income derived from case in which any amount otherwise United States (other than a bona fide sources within the Virgin Islands and constituting gross income is excluded resident of the Virgin Islands) during deductions properly apportioned or from gross income under the provisions the entire taxable year; and allocable to such income. For purposes of section 931, there will not be allowed (B) Has income derived from sources of the preceding sentence, the rules of as a deduction from gross income any within the Virgin Islands, or effectively § 1.861–8 will apply; and items of expenses or losses or other connected with the conduct of a trade (C) Pursuant to § 1.937–2(a), the rules deductions (except the deduction under or business within the Virgin Islands, of § 1.937–2(c)(1)(ii) and (c)(2) do not section 151, relating to personal for the taxable year; or apply. exemptions), or any credit, properly (iii) Files a joint return for the taxable (c) Bona fide residents of the Virgin allocable to, or chargeable against, the year with any individual described in Islands. Subject to paragraph (d) of this amounts so excluded from gross paragraph (a)(2)(i) or (ii) of this section. section, an individual described in income. For purposes of the preceding (3) Definitions. For purposes of this paragraph (a)(2)(i) of this section will be sentence, the rules of § 1.861–8 will section— subject to the following income tax apply (with creditable expenditures (i) The rules of § 1.937–1 will apply return filing requirements: treated in the same manner as for determining whether an individual (1) Virgin Islands filing requirements. deductible expenditures). is a bona fide resident of the Virgin An individual to whom this paragraph (c) Definitions. For purposes of this Islands; (c) applies must file an income tax section— (ii) The rules of § 1.937–2 will apply return for the taxable year with the (1) The term section 931 possession for determining whether income is from Virgin Islands. On this return, the means a possession that is a specified sources within the Virgin Islands; and individual must report income from all possession and that has entered into an (iii) The rules of § 1.937–3 will apply sources and identify the source of each implementing agreement, as described for determining whether income is item of income shown on the return. in section 1271(b) of the Tax Reform Act effectively connected with the conduct (2) U.S. filing requirements. (i) For of 1986, Public Law 99–514 (100 Stat. of a trade or business within the Virgin purposes of calculating the income tax 2085), with the United States that is in Islands. liability to the United States of an effect for the entire taxable year; (b) U.S. individuals with Virgin individual to whom this paragraph (c) (2) The term specified possession Islands income—(1) Dual filing applies, gross income will not include means Guam, American Samoa, or the requirement. Subject to paragraph (d) of any amount included in gross income Northern Mariana Islands; this section, an individual described in on the return filed with the Virgin (3) The rules of § 1.937–1 will apply paragraph (a)(2)(ii) of this section must Islands pursuant to paragraph (c)(1) of for determining whether an individual make an income tax return for the this section, and deductions and credits is a bona fide resident of a section 931 taxable year to the United States and file allocable to such income will not be possession; a copy of such return with the Virgin taken into account, provided that— (4) The rules of § 1.937–2 will apply Islands. Such individuals must also (A) The individual fully satisfied the for determining whether income is from attach Form 8689, ‘‘Allocation of reporting requirements of paragraph sources within a section 931 possession; Individual Income Tax to the U.S. (c)(1) of this section; and and Virgin Islands,’’ to the U.S. income tax (B) The individual fully paid the tax (5) The rules of § 1.937–3 will apply return and to the income tax return filed liability referred to in section 934(a) to for determining whether income is with the Virgin Islands. the Virgin Islands with respect to such effectively connected with the conduct (2) Tax payments. (i) Each individual income. of a trade or business within a section to whom this paragraph (b) applies for (ii) For purposes of the U.S. statute of 931 possession. the taxable year must pay the applicable limitations under section 6501(a), an (d) Effective/applicability date. This percentage of the taxes imposed by this income tax return filed with the Virgin section applies to taxable years ending chapter for such taxable year Islands by an individual who takes the after April 9, 2008. (determined without regard to position that he or she is a bona fide paragraph (b)(2)(ii) of this section) to the resident of the Virgin Islands described § 1.931–1T [Removed] Virgin Islands. in paragraph (a)(2)(i) of this section (or I Par. 18. Section 1.931–1T is removed. (ii) A credit against the tax imposed an individual who files a joint return with such an individual under I Par. 19. Section 1.932–1 is revised to by this chapter for the taxable year will paragraph (d) of this section) will be read as follows: be allowed in an amount equal to the taxes that are required to be paid to the deemed to be a U.S. income tax return, § 1.932–1 Coordination of United States Virgin Islands under paragraph (b)(2)(i) provided that the United States and the and Virgin Islands income taxes. of this section and are so paid. Such Virgin Islands have entered into an (a) Scope—(1) In general. Section 932 taxes will be considered creditable in agreement for the routine exchange of and this section set forth the special the same manner as taxes paid to the income tax information satisfying the rules relating to the filing of income tax United States (for example, under requirements of the Commissioner. The returns and income tax liabilities of section 31) and not as taxes paid to a working arrangement announced in individuals described in paragraph foreign government (for example, under Notice 2007–31 satisfies the condition (a)(2) of this section. Paragraph (h) of sections 27 and 901). of the preceding sentence. See Notice this section also provides special rules (iii) For purposes of this paragraph 2007–31 (2007–16 IRB 971) (applicable requiring consistent treatment of (b)(2)— to taxable years ending on or after business entities in the United States (A) The term applicable percentage December 31, 2006, unless and until and in the United States Virgin Islands means the percentage that Virgin Islands arrangement terminates). In the absence (Virgin Islands). adjusted gross income bears to adjusted of such an agreement, individuals to (2) Individuals covered. This section gross income; whom this paragraph (c) applies will apply to any individual who— (B) The term Virgin Islands adjusted generally must file an income tax return (i) Is a bona fide resident of the Virgin gross income means adjusted gross for the taxable year with the United Islands during the entire taxable year; income determined by taking into States to begin the period of limitations

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for Federal income tax purposes as the returns filed with the United States paragraph (g)(1)(i) of this section apply provided in section 6501(a), and in such and the Virgin Islands. A taxpayer who include— circumstances the Commissioner may has filed a return only with the United (A) The characterization of taxes paid by revenue procedure, notice, or other States or only with the Virgin Islands as to the Virgin Islands. An individual to administrative pronouncement specify a single filing taxpayer for a prior whom section 932(a) applies may take U.S. filing and other information taxable year and is required to file a income tax required to be paid to the reporting requirements for such return only with the other jurisdiction Virgin Islands under section 932(b) into individuals. For taxable years ending as a single filing taxpayer for a later account under sections 31, 6315, and before December 31, 2006, the rules taxable year may not, for such later 6402(b) as payments to the United provided in section 3 of Notice 2007–19 taxable year, use different tax States. Taxes paid to the Virgin Islands (2007–11 IRB 689) will apply. See accounting standards unless the second and otherwise satisfying the § 601.601(d)(2)(ii)(b). jurisdiction consents to such change. requirements of section 164(a) will be (3) U.S. tax payments. In the case of However, such change will not be allowed as a deduction under that an individual who is required to file an effective for returns filed thereafter with section, but income taxes required to be income tax return with the United the first jurisdiction unless before such paid to the Virgin Islands under section States as a consequence of failing to later date of filing the taxpayer also 932(b) will be disallowed as a deduction satisfy the requirements of paragraphs obtains the consent of the first under section 275(a); (c)(2)(i)(A) and (B) of this section, there jurisdiction to make such change. Any (B) The determination of the source of will be allowed as a credit against the request for consent to make a change income for purposes of the foreign tax tax imposed by this chapter for the pursuant to this paragraph (f) must be credit (for example, sections 901 taxable year an amount equal to the made to the office where the return is through 904). Thus, for example, after amount of the tax liability referred to in required to be filed under paragraph (e) an individual to whom section 932(a) section 934(a) to the extent paid to the of this section and in sufficient time to applies determines which items of Virgin Islands. Such taxes shall be permit a copy of the consent to be income constitute income from sources considered creditable in the same attached to the return for the taxable within the Virgin Islands under the manner as taxes paid to the United year. rules of section 937(b), such income will States (for example, under section 31) (2) Definitions. For purposes of this be treated as income from sources and not as taxes paid to a foreign paragraph (f), the terms— within the United States for purposes of government (for example, under (i) Dual filing taxpayer means a section 904; sections 27 and 901). taxpayer who is required to file returns (C) The eligibility of a corporation to (d) Joint returns. In the case of with the United States and the Virgin make a subchapter S election (sections married persons, if one or both spouses Islands for the same taxable year under 1361 through 1379). Thus, for example, is an individual described in paragraph the rules of paragraph (b) or (c) of this for purposes of determining whether a (a)(2) of this section and they file a joint section; corporation created or organized in the return of income tax, the spouses must (ii) Single filing taxpayer means a Virgin Islands may make an election file their joint return with, and pay the taxpayer who is required to file a return under section 1362(a) to be a subchapter tax due on such return to, the only with the United States (because the S corporation, it will be treated as a jurisdiction (or jurisdictions) where the individual is not described in paragraph domestic corporation and a shareholder spouse who has the greater adjusted (a)(2) of this section) or only with the to whom section 932(a) applies will not gross income for the taxable year would Virgin Islands (because the individual is be treated as a nonresident alien be required under paragraph (b) or (c) of described in paragraph (a)(2)(i) of this individual with respect to such this section to file a return if separate section and satisfies the conditions of corporation. While such an election is returns were filed and all of their paragraphs (c)(2)(i) and (ii) of this in effect, the corporation will be treated income were the income of such spouse. section) for the taxable year; and as a domestic corporation for all For this purpose, adjusted gross income (iii) Tax accounting standards purposes of the Internal Revenue Code. of each spouse is determined under includes the taxpayer’s accounting For the consistency requirement with section 62 and the regulations under period, methods of accounting, and any respect to entity status elections, see that section but without regard to election to which the taxpayer is bound paragraph (h) of this section; community property laws; and, if one of with respect to the reporting of taxable (D) The treatment of items carried the spouses dies, the taxable year of the income. over from other taxable years. Thus, for surviving spouse will be treated as (g) Extension of territory—(1) Section example, if an individual to whom ending on the date of such death. 932(a) taxpayers—(i) General rule. With section 932(a) applies has for a taxable (e) Place for filing returns—(1) U.S. respect to an individual to whom year a net operating loss carryback or returns. Except as otherwise provided section 932(a) applies for a taxable year, carryover under section 172, a foreign for returns filed under paragraph (c)(4) for purposes of taxes imposed by tax credit carryback or carryover under of this section, a return required under Chapter 1 of the Internal Revenue Code section 904, a business credit carryback the rules of paragraphs (b) and (c) of this (Code), the United States generally will or carryover under section 39, a capital section to be filed with the United be treated, in a geographical and loss carryover under section 1212, or a States must be filed as directed in the governmental sense, as including the charitable contributions carryover under applicable forms and instructions. Virgin Islands. The purpose of this rule section 170, the carryback or carryover (2) Virgin Islands returns. A return is to facilitate the coordination of the tax will be reported on the return filed in required under the rules of paragraphs systems of the United States and the accordance with paragraph (b)(1) of this (b) and (c) of this section to be filed with Virgin Islands. Accordingly, the rule section, even though the return of the the Virgin Islands must be filed as will have no effect where it is taxpayer for the taxable year giving rise directed in the applicable forms and manifestly inapplicable or its to the carryback or carryover was instructions. application would be incompatible with required to be filed with the Virgin (f) Tax accounting standards—(1) In the intent of any provision of the Code. Islands under section 932(c); and general. A dual filing taxpayer must use (ii) Application of general rule. (E) The treatment of property the same tax accounting standards on Contexts in which the general rule of exchanged for property of a like kind

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(section 1031). Thus, for example, if an paragraph (g)(2)(i) of this section apply exchange under mirrored section 1031 individual to whom section 932(a) include— (provided that all the other applies exchanges real property located (A) The characterization of taxes paid requirements of mirrored section 1031 in the United States for real property to the United States. A taxpayer are satisfied). located in the Virgin Islands, described in section 932(c)(1) may take (iii) Nonapplication of general rule. notwithstanding the provisions of income tax paid to the United States Contexts in which the general rule of section 1031(h), such exchange may into account under mirrored sections paragraph (g)(2)(i) of this section does qualify as a like-kind exchange under 31, 6315, and 6402(b) as payments to not apply include— section 1031 (provided that all the other the Virgin Islands; (A) The determination of any aspect requirements of section 1031 are (B) The determination of the source of of an individual’s residency (for satisfied). income for purposes of the foreign tax example, mirrored section 7701(b)). (iii) Nonapplication of the general credit (for example, mirrored sections Thus, for example, an individual whose rule. Contexts in which the general rule 901 through 904). Thus, for example, principal place of abode is in the United of paragraph (g)(1)(i) of this section does any item of income that constitutes States is not considered to have a not apply include— income from sources within the United principal place of abode in the Virgin (A) The application of any rules or States under the rules of sections 861 Islands for purposes of mirrored section regulations that explicitly treat the through 865 will be treated as income 32(c). United States and any (or all) of its from sources within the Virgin Islands (B) The determination of the source of possessions as separate jurisdictions (for for purposes of mirrored section 904; income for purposes other than the example, sections 931 through 937, (C) The eligibility of a corporation to foreign tax credit (for example, sections 7651, and 7654). make a subchapter S election (mirrored 932(a) and (b), 934(b), and 937). Thus, (B) The determination of any aspect of sections 1361 through 1379). Thus, for for example, compensation for services an individual’s residency (for example, example, for purposes of determining performed in the United States and sections 937(a) and 7701(b)). Thus, for whether a corporation created or rentals or royalties from property example, an individual whose principal organized in the United States may located in the United States do not place of abode is in the Virgin Islands make an election under mirrored section constitute income from sources within is not considered to have a principal 1362(a) to be a subchapter S the Virgin Islands for purposes of place of abode in the United States for corporation, it will be treated as a section 934(b); and purposes of section 32(c); domestic corporation and a shareholder (C) The definition of wages (mirrored (C) The characterization of a to whom section 932(c) applies will not section 3401). Thus, for example, corporation for purposes other than be treated as a nonresident alien services performed by an employee for subchapter S (for example, sections 367, individual with respect to such an employer in the United States do not 951 through 964, 1291 through 1298, corporation. While such an election is constitute services performed in the 6038, and 6038B). Thus, for example, if in effect, the corporation will be treated Virgin Islands under mirrored section an individual to whom section 932(a) as a domestic corporation for all 3401(a)(8). applies transfers appreciated tangible purposes of the territorial income tax. (h) Entity status consistency property to a corporation created or For the consistency requirement with requirement—(1) In general. Taxpayers organized in the Virgin Islands in a respect to entity status elections, see should make consistent entity status transaction described in section 351, he paragraph (h) of this section; elections (as defined in paragraph (h)(3) or she must recognize gain unless an (D) The treatment of items carried of this section), where applicable, in exception under section 367(a) applies. over from other taxable years. Thus, for both the United States and the Virgin Also, if a corporation created or example, if an individual to whom Islands. In the case of a business entity organized in the Virgin Islands qualifies section 932(c) applies has for a taxable to which this paragraph (h) applies— as a passive foreign investment year a net operating loss carryback or (i) If an entity status election is filed company under sections 1297 and 1298 carryover under mirrored section 172, a with the Internal Revenue Service (IRS) with respect to an individual to whom foreign tax credit carryback or carryover but not with the Virgin Islands Bureau section 932(a) applies, a dividend paid under mirrored section 904, a business of Internal Revenue (BIR), the Director to such shareholder does not constitute credit carryback or carryover under of the BIR or his delegate, at his qualified dividend income under mirrored section 39, a capital loss discretion, may deem the election also section 1(h)(11)(B). carryover under mirrored section 1212, to have been made for Virgin Islands tax (2) Section 932(c) taxpayers—(i) or a charitable contributions carryover purposes; General rule. With respect to an under mirrored section 170, the (ii) If an entity status election is filed individual to whom section 932(c) carryback or carryover will be reported with the BIR but not with the IRS, the applies for a taxable year, for purposes on the return filed in accordance with Commissioner, at his discretion, may of the territorial income tax of the Virgin paragraph (c)(1) of this section, even deem the election also to have been Islands (that is, mirrored sections of the though the return of the taxpayer for the made for Federal tax purposes; and Code), the Virgin Islands generally will taxable year giving rise to the carryback (iii) If inconsistent entity status be treated, in a geographical and or carryover was required to be filed elections are filed with the BIR and the governmental sense, as including the with the United States; and IRS, both the Commissioner and the United States. The purpose of this rule (E) The treatment of property Director of the BIR or his delegate may, is to facilitate the coordination of the tax exchanged for property of a like kind at their individual discretion, treat the systems of the United States and the (mirrored section 1031). Thus, for elections they each received as invalid Virgin Islands. Accordingly, the rule example, if an individual to whom and may deem the election filed in the will have no effect where it is section 932(c) applies exchanges real other jurisdiction to have been made manifestly inapplicable or its property located in the United States for also for tax purposes in their own application would be incompatible with real property located in the Virgin jurisdiction. See Rev. Proc. 2006–23 the intent of any provision of the Code. Islands, notwithstanding the provisions (2006–1 CB 900) (see (ii) Application of general rule. of mirrored section 1031(h), such § 601.601(d)(2)(ii)(b) of this chapter) for Contexts in which the general rule of exchange may qualify as a like-kind procedures for requesting the assistance

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of the IRS when a taxpayer is or may be (iv) In the case of an entity created or total adjusted gross income of $75x, of which subject to inconsistent tax treatment by organized prior to April 11, 2005, $40x is attributable to compensation that W the IRS and a U.S. possession tax paragraph (h)(4) of this section will take received for services performed in the Virgin agency. Islands and $35x to compensation that H effect for Federal income tax purposes received for services performed in State T. (2) Scope. This paragraph (h) applies (or Virgin Islands income tax purposes, Pursuant to section 932(d) and paragraph (d) to the following business entities: as the case may be) as of the first day of this section, because W would have the (i) A business entity (as defined in of the first taxable year of the entity greater adjusted gross income if computed § 301.7701–2(a) of this chapter) that is beginning after April 11, 2005. separately, H and W must file their joint domestic (as defined in § 301.7701–5 of (i) Examples. The rules of this section Form 1040 with the Virgin Islands as this chapter), or otherwise treated as are illustrated by the following required by section 932(c) and paragraph domestic for purposes of the Code, and examples: (c)(1) of this section. H and W may claim a that is owned in whole or in part by any tax credit on such return for income tax Example 1. (i) A is a U.S. citizen who person who is either a bona fide withheld during 2008 and paid to the IRS. resides in State R. For 2008, A files with the Example 4. (i) The facts are the same as in resident of the Virgin Islands or a IRS a Form 1040, ‘‘U.S. Individual Income Example 3, except that H also earns $25x for business entity created or organized in Tax Return,’’ reporting adjusted gross income services performed in the Virgin Islands, so the Virgin Islands. of $90x, which includes $30x from sources that H and W’s total adjusted gross income (ii) A business entity that is created or in the Virgin Islands. The income tax liability is $100x, and their total income tax liability organized in the Virgin Islands and that reported on A’s Form 1040 is $18x. A files is $20x. is owned in whole or in part by any U.S. a copy of his Form 1040 with the Virgin (ii) Pursuant to section 932(d) and person (other than a bona fide resident Islands as required by section 932(a)(2) and paragraph (d) of this section, because H of the Virgin Islands). paragraph (b)(1) of this section. A pays to the would have the greater adjusted gross income Virgin Islands the applicable percentage of (3) Definition. For purposes of this if computed separately, H and W must file his Federal income tax liability as required their joint Form 1040 with the IRS and must section, the term entity status election by section 932(b) and paragraph (b)(2) of this file a copy of that joint Form 1040 with the includes an election under § 301.7701– section, computed as follows: $30x/$90x × Virgin Islands as required by section 3(c) of this chapter, an election under $18x = $6x income tax liability to the Virgin 932(a)(2) and paragraph (b)(1) of this section. section 1362(a), and any other similar Islands. H and W must pay the applicable percentage elections. (ii) A claims a credit in the amount of $6x of their Federal income tax liability to the (4) Default status. Solely for the against his Federal income tax liability Virgin Islands as required by section 932(b) reported on his Form 1040. A attaches a and paragraph (b)(2) of this section, purpose of determining classification of × an eligible entity under § 301.7701–3(b) Form 8689, ‘‘Allocation of Individual Income computed as follows: $65x /$100x $20x = Tax to the U.S. Virgin Islands,’’ to the Form $13x income tax liability to the Virgin of this chapter and under that section as 1040 filed with the IRS and to the copy filed Islands. mirrored in the Virgin Islands, an with the Virgin Islands. (iii) H and W claim a credit against their eligible entity subject to this paragraph Example 2. (i) B, a U.S. citizen, files Federal income tax liability reported on their (h) will be classified for both Federal returns on a calendar year basis. In November joint Form 1040 in the amount of $13x, the and Virgin Islands tax purposes using 2008, B moves to the Virgin Islands, portion of their Federal income tax liability the rule that applies to domestic eligible purchases a house, and accepts a permanent required to be paid to the Virgin Islands. H entities. position with a local employer. For the and W attach a Form 8689, ‘‘Allocation of (5) Transition rules—(i) In the case of remainder of the year and throughout 2009, Individual Income Tax to the U.S. Virgin an election filed prior to April 11, 2005, B continues to live and work in the Virgin Islands,’’ to their joint Form 1040 filed with Islands and has a closer connection to the the IRS and to the copy filed with the Virgin except as provided in paragraph Virgin Islands than to the United States or Islands. (h)(5)(ii) of this section, the rules of any foreign country. As a consequence of his Example 5. N, a U.S. citizen and calendar paragraph (h)(1) of this section will employment in the Virgin Islands, B earns year taxpayer, takes the position that he is a apply as of the first day of the first income from the performance of services in bona fide resident of the Virgin Islands for taxable year of the entity beginning after the Virgin Islands during 2008 and 2009. the 2007 taxable year. On April 15, 2008, N April 11, 2005. (ii) For 2008, B does not qualify as a bona files a Form 1040, ‘‘U.S. Individual Income (ii) In the unlikely circumstance that fide resident under section 937(a) and Tax Return,’’ with the Virgin Islands for his inconsistent elections described in § 1.937–1(b) and (f)(1). Therefore, B is subject 2007 taxable year. N does not file a Form paragraph (h)(1)(iii) of this section are to the rules of sections 932(a) and (b) and 1040 with the IRS. Because there is an paragraph (b) of this section for 2008 because agreement in force between the United States filed prior to April 11, 2005, and the he has income derived from sources within and the Virgin Islands for the routine entity cannot change its classification to the Virgin Islands as determined under the exchange of income tax information, under achieve consistency because of the rules of section 937(b) and § 1.937–2. paragraph (c)(2)(ii) of this section, the sixty-month limitation described in (iii) For 2009, assuming that B otherwise Federal 3-year period of limitations under § 301.7701–3(c)(1)(iv) of this chapter, satisfies the requirements of section 937(a) section 6501(a) will expire on April 15, 2011, then the entity may nevertheless request and § 1.937–1(b), B qualifies as a bona fide and the IRS will make no further assessment permission from the Commissioner or resident of the Virgin Islands. Therefore, of income tax after that date for N’s 2007 the Director of the BIR or his delegate section 932(c) and paragraph (c) of this taxable year except as otherwise authorized section apply to B for 2009, and he must file by section 6501. to change such election to avoid his income tax return with the Virgin Islands Example 6. (i) J is a U.S. citizen and a bona inconsistent treatment by the under paragraph (c)(1) of this section. fide resident of the Virgin Islands. In 2008, Commissioner and the Director of the Provided that B fully satisfies the reporting J receives compensation for services BIR or his delegate. requirements of paragraph (c)(1) of this performed as an employee in the Virgin (iii) Except as provided in paragraphs section and fully pays the tax liability Islands in the amount of $40x. J files with the (h)(5)(i) and (h)(5)(ii) of this section, in referred to in section 934(a), B will have no Virgin Islands a Form 1040, ‘‘U.S. Individual the case of an election filed with respect Federal income tax filing requirement or Income Tax Return,’’ reporting gross income to an entity before it became an entity liability under paragraphs (c)(2) and (3) of of only $30x. Based on these facts, J has not described in paragraph (h)(2) of this this section. satisfied the conditions of section 932(c)(4) Example 3. H and W are U.S. citizens. H and paragraph (c) of this section for an section, the rules of paragraph (h)(1) of resides in State T and W is a bona fide exclusion from gross income for Federal this section will apply as of the first day resident of the Virgin Islands. For 2008, H income tax purposes. that such entity is described in and W prepare a joint Form 1040, ‘‘U.S. (ii) The facts are the same as in paragraph paragraph (h)(2) of this section. Individual Income Tax Return,’’ reporting (i) of this Example 6 except that on or before

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the last day prescribed for filing an income of the United States or any agency § 1.934–1 Limitation on reduction in tax return for J’s 2008 taxable year, J files thereof. For purposes of section 933 and income tax liability incurred to the Virgin with the Virgin Islands an amended Form this section, an employee of the Islands. 1040 for 2008, correctly reporting the full government of Puerto Rico will not be (a) General rule. Section 934(a) $40x of compensation. Provided that J provides that tax liability incurred to otherwise fully satisfies the reporting considered an employee of the United requirements of paragraph (c)(1) of this States or of an agency of the United the United States Virgin Islands (Virgin section and fully pays the tax liability States. Islands) must not be reduced or remitted referred to in section 934(a), J will have no (2) The following example illustrates in any way, directly or indirectly, Federal income tax filing requirement or the application of the general rule in whether by grant, subsidy, or other liability under paragraphs (c)(2) and (3) of paragraph (a)(1) of this section: similar payment, by any law enacted in this section. the Virgin Islands, except to the extent Example 7. (i) N is a U.S. citizen and a Example. E, a United States citizen, files provided in section 934(b). For purposes bona fide resident of the Virgin Islands. In returns on a calendar year basis. In April of the preceding sentence, the term ‘‘tax 2008, N receives compensation for services 2008, E moves to Puerto Rico, where he liability’’ means the liability incurred to performed in Country M. N files with the purchases a house and accepts a permanent the Virgin Islands pursuant to subtitle A Virgin Islands a Form 1040, ‘‘U.S. Individual position with a local employer. For the Income Tax Return,’’ reporting the remainder of the year and for the following of the Internal Revenue Code (Code), as compensation as income effectively three taxable years, E continues to live and made applicable in the Virgin Islands by connected with the conduct of a trade or work in Puerto Rico and has a closer the Act of July 12, 1921 (48 U.S.C. business in the Virgin Islands. N claims a connection to Puerto Rico than to the United 1397), or pursuant to section 28(a) of the special credit against the tax on this States or any foreign country. Assuming that Revised Organic Act of the Virgin compensation pursuant to a Virgin Islands E otherwise meets the requirements under Islands (48 U.S.C. 1642), as modified by law enacted within the limits of its authority section 937(a) and § 1.937–1(b) and (f)(1) section 7651(5)(B). under section 934. (year-of-move exception), E is considered a (ii) Under the principles of section (b) Exception for Virgin Islands bona fide resident of Puerto Rico for 2008. 864(c)(4) as applied pursuant to section income—(1) In general. Section 937(b)(1) and § 1.937–3(b), compensation for Accordingly, under section 933(1) and 934(b)(1) provides an exception to the services performed outside the Virgin Islands paragraph (a)(1) of this section, E should application of section 934(a). Under this may not be treated as income effectively exclude from his 2008 Federal gross income exception, section 934(a) does not apply connected with the conduct of a trade or any income from sources within Puerto Rico, with respect to tax liability incurred to business in the Virgin Islands for purposes of as determined under section 937(b) and the Virgin Islands to the extent that such § 1.937–2. section 934(b). Consequently, N is not tax liability is attributable to income entitled to claim the special credit under * * * * * derived from sources within the Virgin Virgin Islands law with respect to N’s income from services performed in Country M. (c) Deductions and credits. In any Islands or income effectively connected Because N has not fully paid his tax liability case in which any amount otherwise with the conduct of a trade or business referred to in section 934(a), he has not constituting gross income is excluded within the Virgin Islands. satisfied the conditions of section 932(c)(4) from gross income under the provisions (2) Limitation. Section 934(b)(2) limits and paragraph (c) of this section for an of section 933, there will not be allowed the scope of the exception provided by exclusion from gross income for Federal as a deduction from gross income any section 934(b)(1). Pursuant to this income tax purposes. Therefore, income items of expenses or losses or other limitation, the exception does not apply reported on the Form 1040 as filed with the deductions (except the deduction under with respect to an individual who is a Virgin Islands must be included in N’s section 151, relating to personal citizen or resident of the United States Federal gross income. Under paragraph (c)(3) of this section, the amount of tax paid to the exemptions), or any credit, properly (other than a bona fide resident of the Virgin Islands on such income will be allocable to, or chargeable against, the Virgin Islands). For the rules for allowed as a credit against N’s Federal amounts so excluded from gross determining tax liability incurred to the income tax liability. income. For purposes of the preceding Virgin Islands by such an individual, (j) Effective/applicability date. Except sentence, the rules of § 1.861–8 will see section 932(a) and the regulations as otherwise provided in this paragraph apply (with creditable expenditures under that section. (j), this section applies to taxable years treated in the same manner as (3) Computation rule—(i) Operative ending after April 9, 2008. Taxpayers deductible expenditures). rule. For purposes of section 934(b)(1) may choose to apply paragraph (c)(2)(ii) (d) Definitions. For purposes of this and this paragraph (b), tax liability of this section to open taxable years section— incurred to the Virgin Islands for the ending on or after December 31, 2006. taxable year attributable to income (1) The rules of § 1.937–1 will apply derived from sources within the Virgin § 1.932–1T [Removed] for determining whether an individual Islands or income effectively connected is a bona fide resident of Puerto Rico; I Par. 20. Section 1.932–1T is removed. with the conduct of a trade or business and within the Virgin Islands will be I Par. 21. Section 1.933–1 is amended (2) The rules of § 1.937–2 will apply computed as follows: by revising paragraphs (a), (c), (d), and for determining whether income is from (e) to read as follows: (A) Add to the income tax liability sources within Puerto Rico. incurred to the Virgin Islands any credit § 1.933–1 Exclusion of certain income (e) Effective/applicability date. against the tax allowed under mirrored from sources within Puerto Rico. Paragraphs (a), (c), (d), and (e) of this section 901(a). (a) General rule. (1) An individual section apply to taxable years ending (B) Multiply by taxable income from (whether a United States citizen or an after April 9, 2008. sources within the Virgin Islands and alien), who is a bona fide resident of income effectively connected with the Puerto Rico during the entire taxable § 1.933–1T [Removed] conduct of a trade or business within year, will exclude from gross income the the Virgin Islands (applying the rules of I Par. 22. Section 1.933–1T is removed. income derived from sources within § 1.861–8 to determine deductions Puerto Rico, except amounts received I Par. 23. Section 1.934–1 is revised to allocable to such income). for services performed as an employee read as follows: (C) Divide by total taxable income.

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(D) Subtract the portion of any credit connected with the conduct of a trade Compensation for services performed in allowed under mirrored section 901 or business within the United States Mexico—$30,000 (other than credits for taxes paid to the will be computed as follows: Income from inventory sales in Latin (A) Add to the income tax liability America attributable to Virgin Islands United States) determined by office—$20,000 multiplying the amount of taxable incurred to the Virgin Islands any credit Interest on a U.S. bank account—$6,000 income from sources outside the Virgin against the tax allowed under mirrored Interest on a V.I. bank account—$5,000 Islands or the United States that is section 901(a). Dividends from a U.S. corporation—$4,000 effectively connected to the conduct of (B) Multiply by taxable income that is (ii) Accordingly, S has total gross income a trade or business in the Virgin Islands derived from sources outside the United of $155,000, comprising income from sources divided by the total amount of taxable States and that is not effectively within the Virgin Islands or effectively income from such sources. connected with the conduct of a trade connected to the conduct of a trade or (ii) Limitation. Tax liability incurred or business within the United States business in the Virgin Islands (Virgin Islands to the Virgin Islands attributable to (applying the rules of § 1.861–8 to ECI) of $75,000, income from sources within income derived from sources within the determine deductions allocable to such the United States of $50,000, and income income). from other sources (not Virgin Islands ECI) of Virgin Islands or income effectively $30,000. After taking into account allowable connected with the conduct of a trade (C) Divide by total taxable income. (D) Subtract any credit allowed under deductions, S’s total taxable income is or business within the Virgin Islands, as $120,000, of which $45,000 is taxable income computed in this paragraph (b)(3), mirrored section 901 (other than credits from sources within the Virgin Islands, however, will not exceed the total for taxes paid to the United States or $15,000 is taxable income from other sources amount of income tax liability actually taxes for which a credit is allowable for that is Virgin Islands ECI under the rules of incurred. Federal income tax purposes under section 937(b) and §§ 1.937–2 and 1.937–3, (4) Definitions. For purposes of this section 906 of the Code). and $22,500 is taxable income from sources section— (ii) Limitation. Tax liability incurred outside the Virgin Islands (and outside the (i) Bona fide resident. The rules of to the Virgin Islands attributable to United States) that is not Virgin Islands ECI. income that is derived from sources S’s tax liability incurred to the Virgin Islands § 1.937–1 will apply for determining pursuant to the Internal Revenue Code as whether an individual is a bona fide outside the United States and that is not effectively connected with the conduct applicable in the Virgin Islands (mirror code) resident of the Virgin Islands; is $30,000. S is entitled to claim a credit (ii) Source. The rules of § 1.937–2 will of a trade or business within the United under section 901 of the mirror code in the apply for determining whether income States, as computed in this paragraph amount of $10,000 for income tax paid to is from sources within the Virgin (c)(3), however, will not exceed the total Mexico and other Latin American countries, Islands; and amount of income tax liability actually for a net income tax liability of $20,000. (iii) Effectively connected income. incurred. (iii) Pursuant to a Virgin Islands law that The rules of § 1.937–3 will apply for (4) U.S. income—(i) In general. For was duly enacted within the limits of its authority under section 934, S may claim a determining whether income is purposes of this section, except as provided in paragraph (c)(4)(ii) of this special deduction relating to his business effectively connected with the conduct activities in the Virgin Islands. However, of a trade or business in the Virgin section, the rules of sections 861 through 865 and the regulations under under section 934(b), S’s ability to claim this Islands. special deduction is limited. Specifically, the (c) Exception for qualified foreign those provisions will apply for maximum amount of the reduction in S’s corporations—(1) In general. Section determining whether income is from mirror code tax liability that may result from 934(b)(3) provides an exception to the sources outside the United States or claiming this deduction, computed in effectively connected with the conduct accordance with paragraph (b)(3) of this application of section 934(a). Under this × exception, section 934(a) does not apply of a trade or business within the United section, is as follows: [($20,000 + $10,000) (($45,000 + $15,000) / $120,000)] ¥ [$10,000 with respect to tax liability incurred to States. (ii) Conduit arrangements. Income × ($15,000 / ($15,000 + $22,500))] = [$30,000 the Virgin Islands by a qualified foreign × ¥ × will be considered to be from sources ($60,000 / $120,000)] [$10,000 corporation to the extent that such tax × ¥ within the United States for purposes of ($15,000 / $37,500)] = ($30,000 0.5) liability is attributable to income that is ($10,000 × 0.4) = $15,000 ¥ $4,000 = $11,000 paragraph (c)(1) of this section if, derived from sources outside the United (iv) Accordingly, S’s net tax liability pursuant to a plan or arrangement— States and that is not effectively incurred to the Virgin Islands must be at least (A) The income is received in ¥ connected with the conduct of a trade $19,000 ($30,000 $11,000), prior to taking exchange for consideration provided to into account any foreign tax credit. or business within the United States. another person; and Example 2. The facts are the same as (2) Qualified foreign corporation. For (B) Such person (or another person) purposes of paragraph (c)(1) of this Example 1, except that S is a U.S. citizen provides the same consideration (or who resides in the United States. As required section, the term qualified foreign consideration of a like kind) to a third corporation means any foreign by section 932(a) and (b), S files with the person in exchange for one or more Virgin Islands a copy of his Federal income corporation if 1 or more United States payments constituting income from tax return and pays to the Virgin Islands the persons own or are treated as owning sources within the United States. portion of his Federal income tax liability (within the meaning of section 958) less (d) Examples. The rules of this section that his Virgin Islands adjusted gross income than 10 percent of— are illustrated by the following bears to his adjusted gross income. Under (i) The total voting power of the stock examples: section 934(b)(2), S may not claim the special of such corporation; and deduction offered under Virgin Islands law (ii) The total value of the stock of such Example 1. (i) S is a U.S. citizen and a bona relating to business activities like his in the corporation. fide resident of the Virgin Islands. For 2008, Virgin Islands to reduce any of his tax (3) Computation rule—(i) Operative S files a Form 1040INFO, ‘‘Non-Virgin liability payable to the Virgin Islands under Islands Source Income of Virgin Islands section 932(b). rule. For purposes of section 934(b)(3) Residents,’’ with the Virgin Islands on which and this paragraph (c), tax liability Example 3. (i) Z is a nonresident alien who S reports total gross income as follows: resides in Country FC. In 2008, Z receives incurred to the Virgin Islands for the Compensation for services performed in the dividends from a corporation organized taxable year attributable to income that Virgin Islands—$50,000 under the law of the Virgin Islands in the is derived from sources outside the Compensation for services performed in the amount of $90x. Z’s tax liability incurred to United States and that is not effectively United States—$40,000 the Virgin Islands pursuant to section 871(a)

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of the Code as applicable in the Virgin by United States persons, A Corp constitutes 1271(b) of the Tax Reform Act of 1986, Islands (mirror code) is $27x. a qualified foreign corporation under section Public Law 99–514 (100 Stat. 2085), (ii) Pursuant to a Virgin Islands law that 934(b)(3)(B). Accordingly, the Virgin Islands with the United States that is in effect was duly enacted within the limits of its may reduce or remit A Corp’s mirror code for the entire taxable year. authority under section 934, Z may claim a income tax liability with respect to its $50x special exemption for income relating to his in gross income from sources within the (ii) The term relevant possession investment in the Virgin Islands. The Virgin Islands and its $10x in gross income means— maximum amount of the reduction in Z’s from sources in Country R that is not (A) With respect to an individual mirror code tax liability that may result from effectively connected with the conduct of A described in paragraph (a)(2)(i) of this claiming this exemption, computed in Corp’s trade or business in the United States. section, the section 935 possession of accordance with paragraph (b)(3) of this In no event, however, may the Virgin Islands × which such individual is a bona fide section, is as follows: $27x ($90x/$90x) = reduce or remit A Corp’s mirror code income resident; $27x. tax liability with respect to its $20x in gross (iii) Accordingly, depending on the terms (B) With respect to an individual income from sources in Country H that is described in paragraph (a)(2)(ii) of this of the exemption as provided under Virgin effectively connected with the conduct of A Islands law, Z’s net tax liability incurred to Corp’s trade or business in the United States. section, the section 935 possession of the Virgin Islands may be reduced or which such individual is a citizen; and eliminated entirely. (e) Effective/applicability date. This (C) With respect to an individual Example 4. (i) A Corp is organized under section applies for taxable years ending described in paragraph (a)(2)(iii) of this the laws of the Virgin Islands and is engaged after April 9, 2008. in a trade or business in the United States section, the section 935 possession from through an office in State N. All of A Corp’s § 1.934–1T [Removed] which such individual derives income. (iii) The rules of § 1.937–1 will apply outstanding stock is owned by U.S. citizens I who are bona fide residents of the Virgin Par. 24. Section 1.934–1T is removed. for determining whether an individual I Islands. During 2008, A Corp had $50x in Par. 25. Section 1.935–1 is amended is a bona fide resident of a section 935 gross income from sources within the Virgin by revising paragraphs (a), (b)(1), (b)(3), possession. Islands (as determined under section 937(b) (b)(5), (b)(6), (b)(7), (c), (d), (e), (f), and (iv) The rules of § 1.937–2 generally and § 1.937–2) that is not effectively (g) to read as follows: connected with the conduct of a trade or will apply for determining whether business in the United States; $20x in gross § 1.935–1 Coordination of individual income is from sources within a section income from sources in Country H that is income taxes with Guam and the Northern 935 possession. Pursuant to § 1.937– effectively connected with the conduct of A Mariana Islands. 2(a), however, the rules of § 1.937– Corp’s trade or business in the United States; (a) Application of section—(1) Scope. 2(c)(1)(ii) and (c)(2) do not apply for and $10x in gross income from sources in Section 935 and this section set forth purposes of section 935(a)(3) (as in Country R that is not effectively connected the special rules relating to the filing of effect before the effective date of its with the conduct of A Corp’s trade or repeal) and paragraph (a)(2)(iii) of this business in the United States. income tax returns, income tax (ii) Section 934(b)(3) permits the Virgin liabilities, and estimated income tax of section. Islands to reduce or remit the income tax individuals described in paragraph (v) The term citizen of the United liability of a qualified foreign corporation (a)(2) of this section. Paragraph (e) of States means any individual who is a arising under the Code as applicable in the this section also provides special rules citizen within the meaning of § 1.1–1(c), Virgin Islands (mirror code) with respect to requiring consistent treatment of except that the term does not include an income that is derived from sources outside business entities in the United States individual who is a citizen of a section the United States and that is not effectively 935 possession but not otherwise a connected with the conduct of a trade or and in section 935 possessions. business in the United States. A foreign (2) Individuals covered. This section citizen of the United States. The term corporation constitutes a ‘‘qualified foreign applies to any individual who— citizen of a section 935 possession but corporation’’ under section 934(b)(3)(B) if (i) Is a bona fide resident of a section not otherwise a citizen of the United less than 10 percent of the total voting power 935 possession during the entire taxable States means any individual who has and value of the stock of the corporation is year, whether or not such individual is become a citizen of the United States by owned or treated as owned (within the a citizen of the United States or a birth or naturalization in the section 935 meaning of section 958) by one or more possession. United States persons. A U.S. citizen is a resident alien (as defined in section ‘‘United States person’’ as defined in section 7701(b)(1)(A)); (vi) With respect to the United States, 7701(a)(30)(A). Given that 10 percent or more (ii) Is a citizen of a section 935 the term resident means an individual of the voting power and value of its stock is possession but not otherwise a citizen of who is a citizen (as defined in § 1.1– owned by U.S. citizens, A Corp does not the United States; 1(c)) or resident alien (as defined in constitute a ‘‘qualified foreign corporation’’ (iii) Has income from sources within section 7701(b)) and who does not have under section 934(b)(3)(B). Accordingly, the a section 935 possession for the taxable a tax home (as defined in section Virgin Islands may only reduce or remit A year, is a citizen of the United States or 911(d)(3)) in a foreign country during Corp’s mirror code income tax liability with respect to its $50x in gross income from a resident alien (as defined in section the entire taxable year. The term does sources within the Virgin Islands. 7701(b)(1)(A)) and is not a bona fide not include an individual who is a bona Example 5. (i) The facts are the same as in resident of a section 935 possession fide resident of a section 935 Example 4, except that the outstanding stock during the entire taxable year; or possession. of A Corp is owned by the following (iv) Files a joint return for the taxable (vii) The term U.S. taxpayer means an individuals: year with any individual described in individual described in paragraph U.S. citizens who are bona fide residents of paragraph (a)(2)(i), (ii), or (iii) of this (b)(1)(i) or (iii)(B) of this section. the Virgin Islands—5% section. (b) Filing requirement—(1) Tax U.S. citizens who are not bona fide residents (3) Definitions. For purposes of this jurisdiction. An individual described in of the Virgin Islands—3% Nonresident aliens who are bona fide section, the following definitions apply: paragraph (a)(2) of this section must file residents of the Virgin Islands—42% (i) The term section 935 possession an income tax return for the taxable Nonresident aliens who are not bona fide means Guam or the Northern Mariana year— residents of the Virgin Islands—50% Islands, unless such possession has (i) With the United States if such (ii) Given that less than 10 percent of the entered into an implementing individual is a resident of the United voting power and value of its stock is owned agreement, as described in section States;

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(ii) With the relevant possession if respect to a U.S. taxpayer, for purposes contributions carryover under section such individual is described in of taxes imposed by Chapter 1 of the 170, the carryback or carryover will be paragraph (a)(2)(i) of this section; or Internal Revenue Code (Code), the reported on the return filed with the (iii) If neither paragraph (b)(1)(i) nor United States generally will be treated, United States in accordance with paragraph (b)(1)(ii) of this section in a geographical and governmental paragraph (b)(1)(i) or (b)(1)(iii)(B) of this applies— sense, as including the relevant section, even though the return of the (A) With the relevant possession if possession. The purpose of this rule is taxpayer for the taxable year giving rise such individual is described in to facilitate the coordination of the tax to the carryback or carryover was paragraph (a)(2)(ii) of this section; or systems of the United States and the required to be filed with a section 935 (B) With the United States if such relevant possession. Accordingly, the possession; and individual is a citizen of the United rule will have no effect where it is (E) The treatment of property States, as defined in paragraph (a)(3) of manifestly inapplicable or its exchanged for property of a like kind this section. application would be incompatible with (section 1031). Thus for example, if a * * * * * the intent of any provision of the Code. U.S. taxpayer exchanges real property (3) Place for filing returns—(i) U.S. (ii) Application of general rule. located in the United States for real returns. A return required under this Contexts in which the general rule of property located in the relevant paragraph (b) to be filed with the United paragraph (c)(1)(i) of this section apply possession, notwithstanding the States must be filed as directed in the include— provisions of section 1031(h), such applicable forms and instructions. (A) The characterization of taxes paid exchange may qualify as a like-kind (ii) Guam returns. A return required to the relevant possession. Income tax exchange under section 1031 (provided under this paragraph (b) to be filed with paid to the relevant possession may be that all the other requirements of section taken into account under sections 31, Guam must be filed as directed in the 1031 are satisfied). 6315, and 6402(b) as payments to the (iii) Nonapplication of general rule. applicable forms and instructions. United States. Taxes paid to the relevant Contexts in which the general rule of (iii) NMI returns. A return required possession and otherwise satisfying the paragraph (c)(1)(i) of this section does under this paragraph (b) to be filed with requirements of section 164(a) will be not apply include— the Northern Mariana Islands must be allowed as a deduction under that (A) The application of any rules or filed as directed in the applicable forms section, but income taxes paid to the regulations that explicitly treat the and instructions. relevant possession will be disallowed United States and any (or all) of its * * * * * as a deduction under section 275(a); possessions as separate jurisdictions (for (5) Tax payments. The tax shown on (B) The determination of the source of example, sections 931 through 937, the return must be paid to the income for purposes of the foreign tax 7651, and 7654); jurisdiction with which such return is credit (for example, sections 901 (B) The determination of any aspect of required to be filed and must be through 904). Thus, for example, after a an individual’s residency (for example, determined by taking into account any U.S. taxpayer determines which items of sections 937(a) and 7701(b)). Thus, for credit under section 31 for tax withheld income constitute income from sources example, an individual whose principal by the relevant possession or the United within the relevant possession under place of abode is in the relevant States on wages, any credit under the rules of section 937(b), such income possession is not considered to have a section 6402(b) for an overpayment of will be treated as income from sources principal place of abode in the United income tax to the relevant possession or within the United States for purposes of States for purposes of section 32(c); the United States, and any payments section 904; (C) The determination of the source of under section 6315 of estimated income (C) The eligibility of a corporation to income for purposes other than the tax paid to the relevant possession or make a subchapter S election (sections foreign tax credit (for example, sections the United States. 1361 through 1379). Thus, for example, 935, 937, and 7654). Thus, for example, (6) Liability to other jurisdiction—(i) for purposes of determining whether a income determined to be derived from Filing with the relevant possession. In corporation created or organized in the sources within the relevant possession the case of an individual who is relevant possession may make an under section 937(b) will not be required under paragraph (b)(1) of this election under section 1362(a) to be a considered income from sources within section to file a return with the relevant subchapter S corporation, it will be the United States for purposes of Form possession for a taxable year, if such treated as a domestic corporation and a 5074, ‘‘Allocation of Individual Income individual properly files such return U.S. taxpayer shareholder will not be Tax to Guam or the Commonwealth of and fully pays his or her income tax treated as a nonresident alien individual the Northern Mariana Islands (CNMI)’’; liability to the relevant possession, such with respect to such corporation. While (D) The definition of wages (section individual is relieved of liability to file such an election is in effect, the 3401). Thus, for example, services an income tax return with, and to pay corporation will be treated as a domestic performed by an employee for an an income tax to, the United States for corporation for all purposes of the Code. employer in the relevant possession do the taxable year. For the consistency requirement with not constitute services performed in the (ii) Filing with the United States. In respect to entity status elections, see United States under section 3401(a)(8); the case of an individual who is paragraph (e) of this section; and required under paragraph (b)(1) of this (D) The treatment of items carried (E) The characterization of a section to file a return with the United over from other taxable years. Thus, for corporation for purposes other than States for a taxable year, such individual example, if a U.S. taxpayer has for a subchapter S (for example, sections 367, is relieved of liability to file an income taxable year a net operating loss 951 through 964, 1291 through 1298, tax return with, and to pay an income carryback or carryover under section 6038, and 6038B). Thus, for example, if tax to, the relevant possession for the 172, a foreign tax credit carryback or a U.S. taxpayer transfers appreciated taxable year. carryover under section 904, a business tangible property to a corporation (7) [Reserved]. credit carryback or carryover under created or organized in the relevant (c) Extension of territory—(1) U.S. section 39, a capital loss carryover possession in a transaction described in taxpayers—(i) General rule. With under section 1212, or a charitable section 351, he or she must recognize

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gain unless an exception under section (3) Erroneous payment. If the to have been made for Federal tax 367(a) applies. Also, if a corporation individual or spouses erroneously pay purposes; and created or organized in the relevant estimated income tax to the United (iii) If inconsistent entity status possession qualifies as a passive foreign States instead of the relevant possession elections are filed with the relevant investment company under sections or vice versa, only subsequent payments possession and the IRS, both the 1297 and 1298 with respect to a U.S. or amendments of the payments are Commissioner and the appropriate tax taxpayer, a dividend paid to such required to be made pursuant to authority of the relevant possession shareholder does not constitute paragraph (d)(1) or (d)(2) of this section may, at their individual discretion, treat qualified dividend income under with the other jurisdiction. the elections they each received as section 1(h)(11)(B). (4) Place for payment. Estimated invalid and may deem the election filed (2) Application in relevant possession. income tax required under this in the other jurisdiction to have been In applying the territorial income tax of paragraph (d) to be paid to Guam or the made also for tax purposes in their own the relevant possession, such possession Northern Mariana Islands must be paid jurisdiction. See Rev. Proc. 2006–23 generally will be treated, in a as directed in the applicable forms and (2006–1 C.B. 900) (see geographical and governmental sense, as instructions issued by the relevant § 601.601(d)(2)(ii)(b) of this chapter) for including the United States. Thus, for possession. Estimated income tax procedures for requesting the assistance example, income tax paid to the United required under paragraph (d)(1) of this of the IRS when a taxpayer is or may be States may be taken into account under section to be paid to the United States subject to inconsistent tax treatment by sections 31, 6315, and 6402(b) as must be paid as directed in the the IRS and a U.S. possession tax payments to the relevant possession. applicable forms and instructions. agency.) Moreover, a citizen of the United States (5) Liability to other jurisdiction—(i) (2) Scope. This paragraph (e) applies (as defined in paragraph (a)(3) of this Filing with Guam or the Northern to the following business entities: section) not a resident of the relevant Mariana Islands. Subject to paragraph (i) A business entity (as defined in possession will not be treated as a (d)(6) of this section, an individual § 301.7701–2(a) of this chapter) that is required under this paragraph (d) to pay nonresident alien individual for domestic (as defined in § 301.7701–5 of estimated income tax (and amendments purposes of the territorial income tax of this chapter), or otherwise treated as thereof) to Guam or the Northern the relevant possession. Thus, for domestic for purposes of the Code, and Mariana Islands is relieved of liability to example, a citizen of the United States that is owned in whole or in part by any pay estimated income tax (and (as so defined), or a resident of the person who is either a bona fide amendments thereof) to the United United States, will not be treated as a resident of a section 935 possession or States. nonresident alien individual for a business entity created or organized in (ii) Filing with the United States. a section 935 possession. purposes of section 1361(b)(1)(C) of the Subject to paragraph (d)(6) of this Guam territorial income tax. (ii) A business entity that is created or section, an individual required under organized in a section 935 possession (d) Special rules for estimated income this paragraph (d) to pay estimated and that is owned in whole or in part tax—(1) In general. An individual must income tax (and amendments thereof) to by any U.S. person (other than a bona make each payment of estimated income the United States is relieved of liability fide resident of such possession). tax (and any amendment to the to pay estimated income tax (and (3) Definitions. For purposes of this estimated tax payment) to the amendments thereof) to the relevant section— jurisdiction with which the individual possession. (i) The term appropriate tax authority reasonably believes, as of the date of (6) Underpayments. The liability of an of the relevant possession means the that payment (or amendment), that he or individual described in paragraph (a)(2) individual responsible for tax she will be required to file a return for of this section for underpayments of administration in such possession or his the taxable year under paragraph (b)(1) estimated income tax for a taxable year, delegate; and of this section. In determining the as determined under section 6654, will (ii) The term entity status election amount of such estimated income tax, be to the jurisdiction with which the includes an election under § 301.7701– income tax paid to the relevant individual is required under paragraph 3(c) of this chapter, an election under possession may be taken into account (b) of this section to file his or her return section 1362(a), and any other similar under sections 31 and 6402(b) as for the taxable year. elections. payments to the United States, and vice (e) Entity status consistency (4) Default status. Solely for the versa. For other rules relating to requirement—(1) In general. Taxpayers purpose of determining classification of estimated income tax, see section 6654. should make consistent entity status an eligible entity under § 301.7701–3(b) (2) Joint estimated income tax. In the elections (as defined in paragraph of this chapter and under that section as case of married persons making a joint (e)(3)(ii) of this section), when mirrored in the relevant possession, an payment of estimated income tax, the applicable, in both the United States eligible entity subject to this paragraph taxpayers must make each payment of and section 935 possessions. In the case (e) will be classified for both Federal estimated income tax (and any of a business entity to which this and the relevant possession tax amendment to the estimated tax paragraph (e) applies— purposes using the rule that applies to payment) to the jurisdiction where the (i) If an entity status election is filed domestic eligible entities. spouse who has the greater estimated with the Internal Revenue Service (IRS) (5) Transition rules—(i) In the case of adjusted gross income for the taxable but not with the relevant possession, the an election filed prior to April 11, 2005, year would be required under paragraph appropriate tax authority of the relevant except as provided in paragraph (d)(1) of this section to pay estimated possession, at his discretion, may deem (e)(5)(ii) of this section, the rules of income tax if separate payments were the election also to have been made for paragraph (e)(1) of this section will made. For this purpose, estimated the relevant possession tax purposes; apply as of the first day of the first adjusted gross income of each spouse (ii) If an entity status election filed taxable year of the entity beginning after for the taxable year is determined with the relevant possession but not April 11, 2005. without regard to community property with the IRS, the Commissioner, at his (ii) In the unlikely circumstance that laws. discretion, may deem the election also inconsistent elections described in

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paragraph (e)(1)(iii) of this section are terminates in June 2011. B properly pays his Islands or a section 935 possession (as filed prior to April 11, 2005, and the April 2008 estimated tax to the United States, defined in § 1.935–1(a)(3)(i)). entity cannot change its classification to continues to pay estimated tax for the 2008 (i) Effective/applicability date. *** achieve consistency because of the taxable year to the United States under I Par. 28. Section 1.937–2 is added to paragraph (d) of this section, and properly sixty-month limitation described in files his 2008 return with the United States. read as follows: § 301.7701–3(c)(1)(iv) of this chapter, (ii)(A) On the date of each payment of then the entity may nevertheless request § 1.937–2 Income from sources within a estimated tax in 2009, B reasonably believes possession. permission from the Commissioner or that he would be required to file his return appropriate tax authority of the relevant for 2009 with Possession G under paragraph (a) Scope. Section 937(b) and this possession to change such election to (b)(1) of this section. section set forth the rules for avoid inconsistent treatment by the (B) In August 2009, B determines that he determining whether income is Commissioner and the appropriate tax has overpaid tax for the previous year in the considered to be from sources within a authority of the relevant possession. amount of $1000. B properly pays all particular possession (the relevant (iii) Except as provided in paragraphs estimated taxes to Possession G for 2009, possession) for purposes of the Internal subtracting the $1000 overpayment from his (e)(5)(i) and (e)(5)(ii) of this section, in Revenue Code, including section 957(c) estimated tax payments pursuant to section and Subpart D, Part III, Subchapter N, the case of an election filed with respect 6402(b), and properly files his tax return with to an entity before it became an entity Chapter 1 of the Internal Revenue Code, Possession G. as well as section 7654(a) of the 1954 described in paragraph (e)(2) of this (iii) In April 2010, B reasonably believes section, the rules of paragraph (e)(1) of that he would be returning to the United Internal Revenue Code (until the this section will apply as of the first day States in the Fall of 2010, and properly pays effective date of its repeal). Paragraphs that such entity is described in estimated tax to the United States. By June (c)(1)(ii) and (c)(2) of this section do not paragraph (e)(2) of this section. 2010, B reasonably believes that he would apply, however, for purposes of sections (iv) In the case of an entity created or not be moving from Possession G and would 932(a) and (b) and 935(a)(3) (as in effect organized prior to April 11, 2005, be a bona fide resident of Possession G for before the effective date of its repeal). In the entire taxable year. B makes his paragraph (e)(4) of this section will take the case of a possession or territory that remaining estimated tax payments to administers income tax laws that are effect for Federal income tax purposes Possession G. On his 2010 tax return filed (or the relevant possession income tax identical (except for the substitution of with Possession G, pursuant to section 6315, the name of the possession or territory purposes, as the case may be) as of the B properly takes into account payments made first day of the first taxable year of the to both the United States and Possession G for the term ‘‘United States’’ where entity beginning after April 11, 2005. as estimated taxes. appropriate) to those in force in the (f) Examples. The application of this (iv) In April 2011, B reasonably believes United States, these rules do not apply section is illustrated by the following that he would be a bona fide resident of for purposes of the application of such examples: Possession G for the entire taxable year 2011 laws. These rules also do not affect the and properly pays estimated taxes to determination of whether income is Example 1. (i) B, a United States citizen, Possession G. By the time B pays his considered to be from sources without files returns on a calendar year basis. In estimated taxes for June 2011, B’s the United States for purposes of the November 2008, B moves to Possession G, a employment terminates and he moves to Internal Revenue Code. section 935 possession; purchases a house; State H. B properly makes his remaining and accepts a permanent position with a (b) In general. Except as provided in estimated tax payments to the United States. paragraphs (c) through (i) of this section, local employer. For the remainder of the year On his return for 2011, properly filed with and throughout 2009, B continues to live and the United States, B determines that he has the principles of sections 861 through work in Possession G and has a closer underpaid estimated taxes throughout 2011 865 and the regulations under those connection to Possession G than to the in an amount subject to penalty under provisions (relating to the determination United States or any foreign country. As a section 6654. B owes the United States an of the gross and the taxable income from consequence of his employment in estimated tax penalty under section 6654. sources within and without the United Possession G, B earns income from the (g) Effective/applicability date. States) generally will be applied in performance of services in Possession G determining the gross and the taxable during 2008 and 2009. Paragraphs (a), (b)(1), (b)(3), (b)(5) (ii) For 2008, B does not qualify as a bona through (b)(7), and (c) through (f) of this income from sources within and fide resident of Possession G under section section apply to taxable years ending without the relevant possession. In the 937(a) and § 1.937–1(b) and (f)(1). Therefore, after April 9, 2008. application of such principles, it B is subject to the rules applicable to generally will be sufficient to substitute, individuals described in paragraph (a)(2)(iii) § 1.935–1T [Removed] where appropriate, the name of the of this section for 2008 because he has I Par. 26. Section 1.935–1T is removed. relevant possession for the term ‘‘United income derived from sources within I States,’’ and to substitute, where Possession G as determined under the rules Par. 27. Section 1.937–1 is amended by revising paragraph (h)(3) and the appropriate, the term ‘‘bona fide of section 937(b) and § 1.937–2. resident of’’ followed by the name of the (iii) For 2009, assuming that B otherwise heading of paragraph (i) to read as satisfies the requirements of section 937(a) follows: relevant possession for the term ‘‘United and § 1.937–1(b), B qualifies as a bona fide States resident.’’ Furthermore, the term resident of Possession G. Therefore, section § 1.937–1 Bona fide residency in a domestic will be construed to mean 935(b)(1)(B) and paragraph (b)(1)(ii) of this possession. created or organized in the relevant section apply to B for 2009, and he must file * * * * * possession. In applying these principles, his income tax return with Possession G (h)(3) Bona fide residents of Puerto additional substitutions may be under paragraph (b)(1) of this section. Rico or a section 931 possession (as necessary to accomplish the intent of Provided that B properly files such return defined in § 1.931–1(c)(1)) who take a section 937(b) and this section. For and pays his income tax liability to position for U.S. tax reporting purposes example, in applying the principles of Possession G, B is relieved of liability to file an income tax return with, and to pay an that they qualify as bona fide residents sections 863(d) and (e) to individuals income tax to, the United States for 2009 of that possession for a tax year under this paragraph (b), the term ‘‘bona under paragraph (b)(6) of this section. subsequent to a tax year for which they fide resident of a possession’’ will be Example 2. (i) The facts are the same as in were required to file income tax returns used instead of the term ‘‘United States Example 1 except that B’s employment as bona fide residents of the U.S. Virgin person.’’ In no case, however, will a

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bona fide resident or other person have, will not include gains from the paragraph (f)(1)(iii) of this section may as a result of the application of these disposition of property described in elect to treat as gain from sources within principles, more income from sources paragraph (f)(1)(ii) of this section by an the relevant possession the portion of within the relevant possession than the individual described in paragraph the gain attributable to the individual’s amount of income from sources within (f)(1)(iii) of this section. See also section possession holding period. The election the United States that a similarly 1277(e) of the Tax Reform Act of 1986, under this paragraph (f)(1)(vi) will be situated U.S. person who is not a bona Public Law 99–514 (100 Stat. 2085) considered made if the individual’s fide resident would have under sections (providing that gains from the income tax return for the year of 861 through 865. disposition of certain property by disposition of the property reports the (c) U.S. income—(1) In general. individuals who acquired residency in portion of gain attributable to the Except as provided in paragraph (d) of certain possessions will be considered taxpayer’s possession holding period as this section, income from sources to be from sources within the United determined in accordance with within the relevant possession will not States). paragraph (f)(1)(vi)(A) or paragraph include any item of income determined (ii) Property is described in this (f)(1)(vi)(B) of this section, as the case under the rules of sections 861 through paragraph (f)(1)(ii) when the following may be. 865 and the regulations under those conditions are satisfied— (A) In the case of marketable provisions to be— (A) The property is of a kind securities, the portion of gain (i) From sources within the United described in section 731(c)(3)(C)(i) or attributable to the possession holding States; or 954(c)(1)(B); and period will be determined by reference (ii) Effectively connected with the (B) The property was owned by the to the fair market value of the conduct of a trade or business within individual before such individual marketable security at the close of the the United States. became a bona fide resident of the market on the first day of the (2) Conduit arrangements. Income relevant possession. individual’s possession holding period. will be considered to be from sources (iii) An individual is described in this In the event that the individual is a bona within the United States for purposes of paragraph (f)(1)(iii) when the following fide resident of the relevant possession paragraph (c)(1) of this section if, conditions are satisfied— for more than a single continuous pursuant to a plan or arrangement— (A) For the taxable year for which the period, the portion of gain described in (i) The income is received in source of the gain must be determined, this paragraph (f)(1)(vi)(A) will be the exchange for consideration provided to the individual is a bona fide resident of aggregate of the portions of gain (or another person; and the relevant possession; and offsetting loss) attributable to each (ii) Such person (or another person) (B) For any of the 10 years preceding possession holding period. provides the same consideration (or such year, the individual was a citizen (B) In the case of property other than consideration of a like kind) to a third or resident of the United States (other marketable securities, the portion of person in exchange for one or more than a bona fide resident of the relevant gain attributable to the possession payments constituting income from possession). holding period in the relevant sources within the United States. (iv) If an individual described in possession will be determined by (d) Income from certain sales of paragraph (f)(1)(iii) of this section multiplying the total gain on disposition inventory property. For special rules exchanges property described in of the property by a fraction, the that apply to determine the source of paragraph (f)(1)(ii) of this section for numerator of which is the number of income from certain sales of inventory other property in a transaction in which days in the possession holding period property, see § 1.863–3(f). gain or loss is not required to be and the denominator of which is the (e) Service in the Armed Forces. In the recognized (in whole or in part) under total number of days in the individual’s case of a member of the Armed Forces U.S. income tax principles, such other holding period for the property. For of the United States, the following rules property will also be considered purposes of the preceding sentence, in will apply for determining the source of property described in paragraph (f)(1)(ii) the event that the individual is a bona compensation for services performed in of this section. fide resident of the relevant possession compliance with military orders: (v) If an individual described in for more than a single continuous (1) If the individual is a bona fide paragraph (f)(1)(iii) of this section owns, period, the number of days in the resident of a possession and such directly or indirectly, at least 10 percent numerator will be the aggregate of the services are performed in the United (by value) of any entity to which number of days in each possession States or in another possession, the property described in paragraph (f)(1)(ii) holding period. For purposes of this compensation constitutes income from of this section is transferred in a paragraph (f)(1)(vi)(B), the denominator sources within the possession of which transaction in which gain or loss is not will include days that are required to be the individual is a bona fide resident required to be recognized (in whole or included in an individual’s holding (and not from sources within the United in part) under U.S. income tax period under section 735(b), section States or such other possession). principles, any gain recognized upon a 1223, and any other applicable holding (2) If the individual is not a bona fide disposition of the property by such period rule in the Internal Revenue resident of a possession and such entity will be treated as income from Code. services are performed in a possession, sources outside the relevant possession (vii) For purposes of paragraph the compensation constitutes income if any gain recognized upon a direct or (f)(1)(vi) of this section— from sources within the United States indirect disposition of the individual’s (A) The term marketable securities (and not from sources within such interest in such entity would have been means property described in paragraph possession). so treated under paragraph (f)(1)(iv) of (f)(1)(ii) of this section that is, (f) Gains from certain dispositions of this section. throughout the individual’s holding property—(1) Property of former U.S. (vi) Notwithstanding the general rule period, actively traded within the residents. (i) Except to the extent an of paragraph (f)(1)(i) of this section and meaning of § 1.1092(d)–1(a); and election is made under paragraph section 1277(e) of the Tax Reform Act of (B) The term possession holding (f)(1)(vi) of this section, income from 1986, Public Law 99–514 (100 Stat. period means the part of the sources within the relevant possession 2085), an individual described in individual’s holding period for the

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property during which the individual is who owns, directly or indirectly, at least corporation’’ for purposes of section a bona fide resident of the relevant 10 percent of the total voting stock of 904(h); and possession. However, for this purpose, the corporation. (2) In all other cases, the amount will the possession holding period will be (ii) Dividends from corporations be considered income from sources in considered to commence in all cases on engaged in the active conduct of a trade the jurisdiction in which the the first day during such period that the or business in the relevant possession. corporation is created or organized. individual does not have a tax home The entire amount of any dividend paid (i) Interest—(1) Interest from certain outside the relevant possession. In the or accrued by a possessions corporation possessions corporations—(i) In general. event that the individual is a bona fide will be treated as income from sources Except as provided in paragraph resident of the relevant possession for within the possession in which it is (i)(1)(ii) of this section, with respect to more than a single continuous period, created or organized when the following any possessions shareholder (as defined each possession holding period prior to conditions are met— in paragraph (g)(1)(i)(B) of this section), the one ending on the date of sale or (A) 80 percent or more of the gross interest paid or accrued by a other disposition will be considered to income of the corporation for the testing possessions corporation will be treated end on the first day that the individual period was derived from sources within as income from sources within the has a tax home outside the relevant such possession (applying the rules of possession in which it is created or possession. With respect to the this section) or was effectively organized to the extent that such determination of tax home, see § 1.937– connected with the conduct of a trade interest is allocable to assets that 1(d). or business in such possession generate, have generated, or could (2) Special rules under section 865 for (applying the rules of § 1.937–3); and reasonably have been expected to possessions—(i) Except as provided in (B) 50 percent or more of the gross generate income from sources within paragraph (f)(1) of this section— income of the corporation for the testing such possession (under the rules of this (A) Gain that is considered to be period was derived from the active section) or income effectively connected derived from sources outside of the conduct of a trade or business within with the conduct of a trade or business United States under section 865(g)(3) such possession. within such possession (under the rules will be considered income from sources (iii) Testing period. For purposes of of § 1.937–3). For purposes of the within Puerto Rico; and preceding sentence, the principles of (B) Gain that is considered to be this paragraph (g)(1), the term testing period means the 3-year period ending §§ 1.861–9 through 1.861–12 will apply. derived from sources outside of the (ii) Interest from corporations engaged United States under section 865(h)(2)(B) with the close of the taxable year of the payment of the dividend (or for such in the active conduct of a trade or will be considered income from sources business in the relevant possession. The within the possession in which the part of such period as the corporation has been in existence). entire amount of any interest paid or liquidating corporation is created or accrued by a possessions corporation organized. (iv) Subsidiary look-through rule. For purposes of this paragraph (g)(1), if a will be treated as income from sources (ii) In applying the principles of within the possession in which it is section 865 and the regulations under possessions corporation owns (directly or indirectly) at least 25 percent (by created or organized when the that section pursuant to paragraph (b) of conditions of paragraphs (g)(1)(ii)(A) this section, the rules of section 865(g) value) of the stock of another corporation, such possessions and (B) of this section are met (applying will not apply, but the special rule of the rules of paragraphs (g)(1)(iii) and (iv) section 865(h)(2)(B) will apply with corporation will be treated as if it— (A) Directly received its proportionate of this section). respect to gain recognized upon the (2) Interest from partnerships. Interest liquidation of corporations created or share of the income of such other corporation; and paid or accrued by a partnership will be organized in the United States. treated as income from sources within a (B) Actively conducted any trade or (g) Dividends—(1) Dividends from possession only to the extent that such business actively conducted by such certain possessions corporations—(i) In interest is allocable to income other corporation. general. Except as provided in effectively connected with the conduct (2) Dividends from other corporations. paragraph (g)(1)(ii) of this section, with of a trade or business in such In applying the principles of section 861 respect to any possessions shareholder, possession. For purposes of the and the regulations under that section only the possessions source ratio of any preceding sentence, the principles of pursuant to paragraph (b) of this section, dividend paid or accrued by a § 1.882–5 will apply (as if the the special rules relating to dividends corporation created or organized in a partnership were a foreign corporation for which deductions are allowable possession (possessions corporation) and as if the trade or business in the under section 243 or 245 will not apply. will be treated as income from sources possession were a trade or business in (h) Income inclusions. For purposes of within such possession. For purposes of the United States). this paragraph (g)— determining whether an amount (j) Indirect ownership. For purposes of (A) The possessions source ratio will described in section 904(h)(1)(A) this section, the rules of section be a fraction, the numerator of which is constitutes income from sources within 318(a)(2) will apply except that the the gross income of the possessions the relevant possession— language ‘‘5 percent’’ will be used corporation from sources within the (1) If the individual owns (directly or instead of ‘‘50 percent’’ in section possession in which it is created or indirectly) at least 10 percent of the total 318(a)(2)(C). organized (applying the rules of this voting stock of the corporation from (k) Examples. The provisions of this section) for the testing period and the which such amount is derived, the section may be illustrated by the denominator of which is the total gross principles of section 904(h)(2) will following examples: income of the corporation for the testing apply. In the case of an individual who is not a possessions shareholder (as Example 1. (i) X, a U.S. citizen, resides in period; and State N and acquires stock of Corporation C, (B) The term possessions shareholder defined in paragraph (g)(1)(i)(B) of this a domestic corporation, in 2008 for $10x. X means any individual who is a bona fide section), the preceding sentence will moves to the Northern Mariana Islands (NMI) resident of the possession in which the apply only if the corporation qualifies as on March 1, 2009 and changes his principal corporation is created or organized and a ‘‘United States-owned foreign place of business to NMI on that same date.

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Assume for purposes of this example that, within NMI. X’s possession holding period having owned the interest in Partnership P under § 1.937–1(b) and (f)(1) (year-of-move with respect to NMI begins on March 1, 2009, for a period of 4 years (1461 days), R sells exception), X is considered a bona fide the date his tax home changes to the NMI. it, recognizing gain of $100x. resident of NMI for 2009 through 2012. On Under paragraph (f)(1)(vi)(A) of this section, (ii) Pursuant to paragraph (f)(1) of this March 1, 2009, the closing value of X’s stock the portion of X’s gain attributable to this section, and absent an election under in Corporation C, a marketable security possession holding period is $50x, the excess paragraph (f)(1)(vi) of this section, the gain (within the meaning of paragraph of the sale price of the stock ($70x) over its will not be treated as income from sources (f)(1)(vii)(A) of this section), is $20x. On closing value ($20x) on the first day of the within Puerto Rico for purposes of the January 3, 2012, X sells all his Corporation possession holding period. By reporting $50x Internal Revenue Code (including section C stock for $70x. of gain on his 2012 NMI return, X will elect 933(1)). However, pursuant to paragraph (ii) Pursuant to section 1277(e) of the Tax under paragraph (f)(1)(vi) of this section to (f)(1)(vi) of this section, R may elect on her Reform Act of 1986, and absent an election treat that amount as NMI source income. 2012 return filed with the IRS to treat the under paragraph (f)(1)(vi) of this section, all Example 2. (i) R, a U.S. citizen, resides in portion of this gain attributable to R’s of X’s gain ($60x) will be treated as income State F and acquires a 5 percent interest in from sources within the United States for all Partnership P on January 1, 2009. R moves possession holding period with respect to purposes of the Internal Revenue Code to Puerto Rico on June 1, 2010 and changes Puerto Rico as gain from sources within (including section 7654, as in effect with her principal place of business to Puerto Rico Puerto Rico. R’s possession holding period respect to the NMI), and (under paragraph on that same date. Assume for purposes of with respect to Puerto Rico is the 945-day (f)(1)(i) of this section) not as income from this example that under § 1.937–1(b) and period from June 1, 2010, the date her tax sources in the NMI. However, pursuant to (f)(1) (year-of-move exception), R is home changes to Puerto Rico, through paragraph (f)(1)(vi) of this section, X may considered a bona fide resident of Puerto December 31, 2012, the date of sale. Under elect on his 2012 income tax return filed with Rico for 2010 through 2012. On June 1, 2010, paragraph (f)(1)(vi)(B) of this section, the NMI to treat the portion of this gain R’s interest in Partnership P is not a portion of R’s gain attributable to this attributable to X’s possession holding period marketable security within the meaning of possession holding period is $64.68x, with respect to NMI as gain from sources section 731(c)(2). On December 31, 2012, computed as follows:

945 days in possession holding period $100 ××gain 1461 days in total holding period

(iii) By reporting $64.68x of gain on her Sources paragraph (b) of this section, the 2012 Federal return, R will elect under Possession outside pos- compensation that X receives for services paragraph (f)(1)(vi) of this section to treat that I sources session I performed in international waters is treated amount as Puerto Rico source income. as income from sources within the NMI for Example 3. X, a bona fide resident of 2008 ...... $10x $6x purposes of the Internal Revenue Code Possession S, a section 931 possession (as 2009 ...... 14x 8x (including section 7654, as in effect with defined in § 1.931–1(c)(1)), is engaged in a 2010 ...... 10x 4x respect to the NMI). Thus, all of X’s trade or business in the United States compensation for services during 2008 is through an office in State H. In 2008, this (iii) A Corp is treated as having received treated as income from sources within the office materially participates in the sale of 50 percent of the gross income of B Corp. NMI. inventory property in Possession S, such that Therefore, for 2008 through 2010, the gross Example 6. X, a U.S. citizen, resides in the income from these inventory sales is income of A Corp is from the following State L and receives $2,500 of compensation considered effectively connected to this trade sources: for services performed in Possession J during or business in the United States under 2008 for Y, X’s employer. X is temporarily present in Possession J in 2008 for a period section 864(c)(4)(B)(iii). This income will not Sources Possession (or periods) not exceeding a total of 90 days. be treated as income from sources within I sources outside pos- session I Y, a U.S. citizen, is not a bona fide resident Possession S for purposes of section 931(a)(1) of Possession J and is not engaged in a trade pursuant to paragraph (c)(1)(ii) of this 2008 ...... $15x $23x or business within Possession J. Under the section, but nonetheless will continue to be 2009 ...... 27x 14x principles of section 861(a)(3) as applied treated as income from sources without the 2010 ...... 30x 17x pursuant to paragraph (b) of this section, the United States under section 862 (for example, compensation that X receives for services for purposes of section 904). Totals ...... $72x $54x performed in Possession J during 2008 is not Example 4. (i) X, a bona fide resident of treated as income from sources within Possession I, owns 25 percent of the (iv) Pursuant to paragraph (g) of this Possession J. outstanding shares of A Corp, a corporation section, the portion of the dividend of $70x Example 7. (i) Company Y, a corporation organized under the laws of Possession I. In that X receives from Corp A in 2010 that is organized in State C, produces, markets, and 2010, X receives a dividend of $70x from A treated as income from sources within distributes music products. Y enters into a Corp. During 2008 through 2010, A Corp has Possession I is 72/126 of $70x, or $40x. recording contract with Z, a recording artist gross income from the following sources: Example 5. X is a U.S. citizen and a bona who is a bona fide resident of the U.S. Virgin fide resident of the Northern Mariana Islands Islands (USVI). Pursuant to the contract (NMI). In 2008, X receives compensation for Possession Sources between Y and Z, Z agrees to perform I sources outside pos- services performed as a member of the crew services as writer, musician, and vocalist on session I of a fishing boat. Ten percent of the services the recording of a new musical composition for which X receives compensation are and related music video. Under the contract, 2008 ...... $10x $20x performed in the NMI, and 90 percent of X’s all songs, recordings and related artwork, 2009 ...... 20x 10x services are performed in international packaging copy, and liner notes, together 2010 ...... 25x 15x waters. Under the principles of section with copyrights and other intellectual 861(a)(3) as applied pursuant to paragraph (b) property in those works, are the sole property (ii) A Corp owns 50 percent of the of this section, the compensation that X of Y, and Z obtains no proprietary rights in outstanding shares of B Corp, a corporation receives for services performed in the NMI is that property. As compensation for Z’s organized under the laws of Country FC. treated as income from sources within the services, all of which are performed at a During 2008 through 2010, B Corp has gross NMI. Under the principles of section recording studio or other locations in the income from the following sources: 863(d)(1)(A) as applied pursuant to USVI, Y agrees to pay amounts designated as

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the ‘‘writer’s share’’ to Z based on a those in force in the United States, these paragraph (c)(1) of this section if, percentage of the music products sold. Y also rules do not apply for purposes of the pursuant to a plan or arrangement— agrees to make an upfront payment to Z as application of such laws. (i) The income is received in an advance against future portions of Z’s (b) In general. Except as provided in exchange for consideration provided to writer’s share. another person; and (ii) To the extent that Z performs personal paragraphs (c) and (d) of this section, services within the USVI, the compensation the principles of section 864(c) and the (ii) Such person (or another person) that Z receives for his services is sourced to regulations under that section (relating provides the same consideration (or the USVI under the principles of section to the determination of income, gain or consideration of a like kind) to a third 861(a)(3) and § 1.861–4 as applied pursuant loss that is effectively connected with person in exchange for one or more to § 1.937–2(b). If all of Z’s services are the conduct of a trade or business payments constituting income from performed in the USVI, none of the writer’s within the United States) generally will sources within the United States. share is derived from sources within the be applied in determining whether (d) Income from certain sales of United States under section 861(a)(3) and income is effectively connected with the inventory property. Paragraph (c) of this § 1.861–4, nor is it effectively connected with section will not apply to income from the conduct of a trade or business in the conduct of a trade or business within United States under section 864(c)(3). the relevant possession, without regard sales of inventory property described in Accordingly, the U.S. income rule of section to whether the taxpayer qualifies as a § 1.863–3(f). 937(b)(2) and paragraph (c)(1) of this section nonresident alien individual or a foreign (e) Examples. The provisions of this would not operate to prevent Z’s services corporation with respect to such section may be illustrated by the income from being USVI source or USVI possession. Subject to the rules of this following examples: effectively connected income within the section, the principles of section Example 1. X is a bona fide resident of meaning of section 937(b)(1). If Z also 864(c)(4) will apply for purposes of Possession I, a section 931 possession (as performs services in the United States, defined in § 1.931–1(c)(1)). X has an office in however, then the U.S. income rule would determining whether income from sources without the relevant possession Possession I from which X conducts a apply to the part of Z’s compensation that is business consisting of the development and sourced to the United States under section is effectively connected with the sale of specialized computer software. A 861(a)(3) and § 1.861–4. In the event that Y conduct of a trade or business in the purchaser of software will frequently pay X and Z are controlled taxpayers within the relevant possession. For purposes of the an additional amount to install the software meaning of § 1.482–1(i)(5), section 482 and preceding sentence, all income other on the purchaser’s operating system and to the regulations under that section, including than income from sources within the ensure that the software is functioning § 1.482–9T(i), would apply to evaluate the relevant possession (as determined properly. X performs the installation services arm’s length amount charged for Z’s at the purchaser’s place of business, which controlled services. under the rules of § 1.937–2) will be considered income from sources may be in Possession I, in the United States, or in another country. The provision of such (l) Effective/applicability dates. without the relevant possession in the Except as otherwise provided in this services is not de minimis and constitutes a application of the principles of section separate transaction under the rules of paragraph (l), this section applies to 864(c) under this paragraph (b), it income earned in taxable years ending § 1.861–18. Under the principles of section generally will be sufficient to substitute 864(c)(4) as applied pursuant to paragraph (b) after April 9, 2008. Taxpayers may the name of the relevant possession for of this section, the compensation that X choose to apply paragraph (b) of this the term ‘‘United States’’ where receives for personal services performed section to income earned in open appropriate, but additional substitutions outside of Possession I is not considered to taxable years ending after October 22, may be necessary to accomplish the be effectively connected with the conduct of 2004. Taxpayers may choose to apply a trade or business in Possession I for intent of section 937(b) and this section. purposes of section 931(a)(2). paragraph (f)(1) of this section to In no case, however, will a bona fide dispositions made after April 11, 2005. Example 2. (i) F Bank is organized under resident or other person have, as a result the laws of Country FC and operates an § 1.937–2T [Removed] of the application of these principles, active banking business from offices in the more income effectively connected with U.S. Virgin Islands (USVI). In connection I Par. 29. Section 1.937–2T is removed. the conduct of a trade or business in the with this banking business, F Bank makes I Par. 30. Section 1.937–3 is added to relevant possession than the amount of loans to and receives interest payments from read as follows: U.S. effectively connected income that a borrowers who reside in the USVI, in the United States, and in Country FC. § 1.937–3 Income effectively connected similarly situated U.S. person who is (ii) Under the principles of section with the conduct of a trade or business in not a bona fide resident would have 861(a)(1) as applied pursuant to § 1.937–2(b), a possession. under section 864(c). interest payments received by F Bank from (a) Scope. Section 937(b) and this (c) U.S. income—(1) In general. borrowers who reside in the United States or section set forth the rules for Except as provided in paragraph (d) of in Country FC constitute income from determining whether income is this section, income considered to be sources outside of the USVI. Under the effectively connected with the conduct effectively connected with the conduct principles of section 864(c)(4) as applied of a trade or business within the pursuant to paragraph (b) of this section, of a trade or business within a particular interest income from sources outside of the possession (the relevant possession) for relevant possession will not include any USVI generally may constitute income that is purposes of the Internal Revenue Code, item of income determined under the effectively connected with the conduct of a including sections 881(b) and 957(c) rules of sections 861 through 865 and trade or business within the USVI for and Subpart D, Part III, Subchapter N, the regulations under those provisions purposes of the Internal Revenue Code. Chapter 1 of the Internal Revenue Code. to be— However, interest payments received by F Paragraph (c) of this section does not (i) From sources within the United Bank from borrowers who reside in the apply, however, for purposes of section States; or United States constitute income from sources 881(b). In the case of a possession or (ii) Effectively connected with the within the United States under section conduct of a trade or business within 861(a)(1). Accordingly, under paragraph territory that administers income tax (c)(1) of this section, such interest income laws that are identical (except for the the United States. will not be treated as effectively connected substitution of the name of the (2) Conduit arrangements. Income with the conduct of a trade or business in the possession or territory for the term will be considered to be from sources USVI for purposes of the Internal Revenue ‘‘United States’’ where appropriate) to within the United States for purposes of Code (for example, for purposes of section

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934(b)). Interest payments received by F Bank Possession X facility and shipped via conduct of a trade or business in the United from borrowers who reside in Country FC, common carrier, or downloaded from States. Accordingly, the U.S. income rule of however, may be treated as effectively Corporation A’s server in Possession X. The section 937(b)(2), § 1.937–2(c)(1), and connected with the conduct of a trade or sales contract provides that the rights, title, paragraph (c)(1) of this section does not business in the USVI for purposes of the and interest in the product will pass from operate to prevent Corporation B’s services Internal Revenue Code (including section Corporation A to the customer either at income from being Territory X source or 934(b)). Corporation A’s place of business in Possession X effectively connected income (iii) To the extent that, as described in Possession X (if shipped in compact disc within the meaning of section 937(b)(1). section 934(a), the USVI administers income form) or at Corporation A’s server in (f) Effective/applicability date. Except tax laws that are identical (except for the Possession X (if electronically downloaded). as otherwise provided in this paragraph substitution of the name of the USVI for the Assume for purposes of this example that term ‘‘United States’’ where appropriate) to each transaction is classified as a sale of a (f), this section applies to income earned those in force in the United States, interest copyrighted article under § 1.861–18(c)(1)(ii) in taxable years ending after April 9, payments received by F Bank from borrowers and (f)(2). 2008. Taxpayers may choose to apply who reside in the United States or in Country (ii) Under the principles of section 863(a), paragraph (b) of this section to income FC may be treated as income that is as applied pursuant to § 1.937–2(b), because earned in open taxable years ending effectively connected with the conduct of a Corporation A passes the rights, title, and after October 22, 2004. trade or business in the USVI for purposes of interest to the copyrighted articles in F Bank’s income tax liability to the USVI Possession X, Corporation A’s sales income § 1.937–3T [Removed] under mirrored section 882. is sourced to Possession X. Corporation A’s I Par. 31. Section 1.937–3T is removed. Example 3. (i) G is a partnership that is sales income is also effectively connected I organized under the laws of, and that with the conduct of a trade or business in Par. 32. Section 1.957–3 is revised to operates an active financing business from Possession X, under the principles of section read as follows: offices in, Possession I. Interests in G are 864(c)(3) as applied pursuant to § 1.937–3(b). § 1.957–3 United States person defined. owned by D, a bona fide resident of Corporation A’s income is not from sources Possession I, and N, an alien individual who within the United States, nor is it effectively (a) Basic rule—(1) In general. The resides in Country FC. Pursuant to a pre- connected with the conduct of a trade or term United States person has the same arrangement, G loans $x to T, a business business in the United States. Accordingly, meaning for purposes of sections 951 entity organized under the laws of Country the U.S. income rule of section 937(b)(2), through 965 that it has under section FC, and T in turn loans $y to E, a U.S. § 1.937–2(c)(1), and paragraph (c)(1) of this 7701(a)(30) and the regulations under resident. In accordance with the section does not operate to prevent that section, except as provided in arrangement, E pays interest to T, which in Corporation A’s sales income from being paragraphs (b) and (c) of this section, turn pays interest to G. Possession X source and Possession X which provide, with respect to (ii) The arrangement constitutes a conduit effectively connected income under section arrangement under paragraph (c)(2) of this 937(b)(1). corporations organized in possessions of section, and the interest payments received Example 5. (i) Corporation B, a corporation the United States, that certain residents by G are treated as income from sources organized in Possession X, has its sole place of such possessions are not United within the United States for purposes of of business in Possession X and is not States persons. The effect of paragraph (c)(1) of this section. Accordingly, engaged in the conduct of a trade or business determining that an individual is not a the interest received by G will not be treated in the United States. Corporation B employs United States person for such purposes as effectively connected with the conduct of a software business model generally referred is to exclude such individual in a trade or business in Possession I for to as an application service provider. determining whether a foreign purposes of the Internal Revenue Code Employees of Corporation B in Possession X corporation created or organized in, or (including sections 931(a)(2) and 934(b), if develop software and maintain it on under the laws of, a possession of the applicable with respect to D). Whether such Corporation B’s server in Possession X. interest constitutes income from sources Corporation B’s customers in the United United States is a controlled foreign within the United States for other purposes States and around the world transmit corporation. See § 1.957–1 for the of the Internal Revenue Code under generally detailed data about their own customers to definition of the term ‘‘controlled applicable conduit principles will depend on Corporation B’s server and electronic storage foreign corporation.’’ the facts and circumstances. See, for facility in Possession X. The customers pay (2) Special provisions applicable to example, Aiken Indus., Inc. v. Commissioner, a monthly fee to Corporation B under a possessions of the United States. For 56 T.C. 925 (1971). Subscription Agreement, and they can use purposes of this section— (iii) If Possession I administers income tax the software to generate reports analyzing the (i) The term possession of the United laws that are identical (except for the data at any time but do not receive a copy States means Puerto Rico or any section substitution of the name of the possession for of the software. Corporation B’s software 931 possession; the term ‘‘United States’’ where appropriate) allows its customers to generate the reports (ii) The term section 931 possession to those in force in the United States, the from their location and to keep track of their has the same meaning that it has under interest received by G may be treated as relationships with their own customers. income effectively connected with the Assume for purposes of this example that § 1.931–1(c)(1); conduct of a trade or business in Possession Corporation B’s income from these (iii) The rules of § 1.937–1 will apply I under mirrored section 864(c)(4) for transactions is derived from the provision of for determining whether an individual purposes of determining the Possession I services. is a bona fide resident of a possession territorial income tax liability of N under (ii) Under the principles of section of the United States; mirrored section 871. 861(a)(3) and § 1.861–4(a), as applied (iv) Except as provided in paragraph Example 4. (i) Corporation A, a corporation pursuant to § 1.937–2(b), because (b)(2) of this section, the rules of organized in Possession X, is engaged in a Corporation B performs personal services § 1.937–2 will apply for determining business consisting of the development of wholly within Possession X, the whether income is from sources within computer software and the sale of that compensation Corporation B receives for a possession of the United States; and software. Corporation A has its sole place of services is sourced to Possession X. (v) The rules of § 1.937–3 will apply business in Possession X and is not engaged Corporation B’s services income is also in the conduct of a trade or business in the effectively connected with the conduct of a for determining whether income is United States. Corporation A receives orders trade or business in Possession X, under the effectively connected with the conduct for its software from customers in the United principles of section 864(c)(3) as applied of a trade or business in a possession of States and around the world. After orders are pursuant to § 1.937–3(b). Corporation B’s the United States. accepted, Corporation A’s software is either income is not from sources within the United (b) Puerto Rico corporation and loaded onto compact discs at Corporation A’s States, nor is it effectively connected with the resident. An individual (who, without

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regard to this paragraph (b), is a United bona fide residents of certain States person for purposes of section States person) will not be considered a possessions of the United States) will 6038 and this section. United States person with respect to a not apply. Net earnings from self- * * * * * foreign corporation created or organized employment are subject to the tax on (m) * * * Paragraph (d) of this section in, or under the laws of, Puerto Rico for self-employment income even if such applies to taxable years ending after the taxable year of such corporation that amounts are excluded from gross April 9, 2008. ends with or within the taxable year of income under section 931. such individual if— (b) Continental shelf. For the § 1.6038–2T [Removed] (1) Such individual is a bona fide definition of the term ‘‘United States’’ I Par. 38. Section 1.6038–2T, is resident of Puerto Rico during his entire and for other geographical definitions removed. taxable year in which or with which the relating to the continental shelf, see taxable year of such foreign corporation section 638 and § 1.638–1. I Par. 39. Section 1.6046–1 is amended ends; and (c) Effective/applicability date. This by revising paragraph (f)(3) and adding (2) A dividend received by such section applies to taxable years ending a new paragraph (l) to read as follows: individual from such corporation during after April 9, 2008. § 1.6046–1 Returns as to organization or the taxable year of such corporation § 1.1402(a)–12T [Removed] reorganization of foreign corporations and would, for purposes of section 933(1), as to acquisitions of their stock. be treated as income derived from I Par. 35. Section 1.1402(a)–12T is * * * * * sources within Puerto Rico. For removed. (f) * * * purposes of this paragraph (b)(2), the I Par. 36. Section 1.6012–1 is amended rules of § 1.937–2(g)(1) will not apply. by revising paragraph (a)(1)(iii) to read (3) U.S. person—(i) In general. For (c) Section 931 possession corporation as follows: purposes of section 6046 and this and resident. An individual (who, section, the term United States person without regard to this paragraph (c), is § 1.6012–1 Individuals required to make has the meaning assigned to it by a United States person) will not be returns of information. section 7701(a)(30), except as provided considered a United States person with (a) * * * in paragraphs (f)(3)(ii) and (iii) of this respect to a foreign corporation created (1) * * * section. or organized in, or under the laws of, a (iii) An alien bona fide resident of (ii) Special rule for individuals section 931 possession for the taxable Puerto Rico or any section 931 residing in certain possessions.—(A) year of such corporation that ends with possession, as defined in § 1.931– With respect to an individual who is a or within the taxable year of such 1(c)(1), during the entire taxable year. bona fide resident of Puerto Rico, the individual if— * * * * * term United States person has the (1) Such individual is a bona fide I Par. 37. Section 1.6038–2 is amended meaning assigned to it by § 1.957–3 resident of such section 931 possession by revising paragraph (d) and adding a except that the rules of § 1.937–2(g)(1) during his entire taxable year in which new sentence at the end of the will apply. or with which the taxable year of such paragraph (m) to read as follows: (B) With respect to individuals who foreign corporation ends; and are bona fide residents of any section (2) Such corporation satisfies the § 1.6038–2 Information returns required of 931 possession, as defined in § 1.931– United States persons with respect to following conditions— 1(c)(1), the term United States person (i) 80 percent or more of its gross annual accounting periods of certain foreign corporations. has the meaning assigned to it by income for the 3-year period ending at § 1.957–3. the close of the taxable year (or for such * * * * * (d) U.S. person—(1) In general. For (iii) Special rule for certain part of such period as such corporation nonresident aliens. An individual for or any predecessor has been in purposes of section 6038 and this section, the term United States person whom an election under section 6013(g) existence) was derived from sources or (h) is in effect will, subject to the within section 931 possessions or was has the meaning assigned to it by section 7701(a)(30), except as provided exceptions contained in paragraph effectively connected with the conduct (f)(3)(ii) of this section, be considered a of a trade or business in section 931 in paragraphs (d)(2) and (3) of this section. United States person for purposes of possessions; and section 6046 and this section. (ii) 50 percent or more of its gross (2) Special rule for individuals income for such period (or part) was residing in certain possessions.—(i) * * * * * derived from the active conduct of a With respect to an individual who is a (l) Effective/applicability date. trade or business within section 931 bona fide resident of Puerto Rico, the Paragraph (f)(3) of this section applies to possessions. term United States person has the taxable years ending after April 9, 2008. meaning assigned to it by § 1.957–3 (d) Effective/applicability date. This § 1.6046–1T [Removed] section applies to taxable years ending except that the rules of § 1.937–2(g)(1) after April 9, 2008. will apply. I Par. 40. Section 1.6046–1T is (ii) With respect to an individual who removed. § 1.957–3T [Removed] is a bona fide resident of any section I Par. 33. Section 1.957–3T is removed. 931 possession, as defined in § 1.931– PART 301—PROCEDURE AND I Par. 34. Section 1.1402(a)–12 is 1(c)(1), the term United States person ADMINISTRATION revised to read as follows: has the meaning assigned to it by § 1.957–3. I Par. 41. The authority citation for part § 1.1402(a)–12 Continental shelf and (3) Special rule for certain 301 continues to read, in part, as certain possessions of the United States. nonresident aliens. An individual for follows: (a) Certain possessions. For purposes whom an election under section 6013(g) Authority: 26 U.S.C. 7805 * * * of the tax on self-employment income, or (h) is in effect will, subject to the the exclusion from gross income exceptions contained in paragraph (d)(2) I Par. 42. Section 301.6688–1 is revised provided by section 931 (relating to of this section, be considered a United to read as follows:

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§ 301.6688–1 Assessable penalties with declaration that it is made under applying such laws with respect to respect to information required to be penalties of perjury. This statement income tax liability incurred to such furnished with respect to possessions. must be filed with Internal Revenue possession or territory. (a) In general. Each individual Service Center where Form 8898 must (2) Non-application for bona fide described in section 7654(a) who is be filed. In determining whether there resident determination. Section 7701(b) subject to an information reporting was reasonable cause for failure to does not provide the basis for requirement promulgated under the furnish the required information, determining whether an individual authority of section 937(c) or 7654 and account will be taken of the fact that the (including an alien individual) is a bona who fails to fully satisfy such individual was unable to furnish the fide resident of a United States requirement within the time prescribed required information in spite of the possession or territory for Federal for reporting such information must, in exercise of ordinary business care and addition to any criminal penalty income tax purposes. For the applicable prudence in his effort to furnish the rules for making this determination, see provided by law, pay a penalty of $1000 information. An individual will be for each such failure. Information section 937(a) and § 1.937–1 of this considered to have exercised ordinary chapter. reporting requirements promulgated business care and prudence in his effort under the authority of sections 937(c) to furnish the required information if he * * * * * and 7654(e) include the requirement for made reasonable efforts to furnish the § 301.7701(b)–1T [Removed] an individual to file Form 8898, information but was unable to do so ‘‘Statement for Individuals who Begin or because of a lack of sufficient facts on I Par. 45. Section 301.7701(b)–1T is End Bona Fide Residence in a U.S. which to make a proper determination. removed. Possession,’’ under § 1.937–1(h) of this (d) Effective/applicability date. This I Par. 46. Section 301.7701(b)–9 is chapter, to report that he or she became section applies to taxable years ending amended by revising the section or ceased to be a bona fide resident of after April 9, 2008. a possession. heading and adding new paragraph (b) Manner of payment. The penalty § 301.6688–1T [Removed] (b)(5) to read as follows: set forth in paragraph (a) of this section I Par. 43. Section 301.6688–1T is § 301.7701(b)–9 Effective/applicability must be paid in the same manner as tax removed. dates of §§ 301.7701(b)–1 through upon the issuance of a notice and I Par. 44. Section 301.7701(b)–1 is 301.7701(b)–7. demand for the penalty. amended by revising paragraph (d) to * * * * * (c) Reasonable cause—(1) In general. read as follows: The penalty set forth in paragraph (a) of (b) * * * this section will not apply if it is § 301.7701(b)–1 Resident alien. (5) Possessions and territories. For established to the satisfaction of the * * * * * purposes of applying section 7701(b) appropriate tax authority (as defined in (d) Application of section 7701(b) to and the regulations under that section, paragraph (c)(2) of this section) that the the possessions and territories—(1) § 301.7701(b)–1(d) applies to taxable failure to file the information return or Application to aliens for purposes of years ending after April 9, 2008. furnish the information within the mirror systems. Section 7701(b) Linda E. Stiff, prescribed time was due to reasonable provides the basis for determining cause and not to willful neglect. An whether an alien individual is a resident Deputy Commissioner for Services and individual who wishes to avoid the of a United States possession or territory Enforcement. penalty must make an affirmative that administers income tax laws that Approved: April 1, 2008. showing of all facts alleged as a are identical (except for the substitution Eric Solomon, reasonable cause for failure to file the of the name of the possession or Assistant Secretary of the Treasury (Tax information return on time, or furnish territory for the term ‘‘United States’’ Policy). the information on time, in the form of where appropriate) to those in force in [FR Doc. 08–1105 Filed 4–4–08; 8:45 am] a written statement containing a the United States, for purposes of BILLING CODE 4830–01–P

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Part V

Department of Housing and Urban Development Capacity Building for Community Development and Affordable Housing Grants; Notice

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DEPARTMENT OF HOUSING AND the HUD Demonstration Act of 1993 3. The four eligible applicants may URBAN DEVELOPMENT (Pub. L. 103–120, 107 Stat. 1148, 42 propose assistance using in-house staff, U.S.C. 9816 note), as amended, and the subcontractors, subrecipients, and local [Docket No. FR–5196–N–01] Consolidated Appropriations Act, 2008 organizations that have the requisite Capacity Building for Community; (Pub. L. 110–161). experience and capabilities. B. Match Requirement. Section 4(c) of Development and Affordable Housing II. Award Information Grants the HUD Demonstration Act of 1993 A. Available Funds. Approximately requires that each dollar awarded must AGENCY: Office of the Assistant $33.5 million in Fiscal Year (FY) 2008 be matched by three-dollars in cash or Secretary for Community Planning and funding is available to carry out the in-kind contribution obtained from Development, HUD. eligible activities related to affordable private sources. This is a threshold ACTION: Notice of Funding Availability housing and community development requirement. To receive funding under (NOFA). for the Section 4 capacity building this NOFA, each of the eligible program, of which up to $5 million may organizations must document their Overview Information be made available for rural capacity share of matching resources. Eligible organizations must submit a firm letter A. Federal Agency Name: Department building activities. In addition $3.45 million in FY2007 assistance is being of commitment for the match from each of Housing and Urban Development, organization providing the match. HUD Office of Community Planning and rolled-over into this competition. As a result, approximately $36.95 million is will accept documentation from the Development. applicant that provides a firm B. Funding Opportunity Title: available in this competition. B. Performance Period. Awards will commitment of resources provided by a Capacity Building for Community third party to a grantee or subgrantee to Development and Affordable Housing be for a period of 48 months. C. Terms of Award. HUD will enter conduct activities under this award. The Grants. source and amount of the match must be C. Announcement Type: Initial into a grant agreement with selected applicants for the performance period. specifically provided and explicitly Announcement. dedicated to the FY2008 Section 4 D. Funding Opportunity Number: FR– III. Eligibility Information competitive grant. All match, including 5196-N–01. in-kind contributions, shall conform to E. Catalog of Federal Domestic A. Eligible Applicants the requirements of 24 CFR 84.23. Assistance (CFDA) Number: 14.252. 1. The competition is limited to the F. Dates: The application deadline Applications that do not have letters of first four organizations identified in commitment that demonstrate they have date is July 18, 2008. section 4(a) of the HUD Demonstration G. Additional Overview Information: met the three-to-one match will fail the Act of 1993. These organizations are: The competition is limited to the first threshold requirement and will not Living Cities/The National Community four organizations identified in section receive further consideration for Development Initiative, Enterprise 4(a) of the HUD Demonstration Act of funding. Evidence of commitment for Community Partners, Inc. (formerly The 1993. These organizations are: Living the three-to-one match, such as signed Enterprise Foundation), the Local letters from private funding sources, Cities/The National Community Initiatives Support Corporation (LISC), shall be scanned and attached to the Development Initiative, Enterprise and Habitat for Humanity International. electronic application or submitted via Community Partners, Inc. (formerly The Specifically, the only applicants eligible fax (using form HUD–96011, ‘‘Third Enterprise Foundation), Local Initiatives for this competition are the four Party Documentation Facsimile Support Corporation (LISC), and Habitat organizations located at the following Transmittal’’ (‘‘Facsimile Transmittal for Humanity International. Application addresses: Form’’ on Grants.gov) as part of the information is contained in the General application. Section of HUD’s 2008 SuperNOFA (73 —Living Cities/The National FR 14882), published March 19, 2008 Community Development Initiative, C. Other and the information listed in this 55 West 125th Street, 11th Floor, New York, NY 10027. 1. Eligible Activities and Priorities. NOFA. The application submission Funds may be used to provide the information is contained in this NOFA —Enterprise Community Partners, Inc., 10227 Wincopin Circle, Suite 500, following services: at Section IV. Approximately $36.95 a. Training, education, support, and Columbia, MD 21044. million is available. A 3:1 match of advice to enhance the technical and private resources to federal funds is —Local Initiatives Support Corporation, administrative capabilities of CDCs and required, as outlined in section 4(c) of 501 Seventh Avenue, 7th Floor, New CHDOs, including the capacity to the HUD Demonstration Act of 1993. York, NY 10018. participate in consolidated planning, as —Habitat for Humanity International, Full Text of Announcement well as in fair housing planning and 121 Habitat Street, Americus, GA continuum-of-care homeless assistance I. Funding Opportunity Description 31709. efforts that help ensure community- A. Program Description. The purpose Affiliates and local offices of these wide participation in assessing area of the Section 4 capacity building organizations and their community needs; consulting broadly within the program is to enhance the capacity and partners are not eligible to compete community; cooperatively planning for ability of community development either directly or independently for the use of available resources in a corporations (CDCs) and community capacity building grants under this comprehensive and holistic manner; housing development organizations notice, but rather may seek funding and assisting in evaluating performance (CHDOs) to carry out community from the above organizations. under these community efforts and in development and affordable housing 2. To be eligible for funding under linking plans with neighboring activities that benefit low-income this NOFA, all applicants must also communities in order to foster regional families. meet the threshold requirements of the planning; B. Authority. The capacity building General Section, including the Civil b. Loans, grants, development program is authorized by section 4 of Rights threshold in section III.C. assistance, predevelopment assistance,

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or other financial assistance to CDCs its approval, in accordance with 24 CFR the General Section regarding CCR and CHDOs to carry out community 50.3(h). Registration) (SF–424, Version 02, is development and affordable housing available from Grants.gov); IV. Application and Submission activities that benefit low-income lSF–424 Supplement, Survey for Information families and persons, including the Ensuring Equal Opportunity for acquisition, construction, or A. Addresses To Request Application Applicants (‘‘Faith Based EEO Survey rehabilitation of housing for low-income Package. Applications from the four (SF–424 SUPP)’’ on Grants.gov); families and persons, and community eligible applicants must be received and lNarrative addressing Factors 1 and economic development activities validated by Grants.gov no later than through 5; that create jobs for low-income persons; 11:59:59 p.m. eastern time on the lHUD–96010, Program Outcome Logic and application deadline date. HUD must Model; l c. Such other activities as may be receive paper copy applications from HUD–424–CB, Grant Application determined by the grantees in applicants that received a waiver no Detailed Budget (‘‘HUD Detailed Budget Form’’ on Grants.gov); consultation with the Secretary or his or later than 11:59:59 p.m. on the lHUD–424–CBW, Detailed Budget her designee. Activities undertaken as application deadline date. See the Worksheet for Non-Construction part of, or as a result of, capacity General Section for application submission and timely receipt Projects; building efforts described in this section lSF–LLL, Disclosure of Lobbying shall support the implementation of procedures and for instructions on how to request a waiver. Paper applications Activities (if applicable); other HUD programs, especially the lHUD–2880, Applicant/Recipient Community Development Block Grant will not be accepted, unless the applicant has received a waiver of the Disclosure/Update Report (‘‘HUD (CDBG) programs, HOME Investment Applicant Recipient Disclosure Partnerships, homeless programs, and electronic submission requirement. B. Content and Form of Application Report’’ on Grants.gov); Housing Opportunities for Persons with Submission. A completed application lHUD–2993, Acknowledgment of AIDS (HOPWA). Further, such activities consists of an application submitted by Application Receipt (applicable to shall support HUD’s Strategic Plan and an authorized official of the paper applications only); priorities as described in the section l organization and containing all relevant HUD–2994–A, You Are Our Client! V.B.1 and V.B.2 of the General Section. sections of the application, as shown in Grant Applicant Survey (Optional); d. Up to $5 million may be available the checklist below in Section IV.B.4. and l for rural capacity building activities. 1. Rural Activities. Those applying for HUD–96011, Third Party Applicants who intend to spend funds to be used for rural capacity Documentation Facsimile Transmittal capacity building funds on rural building activities must submit specific (‘‘Facsimile Transmittal Form’’ on activities should identify those amounts budget information on those rural Grants.gov). in the application. activities. C. Submission Dates and Times. The 2. DUNS Requirement. Refer to the 2. Page Limitation. Narratives application deadline date is July 18, General Section for information addressing Factors 1 through 5 are 2008. Unless you received a waiver to regarding the Data Universal Numbering limited to no more than 30 typed pages. the electronic application submission System (DUNS) requirement. Applicants That is, reviewers will not review more requirement, your completed must obtain a DUNS number to receive than 30 pages for all five factors application must be submitted through an award from HUD. combined, except that the page limit http://www.grants.gov/applicants/ 3. Other Eligibility Requirements. All does not include the form HUD–96010, apply_for_grants.jsp and must be applicants requesting funding under Program Logic Model. received and validated by Grants.gov no this NOFA must be in compliance with 3. Prohibition on Materials Not later than 11:59:59 p.m. eastern time on the applicable threshold requirements Required. Materials other than what is the application deadline date. (Refer to found in the General Section. requested in this NOFA are prohibited. Section IV of the General Section for Applicants that do not meet these Reviewers will not consider resumes, further information on the delivery and requirements will be ineligible for charts, letters, or any other documents receipt of applications.) funding. attached to the application that are not D. Intergovernmental Review. 4. False Statements. An applicant’s specified in this NOFA. Intergovernmental review is not false statement in an application is 4. Checklist for Application applicable to capacity building grounds for denial or termination of an Submission. Procedures for submitting applications. award and grounds for possible electronic copies are outlined in E. Funding Restrictions. No fee or punishment, as provided in 18 U.S.C. Sections IV.B. and F. of the General profit may be paid to any recipient or 1001. Section. The following checklist is subrecipient of an award under this 5. Environmental Review. Individual provided as a guide to help ensure that capacity building NOFA. project sites to be funded by awards applicants submit all the required F. Other Submission Requirements under this NOFA may not be known at elements. For applicants receiving a the time the individual grant agreements waiver of the electronic submission 1. Electronic Delivery are awarded and also may not be known requirement, the paper submission must a. The Grants.gov Web site offers a when some of the individual subgrants be in the order provided below. All simple, unified application process. are made. Therefore, in accordance with applicants should enter the applicant There are several registration steps 24 CFR 50.3(h), the application and the name, DUNS number, and page applicants need to complete. Further grant agreement must provide that no numbers on the narrative pages of the information is contained in the General commitment or expenditure of HUD or application. Section published on March 19, 2008 private match funds to a HUD-assisted lSF–424, Application for Federal (73 FR 14883). Section 4 applicants project may be made until HUD has: (1) Assistance (Note: Applicants must should also read HUD’s Federal completed an environmental review to enter their legal name in box 8.a. of Register Notice on Early Registration the extent required under applicable the SF–424 as it appears in the published on March 10, 2008 (73 FR regulations and (2) given notification of Central Contractor Register (CCR). See 12751).

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b. Electronic signature. Applications relationship of their plan to the goals used for rural capacity building submitted through Grants.gov constitute and objectives in the HUD Strategic activities, clearly identify the need for submission as an electronically signed Plan. The plan can be viewed on the funds in those rural areas. application. HUD Web site at http://www.hud.gov/ 2. Rating Factor 2: Need/Extent of the 2. Instructions on how to submit utilities/intercept.cfm?/offices/cfo/ Problem (20 points) electronically are outlined in HUD’s reports/hud_strat_plan_2006–2011.pdf. ‘‘Desktop User’s Guide’’ located on Sound and extensive understanding HUD’s Grants Web site at http:// 1. Rating Factor 1: Capacity of the of need for capacity building in relation www.hud.gov/grants/index.cfm. Applicant and Relevant Organizational to the eligible activities and priorities 3. Waiver of Electronic Submission Experience (15 points) listed in Section III.C. of this NOFA, as Requirement. Applicants interested in Factor 1 relates to the capacity of the demonstrated by objective information applying for funding under this NOFA applicant and its relevant organizational and/or data, such as information from must submit their applications experience. Rating of the ‘‘applicant’’ or current census data, the American electronically or request a waiver from the ‘‘applicant’s organization and staff’’ Housing Survey, or other relevant data the electronic submission process. includes in-house staff and any sources. Sound and extensive Waiver requests must be submitted in subcontractors and subrecipients who understanding of high-priority needs in writing by e-mail. Waiver requests must are firmly committed to the project. In urban and rural settings for CHDOs and be submitted no later than 15 days prior responding to Factor 1, applicants CDCs, as demonstrated by objective to the application deadline date and should specify the experience, information and/or data. If applying for should be e-mailed to Karen E. Daly at knowledge, skills, and abilities of the funds to be used for rural capacity [email protected]. If you are applicant’s organization and staff, and building activities, clearly identify the granted a waiver from the electronic of any persons and organizations firmly need for funds in those rural areas. submission process, your application committed to the project. Please do not In rating this factor, HUD will must be received by HUD no later than include the Social Security Numbers of evaluate the extent to which the 11:59:59 p.m. eastern time on the any staff. application demonstrates an application deadline date. See the a. (5 points) Recent and successful understanding of the specific needs for General Section for additional experience of the applicant’s capacity building and supports the information. organization in building the capacity description of need with reliable, 4. Proof of Timely Submission. and ability of CDCs and CHDOs to program-specific, quantitative Applicants must submit their develop affordable housing and information. applications via Grants.gov. http:// community development activities. www.grants.gov/applicants/ In rating this factor, HUD will 3. Rating Factor 3: Soundness of apply_for_grants.jsp in time for receipt consider the extent to which the Approach (40 points) and validation by 11:59:59 p.m. eastern application demonstrates successful a. (20 points) A sound approach for time on the application deadline date of experience, within the last 4 years, in addressing the need for eligible capacity July 18, 2008. Validation can take up to providing technical and administrative building activities in relation to the 72 hours, so applicants should submit expertise to build the capacity of CDCs priorities listed in Section III.C. of this with ample time for the process to be and CHDOs. NOFA that will result in positive completed. Applicants are also advised b. (5 points) Depth of experience in outcomes. to submit with sufficient time to correct managing multiple capacity building In rating this factor, HUD will any deficiencies that would prevent the tasks, to multiple entities, and in more evaluate the extent to which the acceptance of their application by than one geographic area. application presents and supports a Grants.gov. (Refer to the General Section In rating this factor, HUD will detailed, feasible, and practical for specific procedures regarding proof consider the extent to which the approach for addressing capacity of timely submission of applications.) application demonstrates ability to building needs; including techniques, manage capacity building assignments time frames, goals, and intended V. Application Review Information effectively. beneficiaries, and the likelihood that A. Criteria. The maximum number of c. (5 points) Knowledgeable key these activities will be cost-effective and points to be awarded for a capacity personnel skilled in providing one or will result in the ability of the building application is 100. The more of the eligible activities for the organization receiving technical minimum score for an application to be Section 4 program; a sufficient number assistance to commence work on considered for funding is 75. The of staff, or ability to procure qualified specific housing and community Section 4 capacity building program is experts or professionals, with the development activities by the end of the not subject to bonus points, as described knowledge, skills, and abilities to performance period. in the General Section. deliver the proposed level of services in b. (10 points) A feasible work plan for Points are assigned on five factors. the proposed service area in a timely designing, organizing, managing, and When addressing Factors 2 through 5, and effective fashion; and an ability to carrying out the proposed capacity applicants should discuss the activities provide capacity building in urban and building activities. that will be carried out during the term rural settings. In rating this factor, HUD will of the grant agreement. Submissions In rating this factor, HUD will evaluate the extent to which the should provide relevant examples to consider the extent to which the application demonstrates the efficiency support the proposal, where application demonstrates that the of the design, organization, and appropriate. Submissions should also be organization has an adequate number of management of the proposed activities. specific when describing the key staff or the ability to procure c. (10 points) An effective assistance communities, populations, and individuals with the knowledge of program to specific disadvantaged organizations that they propose to serve effective capacity building approaches communities, populations, and/or and the specific outcomes expected as a and knowledge of developing affordable organizations that previously have been result of the activities. Submissions housing and community development underserved and have the potential to should also be specific about the activities. If applying for funds to be participate in the Section 4 program

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(such as the Neighborhood performance using the Logic Model In rating this factor, HUD will Revitalization Strategy Areas designated (form HUD–96010, ‘‘Program Outcome evaluate the extent to which the by HUD, Colonias, Appalachia’s Logic Model’’) with specific outcome application demonstrates successful distressed counties, the lower measures and benchmarks, and past performance that was timely and Mississippi Delta region, or locally performance improvements. resulted in positive outcomes in the designated community development In rating this factor, HUD will delivery of capacity building for target areas). If applying for funds to be evaluate the extent to which the affordable housing and community used for rural capacity building application has an evaluation plan that development. HUD will also consider activities, clearly identify the need for includes outcomes and is specific, past performance of current Section 4 funds in those rural areas. measurable, and appropriate in relation grantees, including financial and other In rating this factor, HUD will to the activities proposed. HUD is information in HUD’s files. evaluate the extent to which the committed to ensuring that programs applicant: (1) has identified and has result in the achievement of HUD’s B. Review and Selection Process documented, using reliable data, strategic mission. To support this effort, 1. Review Types. Two types of specific communities, populations, or grant applications submitted for HUD reviews will be conducted. First, HUD organizations that have been programs will be rated on how well they will review each application to disadvantaged or previously tie proposed outcomes to HUD’s policy determine whether it meets threshold underserved communities, populations, priorities and annual goals and eligibility requirements. Second, HUD or organizations and (2) has developed objectives, as well as the quality of the will review and assign scores to an effective strategy for engaging the applicant’s proposed evaluation and applications using the Factors for participation of those communities, monitoring plans. HUD’s strategic Award noted under Criteria, Section populations, or organizations in the framework establishes the goals and V.A. capacity building program. objectives for the Department. Please 2. Ranked Order. Once rating scores refer to the General Section. are assigned, rated applications will be 4. Rating Factor 4: Leveraging Resources The Logic Model should, at a listed in ranked order. Applications (15 points) minimum, discuss those performance within the fundable range (score of 75+ This factor evaluates the applicant’s indicators that have been developed for points) may then be funded in ranked ability to leverage (secure) public and/ use by HUD and the Office of order. or private sector resources (such as Management and Budget (OMB) in 3. Threshold Eligibility Requirements. financing, supplies, or services) from evaluating the Section 4 program, using All applicants must be in compliance sources other than Section 4 that can be OMB’s Program Assessment Rating Tool with the applicable threshold added to Section 4 funds to perform (PART). These measures include: (1) requirements found in the General eligible activities and sustain the The annual number of homes renovated, Section and the eligibility requirements applicant’s proposed project. Higher preserved, or newly constructed; (2) the listed in Section III of this NOFA in points will be awarded for higher annual number of trainings created and order to be reviewed, scored, and percentages of leveraged resources, provided to CDCs; (3) the long-term total ranked. Applications that do not meet compared to the amount of Section 4 development cost estimate of these requirements and applications funds requested. No leveraging points community development projects that were received after the deadline will be awarded if the minimum match funded by CDCs; and (4) the efficiency (see Section IV.C. of the General is not exceeded. For leveraging, HUD’s measure of per-unit cost of capacity Section) will be considered ineligible Management Plan has a performance building for housing units developed or for funding. goal of ten investment dollars from renovated. VI. Award Administration Information outside sources in total project Applicants should also outline any development costs for each Section 4 other short- or long-term outcomes that A. Award Notices. HUD will send grant awarded. To document leveraging are indicators of their program’s written notifications to both successful for the FY2008 NOFA, applicants performance. and unsuccessful applicants. A should report their actual results in b. (5 points) Successful past notification sent to a successful leveraging Section 4—assisted projects performance in administering HUD’s applicant is not an authorization to in Federal Fiscal Year 2007 (October 1, Section 4 capacity building program. begin performance or to incur costs. 2006–September 30, 2007). All This rating factor reflects HUD’s goal to After selection for funding, each leveraging commitments shall be embrace high standards of ethics, grantee will submit to HUD a specific scanned and attached to the electronic management, and accountability. work and funding plan for each application or submitted via fax using Applicants should include, as community it proposes to serve, form HUD–96011, ‘‘Third Party applicable, increases in Community showing when and how the federal Documentation Facsimile Transmittal’’ Planning and Development (CPD) or funds and matching funds will be used. (‘‘Facsimile Transmittal Form’’ on affordable housing and community Applicants will be given the Grants.gov) as part of the application. development program accomplishments opportunity to amend their logic models Applicants must note that leveraging as a result of capacity building (e.g., according to the grant award, prior to resources are considered additional number of affordable housing units entering into the grant agreement. The resources beyond and above the developed, number of trainings work plan must be sufficiently detailed statutorily required 3:1 matching delivered to CDCs and CHDOs, growth for monitoring purposes and must resource requirement and cannot be of CDC and CHDO capacity over time, identify the performance goals and counted towards the statutory match efficiency or effectiveness of objectives to be achieved. Within 45 requirement. administration of CPD or community days after submission of a specific work development programs, timeliness of plan, HUD will approve the work plan 5. Rating Factor 5: Achieving Results use of CPD or community development or notify the grantee of matters that need and Program Evaluation (10 points) program funds, and project to be addressed prior to approval. Work a. (5 points) An effective, quantifiable development investment and leveraging plans may be developed for less than evaluation plan for measuring efficiencies). the full dollar amount and term of the

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award, but no HUD-funded costs may be and shall include reports on the 8339 (this is a toll-free number). incurred for any activity until the work commitment and expenditure of private Information may also be obtained plan is approved by HUD. All activities matching resources utilized through the through the HUD Web site at are also subject to the environmental end of the reporting period. Reports www.hud.gov. requirements in section III.C.5. of this shall conform to the reporting VIII. Other Information notice. requirements of 24 CFR part 84. As part After selection, but prior to award, of the required performance report to A. Paperwork Reduction Act. The applicants selected for funding will be HUD, grant recipients must include a provisions of the Paperwork Reduction required to provide HUD with their completed Program Outcome Logic Act do not apply because there are written Code of Conduct, if they have Model (form HUD–96010), which fewer than 10 respondents; only four not previously done so and it is identifies output and outcome applicants are eligible for this program. recorded on the HUD Web site at http:// achievements. B. Environmental Impact. A Finding www.hud.gov/offices/adm/grants/ 2. Additional information or of No Significant Impact with respect to codeofconduct/cconduct.cfm. increased frequency of reporting may be the environment has been made, in B. Administrative and National Policy required by HUD any time during the accordance with the Department’s Requirements grant agreement, if HUD finds such regulations at 24 CFR part 50, which reporting to be necessary for monitoring implements section 102(2)(C) of the 1. OMB Circulars and Governmentwide purposes. National Environmental Policy Act of Regulations Applicable to Financial 3. To further the consultation process 1969 (42 U.S.C. 4332). The Finding of Assistance Programs and share the results of progress to date, No Significant Impact is available for Awards under this NOFA will be the Secretary may require grantees to public inspection between 7:30 a.m. and governed by 24 CFR part 84 (Uniform present and discuss their performance 5:30 p.m. weekdays at the Office of the Administrative Requirements), OMB reports at annual meetings in Rules Docket Clerk, Department of Circular A–122 (Cost Principles for Washington, DC, during the life of the Housing and Urban Development, 451 Nonprofit Organizations), and OMB award. Seventh Street, SW., Room 10276, Circular A–133 (Audits of States, Local 4. The performance reports must Washington, DC 20410. Governments, and Non-Profit contain the information required under C. Fair Housing and Equal Organizations). Copies of the OMB 24 CFR part 84, including a comparison Opportunity. Applications must contain Circulars may be obtained from of actual accomplishments with the a certification that the applicant and all Executive Office of the President’s objectives and performance goals of the subgrantees shall comply with the (EOP) Publications Office, Room 2200, work plans. In the work plans, each requirements of the Fair Housing Act, New Executive Office Building, grantee will identify performance goals Title VI of the Civil Rights Act of 1964, Washington, DC 20503, telephone and objectives established for each section 504 of the Rehabilitation Act of number (202) 395–3080 (this is not a community in which it proposes to 1973, the Age Discrimination Act of toll-free number) or (800) 877–8339 (a work and appropriate measurements 1975, Title IX of the Education toll-free number for the TTY Federal under the work plan, such as the Amendments Act of 1972, and the Information Relay Service, for hearing- number of housing units and facilities Americans with Disabilities Act, and or speech impaired persons). each CDC or CHDO produces annually will affirmatively further fair housing. Information also may be obtained from during the grant period and the average D. Section 3 of the Housing and the OMB Web site at http:// cost of such units. The performance Urban Development Act of 1968. www.whitehouse.gov/omb/circulars/ reports will also include a discussion of Applications must contain a index.html. the reasonableness of the unit costs, the certification that the applicant and all 2. General. See section III.C. of the reasons for slippage if established subgrantees will comply with section 3 General Section regarding additional objectives and goals are not met, and of the Housing and Urban Development applicable requirements. Please note, for additional pertinent information. Act of 1968, as amended (12 U.S.C. example, when the activities carried out 5. A final performance report, in the 1701u) and HUD’s implementing with HUD funds include construction, form described in paragraph (d) regulations at 24 CFR part 135, which the grantee must comply with Executive immediately above, shall be provided to require that, to the greatest extent Order 13202, ‘‘Preservation of Open HUD by each grantee within 90 days feasible, opportunities for training and Competition and Government Neutrality after the completion date of the award. employment be given to low-income Towards Government Contractors’ Labor 6. Financial status reports (SF–269A) persons residing within the unit of local Relations on Federal and Federally shall be submitted quarterly. government for the metropolitan area (or Funded Construction Projects.’’ VII. Agency Contacts nonmetropolitan county) in which the project is located. C. Reporting For Assistance. Applicants may 1. Grantees will be required to report contact Karen E. Daly at (202) 708–1817 Dated: April 2, 2008. to HUD, as specified in the grant (this is not a toll-free number). Persons Nelson R. Brego´n, agreement. Performance reports shall with hearing and speech impairments General Deputy Assistant Secretary for include reports on both performance may access the above numbers via TTY Community Planning and Development. and financial progress under work plans (text telephone) by calling the Federal [FR Doc. E8–7400 Filed 4–8–08; 8:45 am] Information Relay Service at (800) 877– BILLING CODE 4210–67–P

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Part VI

The President Proclamation 8233—National Tartan Day, 2008

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Federal Register Presidential Documents Vol. 73, No. 69

Wednesday, April 9, 2008

Title 3— Proclamation 8233 of April 4, 2008

The President National Tartan Day, 2008

By the President of the United States of America

A Proclamation Americans of Scottish descent have made enduring contributions to our Nation with their hard work, faith, and values. On National Tartan Day, we celebrate the spirit and character of Scottish Americans and recognize their many contributions to our culture and our way of life. Scotland and the United States have long shared ties of family and friendship, and many of our country’s most cherished customs and ideals first grew to maturity on Scotland’s soil. The Declaration of Arbroath, the Scottish Declaration of Independence signed in 1320, embodied the Scots’ strong dedication to liberty, and the Scots brought that tradition of freedom with them to the New World. Sons and daughters of many Scottish clans were among the first immigrants to settle in America, and their determination and optimism helped build our Nation’s character. Several of our Founding Fathers were of Scottish descent, as have been many Presidents and Justices of the United States Supreme Court. Many Scottish Americans, such as Andrew Carnegie, were great philanthropists, founding and supporting nu- merous scientific, educational, and civic institutions. From the evocative sounds of the bagpipes to the great sport of golf, the Scots have also left an indelible mark on American culture. National Tartan Day is an opportunity to celebrate all Americans who claim Scottish ancestry, and we are especially grateful for the service in our Armed Forces of Scottish Americans who have answered the call to protect our Nation. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 6, 2008, as National Tartan Day. I call upon all Americans to observe this day by celebrating the continued friendship between the people of Scotland and the United States and by recognizing the contributions of Scottish Americans to our Nation.

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

[FR Doc. 08–1119 Filed 4–8–08; 8:34 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 73, No. 69 Wednesday, April 9, 2008

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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. 71 ...... 17887, 17888, 18151, Presidential Documents 3 CFR 18436, 18437, 18438, 18439, Executive orders and proclamations 741–6000 Proclamations: 18956, 18957, 19143 The United States Government Manual 741–6000 7746 (See 8228)...... 18141 97...... 18152 7747 (See 8228)...... 18141 Other Services Proposed Rules: 7987 (See 8228)...... 18141 39 ...... 17258, 17260, 17935, Electronic and on-line services (voice) 741–6020 8097 (See 8228)...... 18141 17937, 18220, 18461, 18719, Privacy Act Compilation 741–6064 8214 (See 8228)...... 18141 18721, 18722, 18725, 19015, Public Laws Update Service (numbers, dates, etc.) 741–6043 8228...... 18141 19017 TTY for the deaf-and-hard-of-hearing 741–6086 8229...... 18425 71 ...... 18222, 19019, 19174 8230...... 18427 8231...... 18429 16 CFR ELECTRONIC RESEARCH 8232...... 18431 Proposed Rules: World Wide Web 8233...... 19387 303...... 18727 Full text of the daily Federal Register, CFR and other publications Executive Orders: 305...... 17263 11651 (See is located at: http://www.gpoaccess.gov/nara/index.html Proclamation 17 CFR Federal Register information and research tools, including Public 8228) ...... 18141 200...... 17810 Inspection List, indexes, and links to GPO Access are located at: Administrative Orders: 239...... 17810 l http://www.archives.gov/federal register Presidential 240...... 17810 E-mail Determinations: No. 2008-15 of March 18 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 19, 2008 ...... 17241 35...... 17246 an open e-mail service that provides subscribers with a digital No. 2008-17 of March form of the Federal Register Table of Contents. The digital form 28, 2008 ...... 17879 21 CFR of the Federal Register Table of Contents includes HTML and No. 2008-16 of March 210...... 18440 PDF links to the full text of each document. 24, 2008 ...... 18147 211...... 18440 To join or leave, go to http://listserv.access.gpo.gov and select 510...... 18441 5 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 520...... 18441 (or change settings); then follow the instructions. 630...... 18943 522...... 17890 PENS (Public Law Electronic Notification Service) is an e-mail 1201...... 18149 526...... 18441 service that notifies subscribers of recently enacted laws. 7401...... 18944 558...... 18441, 18958 Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 7 CFR 1308...... 19175 and select Join or leave the list (or change settings); then follow 1...... 18433 the instructions. 301...... 18701 22 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 457...... 17243 41...... 18384 respond to specific inquiries. 983...... 18703 53...... 18384 Reference questions. Send questions and comments about the Proposed Rules: 309...... 18154 Federal Register system to: [email protected] 301...... 17930 319...... 17930 25 CFR The Federal Register staff cannot interpret specific documents or regulations. Proposed Rules: 8 CFR 26...... 19179 212...... 18384 27...... 19179 FEDERAL REGISTER PAGES AND DATE, APRIL 214...... 18944 235...... 18384 26 CFR 17241–17880...... 1 274a...... 18944 1 ...... 18159, 18160, 18708, 17881–18148...... 2 18709, 19350 18149–18432...... 3 9 CFR 301...... 18442, 19350 18433–18700...... 4 77...... 19139 602...... 18709 18701–18942...... 7 94...... 17881 Proposed Rules: 18943–19138...... 8 1...... 18729 19139–19388...... 9 10 CFR 31...... 18729 Proposed Rules: 431...... 18858 30 CFR 756...... 17247 12 CFR Proposed Rules: 268...... 17885 938...... 17268 14 CFR 32 CFR 39...... 18433, 18706 Proposed Rules: 61...... 17243 199...... 17271

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33 CFR 17918, 19147, 19150, 19154 67 ...... 18189, 18197, 19161 49 CFR 264...... 18970 117 ...... 17249, 17250, 18960, Proposed Rules: Proposed Rules: 266...... 18970 18961 67 ...... 18230, 18243, 18246 171...... 17818 271...... 17924, 18172 165...... 18961 173...... 17818 Proposed Rules: Proposed Rules: 45 CFR 174...... 17818 52 ...... 17289, 17939, 18466, 165...... 18222, 18225 801...... 18715 179...... 17818 19034 383...... 19282 36 CFR 62...... 19035 47 CFR 384...... 19282 242...... 18710 63 ...... 17292, 17940, 18229, 385...... 19282 101...... 18443 1253...... 18160 18334 141...... 19320 Proposed Rules: Proposed Rules: 271...... 17944, 18229 73...... 18252 50 CFR 1280...... 18462 17...... 17782 41 CFR 38 CFR 48 CFR 100...... 18710 Proposed Rules: 60-250...... 18712 Proposed Rules: 223...... 18984 2...... 17945 226...... 19000 5...... 19021 42 CFR 9...... 17945 229...... 19171 40 CFR 422...... 18176 13...... 17945 622...... 18717 49...... 18161 423...... 18176, 18918 17...... 17945 648...... 18215, 18443 52 ...... 17890, 17893, 17896, Proposed Rules: 32...... 19035 665...... 18450, 18717 18963, 19144 431...... 18676 36...... 17945 679...... 18219, 19172 60...... 18162 440...... 18676 42...... 17945 Proposed Rules: 61...... 18162 441...... 18676 43...... 19035 300...... 18473 62...... 18968 52...... 19035 622...... 18253, 19040 63 ...... 17252, 18169, 18970 44 CFR 53...... 17945, 19035 635...... 18473 81...... 17897 62...... 18182 1633...... 18729 648...... 18483 180 ...... 17906, 17910, 17914, 64...... 17928, 18188 2133...... 18730 697...... 18253

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REMINDERS Emission Measurement Penobscot Bay, ME; Accuracy Margins for comments due by 4-14- The items in this list were COMMENTS DUE NEXT Portable Emission 08; published 2-14-08 [FR editorially compiled as an aid WEEK Measurement Systems E8-02693] to Federal Register users. and Program Revisions; Inclusion or exclusion from HOMELAND SECURITY AGRICULTURE comments due by 4-14- this list has no legal DEPARTMENT DEPARTMENT 08; published 3-13-08 [FR significance. Agricultural Marketing E8-04388] Federal Emergency Management Agency Service Napropamide; Request to Increased Assessment Rate; Proposed Flood Elevation RULES GOING INTO Voluntarily Amend to Vidalia Onions Grown in Terminate Uses of Determinations; comments EFFECT APRIL 9, 2008 Georgia; comments due by Napropamide Pesticide due by 4-15-08; published 4-17-08; published 3-18-08 Registrations; comments 1-16-08 [FR E8-00725] AGRICULTURE [FR E8-05358] due by 4-18-08; published HOMELAND SECURITY DEPARTMENT AGRICULTURE 3-19-08 [FR E8-05294] DEPARTMENT U.S. Citizenship and Animal and Plant Health DEPARTMENT National Priorities List; Immigration Services Inspection Service Animal and Plant Health comments due by 4-18-08; Inspection Service published 3-19-08 [FR E8- Changes to Requirements Tuberculosis in Cattle and 05559] Affecting H-2A Bison; State and Zone Animal Welfare; Climatic and Outer Continental Shelf Air Nonimmigrants; comments Designations; Minnesota; Environmental Conditions for Regulations Update to due by 4-14-08; published published 4-9-08 Transportation of Warmblooded Animals Other Include New York State 3-31-08 [FR E8-06605] ENVIRONMENTAL Than Marine Mammals; Requirements; comments HOUSING AND URBAN PROTECTION AGENCY comments due by 4-17-08; due by 4-14-08; published DEVELOPMENT 1-Methylcyclopropene; published 3-18-08 [FR E8- 3-14-08 [FR 08-01020] DEPARTMENT Amendment to an 05394] FEDERAL DEPOSIT Real Estate Settlement Exemption from the DEFENSE DEPARTMENT INSURANCE CORPORATION Procedures Act Website Requirement of a Tolerance; Federal Acquisition Regulation: Processing of Deposit Complaint Questionnaire; published 4-9-08 Agency Information Accounts in the Event of an comments due by 4-17-08; California State Collection Activities; Insured Depository published 3-18-08 [FR E8- Implementation Plan Proposals, Submissions, Institution Failure and Large- 05435] Revisions; South Coast Air and Approvals; comments Bank Deposit Insurance LABOR DEPARTMENT Quality Management District; due by 4-17-08; published Determination Modernization; Labor-Management published 3-10-08 3-18-08 [FR E8-05396] comments due by 4-14-08; Standards Office Pesticide Tolerance: published 1-14-08 [FR E8- ENERGY DEPARTMENT 00273] Labor Organization Annual Buprofezin; published 4-9-08 Energy Conservation Program: Financial Reports; GENERAL SERVICES comments due by 4-18-08; Fenhexamid; published 4-9- Energy Conservation ADMINISTRATION 08 Standards for General published 3-4-08 [FR E8- Service Fluorescent Federal Acquisition Regulation: 03853] INTERIOR DEPARTMENT Lamps and Incandescent Agency Information MANAGEMENT AND Indian Affairs Bureau Reflector Lamps; Collection Activities; BUDGET OFFICE Proposals, Submissions, Indian Tribal Energy and Self- comments due by 4-14- Federal Procurement Policy and Approvals; comments Determination Act; Tribal 08; published 3-13-08 [FR Office due by 4-17-08; published Energy Resource E8-04018] 3-18-08 [FR E8-05396] Cost Accounting Standards Agreements; published 3-10- ENVIRONMENTAL Board; Allocation of Home 08 PROTECTION AGENCY HEALTH AND HUMAN Office Expenses to SERVICES DEPARTMENT JUSTICE DEPARTMENT Approval and Promulgation of Segments; comments due Air Quality Implementation Centers for Medicare & by 4-14-08; published 2-13- Parole Commission Plans; Indiana; Revisions to Medicaid Services 08 [FR E8-02666] Paroling, Recommitting, and Particulate Matter Rules; Medicaid Program: NATIONAL AERONAUTICS Supervising Federal comments due by 4-14-08; Multiple Source Drug AND SPACE Prisoners: published 3-14-08 [FR E8- Definition; comments due ADMINISTRATION 05053] Prisoners Serving Sentences by 4-14-08; published 3- Federal Acquisition Regulation: Under the United States Approval and Promulgation of 14-08 [FR 08-01022] Agency Information and District of Columbia Air Quality Implementation HEALTH AND HUMAN Collection Activities; Codes; published 3-10-08 Plans: SERVICES DEPARTMENT Proposals, Submissions, Indiana; comments due by NUCLEAR REGULATORY Patient Safety and Quality and Approvals; comments 4-17-08; published 3-18- COMMISSION Improvement; comments due by 4-17-08; published 08 [FR E8-05287] Interlocutory Review of due by 4-14-08; published 3-18-08 [FR E8-05396] Environmental Statements; Rulings on Requests by 2-12-08 [FR E8-02375] Notice of Intent: OFFICE OF UNITED STATES Potential Parties for Access HOMELAND SECURITY TRADE REPRESENTATIVE Coastal Nonpoint Pollution to Sensitive Unclassified DEPARTMENT Control Programs; States Trade Representative, Office Non-Safeguards Information Coast Guard of United States and Safeguards Information; and Territories— Freedom of Information Act; published 3-10-08 Florida and South Anchorage Regulations: Carolina; Open for Boston Harbor, MA, comments due by 4-14-08; TREASURY DEPARTMENT comments until further Weymouth Fore River; published 2-14-08 [FR E8- Internal Revenue Service notice; published 2-11- comments due by 4-14- 02254] Source Rules Involving U.S. 08 [FR 08-00596] 08; published 2-14-08 [FR POSTAL SERVICE Possessions and Other In-Use Testing for Heavy-Duty E8-02692] Letter-Size Booklets and Conforming Changes; Diesel Engines and Stonington Maine, Deer Folded Self-Mailers; published 4-9-08 Vehicles: Island Thorofare, comments due by 4-14-08;

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published 3-14-08 [FR E8- Dassault Model Falcon 2000 and Gulfstream 200 in ‘‘slip law’’ (individual 05094] Airplanes; comments due Airplanes; comments due pamphlet) form from the SECURITIES AND by 4-14-08; published 3- by 4-14-08; published 3- Superintendent of Documents, EXCHANGE COMMISSION 13-08 [FR E8-04999] 13-08 [FR E8-05015] U.S. Government Printing Self-Regulatory Organizations; Dassault Model Falcon Pilatus Aircraft Ltd. Models Office, Washington, DC 20402 Proposed Rule Changes: 2000EX Airplanes; PC-12, PC-12/45, and (phone, 202–512–1808). The NASDAQ Stock Market LLC; comments due by 4-14- PC-12/47 Airplanes; text will also be made comments due by 4-16- 08; published 3-13-08 [FR comments due by 4-14- available on the Internet from 08; published 3-26-08 [FR E8-05006] 08; published 3-13-08 [FR GPO Access at http:// E8-06127] Dassault Model Falcon E8-05008] www.gpoaccess.gov/plaws/ index.html. Some laws may TRANSPORTATION 2000EX and 900EX Short Brothers Model SD3- not yet be available. DEPARTMENT Airplanes; comments due 60 Airplanes; comments Federal Aviation by 4-17-08; published 3- due by 4-14-08; published S. 2733/P.L. 110–198 Administration 18-08 [FR E8-05371] 2-29-08 [FR E8-03825] Higher Education Extension Airworthiness Directives: Dassault Model Mystere Establishment of Class D Falcon 20 C5, 20 D5, and Airspace: Act of 2008 (Mar. 24, 2008; Agusta S.p.a. Model A109E 122 Stat. 656) and A119 Helicopters; 20 E5 Airplanes; San Bernardino International comments due by 4-18- comments due by 4-14- Airport, San Bernardino, Last List March 18, 2008 08; published 3-19-08 [FR 08; published 3-13-08 [FR CA; comments due by 4- E8-05495] E8-05016] 14-08; published 3-14-08 Dornier Model 328 100 ATR Model ATR42 200, [FR E8-04941] Public Laws Electronic 300, 320, 500 Airplanes; Airplanes; comments due by 4-14-08; published 3- Notification Service and Model ATR72 101, (PENS) 201, 102, 202, 211, 212, 13-08 [FR E8-04996] LIST OF PUBLIC LAWS and 212A Airplanes; Empresa Brasileira de comments due by 4-14- Aeronautica S.A. This is a continuing list of 08; published 3-13-08 [FR (EMBRAER) Model EMB public bills from the current PENS is a free electronic mail E8-05003] etc.; comments due by 4- session of Congress which notification service of newly BAE Systems (Operations) 14-08; published 3-13-08 have become Federal laws. It enacted public laws. To Limited (Jetstream) Model [FR E8-05002] may be used in conjunction subscribe, go to http:// 4101 Airplanes; comments Gulfstream Aerospace LP with ‘‘PLUS’’ (Public Laws listserv.gsa.gov/archives/ due by 4-14-08; published Model Astra SPX and Update Service) on 202–741– publaws-l.html 3-13-08 [FR E8-05000] 1125 Westwind Astra 6043. This list is also Note: This service is strictly Boeing Model 747 400, 747 Airplanes and Gulfstream available online at http:// for E-mail notification of new 400D, and 747 400F 100 Airplanes; comments www.archives.gov/federal- laws. The text of laws is not Series Airplanes; due by 4-14-08; published register/laws.html. available through this service. comments due by 4-14- 3-14-08 [FR E8-05147] The text of laws is not PENS cannot respond to 08; published 3-13-08 [FR Gulfstream Aerospace LP published in the Federal specific inquiries sent to this E8-05013] Model Galaxy Airplanes Register but may be ordered address.

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